Council Meeting 11/06/07

Regular Meeting eAgenda
November 06, 2007

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note:

Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 6, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio	District 5 – Laurie Capitelli
District 2 – Darryl Moore	District 6 – Betty Olds
District 3 – Max Anderson	District 7 – Kriss Worthington
District 4 – Dona Spring	District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Pamyla Means, City Clerk, 981-6900

Note: Council Rules of Procedure are currently under review and are subject to change.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

Items that are removed from the Consent Calendar and deemed by the Mayor to be controversial in nature will be considered at the end of the agenda. The Mayor will call for public comments on items on the Consent Calendar. For each item, the Mayor will entertain one speaker in support and ask that persons in the audience who are also in support stand to be recognized. The Mayor will then entertain one speaker in opposition and follow the same process for the speaker in support. If the Mayor determines that there are several persons wishing to speak to the item, the item will be removed from the Consent Calendar and considered at the end of the agenda.

1. Amendment to FY 2008 Annual Appropriations Ordinance (PDF, 392 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,000–N.S amending the FY 2008 Annual Appropriations Ordinance No. 6,935–N.S. for fiscal year 2008 based upon recommended re-appropriation of committed FY 2007 funding and other adjustments authorized since July 1, 2007, in the amount of $61,848,111 (gross) and $52,178,359 (net).

First Reading: Ayes: Anderson, Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes: None. Absent: None.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

2. Lease: 1013 Pardee Street No. 105 (PDF, 234 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,001–N.S authorizing a new one year lease from October 1, 2007 to September 30, 2008 for an existing warehouse at 1013 Pardee Street, No.105 (alternate address of 2700 10th Street) for the storage of fire and police equipment, emergency supplies and equipment.

First Reading: Ayes: Anderson, Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes: None. Absent: None.

Financial Implications: Measure Q, Budget Code - $138,293

Contact: Debra Pryor, Fire, 981-3473

Action: Adopted first reading of Ordinance No. 7,001–N.S. Second reading scheduled for November 6, 2007.

3. Deferred Compensation Plan: Amend Plan to Allow Employees to Purchase Additional Retirement Service (PDF, 11 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,002–N.S to amend Ordinance No 6,749–N.S., the City of Berkeley Deferred Compensation Plan to add a new Article XIII, Purchase of Additional Retirement Service Credit from the California Public Employees' Retirement System (CalPERS).

First Reading: Ayes: Anderson, Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes: None. Absent: None.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

4. Amend Council Rules of Procedure, Article IV Conduct of Meetings, Regarding Comments from the Public (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 62,857-N.S., Council Rules of Procedure, Chapter IV Conduct of Meetings, regarding Comments from the Public, Public Hearings and Work Sessions.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

5. Commission Chair and Vice Chair Training (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,531-N.S. relating to commission chair and vice chair training to allow commission officers to complete the required training via online video.

Financial Implications: See report.

Contact: Pamyla Means, City Clerk, 981-6900

6. Contract Amendment: Access Information Management, Commercial Records Center Services (PDF, 254 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7421 with Access Information Management for commercial records center services to increase the contract amount by not to exceed $6,000 to bar code City inventory.

Financial Implications: General Fund - $6,000

Contact: Pamyla Means, City Clerk, 981-6900

7. Minutes for Approval (PDF, 278 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of October 9, 2007 (closed and regular).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

8. Adoption of the 2007 California Fire Code with Local Amendments (PDF, 420 KB)

From: City Manager

Recommendation:

1) Adopt the first reading of an Ordinance repealing and re-enacting the Berkeley Fire Code Chapter 19.48 and related procedural and stricter provisions;

2) Schedule a public hearing along with the adoption of the Ordinance for November 27, 2007.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

9. Adoption of Revisions to Berkeley Municipal Code 13.46 (Indoor Entertainment Events) (PDF, 211 KB)

From: City Manager

Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.46 Indoor Entertainment Events.

Financial Implications: None

Contact: Debra Pryor, Fire, 981-3473

10. Classification: Library Administrative Manager (PDF, 248 KB)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,812-N.S., Classification and Salary Resolution for Unrepresented Employees, to change the title of Library Financial Manager to Library Administrative Manager and to revise the classification specification effective November 1, 2007.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

11. Contract Amendment: Gilman Project Permit Process - LSA Associates (PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7344 with LSA Associates, Inc. for consulting services for the Gilman Project permit process by $18,056 for a total not to exceed $36,336, which includes a 20% contingency, through June 30, 2008.

Financial Implications: General Fund - $36,336

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

12. Contract No. 7349 Amendment: Gilman Project Environmental Monitoring - Fugro West (PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7349 with Fugro West, Inc., for environmental monitoring services by $23,150, plus a 20% contingency, for an amount not to exceed $62,035 through June 30, 2008.

Financial Implications: General Fund - $62,035

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

13. Adoption of Berkeley Building Codes (PDF, 412 KB)

From: City Manager

Recommendation:

1) Adopt first reading of an Ordinance repealing and re-enacting the Berkeley Building, Electrical, Mechanical and Plumbing Codes and related procedural and stricter provisions in BMC Chapters 19.28, 19.30, 19.32 and 19.36;

2) Schedule a public hearing, along with the adoption of the Ordinance for November 27, 2007.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

14. Contract: Mills Act - 2611 Ashby Avenue (PDF, 789 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2611 Ashby Avenue.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

15. Fee Deferral and Modification of Loan Agreement for Freight and Salvage (Berkeley Society for the Preservation of Traditional Music) (PDF, 248 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing loan agreement with Freight and Salvage (Berkeley Society for the Preservation of Traditional Music) to increase the loan amount by up to $350,000 to pay for City building permit fees for the Society’s new venue at 2020-2026 Addison Street and to modify the loan terms to allow forgiveness of $77,000 of the original loan principal when Freight and Salvage receives a Certificate of Occupancy for its new building at 2020-26 Addition.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

16. Contract: East Stockton Transfer Recycle for Construction & Demolition Waste Processing (PDF, 250 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with East Stockton Transfer Recycle to sort construction and demolition waste for an annual amount not to exceed $1,382,500 in FY 2008 and a total contract amount not to exceed $5,727,500 for FY 2008, FY 2009 and FY 2010, for the period November 12, 2007 to June 30, 2010.

Financial Implications: Refuse Fund - $1,382,500

Contact: Claudette Ford, Public Works, 981-6300

17. Permit Service Center Surprise Cash Count: Address Long Standing Security and Accountability Concerns (PDF, 284 KB)

From: Auditor

Recommendation: Request the City Manager to report back on or before May 15, 2008, and every three months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.

Financial Implications: See report

Contact: Ann-Marie Hogan, Auditor, 981-6750

18. Audit: Nature Center Surprise Cash Count - Controls Over Cash Receipts Need Improvement (PDF, 299 KB)

From: Auditor

Recommendation: Request the City Manager to report back during February 2008 regarding the implementation status of each of the City Auditor's recommendations in the attached report, and to report back no later than every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report

Contact: Ann-Marie Hogan, Auditor, 981-6750

19. Supporting the Jubilee Act of 2007 (H.R. 2634) (PDF, 848 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution urging the United States government to pass the Jubilee Act for Responsible Lending and Expanded Debt Cancellation of 2007 (H.R. 2634), and to commence efforts to obtain agreements from the international financial institutions to cancel all debts owed to them by impoverished countries.

Financial Implications: None

Contact: Manuel Hector Jr., Commission Secretary 981-5100

20. Free the San Francisco Eight (PDF, 244 KB)

From: Peace and Justice Commission

Recommendation: Endorse the cry of people demanding justice by stating publicly that in the interest of justice, Jerry Brown, Attorney General of the State of California, should dismiss all of the charges against all of the San Francisco 8, and send a letter to Jerry Brown, Attorney General of the State of California, calling on him, in the interest of justice, to dismiss all of the charges against the San Francisco 8.

Financial Implications: None

Contact: Manuel Hector Jr., Commission Secretary 981-5100

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department	Libraries:
2180 Milvia Street	Main - 2090 Kittredge Street
Tel: 510-981-6900	Claremont Branch – 2940 Benvenue
TDD: 510-981-6903	West Branch – 1125 University
Fax: 510-981-6901	North Branch – 1170 The Alameda
Email: clerk@ci.berkeley.ca.us	South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 1, 2007

Pamyla Means, MMC, City Clerk