Regular Meeting Annotated Agenda
December 18
, 2007

Printer-friendly PDF* annotated agenda: (47 KB)

 

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: 

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annotated AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, December 18, 2007

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

Preliminary Matters

Roll Call:  7:10 p.m.  Absent – Anderson.

Ceremonial Matters:

1.      Recognition of Chuck Mack – Teamsters Union Local 70

2.      Recognition Linda Schacht Gage – Berkeley Library Foundation.

Public Comment on Non-Agenda Matters – 3

Presentation: Oil Independent Berkeley – received.

Public Comment on Consent Calendar and Information Items Only – 1


Consent Calendar

Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:  Moved Items No 31 (Cable ordinance) and No. 32 (Teleconferencing) to the Consent Calendar; removed Item No. 22 (Berkeley High School) for discussion; and removed item No. 3 (Oil Spill) from the agenda.  Absent – Anderson and Worthington.

1.     Lease Amendment, 2118 Milvia Street (PDF, 256 KB) 

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,011–N.S. authorizing the City Manager to execute a lease amendment with N.E.W. Milvia Property, LLC, the successor in interest to NORA E. WAGNER, TRUSTEE UTD for real property located at 2118 Milvia Street for the purpose of leasing 3,774 square feet of additional office space for the Planning and Development Department for the approximate period Jan. 18, 2008 and continuing through August 31, 2011.  Upon execution of the lease, the Planning and Development Department will occupy the whole building at 2118 Milvia Street.

Financial Implications: See report.

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

Action:  Adopted second reading of Ordinance No. 7,011–N.S. (Absent – Anderson, Worthington)

2.    Modification of Berkeley Municipal Code Section 13.77.055 - Ellis Implementation Ordinance (PDF, 221 KB) 

From: Councilmembers Capitelli and Maio

Recommendation: Adopt second reading of an Ordinance 7,012–N.S. amending section 13.77.055 of the Berkeley Municipal Code (BMC) (Ellis Implementation Ordinance) to adjust the base amount of relocation payments to displaced tenants from $4,500 per unit to $8,700 per unit and that there be an additional rent differential of $5,000 per unit for tenancies that began prior to January 1, 1999.  The amount of $2,500 for senior, disabled and low-income tenants would remain unchanged but households with minor children in residence would be added to the list of tenants eligible to receive this additional relocation assistance.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action:  Adopted second reading of Ordinance No. 7,012–N.S. (Absent – Anderson, Worthington)

3.     Ratify – Continue Disaster Proclamation - San Francisco Bay Oil Spill (PDF, 191 KB) 

From:  City Manager

Recommendation: Confirmation of the continuance of a declaration of disaster through Resolution No. 63,887–N.S. Reviewing and Ratifying the Proclamation of Emergency by the Director of Emergency Services and Resolution No. 63,888–N.S. Reviewing and Confirming Emergency Rules and Regulations Issued by the Director of Emergency Services adopted November 19, 2007 relative to Bay Oil Spill

Financial Implications: None

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Removed from agenda.

4.      Removal of the Berkeley Aquatic Park Noise Barrier Project - 2008 State Transportation Improvement Program (STIP) (PDF, 256 KB) 

From:  City Manager

Recommendation: Adopt a Resolution requesting California Department of Transportation (Caltrans) to delete the Berkeley Aquatic Park Noise Barrier project from the 2008 State Transportation Improvement Program (STIP) and release $1.5 million that can be allocated to the Ed Roberts Campus as part of matching grant funding.

Financial Implications: Allows $1.5 million to be released by Caltrans and reprogrammed by the Alameda County Congestion Management Agency (ACCMA) for matching funds for construction of Ed Roberts Campus.

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,927–N.S. ((Absent – Anderson, Worthington)

5.       Downtown Berkeley Business Improvement District Annual Assessment (PDF, 241 KB) 

From: City Manager

Recommendation: Reschedule the public hearing for the 2008 Downtown Berkeley Business Improvement District (BID) Annual Assessment from December 18, 2007 to the regular City Council meeting of January 15, 2008. 

Financial Implications: None

Contact: Michael Caplan, Economic Development, 981-7530

Action:  Approved recommendation.

6.     2008 Agenda Committee Meeting Schedule (PDF, 237 KB) 

From: City Manager

Recommendation: Adopt a Resolution establishing the Agenda Committee regular meeting schedule for 2008.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Adopted Resolution No. 63,928–N.S. (Absent – Anderson, Worthington)

7.      Minutes for Approval (PDF, 343 KB) 

From: City Manager

Recommendation: Approve the minutes for the Council meetings of October 25, 2007 (adjourned), November 6, 2007 (adjourned, special and regular), November 19, 2007 (special) and November 27, 2007 (special and regular).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Approved minutes (with correction to November 27, 2007 minutes).

8.      Contract: Implement the Management District Plan for North Shattuck Business Improvement District (PDF, 247 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approved Work Plan for the North Shattuck Business Improvement District (BID) in an amount not to exceed $170,238 for FY 2007.

Financial Implications: North Shattuck Business Improvement District - $170,238

Contact: Michael Caplan, Economic Development, 981-7530

Action:  Adopted Resolution No. 63,929–N.S. (Absent – Anderson, Worthington)

9.    Adoption of the Local Conditions and Findings for 2007 California Fire Code (PDF, 225 KB) 

From: City Manager

Recommendation: Adopt a Resolution (Attachment 1) setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Fire Code for submission to the California Building Standards Commission and rescinding Resolution number 61,782–N.S.

Financial Implications: None

Contact: Debra Pryor, Fire, 981-5500

Action:  Adopted Resolution No. 63,930–N.S. (Absent – Anderson, Worthington)

10.  Berkeley Mental Health Housing Fund Policy (PDF, 293 KB) 

From: City Manager

Recommendation: Adopt a Resolution approving the Berkeley Mental Health Housing Fund Policy on the use of Mental Health Services Act funds for affordable housing development.   This Policy will guide the use of up to $500,000 currently available in MHSA funds that will be included in a Request for Proposals to be released in December 2007.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action:  Adopted Resolution No. 63,931–N.S. (Absent – Anderson, Worthington)

11. Side Letter of Agreement with SEIU Local 1021 (PDF, 254 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 1021 (formerly 535) to implement After-Hours Telephone Response, a component of the Full Service Partnership, as required by the Mental Health Services Act.

Financial Implications: State Mental Health Realignment, $45,000

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,932–N.S. (Absent – Anderson, Worthington)

12. Contract: HealthComp Inc - Dependent Care Assistance Plan Third Party Administrator (PDF, 248 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with HealthComp Inc. in an amount not exceed $6,000 to provide administrative services for the City of Berkeley's Dependent Care Assistance Plan for January 1, 2008, through December 31, 2009.

Financial Implications: Payroll Deduction Trust Fund - $6,000

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,933–N.S. (Absent – Anderson, Worthington)

13.  Contract: The Lipman Company  - Third-Party Administrator For Retiree Health Programs (PDF, 244 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Lipman Company, Inc. (TLC) for administration of the Retiree Health Premium Assistance Plan for Non-Sworn retirees and other retiree medical programs for sworn Fire and Police for the period covering January 1, 2008, through December 31, 2009, for a total cost not to exceed $125,000 for the contract period.

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,934–N.S. (Absent – Anderson, Worthington)

14.  Health Plan Rate Increases (PDF, 260 KB) 

From: City Manager

Recommendation: Adopt two Resolutions:

1)     Approving a 4% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, an 11.0% rate increase for Pre-Medicare Eligible Retirees, and a rate reduction of 4.18% for Senior Advantage (Medicare Supplement) Retirees; and

2)     Approving a 24.05% rate increase for the Health Net HMO health plan for Active Employees, a 24.05% rate increase for Pre-Medicare Eligible Retirees, a 13.3% rate increase for Seniority Plus (Medicare Supplement) Retirees, a 0% change for the Health Net Point of Service  (POS) for Active Employees and Pre-Medicare Eligible Retirees, and a 10.2% increase for Health Net POS Post-65 Retirees effective January 1, 2008 through December 31, 2008.

Financial Implications: Payroll Deduction Trust Fund - $1,632,000

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,935–N.S. (Absent – Anderson, Worthington) approving Kaiser Foundation Health Maintenance Organization rate increases, and Resolution No. 63,936–N.S. (Absent – Anderson, Worthington) approving rate increases for the Health Net HMO.

15.  Contract: Software AG - Enterprise Service Bus Software (Middleware) (PDF, 259 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement with Software AG for the purchase of enterprise service bus software and related services for a total contract amount not to exceed $125,000, for the period December 18, 2007 to December 31, 2009.

Financial Implications: General Fund - $125,000

Contact: Donna LaSala, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,937–N.S. (Absent – Anderson, Worthington)

16. Contract No. 7362 Amendment: Gilman Project Management Services (PDF, 245 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7362 with Project Management Services, LLC for project management services for $71,060 for a total contract amount not to exceed $95,000.

Financial Implications: General Fund - $95,000

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

Action:  Adopted Resolution No. 63,938–N.S. (Absent – Anderson, Worthington)

17.  Contract No. 6424 Amendment: EIR Services for the Draft Southside Plan (PDF, 249 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6424 with LSA Associates, Inc. to add $50,620 to complete the Southside Plan Environmental Impact Report (EIR) for a total amount not to exceed $379,948.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,939–N.S. (Absent – Anderson, Worthington)

18.   Contract No. 6347D: Township Building Services for Janitorial Services - Senior Centers (PDF, 246 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6347D with Township Building Services, Inc., for janitorial services at the North, South, and West Berkeley Senior Centers, and increase the contract amount by $52,000 for a total not to exceed amount of $335,200 for the term July 1, 2007 to June 30, 2008.

Financial Implications: Building Maintenance Fund - $52,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,940–N.S. (Absent – Anderson, Worthington)

19.   Contract: Pacific Trenchless Inc. for Sanitary Sewer Project at Fourth St, Allston Way et al (PDF, 341 KB) 

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Fourth Street, Allston Way, Bancroft Way, Channing Way, Webster Street, Claremont Avenue, and San Mateo Road backline; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Pacific Trenchless, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $740,465 for a term of 220 calendar days from the date of the execution  of the contract.

Financial Implications: Sewer Fund 830 - $740,465

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,941–N.S. (Absent – Anderson, Worthington)

20.  Contract: Precision Engineering Inc for Sanitary Sewer Project at Bancroft, Sacramento et al (PDF, 372 KB) 

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Bancroft Way, Sacramento Street, Acton Street, Dohr Street, Stanton Street, Russell Street and Oregon Street; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Precision Engineering, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $637,873 for a term of 220 calendar days from the date of the execution of the contract.

Financial Implications: Sewer Fund 830 - $637,873

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,942–N.S. (Absent – Anderson, Worthington)

21. Contract:  MCK Services, Inc. for Street Rehabilitation FY 2008 Phase I (PDF, 522 KB) 

      Revised Attachment (PDF, 95KB)

From: City Manager

Recommendation: Adopt a Resolution:

1)     Approving plans and specifications for the Street Rehabilitation FY 2008 Phase 1 Project, 08-10265-C;

2)     Accepting the bid of MCK Services, Inc.;

3)   Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $963,765.

Financial Implications: Capital Improvement Fund - $963,765

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,943–N.S. (Absent – Anderson, Worthington)

22.  Nomination of the Berkeley High School Campus Historic District to the National Register of Historic (PDF, 4 MB) 

From: Landmarks Preservation Commission

Recommendation: Direct City staff to draft a letter for the Mayor's signature regarding the Landmarks Preservation Commission (LPC) recommendation to list the Berkeley High School Campus Historic District to the National Register of Historic Places.  The letter and an accompanying report will be transmitted to the State Historic Preservation Officer by the City Clerk's Office.

Financial Implications: None

Contact: Terry Blount, Commission Secretary, 981-7400

Action:  Removed from Consent Calendar.  M/S/C (Spring/Moore) direct letter be sent.  Substitute Motion (Wozniak/Capitelli) to refer to Agenda Committee to reschedule for January 2008.  Vote:  Ayes – Capitelli, Wozniak; Noes – Maio, Spring, Olds, Worthington, Bates; Abstain – Moore; Absent – Anderson.  Vote on Main Motion:  Ayes – Maio, Moore, Spring, Olds, Worthington, Bates; Noes – none; Abstain – Capitelli, Wozniak; Absent – Anderson.


Council Consent Items

23.  Energy Efficient Parking Enforcement Vehicles (PDF, 252 KB) 

From: Mayor Bates and Councilmember Wozniak

Recommendation: Direct the City Manager to investigate the feasibility of replacing Interceptor parking enforcement vehicles with electric low-speed vehicles (LSVs) or energy efficient high mileage vehicles. If replacement is deemed feasible, it is recommended that test vehicles be purchased as prototypes before a phased replacement of the existing fleet begins. The City Manager should report back to the Council with his recommendations by the end of March 2008.  If such a replacement is feasible this would result in a substantial reduction in CO2 emissions from the enforcement fleet and a substantial savings of taxpayer dollars.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

24.  Mayor's Office Funding for Berkeley Carbon Offset Study (PDF, 470 KB) 

From: Mayor Bates

Recommendation: Authorize the payment of $500 from the Mayor's discretionary budget to Kyoto USA/ Sequoia Foundation to help fund the hiring of a consultant to conduct a feasibility study on a local Berkeley carbon offset program.

Financial Implications: $500

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

25.    Budget Referral: 3rd Annual Berkeley International Food Festival for 2008 (PDF, 219 KB) 

From: Councilmember Moore and Maio

Recommendation: Refer a request for $7,500 to be allocated for producing the 3rd Annual Berkeley International Food Festival for 2008.

Financial Implications: General Fund - $7,500

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action:  Approved recommendation.

26.  Support of  "Oil Independent Berkeley" – Peak Oil Crisis (PDF, 2.5 MB)

From: Councilmembers Spring and Worthington

Recommendation: Adopt a Resolution in appreciation of “Oil Independent Berkeley", a concerned citizen group, which is making efforts to organize Berkeley and network with other nearby regional groups to prepare for the "Peak Oil" crisis.

Financial Implications: None

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action:  Adopted Resolution No. 63,944–N.S. (Absent – Anderson, Worthington)

27.  Budget Referral:  Violence Prevention and Response Plan (PDF, 212 KB)

From: Councilmember Worthington

Recommendation: Refer the Violence Prevention and Response Plan to the mid-year budget process.

Financial Implications: See report

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action:  Approved recommendation.

28.  Expanding City Manager's Authority Over Service Contracts (PDF, 235 KB)

From: Councilmember Wozniak

Recommendation: Direct the City Manager to investigate increasing the current expenditure authority of $25,000 for service contracts to $50,000 or an appropriate amount that takes into account inflation and the general increase in the cost of services. The City Manager should to report back to Council with a recommendation in March 2008.

Financial Implications: See report

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action:  Approved recommendation.  Noes – Spring.


Action Calendar – Items Removed from the Consent Calendar


Action Calendar – Old Business

29.   Revision of the Condominium Conversion Ordinance (BMC Chapter 21.28) (Continued from December 11, 2007) (PDF, 13 KB) 

From: City Manager

Recommendation: Provide guidance to staff regarding streamlining of the Condominium Conversion Ordinance (BMC Chapter 21.28)

Financial Implications: Unknown

Contact: Renelda Mary, Housing, 981-5400 and Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Maio/Capitelli) to direct staff to prepare an ordinance consistent with recommendations regarding streamlining of the Condominium Conversion Ordinance (BMC Chapter 21.28); including direction to staff to submit a report outlining work that has been done without permits, information regarding the status of applications in process, direction that a visible only health and safety inspection will be performed as part of the permit process, a report on average per unit costs/fees and the value of those costs; and extension of the 1992 implementation deadline to June 30, 2008. (Sever direction to staff to gather information regarding fees.  Direction approved. Vote:  Ayes – Maio, Moore, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – Spring; Absent – Anderson).  Vote on Main Motion:  Ayes – Maio, Moore, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – None; Absent – Anderson.

30.  Zoning Ordinance, General Plan, and West Berkeley Plan Amendments and Revised Mitigated Negative Declaration to Allow Automobile Sales in the Manufacturing District (Continued from December 11, 2007)

a. From: City Manager Revised Report (PDF, 728 KB) 

Recommendation:

1)   Adopt a Resolution amending the General Plan and West Berkeley Plan as recommended by the Planning Commission;

2)   Adopt first reading of an Ordinance amending Chapters 23E.72 (Manufacturing District) and 23F.10 (Definitions); and

3)     Adopt a Resolution adopting the Mitigated Negative Declaration. The amendments allow automobile sales in the Manufacturing District of the City.

Financial Implications: See report

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

b. From: Councilmembers Moore, Maio and Spring (PDF 208 KB)

Recommendation: Exempt the solid waste and recycling facilities at Second and Gilman Streets from the West Berkeley Auto Sales Zoning Overlay and these sites are to be maintained for municipal services.

Financial Implications: To be determined

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Public Comments on 30b – 3

Action: M/S/C (Moore/Maio) to:

1.      Adopt Resolution No 63,945–N.S. (Absent – Anderson) amending the General Plan and West Berkeley Plan as recommended by the Planning Commission.  Approve Councilmembers Moore, Maio and Spring’s recommendation to exempt the solid waste and recycling facilities at Second and Gilman Streets from the West Berkeley Auto Sales Zoning Overlay.

2.      Adopt first reading of Ordinance No. 7,013–N.S. (Amending Chapters 23E.72 and 23F.10) (Absent – Anderson).  Second reading scheduled for January 15, 2008

3.      Adopt Resolution No. 63,946–N.S. (Absent – Anderson) adopting the Mitigated Negative Declaration.


Action Calendar – New Business

31.  Adoption of Ordinance for Cable Public Access (PEG) Support (PDF, 209 KB) 

From:  City Manager

Recommendation: Adopt first reading of an Ordinance adding a new chapter to the Berkeley Municipal Code (“BMC”), Chapter 9.58 entitled “Video Franchise Fees, Customer Service and Other Video Related Matters” to enable the City to receive an additional fee equal to one percent (1%) of the gross revenue of a video franchisee to support PEG and to establish customer service standards.

Financial Implications: None

Contact: Zach Cowan, Acting City Attorney, 981-6950

Action:  Moved to Consent Calendar and adopted first reading of Ordinance No. 7,014–N.S.  (Absent – Anderson, Worthington).  Second reading scheduled for January 15, 2008.

32.  Use of Teleconferencing for Participation in Commission Meetings (PDF, 249 KB) 

From: City Manager

Recommendation: Allow the use of teleconferencing by commission members to participate in commission meetings due to extreme, unforeseen health or disability limitations only.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Action: Moved to Consent Calendar and approved the City Manager’s recommendation to allow the use of teleconferencing by commission members to participate in commission meetings due to extreme, unforeseen health or disability limitations only.  (Absent – Anderson, Worthington; Noes – Bates).

33.   Election Date for Landmarks Preservation Ordinance Referendum (PDF, 241 KB) 

From: City Manager

Recommendation: Select election date to submit the Landmarks Preservation Ordinance Referendum to the voters, and direct the City Attorney to prepare ballot title, text and impartial analysis

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Action: M/S/C (Worthington/Maio) select November 4, 2008 election date to submit the Landmarks Preservation Ordinance Referendum, and direct the City Attorney to prepare ballot title, text and impartial analysis.

34.   Contracts: Disposal Services (To be delivered) (PDF, 1.4 MB)

a.   Contract:  East Stockton Transfer Recycle for Construction & Demolition Waste Processing (Held over from November 27, 2007 (Revised Item - To be delivered)

From: City Manager

Recommendation: continued from 11/27/07

Contact: Claudette Ford, Public Works, 981-6300

Public Comments (34 a) – 5

Action: 34a.  M/S (Wozniak/Capitelli) to authorize the City Manager to enter into a contract with East Stockton Transfer Recycle for construction and demolition waste processing. No action taken on Main Motion – see Substitute Motion.  M/S (Worthington/Spring) to table until issues and compromises have been addressed and agreed to.  Failed.  Vote:  Ayes – Spring, Worthington, Bates; Noes – Maio, Capitelli, Olds, Wozniak; Abstain – Moore; Absent – Anderson. 

Substitute Motion: M/S/C (Maio/Moore) to direct staff to re-advertise for requests for proposals for the transfer recycle for construction and demolition waste processing.  Vote:  Ayes – Maio, Moore, Spring, Worthington, Bates; Noes – Capitelli, Olds, Wozniak; Absent – Anderson.

b.   Contract: Allied Waste, Inc. for Landfill Disposal Services (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Allied Waste, Inc. for landfill disposal services for six months in an amount not to exceed $519,350 for the period January 1, 2008 to June 30, 2008, for an additional five years at $1,035,700 per year from FY 2009 through FY 2013, for a total contract amount not to exceed $5,712,850 for the period January 1, 2008 to June 30, 2013.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

c.   Contract: Waste Management, Inc. for Landfill Disposal Services (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Waste Management, Inc. for landfill disposal services in an amount not to exceed $208,000 for the period January 1, 2008 to June 30, 2008, and for an additional five years at $416,000 per year from FY 2009 through FY 2013, for a total contract amount not to exceed $2,288,000 for the period January 1, 2008 to June 30, 2013.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Public Comments (34 b & c) – 1

Recess – 9:18 – 9:26 p.m.

Action: 34b&c.  M/S/C (Moore/Maio) to adopt Resolution No. 63,947 –N.S. authorizing the City Manager to enter into a contract with Allied Waste, Inc., for landfill disposal services and to adopt Resolution No. 63,948–N.S. authorizing the City Manager to enter into a contract with Waste Management, Inc., for landfill disposal services.  Vote:  Ayes – Maio, Moore, Spring, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – Olds; Absent – Anderson.

35.  Dredging in Aquatic Park  (Held over from November 27, 2007)(PDF, 135 KB) 

      Revised Report (PDF, 3 MB)

From: City Manager

Contact: Claudette Ford, Public Works, 981-5400

Action: M/S/C (Maio/Moore) to accept report submitted outside of deadline pursuant to Council Rules.  Vote:  Ayes – Maio, Moore, Spring, Capitelli, Olds, Worthington; Noes – None; Abstain – Wozniak; Absent – Anderson.  No action taken – accept and file.


Action Calendar – Council Items

36.  Fee Deferral Request: 1800 San Pablo Avenue (PDF, 252 KB) 

From: Councilmembers Maio and Capitelli

Recommendation: Approve a deferral of permit fees and sewer fees for the approved 51-unit condo project at 1800 San Pablo (at Delaware) until completion of construction, on condition that the developer pay 6% interest on the amount of the deferred fees, and that the debt be secured by a deed of trust on a property owned by the developer subject to the Manager’s approval

Financial Implications: See report

Contact: Linda Maio, Councilmember, District 1, 981-7110

Public Comment – 1

Action:  M/S/C (Maio/Capitelli) to approve Councilmembers Maio and Capitelli’s recommendation to approve a deferral of permit fees and sewer fees for the approved 51-unit condo project at 1800 San Pablo (at Delaware) providing that a Certificate of Occupancy will not be issued until permit fees are paid, and on condition that the developer pay 6% interest on the amount of the deferred fees, and that the debt be secured by a deed of trust on a property owned by the developer subject to the Manager’s approval. M (Worthington) to amend Main Motion to include that sewer fees be paid prior to connection.  Amendment accepted.  Vote on motion as amended:  Ayes – Maio, Moore, Spring, Capitelli, Olds, Worthington, Wozniak; Noes – Bates; Absent – Anderson.


Information Reports

37.  Status Update - Right-to-Know Ordinance (PDF, 255 KB) 

From: City Manager

Contact: Michael Caplan, Economic Development, 981-7530

Action:  Received and filed.

38. Status of Seismic Strengthening Work Qualifying For The Transfer Tax Reduction (PDF, 608 KB) 

From: City Manager

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

Action:  Received and filed.

39.   Status Report: Private Sewer Lateral Rehabilitation Program (PDF, 664 KB) 

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action:  Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 1


Adjournment – 10:11 p.m. in memory of Charlie Brown, Michael Wilson and Gus Schultz.


Communications – 12/18/07 (PDF, 9 KB) 

Missing BHS Student Rescued

1.      Sam Herbert

Free Speech at MLK Swim Center

2.      Eric Rhodes

Urban Density/Development in Berkeley

3.      Barbara Gilbert

Becky Temko Tot Park

4.      Hal Reynolds

Metro Lighting Exonerated

5.      Lawrence Grown


Supplemental Communications and Reports 1 (PDF, 9 KB)

Item 22: Nomination of the Berkeley High School Campus Historic District to the National Register of Historic

6.      Marie Bowman

Item 29: Revision of the Condominium Conversion Ordinance (BMC Chapter 21.28)

7.      David Wilson (2)

Item 38: Status of Seismic Strengthening Work Qualifying For The Transfer Tax Reduction

8.      Barbara Gilbert

Supplemental Communications and Reports 2 (PDF, 9 KB)

Item 26: Support of  "Oil Independent Berkeley" – Peak Oil Crisis

9.      Unknown (oversized poster available for viewing at City Clerk Department)

Item 34: Contracts: Disposal Services

·        To Be Delivered reports, submitted by Public Works

10. Dan Knapp and Mary Lou Van Deventer, Urban Ore

11. Unknown

Item 35: Dredging in Aquatic Park

·        Revised report, submitted by Public Works

Item 36: Fee Deferral Request: 1800 San Pablo Avenue

12. Barbara Gilbert

13. Jerry Landis

14. Robin Wright

Dacey v. Berkeley City Council, et al.

15. Patti Dacey