Council Meeting Annotated Agenda - 11/27/07

Preliminary Matters

Roll Call: 7:00 p.m. All present.

Ceremonial Matters:

1. Proclamation Celebrating Community Partnership to revitalize the West Branch Berkeley Library

Public Comment – Non-Agenda Items – 2

Public Comment – Consent Calendar Items Only – 1

M/S/C (Maio/Moore) to reorder the agenda to take Item No. 29 (Ed Roberts Campus) after Consent Calendar and Item No. 28 (Public Commons for Everyone Initiative) after Item No. 29.

Consent Calendar

Action: M/S/C (Maio/Anderson) to adopt Consent Calendar in one motion except: Item No. 19 - withdrawn; Item No. 27 (Emergency Actions San Francisco Oil Spill) moved to Consent; Item No. 32 (Dredging in Aquatic Park) moved to Action; Item No. 33 (Underground Policy for Rule 20A Monies) moved to Action; Item No. 20 (Support for Increased Access and Protections for Workers and Consumers) moved to Action; Item No. 11 (East Stockton Transfer Recycle Contract) continued to 12/18/07; and Item No. 16 (General Assistance Budget Reductions) continued to 12/11/07.

1. Adoption of Revisions to Berkeley Municipal Code 13.46 (Indoor Entertainment Events) (PDF, 199 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,004–N.S amending Berkeley Municipal Code Chapter 13.46 Indoor Entertainment Events.

First Reading Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – None.

Financial Implications: None

Contact: Debra Pryor, Fire, 981-3473

Action: Adopted second reading of Ordinance No. 7,004–N.S. Effective date December 27, 2007.

2. Downtown Berkeley Business Improvement District (PDF, 835 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 2008 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2008; and directing the City Clerk to schedule a public hearing for December 18, 2007, to consider levying a renewed assessment for the year 2008.

Financial Implications: Downtown BID Fund - $250,000

Contact: Michael Caplan, Economic Development, 981-7530

Action: Adopted Resolution No. 63,889–N.S.

3. Minutes for Approval (PDF, 283 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of October 23, 2007 (closed and regular).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action: Approved minutes as submitted.

4. Revised December 2007 City Council Meeting Schedule (PDF, 237 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 63,559-N.S. to revise the City Council regular meeting schedule for December 2007.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action: Adopted Resolution No. 63,890–N.S.

5. Formal Bid Solicitations and Request for Proposals (PDF, 254 KB)

From: City Manager

Recommendation: Approve the new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action: Approved recommendation.

6. Safety Members' Pension Fund Annual Reports for FY 2007 (PDF, 402 KB)

From: City Manager

Recommendation: Accept the Safety Members Pension Fund (SMPF) annual reports for fiscal year ended June 30, 2007.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

Action: Approved recommendation.

7. Contract 7282 Amendment: Housing Retention Program Fiscal Agent (To be delivered) (PDF, 186 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the contract amount (Contract No. 7282) for Berkeley Food and Housing Project (BFHP) by $166,123 to provide fiscal agent services to the City’s Housing Retention Program, formerly the Homeless Prevention Grants Program.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action: Adopted Resolution No. 63,891–N.S.

8. Lease Agreement: Property at 711 Harrison Street (To be delivered) (PDF, 186 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Building Opportunities for Self-Sufficiency to lease a City-owned parcel of property to be created at 711 Harrison Street for the continued operation of emergency shelter and transitional housing at the site, and to allow BOSS to apply for State of California financing to rehabilitate the existing facility.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action: Adopted first reading of Ordinance No. 7,006–N.S. Second reading scheduled for December 11, 2007.

9. Recognition of Service Employees International Union Local 1021 (PDF, 186 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) to recognize SEIU Local 1021 as the sole and exclusive representative for employees assigned to Representation Units currently represented by SEIU Local 790, Local 535, and the Part-Time Recreation Leaders Association/SEIU Local 535.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,892–N.S.

10. Agreement: Build It Green (PDF, 270 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement with Build It Green for the period September 15,2007 through September 14, 2009 in the amount of $50,040 for development of a solar energy program.

Financial Implications: See report

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

Action: Adopted Resolution No. 63,893–N.S.

11. Contract: East Stockton Transfer Recycle for Construction & Demolition Waste Processing (Held over from November 6, 2007) (PDF, 263 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

Action: Continued to December 18, 2007.

12. Contract: Kappe + Du Architects for On-Call Architectural Services (PDF, 249 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kappe + Du Architects in an amount not to exceed $100,000 to provide on-call architectural services for various City facility projects for a period of 42 months from December 1, 2007 through June 30, 2011.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,894–N.S.

13.Easement Agreement: 1310 University Avenue - Berkeley Montessori School Providing Public Access (PDF, 1.4 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to accept the Easement Agreement granting public access on a 10-foot wide path through the property at 1310 University Avenue between the owner of the property, Berkeley Montessori School, and the City of Berkeley for a continuation of a pedestrian and bicycle path along West Street and south of University Avenue to Strawberry Park at Addison Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted first reading of Ordinance No. 7,007–N.S. Second reading scheduled for December 11, 2007.

14. Designation of New FEMA Pre-Disaster Mitigation Grant Authorized Agents (PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution designating the Public Works Director, Deputy City Manager, and Budget Manager as authorized agents for the FEMA Pre-Disaster Mitigation Grant for the Ratcliff Building Seismic Retrofit project.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,895–N.S.

15. Contract: Noll & Tam Architects for On-Call Architectural Services (PDF, 249 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Noll & Tam Architects in an amount not to exceed $100,000 to provide on-call architectural services for various City facility projects for a period of 42 months from December 1, 2007 through June 30, 2011.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,896–N.S.

16. Proposed General Assistance Budget Reductions in FY08 (PDF, 186 KB)

From: Homeless Commission

Recommendation: Adopt a Resolution opposing the County of Alameda's Social Service Agency's plan to limit General Assistance to six months of the year in this fiscal year for people the Agency determines are "employable".

Financial Implications: None

Contact: Jennifer Vasquez, Commission Secretary, 981-5400

Action: Continued to December 11, 2007.

Council Consent Items

17. Priority Permit Process for Green Buildings Initiative (PDF, 238 KB)

From: Councilmember Olds

Recommendation: Request that the City Council refer to the Planning Commission the concept of giving priority in the permit process to buildings that will use environmentally sound practices and return to the City Council with recommendations for standards of eligibility and a process that can be adopted by the Planning Department.

Financial Implications: Unknown

Contact: Betty Olds, Councilmember, District 6, 981-7160

Action: Approved recommendation.

18. Urging The State Department Of Pesticide Regulation To Refuse Approval Of Methyl Iodine For Use In California (PDF, 186 KB)

From: Councilmember Worthington

Recommendation: Send a letter to the state Department of Pesticide Regulation urging them to refuse approval of methyl iodine use in California.

Financial Implications: None

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

Action: Approved recommendation.

19. Opposing the Lockout of Workers at Metro Lighting (PDF, 186 KB)

From: Councilmember Worthington

Recommendation: Express opposition to the lockout of workers at Metro Lighting in Berkeley.

Financial Implications: None

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

Action: Withdrawn.

20. Support Of Increased Internet Access And Protections For Workers And Consumers (PDF, 186 KB)

From: Councilmember Worthington

Recommendation: Adopt Resolutions establishing City policy that all employees who enter homes for utility work must be employees of a utility franchise holder; establishing a city policy establishing standards for users of the public right of way and requiring that they must be employees of a franchise holder; and endorsing the Speed Matters initiative.

Resolution A: Establishing a City of Berkeley policy to require that all employees who enter homes for utility work should be employees of a utility franchise holder.

Resolution B: Establishing standards for users of the public right of way and requiring that all users should be employees of a franchise holder

Resolution C: Endorsing speed matters initiative.

Financial Implications: None

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

Removed from Consent Calendar for discussion.

Public Comments – 1

M/S/C (Worthington/Maio) to continue the meeting to 11:59 p.m. Vote: Ayes – Maio, Anderson, Capitelli, Worthington and Bates; Noes – Moore; Abstain – Spring, Wozniak; Absent – Olds.

Action: M/S (Worthington/Wozniak) to adopt resolutions and direct staff to report in the spring regarding the status of options for citywide wireless. M (Spring) to sever the staff report on citywide wireless. Motion failed. Vote: Ayes – Moore, Capitelli, Wozniak, Bates; Noes – Maio, Anderson, Spring; Abstain – Worthington; Absent – Olds. Main motion adopted Resolution No. 63,897–N.S. (employees of a utility franchise holder) (with correction as noted); Resolution No. 63,898–N.S. (public right of way); and Resolution No. 63,899–N.S. (speed matters initiative). Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Bates; Abstain – Wozniak; Absent – Olds.

21. Opposing Land Lease Near The Teshekpuk Lake In The National Petroleum Reserve In Alaska (PDF, 186 KB)

From: Councilmember Worthington

Recommendation: Send a letter to the U.S. Department of the Interior opposing the leasing of any land north and east of the Teshekpuk Lake in the National Petroleum Reserve in Alaska.

Financial Implications: None

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

Action: Approved recommendation. Abstain – Capitelli.

Capitelli absent – 11:08 p.m.

Action Calendar – Public Hearings

22. Ambulance User Fee Increase (PDF, 273 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution increasing the Ambulance User Fee to match the Alameda County's ambulance user fee schedule set and approved by the Alameda County Board of Supervisors effective October 1, 2007, included as an updated addendum to the Ambulance Provider Agreement.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

Public Testimony: The Mayor opened the public hearing, there were no speakers. M/S/C (Maio/Wozniak) to close the public hearing.

Action: M/S/C (Maio/Wozniak) to adopt Resolution No. 63,900–N.S. Absent – Capitelli.

23. Adoption of the 2007 California Fire Code with Local Amendments (PDF, 294 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion,

1) Adopt second reading of Ordinance No. 7,003–N.S. repealing and re-enacting the Berkeley Fire Code Chapter 19.48 and related procedural and stricter provisions.

2) Adopt a Resolution reenacting BMC Chapter 19.48 and related procedural and stricter provisions to take effect on January 1, 2008.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

Public Testimony: The Mayor opened the public hearing, there were no speakers. M/S/C (Maio/Anderson) to close the public hearing.

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

1) Ordinance No. 7,003–N.S. Effective date December 27, 2007;

2) Resolution No. 63,901–N.S.

Absent – Capitelli.

24. Adoption of Berkeley Building Codes (PDF, 548 KB)

From: City Manager

Recommendation: Conduct a public hearing, and, upon conclusion,

1) Adopt second reading of Ordinance No. 7,005–N.S. 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) Adopt a Resolution (Attachment 2) setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Building Code and rescinding Resolution No. 60,862-N.S. to take effect on January 1, 2008.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing, there were no speakers. M/S/C (Moore/Maio) to close the public hearing

Action: M/S/C (Wozniak/Maio) to adopt (with amendments as noted):

1) Ordinance No. 7,005–N.S. Effective date December 27, 2007;

2) Resolution No. 63,902–N.S.

Absent – Capitelli.

Capitelli present 11:12 p.m.

25. ZAB Appeal: 1365 Summit Road (PDF, 3.4 MB)

a. From: City Manager

Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution to modify the Zoning Adjustments Board’s approval of Use Permit No. 06-10000105 for the demolition of the existing home at 1365 Summit Road and to permit its replacement with a new single family residence, incorporating changes agreed to by both the applicant and the appellant.

Financial Implications: None

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

b. Appeal

1. Robin Gal

c. Communications

None

Public Testimony: The Mayor opened the public hearing, there were no speakers. M/S/C (Olds/Wozniak) to close the public hearing.

Action: M/S/C (Olds/Moore) to adopt Resolution No. 63,903–N.S. with amended conditions and drawings as agreed to by staff and the applicant/appellant.

26. Tract Map Appeal: 1423 Walnut Street (PDF, 1.4 MB)

Attachment 4 (34 MB)

From: City Manager

Recommendation: Conduct a public hearing and adopt a Resolution affirming the Notice of Decision (NOD) for converting five (5) units at 1423 Walnut to condominiums. The 50-day action period expired on July 6, 2007 without action by the Planning Commission as required by State law and the applicant declined the Planning Department's request for an extension of the time period. Therefore, this five-unit residential condominium conversion project was approved, with conditions, by operation of law on July 6, 2007.

Financial Implications: See report

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

b. Appeal

1. 1423 Walnut, LLC

c. Communications

None

M/S/C (Anderson/Maio) extend meeting to 11:45 p.m. Vote: Ayes – Maio, Anderson, Capitelli, Worthington, Bates; Noes – Olds; Abstain – Moore, Spring, Wozniak.

Olds absent at 11:27 p.m.

Public Testimony: The Mayor opened the public hearing. 4 speakers. M/S/C (Anderson/Wozniak) to close the public hearing.

Action: M/S/C (Anderson/Wozniak) to adopt Resolution No. 63,904–N.S. approving the alternate plan submitted, directing staff to work with tenants regarding tenant rights. Vote: Ayes – Anderson, Capitelli, Worthington, Wozniak, Bates; Abstain – Moore, Spring; Absent – Olds; Pass – Maio.

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