ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 12, 2008

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


Preliminary Matters

Roll Call: 7:03 p.m. All present.

Ceremonial Matters: None.

City Manager Comments: February is Black History Month. A Special celebration will be held on Saturday, February 23, 2008 at the South Berkeley Senior Center.

Public Comment on Non-Agenda Matters: 0

Public Comment – Consent Calendar and Information Items Only: 0

Consent Calendar

Action: M/S/C (Anderson/Moore) to adopt Consent Calendar in one motion except as indicated: Item No. 7 (Retroactive Houseboat Billing), Item No.15 (Condemn Construction of Border Wall), and Item No. 17 (Freedom to Marry Month) continued to February 26, 2008; Item No. 26 moved to Consent.

1. Conservation Easement: Lower Codornices Creek - City of Albany and UC Berkeley
From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,017–N.S. authorizing and directing the City Manager to convey a conservation easement to the City of Albany and the University of California for Lower Codornices Creek.

First Reading Vote: All Ayes

Financial Implications: None

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

Action: Adopted second reading of Ordinance No. 7,017–N.S.

2. Parking Meter and Pay-and-Display Station Fees
From: City Manager

Recommendation: Adopt second reading of an Ordinance No. 7,018–N.S. amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay-and-Display Station Fees, to increase the rate to $1.25 per hour; and amending Section 14.52.110, Use of Money Deposited in Parking Meters and Pay-and-Display Stations, to allow transfer of excess revenue to the General Fund for program costs associated with the Public Commons for Everyone Initiative (PCEI).

First Reading Vote: All Ayes

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted second reading of Ordinance No. 7,018–N.S.

3. Minutes for Approval
From: City Manager

Recommendation: Approve the minutes for the Council meetings of December 17, 2007(special closed), January 7, 2008 (special) and January 15, 2008 (regular),

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action: Approved minutes as submitted.

4. Formal Bid Solicitation and Request for Proposals
From: City Manager

Recommendation: Approve the attached 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.

5. Approval of Additional Funds for Permanent Financing for University Avenue Senior Housing

From: City Manager

Recommendation: Adopt a Resolution to approve the allocation of an additional $200,000 from the City’s Housing Trust Fund to the University Avenue Senior Housing project for permanent financing and authorize the City Manager to amend the existing development loan agreement for the previously approved $1.9 million loan to reflect the new loan amount of $2.1 million.

Financial Implications: General Fund - $200,000

Contact: Rae Mary, Interim Director, Housing

Action: Adopted Resolution No. 63,968–N.S.

6. Side Letter of Agreement with IBEW Local 1245

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the International Brotherhood of Electrical Workers (IBEW) Local 1245 to modify Section 35 (Grievances) of the Memorandum Agreement.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,969–N.S.

7. Retroactive Houseboat Billing
From: City Manager

Recommendation: Adopt a Resolution amending the Marina Fee Resolution for FY 2007 (63,354–N.S.) and FY 2008 (63,777–N.S.) to reduce all fees owed by Houseboat owners in the Berkeley Marina during the construction period for the new H & I docks (March thru September 2007) by forty percent (40%) and to retroactively bill for the balance (sixty percent - 60%) via an 18 month interest free payment plan.

Financial Implications: $35,647 in revenue to Marina Fund

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

Action: Continued to February 26, 2008.

8. Amendment to the Zoning Ordinance (ZA 1-07): Public Safety Exceptions for Structural Alterations
From: City Manager

Recommendation: Adopt first reading of an Ordinance altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter 19.39 - Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter 19.38 - Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review.

Financial Implications: None

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

Action: Adopted first reading of Ordinance No. 7,019–N.S. Second reading scheduled for February 26, 2008.

9. ZAB Appeal: 161 Panoramic Way (Continued from January 29, 2008)
From: City Manager

Recommendation: Continue public hearing to March 11, 2008.

Financial Implications: None

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

Action: Approved recommendation.

10. Increase Expenditure Authorization for Refuse and Recycling Carts

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the authorized amount from $400,000 to $485,000 for the purchase of curbside refuse and recycling carts from Otto Industries and Rehrig Pacific Company in Fiscal Years 2005 through 2008.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,970–N.S.

11. Contract No. 6833 Amendment: Urban Ore for Recycling Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6833 with Urban Ore for salvage of reusable items at the City's transfer station, increasing the amount by $10,000 for a total amount not to exceed $67,500 for the period July 1, 2005 to June 30, 2008.

Financial Implications: $10,000 Refuse Fund

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,971–N.S.

Council Consent Items

12. United Nations Association 8th Annual Traveling Film Festival
From: Mayor Bates

Recommendation: Co-sponsor the United Nations Association 8th Annual Traveling Film Festival scheduled for February 23-25, 2008.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

13. Budget Referral: Our Family Coalition

From: Councilmember Moore

Recommendation: Refer the following to the midyear budget process: A one-time request for $20,000 for Our Family Coalition to leverage other funding sources to implement their Schools Program.

Financial Implications: See report

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

Action: Approved recommendation.

14. Budget Referral: Restore Electricity to Aquatic Park EGRET’s Cabin
From: Councilmember Moore

Recommendation: Refer the following to the FY2008-2009 budget process: A request for $15,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET cabin.

Financial Implications: See report

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

Action: Approved revised recommendation to refer the following to the FY2008-2009 budget process: a request for $15,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET cabin with the condition that the Aquatic Park EGRET has a lease with the City that is mutually agreed upon.

15. Condemn Construction of Border Wall - United States and Mexico Border
From: Councilmember Worthington

Recommendation: Adopt a Resolution condemning the construction of a border wall along the international boundary zone connecting the United States of Mexico and the United States of America.

Financial Implications: None

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

Action: Continued to February 26, 2008.

16. Proclamation: February 2008 as Freedom to Marry Month
From: Councilmembers Worthington and Moore

Recommendation: Adopt a Proclamation declaring February 2008 as Freedom to Marry Month in the City of Berkeley and urge the state to end discrimination against lesbian, gay, bisexual, and transgendered people and their families by removing references to sex and gender as eligibility requirements for a civil marriage license and enacting a law providing for equal access to marriage and all of its legal benefits and obligations by all persons, regardless of sex, gender identity or sexual orientation.

Financial Implications: None

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

Action: Approved recommendation.

17. Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters
From: Councilmember Worthington

Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

Financial Implications: See report

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

Action: Continued to February 26, 2008.

18. Enforcement Of Agricultural Workplace Safety Laws
From: Councilmember Worthington

Recommendation: Send a letter to Governor Arnold Schwarzenegger asking existing agricultural workplace safety laws be strongly enforced.

Financial Implications: None

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

Action: Send a letters to Assemblywoman Loni Hancock, Assemblyman Don Perata and Governor Arnold Schwarzenegger asking existing agricultural workplace safety laws be strongly enforced.

Action Calendar – Appeals

19. ZAB Appeal: 1050 Parker Street
a. From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit No. 07-10000118 to allow the demolition of four adjacent storage buildings and one metal shed (Buildings A, B, C, D, and E) with approximately 25,540 square feet of floor area.

Financial Implications: None

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

Action: M/S/C (Olds/Wozniak) to adopt Resolution No. 63,972–N.S. Vote: Ayes - Moore, Capitelli, Olds, Wozniak, Bates; Noes - Worthington; Abstain - Maio, Anderson Spring.


Action Calendar – New Business

20. Quarterly Report: Crime in Berkeley
From: City Manager

Recommendation: Presentation on crime report and crime reduction strategies.

Financial Implications: None

Contact: Douglas N. Hambleton, Police, 981-5900

Action: Continued to February 26, 2008.

21. FY 2008 Second Quarter Budget Update
From: City Manager

Recommendation: Adopt a resolution to:

1. Set aside anticipated, one-time General Fund revenue of $1,500,000 for specific one-time expenditures:

$1 million for the Animal Shelter reconstruction project, and
$500,000 for the Ed Roberts Campus - City of Berkeley contribution;
2. Defer any new one-time or recurring costs for consideration during the FY 2009 Mid-Biennial Budget Update; and

3. Identify a specific project for Proposition 1B Transportation Bond funding in the amount of $1.7M and amend the FY 2008 budget to include this project.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

Action: Presentation made and discussion held. M/S/C (Moore/Worthington) to continue to February 26, 2008.

22. Proposed Condo Conversion Ordinance, BMC Chapter 21.28
From: City Manager

Recommendation: Adopt first reading of an ordinance repealing and re-enacting Chapter 21.28 of the Berkeley Municipal Code regulating conversion of rental units to condominiums.

Financial Implications: See report

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

Action: Continued to February 26, 2008.

Action Calendar - Council Items

23. Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
From: Councilmember Maio and Mayor Bates

Recommendation: Refer to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors.

Financial Implications: See report

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

Action: M/S/C (Maio/Wozniak) to refer to Agenda Committee a referral to the Zoning Officer initiation of nuisance abatement or other appropriate proceedings with respect to plants 1-3 at Pacific Steel Casting, 1333 Second Street, on the basis of odors, and to pursue an agreement between the City and Pacific Steel Casting.

RECESS 8:25 p.m. – 8:35 p.m.

24. Cell Phone Antenna Equipment Purchase and Moratorium
From: Councilmembers Spring and Anderson, Mayor Bates

Recommendation: Refer to the City Manager:

1) Request for purchase RF Radiation Measurement Equipment and measure radiation levels prior to the installation of the antennas and every six months thereafter. An increase could occur if Verizon/Nextel decide they need more strength or because of malfunctioning equipment;

2) Provide staff training to operate the equipment;

3) Establish a moratorium on the issuance of further antenna permits until modifications of the current ordinance are in place.

Financial Implications: See report

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

Action: M/S/C (Maio/Anderson) to refer to the City Manager:

1) Request for purchase RF Radiation Measurement Equipment and measure radiation levels prior to the installation of the antennas and every six months thereafter. An increase could occur if Verizon/Nextel decide they need more strength or because of malfunctioning equipment;

2) Provide staff training to operate the equipment;

3) Establish a moratorium on the issuance of further antenna permits until modifications of the current ordinance are in place; and

4) Exploration of an agreement with cellular phone companies regarding location of cell towers away from residential areas as much as possible.

Vote: (Ayes: Maio, Moore, Anderson, Spring, Capitelli, Worthington, Bates; Noes-Wozniak; Abstain-Olds)

RECESS: 9:30 p.m. – 9:39 p.m.

25. Reiteration of Berkeley’s Opposition to the Iraq War and Clarification of the City’s Support for the Men and Women who Voluntarily Serve this Country in the Military

From: Councilmembers Olds and Capitelli

Recommendation:

1) That the City Council, through adoption of this item, publicly differentiate between the City’s documented opposition to the unjust and illegal war in Iraq and our respect and support for those serving in the armed forces.

2) Rescind point 2 of Item 12, of the January 29, 2008 Berkeley City Council Agenda, “Marine Recruiting Office in Berkeley,” regarding communications with the Marine Recruiting Station in Berkeley.

Financial Implications: None

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

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

1) Accept Councilmemembers Olds’ and Capitelli’s recommendation to publicly differentiate between the City’s documented opposition to the unjust and illegal war in Iraq and our respect and support for those serving in the armed forces, and

2) Accept the following statement submitted by Mayor Bates, and Councilmembers Anderson, Maio and Moore:

Given the confusion about the Council’s action on January 29, 2008, a strong statement of the Berkeley City Council’s position regarding the Marine Recruiting Station is needed. The City of Berkeley and the citizens of Berkeley are strongly opposed to the war in Iraq. The war has resulted in over 4,000 soldiers killed, tens of thousands wounded in body and spirit, hundreds of soldier suicides, and millions of Iraqi people killed, injured and displaced from their homes. In addition, the hundreds of billions of dollars spent on this deeply immoral war could have been spent to meet the needs of our people and to strengthen our economy. We recognize the recruiter’s right to locate in our city and the right of others to protest or support their presence. We deeply respect and support the men and women in our armed forces. However, we strongly oppose the war and the continued recruitment of our young people into this war.
With the issuance of this statement there is no need to send the letter to the Marine Corps that the City Council approved on January 29, 2008.

Vote: Ayes - Maio, Moore, Anderson, Spring, Capitelli, Worthington, Bates; Noes – Olds, Wozniak.

RECESS: 11:19 p.m. – 11:28 p.m.

M/S/C (Anderson/Capitelli) to extend meeting to12:00 a.m.

M/S/C (Maio/Worthington) to extend meeting to 12:30 a.m.

M/S/C (Maio/Worthington) to extend meeting to 1:00 a.m.

M/S/C (Maio/Capitelli) to extend meeting to 1:15 a.m.

26. Sponsorship of 2008 Bike to Work Day
From: Councilmember Worthington

Recommendation: Approve the allocation of $5,000 to the East Bay Bicycle Coalition to officially sponsor 2008 Bike to Work Day and to help in promoting the event and other bicycling activities.

Financial Implications: Measure B and Pedestrian Funds - $5,000

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

Action: Moved to Consent Calendar and approved Councilmember Worthington’s recommendation to approve the allocation of $5,000 to the East Bay Bicycle Coalition to officially sponsor 2008 Bike to Work Day.

Information Reports

27. LPC NOD: 2600 Durant Ave
From: City Manager

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

Action: Received and filed.

28. Acquisition of 9th Street Drill Track
From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0

Adjournment – 1:06 a.m. in honor of Tim Davis, Bob Nesmeth and Congressmember Tom Lantos

Communications – 02/12/08
Item 19: ZAB Appeal: 1050 Parker Street
1. Rick Auerbach

Item 23: Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
2. Matt Smith
3. Sean Yokomizo, on behalf of Jason Allen

Item 24: Cell Phone Antenna Equipment Purchase and Moratorium
4. Peter Teichner

Item 25: Reiteration of Berkeley’s Opposition to the Iraq War and Clarification of the City’s Support for the Men and Women who Voluntarily Serve this Country in the Military

Voluminous correspondence on file and available for viewing in the City Clerk’s Office
1441 Ashby Avenue – Bio-diesel Oasis
5. Leo Stegman

Medical Marijuana
6. Jay Fleming

Support for Warm Water Pools
7. Pools for Berkeley

Pedestrian/Bicycle Stings
8. Bakari Kafele
9. Jason Meggs

Safety Concerns
10. woolseykitty@***com

Supplemental Communications and Reports 1

Item 15: Condemn Construction of Border Wall - United States and Mexico Border
11. Barbara Gilbert

Item 23: Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
12. Rome Aloise, Teamsters Local 853
13. L A Wood (3)
14. Lee Lewis, Acme Casting, Inc.
15. Andrew Galpern (2)
16. Meryl Siegal
17. Nicolie Bolster
18. Carol Sutton
19. Janice Schroeder, West Berkeley Alliance for Clean Air and Safe Jobs
20. Joe Emmerichs, Pacific Steel Casting Company

Item 25: Reiteration of Berkeley’s Opposition to the Iraq War and Clarification of the City’s Support for the Men and Women who Voluntarily Serve this Country in the Military

Voluminous correspondence on file and available for viewing in the City Clerk’s Office
Supplemental Communications and Reports 2

Item 14: Budget Referral: Restore Electricity to Aquatic Park EGRET’s Cabin

Revised materials, submitted by Councilmember Moore
Item 21: FY 2008 Second Quarter Budget Update

Revised materials and presentation, submitted by Finance
Item 23: Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street
21. Ye Lian Li
22. Joshua Headley
23. Peter Guerrero

Item 25: Reiteration of Berkeley’s Opposition to the Iraq War and Clarification of the City’s Support for the Men and Women who Voluntarily Serve this Country in the Military

Voluminous correspondence on file and available for viewing in the City Clerk’s Office