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Regular
Meeting eSummary |
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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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summary-MINUTES
Berkeley
City Council meeting
TUESDAY, JUNE 12, 2007
Council Chambers – 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636
Channing Way, Berkeley, CA
Preliminary Matters
Roll Call: 7:01 p.m. All
present.
Ceremonial Matters:
Proclamation
recognizing the Number One Ranked DOE Laboratory, Lawrence Berkeley National
Laboratory, as a model for institutional performance.
Recognition
of Professor Vitelmo Victorio Bertero and Thomas Tobin for their efforts in
community safety in the event of a disaster.
Research
project presentation from Berkeley High Community Partnership Academy students
Public Comment on Consent Calendar Items Only – 5
Consent Calendar
Action: M/S/C (Worthington/Anderson) to adopt Consent
Calendar in one motion except as indicated:
Items 32 and 34 were moved from Action Calendar to Consent
Calendar. Item 9 was removed for
discussion. Item 20 were removed from
the agenda (see Joint Meeting with Housing Authority earlier this date).
1.
Formal Bid
Solicitations and Request for Proposals (PDF, 250 KB)
From:
City Manager
Recommendation:
Approve the request for proposals (RFP) that will be, or is planned to
be, issued upon final approval by the requesting department or division.
Financial Implications: Capital Improvement Fund -
$50,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved
recommendation.
2.
Appropriations Limit
for FY 2008 (PDF, 271 KB)
From:
City Manager
Recommendation:
Adopt a Resolution providing notice that:
1. Council will adopt an appropriations limit for FY 2008 at its meeting of June 26, 2007; and
2. The amount of the limit and the background material used in its calculation will be available for public review by June 11, 2007.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted
Resolution No. 63,715–N.S. (PDF, 49 KB)
3.
Fireman's Fund
Heritage-Employee Grant Program (PDF, 245 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for and accept a
grant, and any amendments, from Fireman's Fund Heritage-Employee Grant Program
in the amount of $44,500 to develop a comprehensive water rescue program for
the City of Berkeley.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted
Resolution No. 63,716–N.S. (PDF, 41 KB)
4.
Contracts:
Community-Based Mental Health Services (PDF, 239 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contracts and
any amendments with Fred Finch Youth Center for intensive mental health support
services to youth in an amount not to exceed $151,260 and YEAH, under the
fiscal auspices of the Lutheran Church of the Cross, for transition aged youth
services in an amount not to exceed $102,917 for the period June 1, 2007
through June 30, 2008;
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services,
981-5100
Action: Adopted
Resolution No. 63,717–N.S. (PDF, 68 KB)
5. Contract Amendment:
Berkeley Food and Housing Project (PDF, 240 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract
amendment with the Berkeley Food & Housing Project for operating funding
for the Russell Street Residence supportive housing facility, in an amount not
to exceed $135,000.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services,
981-5100
Action: Adopted
Resolution No. 63,718–N.S. (PDF, 74 KB)
6. Subdivision and Lease:
Ursula Sherman Village (PDF, 439 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to consider an
application to subdivide the City-owned property currently under lease to
Building Opportunities for Self-Sufficiency and prepare lease agreements for
the two new parcels to allow for the financing, development, and continued
operation of emergency and transitional housing on-site.
Financial Implications: See report
Contact: Lisa Caronna, Housing, 981-5400
Action: Adopted
Resolution No. 63,719–N.S. (PDF, 52 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an Amendment to the Disposition and
Development Agreement and Housing Trust Fund Regulatory Agreement that in the
event Project-Based Section 8 assistance to the Oxford Plaza Apartments project
is terminated for reasons unrelated to any default by the Borrower under
Section 8 requirements, the City Council agrees to permit Housing staff and the
City Manager to consider, evaluate, and amend the Regulatory Agreement to
increase the rent limitations applicable to any twenty percent and thirty
percent of Area Median Income Units previously covered by Section 8 assistance,
to levels no greater than the limitations applicable to fifty percent of Area
Median Income, as necessary for the Oxford Plaza Apartments project to maintain
economic feasibility in the reasonable determination by the City.
Financial Implications: See
report
Contact:
Lisa Caronna, Housing, 981-5400
Action: Adopted
Resolution No. 63,720–N.S. (PDF, 71 KB)
8.
Classification: Revenue
Development Officer (PDF, 287 KB)
From:
City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 61,840–N.S., Classification
and Salary Resolution for Public Employees Union Local One, to establish the
Classification of Revenue Development Officer with a salary range of $6,395 -
7,730 per month effective June 24, 2007.
Financial Implications: General Fund - $23,875
Contact: David Hodgkins, Human Resources, 981-6800
Action: Adopted
Resolution No. 63,721–N.S. (PDF, 55 KB)
9. Zoning Amendments:
Telegraph Avenue Permit Streamlining for Economic Assistance (PDF, 16 MB)
From:
City Manager
Financial Implications: See report
Contact: Dan Marks, Planning and Development,
981-7400
Public Comments – 6
M/S (Worthington/Spring) to adopt first reading of an
Ordinance amending Chapter 23E.56 deleting the recommended amendment to Section
23E.56.040 paragraph B pertaining to allowing quotas to be exceeded by use
permit. Vote: Ayes – Anderson, Spring, Worthington. Noes – Maio, Moore, Capitelli, Wozniak, Bates. Absent – Olds.
M/S (Worthington/Spring) to adopt first reading of
Ordinance as submitted.
Councilmember Maio made a substitute motion to adopt
an Ordinance amending Chapter 23E.56 and retaining the limitation for the sale
of alcohol to midnight rather than 2 a.m.
No second.
Action:
(Worthington/Spring motion)
Adopted first reading of Ordinance No. 6,984–N.S. Second reading scheduled for June 19, 2007. Vote: Ayes – Moore, Anderson, Capitelli,
Worthington, Wozniak, Bates. Abstain –
Maio (changed to No) Noes – Maio, Spring. Absent – Olds.
10.
Contract: Phlebotomist
Services
(PDF, 245 KB) (To Be Delivered)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Central Medical Laboratory, Inc. to provide phlebotomist
services for the Police Department, in an amount not to exceed $10,000 annually
for all services and expenses for the term ending June 31, 2010.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
Action: Adopted
Resolution No. 63,722–N.S. (PDF, 46 KB)
11.
Increase Purchase Order
for Alameda County Medical Center (PDF, 249 KB) (To Be Delivered)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase Purchase
Order No. 61813 to Alameda County Medical Center for sexual assault
examinations by $22,000 for a total amount not to exceed $47,000 for FY2008.
Financial Implications: General Fund - $22,000
Contact: Douglas N. Hambleton, Police, 981-5900
Action: Adopted
Resolution No. 63,723–N.S. (PDF, 47 KB)
12.
Contract: Gilman Street Overlay Project (PDF, 540 KB)
From:
City Manager
Recommendation:
Adopt a Resolution:
1. Approving
plans and specifications for the Gilman Street Overlay Project, 07-10211-C;
2. Accepting
the bid of Interstate Grading & Paving, Inc.;
3. Authorizing
the City Manager to execute a contract in an amount not to exceed $824,615.40.
Financial Implications: Various funds - $824,615
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,724–N.S. (PDF, 50 KB)
13. Contract: South Berkeley Street Reconstruction Project
(PDF, 450 KB)
From: City Manager
Recommendation: Adopt a Resolution:
1. Approving
plans and specifications for the South Berkeley Street Reconstruction Project,
07-10198-C;
2. Accepting
the bid of Gallagher & Burk, Inc.;
3. Authorizing
the City Manager to execute a contract, in an amount not to exceed $767,585.
Financial Implications: Various
funds - $767,585
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,725–N.S. (PDF, 53 KB)
14.
Final Tract Map 7581:
2530 Tenth Street (PDF, 208 KB)
From:
City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7581, a seven
unit commercial condominium located at 2530 Tenth Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,726–N.S. (PDF, 34 KB)
15.
Declaration of Intent -
FY 2008 Street Lighting Assessments (PDF, 321 KB)
From:
City Manager
Recommendation:
Adopt a Resolution to:
1. Approve
the Engineer's Report, Street Lighting Assessment District 1982-1, dated April
2007; and
2. Set a
public hearing for June 26, 2007 for FY 2007 of assessments of Street Lighting
Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,727–N.S. (PDF, 84 KB)
16.
FY 2008 Transportation
Development Act Article 3 Fund Allocation (PDF, 271 KB)
From:
City Manager
Recommendation:
Adopt a Resolution:
1. Authorizing the City Manager to submit an allocation request to the
Metropolitan Transportation Commission (MTC) for Transportation Development Act
(TDA) Article 3 funds in the amount of $30,000 in FY 2008 for the Bicycle/Pedestrian
Safety Education program;
2. Declaring that the City of Berkeley is eligible to request an allocation
of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,728–N.S. (PDF, 224 KB)
17.
Audit: Fire Department
Ambulance Billing (PDF, 324 KB)
From: Auditor
Recommendation: Request the City Manager to
report back before September 2008 regarding the implementation status of each
of the City Auditor's recommendations in the attached report, and every six
months thereafter, until all recommendations have been implemented.
Financial Implications: See
report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Approved
recommendation.
18. Amended and Restated
Lease and Settlement Agreement with Boykin (PDF, 6 MB)
From:
City Manager
Recommendation:
Adopt second reading of Ordinance No. 6,981–N.S. authorizing the City
Manager to execute the Amended and Restated Lease ("Amended Lease")
and related Settlement Agreement with Boykin Berkeley LLC ("Boykin"),
the owner of the Doubletree Hotel ("Hotel") located at the Berkeley
Marina for a term effective from August 7, 2004 through December 31, 2058.
Financial Implications: See report
Contact: Marc Seleznow, Parks, Recreation and
Waterfront, 981-6700
Action: Adopt Ordinance No. 6,981–N.S. (PDF, 6 MB) Effective date July 12, 2007.
From:
City Manager
Recommendation:
Adopt second reading of Ordinance No. 6,982–N.S. and Ordinance No.
6,983–N.S:
1) Adopting a description of the
program for the acquisition of real property for the Redevelopment Plan for the
West Berkeley Redevelopment Project Area, and related actions
2) Adopting a description of the
program for the acquisition of real property for the redevelopment plan for the
Savo Island Redevelopment Project Area.
Financial Implications: None
Contact: Dan Marks, Planning and Development,
981-7400
Action: Adopt Ordinance No. 6,982–N.S.
(PDF, 145 KB) and Ordinance No.
6,983–N.S. (PDF, 135 KB)
Effective date July 12,
2007.
Council Consent Items
From:
Mayor Bates
Recommendation:
Adopt a resolution confirming the Mayor's appointment of Wise Allen for a
two year term to the Berkeley Housing Authority Board of Commissioners.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Removed from Agenda. See Joint Meeting with Housing Authority this date.
From:
Mayor Bates
Recommendation:
Request the City Manager to:
1. Refer
the review of the City of Berkeley's hiring process as it pertains to the
consideration of conviction history, including but not limited to the
application, the application review process and whether a nexus between a
conviction and the vacant position must exist prior to a rejection of an
applicant,
2. Return
to Council with a report and recommendation that ensures equal opportunity
employment opportunities for people re-entering the workforce after prison.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Approved
recommendation numbers 1 and 2.
22. United States Food and
Farm Bill (PDF, 201 KB)
From:
Councilmember Maio
Recommendation:
That City Council recommends to our federal representatives a Farm Bill
that aligns United States food and farm policy with our public health policy
and supports healthful and affordable food.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1,
981-7110
Action: Approved
recommendation.
23.
City Co-Sponsorship of
the 21st Annual Berkeley Juneteenth Festival (PDF, 193 KB)
From:
Councilmember Anderson
Recommendation:
Adopt a resolution approving co-sponsorship of the 21st Annual Berkeley
Juneteenth Festival to be held on Sunday, June 17, 2007.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3,
981-7130
Action: Adopted
Resolution No. 63,729–N.S. (PDF, 68 KB)
24.
Opposition to Reduction
of Transit Funding in the Governor's FY 2008 Budget (PDF, 206 KB)
From:
Councilmember Capitelli
Recommendation:
That the City Council approve the accompanying resolution opposing
Governor Schwarzenegger's proposal to transfer funds earmarked for transit into
the General Fund; and that the City Manager direct staff to write letters to
the Governor and our state elected officials informing them of our position.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5,
981-7150
Action: Adopted
Resolution No. 63,730–N.S. (PDF, 68 KB)
25. Deadline Extension For
Condominium Conversion Fee Waiver (PDF, 208 KB)
From: Councilmember Capitelli
Recommendation: Adopt first reading of an
Ordinance amending BMC 21.28.065:
1. Extending
the deadline for complete applications for condominium conversion from July 1,
2007 to December 31, 2007 (21.28.065 A2);
2. Delaying
the sunset provision of the TIC exception from July 1, 2007 to December 31,
2007 for those applications in process before May 31, 2007 (all other
restrictions apply) (21.28.065 A3)
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5,
981-7150
Action: Adopted
first reading of Ordinance No. 6,985–N.S.
Second reading scheduled for June 19, 2007.
26.
Budget Surplus
Allocation: SAVE the BAY (PDF, 194 KB)
From:
Councilmember Olds
Recommendation:
That the City Council pass a resolution to approve a grant of $250.00 to
be funded from Councilmember Olds' surplus non-personnel budget to Save the Bay
for education programs.
Financial Implications: General Fund - $250
Contact: Betty Olds, Councilmember, District 6,
981-7160
Action: Adopted
Resolution No. 63,731–N.S. (PDF, 34 KB)
27. Budget Surplus
Allocation: Citizens for East Shore Parks (PDF, 194 KB)
From:
Councilmember Olds
Recommendation:
That the City Council pass a resolution to approve a grant of $250.00 to
be funded from Councilmember Olds’ surplus non-personnel budget to the Citizens
for East Shore Parks to help fund the restoration of the Berkeley Meadow.
Financial Implications: General Fund - $250
Contact: Betty Olds, Councilmember, District 6,
981-7160
Action: Adopted
Resolution No. 63,732–N.S. (PDF, 38 KB)
28.
Halcyon Commons
Rejuvenation Project (PDF, 204 KB)
From:
Councilmember Worthington
Recommendation:
That the Berkeley City Council adopt a Resolution accepting the gift of
the three elements of the Halcyon Commons Rejuvenation Project:
1. Archway
at north end of the park with the words HALCYON COMMONS and animal cutouts
related to park history;
2. Bronze-cast
sculpture of halcyon bird (a kingfisher associated with peace), which was
planned as part of the original park design
3. Re