Regular Meeting eSummary
June 12
, 2007

Printer-friendly PDF* summary: (58 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: 

  • 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

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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)

7.   Oxford Plaza Project - Amendment to the Housing Trust Fund and DDA Regulatory Agreement (PDF, 265 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

Recommendation: Adopt a first reading of an Ordinance amending Chapter 23E.56, Telegraph Avenue Commercial District Provisions, to extend the evening by right hours of operation for uses that do not involve sales or service of alcohol; extend the evening hours of operation for businesses that do involve alcohol sales or service; allow quotas to be exceeded with a Use Permit; allow changes of use in existing tenant spaces without discretionary review; decrease the permit level for certain uses from a Use Permit to an AUP; require greater public notification for AUPs; and allow easier conversion of some tenant spaces into larger or smaller commercial units.

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.

19. Real Property Acquisition - West Berkeley Industrial Park and Savo Island Redevelopment Plans (PDF, 199 KB)

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

20. Appointment of Wise Allen to the Berkeley Housing Authority  (BHA) Board of Commissioners (PDF, 267 KB)

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.

21. Ensuring Equal Opportunity Employment Opportunities For People Re-Entering The Workforce After Prison (PDF, 252 KB)

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