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Regular Meeting eAgenda |
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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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Agenda
Berkeley
City Council REGULAR meeting
TUESDAY, JULY 17, 2007
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 |
This meeting will be conducted in accordance with the Brown Act, Government
Code Section 54953, and Teleconferencing.
Any member of the public may attend this meeting at either
location. Questions regarding this
matter may be addressed to Pamyla Means, City Clerk, 981-6900
The City
Council may take action related to any subject listed on the Agenda. The Mayor
may exercise a two minute speaking limitation to comments from
Councilmembers. Meetings will adjourn
at 11:00 p.m. - any items outstanding at that time will be carried over to a
date/time to be specified.
Preliminary Matters
Roll Call
Ceremonial Matters: In addition to those
items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements
or provide information to the City Council in the form of an oral report. The Council will not take action on such
items but may request the City Manager place a report on a future agenda for
discussion.
Public Comment on Consent Calendar Items Only
Consent Calendar
The
Council will consider removal and addition of items to the Consent Calendar
prior to voting on the Consent Calendar.
All items remaining on the Consent Calendar will be approved in one
motion. Items removed from the Consent
Calendar will be taken up after the "Action Calendar" unless the Council
reorders the agenda.
Items that
are removed from the Consent Calendar and deemed by the Mayor to be
controversial in nature will be considered at the end of the agenda. The Mayor will call for public comments on
items on the Consent Calendar. For each
item, the Mayor will entertain one speaker in support and ask that persons in
the audience who are also in support stand to be recognized. The Mayor will then entertain one speaker in
opposition and follow the same process for the speaker in support. If the Mayor determines that there are
several persons wishing to speak to the item, the item will be removed from the
Consent Calendar and considered at the end of the agenda.
1.
Amendment Of BMC –
Condominium Conversion (PDF, 190 KB)
From:
City Manager
Recommendation:
That the Berkeley City Council adopt a second reading of Ordinance
6,995-N.S. amending Berkeley Municipal Code (BMC) Section 21.28.065.B.1 to
clarify that the affordable housing mitigation fee cap of 12.5% of unit sales
prices applies to both vacant and tenant occupied units within a building, if
the owner agrees to the specified long-term limit on rent increases for all
current tenants within that building at the time of conversion.
Financial Implications: See report
Contact: Dan Marks, Planning and Development,
981-7400
From:
Councilmember Worthington
Recommendation:
That the Berkeley City Council adopt a second reading of Ordinance
6,996-N.S. amending Berkeley Municipal Code (B.M.C.) Section 21.28.050 to
prohibit condominium conversion for ten years for no-fault evictions and make
clarifying amendments to existing language.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
3.
Settlements:
a.
Meyer Crest, et al. v. City of Albany, City of Berkeley, et al. (PDF, 199 KB)
From:
City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County
Superior Court Action No. RG 04 177080 entitled Meyer Crest, Ltd., et al. v. City
of Albany, et al. in the amount of $45,000.
Financial Implications: Public Liability Fund - $45,000
Contact: Manuela Albuquerque, City Attorney, 981-6950
b. Settlement: Ruby Lott v. City of Berkeley, et al (PDF,
256 KB)
From:
City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County
Superior Court Action No. RG 06 260746 entitled Lott v. City of Berkeley, et
al., in the amount of $50,000.
Financial Implications: Public Liability Fund - $50,000
Contact: Manuela Albuquerque, City Attorney, 981-6950
4. Minutes for Approval (PDF, 626 KB)
From: City Manager
Recommendation: Approve the minutes for the
Council meetings of April 16, 2007 (joint special closed), April 24, 2007
(regular), April 30, 2007 (closed), May 8, 2007 (special and regular), May 14,
2007 (joint special closed), May 22, 2007 (joint special closed, special, and
regular), June 12, 2007 (joint special and regular), June 18, 2007 (closed),
June 19, 2007 (special and regular), and June 26, 2007 (regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
5.
Loan: Aurora Theatre
Company (PDF, 256 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing
loan agreement with the Aurora Theatre Company to increase the loan amount by
up to $45,000 to pay for City permit fees for the Theater's expansion and to
modify the loan terms to allow deferral of payments for four years followed by
amortization of the outstanding loan balance over the next five years.
Financial Implications: Citywide Revolving Loan Fund -
$45,000
Contact: Michael Caplan, Economic Development,
981-7530
6.
Loan: Berkeley Symphony
Orchestra (PDF, 260 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to lend the Berkeley
Symphony Orchestra $100,000 to assist in its hiring a full-time Development
Director.
Financial Implications: Citywide Revolving Loan Fund -
$100,000
Contact: Michael Caplan, Economic Development,
981-7530
From:
City Manager
Recommendation:
Approve the attached new invitation for bid/request for proposal 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: Various funds - $265,405
Contact: Robert Hicks, Finance, 981-7300
8.
Revenue Agreement:
Mental Health Services for Transition-Aged Youth (PDF, 239 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept funds in the
amount of $1,391,749 from Alameda County Behavioral Health Care Services for
the provision of clinical outpatient mental health services to transition-aged
youth, and execute the resultant revenue agreements and any amendments; and
authorizing the implementation of the project and appropriation of funding for
related expenses.
Financial Implications: See
report
Contact: Fred Medrano, Health and Human Services,
981-5100
9. Agreement: Low Income
Energy Program Revenues (PDF, 257 KB)
From: City Manager
Recommendation: Adopt a Resolution:
1) Authorizing
the City Manager or his designee to execute a contract with the State
Department of Community Services and Development to receive a U.S. Department
of Energy Weatherization Assistance Program grant, in the amount of $23,197 for the period July 1, 2007 through
April 30, 2008, to provide weatherization assistance for eligible residents of
Berkeley, Albany, and Emeryville;
2) Approving the Priority Plan; and
3) Authorizing the City Manager to designate a
representative to sign required fiscal and programmatic reports.
Financial Implications: See report
Contact: Lisa Caronna, Housing, 981-5400
10.
Appointment of Finance
Director (PDF, 252 KB)
From:
City Manager
Recommendation:
Confirm the appointment of Robert L. Hicks as Director of Finance.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
11.
Classification: Recreation Program Supervisor (PDF, 294 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 Recreation Program Supervisor with a monthly salary range of
$5,355 - 6,510 per month effective July 22, 2007.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
12.
Contract Amendment: ESI
Inc. (PDF, 269 KB)
From:
City Manager
Financial Implications: See report
Contact:
Chris Mead, Information Technology, 981-6500
13. Contract Amendment:
Wireless Data Services for Police Vehicles (PDF, 260 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manger to extend Contract No. 6832A with Sprint to provide wireless
data services for City of Berkeley Police Department vehicles in an amount not
to exceed $80,000 for the two-year period July 1, 2007 to June 30,2009 for a
total contract amount not to exceed $105,000.
Financial Implications: See
report
Contact: Chris Mead, Information Technology, 981-6500
14.
Add Erroneously Omitted
Language to BMC Code – Nuisance Ordinance
(PDF, 319 KB)
From:
City Manager
Recommendation:
Adopt first reading of an Ordinance to add erroneously omitted language
to amend Berkeley Municipal Code Chapters 23B.60, Compliance and Revocation,
and 23B.64, Abatement of Nuisances.
Financial Implications: None
Contact: Dan Marks, Planning and Development,
981-7400
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment
to Contract No. 5459E and any amendments with Pacific Coast Trane Service to
maintain the heating, ventilation, and air conditioning service at the Public
Safety Building, increasing the total not to exceed an amount of $543,197 and
extending the period to October 1, 2001 to June 30, 2017.
Financial Implications: Building Maintenance Fund - $543,197
Contact: Claudette Ford, Public Works, 981-6300
16.
Contract No. 7123
Amendment: As-Needed Storm Repairs (PDF,
261 KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment
to Contract No. 7123 with McNamara & Smallman Construction, Inc. for
as-needed storm work, increasing the contract total to an amount not to exceed
$299,500, and extending the contract period through November 1, 2007.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
17.
Update: Five-Year
Street Plan for FY 2007-2012 (PDF, 278 KB)
From:
City Manager
Recommendation:
Adopt a Resolution adopting the update of the Five-Year Street Plan for
FY 2007-2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
18. Contract No. 7230
Amendment: ADA Curb Ramp Installation
Project (PDF, 259 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute an amendment Contract No. 7230 with AJW
Construction for the ADA Curb Ramp Installation Project, increasing the amount
by $88,000 for a total not to exceed amount of $372,900 and extending the
contract period by 60 days for a 180 calendar days period from May 21, 2007 to
November 17, 2007.
Financial Implications: CDBG
Funds - $372,900
Contact: Claudette Ford, Public Works, 981-6300
19.
Final Payment: Purchase
and Installation of Modular Buildings -Corporation Yard (PDF, 259 KB)
From:
City Manager
Recommendation: Adopt a
Resolution authorizing payments up to $32,897 above the original contract (No.
6557) amount of $640,000 to Resun Leasing, Inc., for the purchase and
completion of installation of two modular buildings at the Corporation Yard.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
From:
Auditor
Recommendation:
Request the City Manager to report back on or before November 20, 2007,
and every three months thereafter, regarding the implementation status of the
audit recommendations.
Financial Implications: See report
Contact:
Ann-Marie Hogan, Auditor, 981-6750
Council Consent Items
21.
Allow Testing of Speed
Cushions as an Alternative Traffic Calming Devices (PDF, 259 KB)
From:
Mayor Bates, Councilmembers Maio and Capitelli
Recommendation:
That the City Council determine that a six month pilot project to test
speed cushions is not subject to the moratorium on speed hump installation and request the City Manager work with the Fire
Department and the Office of Transportation to jointly determine the location
for the pilot project to test speed cushions and report back to the Council
within six months on the test results.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
From: Councilmembers Maio, Anderson and Capitelli
Recommendation: Express
and convey the Council’s support to the State for a National Register designation
for the Park Congregational Church (South Berkeley Community Church), which can
be done with minimal documentation by staff.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1,
981-7110
23. Railroad Corridor Quiet Zones, Implementation Bids (PDF, 259 KB)
From:
Councilmember Maio
Recommendation:
That the City Manager request bids, along
with neighboring cities which have expressed interest, to determine the cost of
establishing railroad corridor quiet zones at railroad crossings
Financial Implications: Unknown
Contact:
Linda Maio, Councilmember, District 1, 981-7110
24.
Funding for Ohlone Dog
Park (PDF, 189 KB)
From:
Councilmembers Spring and Maio
Recommendation:
Refer to the City Manager to make repairs to the Ohlone Dog Park by
putting up to $100,000 of unspent funds remaining in the Parks and Recreation
fiscal year 2006-2007 budget.
Financial Implications: $100,000
Contact: Dona Spring, Councilmember, District 4,
981-7140
25.
City Sponsorship Of The
"Be Fit Berkeley" Campaign (PDF, 451 KB)
From:
Councilmembers Capitelli and Moore
Recommendation:
That the City of Berkeley cosponsor the "Be Fit Berkeley"
campaign, to take place from September, 2007, until June, 2008; that the City
Council
1) Give
permission for the use of the name of the City of Berkeley and the City's logo
in all forms of publicity, including t-shirts; and
2) Provide
staff support from the Department of Health and Human Services as itemized in
Financial Implications.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5,
981-7150
26.
12th Annual Watershed
Environmental Poetry Festival (PDF, 209 KB)
From:
Councilmember Worthington
Recommendation:
That the Berkeley City Council extend the sound permit from 11-5 p.m. for
the 12th Annual Watershed Environmental Poetry event in Martin Luther King, Jr.
Civic Center Park, Saturday, August 18, 2007. Further, that the Council allows
a Watershed Environmental Poetry stage banner above the Peace Wall and waive
fees for staff and necessary equipment associated with hanging the banners.
Financial Implications: $250
Contact: Kriss Worthington, Councilmember, District
7, 981-7170
27. Sweat-Free Consortium (PDF, 202 KB)
From: Councilmembers Worthington and Spring
Recommendation: That the Berkeley City Council adopt a resolution supporting the
development of the state and local sweatshop-free consortium and allocating
$25,000 of previously set aside funds to SweatFree Communities Inc. to support
formation of the state and local government sweatshop-free consortium,
contingent upon commitment of equal funds from one or more other government
entities.
Financial Implications: General
Fund - $25,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
28.
Endorsing the “LIVE
EARTH Pledge” Sponsored by the Alliance for Climate Protection
(PDF, 210 KB)
From:
Councilmember Worthington
Recommendation:
That the Berkeley City Council endorse the “LIVE EARTH Pledge” proposed
by the Alliance for Climate Protection.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District
7, 981-7170
29.
Recent Lockout Of Waste
Management Inc. Employees (PDF, 210 KB)
From:
Councilmembers Worthington, Anderson, Maio and Mayor Bates
Recommendation:
That the City send a letter to Waste Management Inc. executives
expressing the following concerns over the recent lockout of waste management
employees:
1) That the City is concerned that workers were locked out of the
Waste Management Inc. facility.
2) That the action was unnecessary. It is common practice during
contract negotiations that the previous contracts are extended.
3) The company’s failure to extend the previous contracts has led to
delays in service resulting in customers not receiving trash and/or recycling
pick-ups.
4) This precipitous and drastic action was uncalled for, unnecessary
and unreasonable.
5) The City strongly opposes actions that the company has taken
against workers and urges Waste Management Inc. to renegotiate in good faith.
6) We urge the company to increase wages and benefits in the new
contract and not reduce them beyond their current levels.
7) Even if an agreement is reached
before the City Council vote the City should still send a letter expressing its
concern over this unnecessary and irresponsible lockout.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
30.
Budget Allocation: San
Pablo Neighborhood Park Council (PDF, 197 KB)
From:
Councilmember Worthington
Recommendation:
That the Berkeley City Council adopt a resolution approving the
expenditure of $ 400 to the San Pablo Neighborhood Park Council funds from
Councilmember Worthington’s discretionary budget (D-13) to support the San
Pablo Park Centennial Celebration.
Financial Implications: $400
Contact: Kriss Worthington, Councilmember, District
7, 981-7170
Action Calendar - Public Hearings
31.
BTown – 2973 Sacramento
Street (PDF, 3 MB)
From:
City Manager
Recommendation:
That the Council conduct a public hearing and declare that B-Town Dollars
and More Disc, a retail store at 2973 Sacramento Street, is a public nuisance
pursuant to Berkeley Municipal Code section 23B.64.020 and enjoin its further
operation.
Financial Implications: None
Contact: Dan Marks, Planning and Development,
981-7400
32.
North Shattuck Business
Improvement District (PDF, 275 KB)
From:
City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution:
1) Confirming
the Annual Report of the North Shattuck Business Improvement District (NSBID)
for Fiscal Year 2007 and
2) Levying
assessments in the District for Fiscal Year 2008.
Financial Implications: North Shattuck Business
Improvement District Fund - $164,000 revenue
Contact: Michael Caplan, Economic Development,
981-7530
33.
Telegraph Property and
Business Improvement District (PDF, 214 KB)
From:
City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution
confirming the Annual Report on the Telegraph Property and Business Improvement
District for FY 2007 and levying assessments in the District for FY 2008.
Financial Implications: Telegraph Property and Business
Improvement District Fund - $237,930 revenue
Contact: Michael Caplan, Economic
Development, 981-7530
34.
ZAB Appeal: 161
Panoramic Way
a. From: City Manager (PDF, 194 KB)
Recommendation: Conduct
a public hearing and upon conclusion, adopt a Resolution affirming the Zoning
Adjustment Board’s decision to approve Use Permit No. 04-10000145 to construct
a new single family dwelling at 161 Panoramic Way, and denying the appeals.
Financial Implications: None
b. Appeals
1.
Bruce and Colette
Kelley (PDF, 365 KB)
2.
Regula Muller
(PDF, 283
KB)
3.
Panoramic Hill
Association (PDF, 586 KB)
c. Communications
(PDF, 10 MB) (received after June 26,
2007)
1.
Kathleen Sullivan
2.
Bill and Jane Robbins
3.
Blanche L. Sack
4.
Jerry Wachtel,
Panoramic Hill Association
5.
Ann Slaby
6.
Regula Muller
7.
Bruce and Colette
Kelley
8.
Catherine Orozco
9.
Alice Taylor
Contact: Dan Marks, Planning and
Development, 981-7400
Council Action Calendar
From:
Councilmember Wozniak
Recommendation:
Adopt a resolution recommending that the City Manager institute a pilot
program to double parking fines in Residential Parking Permit (RPP) areas in the South campus area
on football game days. This would include RPP areas A, B, and D which are
currently enforced on Saturdays.
Financial Implications: See report
Contact: Gordon Wozniak, Councilmember, District 8,
981-7180
36. Amendments to the
Berkeley City Council Rules of Procedure
a.
From: Mayor Bates (PDF, 335 KB)
Recommendation:
Request that the City Council amend the Berkeley City Council Rules of
Procedure and Order (last amended May 8, 2007) Chapter IV - Conduct of Meeting,
Sections A and E. Specifically, replace Section A - Comments from the Public
with:
1) Public
Comment on Consent Calendar and Information Items,
2) Public
Comment on Action items,
3) Zoning
Adjustment Board Appeals, and
4) Public
Comment on Non-Agenda Items; and amend Section E. Public Hearings adding a
process for public comment for public hearings on land use and zoning matters.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
b.
From: Councilmember Worthington (PDF, 696 KB) (Carried over from June 26, 2007)
Recommendation:
Amend Resolution 53,575—N.S. to incorporate the new procedures for Public
Comment established by the Mayor and to incorporate other minor changes for
clarity, consistency and performance with The Brown Act. Disseminate the amended resolution to the
City Council, all Boards, Commissions, Committees and Task Forces for immediate
implementation.
Financial Implications: See report.
Contact: Kriss Worthington, Councilmember, District
7, 981-7170
c. From: Councilmember Spring
(PDF, 186 KB)
Recommendation:
That the Council conduct a workshop/special meeting in September, 2007 to
consider and discuss proposals regarding establishing the rules of public
comment and land use public testimony.
Financial Implications:Unknown
Contact:Dona Spring, Councilmember,
District 4, 981-7140
Public Comment – Items Not Listed on the Agenda
Information Reports
37.
LPC NODs: 2340-2350
Shattuck Ave., 2300 Shattuck Ave., and 1525 La Loma Avenue (PDF, 5 MB)
From:
City Manager
Contact: Dan Marks, Planning and Development,
981-7400
38.