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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 REGULAR meeting
TUESDAY, JULY 17, 2007
Council
Chambers – 2134 Martin Luther King Jr. Way
Teleconference
Location – 1636 Channing Way, Berkeley, CA
Preliminary Matters
Roll Call: 7:28 p.m. All
present.
Ceremonial Matters:
1. 20th
Anniversary of Farmers Market.
2. Presentation
by East Bay Municipal Utilities District regarding the current water shortage
and water conservation efforts.
City Manager Comments: City Clerk Pamyla Means reported action from
the July 16, 2007 Council Closed Session:
Conference with Legal Counsel – Existing Litigtion – Berkeley Police
Association v. City of Berkeley, et al, Alameda County Superior Court Case No.
2002 057569.
Public Comment on Consent Calendar Items Only – 10
Consent Calendar
Action: M/S/C (Worthington/Maio) to adopt Consent Calendar
in one motion except as indicated:
Removed Item 21 for discussion;
continued Items 17 and 20 to September 11, 2007; amended Items 27 and 28.
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
Action: Adopted Ordinance No.
6,995–N.S. (PDF, 50 KB)
Effective date August 16,
2007.
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
Action: Adopted Ordinance No. 6,996–N.S. (PDF, 180 KB) Effective date August 16, 2007.
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
Action: Adopted
Resolution No. 63,783–N.S. (PDF, 54 KB)
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
Action: Adopted
Resolution No. 63,784–N.S. (PDF, 44 KB)
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
Action: Approved
minutes as submitted.
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
Action: Adopted
Resolution No. 63,785–N.S. (PDF, 43 KB)
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
Action: Adopted
Resolution No. 63,786–N.S. (PDF, 43 KB)
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
Action: Approved
recommendation.
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
Action: Adopted
Resolution No. 63,787–N.S. (PDF, 48 KB)
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
Action: Adopted
Resolution No. 63,788–N.S. (PDF, 73 KB)
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
Action: Approved
recommendation.
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
Action: Adopted
Resolution No. 63,789–N.S. (PDF, 55 KB)
12.
Contract Amendment: ESI
Inc. (PDF, 269 KB)
From:
City Manager
Financial Implications: See report
Contact: Chris Mead, Information Technology,
981-6500
Action: Adopted
Resolution No. 63,790–N.S. (PDF, 40 KB)
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
Action: Adopted
Resolution No. 63,791–N.S. (PDF, 52
KB)
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
Action: Adopted
first reading of Ordinance No. 6,997–N.S.
Second reading scheduled for September 11, 2007.
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
Action: Adopted
Resolution No. 63,792–N.S. (PDF, 59 KB)
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
Action: Adopted
Resolution No. 63,793–N.S. (PDF, 50 KB)
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
Action: Removed for discussion and continued to September
11, 2007.
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
Action: Adopted
Resolution No. 63,794–N.S. (PDF, 55 KB)
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
Action: Adopted
Resolution No. 63,795–N.S. (PDF, 54 KB)
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
Action: Removed for
discussion and continued to September 11, 2007.
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
Action: Approved
recommendation as amended to include consult with the Commission on
Disabilities regarding the test.
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
Action: Approved
recommendation.
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
Action: Approved
recommendation.
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
Action: Approved
recommendation.
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
Action: Approved
recommendation.
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
Action: Approved
recommendation.
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
Action: Adopted
Resolution No. 63,796–N.S (PDF, 134 KB) amended to contingent upon commitment of adequate
funds to reach the planned $60,000 budget.
28.
Endorsing the “LIVE
EARTH Pledge” Sponsored by the Alliance for Climate Protection
(PDF, 210 KB)
From:
Councilmember Worthington and added Councilmember Spring
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
Action: Approved
recommendation.
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
Action: Approved
recommendation.
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: Adopted Resolution No. 63,797–N.S.
(PDF, 41 KB)
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
Public Testimony: The Mayor opened the public hearing.
5 speakers. M/S/C (Anderson/Olds to
close the public hearing.
Action: M/S/C
(Anderson/Moore) to approve recommendation and direct the City Attorney to
prepare findings to be submitted at the July 31, 2007 special meeting.
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
Public Testimony: The Mayor opened the public hearing.
0 speakers. M/S/C (Maio/Worthington) to
close the public hearing.
Action: M/S/C
(Maio/Worthington) to adopt Resolution No. 63,798–N.S.
(PDF, 209 KB)
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
Public Testimony: The Mayor opened the public hearing. 0 speakers. M/S/C (Maio/Anderson) to close the public
hearing noting no protests received.
Action: M/S/C (Maio/Worthington) to adopt Resolution No. 63,799–N.S.
(PDF, 203 KB)
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.