Council Meeting 9/18/07

Regular Meeting eAgenda
September 18, 2007

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

These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 18, 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

Note: Council Rules of Procedure are currently under review and are subject to change.

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.

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. Tieback Encroachment Ordinance (PDF, 199 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,998–N.S amending Berkeley Municipal Code (BMC) sections 16.18.010, 16.18.025 and 16.18.080 to clarify the definitions of major and minor encroachments, to define tiebacks as minor encroachments, and establish tieback encroachment permit fees.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

2. Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation to accept $20,000 to support the collection of Berkeley Animal Care Service's shelter statistics and other activities on behalf of lost, stray, or homeless dogs and cats.

Financial Implications: $20,000 revenue

Contact: Phil Kamlarz, City Manager, 981-7000

3. Contract Amendment: Mental Health Vocational Services (PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Rubicon Programs, Inc. (No. 6642), for the continued provision of vocational services to mental health clients and to increase the contract amount by $31,057, for a total contract amount not to exceed $79,057.

Financial Implications: See report

Contact: Fred Medrano, Health and Human Services, 981-5100

4. Agreements: Solar America Program (PDF, 269 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a cooperative agreement and any amendments with the U.S. Department of Energy for the period September 15, 2007 through September 14, 2009 in the amount of $200,000 in revenues for solar power market development.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

5. Contract: Mills Act - 2201 Blake Street (PDF, 727 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2201 Blake Street.

Financial Implications: See report

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

6. Contract: Mills Act - 2501-2527 Rose Walk (PDF, 733 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2501-2527 Rose Walk.

Financial Implications: See report

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

7. Contract: Mills Act - 2205 Blake Street (PDF, 553 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2205 Blake Street.

Financial Implications: See report

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

8. Contract Amendment: MACTEC Engineering & Consulting, Inc. (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6510 with MACTEC Engineering and Consulting, Inc., to provide geotechnical and engineering testing services for the Gilman Street Sports Fields Project for an additional amount not to exceed $35,000 for a new contract total not to exceed $900,719 for the period September 1, 2004 to September 30, 2008.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

9. Contract: Management Recruiters/Berkeley for Temporary Parking Services Manager (PDF, 247 KB)

Supplemental Information (PDF, 89 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Management Recruiters/Berkeley for a temporary Parking Services Manager for a total amount not to exceed $100,000 for the period July 1, 2007 to June 30, 2008.

Financial Implications: Off-Street Parking Fund - $100,000

Contact: Claudette Ford, Public Works, 981-6300

10. Contract Amendment: Corporation Yard Gates Public Art Project (PDF, 260 KB)

From: Economic Development

Recommendation: Adopt a Resolution amending Contract No. 7131 with Eric Powell to increase payment by $25,000 to cover the unexpected increased costs for two, functional set of individually designed Gates for the City of Berkeley Corporation Yard.

Financial Implications: Public Art Fund - $25,000

Contact: Michael Caplan, Economic Development, 981-7530

11. Council Direction To Negotiate With College Prep High School (Held over from September 11, 2007)(PDF, 598 KB)

From: City Manager

Recommendation: Adopt a Resolution directing the City Manager to negotiate and execute a long-term agreement with College Preparatory High School for limited use of the Gilman Street Sports Fields in exchange for a capital contribution to the construction budget, subject to the approval of the East Bay Regional Park District and California Department of Parks and Recreation.

Financial Implications:

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

12. License Amendment: Bait Shop Operation (PDF, 1.1 MB)

From: City Manager

Recommendation: Approve an amendment to the current license agreement with the Berkeley Marina Charter Boat Association, Inc (BMCBA) to reduce the minimum yearly payment from $45,000 to $28,000 and terminate the agreement on December 31, 2007.

Financial Implications: Marina Fund - $43,000 revenue

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

13. Nature Center/Adventure Playground Rate Schedule (PDF, 244 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 63,777–N.S., establishing the rate schedule for the FY2008 Nature Center/Adventure Playground at the Berkeley Marina adopted on July 10, 2007 (to correct clerical oversight).

Financial Implications: See report

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

14. Update: Five-Year Street Plan for FY 2007-2012(Held over from September 11, 2007) (PDF, 272 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

Council Consent Items

15. Funding for Downtown Berkeley Jazz Festival (PDF, 211 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution authorizing the expenditure of $2,500 from the unallocated city-sponsored events budget to fund the Downtown Berkeley Jazz Festival.

Financial Implications: $2,500 from the unallocated events and festivals budget.

Contact: Tom Bates, Mayor, 981-7100

16. Fee Deferral for Freight and Salvage Coffee House (PDF, 253 KB)

From: Mayor Bates

Recommendation: That the City Council request the City Manager negotiate a deferral of the remaining permit fees of approximately $350,000 with the Freight and Salvage Coffee House to be paid upon completion of the project or a mutually agreed upon schedule.

Financial Implications: See report.

Contact: Tom Bates, Mayor, 981-7100

17. Berkeley Holiday Fund (PDF, 316 KB)

From: Mayor Bates

Recommendation: Adopt a resolution allowing the Mayor's office to participate in the Berkeley Holiday Fund's annual campaign.

Financial Implications: See report.

Contact: Tom Bates, Mayor, 981-7100

18. Developing a City Preferred Alternative Route for Telegraph Avenue Bus Rapid Transit (PDF, 248 KB)

From: Mayor Bates

Recommendation: That the City Council request the Transportation Commission, Planning Commission, and staff develop a City preferred alternative route for the Telegraph Avenue Bus Rapid Transit (BRT) system under consideration by AC Transit.

Financial Implications: Unknown

Contact: Tom Bates, Mayor, 981-7100

19. Proclamation Honoring 15th Anniversary of Halcyon Neighborhood Association (PDF, 208 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council adopts a proclamation honoring the 15^th Anniversary of the Halcyon Neighborhood Association.

Financial Implications: None

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

Action Calendar – Appeals

20. LPC Appeal: 2747 San Pablo Avenue (PDF, 4 MB)

Attachment 4 (PDF, 59 MB)

a. From: City Manager

Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission to deny the application for landmark status for 2747 San Pablo Avenue, the Joe Donham Automobile Showroom, and to dismiss the appeal.

Financial Implications: None

b. Appeal

1. Laurie Bright

c. Communications

1. Julie Dickinson and Daniella Thompson

2. Julie Dickinson and Alan Hess

3. Robert E. Johnson

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

21.ZAB Appeal: 1625 Berkeley Way (PDF, 1 MB)

Attachment 4 (PDF, 35 MB)

a. From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit No.06-10000117 to construct an addition to an existing dwelling located at 1625 Berkeley Way and dismissing the appeal.

Financial Implications: See report

b. Appeal

1. Morrison Chun

c. Communications

1. Dea Lee Harrison

2. Jeff Stein

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

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department	Libraries:
2180 Milvia Street	Main - 2090 Kittredge Street
Tel: 510-981-6900	Claremont Branch – 2940 Benvenue
TDD: 510-981-6903	West Branch – 1125 University
Fax: 510-981-6901	North Branch – 1170 The Alameda
Email: clerk@ci.berkeley.ca.us	South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5 working days prior to the meeting to insure availability. Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Please refrain from wearing scented products at public meetings.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 13, 2007

Pamyla Means, MMC, City Clerk

Communications (PDF, 9 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

UC Berkeley Student Athlete High Performance Center

1. Julie Anderson

2. Marcia Tanner

3. Richard Wallace

4. Jerry Wachtel

5. James Keith

6. Jillian Hagan

7. Joseph Stubbs

8. Linda & John Gage

9. Scott Wachenheim

10. Frank Lynch

11. Merrilie Mitchell

Lawrence Berkeley National Laboratory

12. Merrilie Mitchell

Lawrence Livermore Laboratory

13. Merrilie Mitchell

UC Planning Process

14. Anonymous

Think Trees

15. Anonymous

Leadership East Bay 2007-08

16. Lisa Bullwinkel

Concerns Regarding City of Berkeley

17. Robert Gaebler

Protesting Traitors and Bush

18. John Jenkel

Hybrid Swimming Pool Heating Act

19. Jody Gorran

Community Chose Aggregation Workshop

20. Tom Kelly, KyotoUSA

Cal Quarterback – Nate Longshore

21. Robert Gaebler

Item 22: U-Haul Company: 2100 San Pablo Avenue

22. Fred Cosentino