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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
BERKELEY CITY COUNCIL MEETING
Tuesday, September 18,
2007
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 |
Preliminary Matters
Roll Call: 7:23 p.m. Mayor Bates absent. Vice President Worthington assumed the
Chair.
Ceremonial Matters:
1.
Proclamations:
·
Halcyon Park Celebration, September 30
·
Commemorating Laura Anderson as Board of
Library Trustee
·
Berkwood Hedge School Day, October 13
·
United Nations Day/62nd
Anniversary, October 24
·
Indigenous Peoples Day, October 6
·
National Lead Safety Day Tour, September 22
2. Certificate
of Completion for participants of the Mayors Summer Internship Program
3. Presentation
of check in the amount of $600,000 Cal Home Grant Award
Mayor Bates present at 7:42 p.m.
Public Comment
on Consent Calendar Items Only 8
Consent Calendar
Action: M/S/C (Moore/Wozniak) to adopt Consent Calendar in one motion except as indicated:
1. Tieback Encroachment Ordinance (PDF, 199 KB)
From: City Manager
Recommendation: Adopt second reading of
Ordinance 6,998N.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
Action: Adopted Ordinance No.6,998N.S. (PDF, 162 KB) Effective date October 18, 2007.
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
Action: Adopted Resolution No. 63,826N.S. (PDF, 51 KB)
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
Action: Adopted Resolution No. 63,827N.S. (PDF, 56 KB)
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
Action: Adopted Resolution No. 63,828N.S. (PDF, 47 KB)
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
Action: Adopted Resolution No. 63,829N.S. (PDF, 50 KB)
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
Action: Adopted Resolution No. 63,830N.S. (PDF, 50 KB)
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
Action: Adopted Resolution No. 63,831N.S. (PDF, 50 KB)
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
Action: Adopted Resolution No. 63,832N.S. (PDF, 55 KB)
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 $58,500 for the period July 1, 2007 to June 30, 2008.
Financial Implications: Off-Street Parking Fund - $58,500
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,833N.S. (PDF, 53 KB)
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
Action: Adopted Resolution No. 63,834N.S. (PDF, 36 KB)
11. Council Direction To Negotiate With College Prep High School (Held over from September 11, 2007)(PDF, 598 KB)
From: City Manager
Recommendation: Direct 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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,835-N.S. (PDF, 1 MB)
13. Nature Center/Adventure Playground Rate Schedule (PDF, 244 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution 63,777N.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
Action: Adopted Resolution No. 63,836N.S. (PDF, 61 KB)
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
Action: Adopted Resolution No. 63,837N.S. (PDF, 272 KB)
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
Action: Removed from Consent Calendar for discussion. M/S/C (Spring/Anderson) adopted Resolution No. 63,838N.S. (PDF, 29 KB)
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,839N.S. (PDF, 49 KB)
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
Public Comments 8
Action: Removed from Consent Calendar for discussion. M/S/C (Capitelli/Anderson) referred to Councilmembers Capitelli (on behalf of Mayor Bates proposal) and Worthington (on behalf of amendments submitted) to submit a joint proposal at a future date.
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 15th Anniversary of the Halcyon Neighborhood Association.
Financial
Implications: None
Contact: Kriss Worthington, Councilmember,
District 7, 981-7170
Action:
Approved recommendation.
Recess 9:19 9:31 p.m.
Action Calendar Appeals
20. LPC Appeal: 2747 San Pablo Avenue (PDF, 4 MB)
a. 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
Action: Moved to Consent Calendar and adopted Resolution No. 63,840N.S (PDF, 53 KB) dismissing appeal and upholding LPC decision. (Noes Worthington).
21.ZAB Appeal: 1625 Berkeley Way (PDF, 1 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
4. Morrison Chun
c. Communications
5. Dea Lee Harrison
6. Jeff Stein
Contact: Dan Marks, Planning and Development, 981-7400
Public Comments 6
Action: M/S/C (Capitelli/Wozniak) to adopt Resolution No. 63,841N.S. (PDF, 648 KB) dismissing the appeal and affirming the ZAB decision. (Ayes Moore, Anderson, Capitelli, Wozniak and Bates; Noes Olds and Worthington; Abstain Maio and Spring)
Action Calendar Public Hearing
22. U-Haul Company: 2100 San Pablo Avenue (PDF, 13 MB)
From: Zoning Adjustments Board
Recommendation: Conduct a public hearing
and declare that the U-Haul Company, a truck and trailer rental store at 2100
San Pablo Avenue, is in violation of Use Permit No. 7575 under Berkeley
Municipal Code Section 23B.60.020, and revoke Use Permit No. 7575.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing.
6 speakers. M/S/C
(Moore/Maio) to close the public hearing.
Action: M/S/C (Moore/Capitelli) to revoke Use Permit No. 7575, findings to be adopted 10/9/07.
Information
Reports
23. Audit: Fire - Overtime and Lost Time (PDF, 256 KB)
From: City Manager
Contact: Debra Pryor, Fire, 981-5500
Action: Received and filed.
24. CalHome Program (PDF, 239 KB)
From: City Manager
Contact: Renelda Mary, Housing, 981-5400
Action: Received and filed.
25. Schedule for Condominium Conversion Ordinance Revision (PDF, 244 KB)
From: City Manager
Contact: Renelda Mary, Housing, 981-5400
Action: Removed for discussion. Recevied and filed.
26. LPC NOD: 1920 Allston Way (PDF, 5 MB)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Removed for discussion. Received and filed.
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Received and filed.
28. Interim Report: Pacific Steel Casting, 1333 Second Street (PDF, 480 KB)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Removed for discussion. M/S/C (Maio/Moore) directed staff to obtain responses from the Bay Area Air Quality District to Councilmember Maios written questions submitted this date.
Public Comment Items Not Listed on the
Agenda 6
Adjournment 10:34
p.m. in memory of Charity Moore (101 years of age)
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
Supplemental Communications and Reports 1 (PDF, 10 KB)
Item 14: Update: Five-Year Street
Plan for FY 2007-2012
·
Supplemental
information, submitted by City Manager
Item 18: Developing a City Preferred
Alternative Route for Telegraph Avenue Bus Rapid
23.
Gregory Murphy
24.
Charles Siegel
25.
Len Conly
& Hank Resnik
26.
Steve Geller
27. Michael Katz
Item 20: LPC Appeal: 2747 San Pablo
Avenue
28.
David Mayeri
& Laura Billings
Item 21: ZAB Appeal: 1625 Berkeley Way
29.
Christopher
Wolf, Planning & Development Department
Item 22: U-Haul Company: 2100 San Pablo
Avenue
30. Margaret Fauchier (3)
31. Barbara Gregory
Item 28: Interim Report: Pacific Steel Casting,
1333 Second Street
32.
Elisabeth Jewel
Supplemental Communications and Reports 2 (PDF, 10 KB)
Item 9: Contract: Management
Recruiters/Berkeley for Temporary Parking Services Manager
·
Supplemental
material (PDF, 88 KB), submitted by Public Works
Item 18: Developing a City Preferred Alternative Route for Telegraph Avenue Bus Rapid Transit
33. Kriss Worthington
34. Unknown
35. Michael Katz
Item 20: LPC Appeal: 2747 San Pablo
Avenue
36.
Gary Parsons
Item 22: U-Haul Company: 2100 San
Pablo Avenue
37. Gregory Daniel, Code Enforcement
38. Jeremy Frank, U-Haul
Item 28: Interim Report: Pacific Steel
Casting, 1333 Second Street
39. Linda Maio
Indigenous Peoples Day
40. Unknown