|
Regular
Meeting eAgenda |
|
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:
*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. |
~~~~~~~~~~~~~~~~~~~~~
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, OCTOBER 9, 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.
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. Adoption of Findings - U-Haul Company, 2100 San Pablo Avenue (PDF, 255 KB)
From: City Manager
Recommendation: Adopt a resolution,
including findings, that U-Haul, located at 2100 San Pablo Avenue, violated Use
Permit No. 7575 and said permit is revoked and terminated, as previously
determined by the City Council on September 18, 2007, after a public hearing.
Financial Implications: None
Contact: Manuela Albuquerque, City Attorney, 981-6950
2. Sale of Center Street Garage Setback Easement to SNK (PDF, 736 KB)
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the City Manager to execute all
necessary documents to convey a fire separation easement above the Center
Street Garage at 2025 Center Street to SNK Captec Arpeggio, LLC for an amount
not to exceed $200,000.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-6900
3. Adopt Revised Conflict of Interest Code (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No.
63,433-N.S. and adopting a revised Conflict of Interest Code for the City of
Berkeley.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
4. Minutes for Approval (PDF, 482 KB)
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of July 10, 2007 (closed and regular), July 16, 2007
(joint closed and special), July 17, 2007 (regular adjourned, regular
adjourned, and regular), July 31, 2007 (special), September 4, 2007 (closed),
September 10, 2007 (closed), September 11, 2007 (special and regular), and
September 18, 2007 (special and regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
5. Contract: The Berkeley Alliance (PDF, 409 KB)
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Berkeley Alliance to provide administrative support and project services for a
partnership endeavor with the Berkeley Unified School District (BUSD) and UC
Berkeley not to exceed $69,800 for the period July 1, 2007 to June 30, 2008.
Financial Implications: General Fund - $69,800
Contact: Tracy Vesely, Budget Manager, 981-7000
6. Reimbursement: Animal Shelter Pre-Development Expenditures (PDF, 243 KB)
From: City Manager
Recommendation: Adopt a Resolution
declaring the intent of the City of Berkeley to reimburse certain expenditures
made prior to the issuance of General Obligation bonds to improve the animal
shelter, in accordance with the requirements of Treasury Regulation Section
1.150-2.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
From: City Manager
Recommendation: Adopt a Resolution
approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year
2008 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
From: City Manager
Recommendation: Approve the new
invitation for bid/request for proposal (RFP) 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: See report
Contact: Robert Hicks, Finance, 981-7300
9. Audit: Seniors and Disabled Home Rehabilitation Loan Program (PDF, 303 KB)
From: City Manager
Recommendation: Adopt
a Resolution amending Resolution 55,664-N.S. to revise program guidelines for
the Seniors and Disabled Home Rehabilitation Loan Program.
Financial Implications: None
Contact: Renelda Mary, Housing, 981-5400
10. Shelter Plus Care Partner Agency Contracts (PDF, 247 KB)
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to increase contract amounts as follows with the
Berkeley Food and Housing Project and the Women’s Daytime Drop-in Center in
order to redistribute $7,808 in General Funds initially allocated to the
Homeless Action Center for the provision of case management services to
participants in the City of Berkeley Shelter Plus Care Program:
1)
The contract with the Berkeley Food and Housing Project shall be
increased by $6,246, for a total amount not to exceed $597,400;
2)
The contract with the
Women’s Daytime Drop-in Center
shall be increased by $1,562, for
a total amount not to exceed $151,558.
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
11. Classification: Library Information Systems Administrator (PDF, 275 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 Library
Information Systems Administrator with a salary range of $6,796 - $8,676 per month effective October 1, 2007.
Financial Implications: Library Discretionary Fund - $160,832 annually
Contact: David Hodgkins, Human Resources, 981-6800
12. Memorandum Of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (PDF, 584 KB)
From: City Manager
Recommendation: Adopt Resolutions:
1)
Approving a new four year Memorandum of Understanding with the Berkeley
Fire Fighters Association/I.A.F.F.
Local 1227 (hereinafter referred to as the "Association") with
a term of July 2, 2006 through June 26, 2010; authorizing the City Manager to
execute and implement the new labor agreement that includes certain adjustments
to salaries and benefits retroactive to July 2, 2006 or other dates set forth
in the contract;
2)
Approving a new salary resolution for Representation Unit B that
implements the new salary levels negotiated in the new labor agreement and
rescinding Resolution No. 60,867-N.S.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
13. Classification: Watershed Resources Specialist (PDF, 276 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 Watershed
Resources Specialist with a salary range of $5,348 - $6,500 per month effective
October 1, 2007.
Financial Implications: General Fund - $58,535 FY 2008; $104,360 FY 2009
Contact: David Hodgkins, Human Resources, 981-6800
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to Contract No. 7086A with
East Bay Conservation Corps, adding graffiti removal to the scope of services,
increasing the amount by $100,000 to a total not to exceed $150,000, and
extending the agreement to include the period October 18, 2006 to December 31,
2008.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
15. Audit: Marina Surprise Cash Count - Controls Over Cash Receipts Need Improvement (PDF, 289 KB)
From: Auditor
Recommendation: Request the City Manager to report back during January 2008 regarding the implementation status of each of the City Auditor's recommendations in the attached report, and to report back every six months thereafter, until all recommendations have been implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
16. Invisible Problems: Weak Internal Controls May Require Disclosure by City Manager and Council Action (PDF, 246 KB)
From: Auditor
Recommendation: Request the City Manager
to consider requiring departments to identify and dollarize significant
internal control weakness that have not been addressed because of insufficient
resources or staff capabilities. A
written report from each department should be required as part of the annual
budget submission, as well as the department's quarterly meeting with the City
Manager. If possible, preliminary
information should be drafted by key departments and reviewed by the Budget
Office before the mid-year budget review in February.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
17. Audit: Animal Shelter Surprise Cash Count: Controls Need Improvement (PDF, 283 KB)
From: City Manager
Recommendation: Request the City Manager
to report back on or before January 2008, and every three months thereafter,
regarding the implementation status of the audit recommendations in the
attached audit report until each recommendation is fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
18. Audit of Controlled Substances in the Fire Department: Control Activities and Monitoring Should Be Strengthened (PDF, 323 KB)
From: Auditor
Recommendation: Request the City Manager implement the recommendations in the attached report, and to report back by September 2008, and every six months thereafter, until all recommendations are implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Council Consent Items
19. Discretionary Budget Allocation: Berkeley Cougars (PDF, 209 KB)
From: Councilmember Moore and Mayor Bates
Recommendation: Adopt
a Resolution approving the expenditure of $1000 from Councilmember Darryl
Moore’s and Mayor Tom Bates’ discretionary budget (D-13), $500 from each
office, to make a grant to Berkeley Cougars to benefit local youth.
Financial Implications: Discretionary Budget Funds - $1000
Contact: Darryl Moore, Councilmember, District 2, 981-7120
20. Increase Percentage Of Bio-Diesel Fuels For City Vehicles (PDF, 211 KB)
From: Councilmembers Worthington and Spring
Recommendation: Refer to the City Manager an increase in the percent of bio-diesel fuels from the current 20 percent to 100 percent or 50 percent in the next invitation for a bid for fuel for city vehicles and that there be a report back to the City Council regarding this referral before the invitation of a bid..
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
21. Iraq Moratorium (PDF, 240 KB)
From: Councilmember Worthington on behalf of Peace and Justice Commission
Recommendation: Adopt a Resolution
endorsing the Iraq Moratorium on October 19, November 16, and December 21, 2007
and every subsequent third Friday of every month until there is an end to the
United States war in Iraq, and urging all of the citizens of the City of
Berkeley to take the Iraq Moratorium pledge and participate in some way in the
Iraq Moratorium campaign until the United States war in Iraq is ended.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
22. Letter To Louisiana Governor, et al In Support Of The Jena 6 (PDF, 34 KB)
From: Councilmembers Worthington, Moore and Anderson
Recommendation:
Direct staff to send
a letter to the Governor of Louisiana, the Louisiana State Attorney General,
the US Justice Department, Federal Bureau of Investigation and the US Attorney
General's office expressing its support for the Jena 6 and urging them to
ensure that constitutional protections are afforded to the six students and
that they receive a just trial.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
Action Calendar – Appeals
23. ZAB Appeal: 2008 Virginia Street (PDF, 1 MB)
Attachment 4 (PDF, 30 MB)
a. From: City Manager
Recommendation: Adopt a Resolution
affirming the ZAB decision to allow the construction of a 1,434 sq. ft.
addition by raising the existing structure approximately 6' to create habitable
space on the ground level, and by expanding the footprint of the building,
thereby creating a two-story, west wing to the existing single-family
residence.
Financial Implications: None
b. Appeal
1. Hallie M. Frazier
Contact: Dan Marks, Planning and Development, 981-7400
Action
Calendar – Council Items
24. Revised Amendments to the Berkeley City Council Rules of Procedure )
a. From: Mayor Bates (PDF, 343 KB
Recommendation: Request that:
1) The City Manager return to Council with a
proposal and cost analysis to move City Council meetings to a venue that is
adequate in size for public participation, accessible for people with
disabilities and seismically safe;
2) Request the City Council accept these revised
amendments to 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: a) Public
Comment on Consent Calendar and Information Items; b) Public Comment on Action
items; c) Appeals appearing on Action Calendar, and d) Public Comment on Non-Agenda
Items; and amend Section E, F and G on Public Hearings, Work sessions and
Public Discussions, respectively.
3) After listening to the public feedback and
discussion at the September 11th Council Work session and Council
meeting, I am submitting these revisions detailing the process for how the
Presiding Officer may allocate public comment speaker time and allow for the
yielding of time to other speakers. The
revisions are in italics, bold print and underlined.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
b. From: Councilmember Worthington (Carried over from September 11, 2007) (PDF, 708 KB)
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: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
c. From: Councilmember Spring (PDF, 390 KB)
Recommendation:
1) Request the City Council accept these revised amendments to 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: a) Public Comment on Consent
Calendar and Information Items; b) Public Comment on Action items; c) Appeals
appearing on Action Calendar; and d) Public Comment on Non-Agenda Items; and
amend Section E, on Public Hearings.
2) After listening to the
public feedback and discussion at the September 11th Council and
receiving Mayor Bates revised amendments, I am recommending the following
amendments which are underlined.
Financial Implications: None
Contact: Dona Spring, Councilmember, District 4, 981-7140
Information Reports
25. Unrepresented Temporary Employees (PDF, 242 KB)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
26. LPC NOD: 2500 Durant Ave. (PDF, 3 MB)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
Public Comment – Items Not Listed on the Agenda
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:
This meeting is being held in
a wheelchair accessible location.
To request a
disability-related accommodation(s) to participate in the meeting, including
auxiliary aids or services, please contact the Disability Services specialist
at 981-6346(V) or 981-7075 (TDD) at least three business days before the
meeting date.
Please refrain from wearing
scented products to this meeting.
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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 October 4, 2007
Pamyla Means, MMC, City Clerk
Communications – 10/09/07 (PDF, 15 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.
Albia Miller
2.
Philip
Studarus
3.
Steve Corchado
4.
Sherwood
Parker
5.
Jenny Wenk
6.
Doug Marshall
7.
Ron Bishop
8.
Ramon
Castellblanch
9.
R. Sheldon
Onstead
10. Jeffrey Taylor
11. Richard Wallace
12. George Wong
13. Brian Nace
14. Carolyn Scarr
15. Eileen Carey
16. Michael Marini
17. J.M. Xena Brenna
BRT
18. Bruce Kaplan
19. Michael Katz
Berkeley Adult Recreational Fields
20. Tim Wagner
Trouble on Telegraph
21. Doris Moskowitz
Inappropriate Street Behavior
22. Barbara Gilbert
Restoration of Codornices Creek
23. Susan Schwartz, Friends of Five Creeks
Berths Assignments at Berkeley Marina
24. Paul Canin
25. Robert Boyvey
Santa Cruz & Vagrancy
26. David McMillion
West Berkeley Plan and Proposed Re-Zoning
27. L. Darlene Pratt
Verizon Antennas [Closed Session Item]
28. Ronnen Levinson