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Regular
Meeting Annotated Agenda |
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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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Annotated agenda
BERKELEY CITY COUNCIL MEETING
Tuesday, OCTOBER 9, 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: 7:16 p.m. All present.
Ceremonial Matters:
1.
Proclamations:
·
Recognizing
Binational Health Week, October 13-21
·
Appreciation
to San Pablo Park Neighborhood Council for the Centennial Celebration
·
Recognizing
National Coming Out Day, October 11, 2007.
2. Certificates of Completion for
the Mayor’s Summer Youth Internship Program
City Manager Comments: October 20 Second Annual
All Storm Day
Public Comment on Consent Calendar Items Only – 7
Consent Calendar
Action: M/S/C (Anderson/Worthington) to adopt Consent Calendar in one motion except as follows: Items 2 & 13 removed for discussion; Items 6 & 12 continued to 10/23/07:
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
Action: Accepted supplemental revised report and adopted Resolution No. 63,842–N.S.
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
Public Comments – 1
Action: Removed from Consent Calendar for discussion. Councilmember Spring made a substitute motion to refer this matter to BAPAC for policy implications and report back in two months. Motion failed. Vote: Ayes – Spring and Worthington; Noes – Maio, Capitelli, Olds, Bates; Abstain – Moore and Anderson. M/S/C (Maio/Capitelli) adopted first reading of Ordinance No. 6,999–N.S. Vote: Ayes – Maio, Moore, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Noes: Spring. Second reading scheduled for October 23, 2007.
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
Action: Adopted Resolution No. 63,843–N.S.
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
Action: Approved minutes as submitted.
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
Action: Adopted Resolution No. 63,844–N.S.
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
Action: Continued to October 23, 2007.
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
Action: Adopted Resolution No. 63,845–N.S.
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
Action: Approved recommendation.
9. Audit: Seniors and Disabled Home Rehabilitation Loan Program (PDF, 303 KB)
From: City Manager
Recommendation: Adopt
a Resolution amending Resolution No. 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
Action: Adopted Resolution No. 63,846–N.S.
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
Action: Adopted Resolution No. 63,847–N.S.
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
Action: Adopted Resolution No. 63,848–N.S.
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
Action: Continued to October 23, 2007.
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
Action: Removed from Consent Calendar for discussion. M/S/C (Moore/Maio) to adopt Resolution No. 63,849–N.S as amended with direction to obtain review and comment from the Public Works Commission regarding details of the classification requirements and level.
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
Action: Adopted Resolution No. 63,850–N.S.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,851–N.S.
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,852–N.S.
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: Approved recommendation.
RECESS 8:33 – 8:43 P.M.
Action Calendar – Appeals
23. ZAB Appeal: 2008 Virginia Street (PDF, 1 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.
b. Appeal
1. Hallie M. Frazier
Contact: Dan Marks, Planning and Development, 981-7400
Action: Appeal withdrawn – no action taken.
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
Public Comments – 7
Action: M/S(Capitelli/Worthington) to approve the Mayor’s recommendation (a) as revised this date. Revisions to the Mayor’s proposal include Public Comment on items on the Consent Calendar; to clarify those items taken from the Consent Calendar when there are three or less persons wishing to speak will be addressed immediately following action on the Consent Calendar. Items removed from the Consent Calendar where there are more than three persons wishing to speak will be considered at the end of items listed under Action. At the request of Councilmember Spring, the main motion was severed to vote separately on the proposal with respect to “Appeals Appearing on Action Calendar” (land use determinations) amended this evening to provide for a period of seven minutes to the appellant and seven minutes to the project applicant. Vote: Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates; Noes – Spring, Worthington. Main motion carried. Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates.
Information Reports
25. Unrepresented Temporary Employees (PDF, 242 KB)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.
26. LPC NOD: 2500 Durant Ave. (PDF, 3 MB)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Received and filed.
Public Comment – Items Not
Listed on the Agenda – 2
Adjournment – 9:51 p.m. in honor of Jane Jackson
Communications – 10/09/07 (PDF, 15 KB)
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
Supplemental Communications 1 (PDF, 10 KB)
Item 1: Adoption of Findings - U-Haul
Company, 2100 San Pablo Avenue
29.
Marco Gonzalez
Item 2: Sale of Center Street Garage
Setback Easement to SNK
30.
Barbara
Gilbert
Item 12: Memorandum Of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227
31. Barbara Gilbert
Item 24: Revised Amendments to the
Berkeley City Council Rules of Procedure
32.
Jim Fisher,
Gene Benardi and Jane Welford, on behalf of SuperBOLD
Supplemental Communications and Reports 2 (PDF, 10 KB)
Item 1: Adoption of Findings - U-Haul
Company, 2100 San Pablo Avenue
·
Supplemental
report, submitted by City Attorney (PDF, 573 KB)
Item 23: ZAB Appeal: 2008 Virginia
Street
33.
Rena Rickles
Item 24c: Revised Amendments to the
Berkeley City Council Rules of Procedure