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Regular
Meeting eAgenda |
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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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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, OCTOBER 23, 2007
7:00
P.M.
Council Chambers – 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Tom Bates, Mayor
Councilmembers:
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District 1 – Linda Maio |
District 5 – Laurie
Capitelli |
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District 2 – Darryl Moore
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District 6 – Betty Olds |
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District 3 – Max Anderson
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District 7 – Kriss
Worthington |
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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. Sale of Center Street Garage Setback Easement to SNK (PDF, 217 KB)
From: City Manager
Recommendation: Adopt
second reading of Ordinance 6,999-N.S. 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
2. Amendment to FY 2008 Annual Appropriations Ordinance (PDF, 1 MB)
Recommendation:
Adopt first reading of an Ordinance amending the FY
2008 Annual Appropriations Ordinance No. 6,935–N.S. for fiscal year 2008 based
upon recommended re-appropriation of committed FY 2007 funding and other
adjustments authorized since July 1, 2007, in the amount of $61,848,111 (gross)
and $52,178,359 (net).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
3. Revised November 2007 City Council Meeting Schedule (PDF, 299 KB)
From: City Manager
Recommendation: Adopt
a Resolution amending Resolution 63,559-N.S. to revise the City Council regular
meeting schedule for November 2007.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
4. Formal Bid Solicitations and Request for Proposals (PDF, 256 KB)
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: General fund - $200,000
Contact: Robert Hicks, Finance, 981-7300
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
6. Purchase Orders: FY08 - Interior Motions (PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute purchase orders in FY08 with Interior
Motions, a supplier of furniture, in an amount not to exceed $250,000.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
7. Lease: 1013 Pardee Street No. 105 (PDF, 294 KB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing a new one year lease from October 1, 2007 to September
30, 2008 for an existing warehouse at 1013 Pardee Street, No.105 (alternate
address of 2700 10th Street) for the storage of fire and police equipment,
emergency supplies and equipment.
Financial Implications: Measure Q, Budget Code -
$138,293
Contact: Debra Pryor, Fire, 981-3473
8. Winter Homeless Shelter Programs (PDF, 254 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager:
1) To increase the allocation for operating costs for Winter Shelter Program
by $10,000;
2)
To enter into a Memorandum of Understanding with the City of Oakland,
Department of Human Services, in an amount not to exceed $66,000 for operation
of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
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
From: City Manager
Recommendation: Adopt the first reading of
an Ordinance to amend Ordinance No 6,749-N.S., the City of Berkeley Deferred
Compensation Plan to add a new Article XIII, Purchase of Additional Retirement
Service Credit from the California Public Employees' Retirement System
(CalPERS).
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
11. Classification: Transportation Manager (PDF, 387 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 Transportation Manager with a salary range of $9,230 - $11,219 per month effective November 1, 2007.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend Contract No. 6840C with Innovative Technologies, for consulting services
related to the new Public Safety Computer System, in the amount of $4,000 for a
total contract amount not to exceed $117,625, and to extend the term until
November 30, 2007.
Financial Implications: General Fund - $4,000
Contact: Donna LaSala, Information Technology, 981-6500
13. Contract: Berkeley Tuolumne Camp Master Plan - 2M Associates, Inc. (PDF, 255 KB)
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute a contract with 2M Associates, Inc. to
prepare a Master Plan for Berkeley Tuolumne Camp for an amount not to exceed
$75,000 for the period October 24, 2007 to December 31, 2008.
Financial Implications: General fund - $75,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
14. Revised Grant Application: Workforce Housing Reward Program (PDF, 247 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to accept a $149,719 Workforce Housing Reward
Program grant from the State of California, Department of Housing and Community
Development for improvements to Downtown BART Plaza; and to execute the
resultant revenue agreement and any amendments thereto.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
15. Contract: Mills Act: 2130 Center Street (PDF, 853 KB)
From: City Manager
Recommendation: Adopt a Resolution to
direct the City Manager to enter into a Mills Act contract for 2130 Center
Street.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
16. Contract: Mills Act: 2947-53 College Avenue (PDF, 706 KB)
From: City Manager
Recommendation: Adopt a Resolution to
direct the City Manager to enter into a Mills Act contract for 2947-53 College
Avenue.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
17. Contract: Marks Traffic Data Inc for On-Call Traffic Consulting Services PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract with Marks Traffic Data,
Inc., for on-call traffic consulting service in an amount not to exceed $50,000
for the period December 15, 2007 through December 14, 2009 with an option for a
one-year extension.
Financial Implications: CIP Fund: $50,000
Contact: Claudette Ford, Public Works, 981-6300
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to the Contract No. 6927A
with Korve Engineering, now known as DMJM Harris, for on-call traffic
engineering services; increasing the amount by $50,000 for a new total contract
amount not to exceed $140,000; and extending the term to December 31, 2008.
Financial Implications: Capital Improvement Fund - $50,000
Contact: Claudette Ford, Public Works, 981-6300
19. Contract Amendment: City CarShare for Pilot Accessibility Program (PDF, 249 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend Contract No. 6475 with City CarShare for
the development of a pilot Accessibility Program, including the acquisition of
a wheelchair accessible vehicle, increasing the contract by $25,000 for a total
amount not to exceed $438,000 for the period August 1, 2004 to June 30, 2009.
Financial Implications: General fund - $25,000
Contact: Claudette Ford, Public Works, 981-6300
20. Housing Incentive Program (HIP) Application for Ed Roberts Campus (PDF, 186 KB)
Notice of Revision (PDF, 20 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Metropolitan Transportation Commission (MTC) for funds in the amount of $544,000 for transportation enhancements related to the Ed Roberts Campus at the Ashby BART Station; allocating and committing $62,525 in countywide sales tax Measure B Bicycle/Pedestrian funds to provide the City’s matching funds of 11.47%; and accept the grant, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
21. City of Sanctuary for Conscientious Objectors (PDF, 240 KB)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution reaffirming the City of Berkeley as a City of Sanctuary for United States military personnel seeking Conscientious Objector Status, and extending Berkeley as a City of Sanctuary for those otherwise seeking to avoid participating in the Occupation of Iraq or in combat operations in Iraq, Afghanistan or other targets of United States wars for moral, ethical or religious reasons or out of respect for international laws, including the Nuremberg Principles, some of whom may have been classified as AWOL or deserters.
Financial Implications: None
Contact: Manuel Hector, Commission Secretary, 981-5100
Council Consent Items
22. Mayor's Office Funding for Ecology Center's Environmental Summit (PDF, 249 KB)
From: Mayor Bates
Recommendation: Authorize the payment of
$250 from the Mayor's discretionary budget to the Ecology Center to help fund
their second annual Sustainability Summit.
Financial Implications: Mayor's Budget - $250
Contact: Tom Bates, Mayor, 981-7100
23. Support Teleconferencing for Commissions (PDF, 209 KB)
From: Councilmembers Moore and Wozniak
Recommendation: Direct the City Manager to explore the possibility for requests for teleconferencing by commission or task force chairperson when members have a good reason that they are unable to attend meetings in person and for the City Manager to return with a proposal on the December 18th meeting.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
24. Schedule Presentation: United in Action on the Subject of the Academic Achievement Gap (PDF, 213 KB)
From: Councilmember Moore
Recommendation: Schedule a short presentation from United In Action for the November 6, 2007 City Council meeting.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
25. Honoring Theodore David Gartner (PDF, 209 KB)
From: Councilmember Moore
Recommendation: Adopt a Resolution in
honor of the brilliant life of Ted Gartner.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
26. Be Fit Berkeley Campaign - Voluntarily Transfer Of Funds (PDF, 383 KB)
From: Councilmembers Capitelli and Moore
Recommendation: Authorize Councilmembers to voluntarily transfer funds, not to exceed $500 from Council Member Office budgets to the Public Health Department in support of the “Be Fit Berkeley” Campaign.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
27. Developing a City Preferred Alternative for Bus Rapid Transit (PDF, 267 KB)
From: Councilmembers Capitelli and Worthington
Recommendation: Direct the Planning Commission, in
collaboration with the Transportation Commission and staff, to develop a City
preferred alternative for the Bus Rapid Transit (BRT) system under
consideration by AC Transit, and, if funding for the process is received from
AC Transit in a timely manner, to complete its deliberations by March 1, 2008,
and to report back to the Council no later than March 25, 2008.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
28. Reinstating Funding to Berkeley Food and Housing Project (PDF, 209 KB)
From: Council member Worthington
Recommendation: Adopt a Motion to
reinstate funding to the Berkeley Food and Housing Project immediately or refer
it to the mid-year budget process.
Financial Implications: General Fund - $23,567
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
29. Political Situation in Myanmar/Burma (PDF, 274 KB)
From: Council member Worthington
Recommendation: Adopt a the Resolution drafted by the Peace and Justice Commission urging the government of Myanmar/Burma to immediately cease the use of violence in suppression of non-violent protests by it’s citizens, cease the detention of political prisoners and release those currently held, restore communications within and outside the county including telephone, cellular, and Internet services, and enter into sincere negotiations with leaders of the movement for democracy and human rights in Mynamar/Burma.
Financial Implications: General Fund - $23,567
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action Calendar - Appeals
30. ZAB Appeal: 1365 Summit Road (PDF, 5 MB)
1. From: City Manager
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board to approve Use Permit
No. 06-10000105 for the demolition of
the existing home at 1365 Summit Road and to permit its replacement with a new
single family residence.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Robin Gal
c. Communications
1. Carol Shen, FAIA
Action Calendar - Public Hearings
a. From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit #04-10000068 for a new wireless telecommunications facility (including six antennas and related equipment) for Nextel Communications at 2721 Shattuck Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
1. Corey Alvin (representative for Nextel
Communications, applicant/appellant)
c.
Communications (Received after July 16,
2007)
None
32. ZAB Appeal: 2721 Shattuck Avenue – Verizon (No new information submitted after July 16, 2007)(PDF, 8 MB)
a. From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1.
James Singleton (representative for Verizon
Wireless, applicant/appellant)
c. Communications (Received after July 16, 2007)
1. Mackenzie and Albritton, LLP
2. Sharam Shahruz
3. Raymond Barglow
Action Calendar - New Business
33. Contract: Carpenter And Company, Downtown Hotel Consulting (PDF, 248 KB)
From: City Manager
Recommendation: Accept funds up to $50,000 from Carpenter and Company, the developers of the proposed Downtown Hotel and Conference Center at the Northeast Center and Shattuck, to be used to pay for project-related consultation services including financial feasibility analysis and review of possible mechanisms to provide tax abatement or other subsidies to render the project feasible; and to direct the City Manager to negotiate and execute a sole source contract with Keyser Marston and Associates (“Keyser Marston”) for consultation services (time and materials) to implement this work in an amount not to exceed $50,000.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
From: City Manager
Recommendation: Provide direction to staff regarding the preparation of City initiated ballot measures to be submitted to the voters at the November 4, 2008 General Municipal Election.
Financial Implications: See report
Contact: Pamyla Means, City Clerk, 981-6900
Information Reports
35. Update: NetFile Online Campaign Report Filing and Tracking (PDF, 236 KB)
From: City Manager
Contact: Pamyla Means, City Clerk, 981-6900
36. Animal Shelter Reconstruction: 2013 Second Street (PDF, 247 KB)
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
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: |
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2180 Milvia Street |
Main - 2090 Kittredge Street |
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Tel: 510-981-6900 |
Claremont Branch – 2940 Benvenue |
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TDD: 510-981-6903 |
West Branch – 1125 University |
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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.
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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 October 18, 2007
Pamyla Means, MMC, City Clerk
Communications – 10/23/07 (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.
Item 9: Memorandum Of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227
1.
Sharon Hudson
Item 30: Developing a City Preferred Alternative for Bus Rapid Transit
2. Alan Tobey
3. Benjamin Grant
Pubic Commons
4. Marianne Robinson
5. Barbara Gilbert
Berkeley Pools
6.
Bill Hamilton,
Barbara Steuart and Stephen Swanson, on behalf of Pools for Berkeley
Albany Bulb
7.
Barbara
Gilbert
Public Comment Procedure
8.
Jane Welford,
Jim Fisher and Gene Bernardi, on behalf of SuperBOLD
Old City Hall
9.
Carrie
Sprague, Lynne Davis and J. Michael Edwards, on behalf of the
McGee-Spaulding-Hardy Historic Interest Group