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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, November 27, 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: 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 Revisions to Berkeley Municipal Code 13.46 (Indoor Entertainment Events) (PDF, 199 KB)
From: City Manager
Recommendation: Adopt second reading of
Ordinance 7,004–N.S amending Berkeley Municipal Code Chapter 13.46 Indoor
Entertainment Events.
First Reading Ayes – Maio, Moore,
Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – None.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
2. Downtown Berkeley Business Improvement District (PDF, 835 KB)
From: City Manager
Recommendation: Adopt a Resolution
approving the 2008 Annual Report of the Downtown Berkeley Business Improvement
District (BID); declaring Council's intention to levy an annual assessment for
the Downtown Berkeley Business Improvement District for calendar year 2008; and
directing the City Clerk to schedule a public hearing for December 18, 2007, to
consider levying a renewed assessment for the year 2008.
Financial Implications: Downtown BID Fund - $250,000
Contact: Michael Caplan, Economic Development, 981-7530
3. Minutes for Approval (PDF, 283 KB)
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of October 23, 2007 (closed and regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
4. Revised December 2007 City Council Meeting Schedule (PDF, 237 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution 63,559-N.S. to revise the City Council regular meeting
schedule for December 2007.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
5. Formal Bid Solicitations and Request for Proposals (PDF, 254 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: See report
Contact: Robert Hicks, Finance, 981-7300
6. Safety Members' Pension Fund Annual Reports for FY 2007 (PDF, 402 KB)
From: City Manager
Recommendation: Accept the Safety Members Pension Fund (SMPF) annual reports for fiscal year ended June 30, 2007.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
7. Contract 7282 Amendment: Housing Retention Program Fiscal Agent (To be delivered) (PDF, 186 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the contract amount (Contract No. 7282) for Berkeley Food and Housing Project (BFHP) by $166,123 to provide fiscal agent services to the City’s Housing Retention Program, formerly the Homeless Prevention Grants Program.
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
8. Lease Agreement: Property at 711 Harrison Street (To be delivered) (PDF, 186 KB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with Building Opportunities for Self-Sufficiency to lease a
City-owned parcel of property to be created at 711 Harrison Street for the
continued operation of emergency shelter and transitional housing at the site,
and to allow BOSS to apply for State of California financing to rehabilitate
the existing facility.
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
9. Recognition of Service Employees International Union Local 1021 (PDF, 186 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute and implement a Side Letter of
Agreement with Service Employees International Union (SEIU) to recognize SEIU
Local 1021 as the sole and exclusive representative for employees assigned to
Representation Units currently represented by SEIU Local 790, Local 535, and
the Part-Time Recreation Leaders Association/SEIU Local 535.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
10. Agreement: Build It Green (PDF, 270 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement with Build It Green for the period September 15,2007 through September 14, 2009 in the amount of $50,040 for development of a solar energy program.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with East Stockton Transfer Recycle to sort construction and demolition waste for an annual amount not to exceed $1,382,500 in FY 2008 and a total contract amount not to exceed $5,727,500 for FY 2008, FY 2009 and FY 2010, for the period November 12, 2007 to June 30, 2010.
Financial Implications: Refuse Fund - $1,382,500
Contact: Claudette Ford, Public Works, 981-6300
12. Contract: Kappe + Du Architects for On-Call Architectural Services (PDF, 249 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with Kappe + Du
Architects in an amount not to exceed $100,000 to provide on-call architectural
services for various City facility projects for a period of 42 months from
December 1, 2007 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
13. Easement Agreement: 1310 University Avenue - Berkeley Montessori School Providing Public Access (PDF, 1.4 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Easement Agreement granting public access on a 10-foot wide path through the property at 1310 University Avenue between the owner of the property, Berkeley Montessori School, and the City of Berkeley for a continuation of a pedestrian and bicycle path along West Street and south of University Avenue to Strawberry Park at Addison Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
14. Designation of New FEMA Pre-Disaster Mitigation Grant Authorized Agents (PDF, 246 KB)
From: City Manager
Recommendation:
Adopt a Resolution
designating the Public Works Director, Deputy City Manager, and Budget Manager
as authorized agents for the FEMA Pre-Disaster Mitigation Grant for the
Ratcliff Building Seismic Retrofit project.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
15. Contract: Noll & Tam Architects for On-Call Architectural Services (PDF, 249 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with Noll
& Tam Architects in an amount not to exceed $100,000 to provide on-call
architectural services for various City facility projects for a period of 42
months from December 1, 2007 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
16. Proposed General Assistance Budget Reductions in FY08 (PDF, 186 KB)
From: Homeless Commission
Recommendation: Adopt a Resolution opposing the County of Alameda's Social Service Agency's plan to limit General Assistance to six months of the year in this fiscal year for people the Agency determines are "employable".
Financial Implications: None
Contact: Jennifer Vasquez, Commission Secretary, 981-5400
Council Consent Items
17. Priority Permit Process for Green Buildings Initiative (PDF, 238 KB)
From: Councilmember Olds
Recommendation: Request that the City Council refer to the Planning Commission the concept of giving priority in the permit process to buildings that will use environmentally sound practices and return to the City Council with recommendations for standards of eligibility and a process that can be adopted by the Planning Department.
Financial Implications: Unknown
Contact: Betty Olds, Councilmember, District 6, 981-7160
18. Urging The State Department Of Pesticide Regulation To Refuse Approval Of Methyl Iodine For Use In California (PDF, 186 KB)
From: Councilmember Worthington
Recommendation: Send a letter to the state Department of Pesticide Regulation urging them to refuse approval of methyl iodine use in California.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
19. Opposing the Lockout of Workers at Metro Lighting (PDF, 186 KB)
From: Councilmember Worthington
Recommendation: Express opposition to the lockout of workers at Metro Lighting in Berkeley
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
20. Support Of Increased Internet Access And Protections For Workers And Consumers (PDF, 186 KB)
From: Councilmember Worthington
Recommendation: Adopt Resolutions establishing City policy that all employees who enter homes for utility work must be employees of a utility franchise holder; establishing a city policy establishing standards for users of the public right of way and requiring that they must be employees of a franchise holder; and endorsing the Speed Matters initiative.
Resolution A: Establishing a City of Berkeley policy to require that all employees who enter homes for utility work should be employees of a utility franchise holder.
Resolution
B: Establishing standards for users of the public right of way and requiring
that all users should be employees of a franchise holder
Resolution
C: Endorsing speed matters initiative.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
From: Councilmember Worthington
Recommendation: Send a letter to the U.S. Department of the Interior opposing the leasing of any land north and east of the Teshekpuk Lake in the National Petroleum Reserve in Alaska.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action Calendar - Public Hearings
22. Ambulance User Fee Increase (PDF, 273 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution increasing the Ambulance User Fee to match the Alameda County's ambulance user fee schedule set and approved by the Alameda County Board of Supervisors effective October 1, 2007, included as an updated addendum to the Ambulance Provider Agreement.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
23. Adoption of the 2007 California Fire Code with Local Amendments (PDF, 294 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion,
1. Adopt second reading of Ordinance 7,003–N.S. repealing and re-enacting the Berkeley Fire Code Chapter 19.48 and related procedural and stricter provisions.
2. Adopt a Resolution reenacting BMC Chapter 19.48 and related
procedural and stricter provisions to take effect on January 1, 2008.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
24. Adoption of Berkeley Building Codes (PDF, 548 KB)
From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion,
1. Adopt
second reading of Ordinance 7,005–N.S.repealing and re-enacting the Berkeley
Building, Electrical, Mechanical and Plumbing Codes and related procedural and
stricter provisions in BMC Chapters 19.28, 19.30, 19.32 and 19.36; 2. Adopt a Resolution (Attachment 2) setting
forth findings of local conditions that require more stringent regulations than
those provided by the 2007 California Building Code and rescinding Resolution
No. 60,862-N.S.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
25. ZAB Appeal: 1365 Summit Road (PDF, 3.4 MB)
a. From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution to modify the Zoning Adjustments Board’s approval of 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, incorporating changes agreed to by both the applicant and the appellant.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Robin Gal
c. Communications
None
26. Tract Map Appeal: 1423 Walnut Street (PDF, 1.4 MB)
From: City Manager
Recommendation: Conduct a public hearing and adopt a resolution affirming the Notice of Decision (NOD) for converting five (5) units at 1423 Walnut to condominiums. The 50-day action period expired on July 6, 2007 without action by the Planning Commission as required by State law and the applicant declined the Planning Department's request for an extension of the time period. Therefore, this five-unit residential condominium conversion project was approved, with conditions, by operation of law on July 6, 2007.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. 1423 Walnut, LLC
c. Communications
None
Action Calendar - New Business
27. Emergency Actions Related to San Francisco Bay Oil Spill (To be delivered) (PDF, 186 KB)
From: City Manager
Recommendation:
1 Ratify
the City Manager’s proclamation of emergency related to San Francisco Bay oil
spill.
2. Confirm the City Manager’s emergency
proclamations regulating:
a. Public
access to the shoreline
b. Boat
washing
c. Dogs off-leash at the Berkeley Marina
Financial
Implications: None
Contact: Phil Kamlarz, City Manager, 981-7000
28. Public Commons for Everyone Initiative (PDF, 568 KB)
a. From: City Manager
Recommendation: Council to approve the following plan to improve Berkeley’s public areas to make them safer and healthier environments for everyone:
1) Direct City Manager to raise parking meter fees $.25/hour to support services and capital improvements.
2) Contingent upon funding approval, direct City Manager to implement services and capital improvements that include: increasing accessibility to public toilets; providing for additional permanent supportive housing, transitional age youth programs, SSI benefits advocacy, an additional outreach worker, and centralized homeless intake system; developing a Berkeley Host Program; providing additional public seating and trash receptacles; and investigating future development of a community court.
3) Discussion and possible adoption which would include first reading of ordinances and amendment to a resolution as follows:
a. Amend BMC 13.36.015 to extend restriction on lying on certain commercial sidewalks during daytime hours to all commercial zones; and
b. Amend BMC 12.70 to ban smoking in various locations in the City, including sections of commercial zones, recreation areas, and near health facilities; and
c. Amend Resolution 61,042 to require one warning and no complaint to enforce public lodging provision of Penal Code 647j, with enforcement to remain a low priority between 10:00 p.m. and 6:00 a.m.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
b. From: Homeless Commission (PDF, 253 KB)
Recommendation: The Homeless Commission recommends that the Mayor and City Council support the City Manager's proposal to further research and develop the social services component of PCEI's implementation strategy and to formally require that the Homeless Commission be involved in the ongoing PCEI discussion and review potential funding that may be recommended to expand homeless services programs.
Financial Implications: See report
Contact: Jennifer Vasquez, Commission Secretary, 981-5400
c. From: Peace and Justice Commission (Information Report) (PDF, 278 KB)
Contact: Manuel Hector, Commission Secretary, 981-5100
d. From: Human Welfare and Community Action Commission (To be delivered) (PDF, 186 KB)
Recommendation: The Human Welfare and Community Action Commission recommends that the Mayor and City Council support the City Manager’s proposal to increase essential social services as well as changes in the enforcement of clearly defined rules that prohibit behavior that make members of the public feel unsafe or threatened.
Financial Implications: See report
Contact: Angellique De Coud, Secretary, Human Welfare and Community Action Commission, 981-5400
e. From: Community Health Commission (PDF, 236 KB)
Recommendation: That the Public Commons for Everyone Initiative address the over concentration of alcohol outlets and incorporates input from the Berkeley Alcohol Policy Advocacy Coalition.
Financial Implications: See report
Contact: Kimi Sakashita, Commission Secretary, 981-5300
Action Calendar – New Council Items
29. Ed Roberts Campus (PDF, 186 KB)
From: Mayor
Recommendation: Adopt a Resolution authorizing the City Manager to allocate $2 million to the Ed Roberts Campus (ERC) to partially match $4.5 million in new funds from the Metropolitan Transportation Commission (MTC) for the construction of the Ed Roberts Campus (ERC). The funding would come from a transfer of $1.5 million from the Aquatic Park Sound Wall project and $500,000 of General Fund Capital Projects. Request the City Manager return to Council with a report on the impacts to the Deferred Capital Projects
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Information Reports
30. Solano Avenue Business Improvement District (PDF, 1.1MB)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
31. Parcel-Based Special Taxes, Fees and Assessments Audit -- Status Report (PDF, 263 KB)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
32. Dredging in Aquatic Park (To be delivered) (PDF, 186 KB)
From: City Manager
Contact: Claudette Ford, Public Works, 981-5400
33. Underground Policy for Rule 20A Monies (PDF, 237 KB)
From: Public Works Commission
Contact: Jeff Egeberg, Secretary, Public Works Commission, 981-5400
Public Comment –Including 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 |
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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 November 19, 2007
Pamyla Means, MMC, City Clerk
Communications – 11/27/07 (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 2: Downtown Berkeley Business Improvement District
1. John Roberts
Support for Cedar Street No. 19 Bus Line
2. Kent Lewandowski
Departing City Attorney
3. Peter Mutnick
Cell Phone Towers
4. Peter Mutnick
Code Enforcement Review Commission
5. Carrie Olson, Berkeley Architectural Heritage Association
Neighborhood Harassment*
6. Charles Jackson
* Photos on file at City Clerk’s Office