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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:
*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. |
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BERKELEY CITY COUNCIL REGULAR MEETING
Tuesday, December 11, 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
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 Non-Agenda Matters: Five persons selected by lottery, will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.
Presentation - United in Action on the Subject of the Academic Achievement Gap
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.
In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.
Consent Calendar
The
Council will first determine whether to move items on the agenda for action or
“Information” to the “Consent Calendar”, or move “Consent Calendar” items to
action. Items that remain on the
“Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or
acted upon at the Council meeting unless they are moved to “Action” or
“Consent”.
After
hearing from public speakers regarding items remaining on the Consent Calendar,
any Council Member may move any Information or Consent item to “Action”,
however no additional items can be moved onto the Consent Calendar at that
point. Following this, the Council will
vote on the items remaining on the Consent Calendar in one motion.
For items removed from the Consent Calendar to the
Action Calendar for additional public comment, at the time the matter is taken
up during the Action Calendar, public comment will be limited to persons who
have not previously addressed that item during the Consent Calendar related public
comment period.
1. Lease Agreement: Property at 711 Harrison Street (PDF, 275 KB)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,006–N.S. 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
2. Easement Agreement: 1310 University Avenue - Berkeley Montessori School Providing Public Access (PDF, 442 KB)
From: City Manager
Recommendation: Adopt second reading of Ordinance 7,007–N.S. 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
3. Public Commons for Everyone Initiative
From: City Manager
Recommendation:
1) Adopt second reading of Ordinance 7,008–N.S (PDF, 193 KB) amending Berkeley Municipal code section 13.36.015 regulating lying on sidewalks and the number of dogs on sidewalks at certain times and places.
2) Adopt second reading of Ordinance 7,009–N.S.(PDF, 200 KB) amending the Berkeley Municipal Code, section 12.70.010, legislative findings, Section 12.70. 020, definitions, 12.70.030, locations where smoking is prohibited, and Section 12.70.120, Enforcement, expanding the locations at which smoking is prohibited and clarifying enforcement responsibilities.
Financial Implications: None
Contact: Phil Kamlarz, City Manager, 981-7000
4. Ordinance Establishing Operating Standards for Alcohol Outlets and Fee Options (PDF, 287 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance establishing operating standards and an inspection program for alcohol establishments with the second reading scheduled on January 15, 2008.
Financial Implications: See report
Contact: Zach Cowan, Acting City Attorney, 981-6950
5. Ratify – Continue Disaster Proclamation related to San Francisco Bay Oil Spill
a. From: City Manager (PDF, 186 KB)
Recommendation: Confirmation of the continuance of a declaration of disaster through Resolution No. 63,887–N.S. Reviewing and Ratifying the Proclamation of Emergency by the Director of Emergency Services and Resolution No. 83,888–N.S. Reviewing and Confirming Emergency Rules and Regulations Issued by the Director of Emergency Services adopted November 19, 2007 relative to Bay Oil Spill
Financial Implications: None
Contact: Phil Kamlarz, City Manager, 981-7000
b. From Councilmember Spring (PDF, 189 KB)
Recommendation: Write a letter to our federal representatives, with copies to applicable agencies such as the Coast Guard, suggesting that they pass the following legislation:
1) Work for an international ban on the use of “bunker oil” in sea or
waterway traveling ships or boats.
2) Work for an international requirement that all water traveling vehicles must
have double hull containment of oil or other toxic materials that could contaminate waterways.
3) Require that the owners of ship barges/tankers maintain contracts with on-call cleanup companies at US ports so that there is an immediate response for containment and cleanup should any toxic substances leak from a vessel.
Financial Implications: None
Contact: Dona Spring, Councilmember, District 4, 981-7140
6. Formal Bid Solicitations and Request for Proposals (PDF, 253 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
7. Issuance of General Obligation Bonds - Measure I - Animal Shelter Project (PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of $7,200,000 aggregate principal amount of general obligation bonds, series 2008 (Measure I - Animal Shelter Project), and authorizing actions related hereto.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
8. Designate the Line of Succession for the Director of Emergency Services (PDF, 237 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 63,127-N.S.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
9. Adopt Amendments to the Fire Permit and Inspection Fee Schedule (PDF, 283 KB)
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 62,535–N.S. and re-adopting amendments to the Annual Permit and Fire Inspection Fee Schedule.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
10. Contract 5894 Amendment: Sponsor-Based Shelter Plus Care (PDF, 248 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment (No. 5894) with Bonita House, Inc. to operate as Sponsor under the Shelter Plus Care Program and receive Housing Assistance Payments for an amount not to exceed $112,908 for the period of June 1, 2007 through June 30, 2008.
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
11. Contract No. 7292 Amendment: Increase Dorothy Day House Contract (PDF, 242 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the two-year contract with Dorothy Day House (DDH) by $29,790 to cover the costs to lease space from Trinity United Methodist Church (Trinity) where DDH provides homeless services for a total amount not to the exceed $127,420 ($58,745 in FY 2008 and $68,675 in FY 2009).
Financial Implications: See report
Contact: Renelda Mary, Housing, 981-5400
12. Classification: Assistant Traffic Engineer (PDF, 208 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise the classification of Assistant Traffic Engineer and increase the salary range to $6,577 - $7,927 effective December 16, 2007.
Financial Implications: General Fund - $6,875
Contact: David Hodgkins, Human Resources, 981-6800
13. Personnel Rules and Regulations Amendment (PDF, 261 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 60,776–N.S., the Personnel Rules and Regulations, Section 9.03 - Promotion Through a Non-Competitive Personnel Action - to add the unlicensed classification of Traffic Engineering Assistant and the licensed classification of Assistant Traffic Engineer.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
14. Classification: Watershed Resources Specialist (PDF, 256 KB)
From: City Manager
Recommendation: Adopt a Resolution amending 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 - $104,360
Contact: David Hodgkins, Human Resources, 981-6800
15. Fee Assessment - State of California Self-Insurance Fund (PDF, 249 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for fiscal year 2008 fee assessed for administering the Workers' Compensation Program, in an amount not to exceed $120,000.
Financial Implications: Workers' Compensation Self-Insurance Fund, $120,000.
Contact: David Hodgkins, Human Resources, 981-6800
16. Classification: Public Health Program Physician - Deputy Health Officer (PDF, 214 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise and retitle the classification of Public Health Program Physician (Certified) to Public Health Program Physician- Deputy Health Officer and abolish the Public Health Program Physician classification effective December 1, 2007.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
17. Lease Amendment, 2118 Milvia Street (PDF, 494 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease amendment with N.E.W. Milvia Property, LLC, the successor in interest to NORA E. WAGNER, TRUSTEE UTD for real property located at 2118 Milvia Street for the purpose of leasing 3,774 square feet of additional office space for the Planning and Development Department for the approximate period Jan. 18, 2008 and continuing through August 31, 2011. Upon execution of the lease, the Planning and Development Department will occupy the whole building at 2118 Milvia Street.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400
18. Interstate 80 Integrated Corridor Mobility Project (PDF, 653 KB)
From: City Manager
Recommendation: Adopt a Resolution supporting the Interstate-80 (I-80) Integrated Corridor Mobility (ICM) Project, the Project Concept and the Funding Plan.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
19. Contract No. 7442 Amendment: Lincoln & Associates for Executive Recruitments (PDF, 247 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7442 with Lincoln & Associates, increasing the not to exceed amount to $52,500, adding recruitment for the Transportation Manager to the scope of services, and extending the term of the contract by four months to June 30, 2008.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
20. Contract No. 7260A Amendment: Environmental Delivery Services, Inc. (PDF, 213 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7260A with Environmental Delivery Services, Inc. for food scrap pail delivery and labeling services, increasing the amount by $30,422 for a total amount not to exceed $80,647, for the period March 1, 2007 through December 31, 2007.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
21. Contract No. 7055A Amendment: Securitas Security Services (PDF, 250 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7055A with Securitas Security Services USA, Inc., for security guard services at the Corporation Yard, Solid Waste Center and Berkeley Marina for the period July 1, 2007 to June 30, 2008, in an amount not to exceed $300,095; and approving the option to extend the contract through FY 2009 in an amount not to exceed $309,158, based on availability of funds. The total amount of the contract from FY 2007 through FY 2009 will not exceed$851,628.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
22. Contract No. 6278 Amendment: St Vincent de Paul Society for Mattress Recycling (PDF, 247 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6278 with St. Vincent de Paul Society of Lane County, Inc. to haul and recycle mattresses from the Berkeley Transfer Station, increasing the amount by $88,000 for a total amount not to exceed $338,000, and extending the term one-year to include the period February 1, 2004 to June 30, 2008.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
23. Grant Application: New Freedom Program for Ed Roberts Campus (PDF, 245 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the New Freedom Program administered by the Metropolitan Transportation Commission for funds in an amount not to exceed $735,200 for transportation and accessibility enhancements related to the Ed Roberts Campus at the Ashby BART Station accept the grant, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Council Consent Items
24. Discretionary Budget Allocation: Building Opportunities for Self-Sufficiency (PDF, 239 KB)
From: Councilmember Maio
Recommendation: Adopt a resolution approving the expenditure of $250 to Building Opportunities for Self-Sufficiency (BOSS) with funds from Councilmember Maio’s discretionary budget (D-13) to support their 35th Anniversary Celebration on May 8, 2008, which is a fundraiser to support their ongoing program.
Financial Implications: Councilmember Maio’s Discretionary Fund - $250
Contact: Linda Maio, Councilmember, District 1, 981-7110
25. General Fund Allocation: East Bay Housing Organizations (PDF, 238 KB)
From: Councilmember Maio
Recommendation: That the City Of Berkeley officially become a member of East Bay Housing Organizations (EBHO) for $500.
Financial Implications: General Fund - $500
Contact: Linda Maio, Councilmember, District 1, 981-7110
26. Downtown Street Cleaning (PDF, 191 KB)
From: Councilmember Spring
Recommendation: Request that the City Manager return to Council with a plan for improving the cleaning of streets in the downtown area, including the feasibility of limiting overnight parking on some downtown streets occasionally so that streets can be thoroughly cleaned and to report back to Council within four months.
Financial Implications: None
Contact: Dona Spring, Councilmember, District 4, 981-7140
27. Schedule Presentation: Independent Oil Berkeley (PDF, 233 KB)
From: Councilmember Spring
Recommendation: Allow a brief presentation at the December 18, 2007 Council meeting from Independent Oil Berkeley, a grassroots citizen activist group planning the transition to fossil fuel free era in Berkeley.
Financial Implications: None
Contact: Dona Spring, Councilmember, District 4, 981-7140
28. Opposition to Initiative 1248 - California Property Owners and Farmland Protection Act (PDF, 233 KB)
From: Councilmember Worthington
Recommendation: Express opposition to Initiative 1248, the California Property Owners and Farmland Protection Act which undermines environmental protections, local control over land use, and affordable housing laws.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
29. Opposition to Unfair Gaming Initiatives, Propositions 94-97 (PDF, 233 KB)
From: Councilmember Worthington
Recommendation: Express opposition to the four unfair gaming initiatives (Propositions 94, 95, 96 and 97) on the February 2008 ballot, which will allow for fewer limits on the growth of casinos in California while providing fewer environmental, labor and taxpayer benefits.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
From: Councilmembers Worthington ,Moore and Anderson
Recommendation: Adopt a Resolution regarding subprime lending and foreclosures, recommending policies to address foreclosures in the City of Berkeley, and endorsing House Resolution 1852, the Expanding America Homeownership Act.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
31. Support for Prevention Through Affordable Access Act (PDF, 210 KB)
From: Councilmembers Worthington, Spring, Maio and Olds
Recommendation: Support Senate Bill 2347/House Resolution 4054, the Prevention Through Affordable Access Act, which will fix a legislative glitch that has raised prescription contraception prices and ensure that more women have access to affordable birth control methods.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
32. Support Proposition 92, The Community College Initiative (PDF, 204 KB)
From: Councilmembers Worthington and Moore
Recommendation: Support Proposition 92 on the February 5, 2008 ballot, which would lower student fees, guarantee minimum funding for community college growth and increase access to higher education.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action Calendar
After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action Calendar – Items Removed from the Consent Calendar
Action Calendar – Public Hearing
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
33. Zoning Ordinance, General Plan, and West Berkeley Plan Amendments and Revised Mitigated Negative Declaration to Allow Automobile Sales in the Manufacturing District (PDF, 7 MB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion,
1) Adopt a Resolution amending the General Plan and West Berkeley Plan as recommended by the Planning Commission;
2) Adopt first reading of an Ordinance amending Chapters 23E.72 (Manufacturing District) and 23F.10 (Definitions); and
3) Adopt a Resolution adopting the Mitigated Negative Declaration. The amendments allow automobile sales in the Manufacturing District of the City.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action Calendar – New Business
34. Proposed General Assistance Budget Reductions in FY08 (Held over from November 27, 2007)
a. From: City Manager (PDF, 248 KB)
Recommendation: Adopt a Resolution directing the City Manager to work closely with the Alameda County Social Services Agency to mitigate the negative consequences of General Assistance cuts to Berkeley residents.
Financial Implications: None
Contact: Renelda Mary, Housing, 981-5400
b. From: Homeless Commission (PDF, 248 KB)
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
35. Underground Policy for Rule 20A Monies (PDF, 242 KB) (Held over from November 27, 2007)
From: Public Works Commission
Contact: Jeff Egeberg, Secretary, Public Works Commission, 981-5400
Action Calendar – Council Items
From Councilmembers Capitelli and Maio
Recommendation: Adopt the first reading of an Ordinance amending section 13.77.055 of the Berkeley Municipal Code (BMC) (Ellis Implementation Ordinance) to adjust the base amount of relocation payments to displaced tenants from $4,500 per unit to $8,700 per unit and that there be an additional rent differential of $5,000 per unit for tenancies that began prior to January 1, 1999. The amount of $2,500 for senior, disabled and low-income tenants would remain unchanged but households with minor children in residence would be added to the list of tenants eligible to receive this additional relocation assistance.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
37. Measuring Electromagnetic field (EMF) Levels (PDF, 193 KB)
From: Councilmembers Spring and Maio, Anderson and Mayor Bates
Recommendation: Request the City Manager:
1) Immediately arrange for expert measurement of EMF, including RF radiation, levels at and around UC Storage and the French Hotel, and
2) Provide the Council data on the current radiation levels with places, dates and times of collection, and
3) Offer a schedule for subsequent testing and reports to Council, and
4) Refer to the City Manager possible revisions to the Wireless Telecommunications Ordinance (Chapter 23C.17 of the Berkeley Municipal Code).
Financial Implications: Unknown
Contact: Dona Spring, Councilmember, District 4, 981-7140
Information Reports
38. FY 2008 First Quarter Budget Update (PDF, 290 KB)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000
39. Unrepresented Temporary Employees (PDF, 244 KB)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
40.