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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 REGULAR MEETING
Tuesday, December 11, 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: 7:20 p.m. Absent:
Capitelli. (Anderson present at
7:28 p.m.; Worthington present at 7:29 p.m.)
Ceremonial Matters:
1.
Poetry
Flash 35th Anniversary Recognition
2.
Declare
November 15 as original Pollos Restaurant Day
3.
Recognition
of city individuals assisting in the San Francisco Oil Spill cleanup/response
4. Recognition
of Chevelle Richardson & Steven Pippins in serving Thanksgiving dinners to
those in need
5.
Proclamation
recognizing the Molecular Foundry as the first Leed Gold Certified Building
Public Comment on Non-Agenda
Matters 5
Presentation - United in Action on the Subject of the Academic Achievement Gap
Public
Comment on Consent Calendar and Information Items Only 7
Consent Calendar
Action: M/S/C (Worthington/Moore) to adopt Consent Calendar in one motion except as indicated. Item 36 (Ellis Ordinance) moved to Consent Calendar; Item 34 (Budget Reductions) moved to Consent Calendar; Item 4 (Alcohol Outlets) moved to Action.
1. Lease Agreement: Property at 711 Harrison Street (PDF, 275 KB)
From:
City Manager
Recommendation: Adopt second reading of
Ordinance No. 7,006N.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
Action: Adopted second reading of Ordinance No. 7,006 N.S. (Absent Capitelli) Effective date January 10, 2008.
2. Easement Agreement: 1310 University Avenue - Berkeley Montessori School Providing Public Access (PDF, 442 KB)
From:
City Manager
Recommendation: Adopt second reading of
Ordinance No. 7,007N.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
Action: Adopted second reading of Ordinance No. 7,007N.S. (Absent Capitelli) Effective date January 10, 2008.
3. Public Commons for Everyone Initiative
From:
City Manager
Recommendation:
1) Adopt second reading of Ordinance 7,008N.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
7,009N.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
Action: Adopted second reading of Ordinance No. 7,008N.S. and Ordinance No. 7,009N.S. (Absent Capitelli) Effective date January 10, 2008.
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
Removed from Consent Calendar. Public Comments 1
Action: M/S/C (Moore/Anderson) support flat fee of $467.10 as supported by BAPAC. Vote: Ayes Maio, Moore, Anderson, Spring, Olds, Worthington, Wozniak, Bates; Noes None; Absent Capitelli. M/S/C (Moore/Anderson) adopted first reading of Ordinance No. 7,010N.S. (Absent Capitelli) Second reading scheduled for January 15, 2008. Vote: Ayes Maio, Moore, Anderson, Spring, Olds, Worthington, Wozniak, Bates; Noes None; Absent Capitelli.
M/S (Maio/Worthington) substitute motion to support hourly rate fee. Motion failed. Vote: Ayes Maio, Worthington, Wozniak, Bates; Noes Moore, Olds; Abstain Anderson, Spring; Absent Capitelli.
RECESS 9:01 9:15 P.M.
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. 63,887N.S. Reviewing and Ratifying the
Proclamation of Emergency by the Director of Emergency Services and Resolution
No. 63,888N.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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,907N.S (Absent Capitelli)
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. 63,127N.S.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted Resolution No. 63,908N.S. (Absent Capitelli)
9. Adopt Amendments to the Fire Permit and Inspection Fee Schedule (PDF, 283 KB)
From:
City Manager
Recommendation: Adopt a Resolution
rescinding Resolution No. 62,535N.S. and re-adopting amendments to the Annual
Permit and Fire Inspection Fee Schedule.
Financial Implications: None
Contact: Debra Pryor, Fire,
981-3473
Action: Adopted Resolution No. 63,909N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,910N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,911N.S. (Absent Capitelli)
12. Classification: Assistant Traffic Engineer (PDF, 208 KB)
From:
City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,840N.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
Action: Adopted Resolution No. 63,912N.S. (Absent Capitelli)
13. Personnel Rules and Regulations Amendment (PDF, 261 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 60,776N.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
Action: Adopted Resolution No. 63,913N.S. (Absent Capitelli)
14. Classification: Watershed Resources Specialist (PDF, 256 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,840N.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
Action: Adopted
Resolution No. 63,914N.S. (Absent Capitelli) with amendment to #2 of the
class specification to include Communicate
effectively and elicit community and organizational support for programs."
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
Action: Adopted Resolution No. 63,915N.S. (Absent Capitelli)
16. Classification: Public Health Program Physician - Deputy Health Officer (PDF, 214 KB)
From:
City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,840N.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
Action: Adopted Resolution No. 63,916N.S. (Absent Capitelli)
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
Action: Adopted first reading of Ordinance No. 7,011N.S. (Absent Capitelli) Second reading scheduled for December 18, 2007.
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
Action: Adopted Resolution No. 63,917N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,918N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,919N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,920N.S. (Noes Worthington; Absent Capitelli).
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
Action: Adopted Resolution No. 63,921N.S. (Absent Capitelli)
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
Action: Adopted Resolution No. 63,922N.S. (Absent Capitelli)
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 Maios 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 Maios
Discretionary Fund - $250
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Adopted Resolution No. 63,923N.S. (Absent Capitelli)
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
Action: Approved recommendation.
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
Action: Approved recommendation and directed the City Manager to include other commercial areas in the plan.
27. Schedule Presentation: Independent Oil Berkeley (PDF, 233 KB)
From: Councilmember Spring added Worthington
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Adopted
Resolution No. 63,924N.S. (Absent Capitelli) with an amendment to include that one of the policies would be
an ordinance mandating mediation before there can be initiation of a
foreclosure.
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
Action: Approved recommendation.
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: Approved recommendation.
Action Calendar Items Removed
from the Consent Calendar
Action Calendar Public Hearing
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
Public Testimony: The Mayor opened the public hearing - 5 speakers. M/S/C (Anderson/Moore) to close the public
hearing.
Ac