Regular Meeting Annotated Agenda
June 10,
 2008

Printer-friendly PDF* annotated agenda 

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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134. These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900. 

*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.

~~~~~~~~~~~~~~~~~~~~~ 

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 10, 2008

7:00 P.M.

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:  7:04 p.m.  All Present

Ceremonial Matters:  None

City Manager Comments: None

Public Comment on Non-Agenda Matters:  4

Public Comment on Consent Calendar and Information Items Only: 10

Consent Calendar

Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:

1. Amendment to the Berkeley Fire Code, BMC Section 19.48.020 (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,039–N.S. amending the Berkeley Fire Code, BMC Section 19.48.020.

First Reading Vote: All Ayes

Financial Implications: See report.

Contact: Debra Pryor, Fire, 981-3473

Action:  Adopted second reading of Ordinance No. 7,039–N.S.

2. Adoption of New California Building Code Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,040–N.S. repealing and reenacting Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure, of the Berkeley Building Code, BMC Section 19.28.050.

Fist Reading Vote: All Ayes

Financial Implications: See report.

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Adopted second reading of Ordinance No. 7,040–N.S.

3. Minutes for Approval (PDF)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of April 10, 2008 (special closed), April 14, 2008 (special closed), and April 22, 2008 (special and regular).

Financial Implications: None

Contact: Deanna Despain, Deputy City Clerk, 981-6900

Action:  Approved recommendation.

4. Calling for a Consolidated General Municipal Election for November 4, 2008 (PDF)

From: City Manager

Recommendation: Adopt a Resolution:

  1. Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 4, 2008;
  2. Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election;
  3. Authorizing certain procedural and contractual actions.

Financial Implications: See report. 

Contact: Deanna Despain, Deputy City Clerk, 981-6900

Action:  Adopted Resolution No. 64,080–N.S.

5. Assessment: North Shattuck Business Improvement District (PDF)

From: City Manager

Recommendation: Adopt a Resolution:

  1. Approving the FY 2008 Annual Report of the North Shattuck Business Improvement District (BID);
  2. Declaring Council's intention to levy an annual assessment for the North Shattuck BID for FY 2009, and
  3. Scheduling a public hearing for July 22, 2008 to consider levying a renewed assessment for FY 2009.

Financial Implications: See report.

Contact: Michael Caplan, Economic Development, 981-7530

Action:  Adopted Resolution No. 64,081–N.S.

6. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)

From: City Manager

Recommendation: Approve the attached 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: Sanitary Sewer Operation - $350,000 

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

7. Notice of Appropriations Limit for Fiscal Year 2009 (PDF)

From: City Manager

Recommendation: Adopt a Resolution providing notice that:

  1. Council will adopt an appropriations limit for Fiscal Year 2009 at its meeting of June 24, 2008;
  2. The amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 9, 2008.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

Action:  Adopted Resolution No. 64,082–N.S.

8. Berkeley Food and Housing Project Contract Increase for Quarter Meal Program (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase Berkeley Food and Housing Project’s (BFHP) contract, No. 7282A, by $15,000 to restore funds to the Quarter Meal for a total contract amount not to exceed $786,523. These additional City funds will bring the total amount allocated to the Quarter Meal Program for fiscal year 2008 to $46,588.

Financial Implications: See report.

Contact: Jane Micallef, Housing, 981-5400

Action:  Adopted Resolution No. 64,083–N.S.

9. Final Map of Tract 7806: 1912-1916 Seventh Street (PDF)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7806, a seven (7) unit residential condominium located at 1912-1916 Seventh Street.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Adopted Resolution No. 64,084–N.S.

10. Final Payment on Contract No. 6803: Granite Construction - West Street Improvement Project (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing a contract amendment for payment of $65,000 above the original contract amount of $755,000 to Granite Construction Company (Contract No. 6803) for the construction and completion of the West Street Improvement Project.

Financial Implications: Capital Improvement Fund - $65,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 64,085–N.S.

Council Consent Items

11. Facilitating Cooperative Home Ownership Units (PDF)

From: Councilmember Maio

Recommendation: Refer the following proposal for facilitating limited equity cooperative home ownership units to the staff and the Housing Advisory Commission for their recommendation. 

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110

Action:  Approved recommendation.

12. City of Berkeley’s Co-Sponsorship of the 10th Annual “Run for Peace” (PDF)

From: Councilmember Maio, Wozniak and Capitelli

Recommendation: Adopt a Resolution to:

  1. Co-Sponsor the 10th Annual “Run for Peace” organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Sunday, September 21, 2008 and
  2. Contribute $1,500 toward the organization of the 10th annual “Run for Peace” event and to help cover event fees.

Financial Implications: $1500 

Contact: Linda Maio, Councilmember, District 1, 981-7110

Action:  Adopted Resolution No. 64,086–N.S.

13. Budget Referral: Options' Recovery Services (PDF)

From: Councilmembers Moore, Olds Worthington and Wozniak

Recommendation: Refer $100,000 to the FY 2008/2009 Mid-Biennial budget process in order for Options' Recovery Services to continue operating at current service levels.

Financial Implications: $100,000 

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action:  Approved recommendation.

14. Commend The People Of Burma (PDF)

From: Councilmember Spring

Recommendation: Approve the recommendation regarding Burma (Myanmar) from the Peace and Justice Commission:

  1. For the Council of the City of Berkeley to commend the people of Burma (now also known as Myanmar) for forty-six years of struggle against a brutal dictatorship, and to honor the 20th Anniversary of the 1988 popular uprising in Burma by declaring August 8, 2008 as Burma Day.
  2. For the Council of the City of Berkeley to direct the City Manager to fly the Burmese flag annually on August 8 until a genuine democratic government has been established in Burma.  (This flag will be furnished by the Burmese American Democracy Alliance.)  By these actions, the Council of the City of Berkeley will help promote the 8/8/08 commemorations held by the Burmese American Democratic Alliance, the Buddhist Peace Fellowship, and other allies.
  3. For the Council of the City of Berkeley to direct the City Clerk to send this document to Representative Barbara Lee thanking her for urging the President not to attend the opening ceremony of the 2008 Olympic Games, and for co-sponsoring the Defend the Olympic Spirit Act which restricts funding to prevent any U.S official from attending the Olympic Opening Ceremonies in China - with clear exceptions for the security of any U.S. athlete or their associated support staff. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  4. For the Council of the City of Berkeley to direct the City Clerk to send this document to Senator Barbara Boxer thanking her for strongly supporting the Burmese people, including authoring the unanimously adopted Resolution encouraging the Association of Southeast Asian Nations (ASEAN) to take action to ensure a peaceful transition to democracy in Burma, and requesting that she introduce a Senate version of the House's Defend the Olympic Spirit Act which would mention Burma as well as Tibet and Darfur. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  5. For the Council of the City of Berkeley to direct the City Clerk to send this document to Senator Dianne Feinstein thanking her for strongly supporting the Burmese people, including introducing the bill to award the Congressional Gold Medal to Aung San Suu Kyi, urging the Chinese government to increase pressure on the Burmese military junta, and supporting trade sanctions; and requesting that she introduce a Senate version of the House's Defend the Olympic Spirit Act which would mention Burma as well as Tibet and Darfur. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  6. For the Council of the City of Berkeley to direct the City Clerk to send this document to President George W. Bush urging him not to attend the opening ceremony of the 2008 Olympic Games in protest of China's refusal to meet its promises to the international community to cease human rights abuses in Burma, Tibet, Darfur and inside China, and also in protest if China continues rebuffing the May 7 United Nations Security Council proposal to deliver aid. The City of Berkeley requests that aid be provided with or without permission from Burma’s military, and that China and Russia be persuaded to vote for that on the United Nations Security Council.
  7. For the Council of the City of Berkeley to direct the City Clerk to send this document to the President of the Beijing Olympic Organizing Committee, Liu Qi.
  8. For the Council of the City of Berkeley to direct the City Clerk to send this document to the United Nations High Commissioner for Human Rights, the Honorable Louise Arbour, and to the Under-Secretary General of the United Nations for Political Affairs, the Honorable Ibrahim Gambari.
  9. For the Council of the City of Berkeley to direct the City Clerk to send this document to the Olympic TOP Partners (sponsors): Coca-Cola, McDonald's, General Electric, Johnson & Johnson, Kodak, Visa, Lenovo, Panasonic, Samsung, Manulife Financial, Atos Origin, and Omega, communicating the City of Berkeley's opposition to human rights violations by the government of the People's Republic of China and the City of Berkeley's opposition to the political cover that these companies give the Chinese government through their sponsorship of the Olympics in China.

Financial Implications: Unknown

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action:  Approved recommendations as amended.  Item 6 to read as follows:

6.   For the Council of the City of Berkeley to direct the City Clerk to send this document to President George W. Bush urging him not to attend the opening ceremony of the 2008 Olympic Games in protest of China's refusal to meet its promises to the international community to cease human rights abuses in Burma, Tibet, Darfur and inside China, and also in protest if China continues rebuffing the May 7 United Nations Security Council proposal to deliver humanitarian aid . The City of Berkeley requests that humanitarian aid be provided with or without permission from Burma’s government, and that China and Russia be urged to vote for that on the United Nations Security Council.

Abstain – Capitelli, Olds.

15. Support for the "Honoring Our Nation's Obligations to Returning Warriors Act" (HONOR Warriors Act), (PDF)

From: Councilmember Capitelli

Recommendation: That the City Manager, on behalf of the City Council, send a letter to Senator Diane Feinstein and the Senate Committee on Veterans Affairs requesting their support of SB.3008, the HONOR Act.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action:  Approved recommendation.

Action Calendar – Old Business

16.  Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election 

a. From: City Manager (PDF)

Recommendation: Provide comments to the City Attorney on the text, title, and City Attorney's analysis for the following possible ballot measures for the November 2008 ballot: 1) Fire and Disaster Preparedness Tax; 2) Library Seismic Safety Bond; and 3) Pools Bond.

Financial Implications: Unknown

Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. From: Parks and Recreation Commission (PDF)

Recommendation: The Parks Recreation and Waterfront Commission recommends that Council:

  1. Support a bond measure that improves storm drains on the condition that storm drain improvements include bio-filters and bio-swales to slow the flow of water, absorb the excess water, and catch leaf litter, and allocate adequate annual maintenance funds.

Financial Implications: See report.

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

c. From: Youth Commission (PDF)

Recommendation: The Youth Commission recommends that Council support the Youth Success and Violence Prevention Bond Measure for the November 2008 ballot.

Financial Implications: See report.

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action No. 1: M/S/C (Capitelli/Moore) to direct staff to create an advisory measure for the November 4, 2008 ballot to:

a.   State the people of Berkeley wish to have a warm water pool until an adequate replacement is found. 

Action No. 2: M/S/C (Moore/Capitelli) to continue the Fire and Disaster Preparedness Tax and Library Seismic Safety Bond discussions to June 17, 2008. This item will be heard after the Six-Month Citywide Moratorium on Cell Phone Antennas item.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Absent – Worthington

Recess: 8:30 p.m. – 8:43 p.m.

Worthington left meeting: 8:45

17. Six-Month Citywide Moratorium on Cell Phone Antennas (Continued from May 20, 2008) (PDF)

a. From: Councilmembers Anderson, Spring and Worthington

Recommendation: Establish a six-month citywide moratorium on the issuance of all cell phone antenna permits until inadequacies in the current ordinance are addressed pursuant to the Precautionary Principle.

Financial Implications: Unknown

Contact: Max Anderson, Councilmember, District 3, 981-7130

b. From: City Manager

Recommendation: Consider whether to direct staff to prepare a moratorium pursuant to applicable law.

Financial Implications: Unknown

Contact: Zach Cowan, City Attorney, 981-6950

Action: M/S/C (Moore/Capitelli) to continue to June 17, 2008.This item will be heard after Adoption of Panoramic Hill Urgency Ordinance item.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Absent – Worthington.

Action Calendar – Appeals

18. ZAB Appeal: 2130 Center Street (PDF)

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000146 to allow the establishment of a 13,974 square foot full-service restaurant with daily operating hours of 6 a.m. to 1 a.m., sidewalk café seating, alcoholic beverage service of beer, wine, and distilled spirits, and live entertainment within an existing building (former Act 1 & 2 Theater).

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,087–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Absent – Worthington.

19. ZAB Appeal: 3025 College Avenue (PDF)

a.  From: City Manager

Recommendation: Adopt a Resolution affirming the ZAB decision to approve an Administrative Use Permit to allow the construction of a 1,176 sq. ft. addition to an existing one-story, single-family house by raising the existing building approximately 10'6" (thereby increasing the average height of the building from approximately 16' to approximately 26'6'') and to move the house 1" to the south and 8" to the east thereby making the building conforming to the required setbacks.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications

  1.       Edith Yu

Action: M/S/C (Maio/Wozniak) to adopt Resolution No. 64,088–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Abstain – Olds; Absent – Worthington.

Action Calendar – Public Hearing

20. Berkeley-Albany YMCA Bond Financing Approval (PDF)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the issuance of variable rate demand revenue bonds on behalf of Berkeley-Albany YMCA and taking certain other actions in connection with the issuance of the Series 2008 Bonds.

Financial Implications: None.

Contact: Robert Hicks, Finance, 981-7300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Capitelli) to close the public hearing.

Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,089–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Absent – Worthington.

21. FY 2009 Biennial Budget Update - Public Hearing No. 2 (PDF)

From: City Manager

Recommendation: Discuss and direct staff on the FY 2009 Mid-biennial budget update.

Contact: Phil Kamlarz, City Manager,981-7000

Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Moore/Maio) to close the public hearing.

Action: None.  Staff to return on June 17, 2008.

Action Calendar – New Business

22. Adoption of Panoramic Hill Urgency Ordinance (PDF)

From: City Manager

Recommendation: Adopt as an urgency ordinance a moratorium on the issuance of certain permits and the processing of zoning approvals in the Environmental Safety Residential (ES-R) zoning district on Panoramic Hill.

Financial Implications: $15,000-$20,000

Contact: Dan Marks, Planning and Development, 981-7400

Action:  M/S/C (Moore/Capitelli) to continue to June 17, 2008.  Item will be heard immediately following the Consent Calendar.

Information Reports

23. City Auditor Surprise Cash Count Audit of Animal Services for July 12, 2007(PDF)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Received and filed.

24. Quarterly Report on Employee Safety and Workers' Compensation (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Received and filed.

25. Unrepresented Temporary Employees (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Received and filed.

26. LPC NOD: 2323 Shattuck Avenue (PDF)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Received and filed.

27. Fee Waiver/Deferral: Biofuel Oasis, 1441 Ashby Avenue (PDF)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Received and filed.

28. Zoning Fee Waiver: Ed Roberts Campus, 3075 Adeline (PDF)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Received and filed.

29. Quarterly Report: Crime in Berkeley (PDF)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action:  Received and filed. Referred to Agenda Committee by Councilmember Wozniak.

Public Comment – Including Items Not Listed on the Agenda – 2

Adjournment – 10:51 p.m. in honor of Dory Ehrlich, Alvin Leonard, Utah Phillips

Communications

Item 17: Six-Month Citywide Moratorium on Cell Phone Antennas
1.  Barbara Gilbert

Item 21: FY 2009 Biennial Budget Update
2.  Susie Medak

The Berkeley Tobacco Shop
3.  Robin Wright (2)

Berkeley Top Municipal Earners
4.  Barbara Gilbert

Signage at Haste & Milvia
5.  Christopher Chambers-Ju

Tankless Water Heaters
6.  Barbara Gilbert

Late Council Materials
7.  Barbara Gilbert (2)
8,  Doug Buckwald
9.  Victoria Peirotes

Roundabouts
10.  Nasira Abdul-Aleem

Safety & Farmers’ Markets
11.  David Lerman

Notice of Application
12.  PG&E

Construction Noise
13.  Sharon Adams

Lien Appeal
14.  Constance Noel

Earthquake Safety
15.  Barbara Gilbert

Berkeley Crime
16.  Barbara Gilbert

Supplemental Communications and Reports 1

Item 14: Commend The People Of Burma
17.  PhoeBe sorgen

Item 16: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election
18.  Donna Corbeil, Berkeley Public Library
19.  Vivian Pisano
20.  Ben Rivers

Item 17: Six-Month Citywide Moratorium on Cell Phone Antennas
21.  Meave O’Connor
22.  Mike Rea
23.  Paul Abritton, MacKenzie & Albritton LLP

Item 20: Berkeley-Albany YMCA Bond Financing Approval
24.  Merri Mitchell

Supplemental Communications and Reports 2

Item 14: Commend The People Of Burma
25.  PhoeBe sorgen

Item 16: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election

26.  Donna Corbeil, Board of Library Trustees
27.  Debra Shushan

Item 17: Six-Month Citywide Moratorium on Cell Phone Antennas
28.  Earl Selby, on behalf of Sprint PCS and Nextel Communications

Item 20: Berkeley-Albany YMCA Bond Financing Approval
29.  Merri Mitchell
30.  Sharon Hudson
31.  John McBride

Bevatron
32.  Otto Smith