Regular Meeting Agenda
June 17,
 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 17, 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

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 Deanna Despain, Acting 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.

 

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. Elmwood Theater Business Improvement Area FY 08 and Renewal of Assessments for FY 09 (PDF)

From: Elmwood Advisory Board

Recommendation: Adopt a Resolution:

  1. Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area (hereafter, the "Area") for Fiscal Year 2008 including a recommendation that the Council add grants to improve the theater as an allowed purpose for the Area;
  2. Declaring an intention to add this purpose and levy annual assessments in the Improvement Area for Fiscal Year 2009; and 3) setting a public hearing on the adding of the new purpose and levy of assessments for July 22, 2008.

Financial Implications: See report. 

 Contact: Michael Caplan, Economic Development, 981-7530

2. Increase the Maximum Household VLI Level from $33,500 to $34,450 to Qualify for City Tax and Fee Refunds, Animal License Fee Waiver, and Community Service Eligibility (PDF)

From: City Manager

Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $34,450 effective July 1, 2008 and rescind Resolution No. 63,364-N.S.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

3. Citywide Janitorial Services For Various City Locations and Facilities (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Citywide contract and any amendments with Universal Building Services (UBS) to provide Citywide janitorial services at various City locations and facilities for an amount not to exceed $500,000 annually for a total of $1,500,000 for the period July 1, 2008 to June 30, 2011 with the option to extend for two additional 12 month periods at $500,000 annually, for a total of $2,500,000 for five years subject to the City's annual budget appropriation process.

Financial Implications: Various Funds - $1,500,000 

Contact: Robert Hicks, Finance, 981-7300

4. Contract: First Call Network - Emergency Notification System (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with First Call Network, Inc. for an emergency notification system in an amount not to exceed $45,000 for the period August 1, 2008 through July 31, 2010, with option to extend for an additional 2-year term from August 1, 2010 through July 31, 2012 for a total contract amount not to exceed $90,000.

Financial Implications: General Fund - $90,000 for 4 years 

Contact: Debra Pryor, Fire, 981-3473

5. Contract Amendment: Needle Exchange Emergency Distribution (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant award in the amount of $75,000 a year for three years beginning October 1, 2007 and ending June 30, 2010 for a total award of $225,000; and to execute a contract amendment with the Needle Exchange Emergency Distribution for HIV prevention syringe exchange services, adding $75,000 in fiscal year 2008 for a total contract amount not to exceed $127,000 for the period July 1, 2007 to June 30, 2008.

Financial Implications: See report 

Contact: Fred Medrano, Health and Human Services, 981-5100

6. Contract: Supervisory and Management Training and Development Services (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a multiple-year contract and any amendments with The Centre for Organization Effectiveness ("The Centre") for supervisory and management training and development services, for an amount not to exceed $390,000 from June 18, 2008 through December 31, 2013.

Financial Implications: Training Fund - $390,000 

Contact: David Hodgkins, Human Resources, 981-6800

7. Contract: Plan Checking Services (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts to provide plan checking services as follows:

1    Execute a contract amendment increasing the total amounts for Bureau Veritas North America and Telesis Engineers from $280,000 each, by $120,000 each, for a total amount not to exceed $400,000 each.

2    Execute a contract with Interwest Consulting Group for a total amount not to exceed $120,000 for the period of July 1, 2008, through June 30, 2009.

Financial Implications: See report 

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

8. California Department of Transportation Master Agreement (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Master Agreement with the California Department of Transportation (Caltrans), which is necessary to expend State grant funds on transit-related transportation projects, including those awarded to the City for the Ed Roberts Campus at the Ashby BART Station. 

Financial Implications: See report 

Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

9. Budget Referral: Co-Sponsor The Annual Downtown Music Festival (PDF)

From: Councilmember Spring

Recommendation: Refer to the budget process, cosponsorship of the annual Downtown Music Festival Annual on August 20-24th, 2008, and consider making this event an annually funded city event.

Financial Implications: $2,500 

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

10. City of Berkeley Preference to Purchase Local Goods and Services (PDF)

From: Councilmember Spring

Recommendation: Refer to the City Manager:

1    Return with suggestions for possible policy changes to allow the city to give preference to Berkeley businesses in the purchase of goods or services. 

2    Return with suggestions for a possible charter amendment on the 2010 ballot.

Financial Implications: None

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

11. June 2008 Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Pride Month (PDF)

From: Councilmembers Worthington and Moore

Recommendation: Adopt a proclamation declaring June 2008 as Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Pride Month in the City of Berkeley and authorize City Manager to fly the Rainbow flag for the rest of June.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

12. Budget Allocation: Berkeley Student Cooperative (PDF) 

From: Councilmember Wozniak

Recommendation: Adopt a Resolution authorizing the transfer of $4,000 from Councilmember Wozniak’s D-13 non-personnel budget to the City of Berkeley to be used for a grant to the Berkeley Student Cooperative (BSC) to fund conservation projects, resource efficiency improvements, education, and other innovative projects in line with the City of Berkeley’s Measure G goals to help reduce the environmental impact and greenhouse gas emissions of the BSC community.

Financial Implications: Councilmember Wozniak’s Discretionary Fund - $4,000

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

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 – Old Business

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

14. Six-Month Citywide Moratorium on Cell Phone Antennas (Continued from June 10, 2008) (PDF)

a. From: Councilmembers Anderson, Spring and Worthington (PDF) 

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 (PDF) 

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

Financial Implications: Unknown

Contact: Zach Cowan, City Attorney, 981-6950

 
 

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 Advisory Measure.

Financial Implications: Unknown

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

a. From: City Manager

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

Financial Implications: See report.

Contact: Tracy Vesely, Budget Manager, 981-7000

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.

17. Renewal of the Telegraph Property and Business Improvement District (PDF)

From: City Manager

Recommendation: Conduct a public hearing where testimony on the reestablishment of the Telegraph property and Business Improvement District (TPBID or "the District") is heard and, if no majority protest exists after tabulation of assessment ballots, adopt a Resolution reestablishing the TPBID for the ten- year period 2009-2018 and levying assessments on property within the District for fiscal year 2009.

Financial Implications: See report. 

Contact: Michael Caplan, Economic Development Manager, 981-7000

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:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

 

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

 

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 12, 2008 

 

Deanna Despain, Acting City Clerk

 

Communications (PDF)

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.

Televising of Council Meetings
1.      Barbara Gilbert

Affordable Housing Agreement – 1950 MLK Jr. Way
2.      Stephen Wollmer