Regular Meeting eAgenda
October 7
, 2008

Printer-friendly PDF* 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 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 7, 2008

7:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

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 – vacant

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.  Wood Smoke Nuisance Ordinance (PDF)
From: Community Environmental Advisory Commission
Recommendation:
Adopt second reading of Ordinance No. 7,063–N.S. adding Chapter 15.16 to the Berkeley Municipal Code to define standards and a process for establishing a nuisance condition for wood smoke for the immediate and confronting neighbors of an indoor wood burning device.
Financial Implications: See report.
First Reading Vote:  Ayes – Maio, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Abstain – Moore.
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

2.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for council meetings of September 9, 2008 (special closed); September 16, 2008 (regular); September 23, 2008 (special worksession), and September 23, 2008 (regular).
Financial Implications: None
Contact: Deanna Despain, Acting City Clerk, 981-6900

3.  Donation: The Detrixhe Family to the Animal Shelter (To Be Delivered) (PDF) 
From: City Manager
Recommendation:
Adopt a Resolution approving a donation to the Animal Shelter in the sum of $5,000 from the Detrixhe Family in memory of Karen Detrixhe.
Financial Implications: Revenue - $5,000
Contact: Phil Kamlarz, City Manager, 981-7000

4.  Contract: Berkeley Alliance (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance (The Alliance) to provide administrative support and project services for a partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley not to exceed $61,800 for the period July 1, 2008 to June 30, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

5.  Shelter Plus Care Grant Application (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the City Manager's action to authorize submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for a new five-year Shelter Plus Care grant in the amount of $815,880 to provide rental subsidies for chronically homeless seniors in Berkeley, and to execute any resultant agreements.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

6.  Unrepresented Employees:
a.  
Cost of Living Adjustments and Benefit Changes (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions 1)  approving cost of living adjustments for the Unrepresented Employees in Units Z-2, Z-3, Z-4, Z-6 and X-1 except daily rated Camp Classifications for the period September 7, 2008 through June 23, 2012 and rescinding Resolution No. 61,812–N.S. Classification and Salary Resolution; and 2)  approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777–N.S. to provide a longevity pay differential of 3% at 25 years of service to be effective June 28, 2009, to improve the Retiree Health Premium Assistance Plan to be effective June 29, 2008 and to modify the Vacation Leave language to eliminate the liquidation of Vacation Leave during employment.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

b. Cost of Living Adjustments and Benefit Changes (To Be Delivered) (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions: 1)  approving cost of living adjustments for the Unrepresented Employees in Representation Unit Z-1, for the period June 29, 2008 through June 23, 2012 and rescinding Resolution No. 61,812–N.S. Classification and Salary Resolution; and 2)  approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777–N.S. to provide a longevity pay differential of 3% at 25 years of service to be effective June 29, 2008, to improve the Retiree Health Premium Assistance Plan to be effective June 29, 2008, improve the dental plan by increasing annual coverage limit to $3,000 and the lifetime orthodontic benefit to $3,000.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

7.  Final Map of Tract 7755: 1552-56 Milvia Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7755, a five (5) unit residential condominium located at 1552-56 Milvia Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

8.  Contract: RNC Water and Environment for Sewer System Hydraulic Modeling and Capacity Assessment (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or change orders with RMC Water and Environment in an amount not to exceed $445,000, to provide consultant services for hydraulic modeling and capacity assessment of the City's sewer collection system for a three-year period, from October 1, 2008 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

9.  Contract No. 7086B Amendment: East Bay Conservation Corps for Storm Drain Leaf and Debris Removal (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7086B with East Bay Conservation Corps (also known as Civicorps Schools) increasing the amount by $30,000 for a total amount not to exceed $180,000, and extending the term to October 18, 2006 to June 30, 2009.
Financial Implications: Clean Storm Water Fund - $30,000
Contact: Claudette Ford, Public Works, 981-6300

10. Contract No. 7198A Amendment: SCS Field Services for Berkeley Landfill Maintenance and Monitoring Service (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with SCS Field Services (Contract No. 7198A) for additional Berkeley Landfill monitoring services required by the California Integrated Waste Management Board (CIWMB), the Regional Water Quality Control Board (RWQCB), and the Bay Area Air Quality Management District (BAAQMD), increasing the contract by $186,826 for a revised amount not to exceed $681,826, for the period to April 1, 2007 to March 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

11. Contract No. 7185B Amendment: Design, Community and Environment for Design Services for New Animal Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7185B with Design, Community & Environment (DC&E) to provide schematic design level landscape and civil engineer services for the new Animal Shelter at 1 Bolivar Drive, increasing the contract amount by $50,306 for a total not to exceed $218,327, and extending the term to February 15, 2007 to June 30, 2009.
Financial Implications: Measure I Funds - $50,306
Contact: Claudette Ford, Public Works, 981-6300

12. Use of District 4 FY 2009 Council Office Budget (PDF)
From: City Manager
Recommendation:
Approve a transfer of $9,500 from former Councilmember Dona Spring’s FY 2009 Council Office Budget to the City Manager’s Office budget to fund an hourly staff person who will provide services to residents of District 4 and who will continue to work for the City through December 2008.
Financial Implications: $9,500 transfer (no additional expense)
Contact: Dave Hodgkins, Human Resources, 981-6805;Tracy Vesely, Budget Manager, 981-7024

13. FY 2010 & FY 2011 Biennial Budget Schedule (PDF)
From: City Manager
Recommendation:
 Approve the FY 2010 & FY 2011 Biennial Budget development calendar.
Financial Implications: See report
Contact: Tracy Vesely, Finance 981-7024

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 – Appeals

14. ZAB Appeal: 1209 Glen Avenue (PDF)
1209 Glen Avenue Attachment 5 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution affirming the Zoning Adjustment Board's decision to approve Administrative Use Permit No. 07-20000122 to construct a 707 sq. ft., third story addition thereby increasing the maximum height of the building to 31'9''.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

a.      Communications
1.      Daniel Smith-Rowsey
2.      Ken Lieberman
3.      Nelson and Deirdre Sproul
4.      Jack Steller
5.      Kathleen Bloom

15. ZAB Appeal: 1995-1999 El Dorado Avenue (PDF)
1995-1999 El Dorado Avenue Attachment 6 part 1 (PDF)
1995-1999 El Dorado Avenue Attachment 6 part 2 (PDF)
From: City Manager
Recommendation:
Set the matter for public hearing to consider adopting amended findings, based upon the appeals of Use Permit No. 08-10000055, to establish 4,234 square feet of office use in a renovated multi-tenant commercial building and to vertically expand an approximately 17.75-foot tall building to 26.5 feet within a non-conforming front yard setback.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Old Business

16. Support of the "California Voters FIRST" Act (PDF) (Cont’d. from September 16, 2008)
From: Councilmember Capitelli
Recommendation: Support the California Voters FIRST act on the November 2008 Ballot.
Financial Implications:  None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action Calendar – New Business

17. Borrowing of Funds and the Sale and Issuance of FY 2009 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2009 Tax and Revenue Anticipation Notes.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

Information Reports

18. City of Albany Resolution Regarding Appointments to the Berkeley Mental Health Commission (PDF)
From: City Manager
Contact: Deanna Despain, Acting City Clerk, 981-6900

19. 1331 Seventh Street, Berkeley-Review of Planning Commission Approval of Tentative Tract Map No. 7963 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

20.  2831 Seventh Street, Berkeley - Review of Planning Commission Approval of Tentative Tract Map No. 78 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

 21. LPC-NOD: 2232-34 Haste Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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.

 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

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 October 2, 2008. 

Deanna Despain, Acting City Clerk

Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Violence in Berkeley
1.  Laura Menard
2.  Robin Wright

Elder Abuse
3.  Helen Wheeler

Pedestrian Safety
4.  Jeff Wizig

Public Funds for Underground Wiring
5.  Pamela Doolan

Measure LL
6.  Kent Lewandowski, on behalf of the Sierra Club Northern Alameda County Group

Streetlights & Climate Action
7.  Alan Gould