Regular Meeting eAgenda
October 21
, 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 

  • 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, October 21, 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.   Amendment to Trespassing Ordinance, BMC 13.52.020 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Section 13.52.020 of the Berkeley Municipal Code regulating trespassing.
Financial Implications: None
Contact: Zach Cowan, City Attorney’s Office, 981-6950

2.   Adopt Revised Conflict of Interest Code (PDF)
From: City Manager
Recommendation:
Adopt a Resolution rescinding Resolution No. 63,843-N.S. and adopting a revised Conflict of Interest Code for the City of Berkeley.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

3.   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: General Fund - $100,000
Contact: Robert Hicks, Finance, 981-7300

4.   Contract: Implement the Management District Plan for North Shattuck Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approve the Work Plan for the North Shattuck Business Improvement District (BID) in an amount not to exceed $330,465 for FY 2009.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

5.   Winter Homeless Shelter Programs (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager: to enter into a Memorandum of Understanding with the City of Oakland, Department of Human Services in an amount not to exceed $61,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

6.   Memorandum of Understanding: International Brotherhood of Electrical Workers Local 1245 (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:  1) approving a new four-year Memorandum of Understanding with the International Brotherhood of Electrical Workers Local 1245 (hereinafter referred to as the "Union") with a term of June 29, 2008 through June 23, 2012, authorizing the City Manager to execute and implement the new labor agreement that includes certain adjustments to salaries and benefits retroactive to June 29, 2008 or other dates as set forth in the contract; and 2) approving a new salary resolution for Representation Unit C that implement the new salary levels negotiated in the new labor agreement, and rescinding Resolution No. 61,810-N.S.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

7.   Donation: Shorebird Park Nature Center (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting an anonymous donation to the Shorebird Park Nature Center in the amount of $5,000.
Financial Implications: Marina Operations/Maintenance Fund - $5,000 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

8.   Donation: Scholarships for Berkeley Echo Lake Camp (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation from the Berkeley Echo Lake Camp Association (BELCA) in the amount of $1,964.
Financial Implications: Playground Camp Fund - $1,964 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

9.   Funding Agreement: East Bay Regional Park District – Construction of Wetland as Required by Gilman Project Permits (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a funding agreement with the East Bay Regional Park District in an amount not to exceed $100,000 to construct a wetland at the Berkeley Meadow as required by the permits for the Gilman Sports Fields Project.
Financial Implications: General Fund - $100,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

10.  Extra Meeting of the Berkeley Energy Commission (PDF)
From: City Manager
Recommendation
Approve an eleventh meeting of the Berkeley Energy Commission in 2008.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

11.  Contracts: Environmental and Planning Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to approve six contracts and any amendments with Colette Meunier; Piedmont Planning Consultants; Environmental Science Associates; Leanne Taagepera Environmental Consultants; Design, Community, & Environment; and Baseline Environmental Consulting for planning and environmental review services in an amount not to exceed $250,000 each with a contract period of three years; and increasing the amount that the City Manager can approve for City departmental use of these contracts from $10,000 to $50,000.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

12.  Contracts: On-Call Transportation Planning Services (PDF)
From: City Manager
Recommendation:
Adopt Resolutions authorizing the City Manager to execute contracts and any amendments for on-call transportation planning services in a combined amount not to exceed $195,000 for the period October 28, 2008 through December 31, 2010.
Financial Implications: Various Funds - $195,000
Contact: Claudette Ford, Public Works, 981-6300

13.  Final Map of Tract 7963: 1331 Seventh Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7963, a nine-unit commercial condominium located at 1331 Seventh Street.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

14.  Referral to CEAC Regarding Helium Balloons (PDF)
From: Councilmembers Olds and Capitelli
Recommendation:
Refer to the Citizen's Environmental Advisory Commission for study, the issue of the impact of helium balloons on wildlife and our environment and request that the CEAC return to Council with a recommendation for a process to educate the public and possibly limit sales of helium balloons in Berkeley.
Financial Implications: None
Contact: Betty Olds, Councilmember, District 6, 981-7160; Laurie Capitelli, Councilmember, District 5, 981-7150

15.  7th Annual World Day of Cities Against the Death Penalty (PDF)
From: Councilmember Worthington
Recommendation:
Support and participate in the 7th Annual World Day of Cities Against the Death Penalty, and writes a letter to the Alameda County District Attorney urging him to stop pursuing the death penalty.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  13th Annual Watershed Environmental Poetry Festival (PDF)
From: Councilmember Worthington
Recommendation:
Support the 13th annual Watershed Environmental Poetry Festival use of Martin Luther King, Jr. Civic Center Park, Saturday, November 1, 2008 and authorizes City Staff to provide assistance in hanging a stage banner above the Peace Wall.
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 – New Business

17.  Presentation: Quarterly Economic Development Including Youth and Jobs (PDF)
From: City Manager
Recommendation:
Presentation by staff, public comment and discussion by Council.
Financial Implications: See presentation.
Contact:  Michael Caplan, Office of Economic Development, 981-7000

18.  Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance to amend Berkeley’s Condominium Conversion Ordinance (CCO; BMC Chapter 21.28, et seq.) affordable housing mitigation fee policies.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

19.  City Council Rules of Procedure and Order (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending the Council Rules of Procedure and Order.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

20.  Sustainable Energy Financing District Sale of Bonds and Execution of Fiscal Agent Agreement (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1    Authorizing the issuance and sale of $1.5 million of special tax bonds for the Sustainable Energy Financing District, making certain findings and approving and authorizing related documents and actions including,
2    Authorizing the City Manager to execute a contract, in substantially the form as attached to this report, with the Bank of New York Mellon Trust Company, N.A. to provide for the disbursement of bond proceeds, the disposition of special taxes and the administration and payment of the bonds for the Sustainable Energy Financing District.
Financial Implications:  See report
Contact: Christine Daniel, City Manager’s Office, 981-7000

Information Reports

21.  Audit Update: Taxi Scrip Cash Count Audit (PDF)
From: City Manager
Contact: Lisa Caronna, City Manager’s Office, 981-7000

22.  Parks Recreation & Waterfront - Cash Receipts/Cash Handling Audit (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

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 16, 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.

BART / Caltrain Merger
1.      Robert Allen

Parking Meter Tops
2.      Diana Lebeck

Bevatron Deconstruction
3.      Mark Chekal-Bain, Lawrence Berkeley National Laboratory (CD on file in the City Clerk’s Office)

Honda Port Project
4.      Fred Arm

Measure JJ
5.      David Mateer