Regular Meeting eSummary
September 13
, 2005

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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.

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, September 13, 2005

7:00 p.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA


Preliminary Matters

Roll Call: 7:01 p.m.  All present.

Ceremonial Matters:

1.            Oath of Office

2.            Pledge of Allegiance to the Flag

3.            Announcement that Claudette R. Ford has been appointed Acting Public Works Director

4.            City of Berkeley Efforts in the Aftermath of Hurricane Katrina

5.            Proclamation presented to Patty Donaldson declaring September 17, 2005 Shoreline Cleanup Day

6.            Commendation from the Global Alliance for Incinerator Alternatives for City of Berkeley’s work on zero waste

City Manager Comments: The Deputy City Manager provided an update on Hurricane Katrina relief efforts in Berkeley.

Public Comment:  18 speakers.

Youth Comments:  1 speaker.


Consent Calendar – Recess Items

Action: Moved, seconded, carried (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:

1.      Landfill Surcharge Fee Payments On Solid Waste (PDF, 24 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution ratifying action taken by the City Manager during recess approving payment of $88,198 in landfill surcharge fees for solid waste shipped out of the County from October 2004 through June 2005.

Financial Implications: Refuse Fund - $88,198

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,033–N.S. (PDF, 73 KB)


Consent Calendar

2.      Minutes for Approval (PDF, 4 MB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of July 11, 2005 (closed), July 12, 2005 (regular), July 19, 2005 (regular), and July 25, 2005 (special).

Financial Implications: None

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Approved minutes.

3.      Needle Exchange (PDF, 22 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Adopted Resolution No. 63,034–N.S. (PDF, 101 KB)

4.      Margery Becker v. City of Berkeley (PDF, 22 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04 178015 entitled Margery Becker v. City of Berkeley in the amount of $35,000.

Financial Implications: Public Liability Fund - $35,000

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 63,035–N.S. (PDF, 71 KB)

5.      Donation to Animal Shelter (PDF, 23 KB)

From: City Manager

Recommendation: Adopt a Resolution approving a $5,000 donation to the Animal Shelter from Reverend Walter Kilburn and Melba Kilburn in memory of their son Philip Kilburn.

Financial Implications: Animal Shelter Fund - $5,000 Revenue

Contact: Jim Hynes, City Manager, 981-7000

Action: Adopted Resolution No. 63,036–N.S. (PDF, 78 KB)

6.      Formal Bid Solicitations and Requests for Proposals (PDF, 115 KB)

From: City Manager

Recommendation: Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various Funds - $1,906,626

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

7.      Agreement: Low-Income Energy Revenues (PDF, 269 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Petroleum Violation Escrow Account Weatherization Program (PVEA/WX) to receive revenues and provide weatherization to eligible Berkeley, Albany, and Emeryville residents in the amount of $16,256 for the period August 1, 2005 to December 31, 2006; 2) approving program priority plans; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: LIHEAP - Grant Revenue - $16,256

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,037–N.S. (PDF, 289 KB)

8.      Application For CalHome Funds (PDF, 25 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager or the Housing Director as his designee to submit an application to the State of California Department of Housing and Community Development (HCD) for up to $500,000 in funding under the CalHome Owner-Occupied Rehabilitation Program.

Financial Implications: Grant Revenue - $500,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,038–N.S. (PDF, 88 KB)

9.      Contract: Financial Consulting Services (PDF, 26 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Seifel Consulting, Inc. for financial consulting services and increase the contract by $25,000 for a total amount not to exceed $65,000.

Financial Implications: CDBG Fund and HUD Fund - $25,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,039–N.S. (PDF, 88 KB)

10.  Participation in the Chicago Climate Exchange (PDF, 40 KB) (CF 05-17)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Chicago Climate Exchange (CCX) for participation in greenhouse gas emission credits trading in an amount not to exceed $5,000 for the period September 14, 2005 to December 31, 2006.

Financial Implications: General Fund - $5,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,040–N.S. (PDF, 77 KB)

11.  Winter Voucher and Winter Shelter Programs (PDF, 25 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments increasing funding by $11,000 to pay for community agency administrative costs of coordinating referrals for the Winter Voucher and Winter Shelter Programs and increasing Winter Voucher and Shelter Funding to a total of $133,000, with 1) $5,914 additional to the Berkeley Food and Housing Project, raising the total City contract with BFHP for all services for the period July 1, 2005 through June 30, 2006 to $547,784, and 2) $5,086 additional to the Women’s Daytime Drop-In Center raising the total City contract with WDDC for all services for the period July 1, 2005 through June 30, 2006 to $130,615.

Financial Implications: Various Funds - $11,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,041–N.S. (PDF, 104 KB)

12.  Contract: SRIP I Disability Insurance Services (PDF, 27 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance to provide third-party administrative services for Supplementary Retirement and Income Plan I (SRIP I) disability benefits from August 1, 2005 to June 30, 2007 in an amount not to exceed $110,000 in the first year and not to exceed $70,000 in the second year of the two-year contract.

Financial Implications: Payroll Deduction Trust Fund - $180,000

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,042–N.S. (PDF, 86 KB)

13.  Reject Bids to Construct the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation (PDF, 26KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids and direct staff to re-scope and re-bid the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project.

Financial Implications: None.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Removed from Consent by Councilmember Capitelli. Moved, seconded, carried (Spring/Capitelli; Absent – Worthington) to adopt Resolution No. 63,043–N.S. (PDF, 76 KB)

14.  Contract: Design Services for Martin Luther King Jr. Civic Center Park Rehabilitation (PDF, 25 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Amphion, Inc. to increase the scope of services and amount by $47,980 for an amount not to exceed $215,874.

Financial Implications: Measure S Funds - $47,980

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Removed from Consent by Councilmember Capitelli. Moved, seconded, carried (Spring/Capitelli; Absent – Worthington) to adopt Resolution No. 63,044–N.S. (PDF, 75 KB)

15.  Contract: Four Parks Playground Renovations (PDF, 68 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications from M.I.G., Inc. for playground renovations at Cedar Rose Park, King School Park, Live Oak Park and Shorebird Park; 2) accepting the bid from P & A Construction Company; 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with P & A Construction Company in an amount not to exceed $919,500, for the period of 180 calendar days from the notice to proceed; and 4) authorizing an additional $102,093 for contingency for an amount not to exceed $1,021,593.

Financial Implications: Capital Improvement Funds - $1,021,593

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Adopted Resolution No. 63,045–N.S. (PDF, 144 KB)

16.  2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG) (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept $60,906 in Federal funds from the 2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.

Financial Implications: Grant revenue - $60,906

Contact: Douglas N. Hambleton, Police, 981-5700

Action: Adopted Resolution No. 63,046–N.S. (PDF, 69 KB)

17.  Grant: Department of Alcoholic Beverage Control (PDF, 31 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with the State of California to accept $80,000 in Department of Alcoholic Beverage Control (ABC) grant funding and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.

Financial Implications: Grant Revenue - $80,000

Contact: Douglas N. Hambleton, Police, 981-5700

Action: Adopted Resolution No. 63,047–N.S. (PDF, 84 KB) Councilmember Worthington requested that Council be notified in advance of programs that will be funded by the grant. Councilmember Maio asked the City Manager to report back to Council on any history of entrapment regarding existing alcohol outlets.

18.  Contract: FY 2005 Traffic Circles - Phase 2 (PDF, 345 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY 2005 Traffic Circles - Phase 2; 2) rejecting all bids submitted on May 26, 2005 and re-advertising; 3) accepting the bid of Mosto Construction; and 4) authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $177,600 for the period of 75 calendar days from the Notice to Proceed.

Financial Implications: Capital Improvement Fund - $177,600

Contact: Claudette Ford, Public Works, 981-6300

Action: Removed from Consent by Councilmember Moore.  Moved, seconded, carried (Moore/Worthington) to adopt Resolution No. 63,048–N.S. (PDF, 118 KB)  Referred to City Manager to bring back a mid-year budget report on a Phase 3 plan, including engineering criteria and funding options for traffic circles.

19.  Contract: Public Safety Building Janitorial Services (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services to provide janitorial services at the Public Safety Building in an amount not to exceed $108,720, for the period September 1, 2005 to June 30, 2006; and approving options to extend the contract for two additional one-year periods in an amount not to exceed $129,464 for FY 2007, and $129,464 for FY 2008.

Financial Implications: Building Maintenance Fund - $108,720

Contact: Claudette Ford, Public Works, 981-6300

Action: Held over to September 20 by Deputy City Manager Caronna.

20.  Contract: Security Guard Services at 1947 Center Street and 2180 Milvia Street (PDF, 33 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Securitas Security Services USA, Inc. for security guard services at 1947 Center Street and 2180 Milvia Street for the period November 1, 2005 through June 30, 2006 in an amount not to exceed $77,033; and approving options to extend the contract for two one-year periods in an amount not to exceed $230,239.

Financial Implications: Various Funds - $307,272

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,049–N.S. (PDF, 109 KB) (Noes – Anderson, Moore and Worthington).

21.  Contract: Traffic Signal Installation at Hearst Avenue, Arch Street, LeConte Avenue (PDF, 64 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for a traffic signal installation at Hearst Avenue, Arch Street, LeConte Avenue; 2) accepting the bid of Phoenix Electric Company; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project according to approved plans and specifications, in an amount not to exceed $204,252 for the period of 97 calendar days from the date of receipt of the Notice to Proceed.

Financial Implications: Capital Improvement Fund - $204,252; partial refund (up to $102,126) from UC Berkeley

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,050–N.S. (PDF, 117 KB)

22.  Final Map of Tract 7567: 1321-31 Eighth Street (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7567, a fifteen unit commercial condominium located at 1321-31 Eighth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,051–N.S. (PDF, 58 KB)

23.  Final Map of Tract 7591: 2209-11 Sixth Street (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7591, a six-unit residential live/work condominium consisting of four residential units and two live/work units located at 2209-11 Sixth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,052–N.S. (PDF, 58 KB)

24.  Proclamation Honoring Art Rosenfeld (PDF, 186 KB)

From: Mayor Bates

Recommendation:  Approve a proclamation honoring Art Rosenfeld, a 50-year Berkeley resident and a pioneer in the field of energy efficiency.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action: Approved proclamation.

25.  Support UC Sustainable Transportation Initiative (PDF, 57 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation:  Adopt a Resolution in support of the proposed sustainable transportation guidelines for the University of California system.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100 and Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 63,053–N.S. (PDF, 163 KB)

26.  Support for Development of North Shattuck Plaza (PDF, 7 MB)

From: Councilmembers Capitelli and Spring

Recommendation:  Direct the City Manager to work with community volunteers and the North Shattuck Association, in realizing a “North Shattuck Plaza” at Shattuck Avenue and Shattuck Place, as outlined in concept and approved by Council in January 2001.

Financial Implications: Staff time.

Contact: Laurie Capitelli, Councilmember District 5, 981-7150 and Dona Spring, Councilmember District 4, 981-7140

Action: Approved recommendation.

27.  Sponsorship for BAHIA’s 30th Anniversary Celebration (PDF, 8 KB)

From: Councilmember Maio

Recommendation:  Refer to the City Manager a request to determine a funding source to enable the City to become an Amigo Sponsor of BAHIA’s 30th Anniversary Celebration on Friday, September 30, 2005.

Financial Implications: $1,000.

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

Action: Held over to September 20 by Councilmember Maio.

28.  National Disaster in Gulf Coast (PDF, 7 KB)

From: Councilmember Spring 

Recommendation: Request the City Manager to have the City’s flag flown at half mast in mourning of the Gulf Coast hurricane Katrina victims for a period of at least ten days.

Financial Implications: None.

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

Action: Approved recommendation.

29.  Opposition to SB 1056: GMO Foods (PDF, 180 KB)

From: Councilmembers Spring and Worthington

Recommendation:  Adopt a Resolution opposing SB 1056 and request the City Manager to send letters of opposition to our elected State officials.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140 and Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 63,054–N.S. (PDF, 74 KB)

30.  Proclamation: Indigenous Peoples Day 2005 (PDF, 321 KB)

From: Councilmembers Spring, Anderson and Moore

Recommendation:  Approve a proclamation in honor of Indigenous Peoples Day on Saturday, October 8, 2005 and present the proclamation to the Indigenous Peoples Day committee at the September 27, 2005 Council meeting.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140; Max Anderson, Councilmember District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120

Action: Approved proclamation.

31.  Oppose Proposition 76 in the Special Election (PDF, 25 KB)

From: Councilmember Worthington and Mayor Bates

Recommendation: Oppose Proposition 76 in the special election, which may cut funding for schools, health care, police, and firefighters and undermines our democratic system of checks and balances by giving the governor tremendous new powers without sufficient oversight.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

32.  Support for Withdrawal of California National Guard Troops from Iraq (PDF, 25 KB)

From: Councilmembers Worthington, Anderson and Mayor Bates

Recommendation: Adopt a Resolution calling upon the Governor of California to insure that the President and Congress take immediate steps to withdraw California National Guard troops from Iraq.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130; and Tom Bates, Mayor, 981-7100

Action: Removed from Consent by Councilmember Capitelli.  Moved, seconded, carried (Worthington/Moore) to adopt Resolution No. 63,055–N.S. (PDF, 117 KB)

33.  Support Instant Run-Off Voting (IRV) by communicating the City of Berkeley’s official request to the California Secretary of State, and to Alameda County to respect the will of the voters and strive to implement IRV for Berkeley in 2006 (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  That the City will: 1) continue conversations with Alameda County for Alameda County to support Berkeley’s IRV election in November 2006 using a vendor capable of running such an election; 2) send a letter to Alameda County thanking the acting Registrar of Voters for participating in an active dialogue on how to implement IRV, and encouraging the Board of Supervisors to attempt to facilitate IRV with the current vendor or with any new vendor that may be selected; 3) that Council will take action, including public review prior to adopting an IRV implementation Ordinance that seeks to standardize uniform rules and regulations among the Alameda County cities; 4) if necessary, the City will prepare a ballot measure for June 2006 to address any Berkeley specific issues that emerge from the legal and regulatory process.

Financial Implications: None.

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

Action: Removed from Consent by Councilmember Wozniak.  Moved, seconded, carried (Wozniak/Moore) to approve recommendation.

34.  Revisions of the Elmwood Business District Quotas (PDF, 30 KB)

From: Councilmember Wozniak

Recommendation: Request that the City Manager refer recommended revisions of the Elmwood Business Quota Committee to the Planning Department and the Planning Commission so that they can be incorporated into the zoning ordinance, including: 1) to simplify the current seven category quota system by replacing it with a two quota system (Barber/Beauty and Food Service establishments); and 2) to maintain business diversity by prohibiting businesses from expanding into adjacent business spaces.

Financial Implications: Administrative costs

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

Action: Held over to September 20 by Councilmember Wozniak.

Action Calendar – Appeals

35.  2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069

a.      Council Consideration of Appeal of ZAB Approval of 2615 Marin Avenue – Project Information Clarification (PDF, 28 KB) (September 13, 2005)

From: City Manager

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

b.      From: City Manager (PDF, 1 MB) (July 19, 2005)

 Attachments:

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of Use Permit #03-10000069, to construct a single-family dwelling, and dismissing the appeal.

Financial Implications: None.

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

c.       Appeal (July 19, 2005)

1.      Matthew White (PDF, 1 MB)

2.      Kimberly Kline and Stephen Branam (PDF, 597 KB)

3.      Daphne and Georg Kalmar (PDF, 740 KB)

4.      Arvalea Nelson (PDF, 175 KB)

d.      Communications (July 19, 2005)

1.      Tom Cosgrove (PDF, 38 KB)

2.      David Richmond and Kelly Klopp Richmond (PDF, 102 KB)

3.      Matthew White (PDF, 2 MB)

4.      Arvalea Nelson (PDF, 108 KB)

5.      Kimberly Kline (PDF, 5 MB)

e.      Supplemental Communications 1 (PDF, 5 MB) (July 19, 2005)

29.  Georg and Daphne Kalmar, Kimberly Kline and Stephen “Hopper” Branam (3)

30.  Kimberly Kline and Georg Kalmar

31.  Kimberly Kline (3)

32.  Herbert and Emilie Steiner

33.  Dave Richmond

34.  Rena Rickles

35.  Petition with 64 signatures, submitted by Kimberly Kline

Action: Councilmember Capitelli announced that he had voted on this matter as a member of the Zoning Adjustments Board and recused himself.

Moved, seconded, carried (Olds/Maio; Absent – Capitelli; Abstain – Anderson, Moore) to refer the item to the Agenda Committee to set a public hearing date.

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.


Action Calendar – Old Business

36.  Administrative Fees: Inclusionary Housing Program (PDF, 437 KB) (Held over from July 12, 2005)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 authorizing the City Council to set fees by Resolution; and 2) adopt a Resolution to be effective upon the effective date of the Ordinance, approving the Inclusionary Housing Program administrative fees specified in the Resolution.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

Action: Held over to September 20 by Deputy City Manager Caronna.

Action Calendar – New Business

37.  Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Adopt the first reading of an Ordinance adding Berkeley Municipal Code (BMC) Chapter 3.80, Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions.

Financial Implications: Administrative costs

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

Action: Moved, seconded, failed (Wozniak/Olds; Abstain – Worthington; Noes – Anderson, Bates, Maio, Moore and Spring) a substitute motion to hold over to another meeting for further analysis and discussion.

Moved, seconded, carried (Worthington/Maio; Abstain – Capitelli; Noes – Olds and Wozniak) to adopt first reading of Ordinance.  Second reading scheduled for September 20, 2005.

Information Reports

38. Environmentally Responsible Paper Purchases (PDF, 25 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

39.  Quarterly Report on Employee Safety and Workers’ Compensation (PDF, 89 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Removed from Consent by Councilmember Wozniak.  Councilmember Wozniak asked the City Manager to report back to Council at the first quarter budget meeting on potential FY ’06-’07 goals and bonus system to maintain and improve progress in this area.

40.  Unrepresented Temporary Employees (PDF, 24 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Received and filed.

41.  Fee Deferral - 1001 Ashby Avenue (PDF, 45 KB)

From: City Manager

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

Action: Received and filed.

42.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit - 2036 Shattuck Avenue, 2599 Telegraph Avenue (7/11/05), 1045 Ashby Avenue, 2599 Telegraph Avenue (8/8/05) (PDF, 4 MB)

From: City Manager

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

Action: Received and filed.

43.  Landmarks Preservation Commission Notice of Decision: Structure of Merit Designation - 2901 Otis; Landmark Designation - 2375-77 Shattuck (PDF, 1 MB)

From: City Manager

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

Action: Received and filed.

44.  Civic Arts Grant Allocations - FY 2006 (PDF, 55 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

Action: Received and filed.


Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Alta Bates

1.      Julie Gordon Shearer (2)      (Worthington and Spring)

2.      John O’Shaughnessy      (Worthington and Spring)

3.      Deborah LeVeen         (Worthington and Spring)

Beth El Temple Parking and Traffic

4.      Linda Trujillo Bargmeyer

GIS and Technology Fees Survey

5.      Barbara Gilbert

Community Peace Labyrinth

6.      Nina Ham, Margie Adam, and Nancy Carleton, EBLP Steering Committee

Odors and Possible Health Risks from Pacific Steel Casting

7.      The West Berkeley Alliance for Clean Air and Safe Jobs, submitted by Janice Schroeder (3)

8.      Nabil Al-Hadithy, Planning and Development Department

Debris on Sidewalks and Streets

9.      Saint John’s Neighbors, submitted by Anne Whyte

Iceland

10.  Melissa Fitzgerald (4)

11.  Toni Carreiro

12.  Barry Boersma

13.  Ronnie M. Wagner

14.  Glaser Family

15.  Liesl Songer-Nelson

16.  Thomas Sibbet

17.  Elise Boersma

18.  Jeff Wizig

19.  Hillary Johnston

20.  Cynthia Kroll

21.  Laurie Haun

22.  Casey Brodsky

23.  Maggie Ford

ADA Sensitivity Training for Taxi Drivers

24.  Toni Gugliemi, Bay Area Checker Cab      (Spring)

Baldwin v. Placer County

25.  Anne Whyte

Privatizing Social Security – Response to April 19, 2005 Council Item

26.  Senator Barbara Boxer

Off-Site Inclusionary Housing

27.  Barbara Gilbert

Dog Regulation

28.  Barbara Gilbert (3)

Cowboy Mentality Among Berkeley Paramedics

29.  Jamai Ellis and Glen Kitzenberger

Housing Desperation for All Californians

30.  Barbara Gilbert

Disbanding the Peace and Justice Commission

31.  Barbara Gilbert

Shopping and Parking Concerns

32.  C. Tom Fincher      (Spring)

Community Development Block Grant (CDBG) Program Consolidation and Funding Reduction – Response to April 12, 2005 Council Item

33.  Senator Barbara Boxer

West Campus Pool Closure

34.  Strawberry Creek Lodge, submitted by Nancy Wogan      (Moore)

Downtown University Plan Committee/Task Force Representative

35.  MAAGNA, submitted by Wendy Alfsen, Corresponding Secretary

UC Berkeley Donations

36.  Barbara Gilbert

1532 Martin Luther King Jr. Way Request for Public Hearing

37.  Brad and Dan Gerstein, Viki Von Lacken, Ann and Patrick Buechner, Phil Hamlett, Laura and Tara Singh, and Roxanne and Virginia Shack

1610 Oregon

38.  Sam Herbert


Supplemental Reports and Communications #1 (PDF, 4 KB)

To Be Delivered Item 1: Landfill Surcharge Fee Payments On Solid Waste

39.  Report, submitted by Claudette Ford, Public Works (PDF, 24 KB)

Item 18: Contract: FY 2005 Traffic Circles - Phase 2

40.  Daniel Marcus

41.  Jack and Laurel Coates, Mathews Street Block Club Members

42.  Renee Deljon and Lynne Reynolds, Mathews Street Block Club Members

43.  Matt Rosen and Jessica Wolin, Mathews Street Block Club Members

44.  Kellie Knox and Jacqueline Miranda, Mathews Street Block Club Members

45.  Rachel Raney and Esteban Bortiri, Mathews Street Block Club Members

46.  Jill Marsh

47.  Winifred P. Williams

Item 33: Support Instant Run-Off Voting (IRV) by communicating the City of Berkeley’s official request to the California Secretary of State, and to Alameda County to respect the will of the voters and strive to implement IRV for Berkeley in 2006

48.  Nancy Bickel

Item 34: Revisions of the Elmwood Business District Quotas

49.  Michael Bettendorf

50.  Lisa Lackey

51.  David Salk

Item 35: 2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069 - Supplement 1 File (PDF, 4 MB)

52.  Daphne and Georg Kalmar

53.  Nora E. Wagner

54.  Albert and Marian Magid

55.  Daphne Kalmar and Kim Kline

56.  Margot Klopp

57.  Hap Klopp

58.  John Lennie and Else C. Vellinga

59.  Ann K. Bowman

60.  Julie Gutzwiller

61.  Gunnar Bjorklund

62.  Robert and Jordan Stark

63.  Paul and Cynthia Lane

64.  Kimberley Kline (2)

65.  Daphne Kalmar (3)

Item 37: Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions

66.  Miriam Wilson

67.  Carleen Pertschuk

68.  David M. Wilson

69.  Warwick May

70.  Roslyn Fuerman

71.  Vivian C. Fendel

72.  David and Alison Sale (2)

73.  Benn Karne

74.  Scott Hambly (2)

75.  Mary Karne (2)

76.  Stephanie J. Hayes

77.  Barbara Gilbert

78.  Wendy Sullivan

79.  Gary Osterman

80.  Thomas Towey

81.  Leon Mayeri

82.  Jasdeep Singh Bal

83.  Mike Mitschang

84.  Carl Wilcox

85.  Marjorie Faltens

86.  Reza Yeganeh

87.  Berkeley Property Owners Association (BPOA), submitted by Michael Wilson, President

88.  Arman Rezaee

89.  Kee Nethery

90.  Jason Overman, Rent Stabilization Board Commissioner

91.  Tiffany Pitman

92.  Elaine Lou

93.  Rob Wrenn, Chair, Transportation Commission

94.  Susan Chacin, Housing Advisory Commissioner for the 2nd District

95.  Beverly Potter

96.  Milton von Damm

97.  Sarah Syed

98.  Sarah Schoeneman, BPOA Board Member

99.  Mary Drinan

100.  Charles F. Jarrett

101.  Paul Hogarth

102.  Andy Katz, Chair, Zoning Adjustments Board

103.  Nicholas Smith, Acting Deputy Director, ASUC City Affairs/Cal Housing and Vice Chairman, Berkeley Commission on Labor

104.  Jeffery De Puy

105.  Tim Murphy

106.  Sig Cohn

107.  Amalia Lorentz, Chair, Housing Advisory Commission

108.  Nick A. Pappas

109.  Howard Chong


Supplemental Reports and Communications #2 (PDF, 4 KB)

Ceremonial Item 6: Commendation Congratulating the City for its Zero Waste Work

110.  Global Alliance for Incinerator Alternatives, submitted by Monica Wilson

Item 34: Revisions of the Elmwood Business District Quotas

111.  Kimberly Tinawi

112.  Tad Laird

Item 37: Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions

113.  Lawrence Kiviat


Adjournment

Adjourned at 9:43 p.m. in memory of the victims of Hurricane Katrina.