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as soon as they are finalized.
Note:
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~~~~~~~~~~~~~~~~~~~~~
summary
BERKELEY CITY COUNCIL MEETING
Tuesday, September 19, 2006
7:00 P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Roll Call: 7:20 p.m., All present.
Ceremonial
Matters:
1.
Pledge of Allegiance to the Flag
2.
Oath of Office
3.
Proclamation for Latino Health Month and Binational Health
Week
4.
Songs by Berkeley Guitar
City Manager Comments: None.
Public Comment: 15 speakers.
Consent
Calendar – Recess
Action: Moved, seconded, carried (Maio/Worthington) to ratify actions taken by
the City Manager during Council’s Summer Recess in one motion except at
indicated:
1.
Contract: Handheld
Parking Citation Computers (PDF, 24 KB)
From: City Manager
Recommendation: Adopt a Resolution
ratifying the action taken by the City Manager during recess to execute an
amendment to the contract with Enforcement Technology Inc. (E-Tech) for the
purchase of seven handheld parking citation computers, increasing the amount by
$69,000, in an amount not to exceed $419,000.
Financial Implications: Enterprise Fund 840 -
$419,000
Contact:
Douglas Hambleton, Chief of Police, 981-5700
Action:
Adopted Resolution No. 63,418–N.S.
(PDF, 47 KB)
2.
Purchase Order: Deoxyribonucleic
Acid Testing (PDF, 25 KB)
From: City Manager
Recommendation: Adopt a Resolution
ratifying the action taken by the City Manager during recess to increase FY
2006 Purchase Order #57001 to Forensic Analytical Laboratory by $11,720 for
Deoxyribonucleic Acid (DNA) testing and analysis services provided in FY 2006,
expenditures that exceeded the $45,000 purchase limit.
Financial Implications: General Fund - $11,720
Contact: Douglas Hambleton, Police, 981-5700
Action: Adopted Resolution No. 63,419–N.S.
(PDF, 62 KB)
3.
Contract: Planning and Consultation Services
(PDF, 24 KB)
From: City Manager
Recommendation: Adopt a Resolution
ratifying the action taken by the City Manager during the City Council recess
to execute an amendment to the contract with Vivian Kahn of Kahn/Mortimer
Associates for planning and consulting services, increasing the amount from
$24,999 to $35,644, for the completion of the mandated CEQA review for the
Corporation Yard seismic safety project.
Financial Implications: Permit Service Center Fund
- $35,644
Contact:
Phil Kamlarz, City Manager, 981-7000
Action: Adopted Resolution No. 63,420–N.S.
(PDF, 55 KB)
4.
Purchase Order:
Uniform Rental and Laundry Services (PDF, 23 KB)
From: City Manager
Recommendation: Adopt a Resolution
ratifying the action taken by the City Manager during recess to increase the FY
2006 Blanket Purchase Order No. 57441 for Aramark Uniform Services from $42,343
to $47,952, in order to pay an outstanding account balance of $5,609 incurred
in FY 2006.
Financial Implications: Refuse Collection/Disposal
Fund - $5,609
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,421–N.S.
(PDF, 37 KB)
Action: Moved, seconded, carried
(Maio/Worthington) to adopt the Consent Calendar in one motion except as
indicated:
5. Minutes for Approval
(PDF, 141 KB)
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of July 17, 2006 (special closed), July 18, 2006 (special
and regular), July 24, 2006 (special closed), July 25, 2006 (special), and
August 1, 2006 (special).
Financial Implications: None.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Action:
Approved minutes.
6.
Formal Bid Solicitations and Request for Proposals
(PDF, 95 KB)
From:
City Manager
Recommendation:
Approve the request
for proposals (RFP) that will be, or is planned to be, issued upon final
approval by the requesting department.
Financial Implications: Various Funds - $4,105,125
Contact: Fran David, Finance, 981-7200
Action: Approved recommendation.
7.
Contract: Dorothy Day
House "Homeless Meals Delivery Van" (PDF, 22 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing an amendment to the contract with Dorothy Day House to increase the
amount by $5,700 for a total not to exceed $ 98,853 for the period July 1, 2005
through June 30, 2007 for the purchase of a replacement van for the delivery of
meals to the homeless for the Trinity Methodist Church Breakfast Program.
Financial Implications: General Fund - $5,700
Contact: Stephen
Barton, Housing, 981-5400
Action: Adopted Resolution
No. 63,422–N.S. (PDF, 44 KB)
8. Endorsing California Proposition 1C, the Housing and Emergency
Shelter Trust Fund Act of 2006 (PDF, 26 KB)
From: City Manager
Recommendation: Adopt a Resolution
endorsing California Proposition 1C, the Housing and Emergency Shelter Trust
Fund Act of 2006.
Financial Implications: None
Contact:
Stephen Barton, Housing, 981-5400
Action:
Adopted Resolution No. 63,423–N.S.
(PDF, 91 KB)
9.
Retiree Health Premium Assistance Plan
(PDF, 90 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution 61,752-N.S. (Sections 2.13 and 2.16), the Retiree Health
Premium Assistance Plan, to modify the definition of "Eligible
Retiree" and "Years of Service" within the plan document to
attract and retain regular at-will employees who have significant years of
service in CalPERS in another public agency or in a 1937 County Retirement Act
pension system, to be retroactive to July 1, 2005.
Financial Implications: See report
Contact:
David W. Hodgkins, Human Resources, 981-6800
Action:
Adopted Resolution No. 63,424–N.S.
(PDF, 156 KB)
10.
Contract: Retiree
Medical Plan Actuarial Services (PDF, 27 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Milliman, Inc. in an amount not to exceed $30,000 for actuarial services of the
miscellaneous employees Retiree Health Premium Assistance Plan, the Berkeley
Fire Fighters Association retiree medical benefit and the Berkeley Police
Association retiree medical benefit for the period of September 25, 2006
through June 30, 2007.
Financial Implications: Payroll Deduction Trust
Fund - $30,000
Contact:
David W. Hodgkins, Director of Human Resources, 981-6805
Action: Adopted Resolution No. 63,425–N.S.
(PDF, 53 KB)
11.
Vacation Accrual for Library Executive Management
(PDF, 355 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
amending Resolution No. 60,777- N.S, the Unrepresented Employee Manual,
(Article 13.08.02 -Vacation Schedules) to permit the Director of Library
Services and the Deputy Director of Library Services to accrue vacation leave
at a higher rate.
Financial Implications: See report
Contact: David W.
Hodgkins, Human Resources, 981-6800
Action: Removed from the Agenda by the City Manager.
12.
Grant: Department of
Alcoholic Beverage Control (PDF, 29 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to 1) execute a grant contract, and any
amendments, with the State of California in order to accept $84,300 in
Department of Alcoholic Beverage Control (ABC) Grant funding and, 2)
appropriate these funds for the enforcement of laws prohibiting alcohol to
minors, persons under the age of 21 possessing alcohol, as well as other
alcohol related crimes.
Financial Implications: ABC Grant Fund - $84,300
Contact:
Douglas Hambleton, Chief of Police, 981-5750
Action:
Adopted Resolution No. 63,426–N.S.
(PDF, 52 KB)
13.
Contract: Sanitary Sewer Project
(PDF, 160 KB)
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Shattuck Avenue, Tremont Street, 62nd Street, 63rd Street, Martin Luther King,
Jr. Way, Adeline Street, and Parnassus Road backline; accepting the bid of
Pacific Trenchless, Inc.; and authorizing the City Manager to execute a
contract and any amendments, extensions or other change orders until completion
of the project in accordance with the approved plans and specifications, in an
amount not to exceed $908,930 for a period of 220 days from the date of the
execution of the contract.
Financial Implications:Sanitary Sewer Fund -
$908,930
Contact:
Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,427–N.S.
(PDF, 64 KB)
14. Funding for UC/CSU Host Cities Conference on Housing and
Transportation (PDF, 18 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution
approving the expenditure of $750 in FY07 funds from the Mayor’s Office budget
for co-sponsorship of the UC-CSU Host Cities joint conference with the campuses
- “Bridging the Town-Gown Divide: Issues in Transportation and Housing” to be
held on October 12, 2006 at UC Davis.
Financial Implications:Mayor’s Office - $750
Contact:
Tom Bates, Mayor, 981-7100
Action:
Adopted Resolution No. 63,428–N.S.
(PDF, 51 KB)
15.
Support of Lt. Watada’s Refusal to Fight in Iraq
(PDF, 16 KB)
From:
Councilmember Spring
Recommendation:
Adopt a Resolution supporting Lt. Ehren Watada’s refusal to fight in Iraq;
forwarding the resolution to our federally elected officials; and issuing a
press release of Council’s action to the major national and local media.
Financial Implications: None
Contact: Dona
Spring, Councilmember District 4, 981-7140
Action: Adopted Resolution No. 63,429–N.S.
(PDF, 70 KB)
16.
Economic Development Quarterly Reports And Work Sessions
(PDF, 21 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager
to 1) develop Economic Development Quarterly Reports that detail important
economic details for the City, including job creation, unemployment statistics,
sales tax revenue by business district, and retail vacancy rates; and 2) for
one year, schedule quarterly work sessions to discuss these reports.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation.
17.
Funding For A Campus Neighborhood Watch Program
(PDF, 30 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution
committing matching funding of $7,500 to support the Cal Campus Neighborhood
Watch Program.
Financial Implications: $7,500
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Removed from the Consent Calendar by
Councilmember Olds. Held over to
September 26, 2006 by Councilmember Worthington.
18. Support Proposition 84: Water Quality, Flood Control, And
Natural Resource Protection Bond (PDF, 22 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 84,
which through a $5.4 billion bond,
would fund projects related to safe drinking water, water quality and supply,
flood control, waterway and natural resource protection, water pollution and
contamination control, state and local park improvements, public access to
natural resources, and water conservation efforts.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation.
19.
Support Proposition 86: Tax on Cigarettes for Health Services
(PDF, 23 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 86,
which would impose an additional 13 cents on each cigarette which will provide
funding to qualified emergency medical services.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember
District 7, 981-7170
Action: Approved recommendation.
20.
Support Proposition 87: Alternative Energy Research Tax On
California Oil (PDF, 22 KB)
From: Councilmember Worthington
Recommendation: Support Proposition
87,which would establish a program to reduce oil and gas usage with research
and production incentives for alternative energy.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
21.
Contract: Case Management Services - University Avenue Homes
(PDF, 37 KB)
From: Homeless Commission
Recommendation: Adopt a Resolution
supporting the Council's recommendation to allocate an additional $21,000 for
Lifelong Medical Care's Supportive Housing Program to provide case management
services at University Avenue (UA) Homes and authorizing an amendment to the
contract, increasing the amount by $21,000 for a total not to exceed $937,631
for the period July 1, 2005 through June 30, 2007.
Financial Implications: General Fund - $21,000
Contact:
Jane Micallef, Secretary, Homeless Commission, 981-5426
Action: Adopted Resolution No. 63,430–N.S.
(PDF, 42 KB)
22.
Appointments to the Mental Health Commission
(PDF, 22 KB)
From:
Mental Health Commission
Recommendation:
Adopt a Resolution
re-appointing Michael Diehl (General Public Interest) and Howard King (General
Public Interest) to three year terms beginning September 19, 2006 and ending
September 18, 2009; reappointing Sandi Harrington (Special Public Interest) to
her term ending June 22, 2008; reappointing Artensia Barry (Special Public
Interest) to her term ending October 21, 2006 and reappointing her for another
three-year term beginning October 22, 2006 and ending October 21, 2009 on the
Mental Health Commission.
Financial Implications: None
Contact: Carol Patterson, Secretary, Mental Health
Commission, 981-5217
Action: Adopted Resolution No. 63,431–N.S.
(PDF, 54 KB)
23.
BPD Mutual Aid Agreements, Understandings and Policies, 2005
Publication (PDF, 21 KB)
From: Police Review Commission
Recommendation: Adopt a Resolution
approving the Berkeley Police Department's (BPD) Mutual Aid Agreements,
Understandings and Policies, 2005 Publication pursuant to Ordinance No.
4640-N.S.
Financial Implications: None
Contact: Victoria Urbi, Secretary, Police Review
Commission, 981-4960
Action: Adopted Resolution No. 63,432–N.S.
(PDF, 58 KB)
Action Calendar – Public Hearing
24. 1201 San Pablo Avenue / 1100 Harrison Street
a. Supplemental Report
(PDF, 543 KB) (July 18, 2006)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
b. From: City Manager
(PDF, 3 MB) (July 18, 2006)
Recommendation: Conduct a Public Hearing
and upon conclusion, adopt a Resolution affirming the decision of the Zoning
Adjustments Board (ZAB) to approve Use Permit No. 05-10000029 to construct a
30-unit, mixed-use project, and dismissing the appeal.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
c. Appeal (July 18, 2006)
1.
Susan Pinto and Kain/Stannage Neighbors who also join in the
appeal. (PDF, 965 KB)
d. Communications (July 18, 2006)
1. James
E. Hart (PDF, 289 KB)
2. 1201
San Pablo Appellants (PDF, 4 MB)
e. Communications
(September 19, 2006)
1. Stephen
Wollmer (PDF, 829 KB)
Public
Testimony: The Mayor opened the public
hearing. 17 speakers. Moved, seconded, carried (Wozniak/Capitelli)
to close the public hearing.
Action: Moved, seconded, carried
(Capitelli/Maio) to continue the decision to September 26, 2006.
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 – New Business
25.
Development Standards Related To Density Bonuses (PDF,
4 MB) (to be delivered)
From: City Manager
Recommendation: Discussion on options and
recommendations from Joint Subcommittee on Density Bonus to adopt first reading
of an ordinance amending Title 23.E related to density bonus for mixed used and
multi-family residential projects in commercial districts.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Actions: Moved, seconded, failed
(Olds/Maio; Noes – Moore, Capitelli, Bates; Abstain – Anderson, Wozniak) a
substitute motion to adopt first reading of an ordinance as proposed by the
Subcommittee.
Moved, seconded, carried (Wozniak/Capitelli; Noes – Olds; Abstain –
Anderson, Worthington) the main motion to adopt first reading of an ordinance amending
Berkeley Municipal Code (BMC) Title 23 as proposed by staff and further amended
to include a sunset provision. Second reading scheduled for September 26, 2006.
26.
Major Residential Additions (PDF,
6 MB) (to be delivered)
From:
City Manager
Recommendation: Discussion on options and recommendations to adopt first reading of an
ordinance amending Berkeley Municipal Code Title 23 to: 1) create new height
limits for residential additions; 2) alter the definition of major residential
additions; 3) alter the calculation of maximum height; 4) limit the dimensions
for roof appendages; and 5) create a definition for dormers.
Financial Implications: See report
Contact: Dan
Marks, Planning and Development, 981-7400
Action: Moved,
seconded, carried (Olds/Spring; Noes – Moore, Anderson) to adopt first reading
of an ordinance amending Berkeley Municipal Code Title 23. Second reading scheduled for September 26, 2006.
27. Street Sweeping Program
a. From: Public Works Commission
(PDF, 40 KB)
Recommendation: The following
recommendations are made in response to Council's request for advice on an
implementation program for city-wide residential street sweeping: a) The
regular residential city-wide street sweeping policy adopted a decade ago be
implemented in several stages. b) The
first phase to be reintegration of exempted or opt-out blocks into existing
routes where possible. c) This first
phase be preceded by a press release stressing the necessity for expanding
sweeping of streets and by written notification to residents of blocks affected. d) The City begins to look for funds to
achieve further expansion which will require additional employees and
equipment.
Financial Implications: See report
Contact:
Jeff Egeberg, Secretary, Public Works Commission, 981-6400
b. From: City Manager
(PDF, 20 KB)
Recommendation:
It is recommended
that staff be given until January, 2007 to fully analyze the financial and
operational impacts of the expanded street sweeping proposed by the Public
Works Commission (PWC).
Financial Implications: None
Contact: Claudette
Ford, Public Works, 981-6300
Action: Moved, seconded, carried (Moore/Spring) to
approve a recommendation that the City Manager return in January with
recommendations on how to implement the street sweeping program including
benefits and costs.
28.
Fee Deferral: Oxford Plaza and David Brower Center
(PDF, 528 KB)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
Action:
Received and filed.
29.
Impacts of Proposition 90 (PDF, 2 MB) (to be delivered)
From: City Manager
Contact: Dan
Marks, Planning and Development, 981-7400
Action: Received and filed.
30. Landmarks Preservation Commission – Notice Of Decision: 2411
Fifth Street Structure of Merit Designation (PDF, 2 MB)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Received and filed.
31.
Landmarks Preservation Commission – Notice Of Decision: 1350
Fourth Street - Structural Alteration Permit (PDF, 2 MB)
From:
City Manager
Contact: Dan Marks,
Planning and Development, 981-7400
Action: Received and filed.
32. Landmarks Preservation Commission – Notice Of Decisions: 1)
2947-53 College Avenue (Landmark) 2) 2988-2992 Adeline Street (Structure of
Merit) (PDF, 5 MB)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Received and filed.
33. Landmarks Preservation Commission – Notice Of Decision: 1770
La Loma Avenue (Landmark) (PDF, 3 MB)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Received and filed.
34. UC Berkeley Memorial Stadium Nomination to National Register
of Historic Places -Response by Landmarks Preservation Commission (LPC)
(PDF, 15 MB)
From: City Manager
Contact: Dan Marks, Planning and Development 981-7400
Action: Received and filed.
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.
Re-designing
People’s Park
1. Carol
Denney
Solar
Power System Installations
2. Tom
Roberts, Sierra Club, San Francisco Bay Chapter
Greenhouse
Gas
3. Walter
Wood
Oak Tree
Removal
4. Daniella
Thompson
5. Daniella
Thompson
Save
the Oak Trees – UC Memorial Stadium
6. Mr.
and Mrs. N.K. Farrell
7. Kay
Lyman
8. Melinda
Fernando (Numerous communications submitted in a substantially similar
format to this communication are on file in the City Clerk Department).
Berkeley
Lab’s Site Environmental Report
9. Michael
Ruggieri
Be
Part of History
10. Falun Gong Human
Rights Working Group
UCB
Full Mitigation of Expansion Impacts
11. Wendy Alfsen
Parking
Citation Fine Schedule
12. Thomas W. Cline
Berkeley
Economic Development
13. Barbara Gilbert
Declining
Public School Enrollment
14. Barbara Gilbert
Wi-Fi
in Berkeley
15. Eric C.S. Dynamic
16. Eric Dynamic
Warm
Water Pool
17. *****@limage-lab.com
Relocation
of Clif Bar & Co.
18. Gary Erickson and
Kit Crawford, Owners, Clif Bar & Co.
FEMA
Remapping of Flood Risk Zones
19. Fred Dodsworth
Use
of Neighborhood Parking Spaces by UC
20. Sharon Hudson
Wachovia
Corporation Acquisition
21. A. Linwood Gill,
III
Global
Warming Disaster
22. Evan Raymond
Proposition
218: Property-related Fees
23. Barbara Gilbert
Draft
EIR of the Southeast Campus Integrated Projects
24. Dean Metzger
Affordable
Housing
25. Barbara Gilbert
“Doing the Wrong Thing in Afghanistan: Depleted
Uranium: The Definitive Moral Paradox”
26.
An Article by Michael Clarke, submitted by Leuren Moret
Access
to Legal Pharmaceuticals Act
27. Senator Dianne
Feinstein
Emergency
Cleaning of Storm Drain System
28. Jennifer Pearson
29. Fred Dodsworth
BAPAC
Proposal
30. Andrea DuFlon
Paris
Gets it Right
31. An article from
“Parler Paris”, submitted by Hank Resnik
Modeling
after Downtown San Rafael
32. Barbara Gilbert
Urban
Quality of Life
33. Sharon Hudson
Community
Choice
34. Eight postcards
submitted by Rasjidah Berger
Development
Standards related to Density Bonus
35. Sharon Hudson
Major
Residential Additions
36. Patricia and Robert
Spear
Item 17:
Funding For A Campus Neighborhood Watch Program
37. Julia Harter
Item 24:
1201 San Pablo Avenue / 1100 Harrison Street - Supplement
1 File (PDF, 6 MB)
38.
Jim Hart
39.
1201 San Pablo / 1100 Harrison Appellants (2)
40.
Stephen Wollmer
41.
Scott, Kelli and Nathan Bodensteiner
Item 25:
Development Standards Related To Density Bonuses
42.
Elizabeth Lake on behalf of Urban Housing Group and Essex
Property Trust (UHG/Essex)
43.
Barbara Gilbert
44.
Pam Speich
45.
Elizabeth Lake
46.
Betsy Thagard
47.
Teresa Clarke
48.
Marie Bowman
49.
Kristen Leimkuhler
Item 26: Major Residential Additions
50.
Margaretta K. Mitchell
51.
G.S. Morris
52.
Donald Zinn
53.
Traci Bone
54.
Jason Kaldis (2)
55.
Carl & Joan Strand
56.
Alan and Aleyda Swain
Item 30: Landmarks Preservation Commission – Notice Of
Decision: 2411 Fifth Street Structure of Merit Designation
57. Appeal filed by
Laura Fletcher
Item 24: 1201 San Pablo Avenue / 1100 Harrison Street - Supplement
2 File (PDF, 2 MB)
58.
Jim Hart – Drawing
59.
Mary Wyand
Item 25: Development Standards Related To Density Bonuses
60.
Marie Bowman
Item 26: Major Residential Additions
61. Catherine Roha
Adjourned at 11:28 p.m.
