City Council eSummary - 10/24/06

Regular Meeting eSummary
October 24, 2006

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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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, october 24, 2006

7:00 P.m.

Preliminary Matters

Roll Call: 7:04 p.m. All present.

Ceremonial Matters:

1. Proclamation declaring October 24, 2006 United Nations Day.

2. Proclamation presented to George Smoot, of Lawrence Berkeley National Laboratory, commending his award of the 2006 Nobel Prize in Physics and declaring December 10, 2006 George Smoot Day.

3. Proclamation declaring November 2006 as Help the Homeless by Dining Out Month.

City Manager Comments:

1. Registered voters may vote in the City Clerk Office from now through Election Day.

2. This Saturday, October 28, City staff and neighbors are having an All Crew Day to clean out storm drains, 9:00 a.m. to noon at the Corp. Yard.

3. On October 31, at 1:30 p.m., there will be a ribbon cutting ceremony at the new fire station at 3000 Shasta Road.

4. On November 8, the school district and City are co-sponsoring an event on how families can address alcohol and drug abuse issues. 6:30 p.m., 2701 Martin Luther King Way.

5. On Saturday, November 11th, there is an all-day, ASUC-sponsored event, called the Berkeley Project, where a thousand students are volunteering at various city services.

6. Recognition and thanks to Tom Myers, who is retiring this Friday, for the many years of dedicated service to the City.

Public Comment

Consent Calendar

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

1. Affordable Housing Mitigation Fee (PDF, 77 KB) (First reading October 10, 2006. Absent – Maio)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.065.B. to establish a sliding scale reduction in the maximum affordable housing mitigation fee for conversion of rental property to condominiums by owner-occupants.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Ordinance No. 6,950–N.S. (PDF, 78 KB) Effective November 23, 2006.

2. Major Residential Additions (PDF, 52 KB) (First reading October 10, 2006. Absent – Maio)

From: Councilmember Worthington

Recommendation: Adopt second reading of an Ordinance amending Ordinance No. 6,949-N.S. to exempt certain residential additions.

Financial Implications: None.

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

Actions: Removed from the Consent Calendar by Councilmember Maio. Moved, seconded, (Worthington/Moore) a main motion to rescind the first reading with the intent of adopting a new first reading with a revised date of October 26, 2006. Moved, seconded, carried (Capitelli/Maio – Noes – Moore, Anderson, Worthington; Abstain – Spring) to adopt Ordinance No. 6,951–N.S. (PDF, 36 KB) as written. Effective November 23, 2006.

3. Minutes for Approval (PDF, 102 KB)

From: City Manager

Recommendation: Approve minutes of the following meetings: a) September 18, 2006 (closed); b) September 19, 2006 (regular); c) September 26, 2006 (closed); d) September 26, 2006 (regular).

Financial Implications: None

Contact: Sherry M. Kelly, City Clerk, 981-6900

Action: Approved minutes.

4. Contract: Meter and Pre-sort Services for Outgoing Mail (PDF, 32 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Quick Sort Mailing Services for metering and pre-sort service for outgoing mail from November 1, 2006 through June 30, 2009, for a total amount not to exceed $400,000.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,452–N.S. (PDF, 34 KB)

5. Contract: Uniform Rental and Laundry Services (PDF, 32 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Aramark Uniform Services to provide rental and laundering of uniforms, walk-off mats, towels, and miscellaneous items for various departments, as needed from July 1, 2006 through June 30, 2008, in an amount not to exceed $150,000 per year.

Financial Implications: Various Funds - $150,000

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,453–N.S. (PDF, 38 KB)

6. Formal Bid Solicitations and Request for Proposals (PDF, 120 KB)

From: City Manager

Recommendation: Approve the request for proposals (RFP) that will be issued upon final approval by the requesting department.

Financial Implications: Various Funds - $245,000

Contact: Robert Hicks, Finance, 981-7300

Action: Approved recommendation.

7. National Incident Management System (PDF, 27 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the National Incident Management System (NIMS) as the City’s official all-hazards incident response system to prevent, prepare for, respond to, and recover from disasters, regardless of cause, size or complexity.

Financial Implications: None.

Contact: Debra Pryor, Fire Chief, 981-5500

Action: Adopted Resolution No. 63,454–N.S. (PDF, 58 KB)

8. Contract: Financial Advisory and Technical Services (PDF, 31 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with The National Development Council (NDC) for financial advisory and technical services to increase the contract amount by $21,000 for an amount not to exceed $45,500.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,455–N.S. (PDF, 57 KB)

9. Contract: Financial Consulting Services (PDF, 31 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 to increase the contract amount by $50,000 for an amount not to exceed $140,000

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,456–N.S. (PDF, 41 KB)

10. Contract: Peer Review Construction Cost Services (PDF, 32 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Dabri, Inc. for financial peer review services to increase the contract amount by $26,700 for an amount not to exceed $40,800.

Financial Implications: See Report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,457–N.S. (PDF, 52 KB)

11. Contract: Peer Review Waterproofing Services (PDF, 30 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McGinnis Chen Associates, Inc. for peer review services to increase the contract amount by $18,000 for an amount not to exceed $36,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,458–N.S. (PDF, 54 KB)

12. Personnel Rules and Regulations Amendment (PDF, 72 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,776-N.S, the Personnel Rules and Regulations, to add language in Section 9 (Method of Filling Vacancies) to establish an administrative procedure for internal promotion through a non-competitive personnel action for employees working in classification series that require professional licensure, certification or registration.

Financial Implications: None

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

Action: Adopted Resolution No. 63,459–N.S. (PDF, 102 KB)

13. Grant Application: Workforce Housing Reward Program (PDF, 32 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a $242,626 Workforce Housing Reward Program grant from the State of California, Department of Housing and Community Development; and to execute the resultant revenue agreement and any amendments for community improvements, including Francis Albrier Center.

Financial Implications: See report

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

Action: Adopted Resolution No. 63,460–N.S. (PDF, 40 KB)

14. Contract: Marina Dock H-I Replacement Project (PDF, 486 KB) (to be delivered)

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Berkeley Marina Dock H-I Replacement Project, Specifications No. 05-10011-C (rebid); accepting the bid of the lowest responsible bidder to be determined on completion of negotiations; 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 $3,569,366 for a period of 240 calendar days from the date of the execution of the contract.

Financial Implications: Various Funds - $3,569,366

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,461–N.S. (PDF, 51 KB)

15. Contract: On-Call Storm Drain Services (PDF, 30 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with J. F. Pacific Liners, Inc., adding to the scope of services, increasing the amount from $24,500 to an amount not to exceed $50,000, and extending the term to December 31, 2007.

Financial Implications: Capital Improvement Fund - $25,100

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,462–N.S. (PDF, 37 KB)

16. Major Encroachment Permit for David Brower Center Solar Panels (PDF, 111 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to Equity Community Builders, L.L.C., to encroach upon the public right-of-way on the north side of Allston Way for the installation of solar panels for the David Brower Center, conditional to acceptance of design and approval by the City Engineer.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,463–N.S. (PDF, 56 KB)

17. 2006-2007 Volunteer Champions Campaign (PDF, 28 KB)

From: Mayor Bates

Recommendation: Refer to the City Manager the development of an annual campaign that promotes and publicizes employee volunteerism in the community, especially volunteerism with Berkeley’s youth and families.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

18. Opposition To New Homeland Security Rules Regarding “No Match” Letters (PDF, 358 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation: Adopt a Resolution opposing new Department of Homeland Security rules that would hold employers liable for violating immigration law if they continue to employ workers who receive “no-match” letters from the Social Security Administration.

Financial Implications: None

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

Action: Adopted Resolution No. 63,464–N.S. (PDF, 66 KB)

19. Funding for Ecology Center’s Environmental Summit (PDF, 27 KB) (held over from October 10, 2006 by Mayor Bates)

From: Mayor Bates

Recommendation: Adopt a Resolution authorizing $500 from the Mayor’s discretionary budget to the Ecology Center to help fund their first annual Environmental Summit.

Financial Implications: Mayor’s Office Budget - $500

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,465–N.S. (PDF, 30 KB)

20. Funding for Ecology Center (PDF, 192 KB) (held over from October 10, 2006 by Mayor Bates)

From Councilmember Maio

Recommendation: Adopt a Resolution authorizing $2,000 in FY 2006 carryover funds from Councilmember Maio’s office budget to the Ecology Center for Berkeley EcoHouse.

Financial Implications: Councilmember Maio’s Office Budget - $2000

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

Action: Adopted Resolution No. 63,466–N.S. (PDF, 26 KB)

21. City Auditor's Duties and Authority (PDF, 31 KB)

From: City Auditor

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 2.24 giving all auditor job classifications the authority to issue administrative citations for violations of City ordinances.

Financial Implications: See report

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Action: Adopted first reading of Ordinance. Second reading scheduled for November 14, 2006.

22. Appointment to the Mental Health Commission (PDF, 31 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Robin M. Williams to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning October 25, 2006 and ending October 24, 2009.

Financial Implications: None

Contact: Carol Patterson, Secretary, Mental Health Commission, 981-5217

Action: Adopted Resolution No. 63,467–N.S. (PDF, 38 KB)

23. Regional Composting Facility (PDF, 27 KB)

From: Zero Waste Commission

Recommendation: Support and participate in a proactive countywide process to identify appropriate in-county locations for future composting facilities.

Financial Implications: None

Contact: Tania Levy, Secretary, Zero Waste Commission, 981-6368

Action: Approved recommendation.

Action Calendar – Old Business

24. 1201 San Pablo Avenue / 1100 Harrison Street (Public hearing closed on September 19, 2006. Re-opened on October 10, 2006 and October 16, 2006 and continued to this meeting.)

a. Supplemental Reports from City Manager

1. October 24, 2006 (PDF, 3 MB) (to be delivered)

2. October 16, 2006 (PDF, 61 KB) | Attachment (PDF, 26 KB)

3. July 18, 2006 (PDF, 543 KB)

Contact: Dan Marks, Planning and Development, 981-7400, Manuela Albuquerque, City Attorney, 981-6950

b. From: City Manager (PDF, 3 MB) (July 18, 2006)

Recommendation: 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)

f. Supplemental Communications (September 19, 2006)

- Supplement 1 File (PDF, 6 MB)

1. Jim Hart – Revised Proposal

2. 1201 San Pablo/1100 Harrison Appellants (2)

3. Stephen Wollmer

4. Scott, Kelli and Nathan Bodensteiner

- Supplement 2 File (PDF, 2 MB)

5. Jim Hart – Drawing

6. Mary Wyand

g. Supplemental Communications (September 26, 2006)

- Supplement 1 File (PDF, 2 MB)

1. Jim Hart – Revised Application

2. Prakash Pinto

3. Daniel W. Corvello

4. Mary Wyand

5. Beth Bernstein

6. Jean Molesky

7. Yvette Bozzini

8. Uile Cuileannain

9. Mary Wyand for Erika Lamm

10. Jim Hart

- Supplement 2 File (PDF, 719 KB)

11. Rena Rickles

12. Don Mill

13. Rempel Architects

h. Communications (October 10, 2006)

1. Jim Hart (PDF, 897 KB)

i. Supplemental Communications (October 10, 2006)

- Supplement 1 File (PDF, 3 MB)

1. 1201 San Pablo / 1100 Harrison Appellants

2. Mary Wyand

3. Jim Hart

4. Steven Donaldson

5. Mary Wyand

- Supplement 2 File (PDF, 40 KB)

6. Rena Rickles

j. Supplemental Communications (October 16, 2006)

1. Jim Hart (Revised compromise plan) (PDF, 183 KB)

k. Communications (PDF, 449 KB) (October 24, 2006)

1. Barbara Gilbert

2. Stephen Wollmer

Action: Moved, seconded, carried (Capitelli/Maio) to adopt Resolution No. 63,468–N.S. (PDF, 2 MB) affirming the decision of the Zoning Adjustments Board with amended conditions of approval and denying the appeal.