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Regular
Meeting eAgenda |
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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. Note:
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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, november 28, 2006
7:00 p.m.
Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
This
meeting will be conducted in accordance with the Brown Act, Government Code
Section 54953, Teleconferencing. Any member of the public may attend this
meeting at either location. Questions regarding this matter may be addressed to
Sherry M. Kelly, City Clerk, 981-6900.
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
Council Action: The City Council may take action related to any subject listed on the Agenda.
Consent Calendar
The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.
1. Amendments to Zoning Ordinance (PDF, 68 KB) (first reading November 14, 2006 - Noes – Olds; Abstain – Capitelli, Wozniak)
From: City Manager
Recommendation: Adopt second reading of an Ordinance adding BMC Section 23C.04.100 regarding rebuilding after disaster, with the language of Section 23C.04.100(A)(1) as recommended by the City Manager, and amending BMC Section 23B.44.010 regarding modifications to zoning regulations by a Use Permit to comply with the Creeks Ordinance.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
2. Valentine v. City of Berkeley (PDF, 74 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 05 220900 entitled Valentine Corporation v. City of Berkeley in the amount of $23,500.
Financial Implications:$23,500 - Refuse Fund
Contact: Manuela Albuquerque, City Attorney ,981-6950
3. Minutes for Approval (PDF, 125 KB)
From: City Manager
Recommendation: Approve minutes for meetings of November 13 (closed) and November 14, 2006 (special and regular).
Financial Implications: None
Contact: Sherry M. Kelly, City Clerk, 981-6900
4. Contract: Design and Construction of the Corporation Yard Gates (PDF, 88 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Berkeley artist Eric Powell to design and construct two new gates for the Corporation Yard in an amount not to exceed $69,000 for the period of December 1, 2006 through December 31, 2007.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7000
5. Lease: 1013 Pardee Street No. 105 (PDF, 62 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing a one year lease from October 1, 2006 to September 30, 2007 for an existing warehouse at 1013 Pardee Street, No. 105 (alternate address of 2700 10th Street) for the storage of fire and police equipment emergency supplies and equipment.
Financial Implications: Bond Measure Q - $133,745
Contact: Debra Pryor, Fire, 981-5500
6. Contract: Class – Earthquake: Introduction to Emergency Management (PDF, 79 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Governor’s Office of Emergency Services in an amount not to exceed $33,000 to provide a class entitled “Earthquake: An Introduction to Emergency Management in California”.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-5500
7. Contract: Project Management Training Services (PDF, 84 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Alex Walton, 3PM Company, for the development and delivery of a variety of project management training courses and related consulting services, increasing the contract amount by $60,000 for an amount not to exceed $84,999, and extending the term to December 31, 2009.
Financial Implications: Training Fund - $60,000
Contact: David W. Hodgkins, Human Resources, 981-6800
8. Contract: Financial Software Maintenance (PDF, 82 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Sungard H.T.E. Inc. for maintenance of software for the City's financial system, FUND$ from July 1, 2006 to June 30, 2009, for a total amount not to exceed $400,000.
Financial Implications: General Fund - $400,000
Contact: Chris Mead, Information Technology, 981-6510
9. Contract: Web Content Management Software (PDF, 35 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Applied Knowledge, Inc. (AKI) for the purchase and installation of web content management software and associated services, from December 1, 2006 to December 1, 2008, for a total amount not to exceed $70,000.
Financial Implications: General Fund - $70,000
Contact: Chris Mead, Information Technology, 981-6510
10. Contract: Email Subscription and Notification Service (PDF, 90 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing an amendment to the contract with GovDelivery Inc. (formerly GovDocs) to increase the amount by $31,000 for a total not to exceed $ 56,000 and extending the period to June 30, 2008 for the continuation of the service whereby members of the public are kept up to date on commission meetings, planning proposals, and other matters of interest.
Financial Implications: General Fund - $31,000
Contact: Chris Mead, Information Technology, 981-6510
11. Contract: Internet and Network Bandwith Security Software (PDF, 92 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Extra Team I.T. Consulting Group, Inc., to install internet and network bandwidth security management software and provide associated network security services, from December 4, 2006 to December 31, 2009, for a total not to exceed $125,000.
Financial Implications: General Fund - $125,000
Contact: Chris Mead, Information Technology, 981-6510
12. Grant Application: Middle Dock Replacement at South Sailing Basin (PDF, 21 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the California Department of Boating and Waterways (DBW) in an amount not to exceed $90,000 for replacement of middle dock replacement at South Sailing Basin; to accept the grant; to execute resultant revenue agreements and amendments; and authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: Grant - $90,000
Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
13. Creeks Ordinance (PDF, 124 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the Negative Declaration and adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 17.08, Preservation and Restoration of Natural Watercourses.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400
14. Parking Enforcement Mission and Policy Statement (PDF, 81 KB)
From: City Manager
Recommendation: Adopt a Resolution endorsing the mission and policy statement that provides a clear message and direction to the residents of Berkeley, the Police Department and the Department of Public Works relative to parking enforcement goals.
Financial Implications: None
Contact: Douglas N. Hambleton, Police, 981-5700
15. Construction and Demolition Debris Salvaging and Recycling (PDF, 102 KB)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) adding Chapter 19.24, Construction and Demolition ("C&D") Debris Salvage and Recycling, decreasing the amount of landfill material from select construction and demolition projects.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
16. Contract: On-Call Engineering Services (PDF, 84 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments or extensions with Don Todd Associates, Inc., in an amount not to exceed $250,000 to provide on-call engineering services for various Public Works projects for a period of thirty months from December 1, 2006 through June 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
17. License Agreement: Veterans Memorial Building (PDF, 198 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with the Ecology Center, Berkeley Farmers' Market, for use of the Veterans Memorial Building at 1931 Center Street.
Financial Implications: Revenue - $100
Contact: Claudette Ford, Public Works, 981-6300
18. Contract: Construction Management Services (PDF, 34 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments, with Swinerton Management and Consulting to provide construction management for the Brower Center/Oxford Plaza project, in an amount not to exceed $582,000, for the period January 1, 2007 through July 30, 2009.
Financial Implications: Capital Improvement Fund - $582,000
Contact: Claudette Ford, Public Works, 981-6300
From: Mayor Bates
Recommendation: Adopt a Resolution appointing members of the Council to various committees, commissions and regional bodies and establish a rotation for vice president of the Council as recommended by the Mayor.
Financial Implications:
None
Contact: Tom Bates, Mayor, 981-7100
20. Re-appointment of Therese (Terry) Powell to the Board of Library Trustees (PDF, 75 KB)
From: Board of Library Trustees
Recommendation: Adopt a Resolution re-appointing Trustee Therese (Terry) Powell to the Board of Library Trustees for a second term ending January 14, 2011.
Financial Implications: None
Contact: Roger Pearson, Secretary, Board of Library Trustees, 981-6100
Action Calendar – Appeals
21. Appeal: 2411 Fifth Street
a. From: City Manager (PDF, 28 MB)
Recommendation: Set for public hearing to consider the issues raised in the appeal of the Landmarks Preservation Commission's (LPC) decision designating 2411 Fifth Street, a City of Berkeley Structure of Merit
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Laura Fletcher (PDF, 329 KB)
1. Petition, with 66 signatures, submitted by Cathleen Quandt
2. Cathleen
Quandt, on behalf of the neighbors of 2411 Fifth Street in favor of upholding
the Structure of Merit Decision
Action Calendar – Public Hearing
22. Appeal: Imposition of Lien to Recover Fees
a. From: City Manager (PDF, 4 MB)
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution denying the appeal of Vijay Lakrireddy and rejecting the property owner's objection to the proposed lien of $7,800 for unpaid Rental Housing Safety Program (RHSP) fees and costs associated with the enforcement of the Housing Code on the owner’s rental property, and approving the special assessment lien on the property to be filed with the County of Alameda in order to collect the outstanding debt.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
b. Appeal
1. Vijay Lakireddy (PDF, 41 KB)
23. Appeal: Imposition of Lien to Recover Fees
a. From: City Manager (PDF, 775 KB)
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution denying the appeal of Mohamed Mosleh and rejecting the property owner's objection to the re-inspection fee charged to him for his failure to make timely repairs to his rental property associated with the enforcement of the Housing Code under the Rental Housing Safety Program (RHSP), and approving the special assessment lien on the property to be filed with the County of Alameda in order to collect the outstanding debt.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
b. Appeal
Action Calendar – Old Business
24. 1310 Campus Drive Complaint (PDF, 17 KB) (Moved to Action on November 14, 2006 by Councilmember Worthington)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action Calendar – New Business
25. Voting Delegates – National League of Cities’ Congress of Cities (PDF, 22 KB)
From: City Manager
Recommendation: Designate a voting delegate and alternate to act on behalf of the City at the annual business meeting at the National League of Cities’ Congress of Cities.
Financial Implication: See report
Contact: Sherry M. Kelly, City Clerk, 981-6900
26. Unrepresented Employee Manual-Vacation Accrual for Library Executive Management
a. From: Board of Library Trustees (PDF, 290 KB)
Recommendation: Adopt a Resolution amending Resolution No. 60,777- N.S, the Unrepresented Employee Manual, to amend Article 13.08 (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: Library Tax Fund - $4,500 in FY 2007, $7,300 in FY 2008
Contact: Roger Pearson, Secretary, Board of Library Trustees, 981-6100
b. From: City Manager (PDF, 16 KB)
Recommendation: Concurs with recommendation by the Board of Library Trustees.
Contact: David Hodgkins, Human Resources, 981-6800
27. Mills Act Contract - 59-61 Panoramic Way (PDF, 230 KB)
From: City Manager
Recommendation: Adopt a Resolution directing the City Manager to enter into a Mills Act contract for 59-61 Panoramic Way.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
28. Traffic Calming Policy (PDF, 42 KB)
From: Transportation Commission
Recommendation: Adopt a Resolution approving a Traffic Calming Policy that will: 1) identify the purpose and general application of traffic calming; 2) establish basic criteria for the application of traffic calming measures; 3) establish a ranking system applicable when the number of projects exceeds the available funding; 4) establish a process by which to prioritize requests; and, 5) seek opportunities to implement traffic calming measures.
Financial Implications: None
Contact: Peter K. Hillier, Secretary, Transportation Commission, 981-6300
Information Reports
29. Parcel-Based Special Taxes, Fees and Assessments Audit - Status Report (PDF, 108 KB)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
30. Off-Label Use of the Drug Cytotec (PDF, 90 KB)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100
31. Assisted Outpatient Mental Health Treatment (PDF, 104 KB)
From: Mental Health Commission
Contact: Carol Patterson, Secretary, Mental Health Commission, 981-5217
32. Quarterly Report on Employee Safety and Workers' Compensation (PDF, 158 KB)
From: City Manager
Contact: David W. Hodgkins, Human Resources, 981-6800
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.
Item 13: Creeks Ordinance
1. Cy. H. Silver
2. Kristen Quay
3. Laurie Capitelli
Item 24: 1310 Campus Drive Complaint
4. Rozalina Gutman (2)
Cell Phone Risks
5. Wes Lane
Election Results
6. Barbara Gilbert
Kitchen Grease Used to Power WastewaterTreatment Plant
7. Lynda Winslow
Massacre in Tibet
8. Info@*****.com
Milo Foundation
9. Solano Avenue Neighborhood Association (SANA), submitted by Michael Sandrof
Arguments for Proposition H
10. Meg Starbuck
Sea Scouts
11. Greg Braly
Stadium Project
12. Kent Fauré
13. Matt Lowe
Save the Oaks at UC Stadium
Numerous email communications submitted in a substantially similar format are on file in the City Clerk Department.
Trader Joe’s
Numerous email communications are on file in the City Clerk Department.
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.