Regular Meeting eSummary
January 16
, 2007

printer friendly pdf

Printer-friendly PDF* summary: (87 KB)

 

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.

~~~~~~~~~~~~~~~~~~~~~

summary

BERKELEY CITY COUNCIL MEETING

Tuesday, January 16, 2007

7:00 P.M.

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

 

Preliminary Matters

Roll Call:  7:04 p.m.  All present. (Spring/Anderson 7:05 p.m.;  Worthington 7:06 p.m.)

Ceremonial Matters:

1.      Proclamation declaring January 16, 2007 South Berkeley YMCA Learning Academy Day in the City of Berkeley.

2.      Proclamation declaring January 2007 National Blood Donor month and urging all citizens to pay tribute to those among us who donate for others in need.

City Manager Comments:  (1) Winter Shelter Program and (2) City accessibility recognition

Public Comment:  2 speakers.
 

Consent Calendar

Action: Moved/seconded/carried (Maio/Worthington) adopted the Consent Calendar in one motion except as indicated:

1.      Extension of the Waterfront Commission (PDF, 9 KB) (First reading – December12, 2006 - Unanimous)

From: Waterfront Commission

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.070 extending the term of the Waterfront Commission to December 31, 2011.

Financial Implications: Minimal.

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

Action:  Adopted Ordinance No. 6,962–N.S. (PDF, 63 KB)  Effective February 15, 2007.

2.      Parking Meter And Pay-And-Display Station Fees (PDF, 9 KB) (First reading – December 12, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt the second reading of an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay-and-Display Station Fees to increase the rate to $1.00 per hour, effective March 5, 2007.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Ordinance No. 6,963–N.S. (PDF, 59 KB)  Effective March 5, 2007.

3.      Repealing BMC Section 6.36.010 Regulating People's Park (PDF, 84 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 6.36.010 regulating People's Park and amending BMC Section 6.36.020.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted first reading of Ordinance.  Second reading scheduled for January 30, 2007.

4.      Formal Bid Solicitations and Request for Proposals (PDF, 86 KB)

From: City Manager

Recommendation: Approve the attached request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various funds - $1,170,000.

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

5.      Contracts: Mental Health Supportive Housing (PDF, 85 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute: a) an amendment to the contract with the Menlo Hotel for the provision of temporary housing to increase the contract amount by $180,000 for a total contact amount not to exceed $204,500, and to extend the expiration date to June 30, 2008; b) an amendment to the contract with the Avondale Hotel for the provision of temporary housing to increase the contract amount by $100,000 for a total contract amount not to exceed $205,000, and to extend the expiration date to June 30, 2008; and c) a contract and any amendments with the Lakehurst Hotel for the provision of temporary housing for the period February 1, 2007 through June 30, 2008 in an amount not to exceed $41,510.

Financial Implications: Integrated Services and Housing for Homeless Mentally Disabled (AB2034) - $321,510

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 63,542–N.S. (PDF, 83 KB)

6.      Contract: Design and Construction of Storage Lockers (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self-Sufficiency for final design and construction costs associated with the Storage Locker Program at the Multi-Agency Service Center in an amount not to exceed $39,429 for the period July 1, 2006 through June 30, 2007.

Financial Implications: General Fund - $39,429

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 63,543–N.S. (PDF, 53 KB)

7.      Mental Health Program Relocation to 2433 Channing Way (PDF, 797 KB)

From: City Manager

Recommendation: Authorizing the City Manager to relocate the Mental Health Mobile Crisis Team to City-owned commercial property located at 2433 Channing Way.

Financial Implications: General Fund - $23,556

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Approved recommendation.

8.      Grant: Waste Tire Enforcement (PDF, 78 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California Integrated Waste Management Board, and accept funds for a Waste Tire Enforcement Grant for a period of five years beginning FY 2006/2007 through FY 2011/2012.

Financial Implications: Unknown

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 63,544–N.S. (PDF, 60 KB)

9.      Authorization to Execute HTF Loan Documents for Allston House (PDF, 76 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager, or his designee, to execute the development loan agreement and other documents related to the Housing Trust Fund (HTF) permanent loan in the amount of $789,546 for Allston House, a 47-unit acquisition and rehabilitation project for low-income and very low-income families.  The loan was approved by City Council on November 14, 2006.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Removed from the Consent Calendar.  Moved/seconded/carried (Spring/Worthington) to adopt Resolution No. 63,545–N.S. (PDF, 49 KB)

10.  Winter Homeless Shelter Program - MOU and Expenditures (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing: 1) an increase of $7,000 for the Winter Shelter Program that is needed for rehabilitation of the facility being used at the former Oakland Army Base; and 2) the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Oakland, Department of Human Services, in an amount not to exceed $71,000 for the Winter Shelter Program, an increase of $7,000 from the already authorized MOU with the City of Oakland for an amount not to exceed $64,000 (Resolution No. 63,446).

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,546–N.S. (PDF, 43 KB)

11.  Contract: Community Agency Consultant/ Employee Related Legal Services (PDF, 76 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to the existing contract with Easy Does It to increase the amount by $6,000 for a total not to exceed $777,244 for the period July 1, 2006 through June 30, 2007 for an Organization Consultant and employee related legal services.

Financial Implications: See Report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,547–N.S. (PDF, 38 KB)

12.  Contract: Legal Services - Federal And State Tax Issues (PDF, 83 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract with Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues for the period of January 1, 2007 through December 31, 2007.

Financial Implications: General Fund - $40,000

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

Action:  Adopted Resolution No. 63,548–N.S. (PDF, 48 KB)

13.  Health Plan Rate Increases (PDF, 115 KB)

From: City Manager

Recommendation: Adopt two Resolutions: 1) approving a 20% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 57.8% rate increase for Early Retirees, and a 29.1% rate increase for Senior Advantage Retirees; and 2) approving a 13.33% rate increase for the Health Net HMO health plan for Active Employees, a 61.47% increase for Early Retirees, a 1.57% rate increase for Seniority Plus Retirees, and a 1.46% decrease for the Health Net Point of Service (POS) for both Active Employees and Early Retirees effective January 1, 2007, through December 31, 2007, and rescinding Resolution No. 63,143-N.S. and Resolution No. 63,144–N.S.

Financial Implications: Payroll Deduction Trust Fund - $1,918, 000

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

Action:  Removed from the Consent Calendar.  Moved/seconded/carried (Wozniak/Olds; Noes – Worthington) to adopt Resolution No. 63,549–N.S. (PDF, 46 KB) and Resolution No. 63,550–N.S. (PDF, 71 KB)

14.  Contract: Design and Engineering Services for the Gilman Street (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with SFE/Landscape Architects to provide additional design and engineering services for the Gilman Street Sports Fields project in an amount not to exceed $12,760 for a new contract total not to exceed $444,416, which includes a 10% contingency; and extending the term through December 31, 2007.

Financial Implications: 2000 Bond Act CA Prop 12 Fund - $12,760

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

Action:  Adopted Resolution No. 63,551–N.S. (PDF, 59 KB)

15.  Contract: Environmental and Planning Services (PDF, 89 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to approve three contracts and any amendments with JWC Urban  Design, Shawna Brekke-Read, and Illingworth & Rodkin, Inc. for planning and environmental review services in an amount not to exceed $250,000 each for a total contract period of three years, with the sole source of funding derived from funds provided by applicants.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,552–N.S. (PDF, 65 KB)

16.  Contract: Purchase Order for Deoxyribonucleic Acid (DNA) Testing (PDF, 81 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) increase FY 2007 Purchase Order #61815 by $35,000.00 for a total amount not to exceed $60,000.00 to Forensic Analytical Laboratory for DNA testing and analysis; and, 2) execute a personal services contract, and any amendments, with Forensic Analytical Laboratory in an amount not to exceed $60,000.00 for investigative forensic examination and reporting services, including, but not limited to, DNA testing and analysis, each year for a total of five (5) years from FY 2007 through FY 2011.

Financial Implications: See report

Contact: Doug Hambleton, Chief of Police, 981-5700

Action:  Adopted Resolution No. 63,553–N.S. (PDF, 72 KB)

17.  Contract: Traffic Engineering Services (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with W-Trans (Whitlock & Weinberger Transportation, Inc.) for traffic engineering consulting services on the Gilman I-80 Roundabout Project; increasing the contract amount by $62,949 for a new contract total not to exceed amount of $77,649; and changing the contract term to January 8, 2005 through December 31, 2007.

Financial Implications: $62,949 (Funds 661 and 850)

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,554–N.S. (PDF, 61 KB)

18.  Contract: Storm Drain Leaf and Debris Removal (PDF, 76 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with East Bay Conservation Corps, increasing the amount by $25,001 to a total not to exceed $50,000, and extending the termination date to March 31, 2008.

Financial Implications: Capital Improvement Fund - $25,001

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,555–N.S. (PDF, 42 KB)

19.  Contract:  Hauling and Processing of Compostable Materials (PDF, 23 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Grover Landscape Services, Inc., for hauling and processing of compostable material from the City's transfer station, increasing the amount by $4,400,000 for an amount not to exceed $7,964,600 for the period August 1, 2000 to July 31, 2010.

Financial Implications: Various Funds - $4,400,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,556–N.S. (PDF, 5 KB)

20.  Remarks By Mayor Bates On Goals And Opportunities For 2007 (PDF, 78 KB)

From: Mayor Bates

Recommendation: That 30 minutes are set-aside for the Mayor to make comments on the challenges and opportunities facing the City at the Council work session on February 13, 2007.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

21.  Invitation to the Bay Area Air Quality Management District (PDF, 15 KB)

From: Councilmember Maio

Recommendation: Invite the Bay Area Air Quality Management District to present the findings of the most recent study regarding diesel particulate impacts and port expansion to the Council.

Financial Implications: None

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

Action:  Approved recommendation.

22.  Budget Surplus Allocation for ASUC Welcome Week (PDF, 17 KB)

From: Councilmember Wozniak

Recommendation: That the City Council approve a grant of  $1,000 to be funded from Councilmember Wozniak’s surplus non-personnel budget to the Associated Students of the University of California (ASUC) to help fund select Welcome Week activities.

Financial Implications: District 8 Office Fund - $1,000

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

Action:  Adopted Resolution No. 63,557–N.S. (PDF, 38 KB)

23.  Filling Two HWCAC Vacancies Among the Elected Representatives of the Poor (PDF, 77 KB)

From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution confirming the appointments of Ms. Jell Messing (District 2) and Ruby Holder (District 2) as elected representatives of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC on November 15, 2006.

Financial Implications: None

Contact: Angellique De Coud, Secretary, Human Welfare and Community Action Commission, 981-5400

Action:  Adopted Resolution No. 63,558–N.S. (PDF, 49 KB)

Public Comment:  6 speakers.
 

Action Calendar – Old Business

24.  Prohibition of City Memberships in Organizations Participating in Electoral Politics (PDF, 11 KB) (held over from December 12, 2006)

From: Councilmember Spring

Recommendation: Request the City Manager draft a policy that will prohibit City memberships in organizations that participate in electoral politics such as the Berkeley Chamber of Commerce.

Financial Implications: See report

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

Action:  Continued no date specific.

25.  Term Limits for Commissioners (held over from December 12, 2006)

From:  Councilmembers Capitelli and Olds (PDF, 27 KB) (December 12, 2006) and Supplemental Report from Councilmember Capitelli  (PDF, 26 KB) (January 16, 2007)

Recommendation:  Request that the City Manager direct the City Attorney to draft language amending section 3.02 of the Berkeley Municipal Code to: 1. Amend the language of Section 3.02.040 to insure that commissioners who have served for eight cumulative years on a board or commission take a two-year leave before being reappointed; and 2. Limit commissioner service to one board or commission at any given time.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150; Betty Olds, Councilmember, District 6, 981-7160

Action: Moved/seconded/carried (Olds/Moore; Noes – Anderson,/Maio/Spring/Worthington) to request that the City Manager direct the City Attorney to draft language amending Section 3.02 of the Berkeley Municipal Code to:  (1) Amend the language to insure that commissioners serving on quasi-judicial commissions (including the Planning Commission, Zoning Adjustments Board, Landmarks Preservation Commission and the Housing Advisory Commission) who have served for eight cumulative years on a board or commission take a two-year leave before being reappointed;  (2) to limit commissioner service on a quasi-judicial board to one board or commission at any given time;  (3)  remove the eight-year term limitation for all other commissioners; and (4) that these new provisions be effective July 1, 2007.

26.  University of California’s Southeast Campus Integrated Project (PDF, 37 KB) (held over from December 12, 2006)

From: Councilmember Capitelli

Recommendation: Request the City Manager present a brief update at the January 16, 2007 meeting about the public information efforts regarding the City’s response to the University of California’s Southeast Campus Integrated Project.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember District 5, 981-7150

Action: No action taken.  Capitelli/Wozniak/Bates volunteered to serve on sub-committee to address issues related to the University of California’s Southeast Campus Integrated Project.

Action Calendar – New Business

27.  Mobile Disaster Fire Protection System (PDF, 136 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hytrans BV for portions of the Mobile Disaster Fire Protection System (MDFPS) in an amount not to exceed $4,700,000.

Financial Implications: Community Facilities District #1 Fire Protection Bond Fund - $4,700,000

Contact: Debra Pryor, Fire Chief, 981-5500

Action: Continued no date specific.

28.  Oxford Plaza and David Brower Center Project - Amendments to the Disposition and Development Agreement (PDF, 10 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance 1) authorizing the City Manager to execute an Amendment to the Disposition and Development Agreement, and all other necessary documents to sell certain real property generally located on Oxford Street between Kittredge and Allston Way and 2) authorizing the City Manager to make any necessary modifications to the Reciprocal Easement Agreement concerning the sale.

Financial Implications: See report

Contact: Stephen Barton, 981-5400

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance.  Second reading scheduled for January 30, 2007. (Noes – Olds)

29.  Panoramic Hill Planning (PDF, 934 KB)

From:  Councilmember Wozniak

Recommendation: Refer an amendment to the mid-year FY 2007 budget update to add $5,000 to initiate the first phase of a $50,000 effort for the Panoramic Hill neighborhood. Financial Implications: $5,000

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

Action: Moved to Consent Calendar.  Approved Councilmember Wozniak’s recommendation to refer an amendment to the mid-year FY 2007 budget update to add $5,000 to initiate the first phase of a $50,000 effort for the Panoramic Hill neighborhood.

Communications (PDF, 4 KB)

Referred items 4, 5, 7, 28 & 29 to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Transportation in Berkeley

1.      Margot Smith

Dorm Noise

2.      Sharon Hudson (2)

3.      Harry Le Grande

*La Loma Stairway Privacy (Maio)

4.      Rozalina Gutman

*EPA Watershed Planning Workshop (Spring)

5.      Juliet Lamont

Rent Board Counselors

6.      Sharon Hudson

*Creeks Ordinance (Maio)

7.      Patricia and Alan Francis-Lyon

Trader Joe’s

8.      Stephen Wollmer

9.      Peter Klatt

Cell Towers

10.  Laurie Baumgarten

Police Department Complaint

11.  Mari-Lynne Earls

The Oaks at UC Stadium

12.  Kent Lewandowski, Andy Katz, Juliet Lamont, Wendy Alfsen, on behalf of Sierra Club, Northern Alameda County

13.  Denise Traicoff

14.  Judy Shelton

15.  Judy Wykle

16.  Helen Wykle

17.  Eustaciog Riego

Emergency Service Cuts

18.  Donald Brown

Overtime for Fire Fighters

19.  Samuelae@*****.com

Section 8 Rent Hikes

20.  Vita Viola

UC Lawsuit

21.  Ignacio Dayrit

Municipal Treatment of Vacant Lots

22.  Barbara Gilbert

Kaiser Advertising

23.  Dr. Phillips

Berkeley Art Museum Project – Incorporate UC Printing Plant

24.  Michael Katz

Dover Sales Site Contamination

25.  Mark Toland

Board of Library Trustees Meeting

26.  Jane Welford, on behalf of SuperBOLD

Greenhouse Gases

27.  Kate Bernier

*Relocation of Tenants During Construction (Maio)

28.  Robert Eberwein*

*Telegraph Avenue (Capitelli/Worthington)

29.  Kathryn Ranharter

Supplemental Communications (PDF, 4 KB)

Item 24:  Prohibition of City Memberships in Organizations Participating in Electoral Politics

30.  Nancy Carleton

Item 25:  Term Limits for Commissioners

31.  Jinky Gardner, League of Women Voters

32.  Iris Starr

33.  Nancy Carleton

34.  Robert Vogel, Kitchen Democracy

Item 27:  Mobile Disaster Fire Protection System

35.  Dennis Jackson, Kidde Fire Fighting

36.  Pam Sihvola

Supplemental Communications and Reports 2 (PDF, 4 KB)

Item 23: Filling Two HWCAC Vacancies Among the Elected Representatives of the Poor

37.  Supplemental report, submitted by Human Welfare and Community Action Commission (PDF, 126 KB)

Item 25: Term Limits for Commissioners

38.  Barbara Gilbert

Item 28: Oxford Plaza and David Brower Center Project - Amendments to the Disposition and Development Agreement

39.  Supplemental report, submitted by City Manager (PDF, 5 MB)

ASUC Spring Welcome Week – Calendar of Events

40.  Sammy Averbach

YMCA Learning Academy

41.  Thelette Bennett
 

Adjournment

Adjourned at 9:26 p.m. in memory of Marianne Magid, Henry Clark, and Susan Duncan.