Action: M/S/C (Anderson/Worthington) adopted the
Consent Calendar in one motion except as indicated:
1. Eliminate Title Company Retention of One-Third of the Real
Property Transfer Tax Funds for Seismic Retrofit Program (PDF, 12 KB) (First reading February
27, 2007 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of
Ordinance 6,971N.S. amending Berkeley Municipal Code, Section 7.52.060 § K (4)
to eliminate the provision that up to one-third of the Real Property Transfer
Tax be set aside in an escrow account pending completion of seismic retrofit
work. Amending the ordinance as
recommended does not impact the seismic retrofit program in any way.
Financial Implications: See report
Contact:
Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No.
6,971N.S. (PDF, 129 KB)
Effective date April 12,
2007 (Absent Capitelli).
2.
Zoning Ordinance Amendments: Procedural Changes to Streamline
the Enforcement of Permit Violations (PDF, 27 KB) (First reading February 27, 2007 Olds/Moore
absent)
From:
City Manager
Recommendation:
Adopt second reading
of Ordinance 6,972N.S to amend Berkeley Municipal Code (BMC) Chapters 23B.60,
Compliance and Revocation, and 23B.64, Abatement of Nuisances.
Financial Implications: None.
Contact: Dan Marks,
Planning and Development, 981-7400
Action: Adopted second
reading of Ordinance No. 6,972N.S. (PDF,
420 KB) Effective date April 12, 2007 (Absent Capitelli).
3. License Agreement: Cal Sailing Club
(PDF, 1 MB)
From: Waterfront Commission
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a renewal of the License Agreement or a
Lease with Cal Sailing Club (CSC) with no increase in fees.
Financial Implications: None
Contact:
Cliff Marchetti, Secretary, Waterfront Commission, 981-6700
Action: Continued
to April 24, 2007.
4. Formal Bid Solicitations and Request for Proposals
(PDF, 80 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, $194,700
Contact:
Robert Hicks, Finance, 981-7300
Action: Approved recommendation.
5. Supporting H.R. 351, The Haiti Truth Act
(PDF, 453 KB)
From: Peace and Justice
Commission
Recommendation: Adopt a Resolution
commending Representative Barbara Lee for introducing H.R. 351, "The Haiti
Truth Act"; calling on all members of the California Congressional
Delegation to lend their co-sponsorship to H.R. 351; requesting Senators
Barbara Boxer and Dianne Feinstein to introduce a Senate companion bill to H.R.
351; and encouraging the United States Congress to investigate subsequent
murder, rapes, torture, and political prisoners held without charges or trial,
and other human rights abuses that have occurred in Haiti since the ouster of
President Jean-Bertrand Aristide.
Financial Implications: None
Contact:
Manuel Hector, Secretary, Peace and Justice Commission, 981-5110
Action: Adopted Resolution No.63,606N.S.
(PDF, 99 KB) (Absent Capitelli).
6. Child Care Mitigation Mini-Grant Program
(PDF, 92 KB)
From: Commission on Early
Childhood Education
Recommendation: Adopt a Resolution authorizing
the City Manager to enter into a contract with the Low Income Investment Fund
(LIIF) in the amount of $10,317 for the administration of the Child Care
Mitigation Mini-Grant Program for the period of March 1, 2007 through June 30,
2010.
Financial Implications: Child Care Mitigation
Operating Subsidy Fund - $10,317
Contact:
Angellique De Coud, Commission Secretary, 981-5428
Action: Adopted
Resolution No. 63,607N.S. (PDF, 45 KB) (Absent Capitelli).
7.
Classification: Camp Manager
(PDF, 475 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,840N.S., Classification and Salary Resolution for
Public Employees Union Local One, to add the classification of Camp Manager and
abolish the Camps Program Administrator class effective March 13, 2007, and
adopt a Resolution amending Resolution No. 61,812N.S., abolishing the Camps
Manager (Unit X1-Unrepresented Support Classifications) classification
effective March 13, 2007.
Financial Implications: See report
Contact:
David W. Hodgkins, Human Resources, 981-6805
Action: Adopted
Resolution No. 63,608N.S. (PDF, 122 KB) (Absent Capitelli).
8. Grant Application:
Workforce Housing Reward Program (PDF, 79 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit a grant application to the State of
California, Department of Housing and Community Development for funds in the
approximate amount of $85,000 in fiscal year 2006/2007 for construction of
improvements to Downtown BART Plaza; to accept the grant; and to execute the
resultant revenue agreement and any amendments thereto.
Financial Implications: See report
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Adopted
Resolution No. 63,609N.S. (PDF, 53 KB) (Absent Capitelli).
9. Expansion of Commuter Check Transit Voucher Program
(PDF, 12 KB)
From: Councilmember Spring
Recommendation: That the City Council
request the City Manager to expand participation in the Commuter Check transit
voucher program by:
1.having the City cosponsor workshops with Commuter
Check Services Corp. for Berkeley employers;
2.request that Staff in consultation with the
Transportation Commission to further develop policies and strategies, including
developing an ordinance, to increase mass transit use via Commuter Check; and
3.refer this matter to the City Manager to request
that expansion of use of commuter check transit vouchers in Berkeley be added
to the city staff work plan.
Financial Implications: None
Contact:
Dona Spring, Councilmember, District 4, 981-7140
Action:
Approved recommendations 1, 2 and 3.
10. Group Email Addresses For Council, Zoning Adjustments Board,
And Planning Commission (PDF, 35 KB)
From: Councilmember Worthington
Recommendation: That the
Berkeley City Council request that the City Manager create group email
addresses for members of the City Council, Zoning Adjustments Board, and
Planning Commission.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
Action:
Removed from the agenda.
11.
Ad-hoc Committee for Sunshining the Selection of Library
Trustees (PDF, 27 KB)
From:
Councilmember Moore, Mayor Bates,Councilmember Anderson
Recommendation:
Request that the
Mayor appoint two council members to serve on an ad-hoc committee with Library
Board Chair Susan Kupfer and Trustee Ying Lee to establish a more open and
transparent process for selecting Library Board Members, which they will report
back to the Council in 60 days.
Financial
Implications: None
Contact: Darryl
Moore, Councilmember, District 2, 981-7120
Action:
Moved to Action Calendar and M/S/C (Worthington/Maio) approved
recommendation to appoint Councilmembers Worthington and Olds (Absent
Capitelli/Wozniak/Olds).
12. Condemnation of Immigration Raids
(PDF, 383 KB)
From: Councilmember Capitelli
Recommendation: Request the
City Manger to inform the U.S. Department of Homeland Security and Immigration
and Custom Enforcement that the Berkeley City Council condemns the recent,
ongoing immigration raids taking place under Operation Return to Sender.
Financial Implications: None
Contact:
Laurie Capitelli, Councilmember, District 5, 981-7150
Action:
Approved recommendation.
13. Receive Pass Through Tax Revenue from the Berkeley
Redevelopment Agency (PDF, 82 KB)
From: City Manager
Recommendation: Adopt a Resolution
electing that the City receive pass through tax increment revenue from the
Berkeley Redevelopment Agency and direct that the Fiscal Year 2007 funds be
used for the West Berkeley Circulation Master Plan such that the Plan can
include geography south of Bancroft to the Emeryville border and greater detail
on rail impacts on the West Berkeley circulation
Financial Implications: See
report.
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted
Resolution No. 63,610N.S. (PDF, 73 KB) (Absent Capitelli).
14.
Supporting AB 1648; Open Hearing Process In Citizen Police
Review Proceedings (PDF, 33 KB)
From: Councilmember Capitelli
Recommendation: Request the City Manger
send a letter to our Assemblymember, on behalf of the City Council, expressing
support for AB 1648: proposed legislation that would allow civilian review
boards and oversight agencies that operate outside of a police department to
hold public hearings regarding complaints about police misconduct.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:
Continued to April 24, 2007.
15. Opposition to US Military Intervention or Use of Force in Iran
(PDF, 38 KB)
From: Councilmember Worthington
Recommendation: That the Berkeley City
Council opposes any form of military intervention or use of force against Iran.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
Action:
Approved recommendation and adopted Resolution No. 63,611N.S.
(PDF, 166 KB) (Abstain
Wozniak).
Action Calendar New Business
19. Supporting
Prosecution of Donald Rumsfeld and Other Government Officials
a. From: Peace and Justice
Commission (PDF, 289 KB) (Continued from February 27, 2007)
Recommendation:
Adopt a Resolution
endorsing the case of Rumsfeld et al by joining the list of
"co-plaintiffs".
Financial Implications: None
Contact: Manuel
Hector Jr., Commission Secretary, 981-5110
b. From City Manager
(PDF, 58 KB)
Recommendation:
That Council take no
action on the proposed recommendation from the Peace and Justice Commission
seeking that the City join in a criminal complaint asking a German prosecutor
to investigate United States officials for the possible commission of crimes.
Contact: Fred
Medrano, Health and Human Services, 981-5100
Action: M/S/C (Maio/Worthington) adopted
Resolution No. 63,613N.S. (PDF, 67 KB) (Absent Capitelli/Wozniak) Wozniak absent at
12:30 a.m., 3/14/07.
20. Public Commons For Everyone Initiative (PCEI)
(PDF, 97 KB)
From: Mayor Bates
Recommendation: Request that the City
Manager:
1. Direct staff to develop Public Commons for
Everyone Initiative (PCEI), a comprehensive package of recommendations that
would promote health, safety and accessibility in our commercial corridors and
address problematic street behavior through enhanced and coordinated services
and a law enforcement effort that offers diversion to services; and
2. Return by the May 8th council meeting with a
report and recommendations. (Detailed
recommendations are contained on pages two and three of the report.)
Financial Implications: See report
Contact:
Tom Bates, Mayor, 981-7100
Action:
M/S/C (Capitelli/Olds) approved recommendations as submitted.
(Public Comments 31).
Recess 10:53 p.m.
Extended meeting to 11:30 p.m. Extend meeting to 12:15 p.m. (Noes Moore;
Abstain Wozniak; Absent Olds).
21.
Urgent Review Pacific Steel Casting
a. From: Community Environmental
Advisory Commission (CEAC) (PDF, 84 KB)
Recommendation:
a. Approve funds to conduct a
sampling program for lead and other heavy metals deposited on surfaces in the
vicinity of Pacific Steel Casting (PSC) and in areas of north and west
Berkeley;
b. Convene a public hearing by
Council in March 2007 for the purpose of hearing from community members, public
health experts, and others, on the impacts of PSC emissions and other practices
on quality of life, health, enjoyment of property, and potential long-term
health risks for children and other sensitive members of the community;
c. Direct staff to identify City
codes that may be used to motivate and compel an immediate and significant
reduction in polluting practices and reduced emissions of toxic air
contaminants and other polluting substances from Pacific Steel Casting (PSC).
Potential city codes that may be employed toward this goal include, but are not
limited to, the following:
-Zoning: consider adding to,
changing or rescinding PSC use permits; citing nuisance violations;
-Stormwater: Cite PSC for
improper use of public right of way for conducting their business and violating
stormwater best management practices per City Ordinance;
-Toxics Management: apply toxics
regulations to PSC to identify violations of air quality and other
environmental factors;
d. Under city authority, require
that PSC use best management practices to achieve significant reduction in
toxic substances and criteria air pollutants in its emissions.
Financial Implications: See report
Contact: Nabil
Al-Hadithy, Commission Secretary, 981-7400
b. From City Manager
(PDF, 1 MB)
Recommendation: That staff conduct the research described in item c of the Community
Environmental Advisory Commission recommendations regarding Pacific Steel
Casting, Inc. (PSC) with the qualifications only after the information that is
expected from PSC in mid-April is provided, and that such work be fitted in as
time is available in light of other priority projects and baseline work. At
that time the staff can report back to the Council and the Council can then
determine whether a public hearing or other special Council proceeding is
necessary.
Financial Implications: See report
Contact:
Dan Marks, Planning and Development, 981-7400
Action:
M/S/C (Maio/Wozniak approved recommendation (a) directing staff to provide cost
estimate; (c) directing the City Manager to provide a cost estimate on the sampling
program and (d) requesting that Pacific Steel undertake a toxic use reduction
program; noting that a public hearing date will be addressed when the costs and
action plan come back for consideration.
(Public
Comments 12).
22.
Limits on Terms, Membership Designated Commissions
(PDF, 82 KB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance that:
1. imposes a eight, cumulative year term limit for
four designated commissions;
2. repeals term limits on any other commission; and
3. limits designated commission membership to that
commission, alone.
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: M/S/C
(Wozniak/Moore) to adopt first reading of Ordinance 6,973N.S. as amended.
Second reading scheduled for March 20, 2007.
(Public Comments 9).
