Regular Meeting eSummary
June 12
, 2007

Printer-friendly PDF* summary: (58 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

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summary-MINUTES

Berkeley City Council meeting

TUESDAY, JUNE 12, 2007

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Preliminary Matters

Roll Call: 7:01 p.m.  All present.

Ceremonial Matters:

Proclamation recognizing the Number One Ranked DOE Laboratory, Lawrence Berkeley National Laboratory, as a model for institutional performance.

Recognition of Professor Vitelmo Victorio Bertero and Thomas Tobin for their efforts in community safety in the event of a disaster.

Research project presentation from Berkeley High Community Partnership Academy students

Public Comment on Consent Calendar Items Only – 5

Consent Calendar

Action: M/S/C (Worthington/Anderson) to adopt Consent Calendar in one motion except as indicated:  Items 32 and 34 were moved from Action Calendar to Consent Calendar.  Item 9 was removed for discussion.  Item 20 were removed from the agenda (see Joint Meeting with Housing Authority earlier this date).

1.   Formal Bid Solicitations and Request for Proposals (PDF, 250 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 or division.

Financial Implications: Capital Improvement Fund - $50,000

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

2.   Appropriations Limit for FY 2008 (PDF, 271 KB)

From: City Manager

Recommendation: Adopt a Resolution providing notice that:

1.      Council will adopt an appropriations limit for FY 2008 at its meeting of June 26, 2007; and

2.      The amount of the limit and the background material used in its calculation will be available for public review by June 11, 2007.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action:  Adopted Resolution No. 63,715–N.S. (PDF, 49 KB)

3.   Fireman's Fund Heritage-Employee Grant Program (PDF, 245 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from Fireman's Fund Heritage-Employee Grant Program in the amount of $44,500 to develop a comprehensive water rescue program for the City of Berkeley.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

Action:  Adopted Resolution No. 63,716–N.S. (PDF, 41 KB)

4.   Contracts: Community-Based Mental Health Services (PDF, 239 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Fred Finch Youth Center for intensive mental health support services to youth in an amount not to exceed $151,260 and YEAH, under the fiscal auspices of the Lutheran Church of the Cross, for transition aged youth services in an amount not to exceed $102,917 for the period June 1, 2007 through June 30, 2008;

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,717–N.S. (PDF, 68 KB)

5.   Contract Amendment: Berkeley Food and Housing Project (PDF, 240 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Berkeley Food & Housing Project for operating funding for the Russell Street Residence supportive housing facility, in an amount not to exceed $135,000.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,718–N.S. (PDF, 74 KB)

6.   Subdivision and Lease: Ursula Sherman Village (PDF, 439 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to consider an application to subdivide the City-owned property currently under lease to Building Opportunities for Self-Sufficiency and prepare lease agreements for the two new parcels to allow for the financing, development, and continued operation of emergency and transitional housing on-site.

Financial Implications: See report

Contact: Lisa Caronna, Housing, 981-5400

Action:  Adopted Resolution No. 63,719–N.S. (PDF, 52 KB)

7.   Oxford Plaza Project - Amendment to the Housing Trust Fund and DDA Regulatory Agreement (PDF, 265 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to the Disposition and Development Agreement and Housing Trust Fund Regulatory Agreement that in the event Project-Based Section 8 assistance to the Oxford Plaza Apartments project is terminated for reasons unrelated to any default by the Borrower under Section 8 requirements, the City Council agrees to permit Housing staff and the City Manager to consider, evaluate, and amend the Regulatory Agreement to increase the rent limitations applicable to any twenty percent and thirty percent of Area Median Income Units previously covered by Section 8 assistance, to levels no greater than the limitations applicable to fifty percent of Area Median Income, as necessary for the Oxford Plaza Apartments project to maintain economic feasibility in the reasonable determination by the City.

Financial Implications: See report

Contact: Lisa Caronna, Housing, 981-5400

Action:  Adopted Resolution No. 63,720–N.S. (PDF, 71 KB)

8.   Classification: Revenue Development Officer (PDF, 287 KB)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to establish the Classification of Revenue Development Officer with a salary range of $6,395 - 7,730 per month effective June 24, 2007.

Financial Implications: General Fund - $23,875

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,721–N.S. (PDF, 55 KB)

9.   Zoning Amendments: Telegraph Avenue Permit Streamlining for Economic Assistance (PDF, 16 MB)

From: City Manager

Recommendation: Adopt a first reading of an Ordinance amending Chapter 23E.56, Telegraph Avenue Commercial District Provisions, to extend the evening by right hours of operation for uses that do not involve sales or service of alcohol; extend the evening hours of operation for businesses that do involve alcohol sales or service; allow quotas to be exceeded with a Use Permit; allow changes of use in existing tenant spaces without discretionary review; decrease the permit level for certain uses from a Use Permit to an AUP; require greater public notification for AUPs; and allow easier conversion of some tenant spaces into larger or smaller commercial units.

Financial Implications: See report

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

 

Public Comments – 6

 

M/S (Worthington/Spring) to adopt first reading of an Ordinance amending Chapter 23E.56 deleting the recommended amendment to Section 23E.56.040 paragraph B pertaining to allowing quotas to be exceeded by use permit.  Vote:  Ayes – Anderson, Spring, Worthington.  Noes – Maio, Moore, Capitelli, Wozniak, Bates.  Absent – Olds.

 

M/S (Worthington/Spring) to adopt first reading of Ordinance as submitted.

 

Councilmember Maio made a substitute motion to adopt an Ordinance amending Chapter 23E.56 and retaining the limitation for the sale of alcohol to midnight rather than 2 a.m.  No second.

 

Action:  (Worthington/Spring motion) Adopted first reading of Ordinance No. 6,984–N.S.  Second reading scheduled for June 19, 2007. Vote:  Ayes – Moore, Anderson, Capitelli, Worthington, Wozniak, Bates.  Abstain – Maio (changed to No) Noes – Maio, Spring. Absent – Olds.

10. Contract: Phlebotomist Services  (PDF, 245 KB) (To Be Delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Central Medical Laboratory, Inc. to provide phlebotomist services for the Police Department, in an amount not to exceed $10,000 annually for all services and expenses for the term ending June 31, 2010.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

Action:  Adopted Resolution No. 63,722–N.S. (PDF, 46 KB)

11. Increase Purchase Order for Alameda County Medical Center (PDF, 249 KB) (To Be Delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase Purchase Order No. 61813 to Alameda County Medical Center for sexual assault examinations by $22,000 for a total amount not to exceed $47,000 for FY2008.

Financial Implications: General Fund - $22,000

Contact: Douglas N. Hambleton, Police, 981-5900

Action:  Adopted Resolution No. 63,723–N.S. (PDF, 47 KB)

12. Contract:  Gilman Street Overlay Project (PDF, 540 KB)

From: City Manager

Recommendation: Adopt a Resolution:

1.     Approving plans and specifications for the Gilman Street Overlay Project, 07-10211-C;

2.     Accepting the bid of Interstate Grading & Paving, Inc.;

3.     Authorizing the City Manager to execute a contract in an amount not to exceed $824,615.40.

Financial Implications: Various funds - $824,615

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,724–N.S. (PDF, 50 KB)

13. Contract:  South Berkeley Street Reconstruction Project (PDF, 450 KB)

From: City Manager

Recommendation: Adopt a Resolution:

1.     Approving plans and specifications for the South Berkeley Street Reconstruction Project, 07-10198-C;

2.     Accepting the bid of Gallagher & Burk, Inc.;

3.     Authorizing the City Manager to execute a contract, in an amount not to exceed $767,585.

Financial Implications: Various funds - $767,585

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,725–N.S. (PDF, 53 KB)

14. Final Tract Map 7581: 2530 Tenth Street (PDF, 208 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7581, a seven unit commercial condominium located at 2530 Tenth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,726–N.S. (PDF, 34 KB)

15. Declaration of Intent - FY 2008 Street Lighting Assessments (PDF, 321 KB)

From: City Manager

Recommendation: Adopt a Resolution to:

1.     Approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated April 2007; and

2.     Set a public hearing for June 26, 2007 for FY 2007 of assessments of Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,727–N.S. (PDF, 84 KB)

16. FY 2008 Transportation Development Act Article 3 Fund Allocation (PDF, 271 KB)

From: City Manager

Recommendation: Adopt a Resolution:

1.     Authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in the amount of $30,000 in FY 2008 for the Bicycle/Pedestrian Safety Education program;

2.     Declaring that the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,728–N.S. (PDF, 224 KB)

17. Audit: Fire Department Ambulance Billing (PDF, 324 KB)

From: Auditor

Recommendation: Request the City Manager to report back before September 2008 regarding the implementation status of each of the City Auditor's recommendations in the attached report, and every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report

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

Action:  Approved recommendation.

18. Amended and Restated Lease and Settlement Agreement with Boykin (PDF, 6 MB)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 6,981–N.S. authorizing the City Manager to execute the Amended and Restated Lease ("Amended Lease") and related Settlement Agreement with Boykin Berkeley LLC ("Boykin"), the owner of the Doubletree Hotel ("Hotel") located at the Berkeley Marina for a term effective from August 7, 2004 through December 31, 2058.

Financial Implications: See report

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

Action: Adopt Ordinance No. 6,981–N.S.  (PDF, 6 MB)  Effective date July 12, 2007.

19. Real Property Acquisition - West Berkeley Industrial Park and Savo Island Redevelopment Plans (PDF, 199 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 6,982–N.S. and Ordinance No. 6,983–N.S:

1) Adopting a description of the program for the acquisition of real property for the Redevelopment Plan for the West Berkeley Redevelopment Project Area, and related actions

2) Adopting a description of the program for the acquisition of real property for the redevelopment plan for the Savo Island Redevelopment Project Area.

Financial Implications: None

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

Action: Adopt Ordinance No. 6,982–N.S. (PDF, 145 KB) and Ordinance No. 6,983–N.S. (PDF, 135 KB)  Effective date July 12, 2007.

Council Consent Items

20. Appointment of Wise Allen to the Berkeley Housing Authority  (BHA) Board of Commissioners (PDF, 267 KB)

From: Mayor Bates

Recommendation: Adopt a resolution confirming the Mayor's appointment of Wise Allen for a two year term to the Berkeley Housing Authority Board of Commissioners.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action:  Removed from Agenda.  See Joint Meeting with Housing Authority this date.

21. Ensuring Equal Opportunity Employment Opportunities For People Re-Entering The Workforce After Prison (PDF, 252 KB)

From: Mayor Bates

Recommendation: Request the City Manager to:

1.     Refer the review of the City of Berkeley's hiring process as it pertains to the consideration of conviction history, including but not limited to the application, the application review process and whether a nexus between a conviction and the vacant position must exist prior to a rejection of an applicant,

2.     Return to Council with a report and recommendation that ensures equal opportunity employment opportunities for people re-entering the workforce after prison.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation numbers 1 and 2.

22. United States Food and Farm Bill (PDF, 201 KB)

From: Councilmember Maio

Recommendation: That City Council recommends to our federal representatives a Farm Bill that aligns United States food and farm policy with our public health policy and supports healthful and affordable food.

Financial Implications: None

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

Action:  Approved recommendation.

23. City Co-Sponsorship of the 21st Annual Berkeley Juneteenth Festival (PDF, 193 KB)

From: Councilmember Anderson

Recommendation: Adopt a resolution approving co-sponsorship of the 21st Annual Berkeley Juneteenth Festival to be held on Sunday, June 17, 2007.

Financial Implications: None

Contact: Max Anderson, Councilmember, District 3, 981-7130

Action:  Adopted Resolution No. 63,729–N.S. (PDF, 68 KB)

24. Opposition to Reduction of Transit Funding in the Governor's FY 2008 Budget (PDF, 206 KB)

From: Councilmember Capitelli

Recommendation: That the City Council approve the accompanying resolution opposing Governor Schwarzenegger's proposal to transfer funds earmarked for transit into the General Fund; and that the City Manager direct staff to write letters to the Governor and our state elected officials informing them of our position.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,730–N.S. (PDF, 68 KB)

25. Deadline Extension For Condominium Conversion Fee Waiver (PDF, 208 KB)

From: Councilmember Capitelli

Recommendation: Adopt first reading of an Ordinance amending BMC 21.28.065:

1.     Extending the deadline for complete applications for condominium conversion from July 1, 2007 to December 31, 2007 (21.28.065 A2);

2.     Delaying the sunset provision of the TIC exception from July 1, 2007 to December 31, 2007 for those applications in process before May 31, 2007 (all other restrictions apply) (21.28.065 A3)

Financial Implications: None

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

Action:  Adopted first reading of Ordinance No. 6,985–N.S.  Second reading scheduled for June 19, 2007.

26. Budget Surplus Allocation: SAVE the BAY (PDF, 194 KB)

From: Councilmember Olds

Recommendation: That the City Council pass a resolution to approve a grant of $250.00 to be funded from Councilmember Olds' surplus non-personnel budget to Save the Bay for education programs.

Financial Implications: General Fund - $250

Contact: Betty Olds, Councilmember, District 6, 981-7160

Action:  Adopted Resolution No. 63,731–N.S. (PDF, 34 KB)

27. Budget Surplus Allocation: Citizens for East Shore Parks (PDF, 194 KB)

From: Councilmember Olds

Recommendation: That the City Council pass a resolution to approve a grant of $250.00 to be funded from Councilmember Olds’ surplus non-personnel budget to the Citizens for East Shore Parks to help fund the restoration of the Berkeley Meadow.

Financial Implications: General Fund - $250

Contact: Betty Olds, Councilmember, District 6, 981-7160

Action:  Adopted Resolution No. 63,732–N.S. (PDF, 38 KB)

28. Halcyon Commons Rejuvenation Project (PDF, 204 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council adopt a Resolution accepting the gift of the three elements of the Halcyon Commons Rejuvenation Project:

1.     Archway at north end of the park with the words HALCYON COMMONS and animal cutouts related to park history;

2.     Bronze-cast sculpture of halcyon bird (a kingfisher associated with peace), which was planned as part of the original park design

3.     Refurbishment of the south end of the park, including in-fill planting from park palette and placement of boulders and flagstone.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,733–N.S. (PDF, 37 KB)

29. Residential Preferential Parking Fee (PDF, 192 KB)

From: Councilmember Wozniak

Recommendation: The City Council recommends the City Manager review the City of Berkeley’s Residential Preferential Parking (RPP) fee to ensure that they are adequate to cover the costs of this ongoing program and report back to council in October 2007 with recommendations for possible fee increases.

Financial Implications: Unknown

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

Action:  Approved recommendation.

30. Landscaped Traffic Barriers (PDF, 189 KB)

From: Councilmember Spring

Recommendation: Refer to the City Manager the funding of the landscaping of permanent traffic calming barriers in the North Shattuck area from the traffic calming budget allocation as determined by the City Manager.

Financial Implications: See report

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

Action:  Approved recommendation.

Action Calendar – Appeals

Please be advised that the Mayor will allow up to five minutes for both the applicant and appellant to make any relevant comments to the Council prior to their deliberation and determination to do one of the following 1) affirm the decision of the Zoning Adjustments Board and dismiss the appeal; 2) refer the matter back to the Zoning Adjustments Board; or 3) set the matter for public hearing at a future date.  No additional public comment will be entertained.

31.            LPC Appeal: 1300 Martin Luther King Jr. - Maybeck House

a. From: City Manager (PDF, 259 KB)

Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission to designate 1300 Martin Luther King Jr. Way, the Maybeck House, a City of Berkeley Landmark, and dismissing the appeal.

Financial Implications: None

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

b. Appeal submitted by Howard Smukler was withdrawn.  No action necessary – appeal moot.

32.            ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

a. From: City Manager (PDF, 431 KB) (To Be Delivered)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit No. 06-10000098 to convert an existing three-unit commercial building (The Wright's Garage Building) into a 4 to 7 unit commercial building; and to change uses to one restaurant, one exercise/dance study, and up to 5 retail spaces, and dismissing the appeal.

Financial Implications: None

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

b. Appeal

1.  Elmwood Merchants Association (PDF, 623 KB)

2.  Elmwood Neighborhood Association (PDF, 546 KB)

c. Communications

1.  89 Communications (PDF, 11 MB) (Please refer to Item 32c1, Communications Index and Packet, in the June 12, 2007 Council Agenda Packet)

 

Councilmembers Capitelli and Wozniak recused themselves.

 

Public Comments – 2

 

Action:  Motion to set date for hearing failed.  No action taken.  If council fails to act within 30 days (by July 10, 2007 meeting), the decision of the Zoning Adjustments Board will be approved by operation of law.  BMC 23B.32.060)

RECESS:  8:18 – 8:32 P.M.

Action Calendar – Old Business

33. Public Commons for Everyone Initiative (PDF, 230 KB) (Continued from May 22, 2007)

a. From: City Manager (PDF, 95 KB) (May 8, 2007)

Recommendation: That Council discusses and provides direction on options to:

1.      Restrict smoking in public areas in commercial zones.

2.      Install better directional signage to public restrooms.

3.      Develop prohibitions and increased fines for public urination and defecation.

4.      Provide for strict enforcement of all existing laws affecting the quality of life in public spaces and parks

5.      Reduce warning provisions associated with regulation prohibiting lying on the sidewalk.

Financial Implications: See report

Contact: Jim Hynes, Office of the City Manager, 981-7000

b. From: Homeless Commission, Mental Health Commission and Human Welfare Commission (PDF,  86 KB) (May 8,

Recommendation: The Homeless, Mental Health, and Human Welfare and Community Action Commissions recommend the Mayor and City Council to not take any action on May 8, 2007 on any of the proposals and recommendations contained in the Public Commons for Everyone Initiative or the City Manager’s workplan submitted to Council on March 27, 2007.  Additionally, the Commissions recommend that:

1.      The Mayor and Council direct staff to provide additional information in order for the Commissions to properly advise the Mayor and Council. Without more detailed information, the Commissions believe they cannot support any elements of the proposal or workplan items.

2.      The Mayor and Council allocate more money to a variety of needed services.

3.      The Mayor, Council, and staff consult with the Commissions throughout the development of staff recommendations for implementation. 

4.      The Mayor hold a joint meeting with the Homeless Commission, the Mental Health Commission, and the Human Welfare and Community Action Commission to discuss the PCEI and staff workplan, preferably prior to May 8, 2007 City Council meeting.

Financial Implications Unknown

Contact: Jennifer Vasquez, Homeless Commission Secretary, 981-5400

c.    From: Mayor  (PDF, 101 KB) (May 22, 2007)

Recommendation: Request that the City Manager return to the City Council by November 20, 2007 with:

1.      A plan to increase the number of parking meters and the parking meter fees to generate income for PCEI and allied programs;

2.      Support the City Manager’s request for a 6 month FTE and ask that the City Manager draft program plans for diversion, street outreach teams, and community policing with input from the relevant commissions;

3.      Draft language for a no-smoking ordinance in commercial areas and refer to Community Health Commission;

4.      A plan for improving signage and accessible hours for public bathrooms;

5.      Draft language for an ordinance prohibiting public urination and defecation as an infraction and refer to the Police Review Commission;

6.      A plan to adhere and enforce our existing laws pertaining to street behavior (see list in City Manager’s PCEI report of May 8th), and draft language to amend BMC 13.36.015 Lying on Sidewalks and rescind Resolution 61,042–N.S, and refer to the Police Review Commission;

7.      A plan for public seating, economic development and redirecting street donations refer to the Economic Development;

8.      A proposal to expand supportive housing opportunities linking Housing Trust Fund with Mental Health Services Act and other funds and refer to the Housing Advisory Commission; and,

9.      Solicit feedback and proposals from the Mental Health, Homeless, Community Health, Police Review, Housing Advisory, and the Human Welfare and Community Action Commissions and key community stakeholders for consideration by the Council at the November 20th City Council meeting.

Financial Implications: See report.

Contact: Tom Bates, Mayor, 981-7100

d.    From: Mayor Bates (PDF, 255 KB) (June 12, 2007)

Recommendation: Request that the City Manager include exploration of creating "designated smoking areas", along with drafting language for a no-smoking ordinance in commercial areas.  As defined in the May 22nd PCEI item, this issue will be referred to the Community Health Commission for review and input.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

e.    From: Councilmember Worthington (PDF, 202 KB) (June 12, 2007)

Recommendation:

1.     Compile information on number of citations issued, prosecuted and convicted on quality of life citations currently happening in Berkeley, as well as adjoining jurisdictions.

2.     Compile information on estimated cost of District Attorney time, Public Defender time, court time and police time for existing and proposed quality of life citations in Berkeley and nearby jurisdictions.

3.     Delay consideration of any ordinance banning sitting on the sidewalk for one year until we see the results of a trial period of these other recommendations.

4.     Delay implementation of urination ordinance (if proposed) until there is an increase in the number of public toilets and increased availability of existing public toilets.

5.     Implement community involved policing features such as increasing police beat walking and communication with businesses, residents and the whole community and implementation of a dedicated cell phone or page should not be delayed for sixth months.

6.     Sever recommendation number 6.

Financial Implications: None.

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

Public Comments - 18

Action:

M/S (Worthington/Maio) to adopt:

(Mayor No. 3 and Item d) Request that the City Manager draft language for a no-smoking ordinance in commercial areas, and following six months of implementation, consider the creation of "designated smoking areas".

(Mayor No. 4) A plan for improving signage and accessible hours for public bathrooms

(Mayor No. 5) Draft language for an ordinance prohibiting public urination and defecation as an infraction and refer to the Police Review Commission; (Mayor No. 7) A plan for public seating, economic development and redirecting street donations refer to the Economic Development;

(Mayor No. 8) A proposal to expand supportive housing opportunities linking Housing Trust Fund with Mental Health Services Act and other funds and refer to the Housing Advisory Commission

(Mayor No. 9) Solicit feedback and proposals from the Mental Health, Homeless, Community Health, Police Review, Housing Advisory, and the Human Welfare and Community Action Commissions and key community stakeholders for consideration by the Council.

(Worthington No. 1) Compile information on number of citations issued, prosecuted and convicted on quality of life citations currently happening in Berkeley, as well as adjoining jurisdictions.

(Worthington No. 3) Delay consideration of any ordinance banning sitting on the sidewalk for one year until we see the results of a trial period of these other recommendations.

(Worthington No. 5) When feasible, implement community involved policing features such as increasing police beat walking and communication with businesses, residents and the whole community and implementation of a dedicated cell pone or page.

 

Councilmember Spring requested that Mayor No. 5 be severed. Vote:  Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates.  Noes – Worthington.  Abstain – Spring.

 

Vote on Mayor No. 3, No. 4, No. 7, No. 8, No. 9 and Worthington No. 1, No. 2, No. 3.  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates.

 

M/S (Maio/Wozniak) to adopt:

(Mayor No. 6) A plan to adhere and enforce our existing laws pertaining to street behavior (see list in City Manager’s PCEI report of May 8th), and draft language to amend BMC 13.36.015 Lying on Sidewalks and rescind Resolution 61,042–N.S, and refer to the Police Review Commission;

(Mayor No. 1) A plan to increase the number of parking meters and the parking meter fees to generate income for PCEI and allied programs;

(Mayor No. 2) Support the City Manager’s request for a 6 month FTE and ask that the City Manager draft program plans for diversion, street outreach teams, and community policing with input from the relevant commissions;

 

Councilmember Maio requested that Mayor No. 1 be severed.  The action was amended to include direction to staff to explore new ways to raise revenue in addition to parking meters.  Vote:  Ayes – Maio, Moore, Capitelli, Worthington, Wozniak, Bates.  Noes – Spring, Olds.  Abstain – Anderson.

 

Vote on Mayor No. 6 and Mayor No. 2 with an amendment to No. 6 ---------.  Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates.  Noes – Worthington.  Abstain – Spring.

RECESS:  10:00 – 10:10 p.m.  OLDS ABSENT

 

M/S (Worthington/Spring) to direct staff to compile information on estimated cost of District Attorney time, Public Defender time, court time and police time for existing and proposed quality of life citations in Berkeley and nearby jurisdictions where feasible at minimal cost (Worthington No. 2).  Vote:  Ayes – Anderson, Spring, Worthington.  Noes – Maio, Capitelli, Wozniak, Bates.  Abstain – Moore.  Absent:  Olds.

 

M/S (Worthington/Spring) to Delay implementation of urination ordinance (if proposed) until there is an increase in the number of public toilets and increased availability of existing public toilets. (Worthington No. 4).  Vote:  Ayes – Moore, Anderson, Spring, Worthington.  Noes – Bates.  Abstain – Maio, Capitelli, Wozniak.  Absent – Olds.

 

34.            Discussion and Direction: 2008/2009 FY Budget – Including New Referrals

a. From City Manager (PDF, 467 KB)

Recommendation:

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

Action: The following were moved to Consent Calendar and recommendations approved/referred to budget process.

b. New Referrals:

1.    Allocating $1 Million to the Housing Trust Fund in Fiscal Year 2008 (PDF, 248 KB) (To Be Delivered)

From: Housing Advisory Commission

Recommendation: Approve allocating $1 million to the Housing Trust Fund in Fiscal Year 2008.

Financial Implications: See report

Contact: Oscar A. Sung, Commission Secretary, 981-5410

2.    Budget Referral - Berkeley Assessment, Screening, Treatment and Referral (Be A STAR) Program (PDF, 251 KB)

From: Mayor Bates

Recommendation: Request that the City Council refer to the 2008-2009 Biennial budget process $50,000 in one-time only funds for development of an implementation plan for Berkeley Assessment, Screening, Treatment and Referral (Be A STAR) program for healthy child development.

Financial Implications: General Fund - $50,000

Contact: Tom Bates, Mayor, 981-7100

3.    Budget Referral: Hypertension Program (PDF, 252 KB)

From: Mayor Bates

Recommendation: Request that the City Council refer to the 2008-2009 biennial budget process $100,000 in one-time only funds for the Hypertension Prevention and Treatment Program delivered through the Public Health division and in partnership with Lifelong Medical Care, Inc.

Financial Implications: General Fund - $100,000

Contact: Tom Bates, Mayor, 981-7100

4.    Co-Sponsorship of the 9th Annual “Run for Peace” (PDF, 196 KB)

From: Councilmember Maio

Recommendation: That the City of Berkeley:

1.     Co-Sponsor the 9th Annual "Run for Peace" organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Sunday, October 7, 2007;

2.     Waive all permit fees associated with the 9th annual "Run for Peace";

3.     Contribute $1,000 toward the organization of the 9th annual "Run for Peace" event.

Financial Implications: See report

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

5.    Budget Referral: Housing Rights, Inc. (PDF, 233 KB)

From: Councilmember Moore and added Councilmembers Spring and Worthington

Recommendation: That the Berkeley City Council refers $6,000 to the FY2008-2009 budget process for Housing Rights, Inc. to help fill a gap in services.

Financial Implications: General Fund - $6,000

Contact: Darryl Moore, Councilmember, District 2, 981-7120

6.    Budget Referral: Berkeley Youth Alternatives' Girls' Twilight Basketball (PDF, 238 KB)

From: Councilmember Moore and added Councilmember Anderson

Recommendation: That the Berkeley City Council refers $45,000 to the FY2008-2009 budget process to maintain funding for Berkeley Youth Alternatives' Girls' Twilight Basketball.

Financial Implications: General Fund - $45,000

Contact: Darryl Moore, Councilmember, District 2, 981-7120

7.    Budget Referrals:2008 and 2009 Biennial Budget Process (PDF, 193 KB)

From: Councilmember Anderson

Recommendation: Request the City Manager develop a proposal and cost estimate to restore funding to

1.     BOSS in the amount of $49,434,

2.     The South Berkeley Community Church in the amount of $10,000,

3.     The Berkeley Drop-In Center in the amount of $13,683

4.     YA/YA California in the amount of $25,000 for FY 2008 and 2009 biennial budget deliberations.

Financial Implications: See report

Contact: Max Anderson, Councilmember, District 3, 981-7130

8.    City Sponsorship Of The 33rd Annual Solano Stroll (PDF, 216 KB)

From: Councilmember Capitelli

Recommendation: That the City of Berkeley cosponsor the 2007 Solano Stroll to be held on Solano Avenue on Sunday, September 9, 2007; that the Council

1.     Give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media);

2.     Provide services from Police, Transportation and Public Works departments.

Financial Implications: See report

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

9.      Budget Referral: Sweatshop-Free Ordinance Implementation

 

a. From: Councilmember Worthington (PDF, 202 KB)

Recommendation: Refer to the budget review process a recommendation to appropriate $ 35,000 to fund the Sweat free Consortium as well as additional staffing needs of the City of Berkeley Purchasing Department to implement the Sweatshop-Free Ordinance.

Financial Implications: General Fund - $35,000

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

b. From: City Manager (PDF, KB) (Continued from May 22, 2007)

(Information report that was moved to the Action Calendar at the April 30, 2007 Agenda Committee meeting.)

Recommendation: Discussion and direction.

Contact: Michael Caplan, Office of the City Manager, 981-7000

10. Budget Referral: $280,000 for BOSS Ursula Sherman Village Project (PDF, 361 KB)

From: Councilmember Worthington

Recommendation: That the Council refer to the budget process a one-time request of $280,000 for BOSS (Building Opportunities for Self-Sufficiency) to complete rehabilitation and construction for Ursula Sherman Village project including the Harrison House Singles Program, Families Program, and the Children’s Learning Center.

Financial Implications: General Fund - $280,000

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

Public Comment – Items Not Listed on the Agenda – None

Information Reports

35. Status Report: Instant Runoff Voting for Municipal Elections (PDF, 753 KB) (To Be Delivered)

From: City Manager

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Removed from Information Reports and referred to Agenda Committee to set for Action on future Council agenda.

36. Investment Report: Quarter Ended March 31, 2007 (PDF, 2 MB)

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

Action:  Received and filed.

37. The Work Force Report (PDF, 354 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Received and filed.

38. Unrepresented Temporary Employees (PDF, 240 KB)

From: City Manager

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

Action:  Received and filed.

39. Update: Implementation of FUND$ Change Management Audit Recommendations (PDF, 262 KB)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

Action:  Received and filed.

40. LPC NOD:  2611 Ashby Avenue (PDF, 4 MB)

From: City Manager

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

Action:  Received and filed.

41. LPC NOD 2307 Piedmont Avenue (PDF, 4 MB)

From: City Manager

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

Action:  Received and filed.

42. Installation of Surveillance Cameras (PDF, 209 KB) (To Be Delivered)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action:  Removed from Information Reports and referred to Agenda Committee to set for Action on future Council agenda.

43. Amendment to Fiscal Year 2007 Audit Plan: Police Asset Forfeiture Account (PDF, 237 KB)

From: Auditor

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

Action:  Received and filed.

Adjournment – 10:30 p.m.

Adjourned in memory of Ruth Meniketti and Dr. Todd Mikuriya.

 

Communications – 06/12/07 (PDF, 4 KB)

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 33: Public Commons for Everyone Initiative

1.      Vincent Casalaina, Willard Neighborhood Association

2.      Doris Moskowitz

Anti-Discrimination Ordinance

3.      Barbara Ann Berwick

Replant Piedmont Way

4.      Bob Joyce

Himalayan Fair

5.      Troy Reicherter

Washington Elementary Solar Panel Project

6.      Juliet Lamont

Budget Cuts – Civic Arts Coordinator

7.      Lisa Bullwinkel, Berkeley Cultural Trust

Whistle-Blowing Residents

8.      Anne Whyte

WiFi

9.      Leonard Schwartzburd

Bus Lanes on Telegraph

10. Doris Moskowitz

Public Transportation

11. angele@****.com

Yassir Chadly

12. Ying Mei Tcheou (3)

Bicycle Issues

13. H. Scott Prosterman (3)

Critical Mass Incident

14. Robin Wright

15. Mark Furlong

16. Jason Meggs

Green Agenda

17. Barbara Gilbert

18. Cisco DeVries, Office of Mayor Bates

Parking Lot in Elmwood District

19. Linda Moyer

Pacific Steel Casting

20. Janice Schroeder, West Berkeley Alliance

21. Martin Bourque, Ecology Center

22. Jason Kibbey, Community Environmental Advisory Commission

Berkeley Housing Authority

23. Sharon Hudson

Telegraph Avenue: Similar to Haight Street

24. Barbara Gilbert

School Bussing

25. Barbara Gilbert

The Shipyard Art Space/Artist Evictions

26. Corbett Griffith

27. Kal Spelletich

28. Anthony Peterson

29. Todd Reed

30. Sarah Sobel

31. Rudy Rucker

32. Richard Fong

33. Herbie Hatman

34. Ray Russ

35. Susan Jette

36. Lena Strayhorn

37. Dawn Stott

38. Jonathan Spear

39. Sharon Hudson (2)

40. Natalie Schumacher

41. Christopher Schardt

42. Mary Zimmerle

43. Background information, submitted by City Manager

Priority Development Area Application

44. Memorandum, submitted by City Manager

 

Supplemental Communications and Reports 1 (PDF, 4 KB)

Item 2: Appropriations Limit for FY 2008

45. Supplemental material, submitted by City Manager

Item 21: Ensuring Equal Opportunity Employment Opportunities For People Re-Entering The Workforce After Prison

46. Rowland Emmert

47. Niculia Williams, Berkeley Youth Alternatives

48. Linda Evans

Item 28: Halcyon Commons Rejuvenation Project

49. Nancy Carleton, Halcyon Neighborhood Association

Item 32: ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

50. Ann Flexor

51. Paul Tuleja

52. Anne Griffiths

53. Marilyn San Martin

54. Anne Whyte

55. Jennifer Selby Long

56. Melina Linder

57. Louis Armstrong

58. Alice Feller

59. Jane Singh

60. Terry Lunsford

61. Larry Forsberg

62. Laura Blair

63. Susanne Lowenthal

64. Lise & Neal Blumenfeld

65. Henry Siegel

66. Neil & Elise Getz

67. Bobbie Landau

68. Maureen Ewer

69. Marcia Tanner

70. Noemi Levine

71. Adrienne Ross

72. Sally Sommer

73. Mary Anne Craft

74. Phyllis O’Neill

75. John O’Neill

76. Barbara Schick

77. Stephen Wollmer

78. Rebecca Fromer

79. Tad Laird

80. Robert Dunn

81. Louise D’alo

82. Mel Sibony

83. Bruce Dickinson

84. Mary Kay Stuvland

85. Alan Reinke

86. Ann Leyhe & Marion Bundy

87. Laurie Bright

88. Janice Craik

89. Lisa Sibony

90. David Salk

91. Jacob Picheny

92. Elmwood Neighborhood Association

93. Julie Lewis

94. Frederic Harvey

Item 33: Public Commons for Everyone Initiative

95. Nancy Carleton

96. Osha Neumann

Item 34: Discussion and Direction: 2008/2009 FY Budget – Including New Referrals

97. Anonymous

98. Work Plan for FY 2008, submitted by Civic Arts Commission

99. Igor Tregub

 

Supplemental Communications and Reports 2 (PDF, 4 KB)

Item 31: LPC Appeal: 1300 Martin Luther King Jr. - Maybeck House

100.         Liz Miranda

Item 32: ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

101.         Elmwood Neighborhood Association

Item 34b5:  Budget Referral: Housing Rights, Inc.

102.         Revised report, submitted by Councilmember Moore (PDF, 90 KB)

Item 34b6:  Budget Referral: Berkeley Youth Alternatives' Girls' Twilight Basketball

103.         Revised report, submitted by Councilmember Moore (PDF, 69 KB)

Item 34b9:  Budget Referral: Sweatshop-Free Ordinance Implementation

104.         Revised report, submitted by Councilmember Worthington (PDF, 69 KB)

105.         Status report, submitted by Igor Tregub, Commission on Labor et al.

106.         Unknown

1885 University Avenue

107.         Stephen Wollmer