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Regular
Meeting eSummary |
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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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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)
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
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.
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
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.
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)
Supplemental Report (PDF, 93 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
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.
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
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
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