Regular Meeting eAgenda
October 9
, 2007

Printer-friendly PDF* agenda: (12 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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, OCTOBER 9, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Pamyla Means, City Clerk, 981-6900

Note: Council Rules of Procedure are currently under review and are subject to change.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.


Public Comment on Consent Calendar Items Only


Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

Items that are removed from the Consent Calendar and deemed by the Mayor to be controversial in nature will be considered at the end of the agenda.  The Mayor will call for public comments on items on the Consent Calendar.  For each item, the Mayor will entertain one speaker in support and ask that persons in the audience who are also in support stand to be recognized.  The Mayor will then entertain one speaker in opposition and follow the same process for the speaker in support.  If the Mayor determines that there are several persons wishing to speak to the item, the item will be removed from the Consent Calendar and considered at the end of the agenda.

1.     Adoption of Findings - U-Haul Company, 2100 San Pablo Avenue (PDF, 255 KB)

      Revised Report ( PDF, 574 KB) 

From: City Manager

Recommendation: Adopt a resolution, including findings, that U-Haul, located at 2100 San Pablo Avenue, violated Use Permit No. 7575 and said permit is revoked and terminated, as previously determined by the City Council on September 18, 2007, after a public hearing.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.    Sale of Center Street Garage Setback Easement to SNK (PDF, 736 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute all necessary documents to convey a fire separation easement above the Center Street Garage at 2025 Center Street to SNK Captec Arpeggio, LLC for an amount not to exceed $200,000.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-6900

3.     Adopt Revised Conflict of Interest Code (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution rescinding Resolution No. 63,433-N.S. and adopting a revised Conflict of Interest Code for the City of Berkeley.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

4.    Minutes for Approval (PDF, 482 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of July 10, 2007 (closed and regular), July 16, 2007 (joint closed and special), July 17, 2007 (regular adjourned, regular adjourned, and regular), July 31, 2007 (special), September 4, 2007 (closed), September 10, 2007 (closed), September 11, 2007 (special and regular), and September 18, 2007 (special and regular).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

5.      Contract: The Berkeley Alliance (PDF, 409 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance to provide administrative support and project services for a partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley not to exceed $69,800 for the period July 1, 2007 to June 30, 2008.

Financial Implications: General Fund - $69,800

Contact: Tracy Vesely, Budget Manager, 981-7000

6.    Reimbursement: Animal Shelter Pre-Development Expenditures (PDF, 243 KB)

From: City Manager

Recommendation: Adopt a Resolution declaring the intent of the City of Berkeley to reimburse certain expenditures made prior to the issuance of General Obligation bonds to improve the animal shelter, in accordance with the requirements of Treasury Regulation Section 1.150-2.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

7.      Borrowing of Funds and the Sale and Issuance of FY 2008 Tax and Revenue Anticipation Notes (PDF, 408 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2008 Tax and Revenue Anticipation Notes.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

8.     Formal Bid Solicitations and Request for Proposal Scheduled for Possible Issuance in the Next 30 Days (PDF, 250 KB)

From: City Manager

Recommendation: Approve the new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

9.      Audit: Seniors and Disabled Home Rehabilitation Loan Program (PDF, 303 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 55,664-N.S. to revise program guidelines for the Seniors and Disabled Home Rehabilitation Loan Program.

Financial Implications: None

Contact: Renelda Mary, Housing, 981-5400

10.  Shelter Plus Care Partner Agency Contracts (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase contract amounts as follows with the Berkeley Food and Housing Project and the Women’s Daytime Drop-in Center in order to redistribute $7,808 in General Funds initially allocated to the Homeless Action Center for the provision of case management services to participants in the City of Berkeley Shelter Plus Care Program:

1)     The contract with the Berkeley Food and Housing Project shall be increased by $6,246, for a total amount not to exceed $597,400;

2)      The contract with the Women’s  Daytime Drop-in Center shall  be increased by $1,562, for a  total amount not to exceed $151,558.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

11.  Classification: Library Information Systems Administrator (PDF, 275 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 Library Information Systems Administrator with a salary range of $6,796 -  $8,676 per month effective October 1, 2007.

Financial Implications: Library Discretionary Fund - $160,832 annually

Contact: David Hodgkins, Human Resources, 981-6800

12.  Memorandum Of Understanding:  Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (PDF, 584 KB)

From: City Manager

Recommendation: Adopt Resolutions:

1)     Approving a new four year Memorandum of Understanding with the Berkeley Fire Fighters Association/I.A.F.F.  Local 1227 (hereinafter referred to as the "Association") with a term of July 2, 2006 through June 26, 2010; authorizing the City Manager to execute and implement the new labor agreement that includes certain adjustments to salaries and benefits retroactive to July 2, 2006 or other dates set forth in the contract;

2)     Approving a new salary resolution for Representation Unit B that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 60,867-N.S.

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

13.  Classification: Watershed Resources Specialist (PDF, 276 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 Watershed Resources Specialist with a salary range of $5,348 - $6,500 per month effective October 1, 2007.

Financial Implications: General Fund - $58,535 FY 2008; $104,360 FY 2009

Contact: David Hodgkins, Human Resources, 981-6800

14.  Contract Amendment:  East Bay Conservation Corps for Storm Drain Cleaning and Graffiti Removal (PDF, 248 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7086A with East Bay Conservation Corps, adding graffiti removal to the scope of services, increasing the amount by $100,000 to a total not to exceed $150,000, and extending the agreement to include the period October 18, 2006 to December 31, 2008.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

15.  Audit: Marina Surprise Cash Count - Controls Over Cash Receipts Need Improvement (PDF, 289 KB)

From: Auditor

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

Financial Implications: See report

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

16.  Invisible Problems: Weak Internal Controls May Require Disclosure by City Manager and Council Action (PDF, 246 KB)

From: Auditor

Recommendation: Request the City Manager to consider requiring departments to identify and dollarize significant internal control weakness that have not been addressed because of insufficient resources or staff capabilities.  A written report from each department should be required as part of the annual budget submission, as well as the department's quarterly meeting with the City Manager.  If possible, preliminary information should be drafted by key departments and reviewed by the Budget Office before the mid-year budget review in February.

Financial Implications: See report

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

17.  Audit: Animal Shelter Surprise Cash Count: Controls Need Improvement (PDF, 283  KB)

From: City Manager

Recommendation: Request the City Manager to report back on or before January 2008, and every three months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.

Financial Implications: See report

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

18.   Audit of Controlled Substances in the Fire Department:  Control Activities and Monitoring Should Be Strengthened (PDF, 323 KB)

From: Auditor

Recommendation:  Request the City Manager implement the recommendations in the attached report, and to report back by September 2008, and every six months thereafter, until all recommendations are implemented.

Financial Implications: See report

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


Council Consent Items

19.  Discretionary Budget Allocation: Berkeley Cougars (PDF, 209 KB)

From: Councilmember Moore and Mayor Bates

Recommendation: Adopt a Resolution approving the expenditure of $1000 from Councilmember Darryl Moore’s and Mayor Tom Bates’ discretionary budget (D-13), $500 from each office, to make a grant to Berkeley Cougars to benefit local youth. 

Financial Implications: Discretionary Budget Funds - $1000

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

20.  Increase Percentage Of Bio-Diesel Fuels For City Vehicles (PDF, 211 KB)

From: Councilmembers Worthington and Spring

Recommendation: Refer to the City Manager an increase in the percent of bio-diesel fuels from the current 20 percent to 100 percent or 50 percent in the next invitation for a bid for fuel for city vehicles and that there be a report back to the City Council regarding this referral before the invitation of a bid..

Financial Implications: None

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

21.  Iraq Moratorium (PDF, 240 KB)

From: Councilmember Worthington on behalf of Peace and Justice Commission

Recommendation: Adopt a Resolution endorsing the Iraq Moratorium on October 19, November 16, and December 21, 2007 and every subsequent third Friday of every month until there is an end to the United States war in Iraq, and urging all of the citizens of the City of Berkeley to take the Iraq Moratorium pledge and participate in some way in the Iraq Moratorium campaign until the United States war in Iraq is ended.

Financial Implications: None

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

22.  Letter To Louisiana Governor, et al In Support Of The Jena 6 (PDF, 34 KB)

From: Councilmembers Worthington, Moore and Anderson

Recommendation: Direct staff to send a letter to the Governor of Louisiana, the Louisiana State Attorney General, the US Justice Department, Federal Bureau of Investigation and the US Attorney General's office expressing its support for the Jena 6 and urging them to ensure that constitutional protections are afforded to the six students and that they receive a just trial.

Financial Implications: None

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


Action Calendar – Appeals

23.   ZAB Appeal: 2008 Virginia Street (PDF, 1 MB)

      Attachment 4 (PDF, 30 MB)

a.       From: City Manager

Recommendation: Adopt a Resolution affirming the ZAB decision to allow the construction of a 1,434 sq. ft. addition by raising the existing structure approximately 6' to create habitable space on the ground level, and by expanding the footprint of the building, thereby creating a two-story, west wing to the existing single-family residence.

Financial Implications: None

b.     Appeal 

1.      Hallie M. Frazier

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


Action Calendar – Council Items

24.  Revised Amendments to the Berkeley City Council Rules of Procedure )

a. From: Mayor Bates (PDF, 343 KB

Recommendation: Request that:

1) The City Manager return to Council with a proposal and cost analysis to move City Council meetings to a venue that is adequate in size for public participation, accessible for people with disabilities and seismically safe;

2) Request the City Council accept these revised amendments to the Berkeley City Council Rules of Procedure and Order (last amended May 8, 2007) Chapter IV – Conduct of Meeting, Sections A and E. Specifically, replace Section A - Comments from the Public with: a) Public Comment on Consent Calendar and Information Items; b) Public Comment on Action items; c) Appeals appearing on Action Calendar, and d) Public Comment on Non-Agenda Items; and amend Section E, F and G on Public Hearings, Work sessions and Public Discussions, respectively. 

3) After listening to the public feedback and discussion at the September 11th Council Work session and Council meeting, I am submitting these revisions detailing the process for how the Presiding Officer may allocate public comment speaker time and allow for the yielding of time to other speakers.  The revisions are in italics, bold print and underlined.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

b. From: Councilmember Worthington (Carried over from September 11, 2007) (PDF, 708 KB)

Recommendation: Amend Resolution 53,575—N.S. to incorporate the new procedures for Public Comment established by the Mayor and to incorporate other minor changes for clarity, consistency and performance with The Brown Act.  Disseminate the amended resolution to the City Council, all Boards, Commissions, Committees and Task Forces for immediate implementation

Financial Implications: None

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

c. From: Councilmember Spring (PDF, 390 KB)

Revised Report ( PDF, 117 KB)

Recommendation:

 1) Request the City Council accept these revised amendments to the Berkeley City Council Rules of Procedure and Order (last amended May 8, 2007) Chapter IV – Conduct of Meeting, Sections A and E. Specifically, replace Section A - Comments from the Public with: a) Public Comment on Consent Calendar and Information Items; b) Public Comment on Action items; c) Appeals appearing on Action Calendar; and d) Public Comment on Non-Agenda Items; and amend Section E, on Public Hearings. 

 

2) After listening to the public feedback and discussion at the September 11th Council and receiving Mayor Bates revised amendments, I am recommending the following amendments which are underlined.

Financial Implications: None

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


Information Reports

25. Unrepresented Temporary Employees (PDF, 242 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

26.   LPC NOD: 2500 Durant Ave. (PDF, 3 MB)

From: City Manager

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


Public Comment – Items Not Listed on the Agenda


Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
 Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

 

 

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 4, 2007

 

Pamyla Means, MMC, City Clerk


Communications – 10/09/07 (PDF, 15 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.

UC Berkeley Student Athlete High Performance Center

1.      Albia Miller

2.      Philip Studarus

3.      Steve Corchado

4.      Sherwood Parker

5.      Jenny Wenk

6.      Doug Marshall

7.      Ron Bishop

8.      Ramon Castellblanch

9.      R. Sheldon Onstead

10. Jeffrey Taylor

11. Richard Wallace

12. George Wong

13. Brian Nace

14. Carolyn Scarr

15. Eileen Carey

16. Michael Marini

17. J.M. Xena Brenna

BRT

18. Bruce Kaplan

19. Michael Katz

Berkeley Adult Recreational Fields

20. Tim Wagner

Trouble on Telegraph

21. Doris Moskowitz

Inappropriate Street Behavior

22. Barbara Gilbert

Restoration of Codornices Creek

23. Susan Schwartz, Friends of Five Creeks

Berths Assignments at Berkeley Marina

24. Paul Canin

25. Robert Boyvey

Santa Cruz & Vagrancy

26. David McMillion

West Berkeley Plan and Proposed Re-Zoning

27. L. Darlene Pratt

Verizon Antennas [Closed Session Item]

28. Ronnen Levinson