Regular Meeting eAgenda
October 23
, 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 23, 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.    Sale of Center Street Garage Setback Easement to SNK (PDF, 217 KB)

Revised Item (PDF, 300 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,999-N.S. 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

2.     Amendment to FY 2008 Annual Appropriations Ordinance  (PDF, 1 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2008 Annual Appropriations Ordinance No. 6,935–N.S. for fiscal year 2008 based upon recommended re-appropriation of committed FY 2007 funding and other adjustments authorized since July 1, 2007, in the amount of $61,848,111 (gross) and $52,178,359 (net).

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

3.      Revised November 2007 City Council Meeting Schedule (PDF, 299 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 63,559-N.S. to revise the City Council regular meeting schedule for November 2007.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

4.       Formal Bid Solicitations and Request for Proposals  (PDF, 256 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: General fund - $200,000

Contact: Robert Hicks, Finance, 981-7300

5.       Reimbursement: Animal Shelter Pre-Development Expenditures (Held over from October 9, 2007)  (PDF, 249 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

6.     Purchase Orders:  FY08 - Interior Motions  (PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders in FY08 with Interior Motions, a supplier of furniture, in an amount not to exceed $250,000.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

7.      Lease: 1013 Pardee Street No. 105  (PDF, 294 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing a new one year lease from October 1, 2007 to September 30, 2008 for an existing warehouse at 1013 Pardee Street, No.105 (alternate address of 2700 10th Street) for the storage of fire and police equipment, emergency supplies and equipment.

Financial Implications: Measure Q, Budget Code - $138,293

Contact: Debra Pryor, Fire, 981-3473

8.       Winter Homeless Shelter Programs (PDF, 254 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager:

1)    To increase the allocation for operating costs for Winter Shelter Program by $10,000;

2)     To enter into a Memorandum of Understanding with the City of Oakland, Department of Human Services, in an amount not to exceed $66,000 for operation of the Winter Shelter Program at the Oakland Army Base.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

9.    Memorandum Of Understanding:  Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (Held over from October 9, 2007)  (PDF, 600 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

10.   Deferred Compensation Plan:  Amend Plan to Allow Employees to Purchase Additional Retirement Service (PDF, 250 KB)

From: City Manager

Recommendation: Adopt the first reading of an Ordinance to amend Ordinance No 6,749-N.S., the City of Berkeley Deferred Compensation Plan to add a new Article XIII, Purchase of Additional Retirement Service Credit from the California Public Employees' Retirement System (CalPERS).

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

11.  Classification: Transportation Manager (PDF, 387 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 Transportation Manager with a salary range of $9,230 - $11,219 per month effective November 1, 2007.

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

12. Contract Amendment:  Innovative Technologies – Consulting Services for the Public Safety Computer System (PDF, 254 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  6840C with Innovative Technologies, for consulting services related to the new Public Safety Computer System, in the amount of $4,000 for a total contract amount not to exceed $117,625, and to extend the term until November 30, 2007.

Financial Implications: General Fund - $4,000

Contact: Donna LaSala, Information Technology, 981-6500

13.   Contract:  Berkeley Tuolumne Camp Master Plan - 2M Associates, Inc. (PDF, 255 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with 2M Associates, Inc. to prepare a Master Plan for Berkeley Tuolumne Camp for an amount not to exceed $75,000 for the period October 24, 2007 to December 31, 2008.

Financial Implications: General fund - $75,000

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

14.   Revised Grant Application:  Workforce Housing Reward Program (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a $149,719 Workforce Housing Reward Program grant from the State of California, Department of Housing and Community Development for improvements to Downtown BART Plaza; and to execute the resultant revenue agreement and any amendments thereto.

Financial Implications: See report

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

15.  Contract: Mills Act: 2130 Center Street (PDF, 853 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2130 Center Street.

Financial Implications: See report

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

16.  Contract: Mills Act: 2947-53 College Avenue (PDF, 706 KB)

From: City Manager

Recommendation: Adopt a Resolution to direct the City Manager to enter into a Mills Act contract for 2947-53 College Avenue.

Financial Implications: See report

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

17.   Contract: Marks Traffic Data Inc for On-Call Traffic Consulting Services PDF, 246 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Marks Traffic Data, Inc., for on-call traffic consulting service in an amount not to exceed $50,000 for the period December 15, 2007 through December 14, 2009 with an option for a one-year extension.

Financial Implications: CIP Fund:  $50,000

Contact: Claudette Ford, Public Works, 981-6300

18. Contract Amendment: Korve Engineering (DMJM Harris) for On-Call Traffic Engineering Services (PDF, 247 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Contract No. 6927A with Korve Engineering, now known as DMJM Harris, for on-call traffic engineering services; increasing the amount by $50,000 for a new total contract amount not to exceed $140,000; and extending the term to December 31, 2008.

Financial Implications: Capital Improvement Fund - $50,000

Contact: Claudette Ford, Public Works, 981-6300

19.  Contract Amendment:  City CarShare for Pilot Accessibility Program (PDF, 249 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6475 with City CarShare for the development of a pilot Accessibility Program, including the acquisition of a wheelchair accessible vehicle, increasing the contract by $25,000 for a total amount not to exceed $438,000 for the period August 1, 2004 to June 30, 2009.

Financial Implications: General fund - $25,000

Contact: Claudette Ford, Public Works, 981-6300

20.   Housing Incentive Program (HIP) Application for Ed Roberts Campus (PDF, 186 KB)

      Notice of Revision (PDF, 20 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Metropolitan Transportation Commission (MTC) for funds in the amount of $544,000 for transportation enhancements related to the Ed Roberts Campus at the Ashby BART Station; allocating and committing $62,525 in countywide sales tax Measure B Bicycle/Pedestrian funds to provide the City’s matching funds of 11.47%; and accept the grant, and execute any resultant agreements and amendments.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

21.  City of Sanctuary for Conscientious Objectors (PDF, 240 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution reaffirming the City of Berkeley as a City of Sanctuary for United States military personnel seeking Conscientious Objector Status, and extending Berkeley as a City of Sanctuary for those otherwise seeking to avoid participating in the Occupation of Iraq or in combat operations in Iraq, Afghanistan or other targets of United States wars for moral, ethical or religious reasons or out of respect for international laws, including the Nuremberg Principles, some of whom may have been classified as AWOL or deserters.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5100

 

Council Consent Items

22.  Mayor's Office Funding for Ecology Center's Environmental Summit (PDF, 249 KB)

From: Mayor Bates

Recommendation: Authorize the payment of $250 from the Mayor's discretionary budget to the Ecology Center to help fund their second annual Sustainability Summit.

Financial Implications: Mayor's Budget - $250

Contact: Tom Bates, Mayor, 981-7100

23.  Support Teleconferencing for Commissions (PDF, 209 KB)

From: Councilmembers Moore and Wozniak

Recommendation: Direct the City Manager to explore the possibility for requests for teleconferencing by commission or task force chairperson when members have a good reason that they are unable to attend meetings in person and for the City Manager to return with a proposal on the December 18th meeting.

Financial Implications: None

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

24. Schedule Presentation: United in Action on the Subject of the Academic Achievement Gap (PDF, 213 KB)

From: Councilmember Moore

Recommendation: Schedule a short presentation from United In Action for the November 6, 2007 City Council meeting.

Financial Implications: None

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

25. Honoring Theodore David Gartner (PDF, 209 KB)

From: Councilmember Moore

Recommendation: Adopt a Resolution in honor of the brilliant life of Ted Gartner.

Financial Implications: None

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

26.  Be Fit Berkeley Campaign - Voluntarily Transfer Of Funds (PDF, 383 KB)

From: Councilmembers Capitelli and Moore

Recommendation: Authorize Councilmembers to voluntarily transfer funds, not to exceed $500 from Council Member Office budgets to the Public Health Department in support of the “Be Fit Berkeley” Campaign.

Financial Implications: None

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

27.  Developing a City Preferred Alternative for Bus Rapid Transit (PDF, 267 KB)

From: Councilmembers Capitelli and Worthington

Recommendation: Direct the Planning Commission, in collaboration with the Transportation Commission and staff, to develop a City preferred alternative for the Bus Rapid Transit (BRT) system under consideration by AC Transit, and, if funding for the process is received from AC Transit in a timely manner, to complete its deliberations by March 1, 2008, and to report back to the Council no later than March 25, 2008.

Financial Implications: See report

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

28.  Reinstating Funding to Berkeley Food and Housing Project (PDF, 209 KB)

From: Council member Worthington

Recommendation: Adopt a Motion to reinstate funding to the Berkeley Food and Housing Project immediately or refer it to the mid-year budget process.

Financial Implications: General Fund - $23,567

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

29.  Political Situation in Myanmar/Burma (PDF, 274 KB)

From: Council member Worthington

Recommendation: Adopt a the Resolution drafted by the Peace and Justice Commission urging the government of Myanmar/Burma to immediately cease the use of violence in suppression of non-violent protests by it’s citizens, cease the detention of political prisoners and release those currently held, restore communications within and outside the county including telephone, cellular, and Internet services, and enter into sincere negotiations with leaders of the movement for democracy and human rights in Mynamar/Burma.

Financial Implications: General Fund - $23,567

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

 

Action Calendar - Appeals

30.  ZAB Appeal: 1365 Summit Road (PDF, 5 MB)

      Attachment 4 (PDF, 30 MB)

1. From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit No.  06-10000105 for the demolition of the existing home at 1365 Summit Road and to permit its replacement with a new single family residence.

Financial Implications: None

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

b. Appeal

1.      Robin Gal

c. Communications

1.      Carol Shen, FAIA

 

Action Calendar - Public Hearings

31.   ZAB Appeal: 2721 Shattuck Avenue - Nextel (No new information submitted after July 16, 2007) (PDF, 574 KB)

       Attachment 1 (PDF, 30 MB)

a. From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit #04-10000068 for a new wireless telecommunications facility (including six antennas and related equipment) for Nextel Communications at 2721 Shattuck Avenue.

Financial Implications: None

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

b. Appeal

1.      Corey Alvin (representative for Nextel Communications, applicant/appellant)

c. Communications (Received after July 16, 2007)

None

32.   ZAB Appeal: 2721 Shattuck Avenue – Verizon (No new information submitted after July 16, 2007)(PDF, 8 MB)

      Attachment 1 (PDF, 40 MB)

a. From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue.

Financial Implications: None

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

b. Appeal

1.      James Singleton (representative for Verizon Wireless, applicant/appellant)

c. Communications (Received after July 16, 2007)

1.      Mackenzie and Albritton, LLP

2.      Sharam Shahruz

3.      Raymond Barglow

 

Action Calendar - New Business

33.   Contract: Carpenter And Company, Downtown Hotel Consulting (PDF, 248 KB)

From: City Manager

Recommendation: Accept funds up to $50,000 from Carpenter and Company, the developers of the proposed Downtown Hotel and Conference Center at the Northeast Center and Shattuck, to be used to pay for project-related consultation services including financial feasibility analysis and review of possible mechanisms to provide tax abatement or other subsidies to render the project feasible; and to direct the City Manager to negotiate and execute a sole source contract with Keyser Marston and Associates (“Keyser Marston”) for consultation services (time and materials) to implement this work in an amount not to exceed $50,000.

Financial Implications: See report

Contact: Michael Caplan, Economic Development, 981-7530

34.  Discussion Regarding Possible Ballot Measures for the November 4, 2008 General Municipal Election (PDF, 250 KB)

      Revised Report (PDF, 250 KB)

From: City Manager

Recommendation: Provide direction to staff regarding the preparation of City initiated ballot measures to be submitted to the voters at the November 4, 2008 General Municipal Election.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

 

Information Reports

35.   Update: NetFile Online Campaign Report Filing and Tracking (PDF, 236 KB)

From: City Manager

Contact: Pamyla Means, City Clerk, 981-6900

36.  Animal Shelter Reconstruction: 2013 Second Street (PDF, 247 KB)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

 

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 18, 2007

 

Pamyla Means, MMC, City Clerk

 

Communications – 10/23/07 (PDF, 9 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 9: Memorandum Of Understanding:  Berkeley Fire Fighters Association/I.A.F.F. Local 1227

1.      Sharon Hudson

Item 30: Developing a City Preferred Alternative for Bus Rapid Transit

2.      Alan Tobey

3.      Benjamin Grant

Pubic Commons

4.      Marianne Robinson

5.      Barbara Gilbert

Berkeley Pools

6.      Bill Hamilton, Barbara Steuart and Stephen Swanson, on behalf of Pools for Berkeley

Albany Bulb

7.      Barbara Gilbert

Public Comment Procedure

8.      Jane Welford, Jim Fisher and Gene Bernardi, on behalf of SuperBOLD

Old City Hall

9.      Carrie Sprague, Lynne Davis and J. Michael Edwards, on behalf of the McGee-Spaulding-Hardy Historic Interest Group