City Clerk
City Clerk

 

Regular Meeting eAgenda
March 11, 2008

Printer-friendly PDF* agenda 

 

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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 11, 2008

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 Deanna Despain, Deputy City Clerk, 981-6900

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 Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1. Lease Agreement with Berkeley Waterski Club for Property in Aquatic Park (PDF)

From: City Manager 

Recommendation: Adopt second reading of Ordinance 7,020–N.S. authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Waterski Club, Inc. to use City property at 2821 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

First Reading Vote: All Ayes

Financial Implications: See report

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

2. Lease Agreement: Berkeley Rowing Club for Property in Aquatic Park (PDF)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 7,021–N.S. authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Rowing Club, Inc. to use City property at 2851 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

First Reading Vote: All Ayes

Financial Implications: See report

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

3. Minutes for Approval (PDF) 

From: City Manager

Recommendation: Approve the minutes for the Council meetings of January 29, 2008 (special and regular), February 4, 2008 (special) and February 12, 2008 (special and regular).

Financial Implications: None

Contact: Deanna Despain, City Clerk, 981-6900

4. Formal Bid Solicitations and Request for Proposals For Possible Issuance in the Next 30 Days (PDF)

From: City Manager

Recommendation: Approve the attached 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: $4,149,000

Contact: Robert Hicks, Finance, 981-7300

5.  Berkeley Municipal Code Chapter 2.20 - City Departments General Provisions (PDF)

From: City Manager

Recommendation: Adopt first reading of an Ordinance to repeal Berkeley Municipal Code (BMC) Chapter 2.20 - City Departments and General Provisions.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

6.  Classification: Human Resources Technician (PDF)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,812–N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Human Resources Technician and increase the salary range to $4,529 - $5,559 effective March 23, 2008.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

7.  Police Officer Recruit Salary Adjustment (PDF)

From: City Manager

Recommendation: Rescind Resolution No. 61,352–N.S. and adopt a Resolution amending Resolution No 61,812–N.S., (Classification and Salary Resolution for Unrepresented Employees), to approve cost of living adjustments for the Police Officer Recruit classification.

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

8.  Agreement: Certified Unified Program Agency - Aboveground Petroleum Storage Tank Act (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the Certified Unified Program Agency (CUPA) Manager to enter into Agreement with the California Environmental Protection Agency to implement a sixth CUPA program, the Aboveground Petroleum Storage Tank Act (APSTA) and accept a grant for $44,463.82 available from the California Environmental Protection to set up the program within the Toxics Management Division.

Financial Implications: See report

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

9.  Final Tract Map: 1821-1831 Highland Place (PDF)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7886, a six (6) unit residential condominium located at 1821-1831 Highland Place.

Financial Implications: None

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

10. Zoning Ordinance Amendments Addressing Alcohol Sales (PDF)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Zoning Ordinance sections 23C.04.030 and 23E.16.040 and adding Chapter 23B.68 to allow: (1)Abandonment of lawful non-conforming off-sale alcohol beverage sales uses after 90 days of closure; (2)Private right of action against nuisances; and (3)Greater flexibility for the Zoning Adjustments Board when issuing a  use permit for a new alcohol  sales use when there has been only one prior violation or complaint.

Financial Implications: See report

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

11. ZAB Appeal: 161 Panoramic Way (PDF)

From: City Manager

Recommendation: Continue public hearing to March 25.

Financial Implications: None

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

12. Lease Agreement: 1947 Center Street, Int'l Computer Science Inst (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to

  1. Execute a lease agreement with International Computer Science Institute (ICSI) for $4,970,268 for a term of five years from April 1, 2008 to March 31, 2013, and two additional lease options of five years each, and
  2. Adjust the rent to reflect the negotiated rate during the holdover period.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

13. Contract No. 7442A Amendment: Lincoln & Associates for Recruitment for Transportation Manager (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7442A with Lincoln & Associates for recruitment of a Transportation Manager, adding to the scope of services and increasing the not to exceed amount by $1,000 to a total $53,500.

Financial Implications: Off-Street Parking Fund - $1,000

Contact: Claudette Ford, Public Works, 981-6300

14. Purchase Order: Leader Industries for Three Ambulance (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Leader Industries in an amount not to exceed $721,323 for the purchase of three ambulances for the Fire Department.

Financial Implications: Equipment Replacement Fund - $721,323:

Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

15.  Develop an Efficient Graywater Permit Process (PDF)

From: Councilmember Maio

Recommendation: Refer to the City Manager to consider developing guidance material and a streamlined process for residents and businesses interested in installing a graywater system, in particular, and green technologies, in general.

Financial Implications: None

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

16.  Opposing Governor Schwarzenegger’s Proposed 2008-09 Budget (PDF)

From: Councilmember Worthington

Recommendation: Adopt a resolution opposing Governor Arnold Schwarzenegger’s proposed 2008-09 budget.

Financial Implications: None

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

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Old Business

17.  Fee Reduction And Retroactive Billing: Houseboats (Held over from February 26, 2008) (PDF) 

From: City Manager

Adopt a Resolution reducing all fees owed by Houseboat owners in the Berkeley Marina during the construction period of the new H & I docks (March thru September 2007) by forty percent (40%) and to retroactively bill for the balance (sixty percent - 60%) via an 18 month interest free payment plan.

Financial Implications: Marina Fund - $35,646 in revenue

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

18. License Agreement: 90 Bolivar Drive in Aquatic Park to San Francisco Institute of Architecture (Held over from February 26, 2008) (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with San Francisco Institute of Architecture (SFIA) for City property located at 90 Bolivar Drive in Aquatic Park for nine months for an amount of $100.

Financial Implications: $100 in revenue.

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

19.  Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters (Held over from February 26, 2008) (PDF) 

From: Councilmembers Worthington and Anderson

Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

Financial Implications: See report

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

Action Calendar – New Business

20. Opposing the Use of Blackwater and Other Private Mercenary Contractors (PDF)

From: Peace and Justice Commission

Recommendation: Oppose the use of Blackwater and other private mercenary contractors by the United States in Iraq or anywhere else and call on the United States to stop all such mercenary employment; call on the United States to rescind Order 17, and investigate and prosecute all human rights violations perpetrated by the aforementioned mercenaries; and convey by letter to the Planning Commission, Mayor and City Council of Potrero, CA solidarity for their actions opposing Blackwater being permitted  to establish training facilities in their community.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5100

21. Supporting the People of Haiti (PDF)

From: Peace and Justice Commission

Recommendation: 1) Call on all authorities in Haiti, the United Nations Mission to Haiti, and the United States, Canada, France and Brazil, who call themselves the friends of Haiti, to work for rapid implementation of the following: a) release of all political prisoners, b) guarantee freedom of speech and assembly, c) bring about the safe return of Human Rights Activist Lovinsky Pierre-Antoine, d) compensate victims of United Nations raids in Cite Soleil and elsewhere as well as victims of rapes and sexual exploitation by United Nations troops, and e) withdraw all foreign occupying forces including the United Nations and United States forces; 2) call on members of the Bay Area Congressional Delegation to co-sponsor H.Res.241, specifically the Speaker of the House.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5100

Information Reports

22. Unrepresented Temporary Employee (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

23. LPC NOD: 2500 Durant Avenue (PDF)

From: City Manager

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

24. Pedestrian Safety and Public Review Draft of the Pedestrian Master Plan (PDF)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

25. Potential Reduction In Biodiesel Fuel Percentage (PDF)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Public Comment – Including 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 March 6, 2008. 

 Deanna Despain, Deputy City Clerk

Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Underground Policy for Rule 20A Monies

1.      Pamela Doolan (2)

Animal Shelter Volunteer Coordinator

2.      Carol Whitehurst

Workers’ Comp Appeal Board Hearing

3.      Ragni Larsen-Orta

Marine Recruiting Office/Code Pink

Voluminous correspondence on file and available for viewing in the City Clerk’s Office


 

 

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