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Regular Meeting Annotated Agenda
March 11,
 2008

Printer-friendly PDF* annotated 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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ANNOTATED 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

Preliminary Matters

Roll Call:  7:01 p.m.  Absent – Bates.

Ceremonial Matters: 

  1. American Red Cross Month – presented to Wayne Deboe, East Bay Chapter

City Manager Comments:  None

Public Comment on Non-Agenda Matters:  4

Public Comment on Consent Calendar and Information Items Only:  2

Consent Calendar

Action: M/S/C (Worthington/Anderson) to adopt Consent Calendar in one motion except as indicated: Item No. 19 amended and moved to Consent Calendar

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

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 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

Action: Adopted second reading of Ordinance No. 7,020–N.S.  Absent – Bates.

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

From: City Manager

Recommendation: Adopt second reading of an Ordinance No. 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

Action: Adopted second reading of Ordinance No. 7,021–N.S. Absent – Bates.

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

Action:  Approved minutes as submitted.

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

Action:  Approved recommendation.

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

Action:  Adopted first reading of Ordinance No. 7,022–N.S.  Absent – Bates.  Second reading scheduled for March 25,2008.

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

Action:  Adopted Resolution No. 63,989–N.S. Absent – Bates.

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

Action:  Adopted Resolution No. 63,990–N.S.  Absent – Bates.

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

Action:  Adopted Resolution No. 63,991–N.S.  Absent – Bates.

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

Action:  Adopted Resolution No. 63,992–N.S.  Absent – Bates.

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

Action:  Adopted first reading of Ordinance No. 7,023 –N.S.  Absent – Bates.  Second reading scheduled for March 25, 2008.

11. ZAB Appeal: 161 Panoramic Way (PDF)

From: City Manager

Recommendation: Continue public hearing to March 25, 2008

Financial Implications: None

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

Action:  Approved recommendation.

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

Action:  Adopted first reading of Ordinance No. 7,024–N.S.  Absent – Bates.  Second reading scheduled for March 25, 2008.

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

Action:  Adopted Resolution No. 63,993–N.S.  Absent – Bates.

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

Action:  Adopted Resolution No. 63,994–N.S.  Absent – Bates.

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

Action:  Approved recommendation.

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

From: Councilmember Worthington

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

Financial Implications: None

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

Action:  Adopted Resolution No. 63,995–N.S. as amended.  Absent – Bates.

Action Calendar – Old Business

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

From: City Manager

Recommendation: 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

Action: M/S/C (Capitelli/Anerdson) to adopt Resolution No. 63,996–N.S. as amended to include a reduction in the retroactive billing amount by $12,000.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak; Noes – Worthington; Absent –Bates.

Public Comment – 3

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

Action: M/S/C (Maio/Capitelli) to adopt Resolution No. 63,997–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak; Noes – None; Absent –Bates.

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: Moved to Consent Calendar.  M/S/C (                  /                         ) to approve Councilmembers Worthington and Anderson’s recommendation to send a letter, as amended, 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.  Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak; Noes – None; Absent – Bates.

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

Action: M/S/C (Worthington/Wozniak) to approve the Peace and Justice Commission’s recommendation, as amended, to oppose the use of Blackwater and other private mercenary contractors by the United States in Iraq 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.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Worthington, Wozniak; Noes – None; Abstain – Capitelli, Olds; Absent – Bates.

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

Action: M/S/C (Worthington/Wozniak) to approve  substitute motion by Councilmember Worthington to have up to four councilmembers meet with interested parties to gather more information, and continue the item to the March 25, 2008meeting.  Also, refer the scheduling of a workshop regarding Haiti to the Agenda Committee.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak; Noes – None; Absent –Bates.

Public Comment – 5

Councilmember Worthington noted absent at 8:39 p.m.

Recess 8:40 p.m. – 8:47.p.m.

Councilmember Worthington noted present at 8:58 p.m.

Information Reports

22. Unrepresented Temporary Employee (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800]

Action:  Received and filed.

23. LPC NOD: 2500 Durant Avenue (PDF)

From: City Manager

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

Action:  Received and filed.

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

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action:  Moved to Action Calendar for discussion.

25. Potential Reduction In Biodiesel Fuel Percentage (PDF)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action:  Moved to Action Calendar for discussion.

Public Comment – Including Items Not Listed on the Agenda – 4

Adjournment – 9:23 p.m.

Communications – 03/11/08 (PDF)

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

Supplemental Communications and Reports 1 (PDF) 

Item 10: Zoning Ordinance Amendments Addressing Alcohol Sales
4.      Lori Lott, on behalf of BAPAC

Item 17: Fee Reduction And Retroactive Billing:  Houseboats
5.      Jane Ann Fontenot
6.      Helen & Paul Canin

Supplemental Communications and Reports 2 (PDF)

Item 17: Fee Reduction And Retroactive Billing:  Houseboats
7.       Armando Tobriner

Item: 21: Supporting the People of Haiti
8.       Unknown

Item 24: Pedestrian Safety and Public Review Draft of the Pedestrian Master Plan
9.       Stephen Wollmer
10.     Bonnie Yamaoko

Item 25: Potential Reduction In Biodiesel Fuel Percentage
11.     Unknown

Recent Protests
12.     Stephanie Tang

Human Rights Torch Relay
13.     Michelle Mi

Warm Water Pool Ballot Measures
14.     Janet Weiss

 

 

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