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Regular Meeting Agenda
June 10, 2008

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 10, 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. Amendment to the Berkeley Fire Code, BMC Section 19.48.020 (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,039–N.S. amending the Berkeley Fire Code, BMC Section 19.48.020.

First Reading Vote: All Ayes

Financial Implications: See report.

Contact: Debra Pryor, Fire, 981-3473

2. Adoption of New California Building Code Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,040–N.S. repealing and reenacting Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure, of the Berkeley Building Code, BMC Section 19.28.050.

Fist Reading Vote: All Ayes

Financial Implications: See report.

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

3. Minutes for Approval (PDF)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of April 10, 2008 (special closed), April 14, 2008 (special closed), and April 22, 2008 (special and regular).

Financial Implications: None

Contact: Deanna Despain, Deputy City Clerk, 981-6900

4. Calling for a Consolidated General Municipal Election for November 4, 2008 (PDF)

 From: City Manager

 Recommendation: Adopt a Resolution:

  1. Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 4, 2008;
  2. Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election;
  3. Authorizing certain procedural and contractual actions.

Financial Implications: See report. 

Contact: Deanna Despain, Deputy City Clerk, 981-6900

5. Assessment: North Shattuck Business Improvement District (PDF)

From: City Manager

Recommendation: Adopt a Resolution:

  1. Approving the FY 2008 Annual Report of the North Shattuck Business Improvement District (BID);
  2. Declaring Council's intention to levy an annual assessment for the North Shattuck BID for FY 2009, and
  3. Scheduling a public hearing for July 22, 2008 to consider levying a renewed assessment for FY 2009.

Financial Implications: See report.

Contact: Michael Caplan, Economic Development, 981-7530

6. Formal Bid Solicitation and Request for Proposal Scheduled 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: Sanitary Sewer Operation - $350,000 

Contact: Robert Hicks, Finance, 981-7300

7. Notice of Appropriations Limit for Fiscal Year 2009 (PDF) 

From: City Manager

Recommendation: Adopt a Resolution providing notice that:

  1. Council will adopt an appropriations limit for Fiscal Year 2009 at its meeting of June 24, 2008;
  2. The amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 9, 2008.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

8. Berkeley Food and Housing Project Contract Increase for Quarter Meal Program (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase Berkeley Food and Housing Project’s (BFHP) contract, No. 7282A, by $15,000 to restore funds to the Quarter Meal for a total contract amount not to exceed $786,523. These additional City funds will bring the total amount allocated to the Quarter Meal Program for fiscal year 2008 to $46,588.

Financial Implications: See report.

Contact: Jane Micallef, Housing, 981-5400

9. Final Map of Tract 7806: 1912-1916 Seventh Street (PDF)

From: City Manager 

Recommendation: Adopt a Resolution approving the final map of Tract Map 7806, a seven (7) unit residential condominium located at 1912-1916 Seventh Street.

Financial Implications: None

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

10. Final Payment on Contract No. 6803: Granite Construction - West Street Improvement Project (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing a contract amendment for payment of $65,000 above the original contract amount of $755,000 to Granite Construction Company (Contract No. 6803) for the construction and completion of the West Street Improvement Project.

Financial Implications: Capital Improvement Fund - $65,000

Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

11. Facilitating Cooperative Home Ownership Units (PDF)

From: Councilmember Maio

Recommendation: Refer the following proposal for facilitating limited equity cooperative home ownership units to the staff and the Housing Advisory Commission for their recommendation. 

Financial Implications: None

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

12. City of Berkeley’s Co-Sponsorship of the 10th Annual “Run for Peace” (PDF) 

From: Councilmember Maio, Wozniak and Capitelli

Recommendation: Adopt a Resolution to:

  1. Co-Sponsor the 10th Annual “Run for Peace” organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Sunday, September 21, 2008 and
  2. Contribute $1,500 toward the organization of the 10th annual “Run for Peace” event and to help cover event fees.

Financial Implications: $1500 

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

13. Budget Referral: Options' Recovery Services (PDF)

From: Councilmembers Moore, Olds Worthington and Wozniak

Recommendation: Refer $100,000 to the FY 2008/2009 Mid-Biennial budget process in order for Options' Recovery Services to continue operating at current service levels.

Financial Implications: $100,000 

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

14. Commend The People Of Burma (PDF)

From: Councilmember Spring

Recommendation: Approve the recommendation regarding Burma (Myanmar) from the Peace and Justice Commission:

  1. For the Council of the City of Berkeley to commend the people of Burma (now also known as Myanmar) for forty-six years of struggle against a brutal dictatorship, and to honor the 20th Anniversary of the 1988 popular uprising in Burma by declaring August 8, 2008 as Burma Day.
  2. For the Council of the City of Berkeley to direct the City Manager to fly the Burmese flag annually on August 8 until a genuine democratic government has been established in Burma.  (This flag will be furnished by the Burmese American Democracy Alliance.)  By these actions, the Council of the City of Berkeley will help promote the 8/8/88 commemorations held by the Burmese American Democratic Alliance, the Buddhist Peace Fellowship, and other allies.
  3. For the Council of the City of Berkeley to direct the City Clerk to send this document to Representative Barbara Lee thanking her for urging the President not to attend the opening ceremony of the 2008 Olympic Games, and for co-sponsoring the Defend the Olympic Spirit Act which restricts funding to prevent any U.S official from attending the Olympic Opening Ceremonies in China - with clear exceptions for the security of any U.S. athlete or their associated support staff. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  4. For the Council of the City of Berkeley to direct the City Clerk to send this document to Senator Barbara Boxer thanking her for strongly supporting the Burmese people, including authoring the unanimously adopted Resolution encouraging the Association of Southeast Asian Nations (ASEAN) to take action to ensure a peaceful transition to democracy in Burma, and requesting that she introduce a Senate version of the House's Defend the Olympic Spirit Act which would mention Burma as well as Tibet and Darfur. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  5. For the Council of the City of Berkeley to direct the City Clerk to send this document to Senator Dianne Feinstein thanking her for strongly supporting the Burmese people, including introducing the bill to award the Congressional Gold Medal to Aung San Suu Kyi, urging the Chinese government to increase pressure on the Burmese military junta, and supporting trade sanctions; and requesting that she introduce a Senate version of the House's Defend the Olympic Spirit Act which would mention Burma as well as Tibet and Darfur. Furthermore, the City of Berkeley urges her to do whatever she can to get aid delivered to Burma, with or without the junta's permission, using any means possible except military invasion or force.
  6. For the Council of the City of Berkeley to direct the City Clerk to send this document to President George W. Bush urging him not to attend the opening ceremony of the 2008 Olympic Games in protest of China's refusal to meet its promises to the international community to cease human rights abuses in Burma, Tibet, Darfur and inside China, and also in protest if China continues rebuffing the May 7 United Nations Security Council proposal to deliver aid. The City of Berkeley requests that aid be provided with or without permission from Burma’s military, and that China and Russia be persuaded to vote for that on the United Nations Security Council.
  7. For the Council of the City of Berkeley to direct the City Clerk to send this document to the President of the Beijing Olympic Organizing Committee, Liu Qi.
  8. For the Council of the City of Berkeley to direct the City Clerk to send this document to the United Nations High Commissioner for Human Rights, the Honorable Louise Arbour, and to the Under-Secretary General of the United Nations for Political Affairs, the Honorable Ibrahim Gambari.
  9. For the Council of the City of Berkeley to direct the City Clerk to send this document to the Olympic TOP Partners (sponsors): Coca-Cola, McDonald's, General Electric, Johnson & Johnson, Kodak, Visa, Lenovo, Panasonic, Samsung, Manulife Financial, Atos Origin, and Omega, communicating the City of Berkeley's opposition to human rights violations by the government of the People's Republic of China and the City of Berkeley's opposition to the political cover that these companies give the Chinese government through their sponsorship of the Olympics in China.

Financial Implications: Unknown

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

15. Support for the "Honoring Our Nation's Obligations to Returning Warriors Act" (HONOR Warriors Act), (PDF)

From: Councilmember Capitelli

Recommendation: That the City Manager, on behalf of the City Council, send a letter to Senator Diane Feinstein and the Senate Committee on Veterans Affairs requesting their support of SB.3008, the HONOR Act.

Financial Implications: None

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

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

16.    Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election

a. From: City Manager (PDF)

Recommendation: Provide comments to the City Attorney on the text, title, and City Attorney's analysis for the following possible ballot measures for the November 2008 ballot: 1) Fire and Disaster Preparedness Tax; 2) Library Seismic Safety Bond; and 3) Pools Bond.

Financial Implications: Unknown

Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. From: Parks and Recreation Commission (PDF)

Recommendation: The Parks Recreation and Waterfront Commission recommends that Council:

  1. 2        Support a bond measure that improves storm drains on the condition that storm drain improvements include bio-filters and bio-swales to slow the flow of water, absorb the excess water, and catch leaf litter, and allocate adequate annual maintenance funds.

Financial Implications: See report.

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

c. From: Youth Commission (PDF)

Recommendation: The Youth Commission recommends that Council support the Youth Success and Violence Prevention Bond Measure for the November 2008 ballot.

Financial Implications: See report.

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

17. Six-Month Citywide Moratorium on Cell Phone Antennas (Continued from May 20, 2008) (PDF)

a. From: Councilmembers Anderson, Spring and Worthington

Recommendation: Establish a six-month citywide moratorium on the issuance of all cell phone antenna permits until inadequacies in the current ordinance are addressed pursuant to the Precautionary Principle.

Financial Implications: Unknown

Contact: Max Anderson, Councilmember, District 3, 981-7130

b. From: City Manager

Recommendation: Consider whether to direct staff to prepare a moratorium pursuant to applicable law.

Financial Implications: Unknown

Contact: Zach Cowan, City Attorney, 981-6950

Action Calendar – Appeals

18. ZAB Appeal: 2130 Center Street (PDF)

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000146 to allow the establishment of a 13,974 square foot full-service restaurant with daily operating hours of 6 a.m. to 1 a.m., sidewalk café seating, alcoholic beverage service of beer, wine, and distilled spirits, and live entertainment within an existing building (former Act 1 & 2 Theater).

Financial Implications: None

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

19. ZAB Appeal: 3025 College Avenue (PDF)

a.  From: City Manager

Recommendation: Adopt a Resolution affirming the ZAB decision to approve an Administrative Use Permit to allow the construction of a 1,176 sq. ft. addition to an existing one-story, single-family house by raising the existing building approximately 10'6" (thereby increasing the average height of the building from approximately 16' to approximately 26'6'') and to move the house 1" to the south and 8" to the east thereby making the building conforming to the required setbacks.

Financial Implications: None

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

b.  Communications

  1.       Edith Yu

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

20. Berkeley-Albany YMCA Bond Financing Approval (PDF)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the issuance of variable rate demand revenue bonds on behalf of Berkeley-Albany YMCA and taking certain other actions in connection with the issuance of the Series 2008 Bonds.

Financial Implications: None.

Contact: Robert Hicks, Finance, 981-7300

21. FY 2009 Biennial Budget Update - Public Hearing #2 (PDF)

From: City Manager

Recommendation: Discuss and direct staff on the FY 2009 Mid-biennial budget update.

Contact: Phil Kamlarz, City Manager,981-7000

Action Calendar – New Business

22. Adoption of Panoramic Hill Urgency Ordinance (PDF)

From: City Manager

Recommendation: Adopt as an urgency ordinance a moratorium on the issuance of certain permits and the processing of zoning approvals in the Environmental Safety Residential (ES-R) zoning district on Panoramic Hill.

Financial Implications: $15,000-$20,000

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

Information Reports

23. City Auditor Surprise Cash Count Audit of Animal Services for July 12, 2007 (PDF) 

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

24. Quarterly Report on Employee Safety and Workers' Compensation (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

25. Unrepresented Temporary Employees (PDF)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

26. LPC NOD: 2323 Shattuck Avenue (PDF)

From: City Manager

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

27. Fee Waiver/Deferral: Biofuel Oasis, 1441 Ashby Avenue (PDF)

From: City Manager

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

28. Zoning Fee Waiver: Ed Roberts Campus, 3075 Adeline (PDF)

From: City Manager

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

29. Quarterly Report: Crime in Berkeley (PDF)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

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.

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 June 5, 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.

Item 17: Six-Month Citywide Moratorium on Cell Phone Antennas

1.      Barbara Gilbert

Item 21: FY 2009 Biennial Budget Update

2.      Susie Medak

The Berkeley Tobacco Shop

3.      Robin Wright (2)

Berkeley Top Municipal Earners

4.      Barbara Gilbert

Signage at Haste & Milvia

5.      Christopher Chambers-Ju

Tankless Water Heaters

6.      Barbara Gilbert

Late Council Materials

7.      Barbara Gilbert (2)

8.      Doug Buckwald

9.      Victoria Peirotes

Roundabouts

10. Nasira Abdul-Aleem

Safety & Farmers’ Markets

11. David Lerman

Notice of Application

12. PG&E

Construction Noise

13. Sharon Adams

Lien Appeal

14. Constance Noel

Earthquake Safety

15. Barbara Gilbert

Berkeley Crime

16. Barbara Gilbert

 

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