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Regular Meeting Annotated Agenda
October 7, 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: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 7, 2008

7:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

 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 – vacant

District 8 – Gordon Wozniak

 

Preliminary Matters

Roll Call:  7:00 p.m.  Moore absent.  Anderson and Olds present at 7:03 p.m.

Ceremonial Matters: 

  1. October 18, 2008 is Mestre Acordeon Day in Berkeley
  2. Recognizing Bananas for excellent service to parents and families

City Manager Comments: 

  1. October 18, 2008 is All Storm Day – Hosted by the Public Works Department
  2. Update on State Budget Impacts

Public Comment on Non-Agenda Matters:  0


Public Comment on Consent Calendar and Information Items Only: 7

Consent Calendar

Action: M/S/C (Worthington/Maio) to adopt Consent Calendar in one motion except as indicated:

1. Wood Smoke Nuisance Ordinance (PDF)
From: Community Environmental Advisory Commission
Recommendation: Adopt second reading of Ordinance No. 7,063–N.S. adding Chapter 15.16 to the Berkeley Municipal Code to define standards and a process for establishing a nuisance condition for wood smoke for the immediate and confronting neighbors of an indoor wood burning device.
Financial Implications: See report.
First Reading Vote:  Ayes – Maio, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Abstain – Moore.
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
Action:  Adopted second reading of Ordinance No. 7,063–N.S.  Absent – Moore.

2. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for council meetings of September 9, 2008 (special closed); September 16, 2008 (regular); September 23, 2008 (special worksession), and September 23, 2008 (regular).
Financial Implications: None
Contact: Deanna Despain, Acting City Clerk, 981-6900
Action:  Approved minutes as submitted. 

3. Donation: The Detrixhe Family to the Animal Shelter (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $5,000 from the Detrixhe Family in memory of Karen Detrixhe.
Financial Implications: Revenue - $5,000
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 64,208–N.S.  Absent – Moore.

4. Contract: Berkeley Alliance (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance (The 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 $61,800 for the period July 1, 2008 to June 30, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 64,209–N.S.  Absent – Moore.

5. Shelter Plus Care Grant Application (PDF) 
From: City Manager
Recommendation: Adopt a Resolution ratifying the City Manager's action to authorize submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for a new five-year Shelter Plus Care grant in the amount of $815,880 to provide rental subsidies for chronically homeless seniors in Berkeley, and to execute any resultant agreements.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,210–N.S.  Absent – Moore.

6.   Unrepresented Employees:
a. Cost of Living Adjustments and Benefit Changes (PDF)
From: City Manager
Recommendation: Adopt two Resolutions 1)  approving cost of living adjustments for the Unrepresented Employees in Units Z-2, Z-3, Z-4, Z-6 and X-1 except daily rated Camp Classifications for the period September 7, 2008 through June 23, 2012 and rescinding Resolution No. 61,812–N.S. Classification and Salary Resolution; and 2)  approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777–N.S. to provide a longevity pay differential of 3% at 25 years of service to be effective June 28, 2009, to improve the Retiree Health Premium Assistance Plan to be effective June 29, 2008 and to modify the Vacation Leave language to eliminate the liquidation of Vacation Leave during employment.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,175–N.S. and Resolution No. 64,176–N.S.  Absent – Moore.

b.Cost of Living Adjustments and Benefit Changes (PDF) 
From: City Manager
Recommendation: Adopt two Resolutions: 1) approving cost of living adjustments for the Unrepresented Employees in Representation Unit Z-1, for the period June 29, 2008 through June 23, 2012 and rescinding Resolution No. 61,812–N.S. Classification and Salary Resolution; and 2) approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777–N.S. to provide a longevity pay differential of 3% at 25 years of service to be effective June 29, 2008, to improve the Retiree Health Premium Assistance Plan to be effective June 29, 2008, improve the dental plan by increasing annual coverage limit to $3,000 and the lifetime orthodontic benefit to $3,000.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,211–N.S. and Resolution No. 64,212–N.S.  Absent – Moore.

7. Final Map of Tract 7755: 1552-56 Milvia Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7755, a five (5) unit residential condominium located at 1552-56 Milvia Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,213–N.S.  Absent – Moore.

8. Contract: RMC Water and Environment for Sewer System Hydraulic Modeling and Capacity Assessment (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or change orders with RMC Water and Environment in an amount not to exceed $445,000, to provide consultant services for hydraulic modeling and capacity assessment of the City's sewer collection system for a three-year period, from October 1, 2008 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,214–N.S.  Absent – Moore.

9. Contract No. 7086B Amendment: East Bay Conservation Corps for Storm Drain Leaf and Debris Removal (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7086B with East Bay Conservation Corps (also known as Civicorps Schools) increasing the amount by $30,000 for a total amount not to exceed $180,000, and extending the term to October 18, 2006 to June 30, 2009.
Financial Implications: Clean Storm Water Fund - $30,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,215–N.S.  Absent – Moore.

10. Contract No. 7198A Amendment: SCS Field Services for Berkeley Landfill Maintenance and Monitoring Service (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment with SCS Field Services (Contract No. 7198A) for additional Berkeley Landfill monitoring services required by the California Integrated Waste Management Board (CIWMB), the Regional Water Quality Control Board (RWQCB), and the Bay Area Air Quality Management District (BAAQMD), increasing the contract by $186,826 for a revised amount not to exceed $681,826, for the period to April 1, 2007 to March 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,216–N.S.  Absent – Moore.

11. Contract No. 7185B Amendment: Design, Community and Environment for Design Services for New Animal Shelter (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7185B with Design, Community & Environment (DC&E) to provide schematic design level landscape and civil engineer services for the new Animal Shelter at 1 Bolivar Drive, increasing the contract amount by $50,306 for a total not to exceed $218,327, and extending the term to February 15, 2007 to June 30, 2009.
Financial Implications: Measure I Funds - $50,306
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,217–N.S.  Absent – Moore.

12. Use of District 4 FY 2009 Council Office Budget (PDF) 
From: City Manager
Recommendation: Approve a transfer of $9,500 from former Councilmember Dona Spring’s FY 2009 Council Office Budget to the City Manager’s Office budget to fund an hourly staff person who will provide services to residents of District 4 and who will continue to work for the City through December 2008.
Financial Implications: $9,500 transfer (no additional expense)
Contact: Dave Hodgkins, Human Resources, 981-6805;Tracy Vesely, Budget Manager, 981-7024
Action:  Approved recommendation.

13. FY 2010 & FY 2011 Biennial Budget Schedule (PDF)
From: City Manager
Recommendation:  Approve the FY 2010 & FY 2011 Biennial Budget development calendar.
Financial Implications: See report
Contact: Tracy Vesely, Finance 981-7024
Action:  Approved recommendation.
 
Action Calendar – Appeals
 
ZAB Appeal: 1209 Glen Avenue Attachment 5 (administrative record) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution affirming the Zoning Adjustment Board's decision to approve Administrative Use Permit No. 07-20000122 to construct a 707 sq. ft., third story addition thereby increasing the maximum height of the building to 31'9''.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

a.     Communications
1.      Daniel Smith-Rowsey
2.      Ken Lieberman
3.      Nelson and Deirdre Sproul
4.      Jack Steller
5.      Kathleen Bloom

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,218–N.S.  Absent – Moore.

ZAB Appeal: 1995-1999 El Dorado Ave. Attachment 6 part 2 (administrative record) (PDF) 
From: City Manager
Recommendation: Set the matter for public hearing to consider adopting amended findings, based upon the appeals of Use Permit No. 08-10000055, to establish 4,234 square feet of office use in a renovated multi-tenant commercial building and to vertically expand an approximately 17.75-foot tall building to 26.5 feet within a non-conforming front yard setback.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to set the matter for public hearing to consider adopting amended findings, based upon the appeals of Use Permit No. 08-10000055, to establish 4,234 square feet of office use in a renovated multi-tenant commercial building and to vertically expand an approximately 17.75-foot tall building to 26.5 feet within a non-conforming front yard setback.


Action Calendar – Old Business

16. Support of the "California Voters FIRST" Act (Cont’d. from September 16, 2008) (PDF) 
From: Councilmember Capitelli
Recommendation: Support the California Voters FIRST act on the November 2008 Ballot.
Financial Implications:  None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Withdrawn from the agenda by Councilmember Capitelli.

Olds absent at 7:44 p.m.

Action Calendar – New Business

17. Borrowing of Funds and the Sale and Issuance of FY 2009 Tax and Revenue Anticipation Notes (PDF) 
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2009 Tax and Revenue Anticipation Notes.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action: M/S/C (Wozniak/Maio) to adopt Resolution No. 64,219–N.S.  Vote: Ayes – Maio, Anderson, Capitelli, Worthington, Wozniak, Mayor Bates; Absent – Moore, Olds.


Information Reports

18. City of Albany Resolution Regarding Appointments to the Berkeley Mental Health Commission (PDF)
From: City Manager
Contact: Deanna Despain, Acting City Clerk, 981-6900
Action:  Moved to Action Calendar for discussion by Councilmember Maio.  Held over, date to be determined.
 
19. 1331 Seventh Street, Berkeley-Review of Planning Commission Approval of Tentative Tract Map No. 7963 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

20. 2831 Seventh Street, Berkeley - Review of Planning Commission Approval of Tentative Tract Map No. 7814 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

21. LPC-NOD: 2232-34 Haste Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0


Adjourned at 7:52 p.m. in memory of Luther Secrease and Anna Mae Rogers


Communications (PDF)

Violence in Berkeley
1.      Laura Menard
2.      Robin Wright

Elder Abuse
3.      Helen Wheeler

Pedestrian Safety
4.      Jeff Wizig

Public Funds for Underground Wiring
5.      Pamela Doolan

Measure LL
6.      Kent Lewandowski, on behalf of the Sierra Club Northern Alameda County Group

Streetlights & Climate Action
7.      Alan Gould – Referred to City Manager by Councilmember Worthington.

Supplemental Communications and Reports 1 (PDF)

Item 1: Wood Smoke Nuisance Ordinance
8.      Elmer Grossman

Item 15: ZAB Appeal: 1995-1999 El Dorado Avenue
9.      Allen Wagner
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