City Clerk
City Clerk

Regular Meeting eAgenda
February 10
, 2009

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.CityofBerkeley.info/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.CityofBerkeley.info/BMC

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 10, 2009

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 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, Acting 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.   P&A Construction v. City of Berkeley (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the Mutual Waiver and Release of the Alameda County Superior Court Action No. RG 08391156 entitled P&A Construction v. City of Berkeley and related cross-actions.
Financial Implications: See report
Contact: Zach Cowan, City Attorney's Office, 981-6950

2.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of January 27, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

3.   Donation: Raymond Family Foundation to the Animal Care Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation from the Raymond Family Foundation to the Animal Shelter in the sum of $5,000.
Financial Implications: Animal Shelter Donation Fund - $5,000 (Donation)
Contact: Phil Kamlarz, City Manager's Office, 981-7000

4.   Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting the Annual Investment Report, accepting the change to the investment policies and renewing the delegation of authority to make investments to the Director of Finance.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

5.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
For informational purposes, approve the request for proposals (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Traffic Congestion Relief Fund - $750,000
Contact: Robert Hicks, Finance, 981-7300

6.   Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF)
From: City Manger
Recommendation:
1) Adopt first reading of an Ordinance to amend Berkeley's Condominium Conversion Ordinance (CCO; BMC Chapter 21.28, et seq.) affordable housing mitigation fee policies.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

7.   Classification: Manager, Housing Finance and Administration (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,250–N.S., (Classification and Salary Resolution for Public Employees Union Local 1), to revise and re-title the Manager of Program Planning and Administration classification to Manager, Housing Finance and Administration, effective February 22, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

8.   Contract: Ratcliff Architects for Phase II Architectural and Engineering Services for the Facilities Maintenance Building (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Ratcliff Architects to provide Phase II architectural and engineering services for the seismic retrofit of the Facilities Maintenance Building at the Corporation Yard in an amount not to exceed $668,000 for all services and reimbursable expenses for the period February 20, 2009 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

9.   Support Biotech Partners' 15th Anniversary Celebration in the Amount of $175 (PDF)
From: Councilmember Moore
Recommendation:
Adopt a Resolution to approve the expenditure of up to $175 to support Biotech Partners' 15th Anniversary Celebration, with funds relinquished to the City's general fund for this purpose from Council member Moore's discretionary Council Office Budget.
Financial Implications: No General Fund impact; $175 is available from Councilmember Moore's Office Budget discretionary account.
Contact: Darryl Moore, Councilmember, District 2, 981-7120

10.  Support For National Freedom To Marry Week From February 8-14th (PDF)
From: Councilmembers Moore and Worthington
Recommendation:
Adopt a Resolution supporting the National Freedom to Marry Week from February 8- 14th.
Financial Implications: None.
Contact: Darryl Moore, Councilmember, District 2, 981-7120; Kriss Worthington, Councilmember, District 7, 981-7170

11.  Letter Supporting the Release of Efren Paredes, Jr. (PDF)
From: Councilmember Arreguin
Recommendation:
Send the attached letter to Michigan Governor Jennifer Granholm in support of the immediate release of Efren Paredes, Jr., condemning his sentence, juvenile life in prison without parole, as a human rights violation in contravention of various treaties.
Financial Implications: None.
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140  

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 – 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.

12.  ZAB Appeal: 2516 Ellsworth (PDF)
From: City Manager
Recommendation:
Conduct a public hearing, and upon conclusion, approve the project as approved by the Zoning Adjustments Board.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

b.     Communications
1.      George Beir
2.      Bob Viener

13.  Single Space Parking Meter Expansion Program (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code Section 14.52.010 (Ordinance No. 3,262-N.S.) to add parking meters as follows:

·        Adeline Street, both sides from Stuart Street to Ashby Avenue;
·        Camelia Street, both sides from Ninth Street to Tenth Street;
·        Gilman Street, both sides from San Pablo Avenue to Second Street;
·        Ninth Street, east side from Gilman Street to Camelia Street;
·        Ninth Street, west side from 100 feet south of Gilman Street to Gilman Street;
·        Page Street, north side from San Pablo Avenue to Tenth Street;
·        San Pablo Avenue, both sides from Delaware Street to Hearst Avenue;
·        San Pablo Avenue, east side from Bancroft Way to Russell Street;
·        San Pablo Avenue, west side from Bancroft Way to Ashby Avenue;
·        Shattuck Avenue, east side from Stuart Street to Oregon Street;
·        Shattuck Avenue, east side from Russell Street to Ashby Avenue;
·        Shattuck Avenue, west side from Ward Street to Ashby Avenue;
·        Tenth Street, both sides from Gilman Street to Camelia Street.
·         Stuart Street included in public hearing notice but not recommended

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

14.  ZAB Appeal: 1540 Shattuck Avenue (continued from January 27, 2009) (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 03-10000048 for a new wireless telecommunications facility (with ten antennas and related equipment) for Verizon Wireless Communications at 1540 Shattuck Avenue, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business

15.   Modify Major Encroachment Permit for 161 Panoramic Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 64,133–N.S. to modify the existing encroachment permit to allow construction of the proposed pullout within the public right-of-way on the south side of Panoramic Way starting at the approved driveway location for 161 Panoramic Way and extending west for a distance of 50 feet as shown in Attachment 1.
Financial Implications: None at this time
Contact: Claudette Ford, Public Works, 981-6300

16.  City Auditor's Budget Discussion (PDF)
       Presentation (PDF)
From: City Auditor
Recommendation:
Discuss the City Auditor's proposals regarding budgets for Fiscal Years 2010, 2011, and future years.  Upon conclusion, request additional information and future Council reports or audits as Council may deem appropriate.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Information Reports

17.  Investment Report: Quarter Ended December 31, 2008 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

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.CityofBerkeley.info/video 
and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.CityofBerkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/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@CityofBerkeley.info

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 February 5, 2009. 

Deanna Despain, Acting 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 13: Single Space Parking Meter Expansion Program
1.      Helen Goldsmith and Paul Heller
2.      Rick Davis
3.      Cate Leger
4.      Martin Schoell
5.      Marin Fischer

Eviction
6.      Diana Sewell
7.      Douglas Hambleton, Berkeley Police

Homelessness on Telegraph
8.      Nick

Child Hit on Ashby/Ellis
9.      Rachel Knudson

July 4th Fireworks at the Marina
10.    Lisa Bullwinkel

Free Community Workshops for Low-Income Tenants
11.    East Bay Community Law Center


 

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