Regular Meeting eAgenda
October 24
, 2006

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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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, october 24, 2006

7:00 P.m.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sherry M. Kelly, City Clerk, 981-6900.
 

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

Council Action:  The City Council may take action related to any subject listed on the Agenda.
 

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Affordable Housing Mitigation Fee (PDF, 77 KB) (First reading October 10, 2006.  Absent – Maio)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.065.B. to establish a sliding scale reduction in the maximum affordable housing mitigation fee for conversion of rental property to condominiums by owner-occupants.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

2.      Major Residential Additions (PDF, 52 KB) (First reading October 10, 2006. Absent – Maio)

From: Councilmember Worthington

Recommendation:  Adopt second reading of an Ordinance amending Ordinance No. 6,949-N.S. to exempt certain residential additions.

Financial Implications: None.

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

3.      Minutes for Approval (PDF, 102 KB) 

From: City Manager

Recommendation: Approve minutes of the following meetings:  a) September 18, 2006 (closed); b) September 19, 2006 (regular); c) September 26, 2006 (closed); d) September 26, 2006 (regular).

Financial Implications: None

 Contact: Sherry M. Kelly, City Clerk, 981-6900

4.      Contract: Meter and Pre-sort Services for Outgoing Mail (PDF, 32 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Quick Sort Mailing Services for metering and pre-sort service for outgoing mail from November 1, 2006 through June 30, 2009, for a total amount not to exceed $400,000.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

5.      Contract: Uniform Rental and Laundry Services (PDF, 32 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Aramark Uniform Services to provide rental and laundering of uniforms, walk-off mats, towels, and miscellaneous items for various departments, as needed from July 1, 2006 through June 30, 2008, in an amount not to exceed $150,000 per year.

 Financial Implications: Various Funds - $150,000

Contact: Robert Hicks, Finance, 981-7300

6.      Formal Bid Solicitations and Request for Proposals (PDF, 120 KB) 

From: City Manager

Recommendation: Approve the request for proposals (RFP) that will be issued upon final approval by the requesting department.

Financial Implications: Various Funds - $245,000

Contact: Robert Hicks, Finance, 981-7300

7.      National Incident Management System (PDF, 27 KB) 

From: City Manager

Recommendation: Adopt a Resolution approving the National Incident Management System (NIMS) as the City’s official all-hazards incident response system to prevent, prepare for, respond to, and recover from disasters, regardless of cause, size or complexity.

Financial Implications: None.

Contact: Debra Pryor, Fire Chief, 981-5500

8.      Contract:  Financial Advisory and Technical Services (PDF, 31 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with The National Development Council (NDC) for financial advisory and technical services to increase the contract amount by $21,000 for an amount not to exceed $45,500.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

9.      Contract:  Financial Consulting Services (PDF, 31 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Seifel Consulting, Inc. for financial consulting services to increase the contract amount by $50,000 for an amount not to exceed $140,000

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

10.  Contract:  Peer Review Construction Cost Services (PDF, 32 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Dabri, Inc. for financial peer review services to increase the contract amount by $26,700 for an amount not to exceed $40,800.

Financial Implications: See Report

Contact: Stephen Barton, Housing, 981-5400

11.  Contract:  Peer Review Waterproofing Services (PDF, 30 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McGinnis Chen Associates, Inc. for peer review services to increase the contract amount by $18,000 for an amount not to exceed $36,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

12.  Personnel Rules and Regulations Amendment (PDF, 72 KB) 

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,776-N.S, the Personnel Rules and Regulations, to add language in Section 9 (Method of Filling Vacancies) to establish an administrative procedure for internal promotion through a non-competitive personnel action for employees working in classification series that require professional licensure, certification or registration.

Financial Implications: None

Contact: David W. Hodgkins, Human Resources, 981-6800

13.  Grant Application:  Workforce Housing Reward Program (PDF, 32 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a $242,626 Workforce Housing Reward Program grant from the State of California, Department of Housing and Community Development; and to execute the resultant revenue agreement and any amendments for community improvements, including Francis Albrier Center.

Financial Implications: See report

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

14.  Contract:  Marina Dock H-I Replacement Project (PDF, 486 KB) (to be delivered)

From: City Manager

 Recommendation: Adopt a Resolution approving plans and specifications for the Berkeley Marina Dock H-I Replacement Project, Specifications No. 05-10011-C (rebid); accepting the bid of the lowest responsible bidder to be determined on completion of negotiations; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,569,366 for a period of 240 calendar days from the date of the execution of the contract.

Financial Implications: Various Funds - $3,569,366

Contact: Claudette Ford, Public Works, 981-6300

15.  Contract: On-Call Storm Drain Services (PDF, 30 KB) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with J. F. Pacific Liners, Inc., adding to the scope of services, increasing the amount from $24,500 to an amount not to exceed $50,000, and extending the term to December 31, 2007.

Financial Implications: Capital Improvement Fund - $25,100

Contact: Claudette Ford, Public Works, 981-6300

16.  Major Encroachment Permit for David Brower Center Solar Panels (PDF, 111 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to Equity Community Builders, L.L.C., to encroach upon the public right-of-way on the north side of Allston Way for the installation of solar panels for the David Brower Center, conditional to acceptance of design and approval by the City Engineer.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

17.  2006-2007 Volunteer Champions Campaign (PDF, 28 KB) 

From: Mayor Bates

Recommendation: Refer to the City Manager the development of an annual campaign that promotes and publicizes employee volunteerism in the community, especially volunteerism with Berkeley’s youth and families.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

18.  Opposition To New Homeland Security Rules Regarding “No Match” Letters (PDF, 358 KB) 

From: Mayor Bates and Councilmember Worthington

Recommendation: Adopt a Resolution opposing new Department of Homeland Security rules that would hold employers liable for violating immigration law if they continue to employ workers who receive “no-match” letters from the Social Security Administration.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100, Kriss Worthington, Councilmember District 7, 981-7170

19.  Funding for Ecology Center’s Environmental Summit (PDF, 27 KB)  (held over from October 10, 2006 by Mayor Bates)

From: Mayor Bates

Recommendation: Adopt a Resolution authorizing $500 from the Mayor’s discretionary budget to the Ecology Center to help fund their first annual Environmental Summit.

Financial Implications: Mayor’s Office Budget - $500

Contact: Tom Bates, Mayor, 981-7100

20.  Funding for Ecology Center (PDF, 192 KB)  (held over from October 10, 2006 by Mayor Bates)

From Councilmember Maio

Recommendation: Adopt a Resolution authorizing $2,000 in FY 2006 carryover funds from Councilmember Maio’s office budget to the Ecology Center for general operating expenses of Berkeley EcoHouse.

Financial Implications: Councilmember Maio’s Office Budget - $2000

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

21.  City Auditor's Duties and Authority (PDF, 31 KB) 

From: City Auditor

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 2.24 giving all auditor job classifications the authority to issue administrative citations for violations of City ordinances.

Financial Implications: See report

Contact: Ann-Marie Hogan, City Auditor, 981-6750

22.  Appointment to the Mental Health Commission (PDF, 31 KB) 

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Robin M. Williams to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning October 25, 2006 and ending October 24, 2009.

Financial Implications: None

Contact: Carol Patterson, Secretary, Mental Health Commission, 981-5217

23.  Regional Composting Facility (PDF, 27 KB) 

From: Zero Waste Commission

Recommendation: Support and participate in a proactive countywide process to identify appropriate in-county locations for future composting facilities.

Financial Implications: None

Contact: Tania Levy, Secretary, Zero Waste Commission, 981-6368

 

Action Calendar – Old Business

24.  1201 San Pablo Avenue / 1100 Harrison Street  (Public hearing closed on September 19, 2006. Re-opened on October 10, 2006 and October 16, 2006 and continued to this meeting.)

a.   Supplemental Reports from City Manager

1.      October 24, 2006 (to be delivered)

2.      October 16, 2006 (PDF, 61 KB)  | Attachment (PDF, 26 KB)

3.      July 18, 2006 (PDF, 543 KB)

Contact: Dan Marks, Planning and Development, 981-7400, Manuela Albuquerque, City Attorney, 981-6950

b.   From: City Manager (PDF, 3 MB)  (July 18, 2006)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 05-10000029 to construct a 30-unit, mixed-use project, and dismissing the appeal.

Financial Implications: None

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

c.   Appeal (July 18, 2006)

1.      Susan Pinto and Kain/Stannage Neighbors who also join in the appeal. (PDF, 965 KB)

d.   Communications (July 18, 2006)

1.      James E. Hart (PDF, 289 KB)

2.      1201 San Pablo Appellants (PDF, 4 MB)

e.      Communications (September 19, 2006)

1.      Stephen Wollmer (PDF, 829 KB)

f.        Supplemental Communications (September 19, 2006)

- Supplement 1 File (PDF, 6 MB)

1.      Jim Hart – Revised Proposal

2.      1201 San Pablo/1100 Harrison Appellants (2)

3.      Stephen Wollmer

4.      Scott, Kelli and Nathan Bodensteiner

- Supplement 2 File (PDF, 2 MB)

5.      Jim Hart – Drawing

6.      Mary Wyand

g.      Supplemental Communications (September 26, 2006)

- Supplement 1 File (PDF, 2 MB)

1.   Jim Hart – Revised Application

2.   Prakash Pinto

3.   Daniel W. Corvello

4.   Mary Wyand

5.   Beth Bernstein

6.   Jean Molesky

7.   Yvette Bozzini

8.   Uile Cuileannain

9.   Mary Wyand for Erika Lamm

10. Jim Hart

- Supplement 2 File (PDF, 719 KB)

11. Rena Rickles

12. Don Mill

13. Rempel Architects

h.      Communications (October 10, 2006)

1.   Jim Hart (PDF, 897 KB)

i.        Supplemental Communications (October 10, 2006)

- Supplement 1 File (PDF, 3 MB)

1. 1201 San Pablo / 1100 Harrison Appellants

2. Mary Wyand

3. Jim Hart

4. Steven Donaldson

5. Mary Wyand

- Supplement 2 File (PDF, 40 KB)

6. Rena Rickles

j.        Supplemental Communications (October 16, 2006)

1.   Jim Hart (Revised compromise plan) (PDF, 183 KB)

k.      Communications (PDF, 449 KB) (October 24, 2006)

1.   Barbara Gilbert

2.   Stephen Wollmer

 

Action Calendar – Appeals

25.  Zoning Adjustments Board Appeal: 1017 Miller Avenue

a.   From: City Manager  

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to adopt a Mitigated Negative Declaration for the proposed project at 1017 Miller Avenue, and approving the Use Permit #06-10000010 for the proposed single family residential structure with an accessory dwelling unit and two parking spaces and dismissing the appeal.

Financial Implications: None

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

b.   Appeal

1.      Leo and Ingrid Vallely (PDF, 90 KB) 

c.   Communications (PDF, 2 MB) 

1.      Ellen Rodin

2.      Karen and Mark Springer

3.      Michael Irwin and Charlene Stern

4.      Peter Hirschfeld

5.      Sarita Waite

6.      Ellen Rodin

7.      Joan Martin

8.      Gerd H. Ilg

 

Action Calendar – Public Hearing

26.  UC Memorial Stadium Landmark Designation California Memorial Stadium (PDF, 21 MB) 

From: City Manager

Recommendation: Open the public hearing on the Appeal of the Landmarks Preservation Commission Notice of Decision (NOD) for the University of California (UC) Memorial Stadium Landmark Designation, and upon conclusion, adopt a Resolution denying the Landmark Designation without prejudice, and send the landmark application back to the Landmarks Preservation Commission with specific direction to change the area of the site identified as within the "Boundary of Proposed Landmark Site", to make any text adjustments needed to reconcile the  text with the new boundaries,  and to consider changes to address the three text differences identified in Table 1. 

Fiscal Implications: None

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

 

Action Calendar – Old Business

27.  2116 Allston Way, Gaia Building:  Implementation of Cultural Use Requirements (PDF, 451 KB)  (held over from October 10, 2006 by Mayor Bates)

From: City Manager

Recommendation: Accept the June 13, 2006 letter from Panoramic Interests as the implementation plan to prioritize cultural uses at the Gaia Arts Center, terminate the Zoning Adjustments Board’s revocation proceedings, and direct staff to report on the schedule of events in one year.

Financial Implications: None

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

28.  Solar Panel Permit Fees (PDF, 12 KB) (held over from October 10, 2006 by Councilmember Spring)

From: Councilmember Spring

Recommendation: Adopt a policy waiving permit fees on solar panels as a local incentive to encourage solarization with funding for the waivers to come from utility users tax revenues.

Financial Implications: See report

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

 

Action Calendar – New Business

29.  Borrowing Funds and Sale and Issuance of FY 2007 Tax and Revenue Anticipated Notes (PDF, 29 KB) 

From: City Manager

Recommendation: Adopt a Resolution ratifying Council’s action on October 10, 2006 adopting Resolution No. 63,455-N.S. approving the borrowing of $25,000,000 and the sale and issuance of FY 2006-07 Tax and Revenue Anticipation Notes.

Financial Implications: General Fund - $25 Million

Contact:  Robert Hicks, Finance, 981-7300

30.  Specific Standards For Care of Dogs Kept Outdoors

a.   From: Citizens Humane Commission (PDF, 33 KB) 

Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep dogs outdoors.  

Financial Implications: None

Contact: Kate O'Connor, Secretary, Citizens Humane Commission, 981-6601

b.   From: City Manager (PDF, 36 KB) 

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) by adding Section 10.04.140, as proposed by the Citizens Humane Commission with minor revisions to Section 10.04.140(G).

Financial Implications: None

Contact:  Jim Hynes, Animal Services, 981-7000

Information Reports

31.  Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposals (PDF, 28 KB) 

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-6950

32.  Investment Report: Quarters Ended June 30, 2006 and September 30, 2006 (PDF, 3 MB) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

33.  Status Update of Oxford Plaza and David Brower Center  (to be delivered, PDF, KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

34.  Quarterly Report on Employee Safety and Workers' Compensation (PDF, 99 KB) 

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

35.  Unrepresented Temporary Employees (PDF, 28 KB) 

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

36.  Landmarks Preservation Committee Notice Of Decisions: 1) 1 Cyclotron (Landmark) 2) 3027 Adeline (Landmark) 3) 2811 Benvenue (Landmark) (PDF, 42 MB) 

From: City Manager

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

37.  Marin Avenue Traffic Study Report (PDF, 407 KB) 

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Communications (PDF, 4 KB) 

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.

Save the Oaks – UC Memorial Stadium

(Numerous email communications submitted in a substantially similar format are on file in the City Clerk Department.)

Berkeley City College

1.      Mark McLeod and Deborah Badhia (DBA)

Clean Air Performance

2.      Charlie Peters

Educational Standards

3.      Barbara Gilbert

New Light Senior Center

4.      Joy Holland

 

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.