Regular Meeting eAgenda
November 14
, 2006

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Printer-friendly PDF* agenda: (74 KB)

 

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

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, november 14, 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

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

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
 

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.      City Auditor's Duties and Authority (PDF, 69 KB) (First reading – October 24, 2006 – Unanimous)

From: City Auditor

Recommendation: Adopt second 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

2.      Specified Standards for Care of Dogs Kept Outdoors (PDF, 75 KB) (First reading – October 24, 2006 – Unanimous)

From: Citizens Humane Commission

Recommendation: Adopt second 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

3.      2007 Commission Meeting Schedule (PDF, 146 KB)

From: City Manager

Recommendation: Adopt a Resolution approving a commission meeting schedule for calendar year 2007.

Financial Implications: None

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

4.      Minutes for Approval (PDF, 248 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of October 3, 2006 (joint City Council / Police Review Commission special closed), October 10, 2006 (joint City Council/Police Review Commission special closed), October 10, 2006 (regular), October 16, 2006 (special) and October 24, 2006 (regular).

Financial Implications: None

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

5.      Appointment of City Clerk (PDF, 77 KB)

From: City Manager

Recommendation: Adopt a Resolution confirming the appointment of Pamyla C. Means as City Clerk effective December 4, 2006.

Financial Implications: See report

Contact:  Phil Kamlarz, City Manager, 981-7000

6.      Downtown Berkeley Business Improvement District (PDF, 519 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 2007 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2007; and directing the City Clerk to schedule a public hearing for December 5, 2006, to consider levying a renewed assessment for the year 2007.

Financial Implications: See report

Contact: Michael Caplan, Economic Development, 981-7000

7.      Solano Avenue Business Improvement District (PDF, 310 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 2006 Annual Report of the Solano Avenue Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Solano Avenue BID for calendar year 2007; and directing the City Clerk to schedule a public hearing for December 5, 2006, to consider levying a renewed assessment for the year 2007.

Financial Implications: See report

Contact: Michael Caplan, Economic Development, 981-7000

8.      Contract: Community Relationship Management Software (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lagan Technologies Inc. to provide comprehensive Community Relationship Management (CRM) software and support for the period of December 1, 2006 through November 30, 2009, for an amount not to exceed $430,000.

Financial Implications: General Fund - $430,000

Contact: Robert Hicks, Finance, 981-7300

9.      Formal Bid Solicitations and Request for Proposals (PDF, 43 KB)

From: City Manager

Recommendation: Approve the attached request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department.

Financial Implications: Various Funds - $2,377,750

Contact: Robert Hicks, Finance, 981-7300

10.  Classification: Environmental Compliance Specialist (PDF, 124 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,805-N.S., Classification and Salary Resolution  for Service Employees International Union (SEIU) Local 535, to establish the classification of Environmental Compliance Specialist effective  December 1, 2006.

Financial Implications: See report

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

11.  Contract: Dependent Care Assistance Plan Third Party Administrator (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with HealthComp Inc. in an amount not exceed $5,000 to provide administrative services for the City of Berkeley's Dependent Care Assistance Plan for January 1, 2006, through December 31, 2007.

Financial Implications: Payroll Deduction Trust Fund - $5,000

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

12.  Fee Assessment - State of California Self-Insurance Fund (PDF, 26 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2007 fees assessed for administering the Workers' Compensation Program, in an amount not to exceed $125,000.

Financial Implications: Workers' Compensation Self-Insurance Fund - $125,000

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

13.  Contract: Plan Checking Services (PDF, 34 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contracts with Linhart Peterson Powers Associates (LP2A) and Telesis Engineers for plan checking services, increasing each contract by $60,000 for a total amount not to exceed $420,000 for LP2A and $300,000 for Telesis and extending the term from January 1, 2007 to March 1, 2007.

Financial Implications: See report

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

14.  Dorothy Bolte Park Safety and Accessibility Improvements (PDF, 18 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids and direct staff to re-scope and re-bid Dorothy Bolte Park Safety and Accessibility Improvements Project.

Financial Implications: None

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

15.  Contract: Security Services for Marina (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract amendment with Securitas Security Services USA, Inc. (Securitas) to add security guard services for the Marina; 2) increasing the contract amount by $72,000 for a total contract amount not to exceed $242,375, for the period from September 1, 2006 to June 30, 2007; and 3) approving the option to extend the contract for two additional one-year periods, with the costs adjusted in accordance with the Consumer Price Index (CPI), not to exceed 3%.

Financial Implications: Marina Fund - $72,000

Contact: Claudette Ford, Public Works, 981-6300

16.  Grant: Seismic Work at Corp Yard (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the State Office of Emergency Services in the amount of $2,887,734 and authorize 25% City matching funds of $962,633, to reconstruct the seismically unsafe Facilities Maintenance Building at the Corporation Yard.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

17.  Small-Scale Electric Vehicle Dealerships (PDF, 291 KB)

From: Mayor Bates and Councilmember Spring

Recommendation: Direct the Planning Commission to amend the CSA zoning on South Shattuck Avenue to permit small-scale electric vehicle dealerships.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

18.  Installation of Surveillance Cameras (PDF, 21 KB)

From: Councilmember Maio

Recommendation: Direct the City Manager to investigate installing several surveillance cameras in those City parking areas that are out of sight and where there are frequent car thefts and break-ins, to determine if this is an effective approach.

Financial Implications: To be determined

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

19.  Centennial Celebration of San Pablo Park (PDF, 30 KB)

From: Councilmember Moore

Recommendation: Approve City sponsorship of the San Pablo Park Centennial Celebration.

Financial Implications: None

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

20.  Water Meter for the Community Orchard (PDF, 225 KB)

From: Councilmember Moore

Recommendation: Refer to the budget process a request for $8,000 to be used to purchase a water meter for the Berkeley Community Orchard.

Financial Implications: General Fund - $8,000

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

21.  Save the Oaks at UC Stadium (PDF, 12 KB)

From: Councilmembers Spring and Olds

Recommendation:  Adopt a Resolution supporting the protection of the oak woodland located just west of UC Memorial Stadium and opposing the plans of the University of California to cut down ay of the trees in the grove.

Financial Implications: None

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

22.  Housing Advisory Commission Representation on the Joint Density Bonus Subcommittee (PDF, 23 KB)

From: Housing Advisory Commission

Recommendation: Adopt a Resolution appointing Steve Wollmer of the Housing Advisory Commission (HAC) to the Joint Density Bonus Subcommittee.

Financial Implications: None

Contact: Oscar Sung, Secretary, Housing Advisory Commission, 981-5400

23.  Appointment to the Mental Health Commission (PDF, 27 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Luvenia Jones to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning November 15, 2006 and ending November 14, 2009.

Financial Implications: None

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

Action Calendar – Public Hearings

24.  Amendments to Creeks Ordinance

a.      From: City Manager (PDF, 4 MB)

Recommendation: Conduct a public hearing and, upon conclusion, approve the Negative Declaration and adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 17.08, Preservation and Restoration of Natural Watercourses, with one of the following options for BMC Section 17.08.050D, which regulates development of a vacant lot within 30 feet of an open creek centerline or expansion of an existing structure within the first 25 feet of the centerline. Alternative 1 – requires a variance and Alternative 2 requires a use permit.

Financial Implications: See report

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

b.      From: Planning Commission (PDF, 1 MB)

Recommendation: Support adopting amendments to the Creeks Ordinance with Alternative 2, requiring a use permit, with amended wording regarding definitions and rebuilding, and with concerns regarding the cost of the culvert requirements on homeowners.

Financial Implications: None

Contact: Jordan Harrison, Secretary, Planning Commission, 981-7484

c.       Information Report from: Public Works Commission (PDF, 83 KB)

Contact: Jeffrey Egeberg, Secretary, Public Works Commission, 981-6400

25.  Amendments to Zoning Ordinance 

a.      From: City Manager (PDF, 58 KB)

Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) by adding Section 23C.04.100 regarding rebuilding after a disaster and amending Section 23B.44.010 regarding modifications to zoning regulations by use permit to comply with the creeks ordinance.

Financial Implications: See report

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

b.      From: Planning Commission (PDF, 1 MB)

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) by adding Section 23C.04.100 regarding rebuilding after a disaster, with the attached modification of language, and amending Section 23B.44.010 regarding modifications to zoning regulations by use permit to comply with the creeks ordinance.

Financial Implications: None

Contact: Jordan Harrison, Secretary, Planning Commission, 981-7484

 

The public hearing on amendments to the creeks ordinance and zoning ordinance will be conducted as one hearing.  Anyone wishing to speak to either or both matters need only complete one speaker card.

 

Action Calendar – Old Business

26.  2116 Allston Way, Gaia Building:  Implementation of Cultural Use Requirements (PDF, 55 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing performance standards for use of cultural space at the Gaia Building, terminating Zoning Adjustments Board proceedings, and establishing a reporting schedule.

Financial Implications: See report

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

 

Action Calendar – New Business

27.  Oxford Plaza and Brower Center (PDF, 421 KB)

From: City Manager

Recommendation: Provide direction to staff on a number of unresolved issues including Section 108 loan terms and potential cost overruns on the Oxford Plaza and Brower Center development project.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

28.  Loan for Allston House (PDF, 1 MB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution committing $789,546 from the Housing Trust Fund (HTF) as a permanent loan for Allston House, a 47-unit preservation project for very low and low-income families, accompanied by a commitment to loan City general funds to the HTF if necessary to make up any HTF shortfall in this amount in January 2008 when the permanent loan is needed.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400
 

Information Reports

29.  Status Report: Warm Water Pool at the Berkeley High School Tennis Court Site (PDF, 603 KB)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

30.  1310 Campus Drive Complaint (PDF, 17 KB)

From: City Manager

Contact: Claudette Ford, Public Works, 981-5400

31.  Phase Out of Tritium Signs (PDF, 72 KB)

From: City Manager

Contact: Claudette Ford, Public Works, 981-5400

 

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.

Item 7:  Solano Avenue Business Improvement District

1.      Susan Powning

2.      James W. Slaten

Item 24:  Amendments to Creeks Ordinance

3.      David Daniels

4.      L. Darlene Pratt

5.      David Rinaldo

6.      Nancy Ribak

7.      Janusz Bajsarowicz

8.      Charles and Carolyn Reese

9.      Dominique Philippine

10.  Dick Norgaard

11.  Peter Klatt

12.  Robert and Elizabeth Burrell

13.  Michael Eisenberg (2)

14.  Virginia Tibbals

15.  Eric Wasserman

16.  Patricia Boyar

17.  Evan R. Meyer

18.  Robert B. Reich

19.  John H. Fingado

20.  Jenna Olsen

21.  Carol and Garret G. Thunen

22.  Tom Kelly

23.  Alan Gould

24.  Fran Block

Item 26:  2116 Allston Way, Gaia Building:  Implementation of Cultural Use Requirements

25.  Anna de Leon

Item 30:  1310 Campus Drive Complaint

26.  Rozalina Gutman

Development of the 700 Block of University Avenue

27.  Livable Berkeley, submitted by Mike Friedrich, Chair of the Board of Directors

Vote NO on Prop 87

28.  Charlie Peters

Sea Scouts

29.  Kelly Rummler

Lack of Transparency & Public Participation in Library Director Selection Procedures

30.  Jane Welford, SuperBOLD Executive Secretary

Discrepancies in California Student Test Results

31.  Barbara Gilbert

Aquatic Park Coastal Conservancy Grant

32.  Citizens for East Shore Parks, submitted by Mark Liolios

Public Hearing Regarding the Future of the PRC

33.  Petition with 84 signatures, Police Review Commission, submitted by Victoria Urbi

Trader Joes

34.  May Kandarian

Milo on Solano Avenue

35.  Barbara Gilbert

Strawberry Creek Plaza

36.  William E. Woodcock

Crime Information

37.  Barbara Gilbert

Landmarks Preservation Ordinance

38.  Daniella Thompson

Measure H:  Impeachment of President Bush and Vice President Cheney

39.  Dbkbrokers@*****.com

Disabled Access

40.  Jane Lundin

Sustainable Berkeley

41.  L. Darlene Pratt

Cell Phone Risks

42.  Mike Vandeman

 

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.