Regular Meeting eAgenda
September 23, 2008

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.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, September 23, 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

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, 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.   Lease Amendment: 1013 Pardee Street No. 105 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,059–N.S. to amend Contract No. 7472, approved by Ordinance No. 7,001–N.S., to extend the current lease for one year and to increase expenditure authority for warehouse property lease at 1013 Pardee Street No. 105, for the period covering October 1, 2008 to September 30, 2009 to an amount not to exceed $166,800.00.
Financial Implications: See report.
First Reading Vote: All ayes
Contact: Debra Pryor, Fire, 981-3473

2.   Acceptance of the Chalik Offer of Dedication of a Conservation Easement (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,060–N.S. authorizing the City Manager to accept the Chalik Offer of Dedication dated 12/10/07 over a portion of Lower Codornices Creek Restoration and Site Improvement Project.
Financial Implications: None
First Reading Vote:  All ayes
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

3.   Establishment of Sustainable Energy Financing District and Introduction of Ordinance Levying Special Taxes (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,061–N.S, ordering the Levy of Special Taxes on parcels will that annex to the District, at rates to be approved by unanimous approval of the owners of said parcels and for apportionment and collection of the special taxes in the manner specified in the resolution forming the District.
Financial Implications: See report.
First Reading Vote: All ayes
Contact: Christine Daniel Deputy City Manager, 981-7000

4.   Amendments to Street Events Ordinance, BMC Chapter 13.44 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,062–N.S.amending provisions of the Street Events Ordinance (BMC Chapter 13.44) that regulate permits for street events.
Financial Implications: None
First Reading Vote: All ayes
Contact: Zach Cowan, Acting City Attorney, 981-6950

5.   Response to Grand Jury Recommendations (PDF)
From:  City Manager
Recommendation: Approve attached response to Grand Jury and schedule a work session on either March 10, or March 24th, 2009, to respond to the Grand Jury recommendations.
Financial Implications: See report
Contact: Zach Cowan, Acting City Attorney, 981-6950

6.   Revised December 2008 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution 63,559-N.S. to revise the City Council regular meeting schedule for December 2008 by rescheduling the December 2 meeting to Monday, December 8, 2008. 
Financial Implications: None
Contact: Deanna Despain, Acting City Clerk, 981-6900

7.   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: Refuse Collection Disposal - $200,000
Contact: Robert Hicks, Finance, 981-7300

8.   Donation of Fire Equipment (PDF)
From: City Manager 
Recommendation: Adopt a Resolution to Donate Surplus Fire equipment.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

9.   Contract No. 6841 Amendment: Prescription Psychiatric Medications (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6841 with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $135,959 for a total contract amount not to exceed $756,959.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

10.  Contract: Memorandum of Understanding between the City of Berkeley and the City and County of San Francisco Department of Emergency Management for the Distribution of FY 2007 UASI Regional Funds (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City and County of San Francisco Department of Emergency Management for the receipt of FY 2007 UASI Regional Funds in an amount not to exceed $256,661 to purchase one bomb disposal robot, reimburse Urban Shield expenses and approved training and backfill expenses.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

Council Consent Items

11.  League of California Cities Annual Conference - Attendance for Councilmember Moore (PDF)
From: Mayor Bates
Recommendation: Request the City Manager allocate funds not to exceed $725.00 for the round trip plane fare and conference registration fees for the City Council’s voting delegate, Council member Darryl Moore, to attend the League of California Cities Conference on September 24-27, 2008.
Financial Implications: General Fund - $750
Contact: Tom Bates, Mayor, 981-7100

12.  Support of Measure WW - the East Bay Regional Park District Extension of Regional Open Space, Wildlife, Shoreline, and Parks Bond (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution in support Measure WW - the East Bay Regional Park District’s Extension of Regional Open Space, Wildlife, Shoreline, and Parks Bond which is on the November 2008 ballot.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

13.  Official City Sponsorship of the Ready to Learn Fun Fair (PDF)
From: Councilmember Moore
Recommendation: Approve City sponsorship of the Ready to Learn Fun Fair
Financial Implications: None
Contact: Contact: Darryl Moore, Councilmember, District 2, 981-7120

14.  Support Berkeley PAL Boosters 24th Annual Turkey Ride (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution to approve the expenditure of funds relinquished to the general fund from Councilmembers’ Council Office Budgets discretionary funds (D-13) to support the Berkeley PAL Boosters 24th Annual Turkey Ride.
Financial Implications: None. Funds going to the event will come from Council Discretionary Funds.
Contact: Linda Maio, Councilmember, District 1, 981-7110

15.  Amending Section 23F.04.010 of the Berkeley Municipal Code relating to Religious Assembly Uses and Section 6.16.020 Regulating Cemeteries (PDF)
From: Councilmember Capitelli
 
Recommendation: Refer to the Planning Commission the attached revisions to the BMC and the zoning code that would allow the incidental inclusion of a columbarium within a "Religious Assembly Use."  Request that the Planning Commission review the proposal and respond to the City Council within 90 days.
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 – 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.

16.  Fees and Policies: Parks and Recreation Programs and Facilities (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions:

  1. Approving new fees for camps, effective October 1, 2008, and rescinding Resolution No. 63,778–N.S. and all amendatory resolutions;
  2. Approving policies and procedures for parks and recreation programs and facilities; and rescinding Resolution No. 64,004–N.S. and all amendatory resolutions.

Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action Calendar – New Business

17.  Recommendations for Condominium Conversion Ordinance Affordable Housing Mitigation Fee Policy
a.  From: City Manager (PDF) 
Recommendation: Discuss the City Manager's proposed revisions to the Condominium Conversion Ordinance (Berkeley Municipal Code [BMC] Chapter 21.28, et seq.) concerning affordable housing mitigation fee policy and provide direction to the City Manager on preparing final revisions for Council action.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

b.  From: Rent Stabilization Board (PDF) 
Recommendation: Approve the general approach to revisions in the Condominium Conversion Ordinance recommended by the City Manager and also request staff to prepare ordinance amendments for the alternatives recommended by the Rent Stabilization Board and return to Council with proposed amendments and alternatives.
Financial Implications: See report
Contact: Jay Kelekian, Rent Stabilization Board, 981-7368

18.  Contracts: Sustainable Energy Financing District: Bond Purchase and Services (PDF)
From: City Manager
Recommendation: Authorize the City Manager to execute a bond purchase contract and a services contract for the administration of the Sustainable Energy Financing District.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000

19.  Wood Smoke Nuisance Ordinance
a.  From: City Manager (PDF) 
Recommendation: The City Manager notes that the Community Environmental Advisory Commission (CEAC) recommendations provide the opportunity for neighbors to litigate against one another based on allegations of wood smoke related nuisance. Staff has prepared additional information for your consideration. Staff is concerned that this ordinance may result in more conflict between neighbors, notwithstanding the provisions for neighbors to negotiate with each other.
Financial Implications: Minimal
Contact: Dan Marks, Planning and Development, 981-7400

b.  From: Community Environmental Advisory Commission (PDF) 
Recommendation: Adopt first reading of an Ordinance 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
Contact Nabil Al-Hadithy, Commission Secretary, 981-7400

20.  Building and Sewer Permit Fee Deferrals (PDF)
From: City Manager
Recommendation: Provide direction on whether to revise the fee deferral process and for staff to return with such an item.
Financial Implications: Unknown at this time. 
Contact: Dan Marks, Planning and Development, 981-7400

Information Reports

21.  Unrepresented Temporary Employees (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

22.  Zoning Code Amendment Update: Wireless Telecommunication Facilities (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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.

 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.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.

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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 September 18, 2008. 

 Deanna Despain, Acting City Clerk

Communications (PDF)

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 17: Recommendations for Condominium Conversion Ordinance Affordable Housing Mitigation Fee Policy
1.  Matthew O’Brien
2.  David Wilson, on behalf of Housing Opportunities for Everyone (HOPE)
3.  Jay Kelekian, Rent Stabilization Board (A CD is also available for viewing in the City Clerk’s Office)

Item 22: Zoning Code Amendment Update:  Wireless Telecommunication Facilities
4.  Frances Strassman (3)
5.  Simone Gaddini

Aquatic Park Improvement Plan (APIP)
6.  Elizabeth Murdock, Golden Gate Audubon Society

Noise Pollution
7.  Melissa Sanders

Private Party on Emerson Street
8.  Paulette Faison