Regular Meeting Annotated Agenda
September 23, 2008

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Note: 

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ANNOTATED 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


 

Preliminary Matters

Roll Call:  7:07 p.m.  All present.

Ceremonial Matters:

  1. Jazz Idiom
  2. United Nations International Day of Peace – September 21, 2008

City Manager Comments:

  1.  Art Dedication – Amtrak Station, Saturday, September 27 at 11:30 a.m.
  2. Update on state budget.

Public Comment on Non-Agenda Matters:  5 

Public Comment on Consent Calendar and Information Items Only: 5

Consent Calendar

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

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.
Financial Implications: See report.
First Reading Vote: All ayes
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted second reading of Ordinance No. 7,059–N.S.

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
Action: Adopted second reading of Ordinance No. 7,060–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,061–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,062–N.S.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,199–N.S.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,200–N.S.

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
Action:  Adopted Resolution No. 64,201–N.S.

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
Action:  Adopted Resolution No. 64,202–N.S.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,203–N.S.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,204–N.S.

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:  Approved recommendation.

Action Calendar – Public Hearing

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
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Capitelli/Moore) to close the public hearing.
Action: M/S/C (Wozniak /Moore) to adopt Resolution No. 64,205–N.S. and Resolution No. 64,206–N.S.  Vote: All Ayes.

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

Action: M/S/C (Capitelli/Wozniak) to accept the City Manager's proposed revisions to the Condominium Conversion Ordinance concerning affordable housing mitigation fee policy as amended to include:
Recommendation 3:  Return to council with an 8% percent fee rate, due on sale, provided owners agree to limit annual rent increases on their units to 65 percent of the Bay Area Consumer Price Index.  Staff to provide an annual report to Council with an opportunity to reset the fee.
Recommendation 5: Apply a 4 % percent mitigation fee cap to all duplex units whose owners agree to limit annual rent increases on their units to 65 percent of the Bay Area Consumer Price Index 
Recommendation 7: No reduction in the mitigation fee cap with half of the fee committed to down payment assistance for first-time home buyers. Staff to return to council with options.

 Recess 8:34 p.m. – 8:44 p.m.

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, Acting City Manager, 981-7000
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,207–N.S. approving the City Manager’s recommendation to authorize the City Manager to execute a bond purchase contract and a services contract for the administration of the Sustainable Energy Financing District

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

Action:  M/S/C (Worthington/Maio) to approve the Community Environmental Advisory Commission’s recommendation to adopt first reading of Ordinance No. 7,063–N.S.  Vote:  Ayes – Maio, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Abstain – Moore.  Second reading scheduled for October 7, 2008.

Councilmember Olds absent  at 10:19 p.m.

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
Action: No action taken.

Information Reports

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

22. Zoning Code Amendment Update: Wireless Telecommunication Facilities (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 10:32 p.m.

Communications (PDF)

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 – Referred to City Manager by Councilmembers Maio, Moore, Olds and Worthington.

Noise Pollution
7. Melissa Sanders

Private Party on Emerson Street
8.  Paulette Faison

Supplemental Communications and Reports 1 (PDF)

Item 11: League of California Cities Annual Conference - Attendance for Councilmember Moore
9. Robert Lauriston

Item 17: Recommendations for Condominium Conversion Ordinance Affordable Housing Mitigation Fee Policy
10. Michael St. John

Supplemental Communications and Reports 2 (PDF)

Item 17: Recommendations for Condominium Conversion Ordinance Affordable Housing Mitigation Fee Policy

  • Presentation, submitted by Housing Department (see agenda item)

11. Unknown

Item 18: Contracts: Sustainable Energy Financing District: Bond Purchase and Services

  • Revised materials, submitted by City Manager (see agenda item)

Item 22: Zoning Code Amendment Update:  Wireless Telecommunication Facilities
12. Unknown