Regular Meeting eAgenda
May
20, 2003

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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, May 20, 20037:00 p.m.

City Council Chambers, 2134 Martin Luther King Jr. Way
 

Preliminary Matters

Roll Call:

Comments from the City Manager:  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.

Comments from the Public:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

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 carried over to the next meeting unless the Council decides to take the matter up as a priority.

1.      Amendment: FY 2003 Annual Appropriations Ordinance (PDF, 1 MB) (First reading – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending the FY 2003 Annual Appropriations Ordinance No. 6693 for FY 2003 based upon recommended re-appropriation of unexpected FY 2002 funding and other adjustments authorized since July 1, 2002, in the amount of $18,020,174.

Contact: Weldon Rucker, City Manager, 981-7000

2.      Lease: 1767 Alcatraz Avenue (PDF, 699 KB) (First reading – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement with the option for a two-year extension with the South Berkeley Neighborhood Development Corporation (SBNDC) for real property located at 1767 Alcatraz Avenue in an amount not to exceed $27,855 for the period of July 1, 2003 to June 30, 2006 to provide office space for the Black Infant Health Program.

Contact: Fred Medrano, Health and Human Services, 981-5100

3.      Zoning for Municipal Animal Shelter (PDF, 213 KB) (First reading – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Sections 23E.72.030, 23E.76.030 and 23E.80.030 of the Berkeley Municipal Code (BMC) for the purpose of permitting a Municipal Animal Shelter in the Mixed Use-Light Industrial, Mixed Use-Manufacturing and Manufacturing zoning districts and adding a definition to Section 23F.04.010 for a Municipal Animal Shelter.

Contact: Carol Barrett, Planning, 981-7400

4.      Bancroft and Telegraph Food Cart Vendors (PDF, 339 KB) (First reading – Unanimous)
From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 9.49.055 relating to food vending on sidewalks.

Contact: Fran David, Finance, 981-7300

5.      Amendment to Creeks Ordinance (PDF, 447 KB) (First reading – Unanimous)
From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) section 17.08.050 to allow for the development of an addition to a single-family home within the 30 foot required setback where the home is located over a culverted creek through the issuance of a use permit if specified findings are made.

Contact: Manuela Alburquerque, City Attorney, 981-6950

6.      North Shattuck Business Improvement District (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving Fiscal Year 2004 Annual Report of the North Shattuck Business Improvement District (BID); 2) declaring Council’s intention to levy an annual assessment for the North Shattuck BID for Fiscal Year 2004; and 3) scheduling a public hearing for June 17, 2003, to consider levying a renewed assessment for Fiscal Year 2004.

Contact: Tom Myers, Economic Development, 981-7530

7.      Telegraph Property and Business Improvement District (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt Resolutions: 1) declaring intent to reestablish the Telegraph Property and Business Improvement District (TPBID) for a second five-year period (Fiscal Year 2004-2008), 2) setting a public hearing for July 15, 2003 on reestablishment of the District, and directing the City Clerk to conduct a mail ballot of property owners who are to pay the assessment; and 3) authorizing the City Manager to cast an assessment ballot in favor of the reestablishment of this District.

Contact: Tom Myers, Economic Development, 981-7530

8.      Grant: Federal Emergency Management Agency (FEMA) Assistance to Firefighters (PDF, 374 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $337,280 to fund program activities in Fire Operations and Firefighter Safety.

Contact: Reginald Garcia, Fire, 981-5500

9.      Community Choice Electricity Aggregation (PDF, 295 KB)

From: City Manager

Recommendation:  Adopt a Resolution stating the intent to investigate the feasibility of combining electrical loads in a community-wide buyers’ program.

Contact: Stephen Barton, Housing, 981-5400

10.  Grant: Measure B (PDF, 316 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the 12-month Measure B program plan to continue support and operation of the programs and services currently in place for the alternative transportation of residents with disabilities and senior residents; and 2) authorizing the City Manager to transmit the plan and 12-month claim in the amount of $147,920 to the Alameda County Transportation Improvement Authority (ACTIA) for Measure B non-mandated funds for use during Fiscal Year 2004, execute the four-year agreement with ACTIA, and deposit the grant revenue.

Contact: Stephen Barton, Housing, 981-5400

11.  Appeal: 1735 Cedar Street (PDF, 115 KB)

From: City Manager

Recommendation:  Accept the withdrawal of Administrative Use Permit # 02-20000011 for a 693 square-foot Major Residential Addition at 1735 Cedar Street.

Contact: Carol Barrett, Planning, 981-7400

12.  Promote the Recycling of Batteries (PDF, 481 KB) (CF 1-03)

From: City Manager

Recommendation:  1) Postpone adoption of a comprehensive Berkeley Battery Recycling Plan; 2) take all reasonable steps to encourage the use of rechargeable batteries and to recycle all batteries used by City employees; and 3) direct the City Manager to send a letter to large local retailers that sell household batteries, requesting that they recycle all batteries. 

Contact: Carol Barrett, Planning, 981-7400

13.  Purchase: Evidence Testing (PDF, 160 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing a purchase order by $7,000 for a total amount not to exceed $27,000 to Alameda County Criminalist Laboratory for evidence testing and analysis.

Contact: Roy Meisner, Police, 981-5900

14.  Contract: 1947 Center Street Tenant Improvements, Phase I (PDF, 197 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ProTech Consulting and Engineering for environmental consultant services for 1947 Center Street Tenant Improvements, Phase I, for the period of June 2003 to December 2003, for a total amount not to exceed $35,000.

Contact: Rene Cardinaux, Public Works, 981-6300

15.  Balanced Solution to the State Budget Crisis (PDF, 151 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution urging Governor Davis and the State Legislature to formulate a balanced solution to the State budget crisis.

Contact: Tom Bates, Mayor, 981-7100

16.  Support AB 1657: Restricting the Sale of Gelatin-Based Alcoholic Beverages "Zipper" Shots (PDF, 88 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution in support of AB 1657 (Chan), a bill that would prohibit the sale, offering for sale, or import into the state of any gelatin-based alcoholic beverage (Zippers) unless it is sold, offered for sale, or intended to be sold in a business establishment that prohibits the presence of persons under 21 years of age on its premises.

Contact: Tom Bates, Mayor, 981-7100

17.  Discussions Affecting Transit Service (PDF, 120 KB)

From: Councilmember Hawley

Recommendation:  Approve the Transportation Commission’s unanimous recommendation that the Council ask AC Transit not to enter into agreements with individuals or groups in Berkeley that affect transit service in the City prior to consideration by the Council, and expand the Commission recommendation to include consideration by staff and the Transportation Commission itself when appropriate.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

18.  Funding for 29th Annual Solano Stroll (PDF, 187 KB)

From: Councilmember Hawley

Recommendation:  Adopt a Resolution co-sponsoring the 2003 Solano Stroll to be held on Solano Avenue on Sunday, Septemeber 14, 2003, award a cash grant to the Stroll organizers of $10,000 and refer other related event expenses and fee waivers to the FY 2003/2004 budget process.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

19.  Complaints Regarding Treatment of Homeless (PDF, 1 MB)

From: Councilmember Spring

Recommendation: Refer to the City Manager complaints regarding treatment of the homeless for a report on their resolution.

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

20.  Support AB 1409: Bike Racks on Buses (PDF, 389 KB)

From: Councilmember Worthington

Recommendation:  Support AB 1409 (Wolk), which would delete the exception to the exclusion as to buses that exceed the 40-foot length limitation, excluding the device, or on any bus having a device on the rear of the bus for transporting bicycles.

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

21.  Support AB 1268: Smart Growth and Inclusionary Housing Program (PDF, 311 KB)

From: Councilmember Worthington

Recommendation:  Support AB 1268 (Wiggins), Smart Growth and Inclusionary Housing Program, that ensures no less than 20 percent of residential units are affordable to very low and low income households.

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

Action Calendar – Public Hearing on Non-Exclusive Rubbish Haulers

22.  Non-Exclusive Rubbish Collection and Transportation Franchises (PDF, 1 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion: 1) adopt first reading of Ordinances granting non-exclusive rubbish collection and transportation franchises to Bay View Refuse Services, Berkeley Sanitary Services, Biagini Waste Reduction Systems, Inc., U.S. Eagle, Inc. and Waste Management of Alameda County, Inc.; and 2) direct the City Manager to negotiate franchise agreements with each of the companies.

Contact: Rene Cardinaux, Public Works, 981-6300
 

Action Calendar – Public Hearing on Street Lighting

23.  Street Lighting Assessments (PDF, 864 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution confirming diagrams and assessments and levying assessments for Fiscal Year 2004 in the Berkeley Street Lighting Assessment District No. 1982-1 and Berkeley Street Light Upgrading Assessment District No. 1999-1.

Contact: Rene Cardinaux, Public Works, 981-6300
 

Action Calendar – Public Hearing on FY 2004 and FY 2005 Biennial Budget

24.  Fiscal Year 2004 – Fiscal Year 2005 Biennial Budget (HTML, opens in a new browser window)

From:  City Manager

Recommendation:  Conduct the first of two public hearings (second one scheduled for June 17, 2003) on the Fiscal Year 2004 and Fiscal Year 2005 Biennial Budget as proposed by the City Manager.

Contact:  Weldon Rucker, City Manager, 981-7000
 

Action Calendar – Public Hearing

25.  Appeal: 2323 Glen Avenue

a.      From: City Manager (PDF, 271 KB) (May 20, 2003)

Recommendation: Conduct a public hearing on the appeal of the Zoning Adjustment Board’s approval of the variance and use permits at 2323 Glen Avenue for an 829 square foot, two-story major residential addition to an existing single-story residence on a culverted portion of Codornices Creek, and if an amendment to the Creeks Ordinance has been approved for first and second readings, approve a Use Permit effective on the date the amended ordinance becomes law and direct staff to prepare appropriate findings for Council adoption.  Otherwise, overturn turn the ZAB decision granting the Variance.

Contact: Carol Barrett, Planning, 981-7400

b.     From: City Manager  (PDF, 476 KB) (March 25, 2003)

Recommendation:  Set for Public Hearing the appeal of the decision of the Zoning Adjustments Board to approve a Variance and Use Permit #00-20000171 to allow 1) construction of an 829 square foot addition to an existing single family residence; and 2) to reduce the required rear yard setback from 18 feet to 17 feet.; and  to 3) to reduce the required 30 foot setback from a creek to 7 feet.

Contact: Carol Barrett, Planning, 981-7400

c.       Appeal (March 25, 2003)

1.      Phillip Price on behalf of Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center for Biological Diversity  (PDF, 936 KB)

Contact:  Sherry Kelly, City Clerk 981-6900

d.      Communications (PDF, 11 MB) (March 25, 2003)

1.                  Addenda to Appeal submitted on January 24, 2003, submitted by Juliet Lamont on behalf of Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center for Biological Diversity.

2.                  Anne-Marie Lhermitte

3.                  Pam Ormsby

4.                  Steve Maranzana

5.                  Sigrid and Ed Allen

6.                  Juliet Lamont

7.                  Dale Anania

8.                  C. Bodenhorst

9.                  Paul Shain

10.              Carol Thornton

11.              Norie Clarke

12.              Lloyd and Sheila Andres

13.              Diane A. Tokugawa

14.              Alan Gould

15.              Janet Byron, Friends of Strawberry Creek

16.              Jennifer Amelia Ellis

17.              Carole Schemmerling

 

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.


Action Calendar –Public Hearing on City Fees

The City Council will conduct public hearings on the proposed fee increases and upon conclusion may take action.

26.  Animal Care Shelter Fees (PDF, 293 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing board, care and quarantine fees at the Animal Care Shelter, and rescinding Resolution No. 61,580-N.S.

Contact: Kate O’Connor, City Manager, 981-7000

27.  Ambulance User Fees (PDF, 781 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing the Ambulance User Fees to match the 2003 ambulance fee schedule approved by the Alameda County Board of Supervisors, included as updated addendum to Provider Service Agreement.

Contact: Reginald Garcia, Fire, 981-5500

28.  Fire Permit and Annual Inspection Fees (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution establishing Fire Permit and Annual Inspection fees for Fiscal Year 2004 and rescinding Resolution No. 53,218-N.S. and 58,654-N.S.

Contact: Reginald Garcia, Fire, 981-5500

29.  Environmental Health Fees (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt Resolutions establishing fees for regulations and inspections, and development services for Fiscal Years 2004 and 2005 as required by the Health and Sanitation Code, and rescind Resolution Nos. 61,573-N.S. and 61,574-N.S.

Contact: Fred Medrano, Health and Human Services, 981-5100

30.  Rental Housing Safety Fees

a.      From: City Manager (PDF, 682 KB)

Recommendation:  Adopt a Resolution establishing a new fee for housing code inspections and a flat per unit fee of $18 per unit for all residential rental buildings with 3 or more units and $9 per room for residential hotels and boarding houses with 5 or more rooms in support of the Rental Housing Safety Program (RHSP) and rescinding Resolution No. 61,180-N.S

Contact: Stephen Barton, Housing, 981-5400

b.      From: Housing Advisory Commission (PDF, 317 KB)

Recommendation:  Approve the Housing Advisory Commission recommendation establishing an annual per unit fee of $18 for parcels with 3 or more residential rental units to cover the costs of the RHSP except for indirect costs and revise the current housing inspection fee for that program as follows: $100 for the first inspection; $200 for the first reinspection; $300 for all other reinspections.

Contact: Oscar Sung, Secretary, 981-5410

31.  Recreation Program Fees (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) revising rules and regulations and increasing fees for use of recreation park, camp, and swim facilities; 2) increasing fees for camp and recreation programs; and 3) rescinding Resolution No. 59,002-N.S. and all amendatory Resolutions.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

32.  Marina Berth and Other Service Fees (PDF, 507 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving revisions to the rate schedule in the Marina by increasing the base berth rates by 4%, the progressive size rate from 4% to 5%, and the upwind and double finger slips from 5% to 6%; 2) increasing other Marina services fees; and 3) rescinding Resolution No. 61,576-N.S.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

33.  Permit Service Center Fees (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) establishing the fee schedule for the Permit Service Center Fund for development related services; 2) readopting Council’s current waiver policy of limiting future unfounded fee waivers to seismic strengthening, and granting other waivers only when there is substitute funding authorized by the Council; and 3) rescinding Resolution No. 61,688-N.S.

Contact: Carol Barrett, Planning, 981-7400

34.  Jail Administrative Booking Fees (PDF, 689 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing the individual booking fees and daily housing rates for the jail to $190 per individual and rescinding Resolution No. 61,579-N.S.

Contact: Roy Meisner, Police, 981-5900

35.  Refuse Fees (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) setting rates for the collection of refuse and organics, transfer station disposal, and special services; 2) reconfirming existing refuse collection districts; and 3) rescinding Resolution No. 61,577-N.S. and all amending resolutions.

Contact: Rene Cardinaux, Public Works, 981-6300

36.  Sewer Service Fees (PDF, 510 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing fees for designated premises, for residential and non-residential categories for Fiscal Year 2004 by 6% and Fiscal Year 2005 by 6%.

Contact: Rene Cardinaux, Public Works, 981-6300

37.  Center Street and Sather Gate Garage and Oxford Lot Parking Fees (PDF, 584 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,147-N.S.and Resolution No. 60,151-N.S. to reflect parking fee and policy changes to: 1) reduce the maximum number of private monthly parking permits in Center Street Garage from 240 to 180; 2) increase private monthly parking permit fees in Center Street and Sather Gate garages from $115 to market rate of $150; 3) increase the number of monthly High Occupancy Vehicle (HOV) parking permits for vehicles with three or more passengers at Center Street Garage from 13 to 40; 4) maintain HOV monthly parking permit fee at Center Street Garage at $45 per month; and 5) increase short-term parking charges at Center Street and Oxford Lot.

Contact: Peter Hillier, Transportation, 981-7000
 

Information Reports

38.  3045 Shattuck Avenue  (PDF, 2 MB)

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

39.  Status Report: Ask An Expert Program (PDF, 1 MB)

From: City Manager

Contact: Tom Myers, Economic Development, 981-7530

40.  Formal Bid Solicitations and Request for Proposals (PDF, 226 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300
 

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.

Green Building Program Funding

1.      Tom Lent, Healthy Building Network

2.      John DeClercq

3.      Ed Gulick, Green Resource Center

4.      Martin Bourque, Ecology Center

5.      Randy Sweringen

6.      Larry Rosenthal

7.      Tom Wegner

8.      Mary Richerson

9.      Ariel Ambruster

10.  Susan L. Chiang

11.  Oliver Burke

12.  Peggy Datz

13.  Elizabeth GarrettTitle

14.  Terry O’keefe, Sustainable Business Alliance

Housing Inspection Fee

15.  Theodore R. Edlin

American Baptist Seminary of the West

16.  Sharon Hudson (3)

Reducing Traffic Speed and Enforcing Adherence to Crosswalks

17.  Nick Roosevelt
 

Adjournment