Regular Meeting eAgenda
July 11
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 11, 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 the City Clerk Department, 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:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Youth Comments: A total of 15 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 taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      FY 2007 Tax Rate:  Library Services Tax (PDF, 54 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for the Library Services Tax at $0.1440 (14.40 cents) per square foot for dwelling units, and $0.2180 (21.80 cents) per square foot for industrial, commercial, and institutional buildings.

Financial Implications: Library Tax Fund - Estimated Collections: $12,580,535.

Contact: Frances  David, Finance, 981-7300

2.      FY 2007 Tax Rate:  Measure S General Obligation Bonds (Election of 1996) (PDF, 54 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for the Measure S General Obligation Bonds (Election of 1996) at 0.035%.

Financial Implications: Measure S Debt Service Fund - Estimated Collections: $3.6 million

Contact: Frances David, Finance, 981-7300

3.      FY 2007 Tax Rate:  Fund the Maintenance of Parks, City Trees and Landscaping (PDF, 54 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for funding all improvements for the maintenance of parks, city trees, and landscaping in the City of Berkeley at $0.1043 (10.43 cents) per square foot.

Financial Implications: Park Tax Fund - Estimated Collections: $7,975,189

Contact: Frances David, Finance, 981-7300

4.      FY 2007 Tax Rate:  Disaster Fire Protection (Measure Q) (PDF, 53 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.

Financial Implications: Estimated Collections: $952,333

Contact: Frances David, Finance, 981-7300

5.      FY 2007 Tax Rate:  Fund the Provision of Emergency Medical Services (PDF, 53 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate to fund provision of emergency medical services to Berkeley residents at $0.0278 (2.78 cents) per square foot of improvements.

Financial Implications: Estimated Collections:  $2,120,827

Contact: Frances David, Finance, 981-7300

6.      FY 2007 Tax Rate:  Emergency Services for the Severely Disabled (PDF, 53 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for the provision of emergency services for the disabled at $0.0104 (1.04 cents) per square foot of improvements.

Financial Implications: Estimated Collections: $771,244

Contact: Frances David, Finance, 981-7300

7.      FY 2007 Tax Rate:  Fire Seismic General Obligation Bonds (Measure G, Series C) and 2002 General Obligation Refunding Bonds (PDF, 52 KB) (First reading June 27, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance setting the FY 2007 tax rate for Fire Seismic General Obligation Bonds (Measure G, Series C) and 2002 General Obligation Refunding Bonds at 0.0175%.

Financial Implications: Estimated Collections: $1.8 million

Contact: Frances  David, Finance, 981-7300

8.      FY 2007 Annual Appropriations Ordinance (PDF, 278 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance adopting the FY 2007 Annual Appropriations Ordinance  (AAO) in the amount of $350,740,656 (gross) and $296,087,062 (net).

Financial Implications: See Report

Contact: Tracy Vesely, City Manager's Office, 981-7000

9.      Contract: Mental Health Services (PDF, 125 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a performance contract and  any amendments with the State Department of Mental Health for the provision of mental health services in accordance with California Welfare and Institutions Code Section 5650 for FY 2006.

Financial Implications: None

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

10.  Contract: Laboratory Services (PDF, 125 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the State of California Department of Health Services Microbial Disease Laboratory for laboratory tests for diseases of public health significance to increase the contract amount by $300,000 for a total contract amount not to exceed $586,878; and to extend the period to June 30, 2007.

Financial Implications: Various Funds -  $300,000

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

11.  Contract:  Workers' Compensation Actuarial  Services (PDF, 146 KB)

From: City Manager

Recommendation: Adopt a Resolution to authorizing the City Manager to execute a contract and any amendments with Bickmore Risk Services in an amount not to exceed $11,000 to perform an actuarial study of the City of Berkeley's workers' compensation program  for fiscal year 2006 effective  July 17, 2006 through March 31, 2007.

Financial Implications: Workers' Compensation Self Insurance Fund - $11,000

Contact: David W. Hodgkins, Human Resources, 981-6805

12.  Joint Powers Implementing Agreement (JPA) for Gilman Street Playing Fields Project (PDF, 186 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a third agreement with five JPA cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond) to implement Section  3 of the Joint Exercise of Powers agreement authorized on November 18, 2003 to develop, operate, and maintain the Gilman Street Playing Fields.

Financial Implications: See report

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

13.  Creeks Task Force  - Revised Schedule (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 62,711A-N.S. revising the schedule for the Creeks Task Force and for suspension of the creek culvert provisions in the Creeks Ordinance (Berkeley Municipal Code (BMC) Chapter 17.08).

Financial Implications: See report

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

14.  Establishing Standard Placards to Indicate the Condition of a Structure for Continued Occupancy (PDF, 411 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Section 19.28.050,  to authorize the posting of standard placards specifying the suitability of a structure  for continued occupancy following a hazard event, such as earthquake, flood, wind storm or fire.

Financial Implications: None

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

15.  Contract: Environmental Impact Report Services for the Downtown Area Plan (PDF, 147 KB)

From: City Manager

Recommendation: Adopt a resolution authorizing the City Manager to execute a contract with Lamphier-Gregory to prepare an Environmental Impact Report (EIR) for the Downtown Area Plan (DAP) in conformance with CEQA requirements and guidelines, for a total amount not to exceed $200,000 for Phase 1 services.

Financial Implications: See report

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

16.  Parking Exemptions for City CarShare Vehicles Used for City Business (PDF, 157 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Section 14.08.060 to correct administrative errors.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

17.  Pay-and-Display Dispensing Machine Ticket Display Guidelines (PDF, 172 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 14.52.040, Operational procedure to be followed, and Section 14.52.050, to change the operational procedures for displaying the pay-and-display dispensing machine ticket (DMT).

Financial Implications: See report

Contact: Claudette R. Ford, Public Works, 981-6300

18.  Contract: Piedmont Avenue Reconstruction Project (PDF, 354 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) approving plans and specifications for the Piedmont Avenue Reconstruction Project, 06-10118-C; 2) accepting the bid of the lowest responsible bidder to be determined when bids are opened on July 6, 2006; and 3) 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 the amount of the lowest responsible bid which cannot exceed the budgeted amount of $1,239,234, for the period of 120 calendar days from July 17, 2006 through November 13, 2006. 

Financial Implications: See Report

Contact: Claudette Ford, Public Works, 981-6300

19.  Employee Representation at the West Berkeley Bowl (PDF, 84 KB)

From: Councilmembers Capitelli, Anderson, Moore and Worthington

Recommendation: Adopt a Resolution supporting an expeditious and open process for employee representation at the West Berkeley Bowl.

Financial Implications: None

Contacts: Laurie Capitelli, Councilmember District 5, 981-7150; Max Anderson, Councilmember District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120; and Kriss Worthington, Councilmember District 7, 981-7170

20.  Support of Fair Labor Practices (PDF, 68 KB)

From: Councilmember Spring

Recommendation: Adopt a Resolution requesting that the Berkeley Bowl and other Berkeley businesses support fair labor practices and refer to the City Manager a request that staff work with community members and union members to create an ordinance that will encourage the hiring of community members for jobs with fair labor standards.

Financial Implications: See Report

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

21.  Fifth Annual Peace Lantern Ceremony (PDF, 127 KB)

a.   From: Peace and Justice Commission

Recommendation: Adopt a Resolution endorsing the Fifth Annual Peace Lantern Ceremony to be held in Aquatic Park on Sunday, August 6, 2006; and directing the City Manager to post the event on the City's Community Calendar.

Financial Implications: None

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

b.      From: City Manager

Recommendation: The City Manager concurs with the content and recommendations of the Commission’s report.

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

 

Action Calendar - Presentation

22.  Presentation by Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposal to Modernize Alcohol Outlet Policy (PDF, 220 KB)

From: Councilmembers Moore, Anderson and Spring

Contacts: Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; and Dona Spring, Councilmember District 4, 981-7140

23.  Healthy Neighborhoods: Reducing Over-Concentration of Alcohol Outlets (PDF, 145 KB)

From: Councilmembers Moore, Anderson and Spring

Recommendation: Direct the City Manager to pursue a multi-tiered strategy to reduce the number of alcohol outlets in areas of over-concentration that would supplement the April 25, 2006 proposal from Berkeley Alcohol Policy Advisory Coalition (BAPAC).  This strategy would involve 1) an annual assessment evaluating off-site sales alcohol outlets that are located in all over-concentrated census tracts and/or areas of Berkeley that have alcohol-related crime rates that are higher than average; 2) sending a letter to California Department of Alcohol Beverage Control (ABC) informing them that the City does not wish to have alcohol licenses issued to aforementioned sites when there is a transfer of ownership and/or change of business.

Financial Implications: Unknown

Contacts: Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; and Dona Spring, Councilmember District 4, 981-7140

Action Calendar – Public Hearing

24.  Landmarks Preservation and Zoning Ordinances (PDF, 670 KB)
From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 3.24 (the Landmarks Preservation Ordinance) with an effective date of November 1, 2006; 2) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23B.24.030 and 23B.32.050; and 3) adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 19.20 related to suspension and review of permits to demolish non-residential buildings over 40 years old.     

Financial Implications:

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

25.  Transportation Services Fee (CF 69-01)

a.   From: City Manager (PDF, 364 KB) (To be delivered)

Recommendation: Conduct a public hearing and upon conclusion:  1) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 22.20, Mitigation and Fees--Conditions For Approval of Development Projects, to enact a Transportation Services Fee; 2) adopt a Resolution establishing the fee level, applicability, and procedures for assessing the Transportation Services Fee; and
3) direct the Planning Commission to remove all references to the previous Transportation Services Fee in the City’s Zoning Ordinance and make any other necessary changes to the Zoning Ordinance.

Financial Implications: See report

Contact: Claudette R. Ford, Public Works, 981-6300

b.   From: Transportation Commission (PDF, 51 KB) (Held over from April 25, 2006)

Recommendation: Adopt the Transportation Services Fee with the following conditions included in the ordinance: 1) tie the threshold for fee application to a discretionary permit and 1,000 square feet of new floor area; 2) use a five-year definition of vacancy; and 3) assess the full fee six months after adoption of the enabling ordinance.

Financial Implications: Unknown

Contact: Peter Hillier, Commission Secretary, 981-6300

c.   From: Planning Commission (PDF, 175 KB)

Recommendation: Council not adopt the Transportation Service Fee at this time and that the Council direct staff and the appropriate commissions to develop alternative, broadly-based funding mechanisms that would fund the proposed projects.

Contact: Carli Paine, Commission Secretary, 981-7403

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 – New Business

26.  Implementation of Council Expense Reimbursement Policy Under AB 1234 (PDF, 187 KB)

From: City Manager

Recommendation: Adopt two Resolutions to: 1) Establish a policy on expenditures and reimbursement for Mayor and Council expenses to conform to the City Charter and a new state law (AB 1234); and 2) Establish a policy governing reimbursement of expenses by City boards and commissions as is also required by AB 1234.

Fiscal Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

27.  Funding to Complete the Warm Water Pool (PDF, 143 KB)

From: Councilmember Spring

Recommendation: Request the City Manager either 1) prepare a ballot measure to go to the voters in November 2006 to increase the parcel tax approved by the voters in 2000 to provide the additional funding needed to build a new swimming pool at the location chosen by the BUSD Board on the former BHS tennis courts; or 2) prepare a certificate of participation to be paid back over 20 to 30 years from the general fund to cover the remaining funding gap.

Financial Implications: See report

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

28.  Clean Money Ballot Measure for Public Finance of Future Elections (PDF, 83 KB)

From: Councilmember Worthington

Recommendation: Consider placement on the November 7, 2006 election ballot, a campaign finance reform item providing for public financing of future Berkeley elections.

Financial Implications: Approximately $10,000

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

Information Reports

29.  Radiofrequency Exposure and Potential Health Effects (PDF, 448 KB)

From: City Manager

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

30.  Dog Licensing on the Internet (PDF, 140 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

31.  Landmarks Preservation Commission Notice of Decision: 2501 Telegraph Avenue/2502 Dwight Way  Structural Alteration Permit (PDF, 1 MB)

From: City Manager

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

32.  Landmarks Preservation Commission Notice of Decision: 2301 Bancroft Way - California Memorial Stadium (PDF, 6 MB)

From: City Manager

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

33.  Guidelines For Seismic Strengthening Work Qualifying For The Transfer Tax Reduction (PDF, 362 KB)

From: City Manager

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

 

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.

Improving Air Quality in California

1.      Charlie Peters, Clean Air Performance Professionals

Caldecott 4th Bore Project

2.      Roy Nakadegawa

3.      Phil Kamlarz, City Manager

Congregation Beth El Neighborhood

4.      Alan S. Kay

Crime Reduction Strategies

5.      Barbara Gilbert

Da 9-11 Truth Campaign TM Opposing Undeclared Wars

6.      John Jenkel

Ballot Measure: Impeachment of President and Vice President

7.      Roger Hartje

8.      Beren Correa

9.      Cliff See

10.  Dennis Baum

11.  James Wagner

12.  Roger Lee

13.  Pat Carnes

14.  Donald Burdin

15.  Michael Turcich

16.  John Montgomery

17.  Dan Prinzin

18.  Pamela Coker

19.  Steve West

20.  Ernie

21.  Barbara G. Ellis, on behalf of the DFA’s True Brew Coffee House MeetUp Group

22.  Pat Hinderscheid

23.  Joseph Galante

24.  Charles Shearer

25.  R. Frederick

26.  Donald Raymond Lake

Opposing Weapons of Mass Destruction

27.  Kathy Schmidt

Bay Area Smart Growth Scorecard Released by Greenbelt Alliance

28.  Tom Steinbach, Greenbelt Alliance

Fire Department Personnel

29.  Barbara Gilbert

Transportation Services Fee (CF 69-01)

30.  Dennis Cohen

 

Adjournment