Regular Meeting eAgenda
July 10
, 2007

Printer-friendly PDF* agenda: (12 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, JULY 10, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

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 – Dona Spring

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 Pamyla Means, 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 Consent Calendar Items Only
 

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.

Items that are removed from the Consent Calendar and deemed by the Mayor to be controversial in nature will be considered at the end of the agenda.  The Mayor will call for public comments on items on the Consent Calendar.  For each item, the Mayor will entertain one speaker in support and ask that persons in the audience who are also in support stand to be recognized.  The Mayor will then entertain one speaker in opposition and follow the same process for the speaker in support.  If the Mayor determines that there are several persons wishing to speak to the item, the item will be removed from the Consent Calendar and considered at the end of the agenda.

1.   FY 2008 Annual Appropriations Ordinance (PDF, 225 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,987-N.S. setting the FY 2008 Annual Appropriations.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

2.   FY 2008 Tax Rate: Emergency Services for the Severely Disabled (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,988-N.S setting the FY 2008 tax rate for the provision of emergency services for the disabled at $0.01086(1.086 cents) per square foot of improvements.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

3.   FY 2008 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,989-N.S setting the FY 2008 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0160%.)

Financial Implications: Fire Seismic Debt Service Fund - $1,867,429 revenue

Contact: Robert Hicks, Finance, 981-7300

4.   Levying a Special Tax for Fiscal Year 2008 to Fund the Provision of Library Services (PDF, 244 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,990-N.S setting the FY 2008 tax rate for the Library Services Tax at $0.1504 (15.04 cents) per square foot for dwelling units and $0.2276 (22.76 cents) per square foot for industrial, commercial, and institutional buildings.

Financial Implications: Library Tax - $13,209,469 revenue

Contact: Robert Hicks, Finance, 981-7300

5.   FY 2008 Tax Rate: Disaster Fire Protection (Measure Q) (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,991-N.S setting the FY 2008 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.

Financial Implications: Disaster Fire Protection-Measure Q - $998,742 revenue

Contact: Robert Hicks, Finance, 981-7300

6.   FY 2008 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,992-N.S setting the FY 2008 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1078 (10.78 cents) per square foot.

Financial Implications: Park Tax Fund - $8,240,205 revenue

Contact: Robert Hicks, Finance, 981-7300

7.   FY 2008 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,993-N.S setting the FY 2008 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.029%.

Financial Implications: Measure S Debt Service Fund - $3,405,532 revenue

Contact: Robert Hicks, Finance, 981-7300

8.   FY 2008 Tax Rate to Fund the Provision of Emergency Medical Services (PDF, 190 KB)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,994-N.S setting a special tax rate of $0.02872 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

9.   Contract: Downtown Berkeley YMCA (PDF, 260 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $254,448 for fitness center memberships for City employees for the period July 1, 2007 through June 30, 2008.

Financial Implications: Payroll Deduction Trust Fund - $254,448

Contact: Tracy Vesely, Budget Manager, 981-7000

10. Assessment:  Elmwood Theater Business Improvement Area (PDF, 292 KB)

From: Elmwood Advisory Board

Recommendation: Adopt a Resolution:

1)     Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2007;

2)     Declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2008; and

3)     Setting a public hearing on the levy of assessments for July 31, 2007.

Financial Implications: See report

Contact: Michael Caplan, Economic Development, 981-7530

11. Claim Settlement: Mitsui Sumitomo Insurance Company (PDF, 193 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of a public liability Claim No. GHB 011902 filed by claimant Mitsui Sumitomo Insurance Company in the amount of $59,477.

Financial Implications: Public Liability Fund - $59,477

Contact: Manuela Albuquerque, City Attorney, 981-6950

12. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF, 266 KB)

From: City Manager

Recommendation: Approve the attached new invitation for bid/request for proposal 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: Various funds - $4,074,000

Contact: Robert Hicks, Finance, 981-7300

13. Contract Amendment: Innovative Technologies (PDF, 267 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Innovative Technologies Inc. increasing the amount by $13,625 to cover additional work on the contract negotiations for the City of Berkeley's new public safety computer system, for a total amount not to exceed $113,625.

Financial Implications: See report

Contact: Chris Mead, Information Technology, 981-6500

14. Amendment Of BMC – Condominium Conversion (PDF, 242 KB)

a. From: City Manager

Recommendation: That the Berkeley City Council adopt a first reading of an ordinance amending Berkeley Municipal Code (BMC) Section 21.28.065.B.1 to clarify that the affordable housing mitigation fee cap of 12.5% of unit sales prices applies to both vacant and tenant occupied units within a building, if the owner agrees to the specified long-term limit on rent increases for all current tenants within that building at the time of conversion.

Financial Implications: See report

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

15. Grant Applications to the California Integrated Waste Management Board (PDF, 263 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing staff to apply for all grants available from the California Integrated Waste Management Board for used oil recycling and household hazardous waste programs.

Financial Implications: See report

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

16. License Agreement and Revenue Contract:  Food Waste Collection and Hauling (PDF, 261 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and revenue contract with Norcal Waste Services of Alameda County ("Norcal") for food waste collection and hauling with a contract term from July 10, 2007 through December 31, 2008.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

17. Use of Permeable Surfaces on City Projects (PDF, 258 KB)

From: City Manager

Recommendation: Adopt a Resolution:

1)     Revising City of Berkeley parking and driveway standards to provide for use of permeable surfaces according to Bay Area Stormwater Management Agencies Association and Alameda County Clean Water Program C3 technical guidelines; and

2)     Encouraging the use of these standards for commercial and residential driveways and private parking spaces that require City permits.

Financial Implications: Unknown

Contact: Claudette Ford, Public Works, 981-6300

18. Contract Amendment:  Recycling Services (PDF, 78 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution amending Contract No.  2146D with the Berkeley Ecology Center extending the contract term to June 30, 2008, adding an amount not to exceed $1,728,000 for FY 2008 and increasing the total contract amount to $11,456,722.

Financial Implications: Refuse Fund - $1,728,000

Contact: Claudette Ford, Public Works, 981-6300

19. Purchase Order:  Telephone Directory Advertising for Refuse and Recycling Services (PDF, 267 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with AT&T Smart Yellow Pages in an amount not to exceed $31,494 for FY 2008, to advertise the City's refuse collection and recycling services.

Financial Implications: Various Funds - $31,494

Contact: Claudette Ford, Public Works, 981-6300

20. Contract Amendment:  Buyback and Drop-Off Operations at the Solid Waste Management Center (PDF, 259 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Contract No. 6856 with Community Conservation Center to operate the buyback and drop-off program at the Solid Waste Management Center and extending the contract term one year to June 30, 2008 for a total amount not to exceed $450,000 for FY 2008.

Financial Implications: Refuse Fund - $450,000

Contact: Claudette Ford, Public Works, 981-6300

21. Purchase Order:  Fuel for City Vehicles (PDF, 259 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to purchase fuel from Golden Gate Petroleum for City vehicles in an amount not to exceed $1,400,000 for FY 2007, and in an amount not to exceed $750,000 for the first six months of FY 2008.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

 

Council Consent Items

22. Amend B.M.C. Section 21.28.050 To Prohibit Condominium Conversion For No-Fault Evictions (PDF, 577 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council adopt a first reading of an ordinance amending Berkeley Municipal Code (B.M.C.) Section 21.28.050 to prohibit condominium conversion for ten years for no-fault evictions and make clarifying amendments to existing language.

Financial Implications: None

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

Action Calendar – Public Hearings

23. LPC Appeal: 2727 Milvia Street – Berkeley Iceland

a. From: City Manager (PDF, 5 MB)

Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution modifying the decision of the Landmarks Preservation Commission (LPC) to designate 2727 Milvia Street, Berkeley Iceland, a City of Berkeley Landmark with respect to the “features to be preserved” as stated in the Notice of Decision dated April 5, 2007: deleting “the packed earth berms on the north and south sides” as “features to be preserved”

Financial Implications: None

b. Appeal

1.      Richard Zamboni (PDF, 4 MB)

c. Communications

1.      Tom Killilea, Save Berkeley Iceland (PDF, 7 MB)

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

24. Rental Housing Safety Program: Administrative Lien Fee (PDF, 293 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to increase the administrative lien fee charged to residential rental property owners who are delinquent in paying Rental Housing Safety Program fees from $75 to $125 for each delinquent account.

Financial Implications: See report

Contact: Lisa Caronna, Housing, 981-5400

25. Fees:  Increases and Additions - Planning and Development Master Fee Schedule (PDF, 262 KB)

      Supplemental Material (PDF, 20 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution:

1).  Establishing the fee schedule for the Permit Service Center for development related services provided by the Planning and Development Department, and

2).  Rescinding Resolution No.63,323-N.S.

3).  Establishing new fees for subsurface tiebacks in the public right-of-way.

4).  Revising creek fees to conform to the new permit categories under the Creeks Ordinance, Ordinance 6,956-N.S.

Financial Implications: See report

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

26. Sewer Service Fees (PDF, 272 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution 63,356-N.S. to clarify that the sewer service fee rate established thereby does not terminate by its own terms as of June 30, 2007.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

27. Small Animal Adoption Fee Increases (PDF, 255 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution increasing adoption fees for rabbits, poultry, small rodents, birds and exotic animals, and rescinding Resolution No. 62,538-N.S

Financial Implications: See report

Contact: Jim Hynes, Office of the City Manager, 981-7000

28. Marina Fee Increases for Fiscal Year 2008 (PDF, 237 KB)

From: City Manager

Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution:

1)     Increasing berth fees by 5%;

2)     Increasing selected service fees by up to 10%;

3)     Increasing the Chain fee by 100%;

4)     Establish one new fee (Event parking fee); and

5)     Increasing Nature Center/Adventure Playground fees by 5%, for Fiscal Year 2008, and rescinding Resolution No. 63,354–N.S. and all amendatory Resolutions.

Financial Implications: See report

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

29. Fees:  Parks and Recreation Programs and Facilities for FY 2008/2009 (PDF, 340 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt Resolutions:

1)   Approving new fees for parks and recreation programs and facilities in FY08/09 by:  a) increasing fees over $33 by 1.5%; b) increasing selected user fees by .50¢; c) increasing fees between $23 and $33 by $1; d) establishing fees for the new skate park program);

2)   Authorizing the Director of the Parks Recreation & Waterfront Department to establish fees for new programs initiated throughout the year, not to exceed $250 per person per program; and 3) rescinding Resolution No. 62,950-N.S. and 63,216-N.S. and all amendatory Resolutions. 

Financial Implications: Revenue of $81,000 in FY2008 and $92,950 in FY2009

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

30. Refuse Fees: Transfer Station Rate Increases FY 2008 (PDF, 276 KB)

From: City Manager

Recommendation: Conduct a Public Hearing, and upon conclusion, adopt a Resolution amending Resolution No. 62,952-N.S. and all amending resolutions, effective July 1, 2007, to adjust rates for Transfer Station and special services fees, set forth in Sections 18, 21 and 22 of the Resolution.

Financial Implications: Refuse Fund - Approximately $750,000 revenue

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

31. ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage (Carried over from June 12, 2007.  Motion to set date for hearing failed.  No action taken.  If council fails to act within 30 days (by July 10, 2007 meeting), the decision of the Zoning Adjustments Board will be approved by operation of law.  BMC 23B.32.060)

a. From: City Manager (PDF, 14 KB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit No. 06-10000098 to convert an existing three-unit commercial building (The Wright's Garage Building) into a 4 to 7 unit commercial building; and to change uses to one restaurant, one exercise/dance study, and up to 5 retail spaces, and dismissing the appeal.

Financial Implications: None

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

b. Appeal

1.      Elmwood Merchants Association

2.      Elmwood Neighborhood Association

c. Communications (PDF, 2 MB) (after June 26,2007)

1.      Noelle Duncan and Kevin Kelleher

2.      Henry Siegel

3.      Lee Jester

4.      Judith Epstein

5.      Harry Pollack

6.      Teddy Milder

7.      Janice and Lanny Weingrod

8.      Manuela Albuquerque, City Attorney

d.   From: Councilmember Worthington (PDF, 30 KB) (June 26, 2007)

Recommendation: To set the matter for a public hearing or remand the project to the Zoning Adjustments Board.

Financial Implications: None

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

Action Calendar – New Business

32. Draft Ordinance Establishing Operating Standards for Alcohol Outlets and Fee Options (PDF, 312 KB)

      Presentation (PDF, 146 KB)

From: City Manager

Recommendation: Consider the draft ordinance and fee structure options and give staff guidance as to the preferred fee structure

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

33. Voting Delegates - League of California Cities (PDF, 253 KB)

From: City Manager

Recommendation: That Council designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Saturday, September  8, 2007, at the Sacramento Convention Center.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Public Comment – Items Not Listed on the Agenda


 

Information Reports

34. Unrepresented Temporary Employees (PDF, 256 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

35. Staff Response to AC Transit's Bus Rapid Transit Draft EIR/EIS (PDF, 259 KB)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300
 

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.

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:

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Tel:  510-981-6900

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Fax:  510-981-6901

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Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5 working days prior to the meeting to insure availability.  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.

Please refrain from wearing scented products at public meetings.

 

Communications (PDF, 9 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.

State Housing Law and Comments

1.      Peter J. Mutnick

Chief of Police and Beat Coverage

2.      Laura Menard

3.      “Residents of 1018 and 1020 Bancroft”

4.      Susan Dembitz

5.      Rabbi Diane Elliot

Public Commons for Everyone Initiative

6.      Barbara Sullivan

Berkeley Y Contract Renewal

7.      H. Scott Prosterman

2110 Haste Street/Herbivore Restaurant

8.      Anonymous

Fiscal Year 2008-2009 Budget

9.      $BudgetWatch$

Shooting on Russell Street

10. Sam Herbert

11. Arthur Eaton

12. Melissa and Michael Gomes McEwen

13. Paul Rauber

14. Dan B. Bristol

Vector Control Matter

15. James Legler (2)

Meeting with Housing Authority

16. go2thesun@****.com

San Francisco Housing Plan In Court

17. Sharon Hudson

Bus Services

18. Margot Smith

Tourist Revenues

19. Barbara Gilbert

Free Legal Advice Clinics

20. East Bay Community Law Center