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Regular Meeting Annotated Agenda
June 17, 2008

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 17, 2008

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

Preliminary Matters

Roll Call: 7:00 p.m.  Absent – Worthington.  Worthington present at 7:09 p.m.

Ceremonial Matters  None

City Manager Comments:  Introduction of Transportation Manager, Farid Javandel

Public Comment on Non-Agenda Matters: 4

Public Comment on Consent Calendar and Information Items Only:  3

Consent Calendar

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

1. Elmwood Theater Business Improvement Area FY 08 and Renewal of Assessments for FY 09 (PDF) 

From: Elmwood Advisory Board

Recommendation: Adopt a Resolution:

  1. Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area (hereafter, the "Area") for Fiscal Year 2008 including a recommendation that the Council add grants to improve the theater as an allowed purpose for the Area;
  2. Declaring an intention to add this purpose and levy annual assessments in the Improvement Area for Fiscal Year 2009; and 3) setting a public hearing on the adding of the new purpose and levy of assessments for July 22, 2008.

Financial Implications: See report. 

Contact: Michael Caplan, Economic Development, 981-7530

Action:  Adopted Resolution No. 64,090–N.S.

2. Increase the Maximum Household VLI Level from $33,500 to $34,450 to Qualify for City Tax and Fee Refunds, Animal License Fee Waiver, and Community Service Eligibility (PDF)

From: City Manager

Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $34,450 effective July 1, 2008 and rescind Resolution No. 63,364-N.S.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

Action:  Adopted Resolution No. 64,091–N.S.

3. Citywide Janitorial Services For Various City Locations and Facilities (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Citywide contract and any amendments with Universal Building Services (UBS) to provide Citywide janitorial services at various City locations and facilities for an amount not to exceed $500,000 annually for a total of $1,500,000 for the period July 1, 2008 to June 30, 2011 with the option to extend for two additional 12 month periods at $500,000 annually, for a total of $2,500,000 for five years subject to the City's annual budget appropriation process.

Financial Implications: Various Funds - $1,500,000 

Contact: Robert Hicks, Finance, 981-7300

Action:  Adopted Resolution No. 64,092–N.S. Noes – Worthington, Anderson;  Abstain – Moore.

4. Contract: First Call Network - Emergency Notification System (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with First Call Network, Inc. for an emergency notification system in an amount not to exceed $45,000 for the period August 1, 2008 through July 31, 2010, with option to extend for an additional 2-year term from August 1, 2010 through July 31, 2012 for a total contract amount not to exceed $90,000.

Financial Implications: General Fund - $90,000 for 4 years 

Contact: Debra Pryor, Fire, 981-3473

Action:  Adopted Resolution No. 64,093 –N.S.

5. Contract Amendment: Needle Exchange Emergency Distribution (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant award in the amount of $75,000 a year for three years beginning October 1, 2007 and ending June 30, 2010 for a total award of $225,000; and to execute a contract amendment with the Needle Exchange Emergency Distribution for HIV prevention syringe exchange services, adding $75,000 in fiscal year 2008 for a total contract amount not to exceed $127,000 for the period July 1, 2007 to June 30, 2008.

Financial Implications: See report 

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

Action:  Adopted Resolution No. 64,094 –N.S.

6. Contract: Supervisory and Management Training and Development Services (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a multiple-year contract and any amendments with The Centre for Organization Effectiveness ("The Centre") for supervisory and management training and development services, for an amount not to exceed $390,000 from June 18, 2008 through December 31, 2013.

Financial Implications: Training Fund - $390,000 

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 64,095–N.S.

7. Contract: Plan Checking Services (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts to provide plan checking services as follows:

1.      Execute a contract amendment increasing the total amounts for Bureau Veritas North America and Telesis Engineers from $280,000 each, by $120,000 each, for a total amount not to exceed $400,000 each.

2.      Execute a contract with Interwest Consulting Group for a total amount not to exceed $120,000 for the period of July 1, 2008, through June 30, 2009.

Financial Implications: See report

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

Action:  Adopted Resolution No.64,096–N.S. (Bureau Veritas), Resolution No. 64,097–N.S. (Telesis) and Resolution No. 64,098–N.S. (Interwest)

8. California Department of Transportation Master Agreement (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Master Agreement with the California Department of Transportation (Caltrans), which is necessary to expend State grant funds on transit-related transportation projects, including those awarded to the City for the Ed Roberts Campus at the Ashby BART Station.

Financial Implications: See report 

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 64,099–N.S.

Council Consent Items

9. Budget Referral: Co-Sponsor The Annual Downtown Music Festival (PDF)

From: Councilmember Spring

Recommendation: Refer to the budget process, cosponsorship of the annual Downtown Music Festival Annual on August 20-24th, 2008, and consider making this event an annually funded city event.

Financial Implications: $2,500 

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

Action:  Adopted Resolution No. 64,100–N.S.

10. City of Berkeley Preference to Purchase Local Goods and Services (PDF)

From: Councilmember Spring

Recommendation: Refer to the City Manager:

1.   Return with suggestions for possible policy changes to allow the city to give preference to Berkeley businesses in the purchase of goods or services. 

2.   Return with suggestions for a possible charter amendment on the 2010 ballot.

Financial Implications: None

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

Action:  Approved recommendation.

11. June 2008 Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Pride Month (PDF)

From: Councilmembers Worthington and Moore

Recommendation: Adopt a proclamation declaring June 2008 as Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Pride Month in the City of Berkeley and authorize City Manager to fly the Rainbow flag for the rest of June.

Financial Implications: None

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

Action:  Approved recommendation.

12. Budget Allocation: Berkeley Student Cooperative (PDF)

From: Councilmember Wozniak

Recommendation: Adopt a Resolution authorizing the transfer of $4,000 from Councilmember Wozniak’s D-13 non-personnel budget to the City of Berkeley to be used for a grant to the Berkeley Student Cooperative (BSC) to fund conservation projects, resource efficiency improvements, education, and other innovative projects in line with the City of Berkeley’s Measure G goals to help reduce the environmental impact and greenhouse gas emissions of the BSC community.

Financial Implications: Councilmember Wozniak’s Discretionary Fund - $4,000

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action:  Adopted Resolution No. 64,101–N.S.

Action Calendar – Old Business

From: City Manager

Recommendation: Adopt as an urgency ordinance a moratorium on the issuance of certain permits and the processing of zoning approvals in the Environmental Safety Residential (ES-R) zoning district on Panoramic Hill.

Financial Implications: $15,000-$20,000

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

Action:  M/S/C (Wozniak/Worthington) to adopt urgency Ordinance No. 7,041–N.S. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Wozniak, Bates; Noes – Olds.

a. From: Councilmembers Anderson, Spring and Worthington (PDF)

Recommendation: Establish a six-month citywide moratorium on the issuance of all cell phone antenna permits until inadequacies in the current ordinance are addressed pursuant to the Precautionary Principle.

Financial Implications: Unknown

Contact: Max Anderson, Councilmember, District 3, 981-7130

b. From: City Manager (PDF)

Recommendation: Consider whether to direct staff to prepare a moratorium pursuant to applicable law.

Financial Implications: Unknown

Contact: Zach Cowan, City Attorney, 981-6950

Action: M/S/C (Anderson/Moore) to direct the City Manager to prepare a moratorium pursuant to applicable law and return to Council on or before July 22, 2008.  Vote:  Ayes – Moore, Anderson, Spring, Worthington, Bates; Noes – Capitelli, Wozniak; Abstain – Olds; Recused – Maio.

15. Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election (Continued from June 10, 2008) (PDF)
 
 
Ballot Measures Presentation (PowerPoint)

Recommendation: Provide comments to the City Attorney on the text, title, and City Attorney's analysis for the following possible ballot measures for the November 2008 ballot: 1) Fire and Disaster Preparedness Tax; 2) Library Seismic Safety Bond; and 3) Pools Advisory Measure.

Financial Implications: Unknown

Contact: Lisa Caronna, Deputy City Manager, 981-7000

Action: M/S/C (Capitelli/Maio) to direct the City Manager to return to council with text, title and City Attorney analysis for a possible $3.6 million Fire and Disaster Preparedness tax ballot measure to include a split rate tax between 5 and 15% and both CPI and PIG as inflation indicators.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Wozniak, Bates; Abstain – Olds.

Action: M/S/C (Maio/Moore) to direct the City Manager to return to Council with text, title and City Attorney analysis for a possible $23 million or $26 million Library Seismic Safety Bond. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Noes – Worthington.

16. FY 2009 Biennial Budget Update - Council Recommendations (PDF)

a. From: City Manager

Recommendation: Discuss and direct staff on the FY 2009 Mid-biennial budget update.

Financial Implications: See report.

Contact: Tracy Vesely, Budget Manager, 981-7000

Action: Discussion held.  Staff to return on June 24, 2008.

Action Calendar – Public Hearing

17. Renewal of the Telegraph Property and Business Improvement District (PDF)

From: City Manager

Recommendation: Conduct a public hearing where testimony on the reestablishment of the Telegraph property and Business Improvement District (TPBID or "the District") is heard and, if no majority protest exists after tabulation of assessment ballots, adopt a Resolution reestablishing the TPBID for the ten- year period 2009-2018 and levying assessments on property within the District for fiscal year 2009.

Financial Implications: See report. 

Contact: Michael Caplan, Economic Development Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Anderson) to close the public hearing.

Action: M/S/C (Maio/Worthington) to adopt Resolution No. 64,102–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates.

Public Comment – Including Items Not Listed on the Agenda – 0

Adjournment – 10:56 p.m. in honor of Luanne Rogers

Communications

Televising of Council Meetings
1.      Barbara Gilbert

Affordable Housing Agreement – 1950 MLK Jr. Way – Referred to CM
2.      Stephen Wollmer

Supplemental Communications and Reports 1

Item 13: Adoption of Panoramic Hill Urgency Ordinance
3.      Dora Chang

Item 13: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election
4.      Lori Kossowsky

Supplemental Communications and Reports 2

Item 15: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election

  • To Be Delivered Report & Presentation, submitted by City Manager (see agenda item)

 

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