Regular Meeting eSummary
May 23
, 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.

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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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, May 23, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
 

Preliminary Matters

Roll Call:  7:07 p.m. All present

Ceremonial Matters:

1.   Proclamation declaring Thursday, May 25, 2006, as Ruby Harmon Day.

2.   Proclamation declaring May 2006, as Asian and Pacific Islander American Heritage Month.

3.   Proclamation declaring June 3-4, 2006, from Noon to 9:00 p.m., as Berkeley World Music Weekend.

City Manager Comments:  Yesterday the city honored the 40th Anniversary of the Berkeley Marina.

Public Comment:  17 speakers.
 

Consent Calendar

Action:  Moved, seconded, carried (Anderson/Moore) to adopt the Consent Calendar in one motion except as indicated:

1.   Ordinance Amendment: Business License Administrative Appeal (PDF, 67 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 9.04.085.G, regarding the business license administrative appeal process.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Ordinance No. 6,917–N.S. (PDF, 49 KB)  Effective June 22, 2006.

2.   Ordinance Amendment: Condominium Conversion - Continuation of the Affordable Housing Mitigation Fee (PDF, 195 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 21.28.065.B.1, Condominium Conversion Ordinance, to continue the limit on the affordable housing mitigation fee at 12.5% of sales price and repealing the sunset on that limitation. 

Financial Implications: Unknown

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Ordinance No. 6,918–N.S. (PDF, 55 KB).  Effective June 22, 2006.

3.   Disposition and Development Agreement: Oxford Street Development, LLC (PDF, 13 MB) (First reading May 16, 2006 – Noes – Olds; Abstain – Capitelli, Wozniak)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute the DDA and all other necessary documents to dispose of the Property pursuant to the terms and conditions of the DDA.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Ordinance No. 6,919–N.S. (PDF, 12 MB)  Effective June 22, 2006.

4.   Ordinance Amendment: Inclusionary Housing (PDF, 73 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23C.12.070.A to revise inclusionary unit pricing requirements for ownership projects, BMC Section 23C.12.070.D to revise resale restriction pricing requirements and BMC Section 23C.12.090 authorizing the City Manager to issue regulations governing price setting and qualifying households.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Ordinance No. 6,920–N.S. (PDF, 118 KB)  Effective June 22, 2006.

5.   Calling for a Consolidated General Municipal Election for November 7, 2006 (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution:  1) calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 7, 2006; 2) requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; and 3) authorizing certain procedural and contractual actions.

Financial Implications: City Clerk Budget - $250,000

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Adopted Resolution No. 63,302–N.S. (PDF, 128 KB)

6.   Initiative Petition: Ordinance Amending Landmarks Preservation and Demolition Permit Application (PDF, 978 KB)

From: City Manager

Recommendation: Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.

Financial Implications: See report

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Approved recommendation.

7.   Initiative Petition: Ordinance Amending Berkeley Municipal Code Chapter 21.28 to Encourage and Regulate Conversion of a Limited Number of Rental Units to Condominiums and to Assist Tenants in Purchasing Their  Own Units (PDF, 455 KB)

From: City Manager

Recommendation: Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code Section 9212.

Financial Implications: See report

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Removed to Action by Councilmember Spring.  Discussion held.  Approved recommendation.

8.   Assessment: North Shattuck Business Improvement District (PDF, 872 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the FY 2006 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 FY 2007, and; 3) scheduling a public hearing for June 20, 2006 to consider levying a renewed assessment for FY 2007.

Financial Implications: See report

Contact: Thomas A. Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 63,303–N.S. (PDF, 749 KB)

9.   Formal Bid Solicitations and Request for Proposals (PDF, 212 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposal (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Sanitary Sewer Fund -  $950,000

Contact: Fran David, Director, Finance Department, 981-7300

Action: Approved recommendation.

10. Annual Purchase Order for Turnouts:  JAECO Fire and Safety (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an annual purchase order and any amendments with JAECO Fire and Safety for the purchase of turnouts (i.e., protective firefighting coats and trousers) beginning July 1, 2006 in an amount not to exceed $100,000 with option to extend for two additional fiscal years.

Financial Implications: General Fund - $100,000

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

Action: Adopted Resolution No. 63,304–N.S. (PDF, 99 KB)

11. Contract: Berkeley's Best Builders Green Building Consultation and Technical Services (PDF, 187 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Build It Green (BIG), formerly the Green Resource Center (GRC), for Berkeley's Best Builders Green Building consultation and technical services, for the period July 1, 2006 to June 30, 2008 in an amount not to exceed $60,000.

Financial Implications: Permit Service Center Fund - $ 60,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,305–N.S. (PDF, 233 KB)

12. Grant: Agreement  for Low Income Energy Program  Revenues (PDF, 174 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager or his designee to execute a contract with the State Department of Community Services and Development to receive a U.S. Department of Energy Weatherization Assistance Program grant, in the amount of  $27,656 for the period April 1, 2006 through January 31, 2007, to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and, 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: $27,656 revenue

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,306–N.S. (PDF, 130 KB)

13. Grant: Measure B Revenue (PDF, 149 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $182,359 for Measure B annual pass-through funds for use during fiscal year 2007 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: Measure B Paratransit Fund - $182,359

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,307–N.S. (PDF, 104 KB)

14. Contract: Bay Trail Extension Construction Documents (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with 2M Associates of Berkeley for construction drawings and bid documents for the firs segment of the Bay Trail Extension to the Berkeley Marina including: 1) a multi-use trail and landscaping from the I-80 Bike Bridge to the East Lawn by Marina Boulevard; and 2) windsurf access improvements west of Hs Lordships Restaurant in an amount not to exceed $126,560 for the period May 23, 2006 to December 31, 2007.

Financial Implications: See report

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

Action: Adopted Resolution No. 63,308–N.S. (PDF, 94 KB) (Abstain–Spring).

15. Contract: Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation (PDF, 344 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the Plans and Specifications for the Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation project; accepting the bid from McGuire & Hester, Inc.; authorizing the City Manager to execute  a contract with McGuire& Hester in an amount not to exceed $789,900 for the period June 1, 2006 to June 1, 2007.

Financial Implications: $789,900

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

Action: Adopted Resolution No. 63,309–N.S. (PDF, 112 KB)

16. Fee Waiver: Nurses, Contractors and Volunteers at Tuolumne and Echo Lake Camps (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the policy to provide a waiver of camp fees for service providers and their families at Tuolumne and Echo Lake Camps Programs.

Financial Implications: See report

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

Action: Adopted Resolution No. 63,310–N.S. (PDF, 115 KB)

17. Final Map of Tract 7575: 2113 - 2119 Delaware Street (PDF, 134 KB)

From: City Manager

Recommendation: Adopt a Resolution approving Final Map of Tract 7575, conversion of an existing eight-unit Tenancy-in-Common (TIC) project at 2113 – 2119 Delaware Street to eight condominium units.

Financial Implications: None

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

Action: Adopted Resolution No. 63,311–N.S. (PDF, 92 KB)

18. Congestion Management Agency Allocation: Spruce Traffic Safety Project (PDF, 348 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to 1) execute an agreement with the Alameda County Congestion Management Agency (CMA) and accept a Transportation Improvement Program (TIP) allocation in the amount of $100,000 for the period of June 1, 2006 to June 30, 2008 for the Spruce Traffic Safety Project between Rose and Vine Streets; and 2) appropriate the funding necessary to implement the project prior to receipt of the allocation, which will occur when the CMA has the funds to transfer, anticipated to be FY 2008.

Financial Implications: Clean Air Transportation Fund - $100,000 revenue

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

Action: Adopted Resolution No. 63,312–N.S. (PDF, 104 KB)

19. Final Tract Map  7650: 3075 Telegraph Avenue (PDF, 453 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7650, a fifteen-unit residential and commercial condominium project located at 3075 Telegraph Avenue.

Financial Implications: None

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

Action: Adopted Resolution No. 63,313–N.S. (PDF, 85 KB)

20. Purchase Order: Vehicle Replacement (PDF, 167 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) accepting the State of California Contract No. 1CCS-05-23-14B bid procedures to satisfy the requirement of the City of Berkeley Charter Section 67–Expenditures in excess of the limitation established by ordinance; and 2) authorizing the City Manager to execute a purchase order with Folsom Lake Ford for thirteen pursuit vehicles for the police department and one vehicle for the fire department in an amount not to exceed $367,225.

Financial Implications: Equipment Replacement Revenue Fund - $367,225

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

Action: Adopted Resolution No. 63,314–N.S. (PDF, 93 KB)

21. Contract: Sanitary Sewer Project (PDF, 685 KB)

From: City Manager

Recommendation: Adopt a Resolution to: 1) approve plans and specifications for the Sanitary Sewer Project located at Bolivar Drive, Addison Street, Bancroft Way, Shattuck Square, University Avenue, Walnut Street and Sixth Street; 2) accept the bid  of Darcy and Harty Construction, Inc.; and, 3) authorize the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $1,197,218 for a period of 220 calendar days.

Financial Implications: Sanitary Sewer Fund -   $1,197,218

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

Action: Adopted Resolution No. 63,315–N.S. (PDF, 115 KB) as amended to correct the map shown in the Resolution exhibit so that it matches the text of the report and resolution.

22. FY 2007 Transportation Development Act Article 3 Fund Allocation (PDF, 255 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in the amount of $151,173 in FY 2007 for two projects: a) Bicycle/Pedestrian Safety Education program: and, b) the Ninth Street Bicycle Boulevard extension; and authorizing the City Manager to accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the projects, subject to securing the funds; and 2) declaring that the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; that there is no pending or threatened litigation that might adversely affect the project or projects described in Exhibit B to this resolution, or that might impair the ability of the City of Berkeley to carry out the project; that the City of Berkeley attests to the accuracy of and approves the statements in Exhibit A to this resolution; and, that a certified copy of this resolution and its exhibits, and any accompanying supporting materials shall be forwarded to the Alameda County Congestion Management Agency for submission to MTC as part of the Countywide coordinated TDA Article 3 claim.

Financial Implications: MTC Fund - $ 151,173  revenue

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

Action: Adopted Resolution No. 63,316–N.S. (PDF, 271 KB)

23. Contract: Street Rehabilitation FY 2006 Phase  3 Project (PDF, 274 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) approving plans and specifications for the Street Rehabilitation FY 2006 Phase 3 Project, 06-10125-C; 2) accepting the bid of Gallagher & Burk, Inc.; 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 $701,423 for the period of 120 calendar days from June 26, 2006 through October 23, 2006.

Financial Implications: Various Funds - $701,423

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

Action: Adopted Resolution No. 63,317–N.S. (PDF, 104 KB)

24. Notice of Intention to Dissolve Zone of Benefit No. 15 in Berkeley Streetlight Undergrounding Assessment District No. 1985-1 (PDF, 75 KB)

From: City Manager

Recommendation:  Adopt a Resolution declaring the City’s intention to dissolve Zone of Benefit No. 15 in Berkeley Streetlight Undergrounding Assessment District No. 1985-1.

Financial Implications: See report

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

Action: Adopted Resolution No. 63,318–N.S. (PDF, 223 KB)

25. Berkeley Juneteenth Festival 2006 (PDF, 23 KB)

From: Councilmembers Anderson, Moore and Worthington

Recommendation: Adopt a Resolution to co-sponsor the Berkeley Juneteenth Festival on June 18, 2006 with the Berkeley Juneteenth Association, Inc.

Financial Implications: Approximately $20,000

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

Action: Adopted Resolution No. 63,319–N.S. (PDF, 119 KB)

26. Budget Referral: Implementation of a Hypertension Prevention Initiative (PDF, 99 KB)

From: Mayor Bates

Recommendation: Refer to the budget deliberations a $200,000 allocation from the general fund for the Department of Health and Human Services to implement a Hypertension Prevention and Treatment Initiative in partnership with Lifelong Medical Care, Inc.

Financial Implications: $200,000

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

27. Budget Referral: Berkeley Champions for Kids Community Volunteer Center (PDF, 91 KB)

From: Mayor Bates

Recommendation: Refer to the budget deliberations a $10,000 allocation from the general fund for The Berkeley Alliance for the on-going management of Berkeley Champions for Kids – placing city and community volunteers in the City’s youth serving programs.

Financial Implications: $10,000

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

28. Budget Referral: Berkeley Art Center (PDF, 131 KB)

From: Councilmembers Maio, Spring, Capitelli and Mayor Bates

Recommendation: Council refer to the Budget Process the restoration of essential funding of $20,000 for the Berkeley Art Center.

Financial Implications: General Fund - $20,000

Contact: Linda Maio, Councilmember District 1, 981-7110; Dona Spring, Councilmember, District 4, 981-7140; Laurie Capitelli, Councilmember, District 5, 981-7150, and Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

29. Designating May 25, 2006 as Ruby Harmon Day (PDF, 80 KB)

From: Councilmember Moore

Recommendation: Adopt a Resolution declaring May 25, 2006 as Ruby Harmon Day.

Financial Implications: None

Contact: Darryl Moore, Councilmember District 2, 981-7120

Action: Adopted Resolution No. 63,320–N.S. (PDF, 107 KB)

30. Budget Referral: Existing Landscaped Traffic Barriers (PDF, 45 KB)

From: Councilmember Spring

Recommendation: Refer to the FY 06-07 budget process the landscaping of permanent traffic barriers in the North Shattuck area on Cedar Street at Milvia and Grant Streets.

Financial Implications: Approximately $30,000

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

Action: Approved recommendation.

31. Assessment: Elmwood Theater Business Improvement Area (PDF, 255 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 2006; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2007; and 3) setting a public hearing on the levy of assessments for June 20, 2006.

Financial Implications: See report

Contact: Dave Fogarty, Secretary, 981-7530

Action: Adopted Resolution No. 63,321–N.S. (PDF, 167 KB)

32. Ballot Measure: Amend City Charter to Revise the Process for Filling Vacancies on the Rent Stabilization Board (PDF, 192 KB)

From: Rent Stabilization Board

Recommendation: That Council follow the recommendation of the Rent Stabilization Board and the 4x4 Joint Committee on Housing and direct the City Attorney to prepare the text of a ballot measure for placement on the November 2006 ballot that would amend Section 12.2, Vacancy in Office of Rent Stabilization Board Commissioner, of Article V of the Berkeley City Charter to provide that a vacancy on the Rent Stabilization Board will be filled by vote of the remaining Commissioners, thereby eliminating the possibility of holding a special election to fill the vacancy.

Financial Implications: See report

Contact: Jay Kelekian, Rent Stabilization Board, 644-6128

Action: Approved recommendation.

33. Letter of Support  to BUSD - School Gardens and Garden Cooking Programs (PDF, 147 KB)

a.   From: Youth Commission

Recommendation: Write a letter to the Berkeley Unified School District (BUSD) encouraging them to maintain the current school gardens and continue to apply for State grants for the garden cooking programs at all the middle and elementary schools.

Financial Implications: None

Contact: Phil Harper, Youth Commission Secretary, 981-6700

b.      From: City Manager

Recommendation: The City Manager takes no position on the content and recommendations of the Commission’s Report.

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

Action: Approved Commission recommendation.

34. Audit: Association For Sports Field Users (PDF, 378 KB)

From: Auditor

Recommendation: Request the City Manager to report back on or before November 28, 2006, and every six months thereafter, regarding the implementation status of each audit recommendation for the Parks, Recreation and Waterfront Department (PRW) in the City Auditor’s attached report, Audit of The Association For Sports Field Users, until each recommendation is fully implemented.

Financial Implications: None

Contact: Ann-Marie Hogan, Office of the City Auditor, 981-6750

Action: Approved recommendation.

35. Audit: Seniors and Disabled Home Rehabilitation Loan Program (PDF, 394 KB)

From: Auditor

Recommendation: Request the City Manager to ensure that the recommendations are implemented, and to report back by September 2007 regarding the implementation status of the attached report’s recommendations.  A date should be set for a follow-up report to Council if any recommendations remain unimplemented at the time of the September report. 

Financial Implications: None

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Action: Approved recommendation.

 

Action Calendar – Public Hearing

36.  Fiscal Year 2007 Proposed Budget and Work Plan Update (HTML, opens in new browser window)

From: City Manager

Recommendation: Conduct a public hearing on the FY 2007 Proposed Budget and Work Plan Update.  Council will adopt the FY 2007 budget on June 27, 2006.

Financial Implications: See budget book

Contact: Tracy Vesely, City Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Moore) to close the public hearing.

Action: Discussion held.  Council directed staff to return to Council on June 20, 2006 with a report listing budget referrals and their sources.
 

Action Calendar – Election Matters

37.  Ballot Measure: Community Choice Aggregation (PDF, 163 KB)

From: City Manager

Recommendation: Provide the City Manager with direction on: (1) whether or not to proceed with a ballot initiative on Community Choice Aggregation (CCA) in November 2006; (2) if so, to direct the City Manager to prepare the ballot language; and (3) to provide directionon the tone and  approach of the ballot language to be developed.

Financial Implications: None

Contact: Stephen Barton, Housing Department, 981-5400

Action: Moved, seconded, carried (Wozniak/Maio; Noes–Worthington; Abstain–Spring) a motion not to place any measure on the November 2006 ballot and to await a Phase II report and financial analysis expected in 2007.

38.   Ballot Measure: Greenhouse Gas Ballot Measure (PDF, 132 KB)

From: Mayor Bates

Recommendation: Discuss placing an advisory measure on the November ballot to support aggressive efforts to reduce greenhouse gas emissions and actively engage in climate-disaster preparations to address the likely local climate change impacts such as flooding, shortages of potable water, and dramatically increased costs of energy.

Financial Implications: $9,000 to place the item on the ballot

Contact: Tom Bates, Mayor, 981-7100

Action: Held over to June 13, 2006 by Mayor Bates.

39. Ballot Measure: Clean Money for Public Financing of Some Berkeley Elections (PDF, 223 KB)

From: Councilmembers Worthington and Anderson

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

Financial Implications: Approximately $10,000 to place a ballot measure on a consolidated election.

Contacts: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130

Action: Moved, seconded (Worthington/Anderson) a substitute motion to refer this to the Fair Campaign Practices Commission to bring a report and recommendation back to Council for the mayoral and/or other elective offices.

Moved, seconded, carried ( Wozniak/Olds; Abstain–Maio, Anderson) a main motion as amended to add Councilmember Moore as a co-sponsor on this report and to refer it to the Fair Campaign Practices Commission to bring a report and recommendations back to Council for a modified financing proposal for the mayoral race only.

40. Notice to the Public Regarding Signatures In-Lieu of Filing Fees for the November Election (PDF, 76 KB)

From: Councilmember Worthington

Recommendation: Inform the public about the City's policy for local candidates to allow signatures in-lieu of the filing fee.

Financial Implications: None

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

Action: Moved, seconded, carried (Worthington/Maio) to approve a recommendation to inform the public regarding the policy and procedures for obtaining signatures-in-lieu of the candidate filing fee during the candidate nomination process for the November 2006 election cycle.

Action Calendar – New Business

41. West Berkeley Bowl (920 Heinz Avenue) (PDF, 185 KB)

From: City Manager

Recommendation: Request that the City Council: 1) adopt a Resolution to certifying the Zoning Adjustments Board’s (ZAB) action regarding the West Berkeley Bowl project for review; and 2) set a public hearing for June 13, 2006 to consider the entire project (both the General Plan and Zoning amendments and the Use Permit) and the Environmental Impact Report (EIR).

Financial Implications: See report

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

Action: Moved to Consent by Councilmember Worthington.  Adopted Resolution No. 63,322–N.S. (PDF, 101 KB)

42. Fees: FY 2007 Planning and Development Revised Fee Schedule (PDF, 221 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing the revised fee schedule for the Permit Service Center (PSC) and the Certified Unified Program Agency (CUPA) funds for development-related services provided by the Planning and Development Department effective July 1, 2006 and rescinding Resolution No. 62,490-N.S.

Financial Implications: See report

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

Action: Moved to Consent by Councilmember Maio.  Adopted Resolution No. 63,323–N.S. (PDF, 1 MB)

43. Municipal Code Amendment and Fine Reduction Regarding Bicycles on Sidewalks (PDF, 192 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Section 14.68.370 of the Berkeley Municipal Code (BMC), to reclassify the unlawful riding of a bicycle on a sidewalk from a misdemeanor to an infraction, and direct the City Manager to request the Alameda County Superior Court to lower the base fine for a violation of BMC 14.68.370 from $75 to $10.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Moved, seconded, carried (Worthington/Anderson) to adopt first reading of Ordinance. Second reading scheduled for June 13, 2006.

44. By Right Reconstruction of Homes After a Disaster (PDF, 124 KB)

From: Mayor Bates, Councilmember Olds, Wozniak and Capitelli

Recommendation: Direct the Planning Commission to review our home rebuilding policy (especially in the event of a major disaster) and examine changing it to allow a homeowner to rebuild their house in its existing location and in the same size with a "by right" permit unless serious engineering or ground stability complications exist.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100, Betty Olds, Councilmember District 6, 981-7160, Gordon Wozniak, Councilmember District 8, 981-7180, Laurie Capitelli, Councilmember District 5, 981-7150

Action: Moved, seconded (Worthington/Spring: Noes–Maio,Capitelli, Olds, Wozniak, Bates; Abstain–Moore) a substitute motion to approve recommendation.

Moved, seconded, carried (Capitelli/Maio; Noes–Worthington) a main motion to approve the recommendation as amended to direct the Planning Commission to review the City’s habitable structure rebuilding policy (especially in the event of a major disaster, but also including singular disasters) and change it to allow a building owner to rebuild their habitable structure in its existing location and in the same size with a “by right” permit notwithstanding any restrictions in the Berkeley Municipal Code or state law and to report back to Council on November 28, 2006.

45. Telegraph Avenue Economic Development Assistance Package (PDF, 129 KB)

From: Mayor Bates and Councilmembers Wozniak and Worthington

Recommendation:  Direct the City Manager to return with a plan (as detailed in the background information) to: 1) increase police presence on Telegraph; 2) increase street and sidewalk cleaning; 3) review street and pedestrian level lighting; 4) create a façade improvement grant/ matching program; 5) streamline permits for the Telegraph commercial district; 6) improve social service and mental health outreach; 7) develop strategies related to inappropriate street behavior; 8) request property owners assist with rent or other incentives to attract new businesses; and 9) launch a new joint marketing effort with the university.

Financial Implications: Significant impacts to be determined.

Contacts: Tom Bates, Mayor, 981-7100; Gordon Wozniak, Councilmember, District 8, 981-7180, Kriss Worthington, Councilmember District 7, 981-7170

Action: Moved, seconded, carried (Wozniak/Worthington) to approve recommendation.

46.  Community Agency Allocations for Fiscal Year 2007

a.   From: Homeless Commission (PDF, 139 KB)

Recommendation: Approve the City Manager’s Fiscal Year 2007 Proposed Community Agency Allocations for Homeless Programs and add the $21,628 allocated for “Homeless Programs Funding to be determined” to Lifelong Medical Care for their Supportive Housing Program at UA Homes.

Financial Implications: See report

Contact: Jane Micallef, Secretary to Homeless Commission, 981-5426

b.   From: City Manager (PDF, 135 KB)

Recommendation: Refer to the budget process.  See companion report.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Councilmember Maio moved the City Manager’s recommendation to Consent.  Approved recommendation.

47.  Allocation of $1,000,000 from the General Fund to the Housing Trust Fund

a.   From: Housing Advisory Commission (PDF, 66 KB)

Recommendation: Consider allocating $1,000,000 from the General Fund to the Housing Trust Fund for Fiscal Year 2007.

Financial Implications: See report

Contact: Oscar Sung, Secretary to the Housing Advisory Commission, 981-5426

b.      From: City Manager (PDF, 54 KB)

Recommendation: Refer to the budget process. See companion report.

Financial Implications:: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Councilmember Maio moved the City Manager’s recommendation to Consent.  Approved recommendation (Noes–Olds).

Information Reports

48. Timeline: Initiative Petitions (PDF, 166 KB)

From: City Manager

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Received and filed.

49. Customer Service  Level Evaluation (PDF, 229 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

50. Community Choice Aggregation Issues (PDF, 140 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action: Received and filed.

51. Results of Annual Management Audit (PDF, 2 MB)

From: Mayor Bates

Contact: Tom Bates, Mayor, 981-7100

Action: Received and filed.

52. Donation: Portrait of Frances Albrier at Community Event (PDF, 129 KB)

From: Parks and  Recreation Commission

Contact: Margie Gurdziel, Chairperson, Parks and Recreation Commission, 981-6700

Action: Received and filed.

53. LPC NOD: 2667-2669 Le Conte Avenue - Landmark Designation (PDF, 8 MB)

From: City Manager

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

Action: Received and filed.

54. Tentative Tract  Map 7689: 2599 Telegraph Avenue - Certification and Review of Planning Commission Approval (PDF, 79 KB)

From: City Manager: City Manager

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

Action: Received and filed.

55. Tentative Tract  Map 7562: 2025 Channing Way - Certification and Review of Planning Commission Approval (PDF, 466 KB)

From: City Manager

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

Action: Received and filed.

56. Tentative Tract Map 7726: 2700 San Pablo Avenue – Certification and Review of Planning Commission Approval (PDF, 499 KB)

From: City Manager

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

Action: Received and filed.

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.

Support for Community Choice Aggregation

1.      Tom Kelly, KYOTOUSA

3045 Shattuck Fire

2.      Robert Lauriston (Spring)

Offstreet Parking in Required Yards

3.      Robin Wright

4.      Susan Schwartz, Friends of Five Creeks

West Berkeley Bowl

5.      Brian Tellus

Proposed Development at 1885 University Avenue

6.      J. Michael Edwards, McGee-Spaulding-Hardy Historic Interest Group

Diebold Flaw

7.      Barbara Gilbert

To Be Delivered and Supplemental Reports 1

Item 23: Contract: Street Rehabilitation FY 2006 Phase 3 Project

·        Revised report, submitted by Public Works (PDF, 94 KB)

 

To Be Delivered and Supplemental Reports 2

Item 36: Fiscal Year 2007 Proposed Budget and Work Plan Update

·        To be delivered report, submitted by City Manager (PDF, 556 KB)
 

Supplemental Communications 1 (PDF, 4 KB)

Item 45: Telegraph Avenue Economic Development Assistance Package

8.      Mallory Johnson

9.      Jacklyn T. Bort

10.  George Beier

11.  Gregory S. Murphy

12.  Dana Merryday

13.  Priscilla Birge

14.  Randy Fish

15.  Vincent Casalaina

16.  Charles Banks-Altekruse

17.  Bruce Rizzo
 

Supplemental Communications 2 (PDF, 4 KB)

Item 45: Telegraph Avenue Economic Development Assistance Package

18.  Councilmember Kriss Worthington

19.  Marc Weinstein

Alternative Site for U.C. Intercollegiate Football

20.  Marie Bowman, Berkeley Alliance of Neighborhood Associations

New Publication: The Epoch Times

21. Ben Bendig
 

Adjournment

Adjourned at 10:27 p.m. in honor of Joan Martin.