Regular Meeting eAgenda
June 27
, 2006

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 27, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – Sea Shore Motel Lobby, 2637 Main Street, Santa Monica, 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.

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.   Abatement of Nonconforming/Substandard Sewer Laterals on Private Property (PDF, 42 KB) (First reading June 20, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Section 2 of Ordinance No. 6914–N.S., Abatement of Nonconforming/Substandard Sewer Laterals on Private Property, to change the effective date from July 1, 2006 to October 1, 2006.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

2.   Berkeley Marina Ordinance Revisions and Updates (PDF, 138 KB) (First reading June 20, 2006Unanimous)

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Chapter 6.20 Sections 010 (Definitions); 040 (Berth rates and service charges); 080 (Care in berthing vessels); 090 (Registration and numbering – Furnishing information to the Harbormaster) 100 (Accident reports); 180 (Prohibited Activities); 190 (Cruising vessels used as a residence); 200 (Residential Houseboats); 280 (San Francisco Bay Conservation and Development Commission Permit); 290 (Notice); 320 (Appeals) and 330 (Charter Vessels).

Financial Implications: None

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6740

3.   Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (PDF, 79 KB) (First reading June 20, 2006.  Noes – Spring, Olds and Worthington)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23 amending Berkeley Municipal Code (BMC) Title 23F.04.010 and 23D.12.080.

Financial Implications: None

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

4.   Tobacco Prevention Policies (PDF, 59 KB) (First reading June 20, 2006Unanimous)

From: Community  Health Commission

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.62.040 to expand the places free sampling of tobacco and distribution of tobacco coupons are prohibited to include any place open to the public and to apply it to anyone engaged in such activities.

Financial Implications: See report

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

5.   Minutes for Approval (PDF, 485 KB)

From: City Manager

Recommendation: Approve the minutes for the  Council meetings of March 20,  2006 (closed), April 25, 2006 (special), May 8, 2006 (closed), May 15, 2006 (closed), May 16, 2006 (special and regular), and May 23, 2006 (special and regular).

Financial Implications: None

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

6.   Contract: Downtown Berkeley YMCA (PDF, 141 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 $248,310 for fitness center memberships for City employees for the period July 1, 2006 through June 30, 2007.

Financial Implications: Payroll Deduction Trust Fund - $248,310

Contact: Phil Kamlarz, City Manager, 981-7000

7.   Establishing the Maximum Household Income Level for Exemption From Local Taxes and Specified Fees at $33,500 (PDF, 145 KB)

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 local taxes and specified fees at $33,500 effective July1, 2006; and rescinding Resolution Nos. 59,042-N.S; 55,966-N.S., 57,041-N.S., 55,981‑N.S., 55,998-N.S.; and 54,765-N.S and all resolutions amendatory.

Financial Implications: See report

Contact: Frances David, Finance, 981-7300

8.   Formal Bid Solicitations and Request for Proposals (PDF, 208 KB)

From: City Manager

Recommendation: Approve a request for proposal for towing services that will be, or is planned to be, issued upon final approval by the Police Department.

Financial Implications: General Fund - $30,000

Contact: Fran David, Finance, 981-7300

9.   MOU: ABAG/Bay Area Regional GIS Council Servers (PDF, 353 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Association of Bay Area Governments (ABAG) to host a pair of public facing servers to provide Geographical Information Systems (GIS) data from the nine county bay area region to the public and agencies of the region. 

Financial Implications: None

Contact: Chris Mead, Information Technology, 981-6500

10. Contract: Food Services at Berkeley Tuolumne Camp (PDF, 123 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract for food services at City of Berkeley's Tuolumne Camp in an amount not to exceed   $1,000,000 for the period June 21, 2006 through June 30 2008, subject to the City's annual budget appropriation process.

Financial Implications: Playground Camps Fund - $1,000,000

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

11. Contract: Janitorial Services (CF 51-04) (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Township Building Services, Inc., for janitorial services at the North, South, and West Berkeley Senior Centers and increasing the contract amount by $52,000 for a total not to exceed amount of $283,200 for the term July 1, 2004 to June 30, 2007.

Financial Implications: FY 2007 Building Maintenance Fund - $52,000

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

12. Support Assembly Bill 32 - Climate Protection Act of 2006 (PDF, 250 KB)

From: Mayor Bates

Recommendation: Support Assembly Bill 32 (Pavley) - The California Climate Act of 2006 and notify the legislature of the City’s position.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

13. City Sponsorship of the 32nd Annual Solano Stroll (PDF, 119 KB)

From: Councilmember Capitelli

Recommendation: That the city co-sponsor the 2006 Solano Stroll to be held on Solano Avenue on Sunday, September 10, 2006 and that the Council give permission for use of the name, the  City of Berkeley, and the City’s logo in media coverage of the Solano Avenue Stroll.  This includes print, internet, radio and television media.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

14. Oppose Senate Bill 1627 – Wireless Telecommunication Facility Bill (PDF, 168 KB)

From: Councilmember Maio

Recommendation: Send a letter of opposition to SB 1627 – Wireless Telecommunication Facilities Bill – to Governor Arnold Schwarzenegger, Senator Don Perata, and Assembly member Loni Hancock.

Financial Implications: None

Contact: Linda Maio, Councilmember District 1, 981-7110

15. Reaffirm Support for S.809/H.R. 1652 Access to Legal Pharmaceuticals Act to Ensure Pharmacies Fill All Prescriptions (PDF, 79 KB)

From: Councilmember Worthington

Recommendation: Council reaffirm its support for the access to Legal Pharmaceuticals Act (“ALPhA”: S.809/H.R. 1652) and urge Senator Diane Feinstein to join the list of co-sponsors for the Senate Bill.

Financial Implications: None

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

16. Worker Retention Ordinance (PDF, 79 KB)

From: Councilmember Worthington

Recommendation: Refer to the City Manager the drafting of a worker retention ordinance for the City of Berkeley.

Financial Implications: None

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

 

Action Calendar - Presentation

17. Presentation to Council by Maddy Oden on the Off-Label Use of the Drug, Cytotec (PDF, 276 KB)

From: Councilmembers Maio and Anderson

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Max Anderson, Councilmember District 3, 981-7130

 

Action Calendar – Old Business

18. Update: Review of U.C. Berkeley Southeast Campus Integrated Projects Draft Environmental Impact Report (PDF, 116 KB) (Held over from June 13 and 20, 2006)

From: City Manager

Recommendation: That the City Council give staff input on the University of California’s May 8, 2006 Draft Environmental Impact Report for the Southeast Campus Integrated Projects (SCIP) including the California Memorial Stadium Seismic Corrections, other modifications to the stadium and a new Student Athlete High Performance Center, the 911 space parking garage below a modified Maxwell Family Field, and the School of Law/Haas Business school joint building.

Fiscal Implications: See report

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

 

Action Calendar - Budget

19. Adoption of the FY 2007 Budget 

From: City Manager

a.   Adoption of Budget (PDF, 7 MB)

Recommendation: Adopt a Resolution adopting the FY 2007 Budget as contained in the City Manager’s FY 2007 Proposed Mid-Biennial Budget Update and Revised Work Plan, presented on May 16, 2006 and as amended by Council;

1.      Authorize the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2007, as reflected in Attachment A, and as amended by Council.

2.      Approve the Telegraph Avenue Plan as reflected in Attachment B.

3.      Approve a 25-cent per hour increase of parking meter rates effective January 2007.

4.      Adopt a citywide Traffic Calming Policy as discussed in Attachment C; and

5.      Adopt the City Manager’s responses as resolution of audit recommendations detailed in Attachment D.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

b.   Mayor’s FY 2007 Budget Recommendations dated June 19, 2006 (PDF, 103 KB)

Recommendation: Adopt the City Manager’s FY 2007 Proposed Mid-Biennial update with the revisions contained in the Mayor’s report dated June 19, 2006.

Financial Implications: See report.

Contact: Tom Bates, Mayor, 981-7100

c.   Annual Appropriations Ordinance (PDF, 640 KB)

Recommendation: Adopt first reading of the FY 2007 Annual Appropriations Ordinance.

Financial Implications: See report

Contact: Tracy Vesely, City Manager, 981-7000.

20. FY 2007 Tax Rate:  Library Services Tax (PDF, 150 KB)

From: City Manager

Recommendation: Adopt first 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

21. FY 2007 Tax Rate:  Measure S General Obligation Bonds (Election of 1996) (PDF, 152 KB)

From: City Manager

Recommendation: Adopt first 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

22. FY 2007 Tax Rate:  Fund the Maintenance of Parks, City Trees and Landscaping (PDF, 140 KB)

From: City Manager

Recommendation: Adopt first 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

23. FY 2007 Tax Rate:  Disaster Fire Protection (Measure Q) (PDF, 140 KB)

From: City Manager

Recommendation: Adopt first 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

24. FY 2007 Tax Rate:  Fund the Provision of Emergency Medical Services (PDF, 140 KB)

From: City Manager

Recommendation: Adopt first 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

25. FY 2007 Tax Rate:  Emergency Services for the Severely Disabled (PDF, 140 KB)

From: City Manager

Recommendation: Adopt first 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

26. FY 2007 Tax Rate:  Fire Seismic General Obligation Bonds (Measure G, Series C) and 2002 General Obligtion Refunding Bonds (PDF, 152 KB)

From: City Manager

Recommendation: Adopt first 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

27. Appropriations  Limit for FY 2007 (PDF, 342 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing the appropriations limit at $149,783,257 for FY 2007 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Financial Implications: None

Contact: Frances  David, Finance, 981-7300

28. Temporary Appropriations FY 2007 (PDF, 139 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2006, until the effective date of the FY 2007 Annual Appropriations Ordinance.

Financial Implications: See report

Contact: Frances  David, Finance, 981-7300

29. Budget Allocation from the Mayor’s Office (PDF, 121 KB)

From: Mayor Bates

Recommendation: Approve the expenditure of $11,000 in FY06 funds from the Mayor’s Office budget to the Berkeley Alliance to fund the Berkeley Champions for Kids program and a Project BUILD summer math tutoring program at King Middle School.

Financial Implications: $11,000 from the Mayor’s FY 2006 office budget (no impact on the general fund.)

Contact: Tom Bates, Mayor, 981-7100

Action Calendar – New Business

30. Review of Council Procedures for Public Input at Council Meetings (PDF, 6 MB)

From: City Manager

Recommendation: 1) Review existing Council procedures and practices concerning public input at Council meetings; 2) Consider whether and how to amend them; and 3) Determine the process to be followed to consider and decide these questions.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

31. Amendments to Telephone Users Tax Ordinance (PDF, 693 KB)

From City Manager

Recommendation:  Adopt first reading of an ordinance amending Berkeley Municipal Code (BMC) Sections 7.70.020 and 7.70.050.

Financial Implications: No change in coverage or rate of tax.

Contact: Manuela Albuquerque, City Attorney, 981-6950

32. 2116 Allston Way, Gaia Building:  Implementation of Cultural Use Requirements (PDF, 235 KB)

From: City Manager

Recommendation: Accept the June 13, 2006 letter from Panoramic Interests as the implementation plan to prioritize cultural uses at the Gaia Arts Center and direct staff to report back to the City Council on the schedule of events in six months.

Financial Implications: See report

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

Action Calendar – Ballot Measures

33. Ballot Measure: Adopting a Resolution Placing a Charter Amendment Related to Filling a Vacancy on the Rent Stabilization Board on the November 7, 2006 Ballot (PDF, 165 KB)

From: City Manager

Recommendation: Review the ballot title, text and analysis prepared by the City Attorney and adopt a Resolution placing a charter amendment related to filling a vacancy on the Rent Stabilization Board on the November 7, 2006 ballot.

Financial Implications: See report

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

34. Ballot Measure: Impeachment of President and Vice President (To be delivered)

a.   From: Peace and Justice Commission (PDF, 71 KB)

Recommendation: Adopt a Resolution placing an advisory measure on the November 7, 2006 ballot calling for impeachment of President George W. Bush and Vice President Richard B. Cheney.

Financial Implications: Costs resulting from placement of this ballot measure on the November ballot.

Contact: Manuel Hector Jr., Secretary, Peace and Justice Commission, 981-5110

b. From: City Manager  (PDF, 184 KB) (To be delivered)

Recommendation:  The City Manager recommends against placing this measure on the November 2006 ballot and advises against the creation of a new advisory body.

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

35. Oral Report from Fair Campaign Practices Commission Regarding Placement of a Public Financing of Elections Measure on the November 2006 Ballot

From: City Manager

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

 

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.

West Berkeley Bowl - 920 Heinz Avenue

1.      Steve Smith

Train Whistles

2.      Victor Bluestone

Livermore Nuclear Weapons Lab

3.      Leuren Moret

Decline in Commercial Districts

4.      Robin Wright

Vehicle Accidents

5.      Charles L. Smith

 

Adjournment