Regular Meeting eAgenda
July 18
, 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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 18, 2006

7:00 P.M.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 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.   FY 2007 Annual Appropriations Ordinance (PDF, 287 KB) (First reading July 11, 2006 – Unanimous)

From: City Manager

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

Financial Implications: See Report

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

2.   Standard Placards to Indicate the Condition of a Structure for Continued Occupancy (PDF, 78 KB) (First reading July 11, 2006 – Unanimous)

From: City Manager

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

Financial Implications: None

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

3.   Parking Exemptions for City CarShare Vehicles Used for City Business (PDF, 69 KB) (First reading July 11, 2006 – Unanimous)

From: City Manager

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

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

4.   Pay-and-Display Dispensing Machine Ticket Display Guidelines (PDF, 80 KB) (First reading July 11, 2006 – Unanimous)

From: City Manager

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

Financial Implications: See report

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

5.   Landmarks Preservation and Zoning Ordinances (PDF, 281 KB) (First reading July 11, 2006 – Noes – Olds, Worthington; Abstain – Spring)
From: City Manager

Recommendation:: 1) Adopt second reading of an Ordinance revising the City’s Landmarks Preservation Ordinance (Berkeley Municipal Code (BMC) Chapter 3.24; 2) Adopt second reading of associated amendments to the Zoning Ordinance (BMC Title 23); and 3) Repeal BMC Chapter 19.20 related to suspension and review of permits to demolish non-residential buildings over 40 years old.     

Financial Implications:

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

6.   Contract: Legislative Representation Services (PDF, 226 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lynn M. Suter & Associates to provide the City with legislative representation services in Sacramento from July 1, 2006 to June 30, 2007, in an amount not to exceed $49,970.

Financial Implications: General Fund - $49,970

Contact: Phil Kamlarz, City Manager, 981-7000

7.   South Berkeley Revolving Loan Fund Certification (PDF, 145 KB)

From: City Manager

Recommendation: Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: See Report

Contact: Thomas A. Myers, Acting Manager of Economic Development, 981-7500

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

From: City Manager

Recommendation: Approve request for proposals (RFP) that will be, or are planned to be, issued upon final approval by the requesting department.

Financial Implications: Capital Improvement Fund - $1,200,000

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

9.   Purchase Order: Office Supplies (PDF, 149 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into purchase orders with Office Depot to supply all miscellaneous office supplies and  100% recycled processed chlorine-free (PCF) copy paper for a period of 3 years from July 1, 2006 through June 30, 2009, in an amount not to exceed $550,000 per year.

Financial Implications: See report

Contact: Fran David, Finance, 981-7200

10. Combating Alcohol and Other Drug Problems (PDF, 455 KB)

From: City Manager

Recommendation: Adopt a Resolution generally supporting the analysis in the report, 1) City of Berkeley Taking the Lead in Combating Alcohol and Other Drug Problems and 2) directing the City Manager to analyze the feasibility of implementing some or all of the recommendations in the report to develop an implementation plan, and report to the Council in December 2006.

Financial Implications: Unknown

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

11. Contract:  Legal Advisory Services (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by $100,000 for a new contract amount not to exceed $219,950 and expiring when services are no longer required.

Financial Implications: General Fund - $100,000

Contact: Stephen Barton, Housing, 981-5400

12. Contract: Supplementary Retirement and Income Plan Self Directed Investment Account Third Party Administrator (PDF, 155 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Prudential Insurance Company of America (Prudential) to provide administrative services for the Supplementary Retirement and Income Plan (SRIP) Self Directed Investment Account.

Financial Implications: None

Contact: David W. Hodgkins, Human Resources, 981-6800

13. Donation: Aquatics Equipment (PDF, 143 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a cash donation from the United Pool Council (UPC) in the amount of  $5,600 and an equipment donation valued at $3,060.

Financial Implications: See report

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

14. Off-street Parking in Required Yards on Residential Lots (PDF, 191 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23 to: 1) allow by-right one new parking space within a required side yard so long as the parking area is a permeable surface approved by the Public Works Department and Office of Transportation, vegetative screening is provided, and the impact on usable open space is minimized; 2) require an Administrative Use Permit (AUP) for new uncovered parking spaces in front and rear yards on residential lots, except when the space is for a by-right Accessory Dwelling Unit and not in the front yard; 3) revise the definition of “yard” to no longer prohibit parking in required yards; and 4) expand screening requirements for uncovered parking in rear yards, eliminate landscaping requirements along shared driveways, and clarify the intent and organization of the parking regulations.

Financial Implications: See report

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

15. Purchase Order: Telephone Directory Advertising (PDF, 162 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with SBC Smart Yellow Pages to advertise refuse collection and recycling services in an amount not to exceed $34,437 for  FY 2007.

Financial Implications: Various Funds - $34,437

Contact: Claudette Ford, Public Works, 981-6300

16. Contract: FY 2006 Curb Ramp Installation Project (PDF, 202 KB)

From: City Manager

Recommendation: Adopt a Resolution to: 1) approve plans and specifications for FY 2006 Curb Ramp Installation; 2) reject all bids submitted on March 30, 2006 and re-scope the project and re-advertise for bids; 3) accept the bid of AJW, Inc., submitted on April 20, 2006; and 4) authorize the City Manager to execute a contract and any amendments, in an amount not to exceed $284,900 for a period of 120 calendar days for the period August 1, 2006 to December 1, 2006.

Financial Implications: Community Development Block Grant - $284,900

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

17. Contract: Transit Benefits Program Administrator (PDF, 155 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments in an amount not to exceed $82,735 for the period of October 1, 2006 through September 30, 2009 to Conexis Benefits Administrators to administer the Transit Benefits Program for employees; and for options to extend the contract for two additional one-year periods up to a maximum of five years, at the City's discretion, for a total contract amount not to exceed $134,400.

Financial Implications: See report

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

18. Lease:  2434 Durant Avenue (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Liaqat M. Choudary for 2434 Durant Avenue in the Telegraph Channing Shops, formerly known as Sather Gate Garage Shops, for the purpose of operating a dollar-style variety store.

Financial Implications: Off Street Parking Fund - $131,616 Revenue

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

19. Lease: 2432 Durant Avenue (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Kwi Ja Chon at 2432 Durant Avenue, Telegraph Channing Shops, formerly known as Sather Gate Garage Shops, for the purpose of operating a shoe repair shop.

Financial Implications: Off Street Parking Fund - $181,764 Revenue

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

20. Contract: On-Call Traffic Engineering Services (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Korve Engineering for on-call traffic engineering services, increasing the amount by $50,000 for a new contract total amount not to exceed $90,000, and extending the term of the contract through October 31, 2007.

Financial Implications: Bike Plan Implementation Fund and Traffic Calming  Fund - $50,000

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

21. Contract: Security Guard Services (PDF, 256 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) accepting the bid of Securitas Security Services USA, Inc.; 2) authorizing the City Manager to execute a contract and any amendments with Securitas Security Services USA, Inc., for security guard services at the Corporation Yard and Solid Waste Management Center for the period September 1, 2006 to June 30, 2007 for an amount not to exceed $170,375; and 3) approving options to extend the contract for two additional one-year periods with the amounts to be adjusted pursuant to the Consumer Price Index (CPI).

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

22. Final Tract Map  7696: 1406 San Pablo Avenue (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final Tract Map 7696, an eight-unit residential and commercial condominium located at 1406 San Pablo  Avenue.

Financial Implications: See report

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

23. Speed Limit Reductions on Claremont Ave and Eastshore Highway (PDF, 163 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 14.24.150 and 14.24.220 to reduce the speed limit on Frontage Road between Hearst Avenue and Gilman Street from 40 mph to 35 mph and on Claremont Avenue between Ashby Avenue and Oakland city limit from 30mph to 25mph.

Financial Implications: Measure B Local Streets and Roads Fund - $3,000

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

 

Action Calendar – Appeal

24. 1201 San Pablo Avenue / 1100 Harrison Street

a.   From: City Manager (PDF, 34 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 05-10000029 to construct a 30-unit, mixed-use project, and dismissing the appeal.

Financial Implications: None

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

b.      Appeal

1.      Susan Pinto and Kain/Stannage Neighbors who also join in the appeal. (PDF, 965 KB)

c.   Communications

1.   James E. Hart (PDF, 290 KB)

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will  be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Action Calendar – Public Hearing

25. Telegraph Property And Business Improvement District (PDF, 1 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2006 and levying assessments in the District for FY 2007.

Financial Implications: See report

Contact: Thomas A. Myers, Acting Manager of Economic Development, 981-7500

26. In-Lieu Fees for Inclusionary Condominium Units (PDF, 1 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 23C.12 by adding Section 23C.12.035 allowing an in-lieu fee in place of providing otherwise required inclusionary condominiums.

Financial Implications: See report

Contacts: Stephen Barton, Housing, 981-5400 and Dan Marks, Planning and Development, 981-7400

27. Transportation Services Fee (CF 69-01)

a.   From: City Manager (PDF, 364 KB) (continued from July 11, 2006)

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

Financial Implications: See report

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

b.      From: City Manager

Supplemental Materials (July 11, 2006)

1.                  Revised Resolution (PDF, 512 KB)

2.                  Fact Sheet (PDF, 227 KB)

3.                  Nelson/Nygaard Consulting Associates (PDF, 1 MB)

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

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

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

Financial Implications: Unknown

Contact: Peter Hillier, Commission Secretary, 981-6300

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

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

Contact: Carli Paine, Commission Secretary, 981-7403
 

Action Calendar – Old Business

28. Implementation of Council Expense Reimbursement Policy Under AB 1234 (PDF, 249 KB) (held over from July 11, 2006)

From: City Manager

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

Fiscal Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950
 

Action Calendar – New Business

29. Worker Retention (PDF, 48 KB) (to be delivered)

From:  City Manager

Recommendation:  Adopt first reading of an Ordinance to establish a requirement that whenever there is an ownership change in a business entity of specified employers within the Marina Zone, the successor entity must retain specified employees for at least ninety days.

Financial Implications:  See report.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

30. Voting Delegates-League of California Cities (PDF, 306 KB)

From: City Manager

Recommendation: Designate a voting delegate and alternate for  the business meeting of the Annual League of California Cities meeting to be held on Saturday, September 9, 2006, at the San Diego Convention Center in San Diego, California and direct the City Clerk to forward  the name of the delegate and alternate to the League no later  than August 15, 2006.

Financial Implications: Conference fees - $485 full conference; $300 one-day pass

Contact: Phil Kamlarz, City Manager, 981-7000
 

Election Matters

31. Ballot Measure: Impeachment of President Bush and Vice President Cheney (PDF, 178 KB)

From: City Manager

Recommendation: Review the ballot title, text and analysis prepared by the City Attorney and adopt a Resolution placing an advisory measure calling for the impeachment of President Bush and Vice President Cheney on the November 7, 2006 ballot.

Financial Implications:  General Fund - $10,000.

Contact:  Sherry M. Kelly, Acting City Clerk, 981-6900

32. Ballot Measure: Greenhouse Gas Emissions (PDF, 178 KB)

From: City Manager

Recommendation:  Review the ballot title, text and analysis prepared by the City Attorney and adopt a Resolution placing an advisory measure supporting aggressive efforts to reduce greenhouse gas emissions on the November 7, 2006 ballot.

Financial Implications:  General Fund - $10,000.

Contact:  Sherry M. Kelly, Acting City Clerk, 981-6900

33. Ballot Measure: Warm Water Pool (PDF, 207 KB) (to be delivered)

From:  City Manager

Recommendation:  Discuss options to provide funding needed to build a new warm water pool, including putting a measure on the ballot for a future special election or certificates of participation.

Financial Implications:  See report.

Contact:  Phil Kamlarz, City Manager, 981-7000

34. Ballot Measure: Conversion of Rental Units to Condominiums (PDF, 103 KB)

From:  Councilmember Spring

Recommendation: Consider placing a Council approved Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.050 to allow conversion of rental units to condominiums with payment of an affordable housing mitigation fee and protection of sitting tenants on the November ballot.  .

Financial Implications: None

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

35. Conversion of Rental Units to Condominiums (PDF, 123 KB)

From:  Councilmembers Worthington and Anderson

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.050 prohibiting the conversion of rental units to condominiums for five years for specific terminations of tenancy and requiring notice to tenants regarding their rights before a request for allocation is filed with the City.

Financial Implications:  None

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

36. Impact Report:  Initiative amending Berkeley Municipal Code Chapter 21.28 to Encourage and Regulate Conversion of a Limited Number of Rental Units to Condominiums (PDF, 2 MB) (to be delivered)

From: City Manager

Contact:  Stephen Barton, Housing, 981-5400

 

Information Reports

37. Use of Biodiesel  Fuel (PDF, 135 KB)

From: City Manager

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

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.

Ballot Measure: Impeachment of President and Vice President

1.      Glenn Hernandez

2.      Charlie Jacob

Pedestrian Safety in College Avenue Neighborhoods

3.      Anne Whyte

  

Adjournment