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Regular
Meeting eSummary |
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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:
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summary-minutes
Berkeley
City Council meeting
TUESDAY, JULY 10, 2007
Council
Chambers – 2134 Martin Luther King Jr. Way
Teleconference
Location – 1636 Channing Way, Berkeley, CA
Preliminary Matters
Roll Call: 7:00 p.m. All present.
Ceremonial Matters: None
Public Comment on Consent Calendar Items Only – None
Consent Calendar
Action: M/S/C (Maio/Anderson) to adopt Consent Calendar in
one motion except as indicated (1) moved Item 26 Sewer Service Fees from Action
Calendar to Consent Calendar (no public hearing required) (2) moved Item 33
League of California Cities Annual conference voting delegates from Action
Calendar to Consent Calendar:
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
Action: Adopted
second reading of Ordinance No. 6,987–N.S. (PDF,
618 KB) Effective date August 9, 2007.
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 taxable improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted
second reading of Ordinance No. 6,988–N.S. (PDF,
45 KB) Effective date August 9, 2007.
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
Action: Adopted second reading of Ordinance No.
6,989–N.S. (PDF, 49 KB)
Effective date August 9,
2007.
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
Action: Adopted second reading of Ordinance No.
6,990–N.S. (PDF, 47 KB)
Effective date August 9,
2007.
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 taxable improvements.
Financial Implications: Disaster Fire Protection-Measure
Q - $998,742 revenue
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No.
6,991–N.S. (PDF, 47 KB)
Effective date August 9,
2007.
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
Action: Adopted second reading of Ordinance No. 6,992–N.S. (PDF, 52 KB) Effective date August 9, 2007.
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
Action: Adopted second reading of Ordinance No. 6,993–N.S. (PDF, 50 KB) Effective date August 9, 2007.
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 taxable improvements to fund the provision of
emergency medical services to Berkeley residents.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No.
6,994–N.S. (PDF, 45 KB)
Effective date August 9,
2007.
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
Action: Adopted
Resolution No. 63,762–N.S. (PDF, 45 KB)
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
Action: Adopted
Resolution No. 63,763–N.S. (PDF, 119 KB)
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
Action: Adopted
Resolution No. 63,764 –N.S. (PDF, 43 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
Action: Approved
recommendation.
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
Action: Adopted
Resolution No. 63,765–N.S. (PDF, 40 KB)
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
Action: Adopted
first reading of Ordinance No. 6,995–N.S.
Second reading scheduled for July 17, 2007.
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
Action: Adopted
Resolution No. 63,766–N.S. (PDF, 86 KB)
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
Action: Adopted
Resolution No. 63,767–N.S. (PDF, 40 KB)
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
Action: Adopted
Resolution No. 63,768–N.S. (PDF, 56 KB)
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 increasing the contract by $2,076,222 in FY
2008 and extending the contract term to June 30, 2008, for a total contract
amount not to exceed $5,186,166 for Fiscal Years 2006 through 2008.
Financial Implications: Refuse Fund - $2,076,222
Contact: Claudette Ford, Public Works,
981-6300
Action: Adopted
Resolution No. 63,769–N.S. (PDF, 55 KB)
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
Action: Adopted
Resolution No. 63,770–N.S. (PDF, 40 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
Action: Adopted
Resolution No. 63,771–N.S. (PDF, 47 KB)
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
Action: Adopted
Resolution No. 63,772–N.S. (PDF, 46 KB)
Council Consent Items
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: Adopted
first reading of Ordinance No. 6,996–N.S.
Second reading scheduled for July 17, 2007.
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
Public Testimony: The Mayor opened the public hearing.
41 speakers. M/S/C (Anderson/Moore) to
close the public hearing.
Action: M/S/C (Anderson/Maio) to continue deliberation and
action to 6:00 p.m., Tuesday, July 17, 2007.
RECESS 8:51 – 9:05
p.m. Worthington absent.
PUBLIC HEARING ITEMS 24 THROUGH 30 COMBINED. Mayor
Bates opened the hearings. There were
no speakers. M/S/C (Moore/Maio) to
close the public hearings. M/S/C
(Maio/Wozniak) to approve recommendations.
Absent – Worthington.
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
Action: Resolution No. 63,773–N.S.
(PDF, 43 KB)
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
Action: Resolution No. 63,774–N.S.
(PDF, 14 MB)
26.
Sewer Service Fees (PDF, 272 KB)
From:
City Manager
Recommendation:
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,
981-63003
Action: Moved to Consent Calendar and adopted Resolution No.
63,775–N.S. (PDF, 234 KB)
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
Action: Resolution No. 63,776–N.S.
(PDF, 31 KB)
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
Action:
Resolution No. 63,777–N.S. (PDF, 66 KB)
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 a Resolution:
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
Action: Resolution No. 63,778–N.S.
(PDF, 373 KB)
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 21 and 22 of the Resolution.
Financial Implications: Refuse Fund - Approximately
$750,000 revenue
Contact: Claudette Ford, Public Works, 981-6300
Action: Resolution No. 63,779–N.S.
(PDF, 62 KB)
WORTHINGTON PRESENT
RECESS
10:10 – 10:18 P.M. Councilmembers
Wozniak and Capitelli recused on Item No. 31
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
Public
Comment: 31
M/S/C
(Worthington/Maio) extend meeting to 11:15 p.m. Abstain – Olds; Absent –
Capitelli, Wozniak.
M/S/
(Worthington/Spring) substitute motion to remand back to ZAB. Ayes – Anderson, Spring, Worthington; Noes –
Maio, Moore, Bates; Abstain – Olds; Absent – Capitelli, Wozniak.
Action:
M/S (Maio/Anderson) main motion to set a public hearing. Ayes – Maio, Anderson, Spring, Worthington;
Noes – Olds, Bates; Abstain – Moore; Absent – Capitelli, Wozniak. The decision of the Zoning Adjustments Board
is deemed approved by operation of the law.
Action
Calendar – New Business