Agenda Committee Item #5
Council Draft Agenda - May 25, 2004

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 25, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
 

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.
 

Presentation

1.      Presentation: Berkeley Rental Housing Market from a Student Perspective

From: Councilmember Wozniak

Recommendation:  Presentation of fifteen minutes by three student interns focusing on the status of the rental housing market in Berkeley.

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

 

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.

2.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for meeting of May 10, 2004.

Contact:  Sherry Kelly, City Clerk, 981-6900

3.      Ballot Measure: Annual General Adjustments of Rent Ceilings

From: City Manager

Recommendation:  Adopt a Resolution placing a measure on the November 2, 2004 ballot to amend the Rent Stabilization and Eviction for Good Cause Ordinance, Berkeley Municipal Code (BMC) Section 13.76.110, related to Annual General Adjusments of Rent Ceilings.

Financial Implications: Rent Board Fund –$15,000-20,000 annual cost savings; City Clerk Department – $5,000-10,000 to place on ballot.

Contact: Sherry Kelly, City Clerk, 981-6900

4.      Enforcement of Smoking Pollution Control Ordinance

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, Smoking Pollution Control, by adding Section 12.70.120.F relating to Police Department enforcement.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Roy Meisner, Police, 981-5700

5.      Time Limits for Spay/Neuter of Feral Cats (CF 06-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 10.04.088 to require persons choosing to feed or shelter feral cats to work effectively toward spaying/neutering the entire colony, make documentation of spay/neuter procedures available to Animal Control every two weeks, and spay/neuter 90% of the colony within three months and 100% within five months.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

6.      Elimination of Community Service Program

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to eliminate community service as an option of in lieu of payment for parking citations, due to the loss of revenue and the required staffing to manage the program.

Financial Implications:  $275,000 annual revenue.

Contact: Fran David, Finance, 981-7300

7.      Formal Bid Solicitations and Requests for Proposals

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds – $400,000.

Contact: Fran David, Finance, 981-7300

8.      Purchase Order: Emergency Medical Supplies

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Bound Tree Medical to purchase emergency medical supplies for the Fire Department from July 1, 2004 to June 30, 2005, with an option to extend for an additional period up to a maximum of five years, in an amount not to exceed $110,000 annually.

Financial Implications: Paramedic Fund - $110,000.

Contact: Reginald Garcia, Fire, 981-5500

9.      Alternative Transportation for Residents with Disabilities and Senior Residents

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the 12-month Measure B program plan to continue support and operation of the services currently in place as well as the new Medical Return Trip Improvement Program (MRTIP) for the alternative transportation of residents with disabilities and senior residents; and 2) authorizing the City Manager to transmit the plan and 12-month claim in the amount of $177,203 for Measure B annual pass-through funds and $72,083 in Gap Funds for use during FY 2005 to the Alameda County Transportation Improvement Authority and to deposit the grant revenue.

Financial Implications: Measure B Funds – $177,203; Gap Funds – $72,000.

Contact: Stephen Barton, Housing, 981-5400

10.  Parking Mitigation Measures for Parking Enforcement Officers (CF 08-04)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 56,508–N.S. by creating 16 on-street preferential permit parking spaces for Parking Enforcement Officers (PEOs) at assigned locations and hours. The general public will have use of the 16 parking spaces during excluded days and time periods.

Financial Implications: Traffic Maintenance Budget – $1,000.

Contact: Roy Meisner, Police, 981-5700

11.  Contract: Janitorial Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Township Building Services, Inc. for janitorial services at the Public Safety Building and other buildings for the period July 1, 2004 through June 30, 2005 in an amount not to exceed $100,000; and approve options to extend the contract for three additional one-year periods in an amount not to exceed $105,000 for FY 2006, and $110,000 per year for FY 2007 and FY 2008 up to a maximum of four years at the City’s discretion.

Financial Implications: Building Maintenance Fund – $105,000 for FY 2005.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Contract: Transfer Station Remodel

From: City Manager

Recommendation:  Adopt a Resolution: 1) allocating $526,000 from the Refuse Fund for inclusion in the Transfer Station Remodel Project; 2) authorizing the City Manager to execute an amendment to the contract with Valentine Corporation, for the Transfer Station Remodel Project, increasing the amount by $458,225 for a total not to exceed $1,550,000; and 3) extending the term from April 30, 2004 to August 31, 2004.

Financial Implications: Refuse Fund and Alameda County Waste Management Grant - $458,225.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  Final Tract Map of Five-Unit Condominium Project

From: City Manager

Recommendation:  Adopt a Resolution approving a five-unit condominium project consisting of two dwelling units and three live-work units located at 2709 Tenth Street.

Financial Implications:

Contact: Rene Cardinaux, Public Works, 981-6300

14.  Union Pacific Noise (PDF, 507 KB)

From: Councilmember Maio

Recommendation:  Direct the City Manager to make a formal request to Union Pacific to mitigate excessively loud and long horn blowing by their trains, particularly at night.

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

15.  Fee Waiver: Himalayan Fair (PDF, 55 KB)

From: Councilmembers Maio and Spring

Recommendation:  Adopt a Resolution waiving fees for two 20-yard dumpsters for the Himalayan Fair.

Financial Implications: $500-$1,000 per dumpster.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Dona Spring, Councilmember District 4, 981-7140

16.  Detoxification Facility in Alameda County

a.      From: Human Welfare Community Action Commission (PDF, 215 KB)

Recommendation:  Send a letter to the President of the Alameda County Board of Supervisors urging the Alameda County Health Care Services Agency to utilize a portion of new funding through the passage of Measure A for the creation and operation of a detoxification facility in Alameda County.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Stephen Barton, Housing, 981-5400

17.  Filling Vacancies Among the Elected Representatives of the Poor

a.      From: Human Welfare Community Action Commission (PDF, 175 KB)

Recommendation:  Adopt a Resolution confirming the appointment of Ms. Theda M. McNeal and Ms. Karen Hata to fill vacancies among the elected representatives of the poor that exist on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives at the HWCAC April 7, 2004 meeting.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Stephen Barton, Housing, 981-5400


Action Calendar – Appeals

18.  2300 Shattuck Avenue (Longs Drugs) - Denial of a Use Permit to Allow the Retail Sales of Alcoholic Beverages

a.      From: City Manager

Recommendation:  Adopt a Resolution affirming the Zoning Adjustment Board’s denial of a Use Permit (one of several permits under case #03-10000077) to allow the alcoholic beverage retail sales at Longs Drugs, 2300 Shattuck Avenue, and dismissing the appeal.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Chris Finn on Behalf of Longs Drugs

19.  1340 Sixth Street - Denial of Use Permits to Allow Construction and Operation of a Warehouse and Demolition of a Duplex

a.      From: City Manager

Recommendation:  Adopt a Resolution remanding Use Permit #02-10000026 to the Zoning Adjustments Board to consider new information submitted by the applicant regarding denial by the Zoning Adjustments Board to approve use permits to allow construction and operation of a warehouse and demolition of a duplex.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Edward J. Levitch, AIA on Behalf of Ken David

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.


Old Business

20.  Quarterly Report on Employee Safety and Workers' Compensation (CF 07-04)(Held over by Councilmember Wozniak from April 20, 2004)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

21.  Support Resolution “Welcome Home Veterans” (PDF, 55 KB) (held over from April 20, 2004 by Councilmember Worthington)

From: Councilmember Worthington

Recommendation:  Support Resolution “Welcome Home Veterans”, acknowledging and honoring several people from different City departments as well as Berkeley residents who served in Afghanistan and Iraq.

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


Action Calendar – Ballot Measures

22.  Ballot Measure:  Public Financing of Elections (CF 32-04)

From: City Manager

Recommendation:  Provide comments to the City Attorney on the text, title and City Attorney’s analysis of a ballot measure (charter amendment) for the November 2004 ballot to provide for public financing of elections.

Financial Implications: Fair Elections Fund – $1.8 million.

Contact: Manuela Albuquerque, City Attorney, 981-6950

23.  Ballot Measure:  Change Date of Mayoral Election (CF 23-04)

From:  City Manager

Recommendation:  Provide comments to the City Attorney on the text, title and City Attorney’s analysis of a ballot measure (charter amendment) for the November 2004 ballot to change the date of the mayoral election to coincide with the presidential election and make conforming changes to the term of the office of mayor.

Contact: Manuela Albuquerque, City Attorney, 981-6950

24.  Ballot Measures:  Revenue Measures

From:  City Manager

Recommendation:  Provide direction to the City Manager and City Attorney for drafting and placement of revenue generating ballot measures on the November 2004 ballot.

Contact:  Arrietta Chakos, City Manager, 981-7000

25.  Ballot Measure:  Amendments to the Rent Stabilization and Eviction for Good Cause Ordinance

a.      From:  4x4 Joint Committee on Housing (PDF, 2 MB)

Recommendation:  Direct the City Attorney to prepare the title, text and analysis of a ballot measure for the November 2004 ballot that would amend Berkeley Municipal Code Chapter 13.76, the Rent Stabilization and Eviction for Good Cause Ordinance as recommended in the report.

Contact:  Stephen Barton, Housing, 981-5410; Jay Kelekian, Rent Board, 644-6128

b.      From:  Rent Stabilization Board (PDF, 260 KB)

Recommendation:  Follow recommendations of the 4x4 Joint Committee on Housing to prepare a ballot measure for the November 2004 ballot that would amend Berkeley Municipal Code Chapter 13.76, the Rent Stabilization and Eviction for Good Cause Ordinance.

Contact:  Stephen Barton, Housing, 981-5410; Jay Kelekian, Rent Board, 644-6128

26.  Ballot Measure:  Off Street Parking Tax

a.      From: Transportation Commission (PDF, 239 KB)

Recommendation:  Place on the November 2004 ballot a general tax measure an increase of the off street parking tax from 10% to 20% effective January 1, 2005.

Financial Implications:

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

Recommendation:  Refer to Council’s discussion regarding ballot measures.

Contact: Peter Hillier, Transportation, 981-7010


FY 2005 and FY 2006 Budget Related Matters

27.  FY 2005 Budget and FY 2006 Budget Reduction Plan

From:  City Manager

Recommendation:  Council discussion and input on FY 2005 Budget and FY 2006 Budget Reduction Plan as proposed by the City Manager.

Contact:  Phil Kamlarz, City Manager, 981-7000

28.  FY 2005 Community Agency Funding

a.      From: Human Welfare Community Action Commission (PDF, 262 KB)

Recommendation:  Adopt a Resolution to make strategic cuts to certain community agencies while maintaining all other funding to community agencies serving low-income individuals and families.

Financial Implications: General Fund – $57,124 savings.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

Recommendation:  Consider commission input along with budget information that will be brought to Council throughout the next several weeks.

Contact: Stephen Barton, Housing, 981-5400

29.  FY 2005 Homeless Funding

a.      From: Homeless Commission (PDF, 239 KB)

Recommendation:  Adopt a Resolution: 1) reaffirming Council’s commitment to maintain funding to homeless programs; and 2) allocating any additional funds to create new permanent housing with supportive services and to assist currently funded agency programs at risk of substantially reducing services.

Financial Implications: General Funds – $1,471,722 (Revenue Neutral)

Contact: Jane Micallef, Secretary, 981-5426

b.      From: City Manager

Recommendation:  Consider commission input along with budget information that will be brought to Council throughout the next several weeks and support a community agency reduction strategy that maintains overall current level of funding to homeless service programs.

Contact: Stephen Barton, Housing, 981-5400


Information Reports

30.  First-Time Homebuyers Assistance Program (CF?)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

31.  Landmarks Preservation Commission Notice of Decision: 2509-13 Telegraph Avenue - Landmark Designation

From: City Manager

Contact: Dan Marks, Planning, 981-7400

32.  Landmarks Preservation Commission Notice of Decision: 2105 Fifth Street - Approval of Structural Alteration Permit

From: City Manager

Contact: Dan Marks, Planning, 981-7400


Communications

 

Adjournment