Regular Meeting eAgenda
May 10
, 2005

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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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 10, 2005

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconferencing 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 the Council Chambers or at the teleconference 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.

Youth Comments: A total of 15 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.      Land Sale: 2114 & 2140 McKinley Avenue (PDF, 98 KB) (First Reading April 26, 2005. Noes–Spring; Abstain–Worthington; Absent–Wozniak)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute all necessary documents required to sell the real property located at: 1) 2140 McKinley Avenue, Berkeley, in the amount of $266,000; and 2) 2114 McKinley Avenue, Berkeley, in the amount of $507,000.

Financial Implications: General Fund Revenue – $773,000.

Contact: Rene Cardinaux, Public Works, 981-6300

2.      Sewer Service Charges For Fiscal Year 2006 (PDF, 12 KB) (First Reading April 26,2005. Noes–Worthington)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 17.04.010, Rates for Designated Premises, and 17.04.015, Appeals.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

3.      Minutes for Approval (PDF, 4 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 11, 2005 (special), April 12, 2005 (special and regular) and April 19, 2005 (regular).

Financial Implications: None.

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

4.      Needle Exchange (PDF, 176 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

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

5.      Second Amendment to the FY 2005 Annual Appropriations Ordinance (PDF, 3 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2005 Annual Appropriations Ordinance No. 6,834–N.S. for fiscal year 2005 based upon recommended re-appropriation of committed FY 2004 funding and other adjustments authorized since July 1, 2004, in the amount of $16,819,075.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

6.      Formal Bid Solicitations and Requests for Proposals (PDF, 229 KB)

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 – $305,635.

Contact: Fran David, Finance, 981-7300

7.      Contract: Low Income Weatherization Program Revenues (PDF, 254 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 for a U.S. Department of Energy Weatherization Assistance Program, in the amount of $24,334 to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville for the period April 1, 2005 through January 31, 2006; 2) approving the Assistance Priority and Limits Plan; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: DOE Weatherization Fund Grant Revenue – $24,334.

Contact: Stephen Barton, Housing, 981-5400

8.      Classification: Recreation and Youth Services Manager (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One employees, to establish the classification of Recreation and Youth Services Manager.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

9.      Delta Dental Plan Rate Decrease and Extension of Contract (PDF, 314 KB)

From: City Manager

Recommendation: Adopt a Resolution approving an 8% decrease in the Delta Dental Plan for coverage groups effective retroactive to January 1, 2005, through December 31, 2005, extending the term of the contract an additional two years, through December 31, 2007, and rescinding Resolution No. 62,750–N.S.

Financial Implications: Benefits Trust Account – $90,000 savings in FY05; $140,000 savings in FY06.

Contact: David Hodgkins, Human Resources, 981-6800

10.  Contract: Design and Engineering Services for Gilman Street Sports Fields Project (PDF, 291 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SFE/Landscape Architects to provide design and engineering services for the Gilman Street Sports Fields project in an amount not to exceed $433,994, which includes a 10% contingency for the term May 11, 2005 through December 31, 2006, contingent upon the execution of a cooperative funding agreement with the East Bay Regional Park District.

Financial Implications: Proposition 40–Urban Parks Act of 2001 – $433,994.

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

11.  Contract Amendment: Environmental Consulting Services for Gilman Street Sports Fields Project (PDF, 278 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Donaldson Associates, increasing the amount by $34,749, which includes a 10% contingency to provide environmental consulting services to complete the California Environmental Quality Act (CEQA) review for the Gilman Street Sports Fields project, for a total amount not to exceed $58,509 and extending the term through June 30, 2006.

Financial Implications: Proposition 40–Urban Parks Act of 2001 – $34,749.

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

12.  Contract Amendment: Hills Fire Station (PDF, 196 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Marcy Li Wong Architects for architectural and engineering consulting services for the Hills Fire Station Project, increasing the amount by $26,136 for a total amount not to exceed $504,636 for the period July 1, 2002 through June 30, 2006.

Financial Implications: Measure G Fund – $26,136.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  Contract: Pedestrian Master Plan Consultant Selection (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alta Planning + Design to prepare a Pedestrian Master Plan for the City of Berkeley in an amount not to exceed $145,255 for the period from May 11, 2005 to November 30, 2006.

Financial Implications: TDA Article 3 Bicycle and Pedestrian Funds and Alameda County Measure B Bicycle and Pedestrian Funds – $145,255.

Contact: Peter Hillier, Transportation, 981-7010

14.  Contract Amendment: Appraisal & Acquisition Services - 9th Street Bicycle Boulevard Extension (PDF, 300 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb & Lipman for special counsel and legal services to increase the amount of the contract by $23,500 for a total not to exceed $48,499, and amend the contract scope to include the ability to subcontract with Associated Right of Way services to perform appraisal and acquisition services, until Attorney’s services are no longer required by the City.

Financial Implications: None (see report).

Contact: Peter Hillier, Transportation, 981-7010

15.  Presentation on Mosquito Abatement (PDF, 25 KB)

From: Councilmember Capitelli

Recommendation: Invite a representative from the Alameda County Mosquito Abatement District to make a 15-minute presentation to the Council regarding the activities of the District on May 24, 2005.

Financial Implications: None.

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

16.  Proclamation: Asian Pacific Islander American Heritage Month (PDF, 129 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation honoring May as Asian Pacific Islander American Heritage Month.

Financial Implications: None.

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


Action Calendar – Appeals

17.  5 Alamo Avenue – Appeal of Zoning Adjustments Board Decision

a.      From: City Manager (PDF, 28 MB)

Recommendation: Adopt a Resolution approving Administrative Use Permit #03-20000188 for an addition to an existing two-story dwelling located at 5 Alamo Avenue and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      James and Katherine Moule (PDF, 339 KB)

c.       Communications

1.      Michael Sautman (PDF, 86 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 – Old Business

18.  Zoning Ordinance Revisions for Teaching-related Home Occupation Permits (Held over from April 12, 2005 by the City Manager. First Reading March 22, 2005 – Unanimous)

a.      From: City Manager (PDF, 27 KB)

Recommendation:  Adopt second reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code (BMC) to allow teaching-related home occupations by issuance of an Administrative Use Permit.

Financial Implications: Increased revenue (AUP application fee - $1,365).

Contact: Dan Marks, Planning, 981-7400

b.      From: Councilmember Capitelli (PDF, 3 MB) (May 10, 2005 Report)

Recommendation: 1) Rescind the March 22, 2005 first reading of the Ordinance that amended specified sections of Berkeley Municipal Code Title 23; 2) refer back to Planning Commission the amendment with the following revisions: a) allow teaching-related home occupations by issuance of a zoning certificate instead of administrative use permit, b) include a third clause in Section 23C.16.030 that reads, “Applicants must sign a statement acknowledging paragraphs 1 & 2 above, accepting the conditions as specified,” and c) amend other related sections similarly; and 3) send item back to Council for approval no later than July 12, 2005.

Financial Implications: See report.

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

19.  Amendments to Subdivision Ordinance Regarding Tenancies in Common (Held over from April 26, 2005 by Councilmember Maio. First Reading April 12, 2005; Noes–Worthington; Abstain–Anderson, Spring)

a.      From: City Manager (PDF, 1 MB)

Recommendation: Adopt second reading of an Ordinance amending and repealing various sections of BMC Chapter 21.28 to eliminate regulation of tenancies in common and limit fees for conversion of rental units to condominiums to ten percent of the sales price of each unit.  This cap on the affordable housing mitigation fee to expire October 26, 2005.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Stephen Barton, Housing,
981-5400

b.      From: Councilmembers Capitelli and Olds (PDF, 2 MB)  (May 10, 2005 Report)

Recommendation: Refer to the City Attorney an amendment to Berkeley Municipal Code Chapter 21.28 that would allow residents of apartments or partners in Tenants in Common property ownership an exemption from Condominium Conversion Fees and quotas if the building is five units or less, and they have resided in the unit they wish to convert for ten years or more.

Financial Implications: Unknown (see report).

Contact: Laurie Capitelli, Councilmember District 5, 981-7150; Betty Olds, Councilmember District 6, 981-7160

20.  Contract: Clean Energy Fund Development (Held over from April 26, 2005 by Councilmember Olds)

a.      From: City Manager (PDF, 789 KB) (April 26 Report)

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Power Factors, LLC for the development of a clean energy fund in the amount of $52,500 for April 27, 2005 through December 31, 2005.

Financial Implications: General Fund – $52,500.

Contact: Stephen Barton, Housing, 981-5400 and Fran David, Finance, 981-7300

b.      Supplemental Report from City Manager (PDF, 239 KB) (April 26, 2005 Supplemental Report)

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Power Factors, LLC or a nonprofit formed for the same purpose by the principals of Power Factors, LLC, for the development of a clean energy fund in the amount of $52,500 for April 27, 2005 through December 31, 2005.

Financial Implications: General Fund – $52,500.

Contact: Stephen Barton, Housing, 981-5400 and Fran David, Finance, 981-7300

21.  Contract Extension: Community Conservation Center (Held over from April 26, 2005 by Mayor Bates)

a.      From: City Manager (PDF, 534 KB)

Recommendation: Adopt a Resolution, as revised, authorizing the City Manager to extend the Community Conservation Center (CCC) contract for a period of one or more years, initially from July 1, 2005 through June 30, 2006, at an annual cost not to exceed $238,000.

Financial Implications: Refuse Fund – $238,000.

Contact: Rene Cardinaux, Public Works, 981-6300

b.      From: Solid Waste Management Commission (PDF, 121 KB) (May 10, 2005 Information Report)

Contact: Tania Levy, Secretary, 981-6368

22.  Contract Extension: Ecology Center (Held over from April 26, 2005 by Mayor Bates)

a.      From: City Manager (PDF, 394 KB)

Recommendation:  Adopt a Resolution, as revised, authorizing the City Manager to amend the contract with Ecology Center (EC) for recycling services for a period of one or more years, initially from July 1, 2005 through June 30, 2006 at an annual cost not to exceed $1,728,722.

Financial Implications: Refuse Fund – $1,728,722.

Contact: Rene Cardinaux, Public Works, 981-6300

b.      From: Solid Waste Management Commission (PDF, 173 KB) (May 10, 2005 Information Report)

Contact: Tania Levy, Secretary, 981-6368

23.  Contract Extension: Urban Ore (Held over from April 26, 2005 by Mayor Bates)

a.      From: City Manager (PDF, 332 KB)

Recommendation:  Adopt a Resolution, as revised, authorizing the City Manager to extend the Urban Ore contract for a period of one or more years, initially from July 1, 2005 through June 30, 2006, at an annual cost not to exceed $28,750.

Financial Implications: Refuse Fund – $28,750.

Contact: Rene Cardinaux, Public Works, 981-6300

b.      From: Solid Waste Management Commission (PDF, 119 KB) (May 10, 2005 Information Report)

Contact: Tania Levy, Secretary, 981-6368

24.  Allocation of Community Development Block Grant, Emergency Shelter Grant, Community Services Block Grant, Home, Anti-Poverty General Fund, Homeless General Fund and Other General Fund for FY 2006, and the Proposed Five-Year Consolidated Plan and First-Year Annual Action Plan (PDF, 15 MB) (Held over from April 26, 2005)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving proposals for funding under the Fiscal Year 2006 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense programs; 2) authorizing the execution of resultant agreements and amendments for the FY 2006 CDBG, ESG, and HOME CHDO operating expense funds (5%) with conditional two-year contracts for CDBG-funded community agency projects in the Public Services category; 3) allocating 85% of the FY 2006 HOME funds in the Housing Trust Fund and the remaining 10% for HOME program administration; and 4) authorizing the City Manager to submit the 2005-2010 Five-Year Consolidated Plan and First-Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME funding and all resulting agreements with HUD to accept the funds.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400


Action Calendar – New Business

25.  Precautionary Principle Ordinance (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance adding Berkeley Municipal Code Chapter 12.29 entitled the “Precautionary Principle”.

Financial Implications: Unknown.

Contact: Stephen Barton, Housing, 981-5400

26.  Creeks Task Force (PDF, 3 MB)

From: City Manager

Recommendation: Approve the proposed work plan, budget and timeline developed by the Creeks Task Force (CTF) for its review of Berkeley Municipal Code (BMC) Chapter 17.08, Preservation of the Natural Watercourses (Creeks Ordinance), and refer the CTF’s request for $100,000 for consultant assistance to the budget process.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

27.  Assisting a Homeless Woman and Request Creation of a Homeless Assistance Program for Vehicle Impoundments (PDF, 342 KB)

From: Councilmember Spring 

Recommendation: Allocate funding from the homeless prevention fund to assist in the recovery of a homeless woman’s ticketed and impounded truck and dogs and refer to the City Manager a request to create a program to assist other homeless people with vehicle impoundments.

Financial Implications: Homeless Prevention Fund – $6,000.

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

28.  FY 06 and 07 Biennial Budget Recommendation of the Solid Waste Management Commission

a.      From: Solid Waste Management Commission (PDF, 240 KB)

Recommendation:  Request the City Manager to consider the following solid waste program budget proposals for the FY 2005-06 and FY 2006-7 Biennial Budget: 1) supplement the Solid Waste Management Division staffing by 3 full time employees (FTE) over the next two years to plan for the implementation of the 75% diversion program; 2) budget $350,000 over the next two years to implement a solid waste facility maintenance and capital improvement program to eliminate the exiting deferred maintenance programs.

Financial Implications:

Contact: Tania Levy, Secretary, 981-6368

b.      From: City Manager (PDF, 51 KB)

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission. Please refer to the budget process.

Contact: Rene Cardinaux, Public Works, 981-6300

29.  Refuse Fund Study Recommendation

a.      From: Solid Waste Management Commission (PDF, 519 KB)

Recommendation:  Request the City Manager to: 1) Review Resolution Nos. 51,227-N.S. and 54,351-N.S. (the Refuse Collection and Disposal Fund) to either: (a) reaffirm the provisions of the resolutions and adjust the Refuse Fund accordingly; or (b) revise these resolutions to be more consistent with the current Refuse Fund for solid waste management facility and equipment repair and maintenance.

Financial Implications: See report.

Contact: Tania Levy, Secretary, 981-6368

b.      From: City Manager (PDF, 104 KB)

Recommendation: Authorize the City Manager to refer the recommendations concerning the funds to the budget process.

Contact: Rene Cardinaux, 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.

Concerns Submitted to the Board of Library Trustees

1.      Jane Welford, Executive Secretary, Berkeleyan Organizing for Library Defense (BOLD)

1885 University Avenue

2.      Walter Wood

BUSD Teacher Compensation

3.      Barbara Gilbert

Jubilee Restoration/Gordon Choyce

4.      Brian Tellus (EyeOnBerkeley) (2)

Zero Waste Goal

5.      Ann Chandler, President, Community Conservation Centers (CCC) Board of Directors, submitted by Sara MacKusick

Recycle Poaching

6.      Luke A. Blacklidge

Newscan

7.      Leonard Schwab and Rita Brenner

Cancellation of Pedal Express Contract

8.      Donna Mickleson

Reducing the Number of Peace and Justice Commission Meetings

9.      Eight letters, submitted by PhoeBe (sorgen)

Pre-Conference CLG Workshop – Tuning Up Your Historic Preservation Ordinance

10.  Lucida Woodward, Supervisor, Local Government and Information Management Unit, Office of Historic Preservation

Threats to Senior Funding at the Senior Centers

11.  Mili Rosenblatt


Adjournment