Regular Meeting eAgenda
October 18
, 2005

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 18, 2005

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.

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.   Use of Veterans Memorial Building: Men’s Shelter and Multi-Agency Service Center (PDF, 10 KB) (First Reading September 27, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance: 1) making findings and declarations of a continuing homeless shelter crisis; 2) authorizing continuation of use of the Veterans Memorial Building basement by the Men’s Overnight Assistance Center (the Men’s Shelter) and Multi-Agency Service Center (MASC); and 3) suspending applicable local laws which might otherwise regulate, apply to or govern the continued operation of the Men’s Shelter and the MASC.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5402

2.   Minutes for Approval (PDF, 115 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of September 13, 2005 (regular), September 19, 2005 (closed), September 20, 2005 (special joint and regular), and September 27, 2005 (special and regular).

Financial Implications: None

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

3.   Needle Exchange (PDF, 23 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

4.   2005 City Council Meeting Schedule (PDF, 33 KB)

From: City Manager

Recommendation: Adopt a Resolution revising the 2005 Council Meeting Schedule to cancel the November 8 (Special Election Day) and November 22, 2005 (Thanksgiving Week) meetings; add a regular meeting on November 29, 2005; cancel the December 6, 2005, 5:00 p.m. work session; and rescind Resolution 62,641-N.S.

Financial Implications: None.

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

5.   2006 City Council Meeting Schedule (PDF, 38 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing a calendar for regular City Council meetings for Calendar Year 2006 with starting times of 7:00 p.m. and special meetings for work sessions to be scheduled for 5:00 p.m. prior to regularly scheduled Council meetings.

Financial Implications: None

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

6.   Contract: Provide Animal Care Services for the City of Albany (PDF, 28 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Albany for Berkeley Animal Care Services to provide animal shelter and field services for the City of Albany in an amount not to exceed $26,127, to be paid by the City of Albany in FY 2006.

Financial Implications: General Fund - $26,127 revenue

Contact: Jim Hynes, City Manager, 981-7000

7.   Contract: Provide Animal Care Services for the City of Piedmont (PDF, 27 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Piedmont for Berkeley Animal Care Services to provide animal shelter services for the City of Piedmont in an amount not to exceed $17,505, to be paid by the City of Piedmont in FY 2006.

Financial Implications: General Fund - $17,505 revenue

Contact: Jim Hynes, City Manager, 981-7000

8.   Downtown Berkeley Business Improvement District (PDF, 173 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 2006 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council’s intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2006; and directing the City Clerk to schedule a public hearing for November 15, 2005, to consider levying a renewed assessment for the year 2006.

Financial Implications: Downtown BID Funds - $250,000

Contact: Thomas Myers, Economic Development, 981-7530

9.   Contract: Implement the Management District Plan for North Shattuck Business Improvement District (PDF, 25 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approved Work Plan for the North Shattuck Business Improvement District (BID) in an amount not to exceed $167,572 for FY 2006.

Financial Implications: North Shattuck BID Assessment Funds - $167,572

Contact: Thomas Myers, Economic Development, 981-7530

10. Solano Avenue Business Improvement District (PDF, 48 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 2005 Annual Report of the Solano Avenue Business Improvement District (BID); declaring Council’s intention to levy an annual assessment for the Solano Avenue BID for calendar year 2006; and directing the City Clerk to schedule a public hearing for November 15, 2005, to consider levying a renewed assessment for the year 2006.

Financial Implications: Solano Avenue BID Funds - $35,000

Contact: Thomas A. Myers, Economic Development, 981-7530

11. Formal Bid Solicitations and Requests for Proposals (PDF, 33 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposals (RFPs) that will be issued upon final approval by the requesting department or division.

Financial Implications: Capital Improvement Fund - $1,010,000

Contact: Fran David, Finance, 981-7300

12. Grant: Tobacco Cessation and Prevention Services (PDF, 40 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a $138,000 grant from the Alameda County Public Health Department for tobacco cessation, enforcement, and prevention services for the period July 1, 2005 to June 30, 2007 and execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Grant Revenue - $138,000

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

13. Contract: Update of a Community Choice Aggregation Pro Forma (PDF, 29 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Navigant Consulting, Inc. to perform an update of a Community Choice Aggregation (CCA) pro forma in the amount of $4,000, for a total contract amount not to exceed $28,500.

Financial Implications: General Fund - $4,000

Contact: Stephen Barton, Housing, 981-5400

14. Abolition of Unused Classifications (PDF, 49 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Section 1 of: 1) the Berkeley Police Association Classification and Salary Resolution No. 62,579-N.S.; 2) the Service Employees International Union Local 790 Classification and Salary Resolution No. 61,807-N.S.; 3) the Public Employees Union Local One Classification and Salary Resolution No. 61,840-N.S.; and 4) the Unrepresented Employees Classification and Salary Resolution No. 61,812 - N.S., to abolish 14 unused classifications.

Financial Implications: None

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

15. Classification: Contract Administrator (PDF, 100 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Section 1 of Resolution No. 61,840-N.S., Classification and Salary Resolution for Public Employees Union Local 1, to add the classification and salary range of Contract Administrator.

Financial Implications: General Fund - $120,853

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

16. Design Development Plans - Gilman Street Playing Fields (PDF, 704 KB)

From: City Manager

Recommendation: Adopt a Resolution supporting Design Development Plans for the Gilman Street Playing Fields Project in order to proceed with construction drawings

Financial Implications: State Parks Grants - $325,881

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

17. Contract: Assessment and Analysis of Berkeley Creeks and Watershed (PDF, 38 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Balance Hydrologics, Inc. to provide assessment and analysis of Berkeley creeks and watershed for a term of one year in an amount not to exceed $100,000.

Financial Implications: Capital Improvement Fund - $100,000

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

18. Contract: Public Safety Building Janitorial Services (PDF, 69 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services to provide janitorial services at the Public Safety Building in an amount not to exceed $103,720 for the period November 1, 2005 to June 30, 2006; and approving options to extend the contract for two additional one-year periods in an amount not to exceed $129,464 for FY 2007, and $129,464 for FY 2008.

Financial Implications: Building Maintenance Fund - $103,720 (FY 2006); $258,928 (FY 2007-2008)

Contact: Claudette Ford, Public Works, 981-6300

19. Grant: Citywide Bicycle Parking Program (PDF, 28 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the County Program Manager Fund of the Bay Area Air Quality Management District’s Transportation Fund for Clean Air (TFCA) grant program for funds in the amount of $24,625 in FY 2006 for the City of Berkeley Citywide Bicycle Parking Program, accept the grant, and execute any resultant agreements and amendments.

Financial Implications: Grant Revenue - $24,625; no matching funds required

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

20. Sale of Real Property: 2334 Sixth Street (PDF, 5 MB) (To be delivered)

From: City Manager

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to sell the real property located at 2344 Sixth Street to LifeLong Medical Care, Inc., for a sale price of $2.2 million.

Financial Implications: See report

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

21. Support for the Coastal Environmental Motor Vehicle Mitigation Program (PDF, 13 KB)

From: Councilmember Maio

Recommendation: Support and ask Governor Schwarzenegger to sign SB658 (Kuehl), the Coastal Environmental Motor Vehicle Mitigation Program.

Financial Implications: None

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

22. Disaster Preparedness (PDF, 8 KB)

From: Councilmember Spring

Recommendation: Request: 1) the City Manager to invite the Disaster Preparedness Taskforce to the November 15, Council workshop on disaster preparedness; 2) request that particular attention be directed to the special needs of the disabled, elderly and hospitalized residents in case of severe disasters; 3) request a representative of Easy Does It, to present what this organization is doing to assist the severely disabled in the case of disaster; and 4) request that the City Manager widely advertise this presentation as well as other planned classes and workshops on this topic to the public.

Financial Implications: None

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

23. Questions Regarding Radio Frequency Identification Devices (PDF, 62 KB)

From: Councilmember Spring

Recommendation: Request the City Manager to send a letter to the City of Berkeley Library Director and the Library Board of Trustees requesting: 1) a response to the September 21, 2005 letter asking for a list of the actual and estimated costs of the Radio Frequency Identification Devices(RFID), including staff positions cut or unfilled since 2002; 2) questioning why the existing barcode system is not being used in lieu of RFID technology; and 3) requesting that the Library Board of Trustees seriously evaluate whether it is in the public’s interest to continue with RFID technology in the Berkeley library.

Financial Implications: None.

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

24. Finance Customer Service Center Number Waiting System (PDF, 24 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager to evaluate the feasibility of installing a number waiting system so that the public, especially elderly and disabled persons, can wait in comfort at the Finance Customer Service Center.

Financial Implications: None

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

25. Proclamation Observing United Nations Day (PDF, 24 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation in observance of United Nations Day 2005 on October 24, 2005.

Financial Implications: None

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

26. Status of the Elmwood Quota System (PDF, 294 KB)

From: Councilmember Worthington

Recommendation: Refer the City Manager’s report on the status of the Elmwood Quota System to the Planning Commission and include clarification of what is included in the Worthington referral to the Planning Commission.

Financial Implications: None

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

27. Support Commission Diversity (PDF, 24 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution to: 1) encourage City Councilmembers to actively seek to fill vacant positions with consideration of the needs and benefits of a more representative and diverse commission roster; and 2) implement semi-annual reviews of its progress to determine if additional steps should be taken to ensure that these goals are met.

Financial Implications: None

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

28. Support Sutter Health Employees (PDF, 24 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution in support of Sutter Health employees at the California Pacific Medical Center and the Federal Mediator’s proposed Settlement Agreement.

Financial Implications: None

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

29. Demolition of B51 and the Bevatron at Lawrence Berkeley National Laboratory (PDF, 24 KB)

From: Councilmembers Wozniak, Moore and Maio

Recommendation: Recommend 1) that the City Council reaffirm its support for the full decommissioning, deconstruction and removal of the Bevatron; and 2) refer to the City Manager for review the Peace & Justice Commission resolution on the proposed demolition of B51 and the Bevatron and the Draft Environmental Impact Report (DEIR), when it is released later in the Fall of 2005. For this review, staff would have the benefit of the comprehensive analysis of the associated environmental and historical impacts in the DEIR.

Financial Implications: None.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180; Darryl Moore, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

30. Revisions to the Proposed Land Use Posting Requirements (PDF, 29 KB)

From: Councilmember Wozniak

Recommendation:  Recommend that the City Manager direct the Planning Department and the Planning Commission to consider modifying the public noticing requirements for proposed land-use actions in a manner such that effective notice to the public is maintained, but does not contribute to urban blight via unnecessary clutter on street light poles and other public places.

Financial Implications: See report.

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

31. Concert for Peace (PDF, 27 KB)

a.      From: Peace and Justice Commission

Recommendation: Adopt a Resolution endorsing the Concert for Peace to celebrate the United Nations 60th Anniversary and the 100th Anniversary of Dag Hammarskjold’s birth to be held October 23, 2005 at the Paramount Theatre at 7:00 p.m.

Financial Implications: None

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

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

Action Calendar – Appeals

32. 1323 Kains Avenue

a.       From: City Manager (PDF, 9 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit #04-20000171, to allow an 816 square-foot, second story addition to an existing single family residence, and dismissing the appeal.

Financial Implications: None

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

b.      Appeal

1.      Laura Riggs (PDF, 91 KB)

c.      Communications

1.      Laura Riggs (PDF, 5 MB)

33. 2901 Otis Street

a.      From: City Manager (PDF, 13 MB)

Recommendation: Review the appeal of the Zoning Adjustments Board decision regarding 2901 Otis Street, to approve: 1) a permit to remove roof and more than 50 percent of exterior walls of existing dwelling; 2) a permit to construct two additional dwelling units; and 3) an Administrative Use Permit to locate two parking spaces within 10 feet of rear windows of proposed building, and set for a public hearing.

Financial Implications: None

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

b.      Appeal

1.      David Ramin, Shari Ser and D. Mayeron (PDF, 630 KB)

c.       Communications

1.      David Ramin, Shari Ser, D. Mayeron and Ross Blum (PDF, 375 KB)

34. 2901 Otis Street - Landmarks Preservation Commission Designation as Structure of Merit

a.      From: City Manager (PDF, 13 MB)

Recommendation: Review the appeal of Landmarks Preservation Commission decision to designate the building at 2901 Otis Street as a Structure of Merit, and set the matter for public hearing on November 15, 2005.

Financial Implications: None

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

b.      Appeal 

1.      Eric Geleynse, Xin Jin and Danny Tran (PDF, 2 MB)

35. 2170 Shattuck Avenue

a.      From: City Manager (PDF, 81 KB) (To be delivered)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Administrative Use Permit #04-20000173 to establish a new quick-service restaurant at 2170 Shattuck Avenue with Modification #05-70000023 to eliminate required parking, and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development 981-7400

b.      Appeal

1.      Chris Tan (PDF, 100 KB)

c.       Communications

1.      Chris Tan, GMSX LLC (PDF, 4 MB)

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

36. 2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069

a.      From: City Manager (PDF, 28 KB) (September 13, 2005)

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

b.      From: City Manager (PDF, 1 MB) (July 19, 2005)

 Attachments:

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of Use Permit #03-10000069, to construct a single-family dwelling, and dismissing the appeal.

Financial Implications: None.

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

c.       Appeal (PDF, KB)

1.      Matthew White (PDF, 1 MB)

2.      Kimberly Kline and Stephen Branam (PDF, 597 KB)

3.      Daphne and Georg Kalmar (PDF, 740 KB)

4.      Arvalea Nelson (PDF, 175 KB)

d.      Communications (October 18, 2005)

1.      Matthew White (PDF, 2 MB)

2.      Bill Richmond (PDF, 192 KB)

3.      Daphne and George Kalmar (PDF, 48 KB)

e.      Supplemental Reports and Communications #1 (PDF, 4 MB) (September 13, 2005)

52.  Daphne and Georg Kalmar

53.  Nora E. Wagner

54.  Albert and Marian Magid

55.  Daphne Kalmar and Kim Kline

56.  Margot Klopp

57.  Hap Klopp

58.  John Lennie and Else C. Vellinga

59.  Ann K. Bowman

60.  Julie Gutzwiller

61.  Gunnar Bjorklund

62.  Robert and Jordan Stark

63.  Paul and Cynthia Lane

64.  Kimberley Kline (2)

65.  Daphne Kalmar (3)

f.        Communications (PDF, KB) (July 19, 2005– numbering follows original sequence)

1.      Tom Cosgrove (PDF, 38 KB)

2.      David Richmond and Kelly Klopp Richmond (PDF, 102 KB)

3.      Matthew White (PDF, 2 MB)

4.      Arvalea Nelson (PDF, 108 KB)

5.      Kimberly Kline (PDF, 5 MB)

g.      Supplemental Reports and Communications #1 (PDF, 5 MB) (July 19, 2005– numbering follows original sequence)

29.  Georg and Daphne Kalmar, Kimberly Kline and Stephen “Hopper” Branam (3)

30.  Kimberly Kline and Georg Kalmar

31.  Kimberly Kline (3)

32.  Herbert and Emilie Steiner

33.  Dave Richmond

34.  Rena Rickles

35.  Petition with 64 signatures, submitted by Kimberly Kline

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

37. Amendments to the General Plan Housing Element Appendix Per Council Resolution No. 61,955-N.S. (PDF, 17 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending the General Plan Housing Element Appendix as recommended by the Planning Commission.

Financial Implications: Minor administrative costs.

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

38. Gilman Street Playing Fields: Waterfront Specific Plan/General Plan/Zoning Ordinance Amendments, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan (PDF, 14 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt a Resolution: a) adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the proposed General Plan/Waterfront Specific Plan Amendment, Zoning Ordinance Amendment and proposed Gilman Street Playfields Project; and b) amending the Berkeley Waterfront Specific Plan and by reference the Berkeley Waterfront Plan Amendment to the City’s Master Plan, and thereby amending the General Plan (which incorporates these documents by reference), establishing an “as of right” use for public or commercial recreation sports facilities and establishing that this use would be exempt from the requirements for a Master Development Plan (MDP); and 2) adopt the first reading of an Ordinance amending the Zoning Ordinance, Berkeley Municipal Code (BMC) Section 23E.88.030, to clarify that where the Specific Plan exempts a permitted use from the requirements of a Master Development Plan and Use Permit, the use is subject to Zoning Conformance procedures as set forth in BMC Chapter 23B.20.

Financial Implications: See report

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


Action Calendar – Old Business

39. Disappearing Newsracks and the Constitutionality and Practicality of the Interpretation and Implementation of Newsrack Regulations (PDF, 27 KB) (Held over from September 27, 2005)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager to review city ordinances, interpretations, and operations in regards to Newsrack regulation. As one part of this review, to invite persons responsible for distribution of newspapers to identify problem areas, including but not limited to the disappearance of newsracks without notification to the newspapers, possibly eliminating the part of the City ordinance that allows City removal of newsracks with zero notice, and making sure that the City is not creating impediments to fair placement for all publications.

Financial Implications: Staff time.

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

Action Calendar – New Business

40. Amendment to the Condominium Conversion Ordinance (PDF, 99 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 21.28, Condominiums, Community Apartments, Stock Cooperatives and Tenancy in Common Projects.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

41. Potentially Hazardous Soft, Weak, or Open Front Story Buildings (PDF, 83 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) to add Chapter 19.39, establishing an Inventory of Potentially Hazardous Soft, Weak, or Open Front Story Buildings and adopting Chapter A4 of the 2003 International Existing Building Code and Amendments. 

Financial Implications: See report

Contact: Dan Marks, Planning and Development 981-7400

42. Commission Websites

a.      From: Parks and Recreation Commission (PDF, 22 KB)

Recommendation: Direct the City Manager to direct staff to encourage all willing commission chairpersons to allow electronic posting of their email addresses to the  City website.

Financial Implications: Staff time

Contact: Virginia Aiello, Secretary, 981-5158

b.      From: City Manager (PDF, 21 KB)

Recommendation: Refer this issue to the City Manager for consideration and response at a later date.

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

Information Reports

43. Support for Mayor's FY2006 Budget Amendments (PDF, 36 KB)

From: Homeless Commission

Contact: Oscar Sung, HAC Secretary, 981-5410 and Kristen Lee, HWCAC Secretary, 981-5427

44. Unrepresented Temporary Employees Information Report (PDF, 23 KB)

From: City Manager

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

 

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.

Gilman Street Playing Fields: Waterfront Specific Plan/General Plan/Zoning Ordinance Amendments, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan

1.      Supplemental report, submitted by Planning and Development (PDF, 603 KB)

AB 1690 and the City/UC Settlement

2.      Julie Sinai, Office of the Mayor

Radiofrequency in Berkeley Public Libraries Program

3.      SuperBerkeleyans Organizing for Library Defense

Thank You Letter to President Hugo Chavez

4.      Leuren Moret

Train Noise

5.      Seth Fleisher

Brown Act Violations

6.      Jane Welford, SuperBOLD

California Records Act Request

7.      Jane Welford, SuperBOLD

Dovers Sales/Precision Technical Coatings Site Cleanup

8.      Gilman Alliance (3)

Unfunded Pension Liability

9. Barbara Gilbert

Hurricane Katrina and the Role of Government

10.      Barbara Gilbert

Realtor Business License Tax

11.  Barbara Gilbert

UC Berkeley Salaries

12.  Barbara Gilbert

Former Councilmember Maudelle Shirek

13.  Barbara Gilbert

Withdrawal of California National Guard Troops from Iraq – Response to September 13, 2005 Council Item

14.  Congressman Henry A. Waxman

New York City Preservation of Single-Family Homes and Neighborhoods

15.  Barbara Gilbert

Amendments to the General Plan Housing Element Appendix Per Council Resolution No. 61,955-N.S.

16.  Martha Nicoloff

ACA 5: PERS Defined Contribution – Response to April 25, 2005 Council Item

17.  Senator Don Perata

Potentially Hazardous Soft, Weak, or Open Front Story Buildings

18.  Andrew T. Merovich, Structural Engineers Association of Northern California, submitted by Ken Miles

 

Adjournment