Regular Meeting eAgenda
January 24
, 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, january 24, 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.   Amendments to Commission Enabling Legislation (PDF, 4 MB) (First reading January 17, 2006. Noes – Worthington)

From: City Manager

Recommendation: Adopt the second reading of thirteen ordinances to harmonize existing commission enabling legislation with Council’s adoption of a June 14, 2005 meeting reduction plan and to achieve consistency between related ordinances and resolutions with BMC Section 3.03.020.

Financial Implications: None

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

2.   Consolidation of Disaster Council and Fire Safety Commission (PDF, 271 KB) (First reading January 17, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Chapter 2.88 of the Berkeley Municipal Code to include the consolidation of the Disaster Council and Fire Safety Commission and adopt a Resolution rescinding Resolution No. 58,981–N.S. in its entirety.

Financial Implications: See report

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

3.   Sidewalk Vending of Arts and Crafts, and Flowers (PDF, 189 KB) (First reading January 17, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48 regulating Sidewalk Vending of Arts and Crafts, and Flowers, on Sidewalks and Rights-of-Way, adding a restriction in Section 9.48.070, that flower vendors shall not be permitted within 300 feet of any florist operating from a fixed location, and grandfathers existing sidewalk flower vendors.

Financial Implications: None

Contact: Fran David, Finance, 981-7300

4.   Formal Bid Solicitations and Request for Proposals (PDF, 200 KB)

From: City Manager

Recommendation: Approve the attached request for proposal that will be or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: General Fund - $42,000

Contact: Fran David, Finance, 981-7300

5.   Contract: Legal Advisory Services (PDF, 207 140 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 $45,000 for a new contract amount not to exceed $69,950.

Financial Implications: General Fund - $45,000

Contact: Stephen Barton, Housing, 981-5400

6.   Contract: Low Income Energy Services (PDF, 197 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $17,892 for the approximate period January 1, 2006 through December 31, 2006; 2) approving the program priority plans; and
3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: ECIP and LIHEAP Funds - $17,892 increased revenue

Contact: Stephen Barton, Housing, 981-5400

7.   Development Loan Agreement: 3404 King Street (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Development Loan Agreement between the City and Eunice Ann Finch Resource Center, a division of the Fred Finch Youth Center, for 3404 King Street to expand the eligible age of the youth served by the project to ages 14 to 25.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

8.   Changing Name of Solid Waste Management Commission to Zero Waste Commission (PDF, 1 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 3.40, changing the name of the Solid Waste Management Commission to the Zero Waste Commission, and revising the description of its functions to reflect its current mandate.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

9.   Contract: Landfill Post-closure Maintenance (PDF, 91 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with SCS Field Services, authorizing a one-year extension and increasing the amount by $100,000, for a total amount not to exceed $350,000 to provide engineering services for the landfill post-closure monitoring and maintenance project at Cesar Chavez Park and extending the contract to March 31, 2007.

Financial Implications: Refuse Fund - $100,000

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

10. Impact on Staff Resources for Additional Council Meetings (PDF, 43 KB)

From: Councilmember Spring

Recommendation: Request that the City Manager give a summary of the average number of staff hours and expenses it takes to produce a council meeting, detailing a number of staff people and hours spent on the agenda committee, printing agendas, meetings on agendas, preparing the council chambers, providing the food, staffing the council meetings, pre-and post Council meetings for city staff.

Financial Implications: None

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

11. Contract and Grant: 2006-2007 Community Services Block Grant (PDF, 138 KB)

a.      From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant (CSBG) Contract Number 06F-4701 for a total of $347,112 and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2006 to December 31, 2007.

Financial Implications: Community Action Program Fund - $347,112 Grant Revenue

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

12. Appointments to the Mental Health Commission (PDF, 121 KB)

a.      From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Linda Smith and Pamela Wilson to the Mental Health Commission, Special Public Interest Category for three-year terms beginning January 25, 2006 and ending January 24, 2009.

Financial Implications: None

Contact: Harvey Tureck, Secretary, 981-5123

b.      From: City Manager

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

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

Action Calendar – Public Hearing

13. ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors)

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

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      David Bryden (PDF, 982 KB)

c.       Communications:

1.      None.

 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

14. Standards for Care of Dogs Kept Outdoors (Held over as amended from January 17, 2006)

a.      From: Citizens Humane Commission (PDF, 81 KB) (First Reading December 13, 2005 – Unanimous)

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep their dogs outdoors. This includes shelter, water, feeding and confinement.

Financial Implications: None

Contact: Kate O’Conner, Secretary, 981-6601

b.      From Councilmember Spring (PDF, 59 KB) (January 17, 2006)

Recommendation: Adopt first reading of an amended ordinance adding to the Berkeley Municipal Code 10.04.140 specifying requirements for minimum care for guardians/owners who keep their dogs outdoors.

Financial Implications: None

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

15. Cell Phone Base Antennas (Held over from January 17, 2006)

a.      From: Community Health Commission (PDF, 268 KB)

Recommendation: Require the installation of cell phone base stations to meet the highest standard of human health and safety requirements that exists anywhere in the world (e.g. 1/100 of current U.S. standards).

Financial Implications: None

Contact: Peggy Gibbons, Secretary, 981-5127

b.      Cell Phone Base Antennas (PDF, 137 KB)

Recommendation: Re-state that federal law preempts the Community Health Commission’s recommendation, and defer any other action pending a report due May 2006 from the Health Officer to the City Council on radio frequency (RF) exposures.

Financial Implications: None

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

c.       City Attorney Opinion (PDF, 102 KB) (To be delivered)

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-6950

16. Amending the Coast Live Oak Moratorium Ordinance (PDF, 153 KB) (Held over from January 17, 2006)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Coast Live Oak Moratorium Ordinance to add the following:  1) any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited; and 2) excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

Financial Implications: None

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

Action Calendar – New Business

17. Application: HUD Section 108 Loan Guarantee for the Oxford Plaza and David Brower Center (To be delivered)

a.      From: City Manager (PDF, 214 KB)

Recommendation: Adopt a Resolution: 1) approving participation in the U.S. Department of Housing and Urban Development's (HUD) Section 108 Loan Guarantee Program and authorizing the submission of a HUD Section 108 Loan Guarantee Program application for the Oxford Plaza and David Brower Center development in the amount of $4,000,000; and
2) authorizing the use of current and future Community Development Block Grant funds to secure a loan for the Oxford Plaza and David Brower Center up to the amount of $4,000,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

b.      Information Report from Housing Advisory Commission (PDF, 145 KB)

Contact: Oscar Sung, Secretary, 981-5410
  

Information Reports

18. Parcel Based Special Taxes, Fees, and Assessments Audit - Status Report (PDF, 197 KB) (CF 11-05)

From: City Manager

Contact: Fran David, Finance, 981-7300

 

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.

Parks Closed

1.      Jim Molmen

BOLT Brown Act Violation

2.      Jane Welford, SuperBOLD

Measuring Public Programs

3.      Barbara Gilbert

Permit for Strike Rat

4.      Judy Shelton

Berkeley Crime

5.      Charles T. Tart

Sewer Lateral Maintenance Program

6.      Barbara Gilbert

Liability for Public Employee Pension Plans

7.      Barbara Gilbert

Caltrans Grant for Development of Air Rights at Ashby BART Station

8.      Osha Neumann

Opposed Development and Loss of Parking Lots

9.      Walter Wood

 

Adjournment