Regular Meeting eSummary
April 25
, 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: 

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, April 25, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
 

Preliminary Matters

Roll Call: 7:26 p.m.  Absent ­Anderson.

Ceremonial Matters:

1.      Performance by Kairos Youth Choir.

2.      Proclamation declaring April 25, 2006 as Armenian Genocide Commemoration Day.

3.      Proclamation declaring April 25, 2006 as Holocaust Remembrance Day and urging the citizens of Berkeley to remember the suffering victims, courage of the resistors and treasure the survivors who are still with us in Berkeley.

4.      Proclamation honoring Maggie Meyer and the Berkeley Poetry Festival.

5.      Proclamation in recognition of “May is Mental Health Month” and calling upon citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.

6.      Proclamation honoring the 40th Anniversary of the Meiklejohn Civil Liberties Institute and declaring April 15, 2006 as Meiklejohn Civil Liberties Institute Day.

7.      Proclamation declaring April 23, 2006 as Stem Cell Day.

8.      Update on Earth Week events by the Ecology Center and students from the Communication Arts and Science Program at Berkeley High School. .

City Manager Comments:  None.

Public Comment: 15 speakers.

 

Consent Calendar

Action:  Moved, seconded, carried (Moore/Worthington; Absent ­ Anderson) to adopt the Consent Calendar in one motion except as indicated:

1.   Amendment to FY 2006 Annual Appropriations Ordinance (PDF, 51 KB) (First reading April 18, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the FY 2006 Annual Appropriations Ordinance No. 6,862-N.S. for FY 2006 based upon recommended re-appropriation of committed FY 2005 funding and other adjustments authorized since July 1, 2005, in the amount of $8,018,918 (gross) and $7,393,620 (net).

Financial Implications: See Report

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Ordinance No. 6,913–N.S. (PDF, 320 KB)  Effective May 25, 2006.

2.   Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (PDF, 155 KB) (First reading April 18, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property.

Financial Implications: $225,182 annually

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Ordinance No. 6,914–N.S. (PDF, 413 KB)  Effective July 1, 2006.

3.   Ewrudje v. City of Berkeley Settlement (PDF, 139 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 03 121094 entitled Patricia Ewrudje, Mudiaga Ewrudje, and Obaro Ewrudje v. City of Berkeley in the amount of $250,000, of which the City will pay $146,180.47 and the Bay Area Joint Powers Insurance Authority (JPIA) will pay $103,819.53.

Financial Implications: Public Liability Fund - $146,181; Joint Powers Insurance Authority - $103,820

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 63,264–N.S. (PDF, 46 KB)

4.   Formal Bid Solicitations and Request for Proposals (PDF, 202 KB)

From: City Manager

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

Financial Implications: Various funds - $150,000

Contact: Fran David, Director, Finance, 981-7300

Action:  Approved recommendation.

5.   Lease: 1767 Alcatraz Avenue (PDF, 198 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the South Berkeley Neighborhood Development Corporation for real property located at 1767 Alcatraz Avenue in an amount not to exceed $31,710, for the purpose of leasing office space for the Black Infant Health Program for the period July 1, 2006 to June 30, 2007 with an option to extend for an additional two year period.

Financial Implications: Health General Fund - $31,710

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

Action:  Adopted first reading of the ordinance.  Second reading scheduled for May 16, 2006.

6.   Contract: Peer and Consumer-Based Mental Health Services (PDF, 118 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to waive competitive bidding requirements and execute a contract and any amendments with Peers Envisioning and Engaging in Recovery Services for the provision of peer and consumer-based mental health services for the period April 1, 2006 through June 30, 2007 in an amount not to exceed $103,793, and authorizing an advance contract payment in the amount of $13,800.

Financial Implications: State Mental Health Fund - $103,793

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

Action:  Adopted Resolution No. 63,265–N.S. (PDF, 48 KB)

7.   Grant: Contraceptive Gel (PDF, 174 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: accept a grant from the California Family Health Council in the amount $23,950; participate in an assessment of contraceptive gel users and their partners; execute any resultant revenue agreements and amendments; and authorize the implementation of the project and appropriation of the funding for related expenses, subject to securing the grant.

Financial Implications: California Family Practice Title X Fund - $23,950 revenue

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

Action:  Adopted Resolution No. 63,266–N.S. (PDF, 55 KB)

8.   Contract: Dental Services (PDF, 103 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda County Public Health Department, Office of Dental Health for the provision of dental services, education and outreach to eligible elementary schools in Berkeley for the period July 1, 2006 through June 30, 2008 in an amount not to exceed $100,000.

Financial Implications: General Fund - $100,000 for two years

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

Action:  Adopted Resolution No. 63,267–N.S. (PDF, 74 KB)

9.   Unrepresented Employee Manual-Leaves of Absence Without Pay (PDF, 165 KB)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 60,777–N.S, the Unrepresented Employee Manual, to amend Article 7.02.01 (Leaves of Absence Without Pay) to permit Legislative Assistants and Assistants to the Mayor to be authorized by their respective Councilmember or the Mayor to request a Leave of Absence Without Pay before exhausting accrued compensatory time or vacation leave.

Financial Implications: None

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

Action: Adopted Resolution No. 63,268–N.S. (PDF, 63 KB)

10. Purchase Order: Uniform Rental and Laundry Services (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the amount of purchase order number 057347 with Aramark Uniform Services by $15,000 to an amount not to exceed $39,000 to provide monthly uniform rental and laundry services through FY 2006.

Financial Implications: Parks Tax Fund - $15,000

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

Action:  Adopted Resolution No. 63,269–N.S. (PDF, 32 KB)

11. Application: Summer Food Service and After School Snack Programs (PDF, 134 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education for the Summer Food Service and After School Snack Programs, and to execute any resultant agreement and amendments, for the period June 1, 2006 to May 31, 2007.

Financial Implications: $100,000 revenue

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

Action:  Adopted Resolution No. 63,270–N.S. (PDF, 43 KB)

12. Final Tract Map 7587: 1728-1730 Hearst Avenue (PDF, 95 KB)

From: City Manager

Recommendation: Adopt a Resolution approving Final Map of Tract 7587, conversion of an existing five-unit Tenancy-in-Common (TIC) project at 1728 – 1730 Hearst Avenue to five condominium units in two buildings.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7500

Action:  Adopted Resolution No. 63,271–N.S. (PDF, 31 KB)

13. Appointment of Joint LPC-DAPAC Subcommittee for the Process of Assessing Potential Historic Resource (PDF, 151 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing a joint subcommittee pursuant to the City of Berkeley Commissioner’s Manual composed of members recommended by the Landmarks Preservation Commission (LPC) and the Downtown Area Plan Advisory Committee (DAPAC) for the purpose of guiding staff and the consultant hired for the assessment of downtown historical resources for the Downtown Area Plan and its Environmental Impact Report (EIR). 

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,272–N.S. (PDF, 55 KB)

14. Contract: Third Party Administration of Employee Pre-Tax Transit Benefit Program (PDF, 142 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Employee Benefits Specialists, Inc. (EBS), as a third party administrator of the Pre-Tax Transit Benefit Program for City of Berkeley employees, increasing the contract amount by $20,500 for a new contract amount not to exceed $45,000, with no guaranteed minimum; and changing the contract term to July 1, 2005 through December 31, 2006.

Financial Implications: Payroll Deduction Trust Fund 930 - $20,500

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,273–N.S. (PDF, 51 KB)

15. Endorse the Planning and Conservation League's 10-Point Statement of Principals (PDF, 232 KB)

From: Councilmembers Maio and Spring

Recommendation: Send a letter of endorsement of the 10-Point Statement of Principals developed by the Planning and Conservation League for protecting communities and the environment to Governor Arnold Schwarzenegger, Senator Don Perata, and Assembly Member Loni Hancock.

Financial Implications: None

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

Action:  Approved recommendation.

16. Berkeley Alcohol Policy Advisory Coalition's (BAPAC) Proposal to Modernize Alcohol Outlet Policy (PDF, 323 KB)

From: Councilmembers Moore and Spring

Recommendation: Refer BAPAC's proposed ordinance to the City Manager for review by City staff. Schedule a presentation by BAPAC for the first Council meeting in July to present the proposed ordinance from BAPAC and answer Council's questions. Also, schedule a staff report to be presented at the first September meeting, including plans for implementation.

Financial Implications: None

Contact: Darryl Moore, Councilmember, District 2, 981-7120 and Dona Spring, Councilmember, District 4, 981-7140

Action:  Approved a recommendation referring the proposed ordinance to the Health Commission and requesting that BAPAC make a presentation to Council on July 11, 2006.

17. Support Proposition 81: Literacy, Learning and Libraries (PDF, 69 KB)

From: Councilmembers Worthington, Moore and Mayor Bates

Recommendation: Support Proposition 81 in the June Primary Elections.

Financial Implications: None

Contacts: Kriss Worthington, Councilmember, District 7, 981-7170, Darryl Moore, Councilmember, District 2, 981-7120 and Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

18. Impeach President George W. Bush

a.   From: Councilmember Worthington (PDF, 158 KB)

Recommendation: Adopt a Resolution to impeach President George W. Bush and Vice President Richard B. Cheney.

Financial Implications: None

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

b.      From: Mayor Bates and Councilmembers Maio, Worthington and Spring (PDF, 110 KB)

Recommendation: Refer possible advisory ballot measure on the impeachment of President Bush to the Peace and Justice Commission.

Financial Implications: See report

Contacts: Tom Bates, Mayor, 981-7100, Linda Maio, Councilmember, District 1, 981-7110, Kriss Worthington, Councilmember, District 7, 981-7170 and Dona Spring, Councilmember, District 4, 981-7140.

Action:  Adopted Resolution No. 63,274–N.S. (PDF, 215 KB) as amended by Councilmember Worthington, and referred to the Peace and Justice Commission as a possible advisory ballot measure as amended by Councilmember Maio to include Vice-President Cheney.

19. Reauthorization of the Voting Rights Act (PDF, 83 KB)

From: Councilmember Worthington

Recommendation: Join in a wide-ranging coalition (including the NAACP and California Common Cause) in urging Congress to reauthorize the Voting Rights Act, including temporary sections of the Act that will keep the Voting Rights Act strong.

Financial Implications: None

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

Action:  Approved recommendation.

20. Right to Know Ordinance –Allow Hotel Visitors to Make an Informed Decision when there is a Strike or Boycott (PDF, 130 KB)

From: Councilmember Worthington

Recommendation:  Refer to the Commission on Labor, the development of a Right to Know Ordinance to protect Berkeley visitors from unknowingly booking a room at a hotel where workers are on strike or have been locked out.  The City Council shall also refer this to the City Manager to initiate legal research on the draft Ordinance.

Financial Implications: None

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

Action:  Approved recommendation.

21. Proclamation: Armenian Genocide Commemoration Day (PDF, 122 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation declaring April 25, 2006 Armenian Genocide commemoration day in Berkeley to be presented at the April 25, 2006 council meeting.

Financial Implications: None

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

Action:  Approved proclamation.

22. Declaring May 2006 as Community Action Month (PDF, 142 KB)

a.   From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution declaring May 2006 to be Community Action Month.

Financial Implications: None

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

Recommendation: The City Managers concurs with the content and recommendations of the Commission.

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,275–N.S. (PDF, 74 KB)

Action Calendar – Presentation

23. Presentation: Storm Water Improvements (PDF, 178 KB)  (To be delivered)

From: City Manager

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

Action:  Presentation made and discussion held.

24. Presentation: Early Childhood Education Highlights and Accomplishments (PDF, 297 KB)

From: Commission on Early Childhood Education

Contact: Angellique De Coud, Secretary, 981-5428

Action:  Presentation made and discussion held.

Action Calendar – Appeals

25. ZAB Appeal: 1865 University Avenue – Use Permit No. 05-10000131

a.   From: City Manager (PDF, 11 MB)

Recommendation: Adopt a Resolution remanding Use Permit No.05-10000131 to the Zoning Adjustments Board (ZAB) to evaluate a more detailed applicant’s statement which shall include a full description of the nature of the proposed use, including the automotive sales, automotive service and tire sales/service components and the date at which Berkeley Tire ceased operation at that site and to consider whether the proposed changes reduce the intensity to the existing legal non-conforming use at 1865 University Avenue.

Financial Implications: None

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

b.   Appeal:

1.      Thomas V. Roland (PDF, 169 KB)

c.   Communications:

None.

Action:  Moved to Consent by Councilmember Maio.  Adopted Resolution No. 63,276–N.S. (PDF, 340 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 – Public Hearing

26. Appeal: 2946 Harper Street – Administrative Citations 0034, 0035, 0036, and 0038

a.   From: City Manager (PDF, 2 MB)

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution rejecting the property owner’s objection to the cost of the administrative fines issued to him for his failure to comply with the Notices of Violation regarding illegal construction at his property at 2946 Harper Street, and allowing the lien to be recorded as written and approved by the City Manager.

Financial Implications: General Fund - $59,600 revenue

Contact: Gregory Daniel, Code Enforcement, 981-2492

b.  Appeal:

1.      Ellen E.S. Rodin, Esq.

c.  Communications:

None.

Public Testimony:  The Mayor opened the public hearing.  3 speakers.  Moved, seconded, carried (Worthington/Maio; Absent - Anderson) to close the public hearing.

Action:  Moved, seconded, carried (Maio/Moore; Noes ­ Spring, Capitelli, Worthington Absent ­ Anderson) to confirm the assessment lien in the amount of $59,600 as set forth in the City Manager’s report and delegating authority to the City Manager to reduce the amount of the lien if the property owner removes the fence encroachment in the public right-of-way and the remaining amount of the lien is sufficient to cover staff costs of enforcement.

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

27. Community Development Block Grant (CDBG) (PDF, 987 KB) (Held over from April 18, 2006)

From: City Manager

Recommendation: Adopt a Resolution approving the City Manager’s recommendations to:  1) Approve $3,824,620 for funding proposals under the FY 2007 CDBG and ESG programs; 2) Switch up to $1,000,000 in previous year’s CDBG funds allocated to the Oxford Plaza Project with existing General Funds (GF) and allocate up to $1,000,000 of the recaptured CDBG funds to capital improvement projects proposed to be undertaken with General Funds by the Public Works Department; 3) Approve in concept the allocation of $87,570 in General Funds for public services activities to be undertaken by Bonita House, the East Bay Community Law Center, and Eden Council for Hope and Opportunity, with final funding appropriation to be considered with the adoption of the FY 2007 budget on June 27, 2006; 4) Allocate $1,180,324 of the FY 2007 HOME funds to the Housing Trust Fund and $138,744 for HOME program administration and $68,374 for HOME CHDO operating expenses; 5) Authorize the execution of resultant agreements, contract extensions and/or amendments for the FY 2007 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense funds with community agencies; and 6) Authorize the City Manager (CM) to submit the Second Year Annual Action Plan of the 2005-2010 Five-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME funding and execute all resulting agreements with HUD.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Moved, seconded, carried (Capitelli/Moore; Absent ­ Anderson) to Adopt Resolution No.63,277–N.S. (PDF, 512 KB) as amended in a supplemental memorandum dated April 25, 2006 to switch up to $1,000,000 in previous year’s CDBG funds allocated to the Oxford Plaza Project and Jubilee Village with existing General Funds and allocate up to $1,000,000 of the recaptured CDBG funds to capital improvement projects proposed to be undertake with General funds for Public Works and the Parks, Recreation and Waterfront Department; and approve in concept the allocation of $25,000 in General Funds to the University Students Cooperative.

28. Support Proposition 82, Public Preschool Education (PDF, 102 KB) (Held over as revised from March 21, 2006)

From: Councilmembers Worthington and Moore

Recommendation: Support Proposition 82, a ballot initiative on the June 6, 2006 Primary Election ballot, which would establish a right to voluntary public preschool education for four-year-old children funded by a 1.7% tax on individuals earning above $400,000 and couples earning above $800,000.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170 and Darryl Moore, Councilmember, District 2, 981-981-7120

Action:  Moved to Consent by Councilmember Wozniak.  (Abstain ­ Capitelli).  Approved recommendation.

Action Calendar – New Business

29. Creeks Task Force - Revised Schedule (PDF, 434 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 62,711A–N.S. revising the schedule for the Creeks Task Force and for suspension of the creek culvert provisions in the Creeks Ordinance (BMC Chapter 17.08).

Financial Implications: See report.

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

Action:  Moved, seconded, carried (Wozniak/Worthington; Absent ­ Anderson) to adopt Resolution No. 63,278–N.S. (PDF, 48 KB) amending Resolution 62,711A and revising the schedule for the Creeks Task Force and for suspension of the creek culvert provisions in the Creeks Ordinance (BMC Chapter 17.08)

30. Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (PDF, 6 MB)

From: City Manager

Recommendation: Adopt a first reading of one of two alternative Ordinances amending Berkeley Municipal Code (BMC) Title 23 to: 1a) require an Administrative Use Permit (AUP) for new uncovered parking spaces in all yards on residential lots, except when the space is for a by-right Accessory Dwelling Unit and not in the front yard, as recommended by the Planning Commission; or 1b) allow new uncovered parking spaces in rear and side yards by-right and require an AUP for parking in front yards on residential lots, as recommended by Staff; 2) revise the definition of “yard” to no longer prohibit parking in required yards; and 3) expand screening requirements for uncovered parking in rear yards, eliminate landscaping requirements along shared driveways, and clarify the intent and organization of the parking regulations.

Financial Implications: None

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

Action:  Moved, seconded, carried (Wozniak/Maio; Absent ­ Anderson) to hold the matter over to May 16, 2006.

31. Status of Gaia Arts Center Use Permit (PDF, 560 KB) (To be delivered)

From: City Manager

Recommendation: Take further action based on consultation with the City Attorney.

Financial Implications: See report.

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

Action:  Moved, seconded, carried (Maio/Capitelli; Noes ­ Worthington; Abstain ­ Spring; Absent ­ Anderson) that: 1) Carol Barrett had the authority to agree in her June 6, 2003 letter that the required cultural use had to have a minimum of 30% of the time devoted to performances; and, 2) this requirement must be construed to also require additional preparation time such as set-up and rehearsal time for such performances.

Carried (Noes ­ Spring, Worthington; Absent ­ Anderson) a severed motion affirming that: 1) non-cultural uses which are incidental to and compatible with the cultural uses are permissible as long as the cultural performances have priority in scheduling; 2) the staff is directed to return with specific proposals for implementation; and, 3) the pending Zoning Adjustments Board revocation proceedings shall be suspended until further Council action.

32. Preparation of Assessment Engineer’s Report for Proposed Utility Underground Assessment District No. 2006-47  (PDF, 776 KB) (To be delivered)

From: City Manager

Recommendation: Adopt two Resolutions: 1) declaring the City’s intent to prepare an Assessment Engineer’s Report and hold a public hearing to establish Utility Underground Assessment District No. 2006-47 (Miller/Stevenson); and 2) defining majority protest for purposes of establishing Utility Underground Assessment Districts.

Financial Implications: See report

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

Action:  Moved to Consent by Councilmember Maio.  Adopted Resolution No. 63,279–N.S. (PDF, 522 KB) and Resolution No. 63,280–N.S. (PDF, 63 KB)

33. Preliminary Approval of Assessment Engineer’s Report - Utility Underground Assessment District No. 2006-47 (PDF, 1 MB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution to preliminarily approve the Engineer's Report; set a public hearing for the Council meeting of June 20, 2006; and authorize the City Clerk to mail notices and ballots to all owners of parcels proposed to be assessed within the Assessment District, as shown in the Engineer's Report, a minimum of 45 days prior to the public hearing.

Financial Implications: See report

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

Action:  Moved to Consent by Councilmember Maio.  Adopted Resolution No. 63,281–N.S. (PDF, 200 KB)

34. Parking Exemptions for City CarShare Vehicles Used for City Business (PDF, 164 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.08.060 to exempt City CarShare vehicles used by City of Berkeley employees for City business from City laws relating to parking and standing of vehicles in the same manner as E plates.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Moved to Consent by Councilmember Maio.  Adopted first reading of the ordinance as amended to clarify that this is for vehicles bearing city signage identifying them for use for city business.  Second reading scheduled for May 16, 2006.

35. Transportation Grants and Staffing (PDF, 179 KB)

a.   From: Transportation Commission

Recommendation: Adopt a Resolution authorizing the City Manager to increase funding for an additional 1.0 FTE staff position to enable the Transportation Division to adequately carry out fundraising and grant management activities, as well as bicycle, pedestrian, transit, traffic safety, traffic calming and transportation demand management activities.

Financial Implications: See report

Contact: Peter Hillier, Secretary, 981-6300

b.      From: City Manager

Recommendation: Refer to budget process.

Contact: Claudette Ford, Public Works, 981-6300

Action:  The City Manager’s report was moved to Consent by Councilmember Maio to refer to the budget process.

36. AC Transit Stops and Service Cuts (PDF, 141 KB)

a.   From: Transportation Commission

Recommendation: Send a letter to the AC Transit Board of Directors urging AC Transit to: 1) implement the International-Telegraph Rapid without cutting existing 15-minute service on line 43 in Berkeley; 2) delay the AC Transit Planning Committee hearing on this topic to ensure the Berkeley Council can make a recommendation; 3) delay reduction of local service on the line 40 until after Phase 1 of the International-Telegraph Rapid service has been implemented and until staff analysis of preliminary ridership of the 40R and 40 routes is completed, six months to one year after Phase I implementation; 4) enter into a community dialogue and provide official notice to Berkeley regarding any proposed removal of stops; and 5) endorse AC Transit’s Bus Stop Removal Process as proposed to the AC Transit Board at its March 31, 2006 meeting, and that proposed Berkeley stop removals (lines 40 and 43) be delayed until they can be included in that process.

Financial Implications: Unknown

Contact: Peter Hillier, Secretary, 981-6300

b.   From: City Manager

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

Contact: Claudette Ford, Public Works, 981-6300

Action:  Held over to May 16, 2006 by Councilmember Maio.

37. Transportation Services Fee (To be delivered)

a.   From: Transportation Commission (PDF, 62 KB)

Recommendation: Adopt the Transportation Services Fees with the following conditions included in the Ordinance: 1) tie the threshold for fee application to a discretionary permit and 1,000 square feet of new floor area; 2) use a five-year definition of vacancy; and 3) assess the full fee six months after adoption of the enabling Ordinance.

Financial Implications: Unknown

Contact: Peter Hillier, Secretary, 981-6300

b.   From: City Manager (PDF, 158 KB)

Recommendation: Refer the Transportation Commission recommendations, detailed in the companion report, to staff for report to Council at its July 11, 2006 meeting.

Financial Implications: Unknown

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

Action:  The City Manager’s report was moved to Consent by Councilmember Maio to refer the Transportation Commission recommendations to staff for a report to Council on July 11, 2006.

Information Reports

38. Impact on Staff Resources for Additional Council Meetings (PDF, 150 KB)

From: City Manager

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

Action:  Received and filed.

39. Business License Tax Program Audit Report For Fiscal Year 2005 (PDF, 39 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor's Office, 981-6750

Action:  Received and filed.

40. Request for Fee Deferral - Savo Island Cooperative Homes (PDF, 244 KB)

From: City Manager

Financial Implications: See report

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

Action:  Received and filed.

41. West Berkeley Bowl (920 Heinz Avenue) - Status Report for proposed Use Permit, Environmental Impact (PDF, 152 KB)

From: City Manager

Financial Implications: None

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

Action:  Received and filed.

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.

Berkeley Alcohol Policy Advisory Coalition's (BAPAC) Proposal to Modernize Alcohol Outlet Policy

1.      Sam Herbert

2.      Robin Wright and Amnuay Amnuaydejkorn                            

3.      Dan B. Bristol

Creeks

4.      Terry Mandel (Wozniak)

5.      Barbara Gilbert

6.      Genevieve Dreyfus

Off-street Parking in Required Yards on Residential Lots (Moore)

7.      Donna Graves

8.      Tiana Arruda

9.      Steve Schiff

10.  Bill Hoffman

11.  Glen Hauer

Crime and Neighborhood Safety

12.  Sam Herbert

13.  Barbara Gilbert

Breed Specific Dog Ownership Legislation

14.  Nick and Barbara Rosenlicht

Curtis Tompkins Lab

15.  Mary White

Gaia Building

16.  Anna de Leon

Public Safety Research

17.  Gary W. Lacy

Budget

18.  Barbara Gilbert

 

To Be Delivered and Supplemental Reports 1

Item 6:  Contract: Peer and Consumer-Based Mental Health Services

·        To be delivered report, submitted by Health and Human Services (PDF, 118 KB)

Item 23:  Presentation: Storm Water Improvements

·        To be delivered report, submitted by Public Works (PDF, 178 KB)

·        Presentation materials, submitted by Public Works (PDF, 696 KB)

Item 27:  Community Development Block Grant (CDBG)

·        Supplemental report, submitted by Housing (PDF, 300 KB)

Item 31:  Status of Gaia Arts Center Use Permit

·        To be delivered report, submitted by Planning and Development (PDF, 559 KB)

Item 32:  Preparation of Assessment Engineer’s Report for Proposed Utility Underground Assessment District No. 2006-47

·        To be delivered report, submitted by Public Works (PDF, 775 KB)

Item 33:  Preliminary Approval of Assessment Engineer’s Report - Utility Underground Assessment District No. 2006-47

·        To be delivered report, submitted by Public Works (PDF, 1 MB)

Item 37:  Transportation Services Fee

·        To be delivered report, submitted by Transportation Commission (PDF, 61 KB)

·        To be delivered report, submitted by Public Works (PDF, 158 KB)

 

To Be Delivered and Supplemental Reports 2

Item 18: Impeach President George W. Bush

·        Revised resolution, submitted by Councilmember Worthington (PDF, 71 KB)

Item 30: Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots

·        Supplemental report, submitted by Planning and Development (PDF, 1 MB)

Item 31:  Status of Gaia Arts Center Use Permit

·        Presentation material, submitted by Planning and Development (PDF, 58 KB)

Item 33:  Preliminary Approval of Assessment Engineer’s Report - Utility Underground Assessment District No. 2006-47

·        Presentation material, submitted by Public Works (PDF, 633 KB)
 

Supplemental Communications 1 (PDF, 4 KB)

Item 16:  Berkeley Alcohol Policy Advisory Coalition's (BAPAC) Proposal to Modernize Alcohol Outlet Policy

19.  Cheryl T. Cohen-Greene

20.  Dean Metzger

21.  Wendy Alfsen

22.  McKinley Thompson

Item 26:  Appeal: 2946 Harper Street – Administrative Citations 0034, 0035, 0036, and 0038

23.  Ellen Rodin

Item 29:  Creeks Task Force - Revised Schedule

24.  Barbara Gilbert

25.  Kevin M. Powell (Wozniak, Olds)

26.  Shirley Dean (Wozniak)

Item 30:  Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots

27.  Robert Lauriston (Moore)

Item 31:  Status of Gaia Arts Center Use Permit

28.  Michael Patrick Durkee, Allen Matkins Leck Gamble & Mallory LLP
 

Supplemental Communications 2 (PDF, 4 KB)

Item 16:  Berkeley Alcohol Policy Advisory Coalition's (BAPAC) Proposal to Modernize Alcohol Outlet Policy

29.  Marie Bowman, BANA, submitted by Robert Baum

Item 26:  Appeal: 2946 Harper Street – Administrative Citations 0034, 0035, 0036, and 0038

30.  Ellen E. S. Rodin

Item 30:  Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots

31.  Barbara Gilbert

32.  Marie Bowman, BANA, submitted by Robert Baum

Berkeley Poetry Festival

33.  John Roewe

Kairo’s Youth Choir

34.  Laura Kakis Serper

Low-Frequency Electromagnetic Fields

35.  Kathleen Bernier

Meiklejohn Civil Liberties Institute

36.  Ann Fagen Ginger

Veterans For Peace, Inc.

37.  Gene Bernardi

 

Adjournment

Adjourned at 11:29 p.m.