Agenda Committee Item #4
Council Draft Agenda - March 22, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 22, 20057:00 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.

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.      Lease Agreement: 2033 Center Street (First reading March 15, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Rising Sun Energy Center to use property located at 2033 Center Street for the purpose of operating a non-profit organization to educate the public, provide residential audits and services and train and employ young people to work with the public.

Financial Implications: General Fund – $3,600 increase in annual revenue.

Contact: Rene Cardinaux, Public Works, 981-6300

2.      Needle Exchange

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

3.      Contract: Dental Services

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, 2004 through June 30, 2006 in an amount not to exceed $100,000.

Financial Implications: General Fund, Health Disparities – $100,000.

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

4.      Grant: Waste Tire Enforcement Grant

From: City Manager

Recommendation:  Adopt a Resolution and authorizing the City Manager to: 1) submit a grant application to the California Integrated Waste Management Board (CIWMB) for funds in the amount of approximately $148,000 for FY 2004/2005 Waste Tire Enforcement Grant to support a program in FY 2006 to ensure waste tires are properly managed within the City; 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) authorize the implementation of projects and appropriation of funding for related expenses, subject to securing the grant; and rescinding Resolution No. 62, 811–N.S.

Financial Implications: Grant Revenue – $148,000. No matching funds required.

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

5.      Contract: Retiree Health Premium Assistance Plan Third-Party Administrator

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Lipman Company, Inc. (TCL) for administration of the Retiree Health Premium Assistance Plan and other retiree medical programs for sworn Fire and Police personnel of the period covering January 1, 2005 through December 31, 2006, for a total not to exceed $95,000.

Financial Implications: Various Funds – $95,000.

Contact: David Hodgkins, Human Resources, 981-6800

6.     Contract Amendment: Consultant Services – Lindy West & Associates

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase the contract amount with Lindy West & Associates by $20,000 for a total contract amount not to exceed $70,000 for consulting services for the reduction of lost time and return to work under the workers’ compensation program.

Financial Implications: $20,000.

Contact: David Hodgkins, Human Resources, 981-6800

7.      Civic Center Park Rehabilitation Project

From: City Manager

Recommendation:  Adopt a Resolution to defer the fountain restoration to the future, and complete the majority of the remaining Phase I work as designed to 100%.

Financial Implications: See report – $981,000.

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

8.      Contract Amendment: Hills Fire Station - McNamara & Smallman Construction, Inc.

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McNamara & Smallman Construction, Inc. for the Hills Fire Station at Shasta Road, in the amount of $87,000 for storm drain mitigation work, increasing the total contract in an amount not to exceed $1,244,273 and extending the term for an additional 60 calendar days.

Financial Implications: Measure G Fund – $87,000.

Contact: Rene Cardinaux, Public Works, 981-6300

9.      Fines and Late Payment Policies for Newly Developed Parking Violations

From: City Manager

Recommendation:  Adopt a Resolution establishing fines and late payment penalties for newly developed Berkeley Municipal Code (BMC) Section 14.52.063 which makes it unlawful and a violation if a motor vehicle is within a pay-and-display area and a dispensing machine ticket is not displayed upon the vehicle and Municipal Code Section 14.52.066 which makes it unlawful and a violation to improperly display a pay-and-display dispensing machine ticket within a pay-and-display area.

Financial Implications: Neutral revenue impact.

Contact: Peter Hillier, Transportation, 981-7010

10.  Zero Waste Goal (PDF, 276 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution: 1) reaffirming the City’s commitment to reaching the Alameda County goal of 75% reduction in waste going to landfills by 2010; 2) setting, in principle, a goal of reaching “zero waste” by 2020; and 3) referring this issue to the Solid Waste Commission for review and recommendations on setting and reaching a zero waste target.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

11.  Join City of Seattle in Support of Kyoto Protocols (PDF, 204 KB)

From: Councilmember Worthington

Recommendation:  Join the City of Seattle’s Mayor Greg Nickels in meeting the goals of the Kyoto Protocol and join the “green coalition” of mayors for the next meeting of the U.S. Conference of Mayors.

Financial Implications: None.

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

12.  Appointment: Ying Lee to the Board of Library Trustees

a.      From: Board of Library Trustees (PDF, 109 KB)

Recommendation: Adopt a Resolution approving the recommendation of the Board of Library Trustees to appoint Ying Lee for a four-year term beginning March 22, 2005 and ending March 22, 2009.

Financial Implications: None.

Contact: Jackie Y. Griffin, Secretary, 981-6195

b.      From: City Manager

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

Contact: Jackie Y. Griffin, City Manager, 981-6195

13.  Community Agency Funding Review Process

a.      From: Human Welfare Community Action Commission (PDF, 182 KB)

Recommendation:  Adopt a Resolution appointing a representative of City Council to review the polices and procedures for allocating funds to community agencies, specify the role of the HWCAC in the allocation process, and implement the following corrective measures: 1) refer all recommended Council-initiated changes in excess of $2,500 to the Commission for their input; 2) establish a 60-day review period for that purpose; and 3) establish a reserve of $230,000 as a “buffer” so that the City’s budget would not be affected by any late-developing cuts in federal or state social services funding.

Financial Implications:

Contact: Kristen Lee, Secretary, 981-5247

b.      From: City Manager

Recommendation: Take no action at this time.

Contact: Stephen Barton, Housing, 981-5400

14.  Sanitary Sewer Study

a.      From: Public Works Commission (PDF, 204 KB)

Recommendation:  Request: 1) that the City Manager be asked to revisit the decision to apply a 14% Workers Compensation rate to the Sewer Fund to determine if it is equitable with respect to its share of the associated liability. This rate appears high compared to the rates applied to other City jobs which are inherently more dangerous, such as police (10%) and fire (9%); and 2: that the Public Works Commission be afforded the opportunity to continue to perform annual reviews of the program and monitor progress on overhead charges and all other aspects of the Sanitary Sewer Program.

Financial Implications: See report.

Contact: Jeff Egeberg, Secretary, 981-6406

b.      From: City Manager

Recommendation: Adopt a Resolution: 1) setting the average workers’ compensation rate charged to the Department of Public Works in FY 2006 at 13%; and 2) that the Public Works Commission be afforded the opportunity to continue to perform annual reviews of the program and monitor progress on overhead charges and all other aspects of the Sanitary Sewer Program.

Contact: Rene Cardinaux, Public Works, 981-6300

Action Calendar - Presentations

15.  Presentation: Oakland/Berkeley Asthma Hospitalization Report

From: City Manager

Recommendation:  Presentation and discussion by Poki Namkung regarding the “Oakland/Berkeley Asthma Hospitalization Report” prepared by the Oakland Berkeley Asthma Coalition.

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

16.  Presentation: Commission on Early Childhood Education

From: Commission on Early Childhood Education

Recommendation: Presentation by the Commission to provide information on the I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event honoring local child care providers.

Contact: Angellique De Coud, Secretary, 981-5428


Action Calendar – Appeals

17.  2104-Sixth Street – Appeal of Zoning Adjustments Board Decision

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND) and approve: 1) the demolition of 2108 Sixth Street, a single family residence, and its replacement with two residential units; and 2) the construction of an additional dwelling unit at 2104 Sixth Street, and dismiss the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Jano Bogg and Sandy Kasten

c.       Communications:

2.      Timothy Rempel

18.  2104-Sixth Street – Appeal of Landmarks Preservation Commission Decision

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission (LPC) to approve alterations to the buildings at 2104 and 2108 Sixth Street, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Jano Bogg

c.       Communications:

1.      Timothy Rempel

 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 – New Business

19.  Zoning Ordinance Revisions for Teaching-related Home Occupation Permits

From: City Manager

Recommendation:  Adopt first reading of an Ordinance incorporating comprehensive amendments to Chapter 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

20.  Parking Revenue Improvements

From: City Manager

Recommendation: Adopt a Resolution approving the Parking Improvement Plan, the addition of one Parking Enforcement Officer Supervisor position to improve enforcement operations and productivity; authorizing backfill resulting from the promotion of a new supervisor; and adding three additional Parking Enforcement Officer positions in order to increase parking revenues.

Financial Implications: General Fund – $827,000 estimated increased revenue.

Contact: Douglas N. Hambleton, Police, 981-5900


Information Reports

21.  Rental Housing Safety Program Update (CF 53-03)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

22.  Landmarks Preservation Commission Notice of Decision: 2180 Milvia Street – Approval of Structural Alteration Permit

From: City Manager

Contact: Dan Marks, Planning, 981-7400

23.  Noise from Car Stereos and Motorcycle/Motor Scooters (CF 66-04)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Agenda Item Number and Title

1.      Author


Adjournment