Agenda Committee Item #6
Council Draft Agenda - April 12, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 12, 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.

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- Recess

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.      Contract: Shelter Plus Care Renewal Contract with the County of Alameda

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to execute a renewal contract with the County of Alameda for the amount of $218,652, to provide tenant-based rental assistance through the Shelter Plus Care Supportive Housing Program for the 12-month period February 1, 2005 through January 31, 2006.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

2.      Co-Sponsorship of Rebuilding Together’s National Rebuilding Day

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to co-sponsor Rebuilding Together’s participation in National Rebuilding Day on May 20, 2005.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

3.      Proposed Elimination of the Federal Community Development Block Grant Program

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to communicate to congressional representatives, Senate Appropriation Subcommittees and League of California Cities that the City: 1) opposes eliminating Community Development Block Grant (CDBG) allocations in the FY 2006 Federal Budget; 2) supports preserving CDBG in the U.S. Department of Housing and Urban Development (HUD) Budget; and 3) supports preserving and increasing overall appropriation allocations for HUD programs.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

4.      Contract: Summer Food Service Program

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to execute a contract and any amendments with the San Lorenzo Unified School District to provide lunches and snacks to youth 18 years and younger through the California Department of Education Nutrition Services Division Summer Food Service Program for the period June 1, 2005 through August 31, 2008, in a total amount not to exceed $400,000; and rescinding Resolution No. 62,813–N.S.

Financial Implications: Youth Lunch Fund – $67,576 in FY06 (Reimbursed annually by the California Department of Education).

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

5.     Purchase Order: Lincoln Equipment Pool Supplies

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess authorizing expenditures up to $70,000 for pool supplies for Parks Recreation & Waterfront Department, Aquatic Programs provided by the Lincoln Equipment Inc. for the period of July 1, 2004 through June 30, 2005.

Financial Implications: General Fund and Capital Improvements Fund – $70,000.

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


Consent Calendar

6.      Zoning Ordinance Revisions for Teaching-related Home Occupation Permits (First Reading March 22, 2005 – Unanimous)

From: City Manager

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

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

Contact: Dan Marks, Planning, 981-7400

7.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of March 8, 2005 (special and regular), March 14, 2005 (closed), March 15, 2005 (regular) and March 22, 2005 (regular).

Contact: Sara Cox, City Clerk, 981-6900

8.      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 Cox, City Clerk, 981-6900

9.      Council Rules Amendment Permitting Public Comment on Quasi Judicial Matters

From: City Manager

Recommendation:  Adopt a Resolution amending the Council Rules of Procedure J (c) to delete the limitation on public comment on appeals to conform to the Council resolution concerning quasi-judicial hearings.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

10.   Amendment to Graffiti Ordinance

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.98.030 to add the phrase “of Berkeley” after the word “City” in the first and second sentences.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

11.   Shyanne Reese v. City of Berkeley

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. HG 03 114568 entitled Shyanne Reese v. City of Berkeley in the amount of $64,000.

Financial Implications: Public Liability Fund – $64,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

12.   South Berkeley Revolving Loan Fund Administrative Plan

From: City Manager

Recommendation:  Adopt a Resolution approving the Administrative Plan for the South Berkeley Revolving Loan Fund (RLF) for the expanded lending Target Area in South Berkeley.

Financial Implications: See report.

Contact: Tom Myers, Economic Development, 981-7530

13.   South Berkeley Revolving Loan Fund Certification

From: City Manager

Recommendation:  Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

14.   Formal Bid Solicitations and Requests for Proposals

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Refuse Collection Disposal – $100,000.

Contact: Fran David, Finance, 981-7300

15.   Contract Amendment: X-Ray and Laboratory Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Alta Bates Summit Medical Center for the provision of essential laboratory services to increase the contract amount by $20,000 for a total contract amount not to exceed $80,000.

Financial Implications: General Fund – $16,000; State Health Services Fund – $4,000.

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

16.   Contract: West Street Improvement Project

From: City Manager

Recommendation: Adopt a Resolution approving the plans and specifications for the West Street Improvement project; accepting the bid of Granite Construction Company; and authorizing the City Manager to execute a contract and any amendments in a total amount not to exceed $755,000 for a period of 150 calendar days.

Financial Implications: Various Funds – $755,000.

Contact: Rene Cardinaux, Public Works, 981-6300

17.   Contract Amendment: Hills Fire Station

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Alan Kropp & Associates, Inc. for geo-technical and soil testing services for the Hills Fire Station Project, increasing the amount by $10,000 for a total amount not to exceed $92,500 for the period April 12, 2005 through June 30, 2006.

Financial Implications:

Contact: Rene Cardinaux, Public Works, 981-6300

18.   Contract Amendment: Sanitary Sewer Rate Analysis - Brown and Caldwell

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Brown and Caldwell for sanitary sewer rate analysis, increasing the existing contract amount by $25,700 for a new total amount not to exceed $50,000 and extending the contract by 180 calendar days.

Financial Implications: Sanitary Sewer Fund – $25,700.

Contact: Rene Cardinaux, Public Works, 981-6300

19.   Appointments to Alameda County Transportation Improvement Authority Citizen Advisory Committees (PDF, 67 KB) 

From: Mayor Bates

Recommendation: Reappoint Linda Perry to the Alameda County Transportation Improvement Authority (ACTIA) Citizens Advisory Committee and Robert L. Smith to the ACTIA Paratransit Advisory Planning Committee.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

20.   Opposition to State-Mandated Defined Contribution Plan (PDF, 333 KB) 

From: Mayor Bates

Recommendation:  Adopt a Resolution: 1) opposing Assembly Constitutional Amendment 5 (ACA 5) and Assembly Special Session Constitutional Amendment 1 (ACAX 1) to privatize the PERS retirement system; 2) supporting the League of California Cities Public Pension Reform model as the starting point for reducing pension costs and ensuring retirement security for our employees; and 3) sending letters to Assemblywoman Loni Hancock, State Senator Don Perata, and Governor Arnold Schwarzenegger indicating this position.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

21.   Improved Traffic Control at Gilman and Curtis Streets (PDF, 69 KB)

From: Councilmember Maio

Recommendation:  Request the City Manager to present a plan to the Transportation Commission to improve safety and traffic control at Gilman and Curtis, and submit the plan, including implementation, for Council approval.

Financial Implications: Staff time.

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

22.   Specific Zoning for San Pablo Avenue (PDF, 61 KB)

From: Councilmembers Maio and Moore

Recommendation:  Request the City Manager to add specific zoning for San Pablo Avenue to the work plan projects for the Planning Department.

Financial Implications: Staff time.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

23.   Drayage: 651 Addison Street (PDF, 5 KB)

From: Councilmember Spring

Recommendation:  Explore options regarding the evacuation of artists residing at 651 Addison Street to give them more time to find solutions.

Financial Implications: Unknown.

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

24.   State Density Bonus Calculations (PDF, 19 KB)

From: Councilmember Spring

Recommendation:  Establish that the City’s application of the state density bonus will be consistent with state law, Government Code §65915, (g), governing the density bonus statute, “The allowable density bonus is calculated at the date of application by the applicant to the city”.

Financial Implications: None.

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

25.   Community Development and Block Grant Funding and Program Retention (PDF, 245 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution urging Congress to fully fund the Community Development Block Grant (CDBG) program and retain the program within the Department of Housing and Urban Development (HUD).

Financial Implications:

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

26.   Oppose Governor Schwarzenegger’s Petitions for a Special Election (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Oppose Governor Schwarzenegger’s three petitions in circulation for a special election and urge people not to sign them.

Financial Implications: None.

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

27.   Support National Housing Trust Fund Campaign (PDF, 136 KB)

From: Councilmember Worthington

Recommendation: Support the National Housing Trust Fund Campaign to establish a National Housing Trust fund to build, rehabilitate and preserve 1.5 million units of primarily rental housing for the lowest income families over the next ten years.

Financial Implications: None.

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

28.  Condominium Conversions (PDF, 28 KB)

From: Councilmember Wozniak

Recommendation: Request the City Manager, in light of probable repeal of the City’s Tenants in Common prohibition, to direct staff to review the current ordinance regulating condominium conversions, and return to Council with a recommendation to amend the BMC in order to: 1) make conversions to condominiums more attractive to property owners than conversions to tenants in commons; 2) maximize protection of existing tenants; and 3) direct any proceeds from condominium conversion into the Housing Trust Fund.

Financial Implications: Staff time; potential revenue for the Housing Trust Fund.

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

Action Calendar - Presentation

29.   Sister City Presentation: Borneo Project

From: City Manager

Recommendation: Present information on the Berkeley–Uma Bawang sister city relationship and the history of the Borneo Project and its positive impact on rain forest preservation and indigenous rights.

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

Action Calendar – Public Hearing

30.    Sewer Service Charges For Fiscal Year 2006

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 17.04.010, Rates for Designated Premises, and 17.04.015, Appeals; and 2) adopt a Resolution establishing sewer service charges for FY 2006, effective May 18, 2005.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

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

31.    Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) (Held over from December 7, 2004 by Councilmember Anderson)

a.      From:  City Manager (July 13, 2004 Report)

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a major encroachment permit to the University of California for a pedestrian bridge crossing  (Foothill) over Hearst Avenue east of La Loma Avenue on the following conditions: 1) an improved bridge design is submitted and approved by the Public Works Director, in consultation with the Design Review Committee; 2) any detrimental effects on the immediate community are offset by contributing to specified pedestrian safety and public infrastructure improvements in the “Hearst Corridor,” in the amount of $200,000; and 3) all plan check comments and other technical issues are resolved to the satisfaction of the Public Works Director.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300

b.   From: Public Works Commission (July 13, 2004 Report)

Recommendation:  Deny the application from the University of California for an encroachment permit, either a Conditional or a Full Permit, for a Pedestrian Bridge over Hearst Avenue near La Loma Avenue.

Contact: Jeffrey Egeberg, Secretary, 981-6406

c.   From: Public Works Commission (November 9, 2004 Report)

Recommendation:  Should Council pursue the option of issuing a permit with mitigations, the following language should be adopted: “Whereas this project and its application for an encroachment permit have a unique history, therefore this permit does not create a precedent for future requests for such permits; and in the future, any such encroachment permits should be secured before any part of intended construction is begun.”

Financial Implications: None.

Contact: Jeffrey Egeberg, Secretary, 981-6406

d.   From: Councilmember Spring (PDF, 35 KB) (April 12, 2005 Report)

Recommendation: Request that the University of California fund alternatives to the proposed Foothill Pedestrian Bridge: 1) a seismically safe, base isolated pedestrian tunnel; and 2) upgrade and install pedestrian and bicycle activated traffic signals in the North and East campus area for increased public safety.

Financial Implications: None.

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

e. From: Commission on Disability (PDF, 29 KB) (April 12, 2005 Report)

Recommendation: Approve the application from the University of California for the encroachment permit to build a pedestrian bridge over Hearst Avenue near La Loma Avenue.

Contact: Paul Church, Secretary, 981-6342

f.    Communications (November 9, 2004)

1.      David Mandel, Facilities Services, Physical and Environmental Planning at U.C. Berkeley, care of Jeff Egeberg, Public Works Department

32.  Amend Environmental Procedures (Held over from March 15, 2005 by Councilmember Spring)

From: Councilmember Spring

Recommendation:  Request the City Manager to amend the City’s Environmental Procedures and post the attached environmental procedures guidelines on the City’s web page as part of the City’s land use/environmental procedures.

Financial Implications: None.

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

33.   Contract: Telephone Equipment Replacement (Held over from March 22, 2005 by City Manager)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nexus Inc. for telephone equipment replacement components and related services in the amount of $50,000 per year, for a total amount not to exceed $120,000 for the period April 1, 2005 through June 30, 2007.

Financial Implications: General Fund – $120,000.

Contact: Chris Mead, Information Technology, 981-6500

 

Action Calendar – New Business

34.  Amendments to Subdivision Ordinance Regarding Tenancies in Common

From: City Manager

Recommendation:  1) Adopt first reading of an Ordinance amending and repealing various sections of BMC Chapter 21.28 to eliminate regulation of tenancies in common and limit fees for conversion of rental units to condominiums; and 2) refer to Housing Advisory Commission issues related to refinement of the Ordinance and drafting priorities to apply to units applying for condominium conversion.

Financial Implications: None.

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

35.  Civic Center Park Rehabilitation Project

From: City Manager

Recommendation: Adopt a Resolution allocating from one-time FY 2006 General Funds:
1) an additional $400,000 to build all elements in the Civic Center Park Rehabilitation Project, including the fountain; and 2) $200,000 to operate and maintain the fountain for three plus years, after this costs will be assumed by the Parks Tax.

Financial Implications: Various Funds – $981,000.

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

36.   Revisions to the Zoning Ordinance

From: City Manager

Recommendation:  Adopt first reading of an Ordinance to correct various typographic errors in Title 23 (Zoning Ordinance), and clarify long-standing interpretations of the regulatory text.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

37.   Parking Fine Revenue Improvements

From: City Manager

Recommendation: Adopt a Resolution approving addition of one Parking Enforcement Supervisor (PES) position to improve enforcement operations and productivity and three additional Parking Enforcement Officer (PEO) positions to increase parking revenues and improve parking enforcement.

Financial Implications: Increased revenue - – $293,460 in FY 2006; $805,677 in FY 2007..

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

Information Reports

38.   FY 2006 Civic Arts Grant Requests

From: Civic Arts Commission

Contact: Tom Myers, Economic Development, 981-7530

39.   Community Choice Aggregation and Clean Energy Bond

From: City Manager

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

40.  Community Choice Aggregation and PG&E Procurement

From: City Manager

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

41.  Unrepresented Temporary Employees Information Report

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

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

From: City Manager

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

43.   Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit- 2180 Milvia Street and 2640 College Avenue

From: City Manager

Contact: Dan Marks, Planning, 981-7400

44.   Contract: Janitorial Services (CF 34-04)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

45.   Update on Use of Biodiesel

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

46.   West Berkeley Rail Stop Public Art Call for Artists (PDF, 160 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533


Communications

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

Funding for Community Choice Aggregation

1.      Juliet Lamont

2.      Alan Gould

Trash Collection and Noise

3.      Anne Marselis, Saint John’s Neighbors (5)

Berkeley Bowl West

4.      Kathleen Lopes

Animal Shelter Staff Cuts

5.      Chadidjah McFall

Brower Center

6.      Charlene M. Woodcock

Board of Library Trustees (BOLT)

7.      Jane Welford, Berkeleyans Organizing for Library Defense (BOLD)

Albany Racetrack

8.      Barbara Gilbert

9.      Charlie and Anne Smith, submitted by Barbara Gilbert

Hate Crime Investigation

10.  Louis Calabro, European/American Issues Forum (2)

Bateman Tot Park and Alta Bates ER Traffic

11.  Julie Gordon Shearer

Burnt Pot Handle Smell

12.  L A Wood


Adjournment