Agenda Committee Item #5
Council Draft Agenda - July 19, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 19, 2005

7:00 P.m.

Council Chambers, 2134 Martin Luther King Jr. Way
 

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.      Gas Heating Certification Compliance Schedule (First Reading July 12, 2005)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040 to allow the City Manager to establish a schedule for when owners of residential dwelling units and lodging houses are required to comply with the gas heating certification program.

Financial Implications: Increased revenue.

Contact: Stephen Barton, Housing, 981-5400

2.      Lease: Women’s Daytime Drop In Center (First Reading July 12, 2005)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Ordinance No. 6,782-N.S. to ratify the 20-year lease agreement with a 10-year option to extend with the Women’s Daytime Drop In Center (WDDC) for City-owned property located at 2213 Byron Street for the purpose of providing transitional housing for homeless women and children.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

3.      Administrative Fees: Inclusionary Housing Program (First Reading July 12, 2005)

From: City Manager

Recommendation: Adopt second reading of Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 authorizing the City Council to set fees by Resolution.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

4.      Contract: The Berkeley Alliance

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance to provide administrative support and project services for this partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley not to exceed $65,000 for the period July 1, 2005 to June 30, 2006.

Financial Implications: General Fund – $65,000.

Contact: Arrietta Chakos, City Manager, 981-7000

5.      Contract: Legislative Representation Services - Lynn Suter & Associates

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lynn Suter & Associates to provide the City with legislative representation services in Sacramento from July 1, 2005 to June 30, 2006, in an amount not to exceed $49,970.

Financial Implications: General Fund – $49,970.

Contact: Arrietta Chakos, City Manager, 981-7000

6.      Loan to The Elmwood Theater Foundation

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase in the City loan to the Elmwood Theater Foundation by $80,000 to a total not to exceed $170,000 to complete the seismic retrofit of the Elmwood Theatre, 2966 College Avenue, due to increases in the cost of the retrofit.

Financial Implications: Citywide Loan Fund – $80,000.

Contact: Tom Myers, Economic Development, 981-7530

7.      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: Building Maintenance Fund – $140,000.

Contact: Fran David, Finance, 981-7300

8.      Purchase Order: Copy Paper and Office Supplies

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Corporate Express to furnish 100 percent recycled process chlorine free (PCF) copy paper and all other office supplies for a period of one year from July 1, 2005 until June 30, 2006.

Financial Implications: Alameda County Waste Management Grant Funds will cover any cost differentials.

Contact: Fran David, Finance, 981-7300

9.      Regulation of Taxicabs and Automobiles for Hire

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.52, Taxicabs and Automobiles for Hire.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

10.  Sidewalk Vending – Arts and Crafts; Flowers

From: City Manager

Recommendation:  1) Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48, Sidewalk Vending – Arts and Crafts and Flower Vending in order to define specific and distinct flower vending requirements, and establishing fees be set by Council Resolution; and 2) adopt a Resolution, effective concurrently with the Ordinance reenacting BMC Chapter 9.48, establishing all related fees for sidewalk vending at the existing rates, as previously established on January 1, 1993 (Ordinance No. 6,112–N.S.)

Financial Implications:  None.

Contact: Frances David, Finance, 981-7300

11.  Contract: Transitional Housing – Avondale Hotel

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with the Avondale Hotel for the provision of AB2034 grant-based rental subsidies for transitional housing for individuals who are homeless and mentally disabled in a total amount not to exceed $105,000 for the period May 1, 2005 through November 30, 2005.

Financial Implications: AB2034 Fund – $105,000.

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

12.  Contract: United Pharmacy

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) extend the Purchase Order with United Pharmacy through August 31, 2005 pending the execution of a contract with the selected vendor; 2) execute a contract with United Pharmacy for prescription medications in an amount not to exceed $276,000 for the period July 1, 2005 through June 30, 2006.

Financial Implications: Health Fund – $276,000.

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

13.  Grant and Contract: Tobacco Prevention Services

From: City Manager

Recommendation:  1) Adopt a Resolution authorizing the City Manager to: a) accept a grant in the amount of $400,000 from the California Department of Health Services for the purpose of decreasing the prevalence of tobacco use among Berkeley’s young adults, aged 18-29 years, the low socioeconomic population, the African-American population, and the Asian and Pacific Islander population at the University of California-Berkeley for the period July 1, 2005 to June 30, 2008; b) execute any resultant revenue agreements and amendments; and
c) authorize the implementation of projects and appropriation of funding for related expenses, subject to securing the grant; and 2) adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the University of California at Berkeley, University Health Services to complete the scope of work on a project to decrease the prevalence of tobacco use among Berkeley’s young adults for the period July 1, 2005 to June 30, 2008 in an amount not to exceed $123,000.

Financial Implications: Grant Revenue - $400,000; no matching funds. Health Fund – $123,000.

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

14.  SRIP II Long Term Disability Insurance Contract with Cigna Group Insurance

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance to provide Long-Term Disability (LTD) insurance at the premium rate of 0.405% for every $100 of active Supplementary Retirement and Income Plan II (SRIP II) participants’ covered salaries for most non-sworn employees effective July 1, 2005 through June 30, 2007.

Financial Implications:  See report.

Contact: David Hodgkins, Human Resources, 981-6805

15.  Contract: Employee Assistance Plan Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Claremont Behavioral Services to provide continued services for the Employee Assistance Program (EAP) through June 30, 2005 in the amount of $16,239 and extend the contract for the period July 1, 2005 through June 30, 2007 in a total amount of $345,960.

Financial Implications: Fringe Benefits – $16,239 through June 2005; $345,960 July 2005 through June 2007.

Contact: David Hodgkins, Human Resources, 981-6800

16.  Classification: Infrastructure Maintenance Manager

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,812-N.S. Classification and Salary Resolution for Unrepresented employees, to add the classification and salary range of Infrastructure Maintenance Manager.

Financial Implications: Sanitary Sewer Operation Fund – $136,959.

Contact: David Hodgkins, Human Resources, 981-6800

17.  Purchase Order: Notebook, Desktop, and Server Computers

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to sign a letter of participation with the Western States Contracting Alliance for the purchase of Dell Inc. computers for the period July 13, 2005 to June 30, 2007.

Financial Implications: Computer Replacement Fund – $700,000.

Contact: Chris Mead, Information Technology, 981-6500

18.  Contract: Turtle Island Monument Artwork at Civic Center Park Fountain

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Scott K. Parsons for design, development and installation of the Turtle Island Monument at the Civic Center Park Fountain in an amount not to exceed $34,000 and allow the artwork to be publicly displayed until the fountain is restored.

Financial Implications: Measure S Funds – $34,000.

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

19.  Appointment of Joint Zoning Adjustments Board/Planning Commission Subcommittee for Density Bonus/Inclusionary Ordinance Procedures

From: City Manager

Recommendation:  Appoint a joint subcommittee pursuant to the City of Berkeley Commissioner’s Manual comprised of members already appointed to separate subcommittees by the Planning Commission and the Zoning Adjustments Board for the purpose of reviewing and recommending procedures for the implementation of State Density Bonus Law and any requisite changes or recommendations for the Inclusionary Housing Ordinance.

Financial Implications:  See report.

Contact: Dan Marks, Planning, 981-7400

20.  Purchase Order: DNA Testing

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase the purchase order with Forensic Analytical Laboratory for DNA testing and analysis by $15,000 for a total amount not to exceed $60,000 for FY 2005.

Financial Implications: General Fund – $15,000.

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

21.  Contract: Consultant Services for Work Management Needs Analysis-Public Works

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Weston Solutions, Inc. for consultant services to complete a formal needs analysis for the Department of Public Works regarding work order, maintenance and asset management in an amount not to exceed $40,000.

Financial Implications: $40,000.

Contact: Rene Cardinaux, Public Works, 981-6300

22.  Contract: Strawberry Creek Culvert Repair

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Condon Johnson and Associates, Inc. for emergency repair work performed on the failed section of Strawberry Creek Culvert on Allston Way, increasing the existing contract amount by $40,264 for a total amount not to exceed $290,264.

Financial Implications: Capital Improvement Fund – $40,264.

Contact: Rene Cardinaux, Public Works, 981-6300

23.  Purchase Order: Long Haul Tractors and Refuse Trailers

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Western Truck Center of Sacramento, California in an amount not to exceed $656,600 to purchase four long-haul tractors and five refuse trailers for the Solid Waste Management Division of the Public Works Department in FY 2006.

Financial Implications: Equipment Replacement Fund – $656,600.

Contact: Rene Cardinaux, Public Works, 981-6300

24.  Purchase Order: Aerial Bucket Truck

From: City Manager

Recommendation:  Adopt a Resolution accepting the City and County of San Francisco’s bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with Terex Utilities West in an amount not to exceed $87,600 to purchase an Aerial Bucket Truck for the Parks, Recreation and Waterfront Department.

Financial Implications: Equipment Replacement Fund – $87,600.

Contact: Rene Cardinaux, Public Works, 981-6300

25.  Contract: Downtown Berkeley BART Plaza and Transit Area Planning and Design

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Community + Design Architecture, Inc. to lead a public planning and design process for the Downtown Berkeley Plaza and Transit Area in an amount not to exceed $90,000 for the period August 1, 2005 to October 31, 2006.

Financial Implications: Metropolitan Transportation Commission Fund – $75,000; Local Match – $15,000.

Contact: Peter Hillier, Transportation, 981-7010

26.  Grant: Transportation Demand Management Outreach and Marketing Program

From: City Manager

Recommendation:  Adopt a Resolution to authorize the City Manager to: 1) submit a grant application to the Bay Area Air Quality Management District’s Transportation Fund for Clean Air Regional Fund grant program for funds in the amount of $44,216 in FY 2006-2007 for the City’s Transportation Demand Management Outreach and Marketing Program; and 2) accept the grant, and execute any resultant agreements and amendments.

Financial Implications: Grant Revenue – $44,216.

Contact: Peter Hillier, Transportation, 981-7010

27.  Grant: West Berkeley Shuttle

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Bay Area Quality Management District’s Transportation Fund for Clean Air Regional Fund grant program for funds in the amount of $20,600 in FY 2006 for the West Berkeley Shuttle; and 2) accept the grant and execute any resultant agreements or amendments.

Financial Implications: Grant Revenue – $20,600.

Contact: Peter Hillier, Transportation, 981-7010

28.  Support Tobacco-Free Pharmacies (PDF, 325 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution: 1) commending all pharmacy retailers and drugstores in the City that do not sell tobacco products; 2) recommending that those which are tobacco vendors end their sales of tobacco products; 3) directing the City Clerk to send copies of the council item and resolution to all pharmacy retailers and drugstores in Berkeley; and 4) advocating for a statewide law that prohibits the sale of tobacco products in pharmacy retailers.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

29.  Right to Audit Clause in City Contracts (PDF, 329 KB)

From: City Auditor

Recommendation:  Adopt a Resolution: 1) expanding current Council directives regarding audit of contracts to include language in City contracts specifying the City Auditor’s right to audit; 2) instituting a requirement that the City Auditor be notified if a decision is made that any specific contracts or types of contracts should not include a right to audit clause; and
3) directing the City Manager to amend the City’s contract instructions, administrative regulations, purchasing manual and other guidelines to reflect this requirement.

Financial Implications: None.

Contact: Ann-Marie Hogan, Auditor, 981-6750

30.  Evaluate City’s Customer Service Levels (PDF, 38 KB)

From: Councilmember Moore

Recommendation:  Conduct a comprehensive assessment of customer service levels, response time and courtesy throughout City departments that would be presented in a report to Council on December 13, 2005.

Financial Implications: Staff time.

Contact: Darryl Moore, Councilmember District 2, 981-7120

31.  Sponsor Vista Community College Lecture Series on Global Peace and Social Justice (PDF, 129 KB)

From: Councilmember Moore

Recommendation:  Adopt a Resolution making the City an official sponsor of the Vista Community College “Difficult Dialogs” Lecture Series on Global Peace and Social Justice beginning in Fall 2006 or Spring 2007.

Financial Implications: None.

Contact: Darryl Moore, Councilmember District 2, 981-7120

32.  Expand City Manager Contract Authority (PDF, 53 KB)

From: Councilmembers Moore, Capitelli and Wozniak

Recommendation: Adopt first reading of an Ordinance: 1) amending Berkeley Municipal Code (BMC) Section 7.18.010B to increase the City Manager’s expenditure authority for capital improvements, including playground improvements and equipment, to $200,000; 2) amending Section 7.18.010 C to increase the City Manager’s general expenditure authority for materials, supplies, and equipment to $100,000; and 3) amending Berkeley Municipal Code (BMC) Section 7.18.020A to increase the City Manager’s emergency expenditure authority for materials, supplies and equipment to $100,000 and for public construction projects and playground improvements and equipment to $200,000.

Financial Implications: Reduced staff time.

Contact: Darryl Moore, Councilmember District 2, 981-7120; Laurie Capitelli, Councilmember District 5, 981-7150; Gordon Wozniak, Councilmember District 8, 981-7180

33.  Re-evaluate Visitor Permit Policy in the Residential Preferential Parking Program (PDF, 79 KB)

From: Councilmember Olds

Recommendation:  That the City Manager investigate the current policies regarding Residential Preferential Parking Visitor Permits with the goal of creating a more user-friendly systems.

Financial Implications: Unknown.

Contact: Betty Olds, Councilmember District 6, 981-7160

34.  Amend Moratorium on Removal of Coast Live Oaks (PDF, 301 KB)

From: Councilmembers Olds, Spring and Wozniak

Recommendation:  Amend the current Ordinance that prohibits removal of Coast Live Oak trees to include a clause that states that excessive pruning beyond what is included in the accepted standards for pruning a tree be subject to fines related to the value of the tree, to be determined by the city forester.

Financial Implications: Unknown.

Contact: Betty Olds, Councilmember District 6, 981-7160; Dona Spring, Councilmember District 4, 981-7140; Gordon Wozniak, Councilmember District 8, 981-7180

35.  Follow-up on Referral to December Mid-year Budget Process (PDF, 45 KB)

From: Councilmember Spring

Recommendation: Request the following recommended funding allocations be referred to the appropriate Commissions for overview pending the final decision on allocations at midyear in December 2005.

Financial Implications: None.

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

36.  Honoring Marla Bennett (PDF, 82 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution expressing sympathy to the family, friends and co-workers of Marla Bennett and adjourning the City Council meeting of July 19, 2005 in her honor.

Financial Implications: None.

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

37.  Support Equitable Class Pass Program (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Express concern over the proposed Class Pass referendum, support an equitable solution that addresses the needs of students and the University, and send a letter to the UC Berkeley Chancellor urging the administration to delay approval of final referendum language until the concerns of students are incorporated into the proposal.

Financial Implications: None.

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

38.  Support HR 1652 – Access to Legal Pharmaceuticals (PDF, 388 KB)

From: Councilmember Worthington

Recommendation:  Support the Access to Legal Pharmaceuticals Act (H.R. 1652) to ensure pharmacies fill all prescriptions.

Financial Implications: None.

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

39.  Support MoveOn PAC’S “Protect Our Rights” Campaign (PDF, 68 KB)

From: Councilmember Worthington

Recommendation:  Support MoveOn PAC’s “Protect Our Rights” campaign to demand a Supreme Court nominee who will protect the rights and freedoms of the American people, and that a letter be sent to Senators Feinstein and Boxer urging them to stand up to President Bush and demand a Supreme Court nominee who will protect the rights and freedoms of the American people.

Financial Implications: None.

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

40.  Support Prescription Drug Program Ballot Measure in the Special Election (PDF, 116 KB)

From: Councilmember Worthington

Recommendation:  Support a prescription drug ballot measure in special election limitations that proposes to establish a discount prescription drug program that increases accessibility and affordability to prescription drugs by low and moderate income California residents.

Financial Implications: None.

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

41.  Support U.N. International Day of Peace (PDF, 563 KB)

From: Councilmember Worthington

Recommendation: Support and urge the City to commemorate, in an appropriate manner, the United Nations’ International Day of Peace, including through education and public awareness.

Financial Implications: None.

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

42.  Waiver Pursuant to the Nuclear-Free Berkeley Act

a.      From: Peace and Justice Commission (PDF, 371 KB)

Recommendation:  Adopt a Resolution approving a waiver pursuant to Section 12.90.070 of the Nuclear-Free Berkeley Act for the purpose of executing a contract and any amendments with the University of California at Berkeley, University Health Services to complete work on a project to decrease the prevalence of tobacco use among Berkeley’s young adults.

Financial Implications: See report.

Contact: Manuel Hector Jr., Secretary, 981-5110

b.      From: City Manager

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

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

43.  Gift Donation: Community Peace Labyrinth at Marina

a.      From: Waterfront Commission (PDF, 2 MB)

Recommendation:  Adopt a Resolution accepting the gift of the East Bay Labyrinth Project and approving the installation of a Berkeley Community Peace Labyrinth at the East Lawn at the Berkeley Marina.

Financial Implications:

Contact: Cliff Marchetti, Secretary, 981-6737

b.      From: City Manager

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

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


Action Calendar – Appeals

44.  2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069

a.      From: City Manager

Recommendation: 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, 981-7400

b.      Appeal

1.      Matthew White

2.      Kimberly Kline and Stephen Branam

3.      Daphne and Georg Kalmar

4.      Arvalea Nelson

45.  1698 University Avenue – Appeal ZAB Decision Use Permit # 03-10000025

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve UP#03-10000025, a mixed-use project with 25 condominium units, with revised Findings and Conditions, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Robin Kibby

 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

46.  Establish FY 2006 Assessments for Street Lighting

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution confirming a diagram and assessments, and levying FY 2005-2006 assessments for the Berkeley Street Lighting Assessment District No. 1982-1.

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 – New Business

47.  Side Letter of Agreement with Public Employees Union Local 1

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Public Employees Union Local 1 to provide that the City will not be required to cash out accrued vacation leave in excess of 320 hours, that employees will be required to reduce their accrued vacation leave balances to no more than 320 hours by the last pay period in February in calendar years 2006, 207 and 2008 and that the City will not buy back up to four weeks of vacation in calendar years 2006, 2007 and 2008; authorize a one-year “Save Pay” practice whereby employees subject to demotion or flexibly placed in a lower-paid position due to employee layoffs and resultant bumping, will maintain their current salary for one-year and not have a loss of salary upon ratification of union side-letter agreements regarding cost savings measures. Public Employees Union Local 1 has ratified the Side Letters of Agreement.

Financial Implications: See report.

Contact: David Hodgkins, Human Resources, 981-6800

48.  David Brower Center/Oxford Plaza (2200 Oxford Street) – General Plan/Downtown Plan Amendment, Mitigated Negative Declaration and Clarification of Creeks Ordinance

From: City Manager

Recommendation: Adopt two Resolutions: 1) adopting the Mitigated Negative Declaration prepared to meet the requirements of the California Environmental Quality Act (CEQA) for the proposed General Plan/Downtown Plan Amendment and the proposed development project and amending the General Plan/Downtown Plan to create a new height/floor area bonus for the portion of the Oxford Edge sub-area occupied by the project site; and 2) confirming the staff’s current treatment of uncovered decks, porches, awnings, solar equipment and other similar features as not subject to the setback requirement under the Creeks Ordinance.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

Information Reports

49.  Oxford Parking Lot Update

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

50.  Implementation Status of Parking Enforcement Operations Audit Recommendations (CF 10-05)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900, and Peter Hillier, Transportation, 981-7010


Communications

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

David Brower Center/Oxford Plaza

1.      John L. Lineweaver

Gift Donation: Community Peace Labyrinth at Marina

2.      John Steere


Adjournment