Agenda Committee Item #5
Council Draft Agenda - October 25, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 25, 2005

7:00 P.M.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.
 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

 

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Potentially Hazardous Soft, Weak, or Open Front Story Buildings (First Reading October 18, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the Berkeley Municipal Code (BMC) to add Chapter 19.39, establishing an Inventory of Potentially Hazardous Soft, Weak, or Open Front Story Buildings and adopting Chapter A4 of the 2003 International Existing Building Code and Amendments.

Financial Implications: See report

Contact: Dan Marks, Planning and Development 981-7400

2.      Sale of Real Property: 2334 Sixth Street (First Reading October 18, 2005)

From: City Manager

Recommendation: Adopt the second reading of an Ordinance authorizing the City Manager to execute all necessary documents required to sell the real property located at 2344 Sixth Street to LifeLong Medical Care, Inc., for a sale price of $2.2 million.

Financial Implications: See report

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

3.      Gilman Street Playing Fields (First Reading October 18, 2005)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending the Zoning Ordinance, Berkeley Municipal Code (BMC) Section 23E.88.030, to clarify that where the Specific Plan exempts a permitted use from the requirements of a Master Development Plan and Use Permit, the use is subject to Zoning Conformance procedures as set forth in BMC Chapter 23B.20.

Financial Implications:

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

4.      Amendment to the Condominium Conversion Ordinance (First Reading October 18, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 21.28, Condominiums, Community Apartments, Stock Cooperatives and Tenancy in Common Projects.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

5.      Moratorium on Issuance of Massage Parlor Permits

From: City Manager

Recommendation: Adopt a Resolution directing the City Manager to impose a moratorium on issuing new massage parlor permits for a one-year period effective immediately and ending October 25, 2006.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

6.      Borrowing of Funds and the Sale and Issuance of FY 2006 Tax and Revenue Anticipation Notes

From: City Manager

Recommendation: Adopt a Resolution providing for the borrowing of $25,000,000 and the sale and issuance of FY 2006 Tax and Revenue Anticipation Notes.

Financial Implications: General Fund - $25,000,000

Contact: Fran David, Finance, 981-7300

7.      Formal Bid Solicitations & Request for Proposals

From: City Manager

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

Financial Implications: Measure Q Funds - $500,000

Contact: Fran David, Finance, 981-7300

8.      Contract: Shelter Plus Care Grant for the Homeless

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue contract and any subsequent amendments as necessary with the Alameda County Housing and Community Development Department for the purposes of receiving Federal Department of Housing and Urban Development funds to implement a new Shelter Plus Care grant for chronically homeless individuals in Berkeley in an amount not to exceed $747,120 for a five-year period beginning with the date of execution of a contract with Alameda County Housing and Community Development Department.

Financial Implications: Grant Revenue - $747,120; General Fund - $59,770 matching funds

Contact: Stephen Barton, Housing, 981-5400

9.      Winter Homeless Shelter Programs

From: City Manager

Recommendation: Adopt a Resolution authorizing: 1) the City Manager to enter into a Memorandum of Understanding with the City of Oakland Department of Human Services and execute subsequent amendments as necessary for the Winter Shelter Program at the Oakland Army Base; 2) payment not to exceed $42,000 for transportation for residents to and from the Winter Shelter; and, 3) payment of up to $14,642 to provide vouchers to homeless households for emergency housing at local motels and the Berkeley YMCA.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

10. Fee Assessment: State of California Self-Insurance Fund

From: City Manager

Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for FY 2006 fees assessed for administering the Workers' Compensation Program, in an amount not to exceed $120,000.

Financial Implications: Workers' Compensation Self-insurance Fund - $120,000

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

11. License: Use of Building at 91 Bolivar Drive, Aquatic Park, by Fix Our Ferals

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license with Fix Our Ferals for short-term use of the Rod and Gun Club, a vacant Aquatic Park building at 91 Bolivar Drive, as a pre and post sterilization recovery room for free-roaming cats for the period November 1, 2005 to March 31, 2006.

Financial Implications: Minimal

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

12. Purchase of Property for the Codornices Creek Project

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing purchase from Alameda County of tax-defaulted real property, Assessor's Parcel Number 060-2385-10, required for the Lower Codornices Creek Restoration and Site Improvement Project in an amount not to exceed $2,200.

Financial Implications: Parks Tax Fund - $2,200

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

13. Contract: Real-time Closed Captioning Stenography Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a personal services contract and any amendments with Theresa Darrenougue for real-time closed captioning stenography services at all televised regular and special meetings of the Zoning Adjustments Board for the period October 24, 2005 to October 23, 2006, in an amount not to exceed $20,000.

Financial Implications: Permit Service Center Funds - $20,000

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

14. Grant: Hazardous Materials Emergency Planning

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) accept grant funds in the amount of $42,000 from the Governor's Office of Emergency Services for a "Comprehensive Emergency Planning Project"; 2) execute any resultant revenue agreements and amendments; and 3) authorize the implementation of projects and appropriation of funding for grant related expenses.

Financial Implications: Grant Revenue - $42,000; $8,400 matching funds (staff time)

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

15. Contract: On-Call Traffic Engineering Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Korve Engineering for on-call traffic engineering services in an amount not to exceed $40,000 for the period November 1, 2005 to October 31, 2007.

Financial Implications: Capital Improvement Fund - $40,000

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

16. Contract Amendment and Purchase/Operations Agreement: Phase 2 of the Parking Pay Station Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the agreement with Cale Parking Systems USA, Inc., for Phase 2 implementation of Parking Pay Stations, in an amount not to exceed $292,172 to install pay-and-display stations in the North Shattuck and Southside areas and cover associated costs.  Overall project is expected to increase parking fund revenues to cover the cost of the purchase.

Financial Implications: Parking Meter Fund - $292,172

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

17. Purchase Order: Vehicle Replacement

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with San Francisco Toyota in an amount not to exceed $137,852.58 to purchase six Toyota Prius Hybrid vehicles for the City of Berkeley fleet.

Financial Implications: Equipment Replacement Fund - $22,975

Contact: Claudette Ford, Public Works, 981-6300

18. Transportation Commission: Comments on the Gilman at Curtis Intersection (CF 14-05)

From: City Manager

Recommendation: Concur with Transportation Commission recommendation supporting improvements made by staff in 2005 to enhance pedestrian and bicycle safety by highlighting the crosswalks at the Gilman Street and Curtis Street intersection.

Financial Implications: None

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

19. Proposed Amendment No. 1 to Alameda County Measure B Expenditure Plan

From: City Manager

Recommendation: Adopt a Resolution endorsing the Alameda County Transportation Authority’s proposed Amendment No. 1 to the 1986 Alameda County Measure B Transportation Expenditure Plan, as required by law to be approved by all 14 ACTA member cities.

Financial Implications: None

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

20. Improve Healthy Food and Physical Activity Options (PDF, 238 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution endorsing the Strategic Alliance "Taking Action for a Healthier California: Recommendations to Improve Healthy Food and Activity Options" and beginning implementation of the following two recommendations: 1) ensure that a significant percentage of prepared and vending machine foods sold at worksites are healthy and affordable; and 2) encourage physical activity through such practices as encouraging stairway use, providing bike racks, providing lockers and showers, and offering flextime or breaks for physical activity.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

21. Tobacco Prevention Policies (PDF, 41 KB)

From: Mayor Bates

Recommendation: Refer the following three issues to the Community Health Commission for further investigation, with a request to return to Council by June 2006 with specific policy recommendations that would reduce the life threatening impacts of smoking and second-hand smoke and tobacco industry promotions to young adults: 1) eliminate tobacco industry bar nights in Berkeley; 2) include second-hand smoke in Berkeley’s General Nuisance ordinance; and 3) require new, publicly funded, multi-unit housing developments to be smoke-free, and request that the City Attorney research and inform the Council on whether it has the legal authority to prohibit smoking in cars that are  transporting children in the city limits.

Financial Implications: Staff time

Contact: Tom Bates, Mayor, 981-7100

22. Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance (PDF, 10 KB)

From: Councilmembers Olds and Wozniak

Recommendation: Refer to the Planning Commission the following issue for discussion and return to the City Council within 120 days with recommendations for proposed modifications to the language of the Zoning Ordinance: 1) an addition of up to 700 sq. ft within the required setbacks be permitted on the first floor of a residence, by right with a zoning certificate; 2) an addition of up to 500 sq ft. to a second story and higher stories require an Administrative Use Permit; 3) clarify the language in the Zoning Ordinance on how many feet constitute a story in residential construction.

Financial Implications: None.

Contact: Betty Olds, Councilmember District 6, 981-7160 and Gordon Wozniak, Councilmember District 8, 981-7180

23. Bevatron Preservation

a.      From: Peace and Justice Commission (PDF, 29 KB)

Recommendation: Adopt a Resolution recommending that the City Council request: 1) the Department of Energy, the Lawrence Berkeley National Laboratory and their managing agency, the University of California, to continue with their original plan to preserve the Bevatron Facility as a place of merit on the National Register of Historic Places for the benefit of future interested individuals and students of science, history and architecture; and 2) that the $85 million budgeted for the demolition of the Bevatron be primarily redirected to the decontamination of toxic underground plumes at Lawrence Berkeley National Laboratory as promised with enough spared to complete the conversion of the accelerator facility for safe public access.

Financial Implications: None

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

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

Action Calendar – Appeals

24. 1732-34 La Vereda Road - Appeal ZAB Decision Use Permit # 03-20000117

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit #03-20000117 to construct a single-story 977 square foot accessory structure (3 car garage with two spaces in tandem to serve 1732 La Vereda Road) on a vacant lot at 1734 La Vereda Road and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7411

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.

 

Information Reports

25. Customer Service Cash Receipts/Cash Handling Audit - Status Report (CF63-04)

From: City Manager

Contact: Fran David, Finance, 981-7399

26. Transfer Station Cash Receipts/Cash Handling Audit Status Report

From: City Manager

Contact: Fran David, Finance, 981-7300

27. Landmarks Preservation Commission Notice of Decision: 91 Shattuck Square - Approval of Structural Alteration Permit

From: City Manager

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

28. 2113 - 2119 Delaware Street, Certification of Tentative Tract Map 7575

From: City Manager

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

29. 1728 - 1730 Hearst Avenue, Certification of Tentative Tract Map 7587

From: City Manager

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

 

Communications

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.

None.

 

Adjournment