Agenda Committee Item #6
Council Draft Agenda - November 29, 2005

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 29, 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.   Purchase of Property for the Codornices Creek Project (First Reading November 15, 2005 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing purchase from Alameda County of tax-defaulted real property, Assessor’s Parcel Number (APN) 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

2.   Ellis Bill Relocation Fees (First Reading November 15, 2005. Noes - Olds; Abstain - Wozniak)

From: Rent Stabilization Board

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.77.055 to require relocation allowance payments to all tenants evicted pursuant to California’s Ellis Act.

Financial Implications: None

Contact: Jay Kelekian, Rent Stabilization Board, 644-6128

3.   Instant Runoff Voting

From:  City Manager

Recommendation:  Urge the Alameda County Board of Supervisors and Alameda County Registrar of Voters to select a new election voting system that supports instant runoff voting and require in contract negotiations that the instant runoff voting component be certified by the Secretary of State and available for use by cities that desire it in time for the November 2006 elections.

Financial Implications: Unknown at this time.

Contact:  Sherry M. Kelly, City Manager, 981-7000

4.   Hurricane Katrina Disaster Fund and Future Disaster Fund

From: City Manager

Recommendation: Adopt a Resolution establishing a new  fund (Fund 693) for the purpose of accounting for expenditures associated with the Hurricane Katrina disaster, and establishing another fund (Fund 694) to account for expenditures of the next future disaster for which the City will receive reimbursements from Federal or State agencies.

Financial Implications: See  report

Contact: Fran David, Finance, 981-7300

5.   Formal Bid Soliciations and  Request for Proposals

From: City Manager

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

Financial Implications: Various Funds - $2,908,000

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

6.   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 fiscal year 2006 fees assessed for administering the Workers' Compensation Program, in an amount not to exceed $130,000.

Financial Implications:  Workers' Compensation Self-Insurance Fund - $130,000

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

7.   Budget Referral: Facility Rental Funding for BORP (PDF, 133 KB)

From: Mayor Bates

Recommendation: Refer to the  mid-year budget process this request to authorize $3,424 this fiscal year and $3,673 next fiscal year to cover a portion of the increased facility rental costs associated with Bay Area Outreach and Recreation Program's disabled recreation programs at James Kenney Park.

Financial Implications: $7,097 in one-time funds over two fiscal years

Contact: Tom Bates, Mayor, 981-7100

8.   Retention Plan for Clif Bar in West Berkeley (PDF, 45 KB)

From: Councilmember Maio

Recommendation: Request that the City Manager work actively with staff to develop a strategy to retain Clif Bar, a homegrown and green business in Berkeley.

Financial Implications: See  report

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

9.   Rosa Parks Commemoration Day (PDF, 42 KB)

From: Councilmember Moore

Recommendation: Adopt a Resolution designating December 1st as “Rosa Parks Commemoration Day.”

Financial Implications: None.

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

10. Oppose the execution of Stan "Tookie" Williams (PDF, 49 KB)

From: Councilmember Worthington

Recommendation: Oppose the execution of Stan "Tookie" Williams on December 13, 2005, and urge Governor Schwarzenegger to grant executive clemency to Mr. Williams.

Financial Implications: None

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

11. Affordable Housing Loophole (PDF, 29 KB)

From: Councilmember Worthington

Recommendation: Refer to the Planning Commission to consider whatever policy or policies are needed for closing the "4 +  4 = 4" loophole which is being  used to avoid building affordable housing by defining up to four units as live work and up to four units as rental, thereby circumventing the important public priority of the inclusionary requirement that if you build five or more units, twenty percent should be affordable.

Financial Implications: Staff time

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

12. Support the National Day of Counter-Recruitment (PDF, 30 KB)

From: Councilmember Worthington

Recommendation: Endorse the National Day of Counter-Recruitment on December 6, 2005, organized by the Campus Anti-War Network.

Financial Implications: None

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

 

Action Calendar - Presentation

13. Landmarks Preservation Ordinance

From: Mayor Bates

Contact: Tom Bates, Mayor, 981-7100

 

Action Calendar – Public Hearing

14. Administrative Fees - Inclusionary Housing Program

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 which authorizes the City Council to set fees by Council Resolution and adopt a Resolution, to be effective upon the effective date of the Ordinance, approving the Inclusionary Housing Program administrative fees specified in the Resolution.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

15. Grant: Citizen's Option For Public Safety

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to appropriate $150,830 in California Citizen’s Option For Public Safety grant funding for Fiscal Year 2006 to be used for a youth services counselor, volunteer coordinator, police aides, crime analysis, DNA testing, County of Alameda information systems data sharing costs, and other equipment needs; and to appropriate the remaining year-end fund balance from prior years of $92,601 to be used to pay overtime for department-wide basic Community Involved Policing training, professional instructors, ongoing CIP update training and activities, property crimes mitigation, and other equipmentneeds,andmake any amendments thereto.

Financial Implications: Grant Funds - $243,431

Contact: Douglas N. Hambleton, Police, 981-5700

 

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

16. Disappearing Newsracks and the Constitutionality and Practicality of the Interpretation and Implementation of Newsrack Regulations (Held over from October 18, 2005)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager to review city ordinances, interpretations, and operations in regards to Newsrack regulation. As one part of this review, to invite persons responsible for distribution of newspapers to identify problem areas, including but not limited to the disappearance of newsracks without notification to the newspapers, possibly eliminating the part of the City ordinance that allows City removal of newsracks with zero notice, and making sure that the City is not creating impediments to fair placement for all publications.

Financial Implications: Staff time

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

17. Support Sutter Health Employees (Held over from October 18, 2005)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution in support of Sutter Health employees at the California Pacific Medical Center and the Federal Mediator’s proposed Settlement Agreement.

Financial Implications: None

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

18. Support Commission Diversity (Held over as amended from November 15, 2005)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution to: 1) encourage City Councilmembers to actively seek to fill vacant positions with consideration of the needs and benefits of a more representative and diverse commission roster; and 2) implement semi-annual reviews of its progress to determine if additional steps should be taken to ensure that these goals are met.

Financial Implications: None

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

19. Wireless Internet (Held over as amended from November 15, 2005)

From: Councilmembers Capitelli, Maio, Moore and Anderson

Recommendation: Request the City Manger have staff research the possibilities and requirements for a Berkeley citywide wireless internet system, prepare a report and present it to the City Council by March 2006.

Financial Implications: See report

Contact: Laurie Capitelli, District 5, 981-7150; Linda Maio, Councilmember District 1, 981-7110; Darryl Moore, District 2, 981-7130; Max Anderson, District 3, 981-7130

Action Calendar – New Business

20. 2901 Otis Street - Landmarks Preservation Commission Designation as Structure of Merit

a.      From: City Manager (November 29, 2005)

Recommendation:  Adopt a Resolution overturning the Landmarks Preservation Commission’s Structure of Merit designation.

Financial Implications: None

Contact: Dan Marks, Planning, 981-7400

b.      From: City Manager (October 18, 2005)

Recommendation: Review the appeal of Landmarks Preservation Commission decision to designate the building at 2901 Otis Street as a Structure of Merit, and set the matter for public hearing on November 15, 2005.

Financial Implications: None

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

2901 Otis Street - Landmarks Preservation Commission Designation as Structure of Merit

c.       Appeal

1.      Eric Geleynse, Xin Jin and Danny Tran

d.      Communications (November 15, 2005)

1.      D. Mayeron

2.      David Ramin, Shari Ser, D. Mayeron

21. 2901 Otis Street

a.      From: City Manager (November 29, 2005)

Recommendation: Adopt a Resolution approving Use Permits to demolish a single-family home and constructing a three-story tri-plex.

Financial Implications:

Contact: Dan Marks, Planning, 981-7400

b.      From: City Manager (October 18, 2005)

Recommendation: Review the appeal of the Zoning Adjustments Board decision regarding 2901 Otis Street, to approve: 1) a permit to remove roof and more than 50 percent of exterior walls of existing dwelling; 2) a permit to construct two additional dwelling units; and 3) an Administrative Use Permit to locate two parking spaces within 10 feet of rear windows of proposed building, and set for a public hearing.

Financial Implications: None

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

c.       Appeal

1.      David Ramin, Shari Ser and D. Mayeron

d.      Communications (November 15, 2005)

1.      D. Mayeron

2.      David Ramin, Shari Ser, D. Mayeron

e.      Communications (October 18, 2005)

1.      David Ramin, Shari Ser, D. Mayeron and Ross Blum

f.        Supplemental Reports and Communications #1  (October 18, 2005 - Numbering follows original sequence)

28.      Robert Lauriston

22. Amendment to FY 2006 Annual Appropriations Ordinance

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2006 Annual Appropriations Ordinance No. 6862 based upon recommended re-appropriation of committed FY 2005 funding and other adjustments authorized since July 1, 2005, in the amount of $48,323,485 (gross) and $46,272,006 (net).

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

23. Bevatron at Lawrence Berkeley National Laboratory

From: City Manager

Recommendation: Discuss and provide direction for comments on the Draft Environmental Impact Report (DEIR), which are due December 7, 2006.

Financial Implications: See report

Contact: Dan Marks, Planning, 981-7400

24. Near-Relative Policy for Community Agencies

From: City Manager

Recommendation: Adopt a Resolution approving a near-relative policy applicable to community agencies and authorizing the City Manager to implement the policy through immediate voluntary compliance of community agencies; and authorizing the City Manager to include this policy in Community Agency Contract provisions.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

Information Reports

25. Purchase Order Audit: Select Public Works Divisions at the Corporation Yard

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

 

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.

 

Adjournment