Agenda Committee Item #5
Council Draft Agenda - December 6, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 6, 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.

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

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.   Amendment to FY 2006 Annual Appropriations Ordinance (First Reading – November 29, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the FY 2006 Annual Appropriations Ordinance No. 6,862–N.S. for FY 2006 based upon recommended re-appropriation of committed FY 2005 funding and other adjustments authorized since July 1, 2005, in the amount of $47,798,568 (gross) and $45,204,917 (net).

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

2.   Administrative Fees - Inclusionary Housing Program (First Reading – November 29, 2005)

From: City Manager

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

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

3.   Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of November 15 (regular) and November 29, 2005 (special and regular).

Financial Implications: None.

Contact: Sara T. Cox, City Clerk, 981-6900

4.   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

5.   Initiating a Two-Year Civic Arts Grant Cycle

From: City Manager

Recommendation: Adopt a Resolution initiating a two-year Civic Arts Grant Cycle instead of the current one-year cycle.

Financial Implications: None

Contact: Thomas A Myers, Economic Development, 981-7530

6.   Emergency Standby Officers and Designated Line of Succession for Director of Emergency Services

From: City Manager

Recommendation: Adopt two Resolutions:  1) confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 62,317-N.S.; and 2) approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 62,318-N.S.

Financial Implications: None

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

7.   Lease: 1013 Pardee Street, No. 105

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing a new one-year lease for an existing warehouse at 1013 Pardee Street, No. 105 (alternate address of 2700 10th Street) that has been rented by the City on a month-to-month basis since the original multi-year lease expired with Asia Young Fountain Group Inc. for the storage of fire and police equipment, and emergency supplies and equipment.

Financial Implications: Bond Measure Q - $128,849

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

8.   Purchase Order: Self Contained Breathing Apparatus

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Scott Health and Safety to purchase Self Contained Breathing Apparatus equipment for the Berkeley Fire Department through a Federal Emergency Management Agency grant from August 18, 2005 through August 17, 2006 in an amount not to exceed $320,000.

Financial Implications: FEMA Grant - $214,884; General Fund - $105,116

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

9.   Contract: Services for Sustainable Berkeley

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) waive competitive solicitation requirements; and 2) execute a contract amendment with Natural Logic, Inc. to increase the amount by $12,000, for a new amount not to exceed $36,000 for consulting services to assist the City in leveraging resources to meet its stated sustainability goals from September 30, 2005 to December 31, 2006.

Financial Implications: General Fund - $12,000

Contact: Stephen Barton, Housing, 981-5400

10. Infrastructure Maintenance Manager Revised Salary Range

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,812-N.S., Classification and Salary Resolution for Unrepresented Employees, to increase the salary range of Infrastructure Maintenance Manager and repeal the salary recommendation portions of Resolution No. 63,006-N.S.

Financial Implications: Sanitary Sewer Operation Fund - $25,474

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

11. Side Letter of Agreement - Hazardous Materials Specialist  II

From: City Manager

Recommendation: Adopt a Resolution to authorize the City Manager to execute and implement a Side Letter of Agreement with SEIU Local 535 to modify existing terms and conditions  of employment and to provide  a two percent salary differential to employees in the classification of Hazardous Materials Specialist II who obtain and maintain an International Code Council (ICC) Underground Storage Tank Inspector certificate effective September 1, 2005.

Financial Implications: Certified Unified Program Agency Fund, $7,500 this fiscal year

Contact: David W. Hodgkins, 981-6805

12. Contract: Continuation of the EcoPass Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any related amendments with the Alameda-Contra Costa Transit District for the continuation of an annual transit pass (Eco Pass) program for City of Berkeley employees in an amount not to exceed $100,000 for the period beginning January 1, 2006 and ending December 31, 2006.

Financial Implications: Payroll Deduction Trust Fund - $100,000

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

13. Grant Extension: 9th Street Bicycle Boulevard Extension

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to sign a Cooperative Work Agreement with Caltrans,  extending the City's $500,000 Bicycle Transportation Account grant for construction  of the 9th Street Bicycle Boulevard Extension until 2011.

Financial Implications: None

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

14. Renaming Old City Hall (PDF, 156 KB)

From: Councilmember Anderson

Recommendation: Adopt a Resolution renaming Old City Hall in honor of Maudelle Shirek.

Financial Implications: None

Contact: Max Anderson, Councilmember District 3, 981-7130

15. Disaster Council Preparedness Proposals and Priorities for 2006 (PDF, 51 KB)

a. From: Disaster Council

Recommendation: That the current momentum be allowed to continue by retaining and supporting the work of City staff who are coordinating the work in each of the following program areas: 1) Office of Emergency Services Revitalization; 2) CERT and the Neighborhood Preparedness Program; 3) Sheltering; 4) Unreinforced Masonry Buildings; 5) Public Warning and Communication Systems; 6) Small Business Outreach; 7) Emergency Water Delivery System; and 8) Transfer Tax Funding for Seismic Retrofits.

Financial Implications: See report

Contact: Gil Dong, Commission Secretary, 981-5502

b. From: City Manager

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

Contact: Debra Pryor, Fire and Emergency Services, 981-5500

16. Fire Safety Commission Report and Priorities for 2006 (PDF, 35 KB)

a.   From: Fire Safety Commission

Recommendation: Direct the City Manager to: 1) expedite completion of Fire Station No. 7; 2) limit or prohibit on-street parking as necessary to maintain unimpeded access for emergency vehicles; 3) expand the neighborhood emergency cache program; 4) fund $100,000 for path improvements in the hills for emergency egress; 5) maintain and expand informational outreach on fire safety to homeowners in the critical fire area of the Berkeley Hills and mail fire safety information to each new resident in the Berkeley Hills as homes change hands; 6) maintain and promote the present green can and chipper programs; and
7) review and modify the Fire Department's list of fire-suppression gear that can be purchased through the City by homeowners, specifically considering the sale of 2-1/2" to 1" fire hose adapters to persons who have completed fire suppression training.

Financial Implications: See report

Contact: Gil Dong, Secretary, Fire Safety Commission, 981-5502

b. From: City Manager

Recommendation: Refer to the budget process.

Contact: Debra Pryor, Fire and Emergency Services, 981-5500

 

Action Calendar – Public Hearing

17. 1532 Martin Luther King, Jr. Way - Use Permit No. 04-10000079

a.   From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 04-10000079 to demolish an existing dwelling unit in order to construct three dwelling units, and dismissing the appeal.

Financial Implications: None

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

b.      Appeals

1.      Kiran and Laura Singh, Emma Davenport, Gabriel and Jennifer Griego, Kim Kruckel and Danny Baptista, Gus Baldauf and Ashley Hamlett

c. Communications

1.      Wallace Whittier

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

18. Fees: Camps Programs

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases for Tuolumne Family Camp for the October 1, 2006 through September 30, 2007 camping season, and Echo Lake Camp and Berkeley Day Camp for the two-year period March 1, 2006 to February 28, 2008,  and rescinding Resolution No. 62,489-N.S.

Financial Implications: Revenue - $81,895 FY 2006; $84,451 FY 2007

Contact: Marc Seleznow, Parks  Recreation & Waterfront, 981-6711

 

Action Calendar – Old Business

19. Survey to Identify Sources for Increasing Fees for Lead Abatement Services (Held over as amended from November 15, 2005)

From: Councilmember Olds

Recommendation: Discuss the request from the Alameda County Lead Abatement Program to contribute $10,000 to the cost of a survey to be conducted by Tramutola and Godbe research to identify voter sentiment on raising fees for lead abatement programs in Alameda County.

Financial Implications: $10,000

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

Action Calendar – New Business

20. Derby Street Athletic Field

a.   From: Parks and Recreation  Commission (PDF, 888 KB)

Recommendation: Adopt a Resolution endorsing the Berkeley Unified School District’s request to work together to close Derby Street between Martin Luther King Jr. Way and Milvia Street in order to create a multipurpose athletic field, including a regulation baseball diamond.

Financial Implications: None

Contact: Virginia Aiello, Secretary, 981-5158

b.   From: City Manager (PDF, 155 KB)

Recommendation: Adopt a Resolution: 1) supporting in concept playing fields on the East Campus site; 2) advising the Berkeley Unified School District that the City cannot take formal action on the closure of Derby  Street until the District has  completed its environmental review of the playing fields project; 3) encouraging the District to proceed with options for closing Derby Street and leaving it open; 4) informing the District of the City's street vacation process; 5) agreeing to work with the District and the  community to raise funds and  reduce the costs of the project; and 6) supporting a phased approach to playing field development.

Financial Implications: None

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

21. Nanotechnology Safety Procedures at Lawrence Berkeley Lab (PDF, 49 KB)

a.   From: Community Environmental Advisory Commission

Recommendation: Direct the City Manager to request that the Lawrence Berkeley National Laboratory (LBNL) provide updated information to the community regarding future nanotechnology activities that will take place at LBNL’s Molecular Foundry.

Financial Implications: None

Contact: Nabil Al-Hadithy, Secretary, 981-7461

b.      From: City Manager

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

Contact: Dan Marks, Planning, 981-7400

22. Phase-Out of Tritium Exit Signs for the City of Berkeley (PDF, 27 KB)

a.   From: Community Environmental Advisory Commission

Recommendation: Require the City Manager to institute the following policy: 1) no new tritium signs to be purchased or installed in new City-owned and leased buildings; 2) the City must provide an inventory of all tritium exit signs in City- owned and leased buildings within six months; and 3) the City should provide facilities maintenance staff and subcontractors the training to recognize and properly remove and legally dispose of such signs.

Financial Implications: Unknown

Contact: Nabil Al-Hadithy, Secretary, 981-7461

b.   From: City Manager

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

Contact: Dan Marks, Planning, 981-7400

23. Transportation Services Fee  (CF 69-01)

a.   From: Transportation Commission (PDF, 29 KB)

Recommendation: Approve the Transportation Services Fee Nexus Study Report (October 2005) and set a public hearing, with a goal of Council adoption of the fee in February 2006 and consider the following: 1) levy the Transportation Services Fee (TSF) on a per-trip basis based on average weekday PM peak hour motor vehicle trips; 2) approve the full TSF Expenditure Plan; 3) assess the fee per average weekday PM peak hour motor vehicle trip at $5,811; 4) exempt second housing units from paying the fee; 5) reduce the fee to $2,034 per trip for affordable housing and for childcare facilities; and 6) other land uses should pay the fee of at least $5,811.

Financial Implications: Increased revenue

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

b.   From: City Manager (PDF, 2 MB)

Recommendation: Adopt a Resolution declaring the City's intention to establish a requirement that applicants for  residential and commercial  development projects located  throughout the City mitigate a portion of the project's impacts on transportation facilities and services through  payment of a Transportation  Services Fee; and, set a public hearing date for adoption of the Transportation Services Fee for the Council meeting on February 21, 2006.

Financial Implications: Increased revenue

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

Information Reports

24. Unrepresented Temporary Employees

From: City Manager

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

25. 2005 Employee Transportation Survey Results

From: City Manager

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

26. 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.

 

None.

 

Adjournment