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 – 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
