Agenda Committee Item #6
Council Draft Agenda - January 17, 2006

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, January 17, 2006

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 – Recess Items

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.      Mills Act Contract with Owners of 1512 La Loma

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a Mills Act contract and any amendments with Mark and Freya Read for the restoration of historic property at 1512 La Loma in order to obtain property tax reduction for a period of ten years.

Financial Implications: See report

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

 

Consent Calendar

2.      Standards for Care of Dogs Kept Outdoors

a.  From: Citizens Humane Commission (First Reading December 13, 2005 – Unanimous)

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep their dogs outdoors. This includes shelter, water, feeding and confinement.

Financial Implications: None

Contact: Kate O’Conner, Secretary, 981-6601

b.     From Councilmember Spring (PDF, 44 KB) (January 17, 2006)

Recommendation: Rescind first reading as submitted on December 13, 2005 and adopt first reading of an amended ordinance adding to the Berkeley Municipal Code 10.04.140 specifying requirements for a minimum care for guardians/owners who keep their dogs outdoors.

Financial Implications: None

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

3.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of November 15, 2005 (regular), November 29, 2005 (special and regular), December 6, 2005 (special and regular,) and December 13, 2005 (special and regular).

Financial Implications: None

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

4.      Amendments to Commission Enabling Legislation

From: City Manager

Recommendation: Adopt amendments to thirteen ordinances and eight resolutions to harmonize existing commission enabling legislation with Council's adoption of a June 14, 2005 meeting reduction plan, achieve consistency between related ordinances and resolutions with BMC Section 3.03.020 and adopt a resolution adopting a commission meeting frequency schedule for 2006 and every year thereafter.

Financial Implications: No significant impacts.

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

5.      Contract: Hearings of Appeals to Police Review Commission Sustained Decisions

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the State of California, Office of Administrative Hearings, increasing the contract amount by $15,000 for a new total amount not to exceed $40,000 with a termination date of June 31, 2006 for the purpose of hearing appeals to Police Review Commission sustained findings.

Financial Implications: General Fund - $15,000

Contact: Phil Kamlarz, City Manager, 981-7000

6.      Formal Bid Solicitations and Requests for Proposals

From: City Manager

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

Financial Implications: Various Funds - $692,000

Contact: Fran David, Finance, 981-7300

7.      Consolidation of Disaster Council and Fire Safety Commission

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Chapter 2.88 of Berkeley Municipal Code to include the consolidation of the Disaster Council and Fire Safety Commission and adopt a Resolution rescinding Resolution No. 58,981-N.S. in its entirety.

Financial Implications: See report

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

8.      Application: HUD Section 108 Loan Guarantee for the Oxford Plaza and David Brower Center

From: City Manager

Recommendation: Adopt a Resolution: 1) approving participation in the U.S. Department of Housing and Urban Development’s (HUD) Section 108 Loan Guarantee Program and authorizing the submission of a HUD Section 108 Loan Guarantee Program application for the Oxford Plaza and David Brower Center development in the amount of $4,000,000; and, 2) authorizing the use of current and future Community Development Block Grant funds to secure a loan for the Oxford Plaza and David Brower Center up to the amount of $4,000,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

9.      Amendment: Unrepresented Employee Manual

From: City Manager

Recommendation: Adopt a policy to amend Resolution No. 60,777-N.S of the Unrepresented Employee Manual to provide a 5 percent differential to unrepresented temporary employees assigned to work in Mental Health Programs who are in direct contact with clinic patients.

Financial Implications: Mental Health Fund - $1,257

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

10.  Amendment: Retiree Health Premium Assistance Plan

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the Retiree Health Premium Assistance Plan to modify the definition of "Eligible Retiree" and "Years of Service" within the plan document to attract and retain regular at-will employees who have significant years of service in CalPERS in another public agency or in a 1937 County Retirement Act pension system, to be effective November 1, 2005.

Financial Implications: None

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

11.  Administrative Error Affecting Two Resolutions Concerning Health Plan Rate Increases

From: City Manager

Recommendation: Adopt two Resolutions correcting an administrative error and rescinding Resolution No. 62,751-N.S. and Resolution No. 62,752-N.S.

Financial Implications: None

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

12.  Classification: Emergency Medical Services Advisor

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,840-N.S., Classification and Salary Resolution for Public Employees Union Local One, to add the classification and salary range of Emergency Medical Services Advisor effective February 1, 2006.

Financial Implications: Paramedic Assessment Fund - $53,190

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

13.  Contract: Consultant Services for Work Management Needs Analysis

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Weston Solutions, Inc. for consulting services for a work management needs analysis, increasing the contract amount by $13,200 for a total not to exceed $53,200for a seven-month period to end on or before June 30, 2006.

Financial Implications: Sanitary Sewer Fund - $40,000; General Fund - $13,200

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

14.  Goals and Opportunities for 2006 (PDF, 109 KB)

From: Mayor Bates

Recommendation: Set aside 20 minutes for the Mayor to make comments on the challenges and opportunities facing the City at the Council Work Session on February 7, 2006.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

15.  Support Diversity on Boards and Commissions (PDF, 145 KB)

From: Councilmember Maio

Recommendation: Encourage diversity, reflective of Berkeley’s population, on its boards and commissions and assist in this effort by referring qualified candidates from under-represented categories to an applicant pool that Councilmembers can access; that Council review the categories commonly used in defining diversity and determine the appropriate diversity profile for Berkeley; and that the Clerk prepare a report on the diversity of our boards and commissions each year for Council information, enabling us to track the success of our efforts.

Financial Implications: None

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

16.  Support Inclusion of Students on Boards and Commissions (PDF, 132 KB)

From: Councilmember Maio

Recommendation: Go on record as supporting student representation on boards and commissions and request that Mayor Bates discuss with the administrations of appropriate academic institutions (U.C., Vista, and any others deemed pertinent) the strengthening of programs that encourage participation in local government, perhaps for class credit, via appointments to Berkeley’s +/- 40 Boards and Commissions, thereby creating a central repository of applicants that can be accessed by Councilmembers when a vacancy occurs.

Financial Implications: None

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

17.  Drayage Fines for Live/Work Space in West Berkeley (PDF, 77 KB)

From: Councilmember Moore

Recommendation: Request the City Manager to set aside, in an earmarked account, monies collected from fines for noncompliance with Notice and Order declaring the property at 651 Addison Street and 2020-2060 Third Street (the Drayage building) a Fire Hazard, Unsafe Building and Public Nuisance.  These earmarked funds would be used for a planning process for additional live/work space in West Berkeley.

Financial Implications: None

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

18.  Holocaust Remembrance (PDF, 230 KB)

From: Councilmember Worthington

Recommendation:  Adopt a proclamation in observance of the United Nations’ Holocaust Remembrance Day on January 27, 2006 for presentation at its January 24th regular meeting and denounce the remarks by Iranian President Mahmoud Ahmadinejad, denying the Holocaust.

Financial Implications: None

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

19.  Preservation of Glen Cove Sacred Grounds (PDF, 63 KB)

From: Councilmember Worthington

Recommendation:  Support the Vallejo Inter-Tribal Council in urging the City of Vallejo to protect and preserve the Glen Cove Sacred Grounds.

Financial Implications: None

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

20.  Proclamation in Celebration of East Bay Housing Organizations’ 10 Year Anniversary (PDF, 87 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation in Celebration of East Bay Housing Organizations’ (EBHO) 10 Year Anniversary.

Financial Implications: None

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

21.  Support H.R. 635, 636, 637: Censure and Investigation of the Bush Administration (PDF, 126 KB)

From: Councilmember Worthington

Recommendation: Support House Resolutions calling for the censure of President Bush and Vice President Cheney for withholding evidence from Congress (H.R. 636 and H.R. 637); and calling for the creation of a committee to investigate the Administration’s domestic wiretapping, encouraging and countenancing torture, intent to go to war, and retaliating against critics; and to make recommendations regarding grounds for possible impeachment (H.R. 635).

Financial Implications: None

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

Action Calendar – Appeals

22.  ZAB Appeal: 1617 Seventh Street - Administrative Use Permit #04-20000158

From: City Manager

Recommendation: Adopt a Resolution remanding Administrative Use Permit No. 04-20000158 to the Zoning Adjustments Board to consider the condition requiring preservation of a rear yard tree at 1617 Seventh Street and all issues agreed upon by the parties in mediation and rescinding Resolution No. 63,111-N.S., adopted by the City Council on November 15, 2005.

Financial Implications: None

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

 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

23.  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

24.  Support Commission Diversity (Held over as amended from November 29, 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

25.  Sidewalk Vending of Arts and Crafts, and Flowers (Held over as amended from December 13, 2005)

From: City Manager

Recommendation: Adopt first reading of one of two alternative versions of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48 regulating Sidewalk Vending of Arts and Crafts, and Flowers, which define specific flower vendor requirements, along with those for arts and crafts vendors, and establishes sidewalk vending fees by Council Resolution:

1.     Option 1 adds a restriction, in Section 9.48.070, that flower vendors shall not be permitted within 300 feet of any florist operating from a fixed location, and grandfathers existing sidewalk flower vendors; 

2.     Option 2, as originally recommended to Council on December 13, 2005;

and adopt a Resolution, concurrent with the effective date of the Ordinance, establishing permit and identification card fees for sidewalk vending at the current rates, which were set by Ordinance No. 6,112–N.S. on January 1, 1993.

Financial Implications: None

Contact: Fran David, Finance, 981-7300

26.  Support Berkeley Newspapers (Held over from December 13, 2005)

From: Councilmember Spring

Recommendation: Request the City Manager to implement a policy of advertising city events in locally produced newspapers as widely as possible.

Financial Implications: See report

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

Action Calendar – New Business

27.  Cell Phone Base Antennas

From: City Manager

Recommendation: Re-state that federal law preempts the Community Health Commission's recommendation, and defer any other action pending a report due May 2006 from the Health Officer to the City Council on radio frequency exposures.

Financial Implications: None

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

28.  Amending the Coast Live Oak Moratorium Ordinance

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Live Oak Moratorium Ordinance to add the following:  1) any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited; and 2) excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

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

29.  Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance (To be delivered)

From: City Manager

Recommendation: Adopt the revised Land Use Policy Planning Work Program for Jan 1, 2006 through June 30, 2006 as recommended by the Planning Commission.

Financial Implications: See report

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

30.  Contract: Community Choice Aggregation

a.   From: Energy Commission (PDF, 175 KB)

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Navigant Consulting Inc. for the development of a business plan and other tasks related to community choice aggregation in the amount of $67,992, for a total amount of $96,492 for the period December 3, 2003 to June 30, 2007.

Financial Implications: FY 2006 General Fund - $67,992

Contact: Neal De Snoo, Secretary, 981-5434

b.     From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400

Information Reports

31.  Condominium Conversion Workshop Rescheduled

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

32.  Quarterly Report on Employee Safety and Workers' Compensation (CF07-04)

From: City Manager

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

33.  Unrepresented Temporary Employees

From: City Manager

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

34.  Landmarks Preservation Commission Notice of Decision – Landmark Designation: 2701-21 Eighth Street and 934Carleton Street

From: City Manager

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

35.  Landmarks Preservation Commission Notice of Decision: 2105 Fifth Street - Approval of Structural Alt

From: City Manager

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

36.  Landmarks Preservation Commission NOD: 2201-05 Blake Street - Landmark Designation (12-05-05)

From: City Manager

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

37.  Request for Zoning Fee Waiver - 90 Bolivar Drive

From: City Manager

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

38.  Status of Proposed Roundabouts for Gilman Interchange (CF 141-00)

From: City Manager

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

39.  Update on Established Utility Underground Districts (Rule 20A)

From: City Manager

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

40.  Update on Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property

From: City Manager

Contact: Claudette R. Ford, Public Works, 981-6303

 

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