Agenda Committee Item #6
Council Draft Agenda - January 24, 2006

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, january 24, 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.

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.   Amendments to Commission Enabling Legislation (First reading January 17, 2005)

From: City Manager

Recommendation: Adopt the second reading of thirteen ordinances to harmonize existing commission enabling legislation with Council’s adoption of a June 14, 2005 meeting reduction plan and to achieve consistency between related ordinances and resolutions with BMC Section 3.03.020.

Financial Implications: None

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

2.   Consolidation of Disaster Council and Fire Safety Commission (First reading January 17, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Chapter 2.88 of the 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

3.   Sidewalk Vending of Arts and Crafts, and Flowers (First reading January 17, 2005)

From: City Manager

Recommendation: Adopt second 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, on Sidewalks and Rights-of-Way, which defines specific flower vendor requirements, along with those for arts and crafts vendors, and establishes sidewalk vending fees by Council Resolution:

1.      Option 1, which 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 to adopt first reading of an ordinance repealing and reenacting Chapter 9.48 of the Berkeley Municipal Code regulating Sidewalk Vending of Arts and Crafts, and Flowers, on Sidewalks and Rights-of-Way.

Financial Implications: None

Contact: Fran David, Finance, 981-7300

4.   Standards for Care of Dogs Kept Outdoors (First reading as amended January 17, 2005)

From: Citizens Humane Commission

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

5.   Amending the Coast Live Oak Moratorium Ordinance (First reading as amended
January 17, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the Coast 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.

Financial Implications: None

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

6.   Formal Bid Solicitations and 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: General Fund - $42,000

Contact: Fran David, Finance, 981-7300

7.   Appointments to the Mental Health Commission

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Linda Smith and Pamela Wilson to the Mental Health Commission, Special Public Interest Category for three-year terms beginning January 25, 2006 and ending January 24, 2009.

Financial Implications: None

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

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.   Exclusive Negotiating Rights Agreement for the Development of the Oxford Lot

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an Exclusive Negotiating Rights Agreement with Resources for Community Development and Equity Community Builders for the development of the Oxford Lot for the period ending June 30, 2006.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

10. Contract: Legal Advisory Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by an additional $45,000 for a new total amount not to exceed $69,950.

Financial Implications: General Fund - $45,000

Contact: Stephen Barton, Housing, 981-5400

11. Contract: Low Income Energy Services

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $17,892 for the approximate period January 1, 2006 through December 31, 2006; 2) approving the program priority plans; and
3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: ECIP and LIHEAP Funds - $17,892 increased revenue

Contact: Stephen Barton, Housing, 981-5400

12. Contract: Lighting Efficiency at 1947 Center Street

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract for lighting efficiency improvements at 1947 Center Street with a vendor to be selected by staff based on a competitive solicitation in an amount not to exceed $47,000 for the period February 1, 2006 through April 30, 2006.

Financial Implications: General Fund - $47,000

Contact: Stephen Barton, Housing, 981-5400

13. Contract and Grant: 2006-2007 Community Services Block Grant (CSBG)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant Contract Number 06F-4701 for a total of $347,112 and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2006 to December 31, 2007.

Financial Implications: Community Action Program Fund - $347,112 Grant Revenue

Contact: Stephen Barton, Housing, 981-5400

14. Development Loan Agreement: 3404 King Street

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Development Loan Agreement between the City and Eunice Ann Finch Resource Center for 3404 King Street to expand the eligible age of the youth served by the project to ages 14 to 25.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

15. Changing Name of Solid Waste Management Commission to Zero Waste Commission

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 3.40, changing the name of the Solid Waste Management Commission to the Zero Waste Commission, and revising the description of its functions to reflect its current mandate.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

16. Contract: Landfill Post-closure Maintenance

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with SCS Field Services, authorizing a one-year extension in the amount of $100,000, for a total amount not to exceed $350,000 to provide engineering services for the landfill post-closure monitoring and maintenance project at Cesar Chavez Park and extending the contract to March 31, 2007.

Financial Implications: Refuse Fund - $100,000

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

17. Impact on Staff Resources for Additional Council Meetings (PDF, 41 KB)

From: Councilmember Spring

Recommendation: Request that the City Manager give a summary of the average number of staff hours and expenses it takes to produce a council meeting, detailing a number of staff people and hours spent on the agenda committee, printing agendas, meetings on agendas, preparing the council chambers, providing the food, staffing the council meetings, pre-and post Council meetings for city staff.

Financial Implications: None

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

18. Homeland Computers (PDF, 43 KB)

From: Councilmember Spring

Recommendation: Request the City Manager report back to the Council responding to questions regarding the City of Berkeley's Homeland security computers/other equipment, such as source of funding, requirements and uses for the Homeland security computers and/or other equipment.

Financial Implications: None

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

19. Child Care Mitigation Operating Subsidy Fund

a.      From: Commission on Early Childhood Education (PDF, 162 KB)

Recommendation: Adopt a Resolution allocating: 1) $30,573 of the $80,000 Child Care Mitigation Fee Fund balance to restore the FY 2005-06 cuts to seven City-funded child care community agencies; and 2) the remaining balance of $49,427 for mini grants to enhance or expand child care facilities; and authorizing the City Manager to execute the resulting amendments to current contracts.

Financial Implications: Child Care Mitigation Operating Subsidy Fund - $80,000

Contact: Angellique De Coud, Secretary, 981-5428

b.      From: City Manager

Recommendation: Still in review.

Contact: Stephen Barton, Housing, 981-5400

 

Action Calendar – Appeals

20. ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors)

a.      From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

3.      David Bryden

c.       Communications:

1.      None.

 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 – New Business

21. Community Disaster Education and Outreach Project

a.      From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to direct staff to design and launch a boosted community-wide disaster preparedness project in an amount not to exceed $61,400 for the period January 1 through June 30, 2006.

Financial Implications: FEMA (General Fund) - $61,400

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

b.      From: City Manager

Recommendation: Refer to the February 7, 2006 mid-year Budget.

Contact: Phil Kamlarz, City Manager, 981-7000

22. Contract: Community Choice Aggregation

a.      From: City Manager

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: Stephen Barton, Housing, 981-5400 and Fran David, Finance, 981- 7300

b.      From: Energy Commission (PDF, 176 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

Information Reports

23. Parcel Based Special Taxes, Fees, and Assessments Audit - Status Report (CF 11-05)

From: City Manager

Contact: Fran David, Finance, 981-7300

 

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