Agenda Committee Item #6
Council Draft Agenda - April 18, 2006

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draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 18, 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.

 

Recess Calendar

1.   Contract: Design Consulting Services

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess awarding a sole source contract and any necessary amendments thereto to International Parking Design, Inc. for design consulting services for the Center Street Parking Structure Analysis in an amount not to exceed $150,000 for the period April 1, 2006 through March 31, 2008.

Financial Implications: Off-Street Parking Fund - $3,000

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

 

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.

2.   Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of March 6, 2006 (closed), March 7,2006 (special and regular) and March 21, 2006 (regular).

Financial Implications: None

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

3.   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. 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 $8,050,918 (gross) and $7,393,620 (net).

Financial Implications: See Report

Contact: Phil Kamlarz, City Manager, 981-7000

4.   Marie Williams v. City of Berkeley Settlement

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 05 211813 entitled Marie Williams v. City of Berkeley in the amount of $22,500.

Financial Implications: Public Liability Fund - $22,500

Contact: Manuela Albuquerque, City Attorney, 981-6950

5.   Formal Bid Solicitations and Request for Proposals

From: City Manager

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

Financial Implications: Various funds - $5,429,000

Contact: Fran David, Finance Department, 981-7300

6.   Targeted Case Management Services - Sliding Scale Payment Schedules

From: City Manager

Recommendation: Adopt a Resolution establishing sliding scale payment rate schedules for targeted case management services provided in Seniors Programs.

Financial Implications: See report

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

7.   Classification: Aquatics Facilities Supervisor

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,807-N.S., Classification/Salary for Service Employees International Union (SEIU) Local 790 employees to add the classification and salary range of Aquatics Facilities Supervisor effective May 1, 2006.

Financial Implications: General Fund - $13,000 (FY 2006); $142,400 (FY 2007)

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

8.   Disbursements of Longevity Awards to Berkeley Public Library Employees

From: City Manager

Recommendation: Adopt a Resolution approving the disbursements of longevity awards to Berkeley Public Library employees from the Friends of the Berkeley Public Library, a non-profit organization.

Financial Implications: None

Contact: Jackie Y. Griffin, Library Services, 981-6100

9.   Purchase Order: Uniform Rental and Laundry Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the amount of purchase order number 057347 with Aramark Uniform Services by $15,000 to an amount not to exceed $39,000 to provide monthly uniform rental and laundry services through FY 2006.

Financial Implications: Parks Tax Fund - $15,000

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

10. Application: Summer Food Service and After School Snack Programs

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education for the Summer Food Service and After School Snack Programs, and to execute any resultant agreement and amendments, for the period June 1, 2006 to May 31, 2007.

Financial Implications: Youth Lunch Fund-$98,000 Revenue

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

11. Grant: Land and Water Conservation Fund

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Land and Water Conservation Fund in an amount not to exceed $480,000; to accept the grant; to execute resultant revenue agreements and amendments; and authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report

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

12. Donation to Replace Bollards at The Circle

From: City Manager

Recommendation: Adopt a Resolution accepting the donation of funds from the Friends of the Fountain and Walk to replace bollards at The Circle in the amount of $1,685.

Financial Implications: Parks Tax Fund - $1,685 Revenue

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

13. Amendment to Inclusionary Housing Ordinance

From: City Manager

Recommendation: Adopt the first reading on an Ordinance amending Berkeley Municipal Code Chapter 23C.12, Berkeley Inclusionary Housing Ordinance reinstating specified 2004 amendments to BMC Section 23C.12.070 and 23C.12.090 which expired on February 19, 2006.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400 and Stephen Barton, Housing, 981-5400

14. Waiving Reimbursement for Police Testimony in Civil Action

From: City Manager

Recommendation: Rescind Resolution No. 57,530-N.S. and authorize the City Attorney, upon a showing of good cause to execute stipulations waiving the City's entitlement to salary reimbursement under Government Code Section 68097.2 for the appearance and testimony of Berkeley Police Officers in civil actions regarding the elimination of public nuisance or illegal drug activity which impacts a neighborhood in the City of Berkeley.

Financial Implications: See report

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

15. Fee Waiver: Shotgun Players 10th Annual Theater in the Park (PDF, 180 KB)

From: Mayor Bates

Recommendation: Adopt a resolution waiving the permit fees for the use of John Hinkel Park for 17 dates this summer beginning on July 22 through September 10 for the Shotgun Players 10th Annual Free Theater in the Park series.

Financial Implications: $1275

Contact: Mayor Tom Bates, 981-7100

16. Support for a Sweatfree Ordinance (PDF, 112 KB)

From: Mayor Bates

Recommendation: Refer to the Commission on Labor, as well as to the Peace and Justice Commission and the Public Works Commission for feedback, the development of a Sweatfree Berkeley Ordinance.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100; Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember, District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120

17. Solano Chocolate and Chalk Art Festival (PDF, 203 KB)

From: Councilmember Capitelli

Recommendation: Adopt a Resolution, in collaboration with the Solano Avenue Association, to cosponsor the Chocolate and Chalk Arts Festival to be held on Solano Avenue during Memorial Day weekend, Saturday, May 27, 2006, from 10:00 a.m. to 5:00 p.m.; and that the City of Berkeley allow the use of Peralta Park during that day.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

18. Budget Referral: Solano Bulb Out (PDF, 1 MB)

From: Councilmember Capitelli

Recommendation: Refer to the 2006/2007 budget process $25,000 for a bulb out project on Solano Avenue at Colusa.

Financial Implications: $25,000

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

19. Salary Equity Study (PDF, 76 KB)

From: Councilmember Moore

Recommendation: Direct the City Manager to conduct a salary equity study for the City Council Legislative Assistants and report back to the City Council with a report of findings.

Financial Implications: Unknown

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

20. Barn Owl as the Official City Bird

From: Councilmember Olds

Recommendation: Approve a proclamation adopting the Barn Owl as the official bird of Berkeley.

Financial Implications: None

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

21. Gaia Arts Center Use Permit

From: Councilmember Olds

Recommendation: Request the City Council set a public hearing for consideration of the Action of the Planning Department with respect to the Gaia Arts Center and its compliance with Use Permit Conditions.

Financial Implications: None

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

22. Budget Referral: Housing Trust Fund Allocation of $1,000,000 (PDF, 78 KB)

From: Councilmember Worthington, Moore and Anderson

Recommendation: Refer one million dollars to the Budget process to be considered for allocation for the Housing Trust Fund to provide matching funds for affordable housing in Berkeley.

Financial Implications: $1,000,000

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130

23. Budget Referral: Warm Water Pool (PDF, 63 KB)

From: Councilmember Worthington

Recommendation: Refer to the budget process the allocation of $500,000 for the Warm Water Pool.

Financial Implications: $500,000

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

24. Extension for Draft Environmental Assessment of Bevatron Demolition (PDF, 63 KB)

From: Councilmember Worthington

Recommendation: Ask the City Manager to request on its behalf the extension of the current 30-day comment period to May 26, 2006 on the draft environmental assessment for the demolition of the Bevatron and Building 51 at Lawrence Berkeley National Laboratory.

Financial Implications: None

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

25. Adopt a Holocaust Remembrance Day Proclamation (PDF, 64 KB)

From: Councilmember Worthington

Recommendation: Adopt a Holocaust Remembrance Day proclamation.

Financial Implications: None

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

26. Adopt a Proclamation in Honor of Maggie Mayer (PDF, 62 KB)

From: Councilmember Worthington

Recommendation: Adopt a proclamation honoring Maggi H. Meyer to be presented at the 6th Annual Berkeley Poetry Festival on April 29, 2006.

Financial Implications: None

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

27. Adopt a Proclamation in Honor of Stem Cell Day (PDF, 61 KB)

From: Councilmember Worthington

Recommendation: Adopt a proclamation to honor April 23, 2006, as Stem Cell Day

Financial Implications: None

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

28. Budget Referral: Auto Theft Reduction Plan (PDF, 554 KB)

From: Councilmember Wozniak

Recommendation: Refer to the City Manager and the budget process a five part plan to reduce auto theft that is detailed in the attached proposal by Vincent Casalaina. The adoption and funding of this plan will be considered as part of the FY07 budget process. The target date for implementation is July 1, 2006.

Financial Implications: See Report

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

29. Council Presentation on Early Childhood Education Highlights and Accomplishments

a.      From: Commission on Early Childhood Education (PDF, 142 KB)

Recommendation: Schedule a 15-minute presentation by the Commission on Early Childhood Education at the April 25, 2006 City Council meeting to provide the highlights and accomplishments of the Commission.

Financial Implications: None

Contact: Angellique De Coud, Secretary, 981-5428

b.      From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400

 

Action Calendar - Presentation

30. Presentation: Vista Community College (PDF, 46 KB)

From: Mayor Bates

Recommendation: Vista Community College will report on their upcoming name change and an update on their new campus.

Contact: Tom Bates, Mayor, 981-7100

Action Calendar – Public Hearing

31. Community Development Block Grant (CDBG)

From: City Manager

Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution approving the City Manager’s recommendations to: 1) approve $3,824,620 for funding proposals under the FY 2007 CDBG and ESG, programs; 2) switch up to $1,000,000 in previous year’s CDBG funds allocated to the Oxford Plaza Project with General Funds (GF) and allocate up to $1,000,000 of the recaptured CDBG funds to capital improvement projects proposed to be undertaken with General Funds by the Public Works Department; 3) approve $87,570 in General Funds for public services activities to be undertaken by Bonita House, the East Bay Community Law Center, and Eden Council for Hope and Opportunity; 4) allocate $1,180,324 of the FY 2007 HOME funds to the Housing Trust Fund and $138,744 for HOME program administration and $68,374 for HOME CHDO operating expenses; 5) authorize the execution of resultant agreements, contract extensions and/or amendments for the FY 2007 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense funds with community agencies; and  6) authorize the City Manager (CM) to submit the Second Year Annual Action Plan of the 2005-2010 Five-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME funding and execute all resulting agreements with HUD.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

32. Extend Residential Permit Parking Program

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25M and 25N of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking.

Financial Implications: Capital Improvement Fund - $3,000

Contact: Claudette Ford, Public Works, 981-6300

33. Fee: Sanitary Sewer Lateral Certificate (Held over from March 7, 2006)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a sewer lateral certificate fee pursuant to Berkeley Municipal Code Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property, effective July 1, 2006.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

 

Action Calendar – Old Business

34. June Ballot Measure: Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV Election in Berkeley in November 2006 (Held over from March 7, 2006)

a.      From: City Manager

Recommendation: Oral update from staff.

Contact: Manuela Albuquerque, City Attorney, 981-6950

b.      From: Councilmember Worthington

Recommendation: Request the City Manager to prepare ballot title and designation for a June ballot measure that clarifies the intent of Measure I, and addresses possible technical objections to implementation of IRV in November 2006.

Financial Implications: Minimal cost of $9,000 to place it on the June primary ballot; but also possibly saving the cost of conducting one or more run-off elections in November.

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

c.       From: Councilmember Wozniak

Recommendation: Require that the specific Instant Runoff or Ranked Choice Voting system chosen for any upcoming Berkeley and Alameda County election satisfy the following conditions: 1) treat all voters the same; 2) count all votes; and 3) ensure that each voter has a vote in all rounds, including the final round.

Financial Implications: None.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

35. Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (Held over from March 7, 2006)

From: City Manager

Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property.

Financial Implications: $225,182 annually

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – New Business

36. Adoption of Alameda County-wide Homeless and Special Needs Housing Plan

a.      From: City Manager

Recommendation: Adopt a Resolution adopting the Alameda County-wide Homeless and Special Needs Housing Plan.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

b.      From: Commission on Disability (PDF, 129 KB)

Recommendation: This report is in response to a request from the Housing Department that the Commission on Disability offer its support for the Alameda County-Wide Homeless and Special Needs Housing Plan. The Commission on Disability is withholding support as a way of ensuring that future studies will include more detailed analysis of related disability issue, however, the Commission does not want to hold up approval of the plan.

Financial Implications: None

Contact: Paul Church, Secretary, 981-6342
 

Information Reports

37. Omnibus Audit Report

From: City Manager

Contact: Fran David, Finance, 981-7300

38. Follow Up on Installation of 1.8 kW Wind Turbine at Shorebird Park

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

39. Condominium Conversion Ordinance

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

40. Homeland Computers

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

 

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