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 April
18, 2006)
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 $8,018,918 (gross)
and $7,393,620 (net).
Financial Implications: See Report
Contact:
Phil Kamlarz, City Manager, 981-7000
2. Abatement
of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (First reading April 18, 2006)
From: City Manager
Recommendation: Adopt second 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
3. Ewrudje v. City of Berkeley Settlement
From: City Manager
Recommendation: Adopt a Resolution
approving the settlement of the Alameda County Superior Court Action No. RG 03
121094 entitled Patricia Ewrudje, Mudiaga Ewrudje, and Obaro Ewrudje v. City of
Berkeley in the amount of $250,000, of which the City will pay $146,181 and the
Bay Area Joint Powers Insurance Authority will pay $103,820.
Financial Implications: Public Liability Fund -
$146,181; Joint Powers Insurance Authority - $103,820
Contact:
Manuela Albuquerque, City Attorney, 981-6950
4.
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 - $150,000
Contact: Fran David, Director,
Finance, 981-7300
5. Lease: 1767 Alcatraz Avenue
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with the South Berkeley Neighborhood Development Corporation for
real property located at 1767 Alcatraz Avenue in an amount not to exceed
$31,710, for the purpose of leasing office space for the Black Infant Health Program
for the period July 1, 2006 to June 30, 2007 with an option to extend for an
additional two year period.
Financial Implications: Health General Fund -
$31,710
Contact:
Fred Medrano, Health and Human Services, 981-5100
6. Contract: Peer and Consumer-Based Mental Health Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to waive competitive bidding requirements and
execute a contract and any amendments with Peers Envisioning and Engaging in
Recovery Services for the provision of peer and consumer-based mental health
services for the period April 1, 2006 through June 30, 2007 in an amount not to
exceed $103,793, and authorizing an advance contract payment in the amount of
$13,800.
Financial Implications: State Mental Health Fund -
$103,793
Contact:
Fred Medrano, Health and Human Services, 981-5100
7.
Grant: Contraceptive Gel
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to: accept a grant from the California Family
Health Council in the amount $23,950; participate in an assessment of
contraceptive gel users and their partners; execute any resultant revenue
agreements and amendments; and authorize the implementation of the project and
appropriation of the funding for related expenses, subject to securing the
grant.
Financial Implications: California Family Practice Title X Fund - $23,950 revenue
Contact: Fred
Medrano, Health and Human Services, 981-5100
8. Contract: Dental Services
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with the Alameda
County Public Health Department, Office of Dental Health for the provision of
dental services, education and outreach to eligible elementary schools in
Berkeley for the period July 1, 2006 through June 30, 2008 in an amount not to
exceed $100,000.
Financial Implications: General Fund - $100,000
for two years
Contact:
Fred Medrano, Health and Human Services, 981-5100
9. Unrepresented Employee Manual-Leaves of Absence Without Pay
From: City Manager
Recommendation: Adopt a Resolution to
amend Resolution No. 60,777- -N.S, the Unrepresented Employee Manual, to amend
Article 7.02.01 (Leaves of Absence Without Pay) to permit Legislative
Assistants and Assistants to the Mayor to be authorized by their respective
Councilmember or the Mayor to request a Leave of Absence Without Pay before
exhausting accrued compensatory time or vacation leave.
Financial Implications: None
Contact:
David W. Hodgkins, Human Resources, 981-6800
10. 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
11. 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: $100,000 revenue
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
12. Amendment to Inclusionary Ordinance
From: Planning Commission
Recommendation: Adopt first reading of an
Ordinance amending the Berkeley Inclusionary Housing Ordinance (Berkeley
Municipal Code (BMC) Chapter 23C.12) reinstating the 2004 amendments to BMC
Sections 23C.12.070 and 23C.12.090. These amendments expired on February 19,
2006.
Financial Implications: None
Contact:
Dan Marks, Planning & Development, 981-7400 and Stephen Barton, Housing,
981-5400
13. Final Tract Map 7587: 1728-1730 Hearst Avenue
From: City Manager
Recommendation: Adopt a Resolution
approving Final Map of Tract 7587, conversion of an existing five-unit
Tenancy-in-Common project at 1728 - 1730 Hearst Avenue to five condominium
units in two buildings.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7500
14.
Appointment of Joint LPC-DAPAC Subcommittee for the Process of
Assessing Potential Historic Resource
From:
City Manager
Recommendation:
Adopt a Resolution
establishing a joint subcommittee pursuant to the City of Berkeley
Commissioner's Manual composed of members recommended by the Landmarks
Preservation Commission and the Downtown Area Plan Advisory Committee for the
purpose of guiding staff and the consultant hired for the assessment of
downtown historical resources for the Downtown Area Plan and its Environmental
Impact Report.
Financial
Implications: See
report
Contact: Dan Marks,
Planning and Development, 981-7400
15. 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
16.
Contract: Third Party Administration of Employee Pre-Tax
Transit Benefit Program
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Employee Benefits Specialists, Inc., as a third party administrator of the
Pre-Tax Transit Benefit Program for City of Berkeley employees, increasing the
contract amount by $20,500 for a new contract amount not to exceed $45,000,
with no guaranteed minimum; and changing the contract term to July 1, 2005
through December 31, 2006.
Financial
Implications: Payroll
Deduction Trust Fund 930 - $20,500
Contact: Claudette Ford,
Public Works, 981-6300
17. Endorse the Planning and Conservation League's 10-Point
Statement of Principals (PDF, 232 KB)
From: Councilmembers Maio and
Spring
Recommendation: Send a letter of
endorsement of the 10-Point Statement of Principals developed by the Planning and
Conservation League for protecting communities and the environment to Governor
Arnold Schwarzenegger, Senator Don Perata, and Assembly Member Loni Hancock.
Financial Implications: None
Contact:
Linda Maio, Councilmember, District 1, 981-7110 and Dona Spring, Councilmember,
District 4, 981-7140
18.
Berkeley Alcohol Policy Advisory Coalition's (BAPAC) Proposal
to Modernize Alcohol Outlet Policy (PDF, 80 KB)
From:
Councilmembers Moore and Spring
Recommendation:
Refer BAPAC's
proposed ordinance to the City Manager for review by City staff. Schedule a
presentation by BAPAC for the first Council meeting in July to present the
proposed ordinance from BAPAC and answer Council's questions. Also, schedule a
staff report to be presented at the first September meeting, including plans
for implementation.
Financial Implications: None
Contact: Darryl
Moore, Councilmember, District 2, 981-7120 and Dona Spring, Councilmember, District 4, 981-7140
19. Support Proposition 81
(PDF, 63 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 81 in
the June Primary Elections.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
20. Impeach President George W. Bush and Vice President Richard
Cheney (PDF, 67 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to
impeach President George W. Bush and Vice President Richard B. Cheney.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
21.
Reauthorization of the Voting Rights Act (PDF, 79 KB)
From:
Councilmember Worthington
Recommendation:
Join in a
wide-ranging coalition (including the NAACP and California Common Cause) in
urging Congress to reauthorize the Voting Rights Act, including temporary
sections of the Act that will keep the Voting Rights Act strong.
Financial Implications: None
Contact: Kriss
Worthington, Councilmember, District 7, 981-7170
22. Proclamation: Armenian Genocide Commemoration Day
(PDF, 122 KB)
From: Councilmember Worthington
Recommendation: Approve a proclamation declaring
April 25, 2006 Armenian Genocide commemoration day in Berkeley to be presented
at the April 25, 2006 council meeting.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
23.
Declaring May 2006 as Community Action Month
a. From: Human Welfare and Community Action
Commission (PDF, 145 KB)
Recommendation:
Adopt a Resolution
and approve a proclamation declaring May 2006 to be Community Action Month.
Financial Implications: None
Contact:
Kristen Lee, Secretary, 981-5427
b.
From: City Manager
Recommendation:
The City Managers
concurs with the content and recommendations of the Commission.
Contact: Stephen
Barton, Housing, 981-5400
Action Calendar – New Business
29. Creeks Task Force - Revised Schedule
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 62,711A-N.S. revising the schedule for the Creeks Task
Force and for suspension of the creek culvert provisions in the Creeks
Ordinance (BMC Chapter 17.08).
Financial Implications: See report
Contact:
Dan Marks, Planning & Development, 981-7400
30.
Zoning Ordinance Amendment: Off-street Parking in Required
Yards on Residential Lots
From:
City Manager
Recommendation: Adopt a first reading of
one of two alternative Ordinances amending Berkeley Municipal Code (BMC) Title
23 to: 1a) require an Administrative Use Permit (AUP) for new uncovered parking
spaces in all yards on residential lots, except when the space is for a
by-right Accessory Dwelling Unit and not in the front yard, as recommended by
the Planning Commission; or 1b) allow new uncovered parking spaces in rear and
side yards by-right and require an AUP for parking in front yards on
residential lots, as recommended by Staff; 2) revise the definition of “yard”
to no longer prohibit parking in required yards; and 3) expand screening
requirements for uncovered parking in rear yards, eliminate landscaping
requirements along shared driveways, and clarify the intent and organization of
the parking regulations.
Financial Implications: None
Contact: Dan Marks,
Planning and Development, 981-7400
31.
Preparation of Assessment Engineer’s Report for Proposed
Utility Underground Assessment District No. 2006-47
From:
City Manager
Recommendation:
Adopt two
Resolutions: 1) declaring the City’s intent to prepare an Assessment Engineer’s
Report and hold a public hearing to establish Utility Underground Assessment
District No. 2006-47 (Miller/Stevenson); and 2) defining majority protest for
purposes of establishing Utility Underground Assessment Districts.
Financial
Implications: See
report
Contact: Claudette
R. Ford, Public Works, 981-6300
32. Preliminary Approval of Assessment Engineer’s Report - Utility
Underground Assessment District No. 2
From: City Manager
Recommendation: Adopt a Resolution to
preliminarily approve the Engineer's Report; set a public hearing for the
Council meeting of June 27, 2006; and authorize the City Clerk to mail notices
and ballots to all owners of parcels proposed to be assessed within the
Assessment District, as shown in the Engineer's Report, a minimum of 45 days
prior to the public hearing.
Financial Implications: See report
Contact:
Claudette R. Ford, Public Works, 981-6300
33. Parking Exemptions for City CarShare Vehicles Used for City
Business
From: City Manager
Recommendation: Adopt first reading of
an Ordinance amending Berkeley Municipal Code Section 14.08.060 to exempt City
CarShare vehicles used by City of Berkeley employees for City business from
City laws relating to parking and standing of vehicles in the same manner as
E-plates.
Financial Implications: None
Contact:
Claudette Ford, Public Works, 981-6300
34.
Transportation Grants and Staffing
a. From: Transportation Commission
(PDF, 179 KB)
Recommendation:
Adopt a Resolution
authorizing the City Manager to increase funding for an additional 1.0 FTE
staff position to enable the Transportation Division to adequately carry out
fundraising and grant management activities, as well as bicycle, pedestrian,
transit, traffic safety, traffic calming and transportation demand management
activities.
Financial Implications: See report
Contact: Peter
Hillier, Secretary, 981-6300
b.
From: City Manager
Recommendation:
Refer to budget
process.
Contact: Claudette
Ford, Public Works, 981-6300
35.
AC Transit Stops and Service Cuts
a. From: Transportation Commission
(PDF, 143 KB)
Recommendation:
Send a letter to the
AC Transit Board of Directors urging AC Transit to: 1) implement the
International-Telegraph Rapid without cutting existing 15-minute service on
line 43 in Berkeley; 2) delay the AC Transit Planning Committee hearing on this
topic to ensure the Berkeley Council can make a recommendation; 3) delay
reduction of local service on the line 40 until after Phase 1 of the
International-Telegraph Rapid service has been implemented and until staff
analysis of preliminary ridership of the 40R and 40 routes is completed, six
months to one year after Phase I implementation; 4) enter into a community
dialogue and provide official notice to Berkeley regarding any proposed removal
of stops; and 5) endorse AC Transit’s Bus Stop Removal Process as proposed to
the AC Transit Board at its March 31, 2006 meeting, and that proposed Berkeley
stop removals (lines 40 and 43) be delayed until they can be included in that
process.
Financial Implications: Unknown
Contact: : Peter
Hillier, Secretary, 981-6300
b. From: City Manager
Recommendation:
The City Manager
concurs with the content and recommendations of the Commission.
Contact: Claudette
Ford, Public Works, 981-6300
36. Transportation Services Fee
a. From: Transportation Commission
(PDF, 182 KB)
Recommendation: Adopt the Transportation
Services Fees with the following conditions included in the Ordinance: 1) tie
the threshold for fee application to a discretionary permit and 1,000 square
feet of new floor area; 2) use a five-year definition of vacancy; and 3) assess
the full fee six months after adoption of the enabling Ordinance.
Financial Implications: Unknown
Contact:
Peter Hillier, Secretary, 981-6300
b. From: City Manager
Recommendation:
Refer the
Transportation Commission recommendations, detailed in the companion report, to
staff for report to Council at its July 11, 2006 meeting.
Financial Implications: Unknown
Contact: Claudette
R. Ford, Public Works, 981-6300
