Agenda Committee Item #5
Council Draft Agenda - April 25, 2006

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 25, 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.   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 – Presentation

24. Presentation: Storm Water Improvements

From: City Manager

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

 

Action Calendar – Appeals

25. ZAB Appeal: 1865 University Avenue – Use Permit No. 05-10000131

a.   From: City Manager

Recommendation: Adopt a Resolution remanding Use Permit #05-10000131 to the Zoning Adjustments Board to evaluate a more detailed applicant's statement and to consider the proposed changes and reduced intensity to the existing legal non-conforming use at 1865 UniversityAvenue.

Financial Implications: None

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

b.   Appeal:

1.      Thomas V. Roland

c.   Communications:

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 – Public Hearing

26. Appeal: 2946 Harper Street – Administrative Citations 0034, 0035, 0036, and 0038

a.   From: City Manager

Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution rejecting the property owner's objection to the cost of the administrative fines issued to him for his failure to comply with the Notices of Violation regarding illegal construction at his property at 2946 Harper Street, and allowing the lien to be recorded as written and approved by the City Manager.

Financial Implications: General Fund - $59,600 revenue

Contact: Phil Kamlarz, City Manager, 981-7000

b.   Appeal:

1.      Ellen E.S. Rodin, Esq.

Communications:

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 – Old Business

27. 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

28. Support Proposition 82, Public Preschool Education (Held over from March 21, 2006)

From: Councilmember Worthington

Recommendation: Support Proposition 82, a ballot initiative on the June 6, 2006 Primary Election ballot, which would establish a right to voluntary public preschool education for four-year-old children funded by a 1.7% tax on individuals earning above $400,000 and couples earning above $800,000.

Financial Implications: None

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

 

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

 

Information Reports

37. Impact on Staff Resources for Additional Council Meetings

From: City Manager

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

38. Business License Tax Program Audit Report For Fiscal Year 2005 (PDF, 318 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor's Office, 981-6750

39. Omnibus Audit Report

From: City Manager

Contact: Fran David, Finance, 981-7300

40. Request for Fee Deferral - Savo Island Cooperative Homes

From: City Manager

Financial Implications: See report

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

41. West Berkeley Bowl (920 Heinz Avenue) - Status Report for proposed Use Permit, Environmental Impact

From: City Manager

Financial Implications: None

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

  

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.

Communication (or Agenda Item) Title

1.      Author

 

Adjournment