Agenda Committee Item #5
Council Draft Agenda - June 20, 2006

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draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 20, 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.   Rabies Quarantine Regulations (First reading June 13, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance repealing Berkeley Municipal Code Section 10.04.160(D) which states that quarantine regulations do not apply to animals that bite their owner/guardians.

Financial Implications: None

Contact: Phil Kamlarz, City Manager 981 7000

2.   Construction and Demolition Debris Salvage and Recycling (First reading June 13, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Title 19, Buildings and Construction, to add Chapter 19.24, Construction and Demolition (“C&D”) Debris Salvage and Recycling, decreasing the amount of landfilled material from select construction and demolition projects.

Financial Implications: Refuse Fund - Neutral impact

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

3.   West Berkeley Bowl - 920 Heinz Avenue (First reading June 13, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance reclassifying a 1.9-acre portion of the project site from MU-LI District to C-W District, and amending the MU-LI provisions to allow storage spaces to serve contiguous and directly accessible food products stores located outside the MU-LI District.

Financial Implications: See report

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

4.   Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (First reading June 13, 2006 – Unanimous)

From: City Manager (April 25, 2006)

Recommendation: Adopt second reading of an Ordinances amending Berkeley Municipal Code (BMC) Title 23.

Financial Implications: None

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

5.   Ballot Measure: Gilman Street Playing Fields

From: City Manager

Recommendation: Adopt a Resolution placing a measure on the November 7, 2006 ballot adopting an amendment to the General Plan, Waterfront Plan and Waterfront Specific Plan to establish an "as of right" use for public or commercial recreation sports facilities and exempting such use from the requirement for a Master Development Plan (MDP) and Use Permit, to accommodate the proposed Gilman Street Playing Fields.

Financial Implications: See report

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

6.   Donation: Raymond Family Foundation to the Animal Care Shelter

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the Raymond Family Foundation to the Animal Shelter in the sum of $4,000.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

7.   Adoption of Findings To Abate Public Nuisance at Black and White Liquors -3027 Adeline Street

From: City Manager

Recommendation: Adopt a resolution adopting findings and remedial measures as previously determined by the City Council on May 16, 2006, after considering Black & White Liquor’s objections, if any, to the amount of the proposed monetary fine to recover staff costs of $8,700.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

8.   Increase Purchase Order with Pinnacle Printing Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase blanket purchase order 57567 with Pinnacle Printing Systems to pay for printing and mailing services already provided, for a total amount not to exceed $44,755 for the period July 1, 2005 through June 30, 2006.

Financial Implications: Revenue Collection: General Fund $15,000; Refuse Fund $9,000; Rental Housing Fund $2,755

Contact: Frances David, Finance, 981-7300

9.   Contract: Berkeley Food and Housing Project Supportive Housing Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Food and Housing Project for operating the Russell Street Residence for the period from June 1, 2006 to June 30, 2007 in an amount not to exceed $77,500.

Financial Implications: AB2034 Funds - $77,500

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

10. Contract: Emergency Services for Berkeley Residents with Severe Disabilities

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Easy Does It to provide emergency services to Berkeley residents with severe disabilities for the period July 1, 2006 to June 30, 2007 in an amount not to exceed $771,244; and approving an option to extend the term of the contract three additional years contingent upon a satisfactory performance evaluation conducted annually.

Financial Implications: SPL Tax SP Disabled Measure E - $771,244

Contact: Stephen Barton, Housing, 981-5400

11. Contract: Workers’ Compensation Third Party Administrator

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Innovative Claims Solutions, Inc. to provide workers' compensation third-party administrative services in an amount not to exceed $2,360,160 from July 1, 2006 to June 30, 2010.

Financial Implications: Workers' Compensation Self-Insurance Fund, $2,360,160

Contact: David W. Hodgkins, Human Resources, 981-6805

12. Memorandum of Understanding: Association of Bay Area Governments / Bay Area Regional GIS Council Servers

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Association of Bay Area Governments (ABAG) to host a pair of public facing servers to provide Geographical Information Systems (GIS) data from the nine county bay area region to the public and agencies of the region.

Financial Implications: None

Contact: Chris Mead, Information Technology, 981-6500

13. Gilman Playing Fields Joint Powers Agreement #3

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with five JPA cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond) to implement Section 3 of the Joint Exercise of Powers agreement authorized on November 18, 2003 to develop, operate, and maintain the Gilman Street Playing Fields.

Financial   Implications: See report

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

14. Increase Purchase Order for Sutter Occupational Health

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase in the purchase order with Sutter Occupational Health for an additional $30,000 for a total amount not to exceed $55,000 for FY 2006.

Financial Implications: General Fund $30,000

Contact: Douglas N. Hambleton, Chief of Police, 981-5705

15. Payment to Sacramento Police Department for Academy Training

From: City Manager

Recommendation: Adopt a resolution authorizing the City Manager to establish a purchase order with the Sacramento Law Enforcement Training Center, Sacramento Police Department Academy, in an amount not to exceed $84,000 for tuition.

Financial Implications: General Fund - $84,000

Contact: Douglas N. Hambleton, Chief of Police, 981-5705

16. Contract: Community Conservation Center

From: City Manager

Recommendation: Adopt a Resolution amending Contract No. 6856 with Community Conservation Center to increase the not-to-exceed amount from $238,000 to $380,000 in FY 2006 to correct an error and reinstate the previously authorized contract amount.

Financial Implications: $380,000 - Various Funds

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

17. Contract: Project Management Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with William Gargan to provide project management services for the Hills Fire Station, increasing the contract amount by $75,000 for a new contract amount not to exceed $220,000, and extending the term of the contract from July 1, 2006 to September 30, 2006.

Financial Implications: FY 2006 Hills Fire Station Budget, Measure G Account - $75,000

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

18. Oppose Senate Bill 1404: Parking Citations Related to Street Sweeping

From: City Manager

Recommendation: Oppose Senate Bill 1404, which would require that citations issued for violating parking restrictions related to street sweeping be cancelled once contested if the city cannot prove that the street was cleaned on the date of the violation; and send a letter of opposition to the Senate Appropriations Committee; Senator Mike Machado; the League of California Cities Department of Public Safety, Transportation and Public Works; and the City's State Lobbyist.

Financial Implications: None

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

19. Grandfathering Recycling Box on 1700 Block of Channing Way (PDF, 2 MB)

From: Councilmember Spring

Recommendation: Request that the City Manager create a classification to accommodate the 35 year recycling box, known as “Wishing Well,” on the sidewalk median strip on the 1700 block of Channing Way and waive any proposed costs.

Financial Implications: None

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

20. Lift the Boycott on the Claremont Resort and Spa (PDF, 483 KB)

From: Councilmember Wozniak

Recommendation: Adopt a Resolution rescinding Resolution No. 61,447-N.S. and Resolution No. 62,407-N.S. to lift the boycott against The Claremont Resort and Spa and strongly encourage the community to return its business to the spa facility.

Financial Implications: None

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

21. Tobacco Prevention Policies

a.      From: Community Health Commission (PDF, 431 KB)

Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.62.040 to expand the places free sampling of tobacco and distribution of tobacco coupons are prohibited to include any place open to the public and to apply it to anyone engaged in such activities; direct the City Manager to develop and submit a proposal for funding, and if funded, to craft specific voluntary and/or legislative policy recommendations in conjunction with all interested stakeholders including the Community Health Commission to prevent the exposure of drifting secondhand smoke in new and/or existing public or private multi-unit housing in Berkeley; and take no legislative action at this time to restrict smoking in cars transporting children due to State Vehicle Code preemption, but ask the City’s legislative representatives to introduce a bill similar to the 2004 Firebaugh bill prohibiting on a state-wide basis smoking in cars transporting children.

Financial Implications: See report

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

b.      From: City Manager

Recommendation: The City Manager concurs with the recommendations in the Commission’s Report as long as all additional costs are covered by outside funding.

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

22. Termination of Berkeley Honda Labor Dispute

a.      From: Commission on Labor (PDF, 145 KB)

Recommendation: Adopt a Resolution commending the employees of Berkeley Honda and the ownership/management of the dealership for bringing their long-standing labor dispute to an end, and sending a copy of this resolution to the Berkeley Honda owners/managers.

Financial Implications: See report

Contact: Delfina Geiken, Commission Secretary, 981-7000

b.      From: City Manager

Recommendation: The City Manager concurs with the content and recommendations of the Commission’s Report.

Contact: Tom Myers, Economic Development, 981-7000

Action Calendar – Appeal

23. Appeal: 1421 Second Street

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve the modification of Use Permit #8957 to allow the construction of a carbon adsorption system at Plant #3 of Pacific Steel Casting Company (PSC).

Financial Implictions: None

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

b.      Appeal

1.      L.A. Wood

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

24. Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees

From: City Manager

Recommendation: Discuss the FY 2007 proposed mid-biennial budget update, work plan update and fees. Conduct a public hearing. Council will adopt the FY 2007 budget on June 27, 2006.

Financial Implications: See budget book and report

Contact: Tracy Vesely, City Manager, 981-7000

25. Elmwood Theater Business Improvement Area (PDF, 224 KB)

From: Elmwood Advisory Board

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2006 and levying assessments in the area for FY 2007.

Financial Implications: General Fund - $18,745

Contact: David Fogarty, Secretary to the Advisory Board for the Elmwood Theater Business Improvement Area, 981-7530

26. North Shattuck Business Improvement District

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution: 1) confirming the Annual Report of the North Shattuck Business Improvement District (BID) for Fiscal Year 2006 and 2) levying assessments in the District for FY 2007.

Financial Implications: See report

Contact: Thomas Myers, Economic Development, 981-7530

27. Marina Fee Increases for Fiscal Year 2007

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution establishing the rate schedule in the Marina by increasing base rate fees by 8% and Nature Center/Adventure Playground fees by 5% for FY 2007, and rescinding Resolution No. 62,536-N.S. and all amendatory Resolutions.

Financial Implications: See report

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

28. Establishing Refuse Rates for FY 2007

From: City Manager

Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution setting rates for the collection of refuse and organics, Transfer Station disposal, and special services; reconfirming existing refuse collection districts; and rescinding Resolution No. 62,952-N.S. and all amendatory resolutions, effective July 1, 2006.

Financial Implications: Refuse Fund - $1,377,394

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

29. Sewer Service Charges for FY 2007

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to establish sewer service rates for FY 2007, effective July 1, 2006.

Financial Implications: Sanitary Sewer Program - $13.9 Million Revenue

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

30. Fiscal Year 2007 Street Lighting Assessments

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution, confirming the assessments in the Engineer's Report, dated April 2006,and authorize the levying of FY 2007 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

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

31. Utility Underground District No. 47 (Miller/Stevenson)

From: City Manager

Recommendation: Conduct a public hearing and on conclusion, adopt a Resolution amending Resolution No. 56,237-N.S. to modify the boundary of Utility Underground District No. 47 (Miller/Stevenson) to exclude three parcels, include seventeen additional parcels and add specific dates for utility companies and property owners to complete required work.

Financial Implications: None

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

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

32. Berkeley Humane Society and the Nexus Art Cooperative

a.      From: Civic Arts Commission (PDF, 124 KB)

Recommendation: Direct the City Manager to intervene in the action proposed by the Berkeley-East Bay Humane Society to evict the tenants of 2707 Eighth Street, i.e., the Nexus Institute, and to delay the eviction of more than two dozen practicing artists and craftsperson's from the building for a reasonable period of time in which to secure comparable space or spaces in West Berkeley as provided by Berkeley Municipal Code Section 23E.84.090.

Financial Implications: See report

Contact: Mary Ann Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7533

b.      From: City Manager

Recommendation: No action should be taken by the city regarding private disputes between a landlord and tenants.

Contact: Thomas Myers, Economic Development, 981-7530

33. Berkeley Marina Ordinance Revisions and Updates

a.      From: Waterfront Commission (PDF, 242 KB)

Recommendation: Adopt first reading of two Ordinances: 1) repealing certain sections of Berkeley Municipal Code (BMC) Chapter 6.08; and 2) amending BMC Chapter 6.20; to update current conditions and to remove outdated language.

Financial Implications: None

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

b.      From: City Manager

Recommendation: The City Manager recommends adopting all changes to the Berkeley Marina Ordinance proposed by the Waterfront Commission except for Berkeley Municipal Code (BMC) Section 6.20.180 (Prohibited Activities); and replace BMC Section 6.20.200 with proposed language from this report.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation & Waterfront

  

Information Reports

34. Audit Plan for FY 2007 (PDF, 156 KB)

From: Auditor

Financial Implications: See report

Contact: Ann-Marie Hogan, City Auditor

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

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6805

36. Landmarks Preservation Commission –Notice of Decision 2104 Sixth St

From: City Manager

Financial Implications: None

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

37. Annual Work Plan (PDF, 139 KB)

From: Commission on Labor

Financial Implications: None

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7000

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