Agenda Committee Item #5
Council Draft Agenda - July 18, 2006

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 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.

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.   Contract: Legislative Representation Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lynn M. Suter & Associates to provide the City with legislative representation services in Sacramento from July 1, 2006 to June 30, 2007, in an amount not to exceed $49,970.

Financial Implications: General Fund - $49,970

Contact: Phil Kamlarz, City Manager, 981-7000

2.   South Berkeley Revolving Loan Fund Certification

From: City Manager

Recommendation: Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: See Report

Contact: Thomas A. Myers, Acting Manager of Economic Development, 981-7500

3.   Formal Bid Solicitations and Request for Proposals

From: City Manager

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

Financial Implications: Capital Improvement Fund - $1,200,000

Contact: Fran David, Director, Finance, 981-7300

4.   Purchase Order: Office Supplies

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into purchase orders with Office Depot to supply all miscellaneous office supplies and  100% recycled processed chlorine-free (PCF) copy paper for a period of 3 years from July 1, 2006 through June 30, 2009, in an amount not to exceed $550,000 per year.

Financial Implications: See report

Contact: Fran David, Finance, 981-7200

5.   Combating Alcohol and Other Drug Problems

From: City Manager

Recommendation: Adopt a Resolution generally supporting the analysis in the report, 1) City of Berkeley Taking the Lead in Combating Alcohol and Other Drug Problems and 2) directing the City Manager to analyze the feasibility of implementing some or all of the recommendations in the report to develop an implementation plan, and report to the Council in December 2006.

Financial Implications: Unknown

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

6.   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 $100,000 for a new contract amount not to exceed $219,950 and expiring when services are no longer required.

Financial Implications: General Fund - $100,000

Contact: Stephen Barton, Housing, 981-5400

7.   Contract: Community Energy Services Corporation (CESC)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Community  Energy Services Corporation (CESC) for Sustainable Berkeley, for the period July 1, 2006 to June 30, 2008 in an amount not to exceed $133,700.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

8.   Contract: Supplementary Retirement and Income Plan Self Directed Investment Account Third Party Adminstrator

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Prudential Insurance Company of America (Prudential) to provide administrative services for the Supplementary Retirement and Income Plan (SRIP) Self Directed Investment Account.

Financial Implications: None

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

9.   Donation:  Aquatics Equipment

From: City Manager

Recommendation: Adopt a Resolution accepting a cash donation from the United Pool Council (UPC) in the amount of  $5,600 and an equipment donation valued at $3,060.

Financial Implications: See report

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

10. Off-street Parking in Required Yards on Residential Lots

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23 to: 1) allow by-right one new parking space within a required side yard so long as the parking area is a permeable surface approved by the Public Works Department and Office of Transportation, vegetative screening is provided, and the impact on usable open space is minimized; 2) require an Administrative Use Permit (AUP) for new uncovered parking spaces in front and rear yards on residential lots, except when the space is for a by-right Accessory Dwelling Unit and not in the front yard; 3) revise the definition of “yard” to no longer prohibit parking in required yards; and 4) 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: See report

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

11. Purchase Order: Telephone Directory Advertising

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with SBC Smart Yellow Pages to advertise refuse collection and recycling services in an amount not to exceed $34,437 for  FY 2007.

Financial Implications: Various Funds - $34,437

Contact: Claudette Ford, Public Works, 981-6300

12. Contract: FY 2006 Curb Ramp Installation Project

From: City Manager

Recommendation: Adopt a Resolution to: 1) approve plans and specifications for FY 2006 Curb Ramp Installation; 2) reject all bids submitted on March 30, 2006 and re-scope the project and re-advertise for bids; 3) accept the bid of AJW, Inc., submitted on April 20, 2006; and 4) authorize the City Manager to execute a contract and any amendments, in an amount not to exceed $284,900 for a period of 120 calendar days for the period August 1, 2006 to December 1, 2006.

Financial Implications: Community Development Block Grant - $284,900

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

13. Contract: Transit Benefits Program Administrator

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments in an amount not to exceed $82,735 for the period of October 1, 2006 through September 30, 2009 to Conexis Benefits Administrators to administer the Transit Benefits Program for employees; and for options to extend the contract for two additional one-year periods up to a maximum of five years, at the City's discretion, for a total contract amount not to exceed $134,400.

Financial Implications: See report

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

14. Lease:  2434 Durant Avenue

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Liaqat M. Choudary for 2434 Durant Avenue in the Telegraph Channing Shops, formerly known as Sather Gate Garage Shops, for the purpose of operating a dollar-style variety store.

Financial Implications: Off Street Parking Fund - $131,616 Revenue

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

15. Lease: 2432 Durant Ave

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Kwi Ja Chon at 2432 Durant Avenue, Telegraph Channing Shops, formerly known as Sather Gate Garage Shops, for the purpose of operating a shoe repair shop.

Financial Implications: Off Street Parking Fund - $181,764 Revenue

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

16. Contract: On-Call Traffic Engineering Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Korve Engineering for on-call traffic engineering services, increasing the amount by $50,000 for a new contract total amount not to exceed $90,000, and extending the term of the contract through October 31, 2007.

Financial Implications: Bike Plan Implementation Fund and Traffic Calming  Fund - $50,000

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

17. Contract: Security Guard Services

From: City Manager

Recommendation: Adopt a Resolution 1) accepting the bid of Securitas Security Services USA, Inc.; 2) authorizing the City Manager to execute a contract and any amendments with Securitas Security Services USA, Inc., for security guard services at the Corporation Yard and Solid Waste Management Center for the period September 1, 2006 to June 30, 2007 for an amount not to exceed $170,375; and 3) approving options to extend the contract for two additional one-year periods with the amounts to be adjusted pursuant to the Consumer Price Index (CPI).

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

18. Final Tract Map  7696: 1406 San Pablo Avenue

From: City Manager

Recommendation: Adopt a Resolution approving the final Tract Map 7696, an eight-unit residential and commercial condominium located at 1406 San Pablo  Avenue.

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

19. Speed Limit Reductions on Claremont Ave and Eastshore Highway

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 14.24.150 and 14.24.220 to reduce the speed limit on Frontage Road between Hearst Avenue and Gilman Street from 40 mph to 35 mph and on Claremont Avenue between Ashby Avenue and Oakland city limit from 30mph to 25mph.

Financial Implications: Measure B Local Streets and Roads Fund - $3,000

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

Action Calendar – Appeals

20. 1201 San Pablo Avenue / 1100 Harrison Street

a.   From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 05-10000029 to construct a 30-unit, mixed-use project, and dismissing the appeal.

Financial Implications: None

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

b.      Appeal

1.      Susan Pinto and Kain/Stannage Neighbors who also join in the appeal.

c.   Communications

None

21. 2104 Sixth Street

a.   From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND) and approve 1) the legalization of the demolition of 2104 Sixth Street; and 2) the reconstruction of the demolished portion of 2104 Sixth Street (UP#06-10000027), and dismiss the appeal.

Financial Implications: None

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

b.      Appeal

1.   Jeff Hoffman on behalf of Friends of Oceanview-Sisterna Historic District

c.       Communications

22. 2104 Sixth Street 

a.   From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission (LPC) to approve the demolition of 2104 Sixth Street (Permit #06-40000003) and dismiss the appeal.

Financial Implications:  None

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

b.   Appeal

1.   Jano Bogg on behalf of Friends of Ocenview-Sisterna Historic District

c.   Communications

 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

23. Authorizing Payment of In-Lieu Fees for Inclusionary Condominium Units

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 23C.12 by adding Section 23C.12.035 allowing an in-lieu fee in place of providing otherwise required inclusionary condominiums.

Financial Implications: See report

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

24. Telegraph Property And Business Improvement District

From: City Manager

Recommendation: Conduct a public hearing and  upon conclusion, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2006 and levying assessments in the District for FY 2007.

Financial Implications: See report

Contact: Thomas A. Myers, Acting Manager of Economic Development, 981-7500
 

Action Calendar – New Business

25. Ballot Measure: Impeachment of President Bush and Vice President Cheney

From: City Manager

Recommendation: Review the ballot title, text and analysis prepared by the City Attorney and adopt a Resolution placing an advisory measure calling for the impeachment of President Bush and Vice President Cheney on the November 7, 2006 ballot.

Financial Implications:  General Fund - $10,000.

Contact:  Sherry M. Kelly, Acting City Clerk, 981-6900

26. Ballot Measure:  Greenhouse Gas Emissions

From: City Manager

Recommendation:  Review the ballot title, text and analysis prepared by the City Attorney and adopt a Resolution placing an advisory measure supporting aggressive efforts to reduce greenhouse gas emissions on the November 7, 2006 ballot.

Financial Implications:  General Fund - $10,000.

Contact:  Sherry M. Kelly, Acting City Clerk, 981-6900

 

Action Calendar – New Business

27. Voting Delegates-League of California Cities

From: City Manager

Recommendation: That Council designate a voting delegate and alternate for  the business meeting of the Annual League of California Cities meeting to be held on Saturday, September 9, 2006, at the San Diego Convention Center in San Diego, California and direct the City Clerk to forward  the name of the delegate and alternate to the League no later  than August 15, 2006.

Financial Implications: Conference fees - $485 full conference; $300 one-day pass

Contact: Phil Kamlarz, City Manager

  

Information Reports

28. Impact Report:  Initiative amending Berkeley Municipal Code Chapter 21.28 to Encourage and Regulate Conversion of a Limited Number of Rental Units to Condominiums

From: City Manager

Contact:  Stephen Barton, Housing, 981-5400

29. Impact Report:  Initiative amending Landmarks Preservation and Demolition Permit Application for Non-Residential Building Ordinances

From: City Manager

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

30. Use of Biodiesel  Fuel

From: City Manager

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

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