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

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SPECIAL mEETING draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 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 the 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.   Appointment of City Clerk

From: City Manager

Recommendation: Adopt a Resolution confirming the appointment of Bonnie L. Gawf as City Clerk.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

2.   Appointment of Director of Public Works

From: City Manager

Recommendation: Adopt a Resolution confirming the appointment of Claudette R. Ford as Director of Public Works.

Financial Implications: See report

Contact: Phil, Kamlarz, City Manager, 981-7000

3.   Contract: Artwork for Maudelle Shirek Mural

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a professional service artist contract with Mildred Howard & Daniel Galvez to create a mural of the life of Maudelle Shirek in Old  City Hall in an amount not to exceed $38,000 for the period of August 1, 2006 through June 30, 2006.

Financial Implications: Public Art Fund - $38,000

Contact: Thomas Myers, Acting Manager of Economic Development, 981-6500

4.   Agreement: Community Relationship Management Software

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) Approve the selection of a vendor to be either Lagan Technologies Inc., or Tier 1 Innovations, based on Requests for Proposals (RFP) submitted; and 2) Execute a 3-year contract during the Council recess with the selected vendor to provide comprehensive Community Relationship Management software in an amount not to exceed $500,000 plus annual maintenance not to exceed $50,000 for the period of September 1, 2006 through August 31, 2009.

Financial Implications: General Fund - $650,000

Contact: Frances David, Finance, 981-7300

5.   Grant: Mental Health Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the California Department of Mental Health and execute a revenue agreement in the amount of $2,510,238 to plan and implement transformative mental health programs under the Mental Health Services Act Community Services and Supports; to execute the resultant revenue agreement and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Revenue to Mental Health Fund – See report

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

6.   Contract: Mental Health Workforce Development

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Lippitt Consultant Services for services in support of activities related to increasing the diversity and skill base of the public mental health workforce and to increase the amount by $2,618 for a total contract amount not to exceed $38,618.

Financial Implications: See report

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

7.   Contract: Public Health Trainee

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Tanya Perez, California Epidemiological Investigation Service trainee, to develop communicable disease protocols, flu prevention campaign, avian flu preparedness, and other communicable  disease prevention and control activities in an amount not to exceed $43,000.

Financial Implications: Various Funds - $43,000

Contact: Fred Medrano, Health and Human Services, 981-5300

8.   Amendment to Pre-Development Agreement - Oxford Plaza Housing Development

From: City Manager

Recommendation: Adopt a Resolution 1) approving the use of $610,000 from a fund reservation of $2,200,000  previously approved for the  Oxford Plaza from the Housing  Trust Fund, and authorizing the City Manager to amend and execute loan agreements concerning the Predevelopment Agreement with Resources for Community Development; (RCD) and 2) Adopt a Resolution amending Resolution No. 62,797-N.S. for the Oxford Plaza project to amend the conditions for the funding reservation to exempt any funds which are reallocated to pre-development funding, to be exempt from specific funding reservation requirements.

Financial Implications: See report

Contact: Stephen  Barton, Housing, 981-5400

9.   Contract: Sustainable Berkeley

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 Berkeleyin an amount not to exceed $133,700.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

10. Contract: Occupational Health Medical Examinations

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with U. S. HealthWorks for occupational health medical examinations including pre-employment and annual physicals, and drug and alcohol sample collection.

Financial Implications: Various Funds including General Fund, $150,000

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

11. Contract: Public Safety Computer System

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Innovative Technologies Inc. increasing the amount by $75,000 to cover additional work on the new public safety computer system, for a total amount not  to exceed $100,000.

Financial Implications: See report

Contact: Chris Mead, Information Technology, 981-6500

12. Pavement Markings and Motorcycle Parking on Telegraph Avenue

From: City Manager

Recommendation: Request the City Manager to direct staff to remove the 17 small channelization islands on Telegraph Avenue in order to straighten the alignment of the lane lines on Telegraph Avenue, between Ashby Avenue and Dwight Way, and to reinstate the car parking spaces where they were removed to accommodate the lane configuration.

Financial Implications: Building Purchases and Management Fund - $50,000

Contact: Peter Hillier, Public Works, 981-7010

13. Proclamation: Celebration of Americans with Disability Act's 16th Anniversary (PDF, 63 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation in Celebration of American's with Disability Act (ADA) 16 Year Anniversary.

Financial Implications: None

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

14. Oppose Proposition 85: California Constitutional Amendment requiring Parental Notification for Abortion (PDF, 75 KB)

From: Councilmember Worthington

Recommendation: Oppose a constitutional amendment that would  require health care providers  to notify the parents of women  under the age of 18 before providing abortion services.

Financial Implications: None

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

Action Calendar – Appeals

15. 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

16. 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 Oceanview-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

17. Transportation Services Fee (CF 69-01)

a.   From: City Manager (continued from July 11, 2006)

Recommendation: Conduct a public hearing and upon conclusion:  1) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 22.20, Mitigation and Fees--Conditions For Approval of Development Projects, to enact a Transportation Services Fee; 2) adopt a Resolution establishing the fee level, applicability, and procedures for assessing the Transportation Services Fee; and 3) direct the Planning Commission to remove all references to the previous Transportation Services Fee in the City’s Zoning Ordinance and make any other necessary changes to the Zoning Ordinance.

Financial Implications: See report

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

b.      From: City Manager

Supplemental Materials (July 11, 2006)

1.      Revised Resolution

2.      Fact Sheet

3.      Nelson/Nygaard Consulting Associates

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

c.   From: Transportation Commission (Held over from April 25, 2006)

Recommendation: Adopt the Transportation Services Fee 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, Commission Secretary, 981-6300

d.   From: Planning Commission

Recommendation: Council not adopt the Transportation Service Fee at this time and that the Council direct staff and the appropriate commissions to develop alternative, broadly-based funding mechanisms that would fund the proposed projects.

Contact: Carli Paine, Commission Secretary, 981-7403

 

Action Calendar – Old Business

18. Employee Representation at the West Berkeley Bowl (Held over from July 11, 2006)

From: Councilmembers Capitelli, Anderson, Moore and Worthington

Recommendation: Adopt a Resolution supporting an expeditious and open process for employee representation at the West Berkeley Bowl.

Financial Implications: None

Contacts: Laurie Capitelli, Councilmember District 5, 981-7150; Max Anderson, Councilmember District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120; and Kriss Worthington, Councilmember District 7, 981-7170

19. Support of Fair Labor Practices (Held over from July 11, 2006)

From: Councilmember Spring

Recommendation: Adopt a Resolution requesting that the Berkeley Bowl and other Berkeley businesses support fair labor practices and refer to the City Manager a request that staff work with community members and union members to create an ordinance that will encourage the hiring of community members for jobs with fair labor standards.

Financial Implications: See Report

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

Action Calendar – New Business

20. Response to Grand  Jury Final Report - Parking Meter Enforcement (To Be Delivered)

From: City Manager

Recommendation: Authorize the City Manager to send the following response to the Alameda County Civil Grand Jury in response to their final report on parking meter enforcement in Berkeley.

Financial Implications: See report

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

 

Election Matters

21. Initiative Petition:  Ordinance amending Berkeley Municipal Code Chapter 21.28 to Encourage and Regulate Conversion of a Limited Number of Rental Units to Condominiums and to Assist Tenants in Purchasing Their Own Units

From:  City Manager

Recommendation: Take one of the following actions as provided by Section 92(3 and 4) of the Charter of the City of Berkeley:  1) pass the Ordinance without alteration within 20 days after the attachment of the City Clerk’s certificate of sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance without alteration, to a vote of the people at the November 7, 2006 General Municipal Election after review and comments on the ballot title and analysis as prepared by the City Attorney.

Financial Implications:  See report

Contact:  Sherry M. Kelly, Acting City Clerk

22. Initiative Petition:  Ordinance amending Landmarks Preservation and Demolition Permit Application for Non-Residential Buildings Ordinances

From:  City Manager

Recommendation:  Take one of the following actions as provided by Section 92(3 and 4) of the Charter of the City of Berkeley:  1) pass the Ordinance without alteration within 20 days after the attachment of the City Clerk’s certificate of sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance without alteration, to a vote of the people at the November 7, 2006 General Municipal Election after review and comments on the ballot title and analysis as prepared by the City Attorney.

Financial Implications:  See report

Contact:  Sherry M. Kelly, Acting City Clerk

23. 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

Information Reports

24. Wireless Internet

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.

Communication (or Agenda Item) Title

1.      Author

 

Adjournment