Agenda Committee Item #4
Council Draft Agenda - September 19, 2006

printer friendly pdf

Printer-friendly PDF* draft agenda: (63 KB)

 

 

Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 

Note: 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 19, 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 Sherry M. Kelly, 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.

1.            Pledge of Allegiance to the Flag

2.            Oath of Office

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

Council Action:  The City Council may take action related to any subject listed on the Agenda
 

Consent Calendar - Recess

Ratifying Actions Taken by the City Manager During Summer Recess:

1.   Contract:  Handheld Parking Citation Computers

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to the contract with Enforcement Technology Inc. (E-Tech) for the purchase of seven handheld parking citation computers, increasing the amount by $69,000, in an amount not to exceed $419,000.

Financial Implications: Enterprise Fund 840 - $419,000

Contact: Douglas Hambleton, Chief of Police, 981-5700

2.   Purchase Order:  Deoxyribonucleic Acid Testing

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to increase FY 2006 Purchase Order #57001 to Forensic Analytical Laboratory by $11,720 for Deoxyribonucleic Acid (DNA) testing and analysis services provided in FY 2006, expenditures that exceeded the $45,000.00 purchase limit.

Financial Implications: General Fund - $11,720

Contact: Douglas Hambleton, Police, 981-5700

3.   Purchase Order:  Uniform Rental and Laundry Services

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to increase the FY 2006 Blanket Purchase Order No. 57441 for Aramark Uniform Services from $42,343 to $47,952, in order to pay an outstanding account balance of $5,609 incurred in FY 2006.

Financial Implications: Refuse Collection/Disposal Fund -  $5,609

Contact: Claudette Ford, Public Works, 981-6300

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.

4.   Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of July 17, 2006 (special closed), July 18, 2006 (special and regular), July 24, 2006 (special closed), July 25, 2006 (special), and August 1, 2006 (special).

Financial Implications: None.

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

5.   Contract: Planning and Consultation Services

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the City Council recess to execute an amendment to the contract with Vivian Kahn of Kahn/Mortimer Associates for planning and consulting services and increasing the amount from $24,999 to $35,644.

Financial Implications: Permit Service Center Fund -  $35,644

Contact: Phil Kamlarz, City Manager, 981-7000

6.   Formal Bid Solicitations and Request for Proposals

From: City Manager

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

Financial Implications: Various Funds - $4,105,125

Contact: Fran David, Finance, 981-7200

7.   Contract:  Dorothy Day House "Homeless Meals Delivery Van"

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to the contract with Dorothy Day House to increase the amount by $5,700 for a total not to exceed $ 98,853 for the period July 1, 2005 through June 30, 2007 for the purchase of a replacement van for the delivery of meals to the homeless for the Trinity Methodist Church Breakfast Program.

Financial Implications: General Fund - $5,700

Contact: Stephen Barton, Housing, 981-5400

8.   Endorsing California Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006

From: City Manager

Recommendation: Adopt a Resolution endorsing California Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

9.   Retiree Health Premium Assistance Plan

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 61,752-N.S. (Sections 2.13 and 2.16), the Retiree Health Premium Assistance Plan, to modify the definition of "Eligible Retiree" and "Years of Service" within the plan document to attract and retain regular at-will employees who have significant years of service in CalPERS in another public agency or in a 1937 County Retirement Act pension system, to be retroactive to July 1, 2005.

Financial Implications: See report

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

10. Contract:  Retiree Medical Plan Actuarial Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Milliman, Inc. in an amount not to exceed $30,000 for actuarial services of the miscellaneous employees Retiree Health Premium Assistance Plan, the Berkeley Fire Fighters Association retiree medical benefit and the Berkeley Police Association retiree medical benefit for the period of September 25, 2006 through June 30, 2007.

Financial Implications: Payroll Deduction Trust Fund - $30,000

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

11. Vacation Accrual for Library Executive Management

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,777- N.S, the Unrepresented Employee Manual, (Article 13.08.02 -Vacation Schedules) to permit the Director of Library Services and the Deputy Director of Library Services to accrue vacation leave at a higher rate.

Financial Implications: See report

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

12. Grant:  Department of Alcoholic Beverage Control

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to 1) execute a grant contract, and any amendments, with the State of California in order to accept $84,300 in Department of Alcoholic Beverage Control (ABC) Grant funding and, 2) appropriate these funds for the enforcement of laws prohibiting alcohol to minors, persons under the age of 21 possessing alcohol, as well as other alcohol related crimes.

Financial Implications: ABC Grant Fund -  $84,300

Contact: Douglas Hambleton, Chief of Police, 981-5750

13. Contract: Sanitary Sewer Project

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Shattuck Avenue, Tremont Street, 62nd Street, 63rd Street, Martin Luther King, Jr. Way, Adeline Street, and Parnassus Road backline; accepting the bid of Pacific Trenchless, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $908,930 for a period of 220 days from the date of the execution of the contract.

Financial Implications:Sanitary Sewer Fund - $908,930

Contact: Claudette Ford, Public Works, 981-6300

14. Funding for UC/CSU Host Cities Conference on Housing and Transportation (PDF, 121 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution approving the expenditure of $750 in FY07 funds from the Mayor’s Office budget for co-sponsorship of the UC-CSU Host Cities joint conference with the campuses - “Bridging the Town-Gown Divide: Issues in Transportation and Housing” to be held on October 12, 2006 at UC Davis.

Financial Implications:Mayor’s Office - $750

Contact: Tom Bates, Mayor, 981-7100

15. PG&E-YMCA Teen Center (PDF, 121 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution supporting the proposed partnership between PG&E and the Berkeley-Albany YMCA to transform PG&E’s vacant building on the corner of Center Street and Martin Luther King, Jr. Way into a Teen Center.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

16. Support of Lt. Watada’s Refusal to Fight in Iraq (PDF, 90 KB)

From: Councilmember Spring

Recommendation: Adopt a Resolution supporting Lt. Ehren Watada’s refusal to fight in Iraq; forwarding the resolution to our federally elected officials; and issuing a press release of Council’s action to the major national and local media.

Financial Implications: None

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

17. Economic Development Quarterly Reports And Work Sessions (PDF, 63 KB)

From: Councilmember Worthington

Recommendation: Refer to the City Manager to 1) develop Economic Development Quarterly Reports that detail important economic details for the City, including job creation, unemployment statistics, sales tax revenue by business district, and retail vacancy rates; and 2) for one year, schedule quarterly work sessions to discuss these reports.

Financial Implications: None

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

18. Introduction To The ASUC Officers Of 2006-2007 (PDF, 62 KB)

From: Councilmember Worthington

Recommendation: Reserve five minutes on September 26, 2006 during the ceremonial items to introduce the ASUC Officers of 2006-2007.

Financial Implications: None

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

19. Funding For A Campus Neighborhood Watch Program (PDF, 68 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution committing matching funding of $7,500 to support the Cal Campus Neighborhood Watch Program.

Financial Implications: $7,500

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

20. Support Proposition 84: Water Quality, Flood Control, And Natural Resource Protection Bond (PDF, 76 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 84, which through a  $5.4 billion bond, would fund projects related to safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and water conservation efforts.

Financial Implications: None

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

21. Support Proposition 86: Tax on Cigarettes for Health Services (PDF, 77 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 86, which would impose an additional 13 cents on each cigarette which will provide funding to qualified emergency medical services.

Financial Implications: None

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

22. Support Proposition 87: Alternative Energy Research Tax On California Oil (PDF, 77 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 87,which would establish a program to reduce oil and gas usage with research and production incentives for alternative energy.

Financial Implications: None

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

23. Contract: Case Management Services - University Avenue Homes

From: Homeless Commission

Recommendation: Adopt a Resolution supporting the Council's recommendation to allocate an additional $21,000 for Lifelong Medical Care's Supportive Housing Program to provide case management services at University Avenue (UA) Homes and authorizing an amendment to the contract, increasing the amount by $21,000 for a total not to exceed $937,631 for the period July 1, 2005 through June 30, 2007.

Financial Implications: General Fund - $21,000

Contact: Jane Micallef, Secretary, Homeless Commission 981-5426

24. Appointments to the Mental Health Commission (PDF, 150 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution re-appointing Michael Diehl (General Public Interest) and Howard King (General Public Interest) to three year terms beginning September 19, 2006 and ending September 18, 2009; reappointing Sandi Harrington (Special Public Interest) to her term ending June 22, 2008; reappointing Artensia Barry (Special Public Interest) to her term ending October 21, 2006 and reappointing her for another three-year term beginning October 22, 2006 and ending October 21, 2009 on the Mental Health Commission.

Financial Implications: None

Contact: Carol Patterson, Secretary, Mental Health Commission, 981-5217

25. BPD Mutual Aid Agreements, Understandings and Policies, 2005 Publication (PDF, 140 KB)

From: Police Review Commission

Recommendation: Adopt a Resolution approving the Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies, 2005 Publication pursuant to Ordinance No. 4640-N.S.

Financial Implications: None

Contact: Victoria Urbi, Secretary, Police Review Commission, 981-4960

Action Calendar – Public Hearing

26. 1201 San Pablo Avenue / 1100 Harrison Street

a.  Supplemental Report (July 18, 2006)

From: City Manager

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

b.  From: City Manager

Recommendation: Conduct a Public Hearing and upon conclusion, 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

c.   Appeal

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

d.  Communications

1.      James E. Hart

2.      1201 San Pablo Appellants

3.      Stephen Wollmer

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

27. BAPAC Proposals Concerning Additional Alcohol Regulations

From: City Manager

Recommendation: Refer to the Planning Commission amendments to Berkeley Municipal Code (BMC) sections 23B.20.010 and 23C.04.030 and chapters 23B.60 and 23B.64 and provide any additional policy directions regarding Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposals concerning additional alcohol regulations.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

28. Proposition 90:  Development Standards related to Density Bonuses

From:  City Manager

Recommendation: Discussion on options and recommendations from Joint Subcommittee on Density Bonus to adopt first reading of an ordinance amending Title 23.E related to density bonus for mixed used and multi-family residential projects in commercial districts.

Financial Implications: See report

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

29. Proposition 90: Major Residential Additions

From: City Manager

Recommendation:  Discussion on options and recommendations to adopt first reading of an ordinance amending Title 23 to: 1) create new height limits for residential additions; 2) alter the definition of major residential additions; 3) alter the calculation of maximum height; 4) limit the dimensions for roof appendages; and 5) create a definition for dormers.

Financial Implications: See report

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

30. Street Sweeping Program

a.   From: Public Works Commission

Recommendation: The following recommendations are made in response to Council's request for advice on an implementation program for city-wide residential street sweeping: a) The regular residential city-wide street sweeping policy adopted a decade ago be implemented in several stages.   b) The first phase to be reintegration of exempted or opt-out blocks into existing routes where possible.  c) This first phase be preceded by a press release stressing the necessity for expanding sweeping of streets and by written notification to residents of blocks affected.   d) The City begins to look for funds to achieve further expansion which will require additional employees and equipment.

Financial Implications: See report

Contact: Jeff Egeberg, Secretary, Public Works Commission, 981-6400

 

b.   From: City Manager

Recommendation: It is recommended that staff be given until January, 2007 to fully analyze the financial and operational impacts of the expanded street sweeping proposed by the Public Works Commission (PWC).

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Information Reports

31. Fee Deferral: Oxford Plaza and David Brower Center, 2200 Oxford Street

From: City Manager

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

32. Impacts of Proposition 90

From:  City Manager

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

33. Landmarks Preservation Commission – Notice Of Decision: 2411 Fifth Street- Structure of Merit Designation

From: City Manager

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

34. Landmarks Preservation Commission – Notice Of Decision: 1350 Fourth Street - Structural Alteration Permit

From: City Manager

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

35. Landmarks Preservation Commission – Notice Of Decisions: 1) 2947-53 College Avenue (Landmark) 2) 2988-2992 Adeline Street (Structure of Merit)

From: City Manager

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

36. Landmarks Preservation Commission – Notice Of Decision: 1770 La Loma Avenue (Landmark)

From: City Manager

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

37. UC Berkeley Memorial Stadium Nomination to National Register of Historic Places -Response by Landmarks Preservation Commission (LPC)

From: City Manager

Contact: Dan Marks, Planning and 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