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Agenda
Committee Item #4 |
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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
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