Regular Meeting eSummary
May 16
, 2006

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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Summary

BERKELEY CITY COUNCIL MEETING

Tuesday, May 16, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
 

Preliminary Matters

Roll Call:  7:06 p.m. All present.

Ceremonial Matters:

1.   Proclamation declaring the week of May 21-27, 2006, as National Public Works Week

2.      Proclamation recognizing the Y Scholars Program at the Downtown Berkeley YMCA

3.      Proclamation presented to Maybelle Lester for her 95th birthday

City Manager Comments:  The third annual Mental Health Month celebration will be held on Saturday, May 20th from 12:00 to 4:00 p.m. at the North Berkeley Senior Center at 1901 Hearst Avenue.

Public Comment:  22 speakers.

Youth Comments:  No speakers.

 

Consent Calendar

Action:  Moved, seconded, carried (Maio/Worthington) to adopt the Consent Calendar in one motion except as indicated:

1.   Lease: 1767 Alcatraz Avenue (PDF, 106 KB) (First reading April 25, 2006 – Unanimous. Absent-Anderson)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the South Berkeley Neighborhood Development Corporation for real property located at 1767 Alcatraz Avenue in an amount not to exceed $31,710, for the purpose of leasing office space for the Black Infant Health Program for the period July 1, 2006 to June 30, 2007 with an option to extend for an additional two year period.

Financial Implications: Health General Fund - $31,710

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

Action:  Adopted Ordinance No. 6,915–N.S. (PDF, 370 KB)  Effective June 15, 2006.

2.   Parking Exemptions for City CarShare Vehicles Used for City Business (PDF, 64 KB) (First reading April 25, 2006 – Unanimous. Absent – Anderson)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.08.060 to exempt City CarShare vehicles used by City of Berkeley employees for City business from City laws relating to parking and standing of vehicles in the same manner as E plates.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Ordinance No. 6,916–N.S. (PDF, 86 KB)  Effective June 15, 2006.

3.   Amendment to FY 2006 Annual Appropriations Ordinance (PDF, 51 KB) (First reading April 18, 2006 – Unanimous; Second reading April 25, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the FY 2006 Annual Appropriations Ordinance No. 6,862-N.S. for FY 2006 based upon recommended re-appropriation of committed FY 2005 funding and other adjustments authorized since July 1, 2005, in the amount of $8,018,918 (gross) and $7,393,620 (net).

Financial Implications: See Report

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Withdrawn by City Manager.  Second reading previously adopted on April 25, 2006.

4.   Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (PDF, 155 KB) (First reading April 18, 2006 – Unanimous )

From: City Manager

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property.

Financial Implications: $225,182 annually

Contact: Claudette Ford, Public Works, 981-6300

Action:  Withdrawn by City Manager.  Second reading previously adopted on April 25, 2006.

5.   Revising the 2006 City Council Meeting Schedule (PDF, 253 KB)

From: City Manager

Recommendation: Adopt a Resolution revising the Council Meeting Schedule for 2006 to add a regular meeting on June 27, 2006 and rescinding Resolution 63,072–N.S.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,282–N.S. (PDF, 150 KB)

6.   Extension of Voluntary Time Off Program for FY 2007 (PDF, 194 KB)

From: City Manager

Recommendation: Adopt a Resolution designating Voluntary Time Off days in FY 2007 and authorizing the City Manager to temporarily close certain City offices and non-essential services for those days.

Financial Implications: $300,000 Savings

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,283–N.S. (PDF, 57 KB)

7.   Adopting of Findings Imposing Special Assessment Lien on 2946 Harper Street (PDF, 146 KB)

From: City Manager

Recommendation: Adopt a Resolution imposing a special assessment lien of $59,600 on 2946 Harper Street by the same votes that the Council acted on April 25, 2006.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 63,284–N.S. (PDF, 226 KB)

8.   Ballot Measure: Gilman Street Playing Fields Waterfront Specific Plan Amendments (PDF, 128 KB)

From: City Manager

Recommendation: Approve text of proposed Resolution adopting Waterfront Specific Plan Amendments to be submitted for voter approval, its ballot title, and City Attorney's Analysis.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Approved recommendation.

9.   Ordinance Amendment: Business License Administrative Appeal (PDF, 73 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 9.04.085.G, regarding the business license administrative appeal process.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted first reading of Ordinance. Second reading scheduled for May 23, 2006.

10. Follow-up Cash Receipts / Cash Handling Audit (PDF, 273 KB)

From: Auditor

Recommendation: Request the City Manager to report back by May 16, 2007, and every twelve months thereafter, regarding the implementation status of each audit recommendation in Follow-up Cash Receipts / Cash Handling Audit, until each recommendation is reported as fully implemented.

Financial Implications: See report

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Action:  Approved recommendation.

11. Delayed Implementation of Audit Recommendations (PDF, 141 KB)

From: Auditor

Recommendation: Request the City Manager continue to report back to Council regarding the causes and effects of unimplemented audit recommendations, and the potential costs and timelines for resolving them.

Financial Implications: See report

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Action:  Approved recommendation.

12. Formal Bid Solicitations and Request for Proposals (PDF, 217 KB)

From: City Manager

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

Financial Implications: Various Funds - $623,018

Contact: Fran David, Finance, 981-7300

Action:  Approved recommendation.

13. Donation from PG&E to Berkeley Fire Department (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation of $3,000 from Pacific Gas and Electric Company (PG&E) to the Berkeley Fire Department for the purchase of 200 "Wind Up" radios with flashlights.

Financial Implications: General Fund - $3,000

Contact: Debra Pryor, Fire and Emergency Services, 981-5500

Action:  Adopted Resolution No. 63,285–N.S. (PDF, 34 KB)

14. Grant: Reduce Childhood Obesity (PDF, 136 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the Robert Wood Johnson Foundation in the amount of $45,000 to develop and implement a project to reduce childhood obesity through intergenerational programming; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of the funding for related expenses, subject to securing the grant.

Financial Implications: Community Health Fund - $45,000 revenue

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

Action:  Adopted Resolution No. 63,286–N.S. (PDF, 115 KB)

15. Contract: Shelter Plus Care and the County of Alameda (PDF, 150 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal contract with the County of Alameda for Shelter Plus Care funds in the amount of $218,652, to provide tenant-based rental assistance for people living with HIV/AIDS for the period February 1, 2006 through January 31, 2007.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,287–N.S. (PDF, 46 KB)

16. Grants: Shelter Plus Care Renewals (PDF, 153 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager: 1) to accept grant awards from the U.S. Department of Housing and Urban Development to renew two Shelter Plus Care grants, one for the amount of $1,954,452 for tenant-based rental assistance for the period May 24, 2006 through May 23, 2007, and the other for the amount of $115,068 for sponsor-based rental assistance for the Shelter Plus Care Pathways Project for the period June 1, 2006 through May 31, 2007; and 2) to include $59,048 of these funds in contracts executed with the following community agencies for the provision of services beginning July 1, 2006 through June 30, 2007:  Berkeley Food and Housing Project in the amount of $16,000; Bonita House, Inc. in the amount of $3,000; Building Opportunities for Self-Sufficiency in the amount of $16,000; Coalition for Alternatives in Mental Health in the amount of $3,000; the Homeless Action Center in the amount of $10,048; Lifelong Medical Care in the amount of $5,000; Rubicon Programs in the amount of $3,000; and, the Women’s Daytime Drop-In Center in the amount of $3,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,288–N.S. (PDF, 126 KB)

17. Grant: Application for a New Shelter Plus Care Grant (PDF, 143 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the U.S. Department of Housing and Urban Development in the amount of $795,300 for a five-year contract to provide tenant-based rental assistance through the Shelter Plus Care Program, and execute any resultant agreements.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400 and Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 63,289–N.S. (PDF, 37 KB)

18. Purchase Order: Friendly Cab (PDF, 143 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase for Friendly Cab in an amount not to exceed $120,000 for taxicab rides provided to eligible paratransit passengers from the period July 1, 2005 through June 30, 2007.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,290–N.S. (PDF, 115 KB)

19. Supplemental Military Leave Compensation Policy (PDF, 151 KB)

From: City Manager

Recommendation: Adopt a Resolution modifying the City’s supplemental military leave compensation benefit to May 31, 2007 to provide a salary supplement for an aggregate of 24-months that must be taken within 36-months for employees called for active military service and rescind Resolution No. 62,648–N.S.

Financial Implications: General Fund and Sanitary Sewer Fund - $90,000

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

Action:  Adopted Resolution No. 63,291–N.S. (PDF, 159 KB)

20. Unrepresented Employee Manual-Supplemental Retirement Plan (PDF, 159 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,777–N.S, the Unrepresented Employee Manual, to include the previously approved City of Berkeley Supplemental Retirement Plan to unrepresented career benefited and regular at-will employees.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,292–N.S. (PDF, 127 KB)

21. Contract: Hanson Bridgett Marcus Vlahos Rudy LLP (PDF, 153 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments to Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter “Hanson Bridgett”) in an amount not to exceed $25,000 for legal services pertaining to federal and state tax issues for the period of January 1, 2006 through December 31, 2006.

Financial Implications: General Fund - $25,000

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

Action:  Adopted Resolution No. 63,293–N.S. (PDF, 102 KB)

22. Amendment to Inclusionary Housing Ordinance (PDF, 256 KB)

From: City Manager

Recommendation: Adopt first reading of Ordinance to amend: Berkeley Municipal Code (BMC) Sections 23C.12.070 and 23.12.090 to revise: Section 23C.12.070.A, inclusionary unit pricing requirements for ownership projects; Section 23C.12.070.D resale restriction pricing requirements; and 23C.12.090, to authorize the City Manager to issue regulations governing price setting and qualifying households.

Financial Implications: None

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

Action:  Removed from Consent by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Wozniak) a motion to combine with item number 46 and approve.  Adopted first reading of Ordinance.  Second reading scheduled for May 23, 2006.

23. Contract: Installation of Thermoplastic Roadway Markings (PDF, 152 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year, on-call contract and any amendments in an amount not to exceed $1,200,000 for the period of June 1, 2006 through May 31, 2009 to Chrisp Company to provide and install thermoplastic roadway markings on City streets. The contract amount for this fiscal year is $400,000 based on available funds and the bid documents submitted by Chrisp Company.

Financial Implications: Capital Fund - $400,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,294–N.S. (PDF, 106 KB)

24. Contract: On-Call General Survey Services (PDF, 144 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with: 1) Logan Surveying, Inc., in an amount not to exceed $250,000; 2) BKF Engineers in an amount not to exceed $250,000; and 3) Sandis Civil Engineers Surveyors Planners in an amount not to exceed $250,000, to provide on-call general survey services for various Public Works projects and requests from other departments for a period of three years from July 1, 2006 through June 30,2009 for a total amount not to exceed $750,000.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,295–N.S. (PDF, 122 KB)

25. Participation in Alameda County Climate Protection Project and Inventory of Emissions (PDF, 285 KB)

From: Mayor Bates

Recommendation: Join the Alameda County Climate Protection Project to update our greenhouse gas emissions inventory, set new emissions reductions target, and create a template local climate action plan to achieve those targets.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

26. Lifting of the Honda Boycott (PDF, 640 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution rescinding Resolution No. 62,986–N.S to lift the boycott against Berkeley Honda and strongly encourage the community to return its business to the dealership and service facility.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action:  Adopted Resolution No. 63,296–N.S. (PDF, 35 KB)

27. Support for Development of North Shattuck Plaza (PDF, 294 KB)

From: Councilmembers Capitelli and Spring-

Recommendation: Adopt a Resolution: 1) reaffirming the City Council's support, in concept, for the North Shattuck Plaza Project; 2) acknowledging support for the fundraising efforts of the North Shattuck Plaza, Inc.; and 3) granting the North Shattuck Plaza, Inc. permission to include the Berkeley City Council as project supporters in their promotional literature.

Financial Implications: None

Contacts: Laurie Capitelli, Councilmember District 5, 981-7155 and Dona Spring, Councilmember District 4, 981-7140

Action:  Adopted Resolution No. 63,297–N.S. (PDF, 100 KB)

28. Budget Referral: Funding of $50,000 for the Berkeley Boosters (PDF, 94 KB)

From: Councilmembers Moore and Wozniak

Recommendation: Refer the following to the budget process: a one-time request for $50,000 to be used to help fund the Berkeley Boosters/Police Activities League through FY 2007 in order to fulfill its core historical mission.

Financial Implications: $50,000

Contacts: Darryl Moore, Councilmember District 2, 981-7122; Gordon Wozniak, Councilmember District 8, 981-7180

Action:  Approved recommendation as amended by Councilmember Moore to eliminate the word “one-time”.

29. Support Security Officers Right to Unionize and Bargain Collectively (PDF, 98 KB)

From: Councilmembers Worthington, Moore and Anderson

Recommendation: Adopt a Resolution to support security officers' fundamental right to unionize and bargain collectively.

Financial Implications: None

Contacts: Kriss Worthington, Councilmember District 7, 981-7170; Darryl Moore, Councilmember District 2 981-7120; and Max Anderson, Councilmember District 3, 981-7133

Action:  Adopted Resolution No. 63,298–N.S. (PDF, 132 KB)

30. Support AB 2420 – Asian Pacific Islander Data Categories (PDF, 110 KB)

From: Councilmember Worthington

Recommendation: Support Assembly Bill 2420 which would ensure that state-collected data is disaggregated into additional Asian Pacific Islander ethnic groups, as currently reported by the U.S. Census.

Financial Implications: None

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

Action:  Approved recommendation.

31. Support AB2927 - A Stronger California Public Records Act (PDF, 62 KB)

From: Councilmember Worthington

Recommendation: Support Assembly Bill 2927 which would require that all state agency-run web sites would include on the homepage information about how to contact the agency and how to request public records.

Financial Implications: None

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

Action: Approved recommendation.

32. Proclamation: Asian Pacific Islander Month (PDF, 62 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation designating May as Asian Pacific Islander American Heritage Month (language amended from California State Assembly Concurrent Resolution as adopted annually.)

Financial Implications: None

Contact: Kriss Worthington, Councilmember District 7, 981-7100

Action:  Approved proclamation.

33. Proclamation: Honoring June 3-4, 2006 as Berkeley World Music Weekend (PDF, 90 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation designating June 3-4, 2006, as Berkeley World Music Weekend.

Financial Implications: None

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

Action:  Approved proclamation.

34. Budget Referral: Reinstatement of the Community Health and Safety Team and Restoration of Two Bike Patrol Officers (PDF, 63 KB)

From: Councilmembers Worthington

Recommendation: Refer the restoration of the Telegraph Area Community Health and Safety Team and Two Bike Patrol Officers.

Financial Implications: $324,000

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

Action:  Removed from Consent by Councilmember Olds.  Moved, seconded, carried (Olds/Worthington) a motion to approve the recommendation.

35. Proposition 82: Preschool for All Act (PDF, 161 KB)

a.   From: Commission on Early Childhood Education

Recommendation: Adopt a Resolution supporting Proposition 82, Preschool for All, which would establish a right to voluntary public preschool education for four-year old children and solicit feedback from the Commission on issues specific to the City of Berkeley.

Financial Implications: None

Contact: Angelique De Coud, Secretary, 981-5428

b.   From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,299–N.S. (PDF, 97 KB)

Action Calendar – Worksession

36. Condominium Ordinance Work Session (PDF, 457 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action:  Presentation made and discussion held.

Action Calendar

37.  Ordinance Amendment: Condominium Conversion - Continuation of the Affordable Housing Mitigation Fee

a.   From: City Manager (PDF, 195 KB)

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 21.28.065.B.1, Condominium Conversion Ordinance, to continue the limit on the affordable housing mitigation fee at 12.5% of sales price and repealing the sunset on that limitation. 

Financial Implications: Unknown

Contact: Stephen Barton, Housing, 981-5400

b. From: Housing Advisory Commission (PDF, 157 KB)

Recommendation: The Housing Advisory Commission recommends the City Council take the following actions relating to amendment of the Condominium Conversion Ordinance (BMC Chapter 21.28 et seq):

1.      Explore doing a vacancy survey of the Berkeley rental housing market. Commissioner Coulter offered a friendly amendment, accepted by Commissioner Chacin, that the City Council look at the costs and benefits of having a vacancy report completed. (M/S Chacin/Coulter. VOTE: Unanimous.)

2.      Request the City Manager create a letter and package of forms and notices to implement Alternative C2 from the City Manager’s report addressing owner notification of tenants about the provisions of the condominium conversion ordinance. (M/S Arreguin/Coulter. VOTE: Unanimous.)

3.      Recommend Alternative B2 of the City Manager’s report to the City Council to allow a discount for fees that are paid at the time the subdivision map is filed rather than waiting until the sale of the units. (M/S St. John/Arreguin. VOTE: AYES: Arreguin, Bowman, Chacin, Smith, St. John. NOES: Coulter, Dunner, Chair Lorentz, Thomson-Story.)

4.      Recommend Alternative C1 of the City Manager’s report to the City Council that would set a time limit on notices of selection to allow two years from the time of the notice of selection, with a one-year extension at the discretion of the City Manager or his designee. (M/S Bowman/Smith VOTE: AYES: Arreguin, Bowman, Chacin, Coulter, Dunner, Smith, Thomson-Story. NOES: Chair Lorentz. ABSTAIN: St. John.)

Financial Implications: See report

Cont