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on the linked agenda item titles below for background materials/reports.
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~~~~~~~~~~~~~~~~~~~~~
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.
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.
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.
FY 2007 Annual Appropriations Ordinance
(PDF, 287 KB) (First reading July 11,
2006 Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance adopting the FY 2007 Annual
Appropriations Ordinance (AAO) in the
amount of $350,740,656 (gross) and $296,087,062 (net).
Financial Implications: See Report
Contact: Tracy Vesely, City Manager's Office, 981-7000
2.
Standard Placards to Indicate the Condition of a Structure for
Continued Occupancy (PDF, 78 KB)
(First reading July 11,
2006 Unanimous)
From:
City Manager
Recommendation:
Adopt second reading
of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Section
19.28.050, to authorize the posting of
standard placards specifying the suitability of a structure for continued occupancy following a hazard
event, such as earthquake, flood, wind storm or fire.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
3.
Parking Exemptions for City CarShare Vehicles Used for City
Business (PDF, 69 KB) (First reading July 11, 2006 Unanimous)
From:
City Manager
Recommendation:
Adopt second reading
of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Section
14.08.060 to correct administrative errors.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
4.
Pay-and-Display Dispensing Machine Ticket Display
Guidelines (PDF, 80 KB)
(First reading July 11, 2006 Unanimous)
From:
City Manager
Recommendation:
Adopt second reading
of an Ordinance amending Berkeley Municipal Code Section 14.52.040, Operational
procedure to be followed, and Section 14.52.050, to change the operational
procedures for displaying the pay-and-display dispensing machine ticket (DMT).
Financial Implications: See report
Contact: Claudette R. Ford, Public Works, 981-6300
5. Landmarks Preservation and Zoning Ordinances
(PDF, 281 KB) (First reading July 11,
2006 Noes Olds, Worthington; Abstain Spring)
From: City Manager
Recommendation:: 1) Adopt second reading of an Ordinance revising the Citys Landmarks
Preservation Ordinance (Berkeley Municipal Code (BMC) Chapter 3.24; 2) Adopt
second reading of associated amendments to the Zoning Ordinance (BMC Title 23);
and 3) Repeal BMC Chapter 19.20 related to suspension and review of permits to
demolish non-residential buildings over 40 years old.
Financial Implications:
Contact: Dan Marks, Planning and Development, 981-7400
6. Contract: Legislative Representation Services
(PDF, 226 KB)
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
7.
South Berkeley Revolving Loan Fund Certification
(PDF, 145 KB)
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
8.
Formal Bid Solicitations and Request for Proposals
(PDF, 212 KB)
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
9.
Purchase Order: Office Supplies
(PDF, 149 KB)
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
10.
Combating Alcohol and Other Drug Problems
(PDF, 455 KB)
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
11. Contract: Legal
Advisory Services (PDF, 140 KB)
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
12. Contract: Supplementary Retirement and Income Plan Self
Directed Investment Account Third Party Administrator (PDF, 155
KB)
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
13.
Donation: Aquatics
Equipment (PDF, 143 KB)
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
14. Off-street Parking in Required Yards on Residential Lots
(PDF, 191 KB)
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
15. Purchase Order: Telephone Directory Advertising
(PDF, 162 KB)
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
16. Contract: FY 2006 Curb Ramp Installation Project
(PDF, 202 KB)
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
17.
Contract: Transit Benefits Program Administrator
(PDF, 155 KB)
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
18. Lease: 2434 Durant
Avenue (PDF, 2 MB)
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
19. Lease: 2432 Durant Avenue
(PDF, 2 MB)
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
20. Contract: On-Call Traffic Engineering Services
(PDF, 141 KB)
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
21.
Contract: Security Guard Services
(PDF, 256 KB)
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
22.
Final Tract Map 7696:
1406 San Pablo Avenue (PDF, 79 KB)
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.
Financial Implications: See report
Contact: Claudette R. Ford, Public Works, 981-6300
23.
Speed Limit Reductions on Claremont Ave and Eastshore Highway
(PDF, 163 KB)
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
24. 1201 San Pablo Avenue / 1100 Harrison Street
a. From: City Manager
(PDF, 34 MB)
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. (PDF, 965 KB)
c. Communications
1. James E. Hart
(PDF, 290 KB)
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
25.
Telegraph Property And Business Improvement District
(PDF, 1 MB)
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
26.
In-Lieu Fees for Inclusionary Condominium Units
(PDF, 1 MB)
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
27. Transportation Services Fee (CF 69-01)
a. From: City Manager
(PDF, 364 KB) (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 Citys 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
(PDF, 512 KB)
2.
Fact Sheet
(PDF, 227 KB)
3.
Nelson/Nygaard Consulting Associates
(PDF, 1 MB)
Contact: Claudette R. Ford, Public Works, 981-6300
c. From: Transportation
Commission (PDF, 51 KB) (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 (PDF, 175 KB)
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
28.
Implementation of Council Expense Reimbursement Policy Under
AB 1234 (PDF, 249 KB) (held
over from July 11, 2006)
From: City
Manager
Recommendation: Adopt two revised Resolutions to: 1) Establish a policy on expenditures
and reimbursement for Mayor and Council expenses to conform to the City Charter
and a new state law (AB 1234); and 2) Establish a policy governing
reimbursement of expenses by City boards and commissions as is also required by
AB 1234.
Fiscal Implications: See report
Contact:
Manuela Albuquerque, City Attorney, 981-6950
Action
Calendar New Business
29. Worker Retention
(PDF, 48 KB) (to be delivered)
From: City Manager
Recommendation: Adopt first reading of an Ordinance to establish a requirement that
whenever there is an ownership change in a business entity of specified
employers within the Marina Zone, the successor entity must retain specified
employees for at least ninety days.
Financial Implications: See report.
Contact: Manuela Albuquerque, City Attorney, 981-6950
30. Voting Delegates-League of California Cities
(PDF, 306 KB)
From:
City Manager
Recommendation:
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, 981-7000
31.
Ballot Measure: Impeachment of President Bush and Vice
President Cheney (PDF, 178 KB)
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
32.
Ballot Measure: Greenhouse Gas Emissions
(PDF, 178 KB)
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
33. Ballot Measure: Warm
Water Pool (PDF, 207 KB) (to be
delivered)
From: City Manager
Recommendation: Discuss options to provide
funding needed to build a new warm water pool, including putting a measure on
the ballot for a future special election or certificates of participation.
Financial Implications:
See report.
Contact: Phil
Kamlarz, City Manager, 981-7000
34. Ballot Measure: Conversion of Rental Units to Condominiums
(PDF, 103 KB)
From: Councilmember Spring
Recommendation: Consider placing a Council
approved Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.050 to
allow conversion of rental units to condominiums with payment of an affordable
housing mitigation fee and protection of sitting tenants on the November
ballot. .
Financial Implications: None
Contact:
Dona Spring, Councilmember
District 4, 981-7140
35. Conversion of Rental Units to
Condominiums (PDF, 123 KB)
From: Councilmembers
Worthington and Anderson
Recommendation: Adopt first reading of an
Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.050 prohibiting
the conversion of rental units to condominiums for five years for specific
terminations of tenancy and requiring notice to tenants regarding their rights
before a request for allocation is filed with the City.
Financial Implications:
None
