Action: Moved, seconded, carried
(Maio/Worthington) to adopt Consent Calendar in one motion except as indicated:
1. Worker Retention
(PDF, 83 KB) (First reading July 18, 2006. Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance adding a new chapter to the Berkeley Municipal
Code (BMC) Chapter 13.25 entitled “Marina Zone Worker Retention Ordinance” to
establish a requirement that upon a transfer of ownership, specified employers
within the public trust tidelands, may only terminate employees for cause for
90 days.
Financial
Implications: See report.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
Action:
Adopted Ordinance No. 6,941–N.S.
(PDF, 222 KB) Effective August 24, 2006.
2.
Landmarks Preservation and Zoning Ordinances
(PDF, 214 KB) (First reading July 18,
2006 – Noes –Worthington; Abstain – Spring, Olds)
From: City Manager
Recommendation:
1) Adopt second
reading of an Ordinance revising the City’s Landmarks Preservation Ordinance
(Berkeley Municipal Code (BMC) Chapter 3.24. with an effective date of November
1, 2006.
Financial
Implications: See
report
Contact: Dan Marks, Planning and Development, 981-7400
Action:
Removed from the Consent Calendar by Mayor Bates. Moved, seconded, carried (Worthington/Maio) to withdraw this
item from the agenda and to not move forward with a second reading at this
time.
3. Off-street Parking in Required Yards on Residential Lots
(PDF, 71 KB) (First
reading July 18, 2006. Noes – Spring,
Worthington; Abstain – Anderson; Absent – Olds)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Berkeley
Municipal Code (BMC) Title 23 to: 1) allow by-right one new parking space within a
required interior 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, street-side side yards, 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
Action: Adopted Ordinance No. 6,942–N.S.
(PDF, 153 KB) (Noes – Olds,
Spring, Worthington; Abstain – Anderson)
Effective August 24, 2006.
4. Lease:
2434 Durant
Avenue (PDF, 2 MB) (First
reading July 18, 2006. Unanimous)
From: City Manager
Recommendation: Adopt second 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
Action:
Adopted Ordinance No. 6,943–N.S.
(PDF, 3 MB) Effective August 24, 2006.
5. Lease: 2432 Durant Avenue
(PDF, 2 MB) (First reading July 18, 2006. Unanimous)
From: City Manager
Recommendation: Adopt
second 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
Action:
Adopted Ordinance No. 6,944–N.S.
(PDF, 3 MB) Effective August 24, 2006.
6.
Speed Limit Reductions on Claremont Ave and Eastshore Highway
(PDF, 69 KB) (First reading July 18,
2006. Unanimous)
From: City
Manager
Recommendation:
Adopt second 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
Action:
Adopted Ordinance No. 6,945–N.S.
(PDF, 57 KB) Effective August 24, 2006.
7.
In-Lieu Fees for Inclusionary Condominium Units
(PDF, 71 KB) (First reading July 18,
2006. Unanimous)
From: City Manager
Recommendation:
Adopt second 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
Action: Adopted Ordinance No. 6,946–N.S.
(PDF, 118 KB) Effective August 24, 2006.
8.
Conversion of Rental Units to Condominiums
(PDF, 66 KB) (First
reading July 18, 2006. Unanimous)
From: Councilmembers
Worthington and Anderson
Recommendation: Adopt second 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
Contact:
Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson,
Councilmember District 3, 981-7130
Action: Adopted Ordinance No. 6,947 –N.S.
(PDF, 100 KB) Effective August 24, 2006.
9. Minutes for Approval
(PDF, 1 MB)
Recommendation: Approve the minutes for
the Council meetings of May 30, 2006 (special), June 7, 2006 (closed), June 12,
2006 (closed), June 13, 2006 (special and regular), June 20, 2006 (regular), June
27, 2006 (regular), June 30, 2006 (special), and July 11, 2006 (special and
regular).
Financial Implications: None
Contact:
Sherry M. Kelly, Acting City Clerk, 981-6900
Action: Approved
minutes with revisions to minutes of June 27, 2006 and July 11, 2006.
10. Appointment of Director of Public Works
(PDF, 142 KB)
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
Action: Adopted
Resolution No. 63,397–N.S.
(PDF, 61 KB)
11. Contract: Berkeley Alliance
(PDF, 283 KB)
From: City
Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Berkeley Alliance to provide administrative support and project services for a
partnership endeavor with the Berkeley Unified School District (BUSD) and UC
Berkeley in an amount not to exceed $72,800 for the period July 1, 2006 through
June 30, 2007.
Financial
Implications: See report.
Contact: Arrietta Chakos, City Manager, 981-7000
Action: Adopted Resolution No. 63,398–N.S.
(PDF, 57 KB)
12. Contract: Artwork for Maudelle Shirek Mural
(PDF, 171 KB)
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
Action: Adopted Resolution No. 63,399–N.S.
(PDF, 135 KB)
13. Agreement: Community Relationship Management Software (to be
delivered)
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
Action: Item not received. Withdrawn by the City Manager.
14. Grant: Mental Health Services
(PDF, 205 KB)
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
Action: Adopted Resolution No. 63,400–N.S.
(PDF, 68 KB)
15. Contract: Mental Health Workforce Development
(PDF, 154 KB)
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
Action: Adopted
Resolution No. 63,401–N.S.
(PDF, 73 KB)
16. Contract: Public Health Trainee
(PDF, 130 KB)
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
Action: Adopted
Resolution No. 63,402–N.S.
(PDF, 62 KB)
17. Amendment to Pre-Development Agreement - Oxford Plaza Housing
Development (PDF, 98 KB) (to
be delivered)
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
Action: Removed
from the Consent Calendar by Councilmember Capitelli. Moved, seconded, carried (Worthington/Maio – Noes: Olds; Abstain
– Capitelli) to adopt Resolution No. 63,403-N.S.
(PDF, 120 KB) approving the use of $800,000
and other approvals and conditions as stated in the staff report and
resolution.
18. Contract: Sustainable Berkeley
(PDF, 203 KB)
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
Berkeley in an amount not to exceed $133,700.
Financial Implications: See report
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 63,404–N.S.
(PDF, 321 KB)
19. Contract: Occupational Health Medical Examinations
(PDF, 141 KB)
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
Action: Adopted Resolution No. 63,405–N.S.
(PDF, 55 KB)
20. Contract: Public Safety Computer System
(PDF, 207 KB)
From: City Manager
Recommendation: 1) Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments with New World Systems, Inc. for a Computer Aided
Dispatch System, Records Management System, and supporting systems and
associated services, for a total amount not to exceed $2,000,000 for the period
September 1, 2006 through June 30, 2008 and 2) Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with Alpine Software
Inc. for Fire Inspection, Inventory, Fire Prevention and other supporting
systems and associated services, for a total amount not to exceed $200,000 for
the period September 1, 2006 through June 30, 2008.
Financial Implications: See report
Contacts:
Douglas Hambleton, Police, 981-5700; Debra Pryor, Fire and Emergency Services,
981-5500; and Chris Mead, Information Technology, 981-6500
Action: Adopted Resolution Nos. 63,406-N.S.
(PDF, 49 KB) and
63,407–N.S.
(PDF, 51 KB)
21.
Contract: Public Safety Computer System Services (PDF, 141 KB)
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 City of Berkeley’s 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
Action: Adopted Resolution No. 63,408–N.S.
(PDF, 43 KB)
22. Contract: Assessment
Engineering Services (PDF, 143 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Harris & Associates for assessment engineering services on the Utility
Underground Assessment District No. 2006-47 (Miller/Stevenson), increasing the
contract amount by $12,000 for a total not to exceed $37,000 and extending the
term through June 30, 2007.
Financial Implications: See report.
Contact: Claudette R. Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,409–N.S.
(PDF, 74 KB)
23. Pavement Markings and Motorcycle Parking on Telegraph Avenue
(PDF, 148 KB)
From: City Manager
Recommendation: Direct the City Manager 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: Claudette R. Ford, Public Works, 981-6300
Action:
Approved recommendation.
24. Oppose Senate Bill 1056: Regulation of Seeds and Nursery
Plants (PDF, 218 KB)
From:
Councilmember Maio
Recommendation:
Adopt a Resolution
opposing SB 1056 which would pre-empt local governments in their ability to
regulate at the local level, seeds and nursery plants.
Financial Implications: None.
Contact: Linda Maio, Councilmember District 1,
981-7110
Action: Adopted
Resolution No. 63,410–N.S. (PDF, 88 KB)
25. Proclamation: Celebration of Americans with Disability Act's
16th Anniversary (PDF, 63 KB)
From:
Councilmembers Worthington and Spring and Mayor Bates
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
Action: Approved proclamation.
26. Support AB 2068:
Workers Right to Continue Physician Predesignation (PDF,
104 KB)
From: Councilmembers Worthington and Moore
Recommendation:
Support AB 2068, which
would allow an employee to be treated by a physician of his or her choice and
at a facility of his or her choice, within a reasonable geographic area,
beginning 30 days after a job-related injury, unless the employer’s insurer has
established a medical provider network.
Financial Implications: None
Contact: Kriss
Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
27. Pilot Residential Parking Program for Southside
(PDF, 94 KB)
From: Councilmembers Worthington
and Wozniak
Recommendation: Refer to the City Manager
the development of a pilot program under which one side of certain streets will
be designated for residential parking only, while the other areas will remain
under the current two-hour parking limit for non-residential permit holders. This pilot program to be implemented between
Dwight Way on the north, Parker Street on the south, College Avenue on the
east, and Telegraph Avenue on the west, with final boundaries, hours and days
of enforcement, and other specifics to be determined with neighborhood
input. If successful in the pilot, the
program may be implemented as needed in any neighborhood impacted by new and
expanding institutions, facilities, and developments.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
28. Oppose Proposition 85: California Constitutional Amendment
requiring Parental Notification for Abortion (PDF, 74 KB)
From: Councilmembers Worthington
and Moore
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:
Approved recommendation.
29. Budget Allocation for Kitchen Democracy
(PDF, 63 KB)
From:
Councilmember Wozniak
Recommendation:
Approve the
expenditure of $3,000 in FY
