Regular Meeting eAgenda
April 18
, 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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 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.
 

Preliminary Matters

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.

Youth Comments: A total of 15 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.

 

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.

1.   Minutes for Approval (PDF, 495 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of March 6, 2006 (closed), March 7,2006 (special and regular) and March 21, 2006 (regular).

Financial Implications: None

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

2.   Amendment to FY 2006 Annual Appropriations Ordinance (PDF, 312 KB)

From: City Manager

Recommendation: Adopt first 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

3.   Marie Williams v. City of Berkeley Settlement (PDF, 142 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 05 211813 entitled Marie Williams v. City of Berkeley in the amount of $22,500.

Financial Implications: Public Liability Fund - $22,500

Contact: Manuela Albuquerque, City Attorney, 981-6950

4.   Formal Bid Solicitations and Request for Proposals (PDF, 192 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various funds - $5,429,000

Contact: Fran David, Finance Department, 981-7300

5.   Targeted Case Management Services - Sliding Scale Payment Schedules (PDF, 168 KB)

From: City Manager

Recommendation: Adopt a Resolution establishing sliding scale payment rate schedules for targeted case management services provided in Seniors Programs.

Financial Implications: See report

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

6.   Extension of the Berkeley Emergency Storm Shelter (PDF, 155 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment of the existing contract with Dorothy Day House to augment funding for the Berkeley Emergency Storm Shelter, increasing the contract amount by $4,000 for a total amount not to exceed $49,888 for the period July 1, 2005 through June 30, 2007.

Financial Implications: General Fund - $4,000

Contact: Stephen Barton, Housing, 981-5400

7.   Classification: Aquatics Facilities Supervisor (PDF, 364 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,807–N.S., Classification/Salary for Service Employees International Union (SEIU) Local 790 employees to add the classification and salary range of Aquatics Facilities Supervisor effective May 1, 2006.

Financial Implications: General Fund - $13,000 (FY 2006); $142,400 (FY 2007)

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

8.   Grant: Land and Water Conservation Fund (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Land and Water Conservation Fund (LWCF) in an amount not to exceed $480,000; to accept the grant; to execute resultant revenue agreements and amendments; and authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

9.   Donation to Replace Bollards at The Circle (PDF, 152 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the donation of funds from the Friends of the Fountain and Walk to replace bollards at The Circle in the amount of $1,685.

Financial Implications: Parks Tax Fund - $1,685 Revenue

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

10. Contract: Design Consulting Services  (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution awarding a sole source contract and any necessary amendments thereto to International Parking Design, Inc., for design consulting services for the Center Street Parking Structure Analysis in an amount not to exceed $150,000 for the period April 1, 2006 through March 31, 2008.

Financial Implications: Off-Street Parking Fund - $150,000

Contact: Claudette R. Ford, Public Works, 981-6300

11. Fee Waiver: Shotgun Players 10th Annual Theater in the Park (PDF, 141 KB)

From: Mayor Bates and Councilmember Anderson

Recommendation: Adopt a resolution waiving the permit fees for the use of John Hinkel Park for 17 dates this summer beginning on July 22 through September 10 for the Shotgun Players 10th Annual Free Theater in the Park series.

Financial Implications: $1275

Contact: Tom Bates, Mayor, 981-7100

12. Support for a Sweatfree Ordinance (PDF, 172 KB)

From: Mayor Bates, Councilmembers Worthington, Anderson, and Moore

Recommendation: Refer to the Commission on Labor, as well as to the Peace and Justice Commission and the Public Works Commission for feedback, the development of a Sweatfree Berkeley Ordinance.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100; Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember, District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120

Contact: Tom Bates, Mayor, 981-7100

13. Grant: Ed Roberts Campus Lifeline Transportation Fund (PDF, 107 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency (ACCMA) Alameda County Lifeline Transportation Fund in the amount up to $1,525,760 for transportation enhancements along Adeline Avenue in South Berkeley in the area being developed by the Ed Roberts Campus at the Ashby BART Station; and accept the grant and execute any resultant agreements and amendments.

Financial Implications: See Report

Contact: Tom Bates, Mayor, 981-7100

14. Grant: Ed Roberts Campus Application for Alameda County Transportation  Improvement Authority’s Measure B Special Transportation for Seniors and People with Disabilities (PDF, 109 KB)

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency (ACCMA) Alameda County Lifeline Transportation Fund in the amount up to $1,525,760 for transportation enhancements along Adeline Avenue in South Berkeley in the area being developed by the Ed Roberts Campus at the Ashby BART Station; and accept the grant and execute any resultant agreements and amendments.

Financial Implications: See Report

Contact: Tom Bates, Mayor, 981-7100

15. Solano Chocolate and Chalk Art Festival (PDF, 203 KB)

From: Councilmember Capitelli

Recommendation: Adopt a Resolution, in collaboration with the Solano Avenue Association, to cosponsor the Chocolate and Chalk Arts Festival to be held on Solano Avenue during Memorial Day weekend, Saturday, May 27, 2006, from 10:00 a.m. to 5:00 p.m.; and that the City of Berkeley allow the use of Peralta Park during that day.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

16. Budget Referral: Solano Bulb Out (PDF, 1 MB)

From: Councilmember Capitelli

Recommendation: Refer to the 2006/2007 budget process $25,000 for a bulb out project on Solano Avenue at Colusa.

Financial Implications: $25,000

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

17. Sponsorship of International Food Festival (PDF, 149 KB)

From: Councilmember Maio and Moore

Recommendation: Sponsor the International Food Festival to be held on Sunday, April 30 in the International District around University and San Pablo Avenues.

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

18. Salary Equity Study (PDF, 76 KB)

From: Councilmember Moore

Recommendation: Adopt a Resolution to direct the City Manager to conduct a salary equity study for the City Council Legislative Assistants and report the findings to the Council.

Financial Implications: Unknown

Contact: Darryl Moore, Councilmember District 2, 981-7120

19. Barn Owl as the Official City Bird (PDF, 149 KB)

From: Councilmembers Olds and Spring

Recommendation: Adopt  a resolution declaring the Barn Owl (Tyto Alba) as the official bird of Berkeley.

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160 and Dona Spring, Councilmember, District 4, 981-7140

20. Gaia Arts Center Use Permit (PDF, 85 KB)

From: Councilmember Olds

Recommendation: Request a full report from Planning Staff and the City Attorney to discuss the various actions regarding the Use Permits on 2120 Allston Way (The Gaia Building) in order to gain some clarity on the City’s position and actions..

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160

21. Extension for Public Comment Period for the Draft Environmental Assessment of Bevatron Demolition (PDF, 63 KB)

From: Councilmembers Worthington and Spring

Recommendation: Ask the City Manager to request on its behalf the extension of the current 30-day comment period to May 26, 2006 on the draft environmental assessment for the demolition of the Bevatron and Building 51 at Lawrence Berkeley National Laboratory.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170; Dona Spring, Councilmember, District 4, 981-7140

22. Adopt a Holocaust Remembrance Day Proclamation (PDF, 64 KB)

From: Councilmember Worthington

Recommendation: Adopt a Holocaust Remembrance Day proclamation.

Financial Implications: None

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

23. Adopt a Proclamation in Honor of Maggie Mayer (PDF, 94 KB)

From: Councilmember Worthington

Recommendation: Adopt a proclamation honoring Maggi H. Meyer to be presented at the 6th Annual Berkeley Poetry Festival on April 29, 2006.

Financial Implications: None

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

24. Adopt a Proclamation in Honor of Stem Cell Day (PDF, 61 KB)

From: Councilmember Worthington

Recommendation: Adopt a proclamation to honor April 23, 2006, as Stem Cell Day

Financial Implications: None

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

25. Council Presentation on Early Childhood Education Highlights and Accomplishments (PDF, 142 KB)

From: Commission on Early Childhood Education

Recommendation: Schedule a 15-minute presentation by the Commission on Early Childhood Education at the April 25, 2006 City Council meeting to provide the highlights and accomplishments of the Commission.

Financial Implications: None

Contact: Angellique De Coud, Secretary, 981-5428

Action Calendar - Presentation

26. Presentation: Vista Community College (PDF, 283 KB)

From: Mayor Bates

Recommendation: Vista Community College will report on their upcoming name change and an update on their new campus.

Contact: Tom Bates, Mayor, 981-7100

Action Calendar – Public Hearing

27. Community Development Block Grant (CDBG) (PDF, 987 KB)

From: City Manager

Recommendation: Conduct a public hearing on April 18, 2006 giving first priority to disabled, elderly and parents with small children and asking people concerned with each allocation to speak together and, upon conclusion, adopt a Resolution approving the City Manager’s recommendations to:  1) Approve $3,824,620 for funding proposals under the FY 2007 CDBG and ESG programs;2) Switch up to $1,000,000 in previous year’s CDBG funds allocated to the Oxford Plaza Project with existing General Funds (GF) and allocate up to $1,000,000 of the recaptured CDBG funds to capital improvement projects proposed to be undertaken with General Funds by the Public Works Department; 3) Approve in concept the allocation of $87,570 in General Funds for public services activities to be undertaken by Bonita House, the East Bay Community Law Center, and Eden Council for Hope and Opportunity, with final funding appropriation to be considered with the adoption of the FY 2007 budget on June 27, 2006; 4) Allocate $1,180,324 of the FY 2007 HOME funds to the Housing Trust Fund and $138,744 for HOME program administration and $68,374 for HOME CHDO operating expenses; 5) Authorize the execution of resultant agreements, contract extensions and/or amendments for the FY 2007 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense funds with community agencies; and 6) Authorize the City Manager (CM) to submit the Second Year Annual Action Plan of the 2005-2010 Five-Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME funding and execute all resulting agreements with HUD.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

28. Extend Residential Permit Parking Program (PDF, 318 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25M and 25N of Resolution No. 56,508–N.S. by adding subsections to extend residential permit parking.

Financial Implications: Capital Improvement Fund - $3,000

Contact: Claudette Ford, Public Works, 981-6300.

 

Action Calendar – Old Business

29. Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (PDF, 245 KB) (Held over from March 7, 2006)

From: City Manager

Recommendation: Adopt first 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

30. Fee: Sanitary Sewer Lateral Certificate (PDF, 330 KB) (Held over from March 7, 2006)

From: City Manager

Recommendation: Adopt a Resolution establishing a sewer lateral certificate fee pursuant to Berkeley Municipal Code (BMC) Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property, effective July 1, 2006..

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – New Business

31. BUSD Request to Fund East Campus EIR (PDF, 151 KB)

From: City Manager

Recommendation: Adopt a Resolution  approving the Board of Education's March 3,2006 request to partially fund, in an amount not to exceed $100,000, an environmental impact study of the East Campus field on the condition that BUSD advance the City contribution for this project from the amount (approximately $1.2 million) that the school district currently owes to the City for past years’ municipal services.

Financial Implications: See Report

Contact: Arrietta Chakos, City Manager, 981-7000

32. Budget Referral: Housing Trust Fund Allocation of $1,000,000 (PDF, 78 KB)

From: Councilmember Worthington, Moore and Anderson

Recommendation: Refer one million dollars to the Budget process to be considered for allocation  for the Housing Trust Fund to provide matching funds for affordable housing in Berkeley.

Financial Implications: $1,000,000

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130

33. Budget Referral: Warm Water Pool (PDF, 62 KB)

From: Councilmembers Worthington and Spring

Recommendation: Refer to the budget process the allocation of $500,000 for the Warm Water Pool.

Financial Implications: $500,000

Contacts: Kriss Worthington, Councilmember District 7, 981-7170, Dona Spring, Councilmember, District 4, 981-7140

34. Budget Referral: Auto Theft Reduction Plan (PDF, 554 KB)

From: Councilmember Wozniak

Recommendation: Refer to the City Manager and the budget process a five part plan to reduce auto theft that is detailed in the attached proposal by Vincent Casalaina. The adoption and funding of this plan will be considered as part of the FY07 budget process. The target date for implementation is July 1, 2006.

Financial Implications: See Report

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Information Reports

35. Follow Up on Installation of 1.8 kW Wind Turbine at Shorebird Park (PDF, 308 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

36. Condominium Conversion Ordinance (PDF, 125 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

37. Homeland Computers (PDF, 172 KB)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

 

Communications (PDF, 4 KB)

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.

Creeks Ordinance

1.      Richard Ehrenberger

2.      Henrik and Barbara Bull

3.      Diane Tokugawa

4.      Alan Gould

5.      Robert and Elizabeth Burrell

6.      Brent Platter

7.      Julie Lamont (2)

8.      Christina Tworek

9.      Caryn Gottcent

10.  Dale R. Hopkins and Jeff Carlock

11.  Katherine Bowman and Robert Schneider

12.  William C. Springer

13.  John T. Selawsky

 

Condominium Conversion Ordinance

14.  The Berkeley Property Owners Association

15.  Barbara Gilbert

16.  Marie Bowman

17.  Michael St. John

18.  Anne Irving

 

Comments Regarding March 7 Council Meeting

19.  Jill Korte

 

Improving Council Meetings

20.  Judith Scherr

 

Glen Cove Sacred Grounds

21.  Lori Taguma

 

Downtown Berkeley

22.  Barbara Gilbert (2)

 

Ban on Cell Towers Near Schools

23.  P. Teichner

 

Brain Tumors Video

24.  P. Teichner

 

Derby Street Environmental Impact Report

25.  Jim Fisher

 

Senate Bill 1177

26.  Barbara Gilbert

 

California’s Open Spaces

27.  Barbara Gilbert

 

Local Preference for Affordable Housing

28.  Barbara Gilbert

 

Public Nuisance Lawsuit – Rauber et al. vs. Lenora Moore

29.  Sam Herbert

30.  James Anthony

31.  Robin Wright

 

Ashby BART Development

32.  David Soffa

33.  Christopher Smith

 

Warm Up Sessions for City Laborers

34.  Barbara Gilbert

 

Breed Specific Ordinance

35.  Julia Fullerton

 

Gaia Building

36.  Michael Patrick Durkee, Allen Matkins Leck Gamble & Mallory LLP

 

Adjournment