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Regular
Meeting eAgenda |
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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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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 20, 2007
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 Pamyla Means, 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.
Council Action: The City Council may take action related to any subject listed on the Agenda.
Public Comment on Consent Calendar Items Only
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. Limits on Terms, Membership Designated Commissions (PDF, 14 KB) (First reading March 13, 2007 – Noes – Anderson, Maio, Spring, Worthington)
From: City Manager
Recommendation: Adopt second reading of
Ordinance 6,973 N.S amending the title of Berkeley Municipal Code (BMC) Chapter
3.02; and amending BMC Section 3.02.040 to limit terms on designated commissions
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney, 981-6950
2. BAPAC Proposals - Second Follow-up Report (PDF, 71 KB)
From: City Manager
Recommendation:
That Council
1. Adopt first reading of an Ordinance amending
Berkeley Municipal Code (BMC) Sections 13.48.030, 13.48.040 and 13.48.050
(Second Response Ordinance);
2. Adopt first reading of ordinance adding new
BMC Chapter 13.49 (Social Host Ordinance.)
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney 981-6950
3. Cleanup Amendments to Taxi Ordinance (PDF, 40 KB)
From: City Manager
Recommendation: Adopt first reading of an
ordinance amending BMC Sections 9.52.020, 9.52.030, 9.52.040, 9.52.050 and
9.52.150 regarding taxi permits.
Financial Implications: None
Contact: Manuela Albuquerque, City Attorney 981-6950
4. Minutes for Approval (PDF, 184 KB)
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of January 16, 2007 (regular), January 29, 2007 (closed),
January 30, 2007 (special and regular) and February 13, 2007 (special and
regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
5. Expand the Appropriate Zoning District(s) for Medical Marijuana Dispensaries (PDF, 11 KB)
From: Councilmembers Moore and Maio
Recommendation: That the City Council
refer a zoning amendment to the Planning Commission which would allow
non-profit, collective, medical services and dispensary facilities to locate in
appropriate non-residential zoning districts where they currently are not
permitted, recognizing the special site and operational needs of the use. The
Planning Commission should also consider whether or not this important
community service should be included in protected uses, as outlined by the
zoning code.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
6. Sixth Annual Peace Lantern Ceremony (PDF, 65 KB)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution
endorsing the Sixth Annual Peace Lantern Ceremony to be held in Aquatic Park on
Sunday, August 5, 2007, and directing the City Manager to post the event on the
City's Community Calendar.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary, 981-5110
7. Reliable Replacement Warhead Program (PDF, 128 KB)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution
requesting that Representative Barbara Lee, and Senators Barbara Boxer and
Dianne Feinstein not support funding for the "Reliable Replacement Warhead
Program, or appropriations or other benefits to the civilian nuclear power
industry; and that the University of California not violate the Nuclear Free
Berkeley Ordinance.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary, 981-5110
8. Commission Referral for Measure G Implementation (PDF, 82 KB)
From: Mayor Bates
Recommendation: That the City Council
request the following commissions each discuss how they can participate in
helping the City implement Measure G --
Community Environmental, Energy, Transportation, Planning, and Zero Waste.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
9. Contract: San Pablo Park Pathway and Frances Albrier Recreation Center Renovation Project (PDF, 386 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution approving the Plans and Specifications for the San Pablo Park Pathway and Frances Albrier Recreation Center Renovation project; accepting the bid from Rosas Brothers Construction; authorizing the City Manager to execute a contract and any amendments with Rosas Brothers Construction in an amount not to exceed $523,250 which includes a 15% contingency for the period March 15, 2007 to December 31, 2007.
Financial Implications: Various Funds - $455,000
Contact: Mark Seleznow, Parks, Recreation and Waterfront, 981-6700
10. Final Map of Tract 7618: 1501 Oxford Street (PDF, 76 KB)
From: City Manager
Recommendation: Adopt a Resolution
approving the final Tract Map 7618, a five (5) unit residential condominium
located at 1501 Oxford Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
11. Contract Amendment: Downtown BART Plaza & Transit Area Design Plan (PDF, 80 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Community Design + Architecture Inc. (CD+A), increasing the amount from $90,000
to an amount not to exceed $150,000, and extending the termination date to
October 31, 2008.
Financial Implications: Measure B Fund - $60,000
Contact: Claudette Ford, Public Works, 981-6300
12. Final Tract Map 7674: 1414 Harmon Street (PDF, 21 KB)
From: City Manager
Recommendation:
Adopt a Resolution
approving the final map of Tract Map 7674, a seven unit residential condominium
located at 1414 Harmon Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
13. Parking Prohibition on West Frontage Road (PDF, 80 KB)
From: City Manager
Recommendation: Adopt a Resolution
prohibiting parking for all vehicles and trailers (private and commercial) from
9 PM to 6 AM every day, including weekends and holidays, on the Bay Trail Park
parking area on the west side of West Frontage Road, from a point 1100 feet
north of the Berkeley-Emeryville city limits to a point 500 feet north thereof.
Financial Implications: Transportation Division budget - $800
Contact: Claudette Ford, Public Works, 981-6300
14. Purchase Order: Ten Police Vehicles (PDF, 86 KB)
From: City Manager
Recommendation: Adopt a Resolution
accepting the City of Sacramento's bid procedures to satisfy the requirement of
Berkeley Charter Section 67, and authorizing the City Manager to execute a
purchase order with Downtown Ford in an amount not to exceed $260,370 to
purchase ten police patrol vehicles.
Financial Implications: Equipment Maintenance Fund - $260,370
Contact: Claudette Ford, Public Works, 981-6300
15. Contract Amendment: Elevator Maintenance for Telegraph/Channing Garage and Mall (PDF, 79 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
ThyssenKrupp Elevator Corporation for elevator maintenance at the Telegraph/Channing
Garage and Mall, increasing the amount by $28,000 for a total amount not to
exceed $90,178 and extending the termination date to June 30, 2008.
Financial Implications: Off-Street Parking Fund - $28,000
Contact: Claudette Ford, Public Works, 981-6300
16. Contract: Landfill Postclosure Monitoring and Maintenance Services (PDF, 81 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments,
extensions, or other change orders with SCS Engineers, in an amount not to
exceed $250,000, to provide engineering, monitoring, and maintenance services
for the landfill post closure to meet mandatory compliance requirements at
Cesar Chavez Park, for the period of April 1, 2007 to March 31, 2010, with an option
to extend the contract for an additional two one-year periods at a cost of
$90,000 per each additional one-year
period.
Financial Implications: Refuse Fund - $250,000
Contact: Claudette Ford, Public Works, 981-6300
17. Contract: Sanitary Sewer Project (PDF, 125 KB)
From: City Manager
Recommendation:
Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Baker Street, Derby Street, Milvia Street, Sacramento Street, Tyler Street,
Hearst Avenue, Scenic Avenue, La Loma Avenue, and Highland Place; and
authorizing the City Manager to execute a contract and any amendments,
extensions or other change orders with Ranger Pipelines, Inc., until completion
of the project in accordance with the approved plans and specifications in an amount
not to exceed $455,994 for a term of
190 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation Fund - $455,594
Contact: Claudette Ford, Public Works, 981-6300
18. Contract Amendment: Architectural Services for Hills Fire Station (PDF, 20 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with Marcy
Li Wong Architects for architectural services for the Hills Fire Station,
increasing the contract amount by $13,815 for a new contract amount not to
exceed $518,451, with no change to the contract expiration date of December 31,
2006.
Financial Implications: Measure G Fund - $13,815
Contact: Claudette Ford, Public Works, 981-6300
19. Support Efforts to Maintain AB 2034 Funding (PDF, 94 KB)
From: City Manager
Recommendation: Adopt a Resolution
supporting efforts to maintain AB2034 funding.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
20. Application For CalHome Funds (PDF, 255 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the Housing Department to submit an application to the State of
California Department of Housing and Community Development (HCD) for up to
$600,000 in funding under the CalHome Owner-Occupied Rehabilitation Program.
Financial Implications: See report
Contact: Stephen Barton, Housing , 981-5400
21. Grant: 2006 Regional Transportation Improvement Program – Augmentation for Gilman/I-80 Interchange Reconfiguration Project (PDF, 672 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit an application to the Metropolitan
Transportation Commission or $1.5 million in funding from the 2006
Regional Transportation Improvement Program Augmentation for the
Gilman/I-80 Interchange Reconfiguration Project; accept the grant; and execute
any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
22. Holocaust Remembrance Day Proclamation (PDF, 29 KB)
From: Councilmember Worthington
Recommendation:
That the Berkeley
City Council adopts the Holocaust Remembrance Day proclamation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
23. Oppose Governor Schwarzenegger’s Budget Cuts To Education And Transportation (PDF, 32 KB)
From: Councilmember Worthington and Mayor Bates
Recommendation: That the
Berkeley City Council opposes the Governor’s budget recommendations to reduce
funding to critical transportation programs in the short term and educational
programs in the long term.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
24. Berkeley Schools Mental Health Partnership (To be delivered, PDF, 4 KB)
From: City Manager
Recommendation: Adopt a Resolution supporting the Berkeley
Integrated Resources Initiative and approving an Inter-Agency Agreement with
the Berkeley Unified School District for the Berkeley Schools Mental Health
Partnership.
Financial Implications: See report
Fred Medrano, Health and Human Services, 981-5100
25. Making a More Manageable Move-Out (PDF, 30 KB)
From: Councilmembers Worthington and Wozniak
Recommendation: That the Berkeley City
Council authorize $5,000 - $10,000 as a City expenditure to encourage UC to
create a trash and materials collection program to facilitate a cleaner
move-out process for the end of the school year, in May 2007.
Financial Implications: See report
Contact: Kriss Worthington, Coucilmember, District 7, 981-7170
Public Comment – Items Not Listed on the Agenda
Action Calendar – Appeals
26. ZAB Appeal: 2701 Shattuck Avenue
a. From: City Manager (PDF, 53 MB)
Recommendation:
Adopt a Resolution
affirming the decision of the Zoning Adjustment Board to approve Use Permit
#04-10000014 to construct a 24-unit, mixed-use project, and dismissing the
appeal.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
c. Communications (PDF, 376 KB)
1. Karl Reeh
2. Rolf Bell on behalf of Aspasia Nea
3. Rolf Bell on behalf of Elizabeth Ditmars and Joan More
4. Gale Garcia
5. Ernest Machen
27. ZAB Appeal: 651 Addison Street (Drayage)
a. From: City Manager (PDF, 37 MB)
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board to approve Use Permit
#06-10000067 to allow the demolition of an unsafe building.
Financial Implications:None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
c. Communications
Action Calendar – New Business
28. Contract: Warm Water Pool Preliminary Design and Cost Estimate (PDF, 113 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with ELS
Architecture and Urban Design, to provide architectural and engineering
services for the preliminary design and cost estimating for a new Warm Water
Pool on Berkeley Unified School District property at the corner of Milvia and
Bancroft, in an amount not to exceed $125,000 for all services and expenses for
the term ending December 31, 2007.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
29. Amend Program Year 2006 Annual Action Plan (PDF, 84 KB)
From: City Manager
Recommendation: Adopt a Resolution amending the City of Berkeley's Program Year (PY) 2006 Annual Action Plan to enable the City to allocate Community Development Block Grant (CDBG) Funds from the Housing Trust Fund to Affordable Housing Associates, Inc., to complete rehabilitation work at 2121 7th Street, Allston House.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
30. a. Discussion and Direction - Sunshine Ordinance (PDF, 294 KB) (Continued from 5:00p.m. Worksession)
From: Mayor Bates
Recommendation: That the City Council hear
from the community panel on its reactions to the current (24th) draft of the
Sunshine Ordinance, pose any questions to the panel and staff, hear from the
public and then provide guidance on possible changes and next steps towards
final adoption of the ordinance.
Fiscal Impacts: See report
Contact: Tom Bates, Mayor, 981-7100
b. Access to Berkeley Police
Department Information (PDF, 97 KB) (continued from February 27,
2007, revised report submitted for March 20, 2007 meeting)
From: Councilmember Spring
Recommendation: That Council thank the
Police Chief for improving public access to police reports to the public and
request the City Manager provide a plan to give public access to Berkeley's
Police Department information, including police reports compliant with state
law.
Financial Implications: See report
Contact: Dona Spring, Councilmember, District 4, 981-7140
31. Gilman Fields Project
a. Sign Relocation Agreement/Funding for Gilman Fields Project (PDF, 2 MB)
Recommendation: That the Council
1. Adopt a
resolution adopting the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the Sign Relocation Agreement with CBS
Outdoor and the first reading of an ordinance adding new section 20.04.040 to
the Berkeley Municipal Code, and authorizing the City Manager to execute a Sign
Relocation Agreement with CBS Outdoor: and
2. Adopt the
first reading of an ordinance adding new section 20.04.040 of the Berkeley
Municipal Code, providing for sign relocation agreements pursuant to Business
& Professions Code section 5412. and exempting signs authorized under such
agreements from design review.
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney, 981-6950
b. Lease Agreement: Gilman Street Sports Fields (To be delivered, PDF, 4 KB)
Recommendation:
Adopt the first
reading of an Ordinance authorizing the City Manager to execute a lease
agreement with the East Bay Regional Park District for the City to occupy the
Gilman property to develop, operate, and maintain the Gilman Street Sports
Fields for a twenty-five year term.
Financial Implications: See report
Contact: Marc Seleznow, Parks Recreation and Waterfront, 981-6700
c. Information Report from City Manager - Construction of Gilman Street Sports Fields (PDF, 109 KB) (To be delivered)
Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
Information Reports
32. LPC NOD: 1300 Martin Luther King Jr. Way (PDF, 5 MB)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
33. LPC NOD: 2120 Dwight Way (PDF, 3 MB)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
34. Oxford Plaza and David Brower Center Project Status (To be delivered, PDF, 4 KB)
From: City Manager
Contact: Stephen Barton, Housing, 981-5400
35. Comments on Lawrence Berkeley National Lab Long Range Development Plan Draft Environmental Impact Report (PDF, 706 KB) (To be delivered)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
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.
Item 2: BAPAC Proposals - Second Follow-up Report
1. Wendy Alfsen
Item 34: Oxford Plaza and David Brower Center Project Status
2. Barbara Gilbert
Commercial/Housing Policy Changes
3. Mary Ann Clegg
Neglected Dog
4. Anne Whyte (2)
Miscellaneous
5. Carol Denney
Shootings
6. Paul Rauber
7. Marian Mabel
Adjournment
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.