Agenda Committee Item #5
Council Draft Agenda - February 22, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 22, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

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.

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.      Needle Exchange

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sara Cox, City Clerk, 981-6900

2.      Gilman Street Sports Fields Preliminary Site Plan

From: City Manager

Recommendation:  Adopt a Resolution approving the Gilman Street Sports Fields Preliminary Site Plan as a proposed project, in order to proceed with the California Environmental Quality Act (CEQA) review.

Financial Implications: None.

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

3.      Contract: Sanitary Sewer Project

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Grizzly Peak Boulevard, Shasta Road, Rock Lane and Poplar Street; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,130,726 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $1,130,726.

Contact: Rene Cardinaux, Public Works, 981-6300

4.      All-way Stop at Shasta Road and Miller Avenue

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of two stop signs on Shasta Road at Miller Avenue, creating a three-way stop at this intersection.

Financial Implications: Capital Improvements Projects Fund – $1,000.

Contact: Peter Hillier, Transportation, 981-7010

5.      Support for Self-Anchored Suspension Bridge Design for Bay Bridge (PDF, 322 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution in support of the current self-anchored suspension bridge design for the east span of the Bay Bridge and forward copies of the resolution to the Governor of California, the California State Senate and Assembly, the Metropolitan Transportation Commission, and other appropriate agencies and officials.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

6.      Proclamation Recognizing the Berkeley Rotary Club's Shorebird Park Centennial Project (PDF, 183 KB)

From: Councilmember Moore

Recommendation:  Approve a proclamation recognizing the Rotary Club of Berkeley for their great efforts in rejuvenating Berkeley’s Shorebird Park.

Financial Implications: None.

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

7.      Re-Use of Plastic Packing Materials (PDF, 107 KB)

From: Councilmember Olds

Recommendation:  Request that the Solid Waste Commission study the options available in Berkeley for recycling and re-using plastic packing materials and return to the Council with recommendations.

Financial Implications: None.

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

8.      Grant for Strawberry Creek Feasibility Study (PDF, 276 KB)

From: Councilmember Spring

Recommendation:  Adopt a Resolution supporting a grant application to the State Department of Water Resources, Urban Streams Restoration Grant Program by a partnership consisting of the Citizens for a Strawberry Creek Plaza, the Watershed Project and the City for the purposes of completing the required final feasibility studies for daylighting Strawberry Creek on Center Street between Oxford Street and Shattuck Avenue.

Financial Implications: Grant Revenue – $953,216.

Contact: Dona Spring, Councilmember District 4, 981-7140

9.      I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event

a.      From: Commission on Early Childhood Education (PDF, 84 KB)

Recommendation:  Schedule a 15-minute presentation by the Commission to provide information on the I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event honoring local child care providers.

Financial Implications: None.

Contact: Angellique De Coud, Secretary, 981-5428

b.      From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

Contact: Stephen Barton, Housing, 981-5400

10.      Grant and Contract: Community Services and Development Block Grant

a.      Human Welfare Community Action Commission (PDF, 222 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) enter into An Agreement with the State Department of Community Services and Development; 2) accept a total of $173,556 in Community Services Block Grant (CSBG) funds for a total of $173,556; and 3) execute any resultant agreements and amendments with community agencies to provide low-income services for the time period January 1, 2005 to December 31, 2005.

Financial Implications: Grant Revenue to Community Action Program Fund – $173,556.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400

Action Calendar – Presentations

11.  Presentation: Oakland/Berkeley Asthma Hospitalization Report

From: City Manager

Recommendation:  Presentation and discussion by Poki Namkung regarding the “Oakland/Berkeley Asthma Hospitalization Report” prepared by the Oakland Berkeley Asthma Coalition.

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


Action Calendar – Appeals

12.  3075 Adeline Street

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit and Variance #01-10000098 for the project located at 3075 Adeline Street to construct and operate a universally accessible, 86,057-square foot, two-story, non-residential building (the Ed Roberts Campus) with space for eight disabilities organizations, childcare, café and fitness center.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Robert Lauriston

c.       Communications

None.

13.  2700 San Pablo Avenue

a.      From: City Manager

Recommendation: Adopt a resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #04-70000039, a five story mixed-use project with 30 dwelling units, four live/work units and 1,256 square feet of commercial floor area, and dismissing the appeal.  This project is subject to state density bonus provisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Laurie Bright, Leslie Marks and Julie Dickinson

c.       Communications

None.

14.  2104-Sixth Street – Appeal of Zoning Adjustments Board Decision

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND) and approve: 1) the demolition of 2108 Sixth Street, a single family residence, and its replacement with two residential units; and 2) the construction of an additional dwelling unit at 2104 Sixth Street, and dismiss the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Jano Bogg and Sandy Kasten

c.       Communications:

None.

15.  2104-Sixth Street – Appeal of Landmarks Preservation Commission Decision

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission (LPC) to approve alterations to the buildings at 2104 and 2108 Sixth Street, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Jano Bogg

c.       Communications:

None. .


Action Calendar – Public Hearing

16.  Agreements with Other Law Enforcement Agencies, Police Departments or Private Security Organizations

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving agreements, understandings or policies revised and updated as of February 22, 2005 between the Berkeley Police Department and other law enforcement agencies, police departments and other private security organizations in order to maintain the current level of police resources and emergency services.

Financial Implications: See report.

Contact: Roy Meisner, Police, 981-5700

17.  Grant: Citizen's Option for Public Safety (COPS)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to appropriate $153,140 in California Citizen’s Option for Public Safety (State COPS) grant funding, for FY 2005 and authorize expenditures beginning July 1, 2005, to be used for a half time Community Service Specialist I, hourly Juvenile Bureau Counselor, hourly Police Aides and hourly crime analysis staff.

Financial Implications: Grant Revenue – $153,410. No matching funds required.

Contact: Roy Meisner, Police, 981-5900

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 – New Business

18.  Parking Revenue Improvements

a.      From: City Manager

Recommendation: Adopt a Resolution approving the Parking Improvement Plan, the addition of one Parking Enforcement Officer Supervisor position to improve enforcement operations and productivity; authorizing backfill resulting from the promotion of a new supervisor; and adding three additional Parking Enforcement Officer positions in order to increase parking revenues.

Financial Implications: General Fund – $827,000 estimated increased revenue.

Contact: Roy Meisner, Police, 981-5900

b.      Information Report from City Auditor (PDF, 67 KB)

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

19.  Fair Procedures in Quasi-Judicial Land Use Matters

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the BMC Sections 23B.28.060 and 23B.32.060 to reflect new rules regarding ex parte communications for matters on appeal to the Zoning Adjustments Board and the City Council.

Financial Implications:  None.

Contact: Dan Marks, Planning, 981-7400

20.  FY 06 and 07 Biennial Budget Recommendations of the Solid Waste Management Commission

From: City Manager

Recommendation: Refer Commission recommendations to the budget process.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

21.  Recommendation of the Solid Waste Management Commission Concerning the Refuse Fund

From: City Manager

Recommendation: Direct staff to study the Solid Waste Management Commission recommendations and report back to Council.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

22.  Grant: Caltrans’ Bicycle Transportation Account (BTA)

From: City Manager

Recommendation:  Adopt a Resolution approving the 2005 Bicycle Plan Update and directing staff to submit an application to Caltrans’ Bicycle Transportation Account (BTA) for a grant in the amount of $189,000 for a traffic signal at the intersection of Hillegass and Asbhy Avenues, and directing staff to execute any resultant grant agreements and amendments.

Financial Implications: Caltrans’ BTA Grant Revenue – $189,000; Measure B Bicycle and Pedestrian Funds –$21,000 local match.

Contact: Peter Hillier, Transportation, 981-7010

23.  Grant: Safe Routes to School

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to:1) accept a grant award from the Caltrans Safe Routes to School program for traffic safety improvements around Malcom X Elementary School in the amount of $364,320; and 2) execute any resultant agreements and amendments.

Financial Implications: Grant Revenue – $364,320.

Contact: Peter Hillier, Transportation, 981-7010

 

Information Reports

24.  Investment Report: Quarters Ended September 30, 2004 and December 31, 2004

From: City Manager

Contact: Fran David, Finance, 981-7300

25.  Modification of Community Service Program – Status Report (CF 40-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

26.  1809 Shattuck Avenue: Certification and Review of Planning Commission Approval of Tentative Tract Map 7527

From: City Manager

Contact: Dan Marks, Planning, 981-7400

27.  2131 Durant Avenue: Certification and Review of Planning Commission Approval of Tentative Tract Map 7538

From: City Manager

Contact: Dan Marks, Planning, 981-7400

28.  Landmarks Preservation Commission Notice of Decision: 2900-98 San Pablo Avenue - Approval of Structural Alteration Permit

From: City Manager

Contact: Dan Marks, Planning, 981-7400

29.  Landmarks Preservation Commission Notice of Decision: 1650 La Vereda Road - Landmark Designation

From: City Manager

Contact: Dan Marks, Planning, 981-7400

30.  Landmarks Preservation Commission Notice of Decision: 1650 La Vereda Road – Approval of Structural Alteration Permit (12-6-04 and 1-10-05)

From: City Manager

Contact: Dan Marks, Planning, 981-7400


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge)

1.      Alan R. Seher, Counsel for New Education Development Systems, Inc.


Adjournment