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.
Fair Procedures in Quasi-Judicial Land Use Matters (First Reading February
22, 2005 – Unanimous)
From: City Manager
Recommendation: Adopt second 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
2.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of January 18, 2005 (regular and
closed), January 25, 2005 (regular), February 7, 2005 (closed) and February 8,
2005 (special and regular).
Contact: Sara T. Cox, City
Clerk, 981-6900
3.
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
4.
Amendment of BMC Chapter Regarding Infractions and
Misdemeanors
From: City Manager
Recommendation: Adopt the first reading of
an Ordinance amending Berkeley Municipal Code (BMC) section 1.20.020 relating
to how violations of City ordinances are charged.
Financial Implications: None.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
5.
Formal Bid Solicitations and Requests for Proposals
From: City Manager
Recommendation: Approve new invitations
for bids and requests for proposals (RFP) that will be, or are planned to be,
issued; that have been issued and received due to extenuating circumstances; or
that have been sent out (opened) but not yet received (closed).
Financial Implications: Various Funds – $4,775,000
Contact: Fran David,
Finance, 981-7300
6.
Safe Haven Program of Newborns
From: City Manager
Recommendation: Adopt a Resolution authorizing the City to participate in the Safe Haven
Program for Newborns by establishing Berkeley fire stations as approved
locations where newborns can be dropped off.
Financial Implications: Staff time.
Contact: Debra Pryor, Fire,
981-5500
7.
Contract: Financial Consultant Services – Seifel Consulting,
Inc.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
with Seifel Consulting, inc. for financial consulting services in an amount not
to exceed $40,000.
Financial Implications: CDBG Fund – $40,000.
Contact: Stephen Barton,
Housing, 981-5400
8.
HUD Section 108 Loan Guarantee for the University Neighborhood
Apartments
From:
City Manager
Recommendation: Adopt a Resolution: 1) approving participation in the U.S. Housing and
Urban Development (HUD) Section 108 Loan Guarantee Program and authorizing the
use of current and future Community Development Block Grant funds as the
ultimate security and loan collateral in order to secure a loan for the
University Neighborhood Apartments’ development up to the amount of $800,000;
2) authorizing the City Manager to execute the HUD Contract for Loan Guarantee
Assistance, Note, and all other documents, agreements and amendments necessary
to secure the HUD 108 Loan for the University Neighborhood Apartments’
development; and 3) rescinding Resolution No. 61,275–N.S.
Financial Implications: None.
Contact: Stephen Barton,
Housing, 981-5400
9.
License Agreement:
2033 Center Street
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license
agreement and any amendments with Rising Sun Energy Center for the purpose of
having an office located near Berkeley High School.
Financial Implications: See report.
Contact: Rene Cardinaux,
Public Works, 981-6300
10.
Parcel Based Special Taxes, Fees, and Assessments Audit
From: City Auditor
Recommendation: Request the City Manager to ensure that the recommendations in the
attached report are fully implemented, and to report back no later than
September 13, 2005, regarding the implementation status of each
recommendation. A date should be set
for a follow-up report to Council if any recommendations remain unimplemented
at the time of the September report.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750
11.
Raising The Tibetan Flag In Solidarity With The Tibetan People
(PDF, 21 KB)
From: Councilmember Worthington
Recommendation: Allow the Tibetan flag to be raised on the city flag pole on March 10,
2005 to show solidarity with the people of Tibet and Tibetan support groups in
commemoration of the Tibetan National Uprising Day.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
12.
Meeting City’s Greenhouse Gas Reduction Goals
(PDF, 25 KB)
From: Councilmembers Wozniak and Maio
Recommendation: Request that staff prepare a cost benefit analysis, which would be sent
to the Energy Commission for review, of offering free on-street parking at
metered spaces for fuel-efficient and clean hybrid vehicles to increase the
percentage of fuel efficient vehicles owned by Berkeley residents and reduce
gasoline consumption to meet the City’s Kyoto goals. Staff should consider if
this incentive would be available: only to high-efficiency vehicles purchased
in Berkeley, which generate a local sales tax; high-efficiency vehicles
regardless of origin; the term of the incentive (how many years per purchaser);
and the likelihood of achieving the Kyoto reductions.
Financial Implications: Staff time.
Contact:
Gordon Wozniak, Councilmember District 8, 981-7180; Linda Maio, Councilmember
District 1, 981-7110
13.
Filling Vacancies Among the Elected Representatives of the
Poor
a. From:
Human Welfare and Community Action Commission (PDF, 179 KB)
Recommendation: Adopt a Resolution confirming the appointment of Ms. Carita Jenkins
(District 2) as an elected representative of the poor on the Human Welfare
Community Action Commission (HWCAC), having been selected by the remaining
elected representatives of the poor at the HWCAC February 2, 2005 meeting, and
Zthat her term expires November 14, 2006.
Financial Implications: None.
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 – Appeals
14.
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
1. Leslie
Marks
15.
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.
16.
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.
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
17.
Parking Revenue Improvements
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
18.
Parking Enforcement Operations Audit
(PDF, 3 MB)
From: City Auditor
Recommendation: Request
the City Manager to ensure that the recommendations in the attached report are
fully implemented, and to report back by July 19, 2005, regarding the
implementation status of each recommendation in the report. A date should be
set for a follow-up report to Council if any recommendations remain
unimplemented at the time of the July report.
Financial Implications: See report.
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
19.
Contract: Environmental and Planning Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve four contracts
and any amendments with Crawford, Multari & Clark, Pacific Municipal
Consultants, Amy Skews-Cox and Chandler Lee for planning and environmental
review services in an amount not to exceed $500,000 each for a contract period
of three years.
Financial Implications: None.
Contact:
Dan Marks, Planning, 981-7400
