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.
Lease: 6701 San Pablo Avenue (First Reading February 21, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt
second reading of an Ordinance authorizing the City Manager to execute a lease
agreement with the University of California for 8,000 square feet of space at
the Marchant Building at 6701 San Pablo Avenue in Berkeley for offsite storage
of City records for the period April 1, 2006 to December 31, 2006 for an amount
not to exceed $25,490.
Financial Implications: General Fund - $25,489
Contact: Sara T. Cox, City
Clerk, 981-6900
2.
Vacating Portion of Easement at Ashby Avenue at 9th
Street (First
Reading February 21, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance summarily vacating a portion of the
public right-of-way located on the North East corner of Ashby Avenue and 9th
Street and conveying the City’s interests in the vacated property to Affordable
Housing Associates for the purpose of constructing affordable housing units.
Financial Implications: See report
Contact: Claudette R. Ford,
Public Works, 981-6300
3.
Zoning Ordinance
Amendments for Demolition and Dwelling Unit Controls (First
Reading February 21, 2006. Noes – Councilmembers Spring and Worthington)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Title 23, Chapter 23C.08,
of the Berkeley Municipal Code (BMC) correcting typographic errors, amending
section titles, and restoring requirements relevant to accessory dwelling
units.
Financial Implications: None
Contact: Dan Marks, Planning
and Development, 981-7400
4.
Zoning Ordinance Amendments for Teaching-related Home
Occupation Permits (First Reading February 21, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance incorporating
comprehensive amendments to Title 23 of the Berkeley Municipal Code to allow
teaching-related home occupations by issuance of an Administrative Use Permit.
Financial Implications: See report
Contact: Dan Marks, Planning
and Development, 981-7400
5.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of February 6, 2006 (special closed), February 7, 2006
(special and regular), and February 14, 2006 (special).
Financial Implications: None
Contact: Sara T. Cox, City
Clerk, 981-6900
6.
Formal Bid Solicitations and Requests for Proposals
From: City Manager
Recommendation: Approve the attached
request for proposals that will be, or is planned to be, issued upon final
approval by the requesting department or division.
Financial Implications: Various Funds - $1,980,000
Contact: Fran David,
Finance, 981-7300
7.
Mobile Disaster Fire Protection System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Kuiken Hytrans BV
for portions of the Mobile Disaster Fire Protection System in an amount not to
exceed $5,000,000.
Financial Implications: Measure Q Disaster Fire Protection Tax and Fire
Protection Bond
Fund - $5,000,000
Contact:
Debra Pryor, Fire, 981-3473
8.
Contract: Americorps Interns
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
California Family Health Council for the purposes of placing
Americorps/Community HealthCorps Members at the Berkeley High School Health
Center to provide health education and mental health services for the period
September 12, 2005 through September 11, 2006 in an amount not to exceed
$28,000.
Financial
Implications: General Fund, State Grants Fund, and Health Clinic
Services Fund - $28,000
Contact: Fred Medrano,
Health and Human Services, 981-5100
9.
Contract: Laboratory Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with the State of
California Department of Health Services Microbial Disease Laboratory for
laboratory tests for diseases of public health significance in the amount of
$286,878 for the period July 1, 2005 to June 30, 2006.
Financial Implications: General Fund and Health Fund - $286,878
Contact: Fred Medrano,
Health and Human Services, 981-5100
10.
Contract: X-ray and Laboratory Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: execute an amendment to the contract with Alta
Bates Summit Medical Center for essential laboratory services; increase the
contract amount by $20,000 for a total amount not to exceed $100,000; and,
extend the term to June 30, 2006.
Financial Implications: General Fund - $16,000; Health Fund - $4,000
Contact: Fred Medrano,
Health and Human Services, 981-5100
11.
Mental Health Services Act Funding Request: Community Services
and Supports Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit the
Community Services and Supports Plan to the State Department of Mental Health
for funds in the amount of $1.1 million under the Mental Health Services Act;
2) accept the funding allocation, and execute any resultant revenue agreements
and amendments; and, 3) authorize the implementation of the projects and
appropriation of funding for related expenses, subject to securing the funding
allocation.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
12.
Contract: Lighting Efficiency at 1947 Center Street
From: City Manager
Recommendation: Adopt a
Resolution retroactively authorizing the City Manager to execute a contract for
lighting efficiency improvements at 1947 Center Street with Nu Tek Lighting
Solutions, Inc. in an amount not to exceed $50,000 for the period February 6,
2006 through March 30, 2006.
Financial Implications: General Fund - $50,000
Contact: Stephen Barton,
Housing, 981-5400
13.
Agreement: Gilman Street Playing Fields Project
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute an amendment to the cooperative funding agreement
with the East Bay Regional Park District to receive an additional $2 million in
state grant funds to construct the Gilman Street Playing Fields project, and
amend the FY 2006 budget appropriation for the Parks Recreation &
Waterfront Department to add $2 million in grant revenue.
Financial Implications: General Fund - $2 Million Revenue
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
14.
Grant: Workforce Housing Reward Program
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to submit a grant application to the
State of California, Department of Housing and Community Development for funds
in the approximate amount of $190,000 in Fiscal Year 2005-2006 for the South
Branch Library, Martin Luther King Jr. Youth Services Center, City swimming
pools, Live Oak Park, San Pablo Park, and Greg Brown Park; to accept the grant;
and to execute the resultant revenue agreement and any amendments.
Financial Implications: Job Housing Balance Grant - $190,000 Grant Revenue
Contact: Dan Marks, Planning
and Development, 981-7400
15.
Waiving Reimbursement for Police Testimony in Civil Action
From: City Manager
Recommendation: Rescind Resolution No. 57,530-N.S.
and authorize the City Attorney, upon a showing of good cause to execute
stipulations waiving the City's entitlement to salary reimbursement under
Government Code Section 68097.2 for the appearance and testimony of Berkeley
Police Officers in civil actions regarding the elimination of public nuisance
or illegal drug activity which impacts a neighborhood in the City of Berkeley.
Financial Implications: See report
Contact: Douglas N.
Hambleton, Police, 981-5700
16.
Contract: Public Safety Building Janitorial Services
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to extend the contract with Universal
Building Services for two additional one-year periods to provide janitorial
services at the Public Safety Building in an amount not to exceed $129,464 each
year for FY2007 and FY 2008.
Financial Implications: Building Maintenance Fund - $129,464
Contact: Claudette R. Ford,
Public Works, 981-6300
17.
Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
LeRoy Avenue, Cornell Avenue, Curtis Street, Belvedere Avenue, Chestnut Street,
Gilman Street, Marin Avenue, Sacramento Street and Lincoln Street backlines;
accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the
City Manager to execute a contract and any amendments in an amount not to
exceed $654,116 for the period of 220 calendar days.
Financial Implications: Sewer Capital Improvement Project Fund - $654,116
Contact: Claudette R. Ford,
Public Works, 981-6300
18.
Purchase Order: Uniform Rental and Laundry Services
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to provide monthly uniform rental and
laundry services to the Public Works Department, Solid Waste Management
Division, via Purchase Order number 057441 in an amount not to exceed $42,343.
Financial Implications: Refuse Fund - $42,343
Contact: Claudette Ford,
Public Works, 981-6300
19.
Purchase Order: Vehicle Replacement – Hybrid Vehicles
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to execute a purchase order with
Toyota 101 in an amount not to exceed $189,578 to purchase seven 2006 Toyota
Prius Hybrid vehicles for the City of Berkeley fleet; and, rescinding
Resolution No. 63,097-N.S.
Financial Implications: Equipment Replacement Fund - $189,578
Contact: Claudette R. Ford,
Public Works, 981-6300
20.
Purchase Order: Vehicle Replacement - Street Sweepers
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase
order with Municipal Maintenance
Equipment Inc. in an amount not to exceed $424,950 to purchase two new
Compressed Natural Gas (powered regenerative air street sweepers for the City
of Berkeley fleet.
Financial Implications: Equipment Replacement Fund - $424,950
Contact: Claudette R. Ford,
Public Works, 981-6300
21.
Renaming Sather Gate Garage “Telegraph Area Garage”
From: City Manager
Recommendation: Adopt
a Resolution renaming the Sather Gate Garage, “Telegraph Area Garage.”
Financial Implications: Off Street Parking Fund - $2,000
Contact: Claudette R. Ford,
Public Works, 981-6300
22.
Set Council Work Sessions on Infrastructure Needs
(PDF, 19 KB)
From: Mayor Bates
Recommendation: Direct the City Manager to set a series of work sessions on the City’s infrastructure needs and work with the
Council to develop a strategy for meeting those needs.
Financial Implications: None
Contact:
Tom Bates, Mayor, 981-7100
23.
Mini-grant Program for Parks, Gardens and Creeks
(PDF, 132 KB)
From: Councilmembers Maio and Wozniak
Recommendation: That the re-establishment
of a mini-grants program to improve parks, gardens, creeks, paths, and related
projects be referred to the budget process as a one-time expenditure.
Financial Implications: See report
Contact: Linda Maio,
Councilmember District 1, 981-7110 and Gordon Wozniak, Councilmember District
8, 981-7180
24.
Support SB 1180, Regulating Advertisements Targeting Minors
(PDF, 106 KB)
From: Councilmembers Moore and Worthington
Recommendation: Support Senate Bill 1180,
introduced by Senator Migden, that would prevent any person, firm, corporation,
partnership, or any other organization to issue ads that targets minors to
consume alcoholic beverages.
Financial Implications: None
Contact: Darryl Moore,
Councilmember District 2, 981-7120 and Kriss Worthington, Councilmember
District 7, 981-7170
25.
Independent Scheduling of Land Use Public Hearings
(PDF, 62 KB)
From: Councilmember Worthington
Recommendation: Consider two options to
improve scheduling and noticing of land us public hearings: 1) to publicly
notice and indicate in the agenda a set time that a land use public hearing
would begin at City Council Meetings; or 2) to separate and hold individual
Council meetings at a specifically noticed time for land use related public
hearings.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
26.
Oppose HR 4437: Federal Anti-immigrant Legislation
(PDF, 68 KB)
From: Councilmember Worthington
Recommendation: Oppose the passage of
House Resolution 4437, Border Patrol, Antiterrorism, and Illegal Immigration
Control Act of 2005, now before the Senate.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
27.
Support Proposition 82, Public Preschool Education
(PDF, 322 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 82, a
ballot initiative on the June 6, 2006 Primary Election ballot, which would
establish a right to voluntary public preschool education for four-year-old
children funded by a 1.7% tax on individuals earning above $400,000 and couples
earning above $800,000.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
28.
Stop Doubling of Plutonium Storage and Usage at Livermore Labs
(PDF, 246 KB)
From: Councilmember Worthington
Recommendation: Urge the U.S. Department
of Energy (DOE) to stop the proposed doubling of the plutonium storage limit at
Livermore National Lab and call on Congress to deny funding for additional
plutonium at Livermore Lab.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
29.
Limited Tuolumne Camp Staff Report
(PDF, 412 KB)
From: Auditor
Recommendation: Request the City Manager
to report back before the end of December 2006 regarding the implementation
status of each of the City Auditor's recommendations in the attached report,
Limited Tuolumne Camp Staff Report, and to continue to report back every six
months thereafter, until all recommendations have been implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
30.
Amendments to Berkeley Municipal Code Regarding the Auditor's
Office (PDF, 250 KB)
From: Auditor
Recommendation: Adopt the first reading of
an Ordinance repealing Berkeley Municipal Code Chapter 2.24 and reenacting a
new Chapter 2.24 to implement the Charter duties and authority of the City
Auditor relating to audit activities, administration, and oversight.
Financial Implications: Up to 3 percent of annual budgeted audit payroll
Contact: Ann-Marie Hogan, City Auditor 981-6750
31.
Lawrence Berkeley National Laboratory Site Restoration and
Deed Restriction
a. From:
Community Environmental Advisory Commission (PDF, 76 KB)
Recommendation: Direct City Manager to: 1) write a letter to Lawrence Berkeley National
Laboratory (LBNL), University of California Office of President Dynes, the
Department of Toxic Substances Control (DTSC), the Regional Water Quality
Control Board (RWQCB), and the Department of Energy to ask for clarification
regarding their process for LBNL site restoration specifically the role,
intent, clean-up goals, timetable and budget and 2) ask
UC President Dynes to deny requests made for any form of land or water use
restrictions (such as deed restrictions), with regard to cleanup of
contamination at LBNL.
Financial Implications: See report
Contact:
Nabil Al-Hadithy, Secretary, 981-7461
b. From:
City Manager
Recommendation: The City Manager concurs with the content and recommendation of the
Community Environmental Advisory Commission (CEAC) and wishes to add background
information for clarification purposes.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action Calendar – Discussion
33.
Landmarks Preservation Ordinance (Continued from February 21, 2006)
a. From:
Mayor Bates (PDF, 40 KB) (March
7, 2006)
Recommendation: Allow time for Council discussion and to provide direction to staff.
Contact: Tom Bates, Mayor, 981-7100
b. From:
Mayor Bates (February
14, 2006)
Recommendation:
Conduct a public
hearing to allow for citizen input regarding the Landmarks Preservation
Ordinance.
Contact: Tom Bates, Mayor, 981-7100
c. From:
Mayor Bates (November
29, 2005)
Contact: Tom
Bates, Mayor, 981-7100
d. Revised
Landmarks Preservation Ordinance (July 12, 2005)
From: City Manager
Recommendation: Adopt first reading of one of two ordinances, or a variant thereof, as
recommended by either the Planning Commission or Landmarks Preservation
Commission to repeal and reenact BMC Chapter 3.24 (Landmarks Preservation),
amend BMC sections 23.B24.030, 23B.32.050 and 23C.08.050 and repeal Chapter
19.20; or, alternatively, provide direction to staff to prepare an alternative
ordinance to bring back to Council.
Financial Implications: Staff time.
Contact: Dan Marks,
Planning, 981-7400
e. Communications
(March 7, 2006)
1.
None.
f.
Communications (February 14, 2006)
1. Robert
Johnson, Landmarks Preservation Commission
2.
John S. English
g. Supplemental
Reports and Communications #1 (February 14, 2006 – Numbering follows original sequence)
1. J.
Michael Edwards, McGee-Spaulding-Hardy Historical Interest Group
2. Sharon
Hudson (10)
3. Wendy
Alfsen, McKinley Addison Allston Grant Neighborhood Association
4. Robin
Wright and Amnuay Amuaydejkorn
5. Stephen
Wollmer
6. Joan
V. Barnett, Dwight/Hillside Neighborhood Association
h. Supplemental
Reports and Communications #2 (February 14, 2006 – Numbering follows original sequence)
7. Carl
Friberg
8. Wendy
Markel, The Berkeley Architectural Heritage Association
9. Wendy
Markel
10. Jerry Wachtel,
Panoramic Hill Association
11. Laurie Bright,
Council of Neighborhood Associations
12. Shirley Dean
13. George Beier,
Willard Neighborhood Association
14. Peter Schorer
15. John Curl, Mary
Lou Vanderventer, Laurie Bright and Rick Auabach, West Berkeley Artisans and
Industrial Companies Association
16. Danielle Thompson
17. West Berkeley
Business Alliance
18. Jennifer L.
Hernandez, Holland and Knight LLP
19. Kristin Leimkuhler
20. Marie Bowman, BANA
i.
Communications (February 7, 2006 – Numbering follows original sequence)
21.
David Early, Livable Berkeley, submitted by Jennifer Phelps
Quinn
j.
Supplemental Reports and Communications #1 (February 7, 2006 –
Numbering follows original sequence)
18. Sharon Hudson
19.
Micheal Katz
20.
Dean Metzger, Claremont Elmwood Neighborhood Association
21.
Daniella Thompson, Northside Neighborhood Association
22.
Robin Wright
k. Supplemental Reports and Communications #2 (February 7, 2006 –
Numbering follows original sequence)
34. Presentation
materials, submitted by Carrie Olson on behalf of Landmarks Preservation
Commission
l.
Communications (January
17, 2006 – Numbering follows original
sequence)
1. Gale
Garcia
