Agenda Committee Item #6
Council Draft Agenda - May 23, 2006

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Draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 23, 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.

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.   Ordinance Amendment: Business License Administrative Appeal

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 9.04.085.G, regarding the business license administrative appeal process.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.   Ordinance Amendment: Condominium Conversion - Continuation of the Affordable Housing Mitigation Fee

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 21.28.065.B.1, Condominium Conversion Ordinance, to continue the limit on the affordable housing mitigation fee at 12.5% of sales price and repealing the sunset on that limitation. 

Financial Implications: Unknown

Contact: Stephen Barton, Housing, 981-5400

3.   Disposition and Development Agreement: Oxford Street Development, LLC

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute the DDA and all other necessary documents to dispose of the Property pursuant to the terms and conditions of the DDA

4.   Calling for a Consolidated General Municipal Election for November 7, 2006

From: City Manager

Recommendation: Adopt a Resolution:  1) calling for a General Municipal  Election to be consolidated with the Statewide General Election to be held in Berkeley on November 7, 2006; 2) requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal  Election with the Statewide General Election; and 3) authorizing certain procedural and contractual actions.

Financial Implications: City Clerk Budget - $250,000

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

5.   Initiative Petition: Ordinance Amending Landmarks Preservation and Demolition Permit Application

From: City Manager

Recommendation: Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.

Financial Implications: See report

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

6.   Assessment: North Shattuck Business Improvement District

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the FY 2006 Annual Report of the North Shattuck Business Improvement District (BID); 2) declaring Council's intention  to levy an annual assessment for the North Shattuck BID for  FY 2007, and; 3) scheduling a  public hearing for June 20, 2006 to consider levying a renewed assessment for FY 2007.

Financial Implications: North Shattuck Business Improvement District Fund -  $164,000

Contact: Thomas A. Myers, Economic Development, 981-7530

7.   Contract: Artwork for West Berkeley Rail Stop and Transit Plaza

From: City Manager

Recommendation: Adopt a Resolution authorizing a contract and any amendments with John Wehrle to paint  a mural beneath the University Avenue overpass structure  on the east side of Fourth Street and, possibly, a small welcoming mural for the West wall of the train platform, for the  period of June 1, 2006 through June 30, 2007, in an amount not to exceed $43,550 for FY 2006.

Financial Implications: Redevelopment Agency Budget - $43,550

Contact: Thomas Myers, Economic Development, 981-7530

8.   Formal Bid Soliciations and Request for Proposals

From: City Manager

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

Financial Implications: Sanitary Sewer Fund -  $950,000

Contact: Fran David, Director, Finance Department, 981-7300

9.   Annual Purchase Order for Turnouts:  JAECO Fire and Safety

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an annual purchase order and  any amendments with JAECO Fire and Safety for the purchase of turnouts (i.e., protective  firefighting coats and trousers) beginning July 1, 2006 in an amount not to exceed $100,000 with option to extend for two additional fiscal years.

Financial Implications: General Fund - $100,000

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

10. Contract: Berkeley's Best Builders Green Building Consultation and Technical Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Build It Green (BIG), formerly the Green Resource Center (GRC), for Berkeley's Best Builders Green Building consultation and technical services, for the periodJuly 1, 2006 to June 30, 2008 in an amount not to exceed $60,000.

Financial Implications: Permit Service Center Fund - $ 60,000

Contact: Stephen  Barton, Housing, 981-5400

11. Grant: Agreement  for Low Income Energy Program  Revenues

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager or his  designee to execute a contract with the State Department of Community Services and Development to receive a U.S. Department of Energy Weatherization Assistance Program grant, in the amount of  $27,656 for  the period April 1, 2006 through January 31, 2007, to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and 3) authorizing the  City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: $27,656

Contact: Stephen  Barton, Housing, 981-5400

12. Grant: Measure B  Revenue

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $182,359 for Measure B annual pass-through funds for use during fiscal year 2007 to the  Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant  revenue.

Financial Implications: Measure B Paratransit Fund - $182,359

Contact: Stephen  Barton, Housing, 981-5400

13. Contract: Bay Trail Extension Construction  Documents

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with 2M Associates of Berkeley to prepare construction  drawings and bid documents for the first segment of the Bay Trail Extension to the Berkeley Marina in an amount not to exceed $126,560 for the period May 23, 2006 through December 31, 2007.

Financial Implications: See report

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

14. Contract: Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation

From: City Manager

Recommendation: Adopt a Resolution approving the Plans and Specifications for the Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation project; accepting the bid from McGuire & Hester, Inc.; authorizing the City Manager to execute  a contract with McGuire& Hester in an amount not to exceed $789,900 for the period June 1, 2006 to June 1, 2007.

Financial Implications: $789,900

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

15. Fee Waiver: Nurses, Contractors and Volunteers at Tuolumne and Echo Lake Camps

From: City Manager

Recommendation: Adopt a Resolution approving the policy to provide a waiver of camp fees for service providers and their families at Tuolumne and Echo Lake Camps Programs.

Financial Implications: See report

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

16. Final Map of Tract 7575: 2113 - 2119 Delaware Street

From: City Manager

Recommendation: Adopt a Resolution approving Final Map of Tract 7575, conversion of an existing eight-unit Tenancy-in-Common project at 2113 - 2119 Delaware Street to eight condominium units.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

17. Fees: FY 2007 Planning and Development

From: City Manager

Recommendation: Adopt a Resolution establishing a revised fee schedule for the Permit Service Center (PSC) and the Certified Unified Program Agency (CUPA) funds for development-related services provided by the Planning and Development Department  effective July 1, 2006 and rescinding Resolution No. 62,490-N.S.

Financial Implications: See report

Contact: Dan Marks, Planning and Development,  981-7400

18. Waiving Reimbursement for Police Testimony in Civil Action

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing 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 PoliceOfficers  in civil actions involving the elimination of public nuisance or illegal drug activity; 2) and rescinding  Resolution  57,530-N.S .

Financial Implications: See report

Contact: Douglas  N. Hambleton, Police, 981-5700

19. Congestion Management Agency Allocation: Spruce Traffic Safety Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) execute an agreement with the Alameda County Congestion Management Agency (CMA) and accept a Transportation Improvement Program allocation in the amount of $100,000 for the period of June 1, 2006 toJune 30, 2008 for the Spruce Traffic Safety Project between Rose and Vine Streets; and 2) appropriate the funding necessary to implement the project prior to receipt of the allocation, which will occur when the CMA has  the funds to transfer, anticipatedto be FY 2008.

Financial Implications: Clean Air Transportation Fund - $100,000 Revenue

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

20. Final Tract Map  7650: 3075 Telegraph Avenue

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map  7650, a fifteen-unit residential and commercial condominium project located at 3075 Telegraph Avenue.

Financial Implications: None

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

21. Purchase Order: Vehicle Replacement

From: City Manager

Recommendation: Adopt a Resolution 1) accepting the State of California  Contract No. 1CCS-05-23-14B  bid procedures to satisfy the requirement of the City of Berkeley Charter Section 67-Expenditures in excess of the limitation established by ordinance; and 2) authorizing the  City Manager to execute a purchase order with Folsom Lake Ford for thirteen pursuit vehicles for the police department and one vehicle for the fire department in an amount not to exceed $367,225.

Financial Implications: Equipment Replacement Revenue Fund - $367,225

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

22. Contract: Sanitary Sewer Project

From: City Manager

Recommendation: Adopt a Resolution to: 1) approve plans and specifications for the Sanitary Sewer Project located at Bolivar Drive, Addison Street, Bancroft Way, Shattuck Square, University Avenue, Walnut Street and Sixth Street; 2) accept the bid  of Darcy and Harty Construction, Inc.; and, 3) authorize the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $1,197,218 for a period of 220 calendar days.

Financial Implications: Sanitary Sewer Fund -   $1,197,218

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

23. FY 2007 Transportation Development Act Article 3 Fund Allocation

From: City Manager

Recommendation: Adopt a Resolution 1) authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in the amount of $151,173 in FY 2007 for two projects: a) Bicycle/Pedestrian Safety Education program: and, b) the Ninth Street Bicycle Boulevard extension; and authorizing the City Manager to accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the projects, subject to securing the funds; and 2) declaring  that the City of Berkeley is eligible to request an allocation  of TDA Article 3 funds pursuant to Section 99234 of the Public UtilitiesCode;thatthere is no pending or threatened litigation that might adversely.

Financial Implications: MTC Fund - $ 151,173  Revenue

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

24. Contract: Street Rehabilitation FY 2006 Phase  3 Project

From: City Manager

Recommendation: Adopt a Resolution 1) approving plans and specifications for the Street Rehabilitation FY 2006 Phase 3 Project, 06-10125-C; 2) accepting the bid of Gallagher & Burk, Inc.;  and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until  completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $701,423 for the period of 120 calendar days from June 26, 2006 through  October 23, 2006.

Financial Implications: Various Funds - $701,423

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

25. Tieback Mitigation & Right-of-Way Improvement Fund Revenues

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to establish a Tieback Mitigation  and Right-of-Way Improvement Fund; 2) accepting payment  from C. Overaa & Co., in the amount of $211,500; and 3) establishing a corresponding expense appropriation for the same amount.

Financial Implications: Tieback Mitigation  Fund - $211,500 Revenue

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

26. Budget Referral:  Set Aside Funds for Ballfield and Farmers Market Relocation Costs (PDF, 114 KB)

From: Councilmembers Wozniak and Olds

Recommendation: Refer to the budget process a  recommendation that the City Manager set aside $1,000,000 to provide funds for costs  associated with the closed Derby Street playing field option. Costs would include costs associated with relocating the Farmers Market to adifferent portion of the site and  relocation and infrastructure improvements associated with closing Derby Street.   Spending of funds contingent  upon approval of the EIR and selection of the closed Derby Street option.

Financial Implications: $1,000,000

Contact: Gordon Wozniak, Councilmember District 8, 981-7180; Betty Olds, Councilmember District 6, 981-7160

27. Assessment: Elmwood Theater Business Improvement Area (PDF, 143 KB)

From: Elmwood Advisory Board

Recommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater  Business Improvement Area for  FY 2006; 2) declaring an intention to levy annual assessments in the Improvement Area for FY 2007; and 3) setting a public hearing on thelevy of assessments for June 20, 2006.

Financial Implications: See rport

Contact: Dave Fogarty, Secretary, 981-7530

28. Ballot Measure: Amend City Charter to Revise the  Process for Filling Vacancies on the Rent Stabilization Board  (PDF, 191 KB)

From: Rent Stabilization Board

Recommendation: That Council follow the recommendation of the Rent Stabilization Board and the 4x4 Joint Committee on Housing and direct the City Attorney to prepare the text of a ballot measure  for placement on the November 2006 ballot that would amend Section 12.2, Vacancy in Office of Rent Stabilization Board Commissioner, of Article V of the Berkeley City Charter to provide that a vacancy on the Rent Stabilization Board will be filled by vote of the remaining Commissioners, thereby eliminating the possibility of holding a special election to fill the vacancy.

Financial Implications: See report

Contact: Jay Kelekian, Rent Stabilization Board, 644-6128

29. Letter of Support  to BUSD - School Gardens and Garden Cooking Programs (PDF, 147 KB)

From: Youth Commission

Recommendation: That the City Council write a  letter to the Berkeley Unified  School District (BUSD) encouraging them to maintain the current school gardens and continue to apply for State grants for  the garden cooking programs at all the middle and elementary schools.

Financial Implications: None

Contact: Rio Bauce, Berkeley Youth Commission, 981-6700

30. Audit: Association For Sports Field Users (PDF, 378 KB)

From: Auditor

Recommendation: Request the City Manager to report back on or before November 28, 2006, and every six months thereafter, regarding the implementation status of each recommendation for the Parks, Recreation and Waterfront  Department in the attached City Auditor's report, Audit of The Association For Sports Field Users, until each recommendation is fully implemented.

Financial Implications: None

Contact: Ann-Marie Hogan, Office of the City Auditor, 981-6750

Action Calendar - Presentations

31. Presentation: Recommendations for Creeks Ordinance Revisions

a.   From: City Manager

Recommendation: Discuss recommendations for revisions to the Creeks Ordinance (BMC Chapter 17.08 – Preservation and Restoration of the Natural Watercourses) and determine if there are remaining issues and questions in anticipation of providing direction to staff after a special Council meeting and public hearing to be held on May 30, 2006.

Contact: Dan Marks, Planning and Development,  981-7400

b.  From: Planning Commission (PDF, 482 KB)

Recommendation: That if the City Council accepts the Task Force recommendations, the revised ordinance reflect the Planning Commission concerns listed in this report.

Contact: Dan Marks, Planning and Development, 981-7400

32. Presentation: City Infrastructure Report (Public Works Program)

From: City Manager

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

Action Calendar – Election Matters

33. Discussion and Direction to Staff and Timeline regarding Ballot Measures

From: City Manager

Recommendation: Hold a discussion and provide direction to staff regarding the preparation of any Council sponsored ballot measures to be placed on the ballot for the November 7, 2006 General Municipal Election.

Financial Implications: See report

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

34. Ballot Measure: Community Choice Aggregation

From: City Manager

Recommendation: Provide the City Manager with direction on: (1) whether or not to proceed with a ballot initiative on Community Choice Aggregation (CCA) in November 2006; (2) if so, to direct the  City Manager to prepare the ballot language; and (3) to provide directionon the tone and  approach of the ballot language to be developed.

Financial Implications: None

Contact: Stephen  Barton, Housing Department, 981-5400

35. Clean Money Ballot Measure (PDF, 86 KB)

From: Councilmember Worthington

Recommendation: Consider placement on the November 7, 2006 election ballot, of a campaign finance reform item providing for public finance of future Berkeley elections.

Financial Implications: Approximately $10,000 to place a ballot measure on a consolidated election.

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

36. Notice to the Public Regarding Signatures In-Lieu of Filing Fees for the November Election (PDF, 76 KB)

From: Councilmember Worthington

Recommendation: Inform the public about the City's policy for local candidates to allow signatures in-lieu of the filing fee.

Financial Implications: None

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

Action Calendar – New Business

37. West Berkeley Bowl (920 Heinz Avenue)

From: City Manager

Recommendation: Request that the City Council:1) adopt a resolution to certify the Zoning Adjustments Board’s action regarding the  West Berkeley Bowl project for  review: and 2) set a public hearing for June 13, 2006 to consider the entire project (both  the General Planand Zoning amendments and the Use Permit) and the Environmental Impact Report.

Financial Implications: See report

Contact: Dan Marks, Planning and Development,  981-7400

38. Municipal Code Amendment and Fine Reduction Regarding Bicycles on Sidewalks

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Section 14.68.370 of the Berkeley Municipal  Code, to reclassify the unlawful riding of a bicycle on a sidewalk from a misdemeanor to an infraction, and direct the City Manager to request the Alameda County Superior Court to lower the base fine for a violation of BMC 14.68.370 from $75  to $10.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

39. By Right Reconstruction of Homes After a Disaster (PDF, 124 KB)

From: Mayor Bates and Councilmembers Olds, Wozniak and Capitelli

Recommendation: Direct the Planning Commission to review our home rebuilding policy (especially in the event of a major disaster) and examine changing it to allow a homeowner to rebuild their house in its existing location and in the same size with a "by right" permit unless serious engineering or ground stability complications exist.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100; Betty Olds, Councilmember, District 6, 981-7160, Gordon Wozniak, Councilmember District 8, 981-7180 and Laurie Capitelli, Councilmember District 5, 981-7150

40. Allocation of $1,000,000 from the General Fund to the Housing Trust Fund

a.   From: Homeless Commission (PDF, 204 KB)

Recommendation: Approve the City Manager’s Fiscal Year 2007 Proposed Community Agency Allocations for Homeless Programs requires and expenditure of $215,521 in Community Development Block Grant, $173,556 in Community Services Block Grant, $128,591 in Emergency Shelter Grant, and $1,728,755 in General Funds for a total allocation of $2,322,471.

Financial Implications: See report

Contact: Jane Micallef, Secretary to Homeless Commission, 981-5426

b.      From: Housing Advisory Commission (PDF, 143 KB)

Recommendation: Consider allocating $1,000,000 from the General Fund to the Housing Trust Fund for Fiscal Year 2007.

Financial Implications: See report

Contact: Oscar Sung, Secretary to the Housing Advisory Commission, 981-5426

c.       From: City Manager

Recommendation: Refer to the budget process.

Financial Implications:: See report

Contact: Stephen Barton, Housing, 981-5400

 

Information Reports

41. Timeline: Initiative Petitions

From: City Manager

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

42. Customer Service  Level Evaluation

From: City Manager

Contact: Fran David, Finance, 981-7300

43. Community Choice Aggregation Issues

From: City Manager

Contact: Stephen  Barton, Housing, 981-5400

44. Results of Annual Management Audit (PDF, 2MB)

From: Mayor Bates

Contact: Tom Bates, Mayor, 981-7100

45. Donation: Portrait of Frances Albrier at Community Event (PDF, 128 KB)

From: Parks and  Recreation Commission

Contact: Margie Gurdziel, Parks and Recreation Commission, 981-6700

46. LPC NOD: 2667-2669 Le Conte Avenue - Landmark Designation

From: City Manager

Contact: Dan Marks, Planning and Development,  981-7400

47. Tentative Tract  Map 7689: 2599 Telegraph Avenue - Certification 

From: City Manager

Contact: Dan Marks, Planning and Development,  981-7400

48. Tentative Tract  Map 7562: 2025 Channing Way, Berkeley - Certification and Review

From: City Manager

Contact: Dan Marks, Planning and Development,  981-7400

49. Tentative Tract  Map 7726: San Pablo Avenue -  Certification and Review of Planning Commission Approval

From: City Manager

Contact: Dan Marks, Planning and Development,  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. All communications submitted to Council are public record.

Communication

1.      None

 

Adjournment