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
