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Agenda
Committee Item #5 |
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Only Commission and Councilmember Reports are posted at this time. City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. Note:
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DRAFT AGENDA
BERKELEY CITY COUNCIL MEETING
tuesday, December 12, 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 Pamyla Means,
City Clerk, 981-6900. The Council may take action on any item on the agenda.
Preliminary Matters
Roll
Call
Ceremonial
Matters: In
addition to those items listed on the agenda, the Mayor may add additional
ceremonial matters.
1. Swearing in of elected officials.
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
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. Confirming the Results of the November 7, 2006 General Municipal Election
From: City Manager
Recommendation: Adopt a Resolution
confirming the results of the November 7, 2006 General Municipal Election and
declaring the passage of : Measure E – Rent Board Vacancy Charter Amendment;
Measure F – Resolution, General Plan Amendment (Gilman Playing Fields); Measure
G – Advisory Resolution, Greenhouse Gas Emissions Reduction; and Measure H –
Advisory Resolution, Impeachment of President Bush and Vice President Cheney.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 27, 2006 (joint
City Council/Police Review Commission special closed) and November 28, 2006
(regular).
Financial Implications: See report
Contact: Pamyla Means, City Clerk, 981-6900
3. Grant: Rescuing/Sheltering Animals
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to allocate the community
grant for rescuing/fostering animals from the Berkeley Animal Care Shelter to
Home at Last Rescue (HAL) and to execute a contract and any amendments with
this non-profit animal rescue organization for the period January 1, 2007
through June 31, 2009 in an amount not to exceed $72,750.
Financial Implications: See report
Contact: Kate O’Connor, Animal Services, 981-6601
4. Contract: Turtle Island Monument Artwork
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend contract with Scott K. Parsons for
design, development and installation of the Turtle Island Monument at the Civic
Center Park Fountain, increasing the amount by $3,700, for an amount not to exceed
$37,700.
Financial Implications: FY2007 Public Art Fund -
$3,700
Contact: Michael Caplan, Economic Development, 981-7000
5. Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution 1)
approving the plans and specifications for the Sanitary Sewer Project located
at San Diego Road, Somerset Place, Halcyon Court and Webster Street; and 2)
authorizing the City Manager to execute a contract and any amendments with
Darcy and Harty Construction, Inc., in an amount not to exceed $397,658, for a
term of 170 calendar days from the date of the execution of the contract.
Financial Implications: Sewer CIP Fund - $397,658
Contact: Claudette Ford, Public Works, 981-6300
6. Grant Application: West Street Path Extension
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit an application to Caltrans’ FY 07-08
Bicycle Transportation Account (BTA) for a grant in the amount of $787,500 to complete the West
Street Multi-use Path; and authorizing the City Manager to execute related
grant agreements and any amendments, and accept these grant funds, if awarded.
Financial Implications: Revenue: $787,500; Measure
B Bicycle and Pedestrian Funds - $87,500
Contact: Claudette Ford, Public Works, 981-6300
7. Contract: Expand Pay and Display Program
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to the agreement with Cale
Parking Systems USA, Inc., to 1) initiate Phase 3 of the parking pay stations program
to include the Berkeley Way and Elmwood parking lots, in an amount not to
exceed $172,000, 2) implement on-line real time credit card processing at
current and proposed pay stations in an amount not to exceed $55,000; and 3)
increase the four-year operating costs for Phase 1 to $242,412, for a new
contract total not to exceed $1,294,044.
Financial Implications: Parking Meter and Off-Street Parking Funds - $469,412
Contact: Claudette Ford, Public Works, 981-6300
8. Contract: Eco Pass Transit Program
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an agreement and any amendments with
the Alameda-Contra Costa Transit District (AC Transit) for the continuation of
the Eco Pass Transit Program for City employees in an amount not to exceed
$200,000 for the period January 1, 2007 through December 31, 2008.
Financial Implications: Payroll Deduction Trust Fund - $200,000
Contact: Claudette Ford, Public Works, 981-6300
9. Ed Roberts Campus Transportation for Livable Communities (PDF, 21 KB)
From: Mayor Bates, Councilmembers Anderson and Worthington
Recommendation: Adopt a Resolution of local support authorizing the filing of an
application for federal Surface Transportation Program (STP) and/or Congestion
Mitigation and Air Quality Improvement (CMAQ) funding and committing the
necessary non-federal match and stating the assurance to complete the project.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100; Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170
10. Term Limits for Commissioners (PDF, 21 KB)
From: Councilmembers Capitelli and Olds
Recommendation: Direct staff to draft an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.02 to limit an
individual’s service on any single commission to eight years in any ten year
period and to limit commission service to one commission at a time.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150; Betty Olds, Councilmember, District 6, 981-7160
11. University of California’s Southeast Campus Integrated Project (PDF, 30 KB)
From: Councilmember Capitelli
Recommendation: Request the City Manager develop a Request for Proposal (RFP) for hiring
a consulting firm to assist the City: 1) in articulating and refining its
concerns regarding deficiencies in the University of California’s SCIP
Development Plan; and 2) in communicating those concerns with the larger UC
community.
Financial Implications: To be determined by the City Manager’s RFP.
Contact: Laurie Capitelli, Councilmember District 5, 981-7150
12. Prohibition of City Memberships in Organizations Participating in Electoral Politics (PDF, 11 KB)
From: Councilmember Spring
Recommendation: Request the City Manager draft a policy that will prohibit City
memberships in organizations that participate in electorial politics such as
the Berkeley Chamber of Commerce.
Financial Implications: See report
Contact: Dona Spring, Councilmember, District 4, 981-7140
13. Extension of the Waterfront Commission (PDF, 85 KB)
From: Waterfront Commission
Recommendation: Adopt first reading of an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.070 extending the
term of the Waterfront Commission to December 31, 2011.
Financial Implications: Minimal.
Contact: Marc Seleznow, Parks, Recreation and Waterfront
Action Calendar – Appeals
14. Zoning Adjustments Board Appeal: 2224 Roosevelt Avenue
a. From: City Manager
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve 1) the
conversion of an existing duplex at 2224 Roosevelt Avenue to a single family
dwelling, and 2) the relocation of one of the existing units within the duplex
to a new 462 square foot detached building at the rear of the lot, and
dismissing the appeal.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Gale Garcia
c. Communications
1.
Action Calendar – Public Hearing
15. Parking Meter And Pay-And-Display Station Fees
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of
an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking
Meter and Pay-and-Display Station Fees to increase the rate to $1.00 per hour,
effective March 5, 2007.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
16. Soft Story Ordinance
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the second reading
of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 19.39, Soft
Story Ordinance, to adopt the American Society of Civil Engineers Standard 31
(ASCE-31) - “Seismic Evaluation of Existing Buildings”, 2003 Edition, for the
required seismic analysis of a non-wood frame ground story.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development 981-7400
Action Calendar – Old Business
17. Off-Label Use of the Drug Cytotec (held over from November
28, 2006 by Councilmember Maio)
From: City Manager
Contact:
Fred Medrano, Health and Human Services, 981-5100
18. Cultural Use Requirements, Gaia Building (held over from November 14, 2006 by Councilmember Maio)
From: City Manager
Recommendation: Adopt a Resolution establishing performance standards for use of cultural
space at the Gaia Building, terminating Zoning Adjustments Board proceedings,
and establishing a reporting schedule.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action Calendar – New Business
19. Settlement Agreement: University of California - 2020 LRDP
From: City Manager
Recommendation:
Adopt a Resolution
clarifying and reaffirming the Council's intentions with regard to
implementation of the Settlement Agreement with the University of California
concerning the University's 2020 Long Range Development Plan.
Financial Implications: None
Contact: Manuela Albuquerque, City
Attorney, 981-6950
20. Oxford Plaza and Brower Center
From: City Manager
Recommendation:
Financial Implications
Contact: Stephen Barton, Housing, 981-5400
21. Panoramic Hill Planning
From: Councilmember Wozniak
Recommendation: Adopt a Resolution approving an amendment to the FY 2007 budget to add
$5,000 to initiate the first phase of a $50,000 effort for the Panoramic Hill
neighborhood.
Financial Implications: $5,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Information Reports
22. Audit: Contract Compliance
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
23. Audit: Limited Tuolumne Camp Staff Review
From: City Manager
Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
24. Landmarks Preservation Commission Notice of Decisions: 1) 2300 Shattuck Avenue; 2) 147 Tunnel Road
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
25. Landmarks Preservation Commission Notice of Decisions: 1) 2128-2130 Center Street; 2) 1340 Arch Street
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
26. Fee Deferral: Allston House, 2121 Seventh Street
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
27. Audit: Parking Enforcement Operations
From: City Manager
Contact: Douglas N. Hambleton, Police, 981-5700
28. Quarterly Crime Report
From: City Manager
Contact: Douglas N. Hambleton, Police, 981-5705
29. Audit: Clean Storm Water, Landscape and Park Maintenance
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
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 (or Agenda Item) Title
1. Author
Adjournment
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.