Agenda Committee Item #4c
Council Draft Agenda - February 27, 2007

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draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 27, 2007

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, MMC, 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.

1. Proclamation for Cazadero Performing Arts Camp

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.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

 

Public Comment on Consent Calendar Items Only

 

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.     BAPAC Alcohol Regulations – Social Host (First reading – January 30, 2007 – Noes – Worthington; Abstain – Maio, Continued from February 13, 2007)

From: City Manager

Recommendation:  Adopt second reading of Ordinance 6,968–N.S adding new Chapter 13.49 to the Berkeley Municipal Code (Social Host).

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.     Lease: 3282 Adeline Street (First reading – February 13, 2007)

From: City Manager

Recommendation: Adopt second reading of Ordinance 5,971-N.S authorizing the City Manager to execute a three-year lease agreement and any amendments with Mansour Taeed for real property located at 3282 Adeline Street for the purpose of leasing office space for the Family, Youth and Children's Program for the period March 15, 2007 through March 14, 2010 with an option to extend for an additional five-year period.

Financial Implications: Health (Short/Doyle) Fund - $121,303

Contact: Fred Medrano, Health and Human Services, 981-5100

3.     BAPAC Proposals—Follow-up Report on Second Response Ordinance Amendments

From: City Manager (Continued from February 13, 2007)

Recommendation: Adopt first reading of an Ordinance amending Sections 13.48.030, 13.48.040 and 13.48.050 of the Berkeley Municipal Code (Second Response Ordinance; Attachment 1-A.)

Financial Implications: See report.

Contact: Manuela Albuquerque, City Attorney, 981-6950

4.     Contract Amendment: West Berkeley Rail Stop Transit Plaza Public Art

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to Contract No. 7006 with artist John Wehrle to increase the contract amount by $15,000 for a total not to exceed $58,750.

Financial Implications: See report

Contact: Michael Caplan, Office of Economic Development, 981-7000

5.     Formal Bid Solicitations and Request for Proposals

From: City Manager

Recommendation: Approve the attached request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various Funds - $1,000,000

Contact: Robert Hicks, Finance, 981-7400

6.     Safety Members' Pension Fund Annual Reports for FY 2001 Through FY 2006

From: City Manager

Recommendation: That Council accepts the Safety Members Pension Fund (SMPF) annual reports for fiscal years ended June 30, 2001 through June 30, 2006.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

7.     Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority

From: City Manager

Recommendation: Adopt a Resolution accepting the Annual Investment Report, and renewing the delegation of authority to make investments to the Director of Finance.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

8.     "Cost Per Copy" Multifunction Copier Program with MBA of California

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into multiple purchase orders (POs) with MBA of California for a Citywide "Cost Per Copy" program for multifunction copiers, using the Terms and Conditions of Request for Proposal 06-10081-C, for the period February 1, 2007 through June 30, 2013, for amounts estimated not to exceed $300,000 annually based on the POs executed each year.

Financial Implications: Various funds $300,000 per year.

Contact: Robert Hicks, Finance, 981-7300

9.      Eliminate Title Company Retention of One-Third of the Real Property Transfer Tax Funds for Seismic Retrofit Program

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code, Section 7.52.060 § K (4) to eliminate the provision that up to one-third of the Real Property Transfer Tax be set aside in an escrow account pending completion of seismic retrofit work.  Amending the ordinance as recommended does not impact the seismic retrofit program in any way.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

10.  Contract Amendment:  Financial Advisory and Technical Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with The National Development Council (NDC) for financial advisory and technical services to increase the contract amount by $14,000 for an amount not to exceed $59,500.

Financial Implications: Capital Improvement Fund - $14,000

Contact: Stephen Barton, Housing, 981-5400

11.  Contract Amendment:  Peer Review Construction Cost Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Dabri, Inc. for financial peer review services to increase the contract amount by $40,000 for an amount not to exceed $90,580.

Financial Implications: Capital Improvement Fund - $40,000

Contact: Stephen Barton, Housing, 981-5400

12.  Contract: Civic Center Park Construction Support Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Amphion, Inc. for construction support services for the Civic Center Park Renovation and Rehabilitation Project in an amount not to exceed $47,980 for the period February 28, 2007 through June 30, 2007.

Financial Implications: Landscaping/ Assessment District Fund - $47,980

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

13.  Contract:  Planning Services - Vivian Kahn

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Kahn/Mortimer Associates for planning services, increasing the contract amount by $15,000 for a total not-to-exceed $50,644, and increasing the hourly rate from $85/hour to $100/hour.

Financial Implications: See report.

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

14.  Grant:  2006-07 Coordinated Program for Measure B, Regional Bicycle and Pedestrian Program, Bicycle

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit funding applications to the Alameda County Congestion Management Agency's 2006-07 Coordinated Program Grant for Measure B, Regional Bicycle and Pedestrian Program and Congestion Mitigation and Air Quality Funds; and execute related grant agreements and any amendments, and accept the grant funds, if awarded, for three grants:

1.      Downtown BART Plaza Project: $320,000

2.      Ashby-BART station/Ed Roberts Campus: $1,220,000

3.       Travel Choice: $396,000

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

15.  Access to Berkeley Police Department Information (PDF, 25 KB)

From: Councilmember Spring

Recommendation: That the City Manager return to Council within 60 days with a plan to provide the public access to Berkeley's Police Department information, including police reports, as required by state law.

Financial Implications: See report

Contact: Dona Spring, Councilmember, District 4, 981-7140

16.  Resolution to Eliminate Racial Discrimination (continued from January 30, 2007)

a. From: Councilmember Worthington

Recommendation: Adopt a resolution in support of enforcement of the Convention on Elimination of all forms of Racial Discrimination (CERD) and refer to the City Manager the polling and reporting of the City’s progress in eliminating racial discrimination.

Financial Implications: Relatively small.

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

b. Information Report from Peace and Justice Commission (February 27, 2007)

Contact: Manuel Hector, Jr., Commission Secretary, 981-5110

17.  Follow-Up Audit of Public Works Construction Contracts (PDF, 161 KB)

From: Auditor

Recommendation: Request the City Manager to report back on or before September 26, 2007, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.

Financial Implications: See report.

Contact: Ann-Marie Hogan, City Auditor, 981-6750

18.  Hornblower Cruises and Events Labor Dispute and Boycott (PDF, 78 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution endorsing the boycott of Hornblower Cruises and Events, including their Alcatraz Cruises subsidiary, and supporting the efforts of displaced workers of the Blue & Gold Fleet by encouraging Hornblower Cruises and Events to engage in positive negotiations with former Blue & Gold fleet workers.

Financial Implications: See report

Contact: Delfina Geiken, Commission Secretary, 981-7000

19.  Shattuck Cinemas Labor Dispute (PDF, 77 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution supporting Shattuck Cinema employees in their efforts to organize, and encouraging Landmark Theater Company resolve the dispute in a timely manner.

Financial Implications: None.

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

20.  University Of California Berkeley Parking Increases For Staff And Faculty (PDF, 439 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution affirming opposition to parking fee increases for University of California employees and encouraging the University of California to explore affordable mass transit options for its faculty and staff.

Financial Implications: None.

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

21.  Reappointment to the Mental Health Commission (PDF, 76 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution reappointing Allan Maris to the Mental Health Commission, as an Albany resident of the General Public Interest Category, for a three-year term beginning March 10, 2007 and ending March 9, 2010.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

22.  Opposing the Use of Cluster Munitions and Other Weapons (PDF, 74 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution supporting 1) the Cluster Munitions Coalition's campaign against the use of cluster munitions by sending a  letter to the Norwegian Ministry of Foreign Affairs thanking Norway for taking the initiative to organize an international ban on cluster munitions that have unacceptable humanitarian consequences; 2) the campaign against the use of depleted uranium weapons by signing the petition of the International Coalition to Ban Uranium Weapons; and 3) sending a letter to President Bush condemning the manufacture, sale,  and use of cluster bombs, depleted uranium weapons, and white phosphorus incendiary weapons.

Financial Implications: None.

Contact: Manuel Hector, Jr., Commission Secretary, 981-5110

Public Comment – Items Not Listed on the Agenda

 

Action Calendar – Appeals

23.  ZAB Appeal: 1842 Euclid Avenue

From: City Manager

Recommendation:

1. Adopt a Resolution affirming the ZAB’s decision to approve a carry-out food service store; or

2. Set the matter for a public hearing.

Financial Implications: None

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

Appeal

1.      Donn M. Gurule

Communications

1.      Petition containing 311 signatures, submitted by Donn M. Gurule

2.      Fr. Mario DiCicco

24.  ZAB Appeal: 2817 Eighth Street

From: City Manager

Recommendation: Remand the matter to the ZAB to reconsider the project as being subject to the City’s inclusionary housing requirements, as described in this report.

Financial Implications: None

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

Appeal

1.      Edward Adams

25.  ZAB Appeal: 1406 San Pablo Avenue

From: City Manager

Recommendation: Adopt a Resolution affirming ZAB decision to allow nine parking spaces where 10 spaces were required under the approved Use Permit for the project.

Financial Implications: None

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

Appeal

1.      John McCrane

 

Action Calendar – Public Hearings

26.  Fees: 2007 Camps Programs

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution with an updated fee schedule for Tuolumne, Echo Lake, and Berkeley Day Camps containing one new fee, several reduced or eliminated fees, and rescinding Resolution No. 63,216-N.S.

Financial Implications: See report

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

27.  Extend Residential Permit Parking Program

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25C, 25M and 25N of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking.

 Financial Implications: Measure B - Local Street and Road Fund - $5,000

 Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

28.  Zoning Ordinance (BMC Title 23) Amendment: Eliminating 4 Plus 4 Inclusionary Units Exception (held over from January 30, 2007)

From: City Manager

Recommendation: Adopt first reading of an Ordinance to (1) amend Berkeley Municipal Code (BMC) Sections 23C.12.020 and 23E.20.080 to require projects with a total of five or more residential units and live/work units (but not five or more live/work units) to provide inclusionary units equivalent to 20% of the total number of units and pay in-lieu fees for fractional portion of the required inclusionary units; and (2) modify BMC Section 23E.20.080 to require all inclusionary live/work units be dispersed throughout the project and be comparable to the size, design and appearance of non-inclusionary units.

Financial Implications: None

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

Action Calendar – New Business

29.  FY 2007 Second Quarter Budget Workshop and Adoption of Mid Year Budget Appropriations

From: City Manager

Recommendation:

1. Adopt a Resolution allocating anticipated, one-time General Fund revenue of $2,000,000 for specific one-time expenditures:

·        $1 million to restore Fire Department overtime through December 2008;

·        $200,000 for continued Telegraph Avenue improvements;

·        $100,000 for Measure G (Greenhouse Gas Initiative) program planning;

·        $500,000 for Economic Development investments;

·        $200,000 for the Public Safety System program upgrades and maintenance;

·        $1.3 million to be set aside for the deferred infrastructure maintenance and major repairs to be discussed during the FY 2008 & FY 2009 Biennial Budget process; and

2. Defer any recurring costs for consideration during the FY 2008 & FY 2009 Biennial Budget.

Financial Implications: See report.

Contact: Tracy Vesely, Budget Manager, 981-7000

30.  Evaluation of Telegraph Avenue Improvement Plan

From: City Manager

Recommendation: Accept the report and approve funding recommendations to continue the improvement efforts on Telegraph Avenue, and extend those efforts into the Downtown.

Financial Implications: See report.

Contact: Phil Kamlarz, City Manager, 981-7000

31.  Mobile Disaster Fire Protection System

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hytrans BV for portions of the Mobile Disaster Fire Protection System (MDFPS) in an amount not to exceed $4,700,000.

Financial Implications: Community Facilities District #1 Fire Protection Bond Fund - $4,700,000

Contact: Debra Pryor, Fire Department, 981-5500

32.  Zoning Ordinance Amendments: Procedural Changes to Streamline the Enforcement of Permit Violations

From: City Manager

Recommendation: Adopt first reading of an Ordinance to amend Berkeley Municipal Code (BMC) Chapters 23B.60, Compliance and Revocation, and 23B.64, Abatement of Nuisances.

Financial Implications: None.

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

33.  Supporting Prosecution of Donald Rumsfeld and Other Government Officials

a. From: Peace and Justice Commission (PDF, 76 KB)

Recommendation: Adopt a Resolution endorsing the case of Rumsfeld et al by joining the list of "co-plaintiffs".

Financial Implications: None

Contact: Manuel Hector Jr., Commission Secretary, 981-5110

b. From City Manager

Recommendation: That Council take no action on the proposed recommendation from the Peace and Justice Commission seeking that the City join in a criminal complaint asking a German prosecutor to investigate United States officials for the possible commission of crimes.

Contact: Fred Medrano, Health and Human Services, 981-5100

34.  License Agreement: Cal Sailing Club (PDF, 18 KB)

From: Waterfront Commission

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal of the License Agreement or a Lease with Cal Sailing Club (CSC) with no increase in fees.

Financial Implications: None

Contact: Cliff Marchetti, Secretary, Waterfront Commission, 981-6700

35.  Urgent Review Pacific Steel Casting

a. From: Community Environmental Advisory Commission (PDF, 86 KB)

Recommendation:

1. Approve funds to conduct a sampling program for lead and other heavy metals deposited on surfaces in the vicinity of Pacific Steel Casting (PSC) and in areas of north and west Berkeley;

2. Convene a public hearing by Council in March 2007 for the purpose of hearing from community members, public health experts, and others, on the impacts of PSC emissions and other practices on quality of life, health, enjoyment of property, and potential long-term health risks for children and other sensitive members of the community;

3. Direct staff to identify City codes that may be used to motivate and compel an immediate and significant reduction in polluting practices and reduced emissions of toxic air contaminants and other polluting substances from Pacific Steel Casting (PSC). Potential city codes that may be employed toward this goal include, but are not limited to, the following;

4. Under city authority, require that PSC use best management practices to achieve significant reduction in toxic substances and criteria air pollutants in its emissions

Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400 

b. From: City Manager

Recommendation: Approve only items 3 and 4 of the Community Environmental Advisory Commission recommendations on Pacific Steel Casting.

Financial Implications: See report

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


Information Reports

36.  Investment Report: Quarter Ended December 31, 2006

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

37.  CF: Berkeley Marina Ordinance Revisions and Updates

From: City Manager

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

38.  LPC Structural Alteration Permit NODs:  1) 1120 Second St.; 2) 1987 Ashby Ave.; 3) 2114 Center St.

From: City Manager

Contact: Dan Marks, Planning and Development 981-7400

39.  Response To LBNL Proposed 2006 Long Range Development Plan And Draft Environmental Impact Report

From: City Manager

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

40.  Interstate 80 (I-80) Integrated Corridor Mobility Project

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

41.  Crisis Intervention Training (PDF, 87 KB)

From: Mental Health Commission

Contact: Carol Patterson, Commission Secretary, 981-5217

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.