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Agenda
Committee Item #4c |
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draft AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 20, 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, 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.
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. Clerk to add 2nd Reading of Ordinances
2. BAPAC Proposals - Second Follow-up Report
From: City Manager
Recommendation: That Council 1. Adopt
first reading of an ordinance amending Berkeley Municipal Code (BMC) Sections
13.48.030, 13.48.040 and 13.48.050 (Second Response Ordinance); 2. Adopt first
reading of ordinance adding new BMC Chapter 13.49 (Social Host Ordinance.)
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney 981-6950
3. Cleanup Amendments to Taxi Ordinance
From: City Manager
Recommendation: Adopt first reading of an
ordinance amending BMC Sections 9.52.020, 9.52.030, 9.52.040, 9.52.050 and
9.52.150 regarding taxi permits.
Financial Implications: None
Contact: Manuela Albuquerque, City Attorney 981-6950
4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for
the Council meetings of January 16, 2007 (regular), January 29, 2007 (closed),
January 30, 2007 (special and regular) and February 13, 2007 (special and
regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
5. Contract: Warm Water Pool Preliminary Design and Cost Estimate
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with ELS Architecture
and Urban Design, to provide architectural and engineering services for the
preliminary design and cost estimating for a new Warm Water Pool on Berkeley
Unified School District property at the corner of Milvia and Bancroft, in an
amount not to exceed $125,000 for all services and expenses for the term ending
December 31, 2007.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
6. Reexamine
Appropriate Zoning Districts for Medical Marijuana Dispensaries - Not submitted
From: Councilmember Moore
Recommendation: placeholder
Contact: Darryl Moore, Councilmember, District 2, 981-7120
7. Write-Off of Delinquent Accounts Receivable Owed by the Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution
authorizing the write-off of outstanding Sewer fees and Clean Storm Water fees
owed by the Berkeley Unified School District (BUSD).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
8. Sixth Annual Peace Lantern Ceremony (PDF, 63 KB)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution
endorsing the Sixth Annual Peace Lantern Ceremony to be held in Aquatic Park on
Sunday, August 5, 2007, and directing the City Manager to post the event on the
City's Community Calendar.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary, 981-5110
9. Reliable Replacement Warhead Program (PDF, 33 KB)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution
requesting that Representative Barbara Lee, and Senators Barbara Boxer and
Dianne Feinstein not support funding for the "Reliable Replacement Warhead
Program, or appropriations or other benefits to the civilian nuclear power
industry; and that the University of California not violate the Nuclear Free
Berkeley Ordinance.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary, 981-5110
From: Mayor Bates
Recommendation:
That the City
Council authorize the expenditure of up to $500 from the Mayor’s discretionary
budget to cover costs from the National Organization for Disability Award
Ceremony.
Financial Implications: Mayor's budget - $500
Contact: Tom Bates, Mayor, 981-7100
11. Commission Referral for Measure G Implementation (PDF, 80 KB)
From: Mayor Bates
Recommendation: That the City Council
request the following commissions each discuss how they can participate in
helping the City implement Measure G --
Community Environmental, Energy, Transportation, Planning, and Zero Waste.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
12. Contract: San Pablo Park Pathway and Frances Albrier Recreation Center Renovation Project
From: City Manager
Recommendation: Adopt a Resolution approving the Plans and Specifications for the San Pablo Park Pathway and Frances Albrier Recreation Center Renovation project; accepting the bid from Rosas Brothers Construction; authorizing the City Manager to execute a contract and any amendments with Rosas Brothers Construction in an amount not to exceed $523,250 which includes a 15% contingency for the period March 15, 2007 to December 31, 2007.
Financial Implications: Various Funds - $455,000
Contact: Mark Seleznow, Parks, Recreation and Waterfront, 981-6700
13. Contract: Gilman Street Sports Fields Project – Not
submitted
From: City Manager
Recommendation: placeholder to award construction
contract for Gilman project.
Financial Implications: $3.5 million in grant
funding.
Contact: Marc Seleznow, Parks Recreation and Waterfront, 981-6700
14. Lease Agreement: East Bay Regional Park District: Gilman Street Sports Fields – not submitted
Contact: Marc Seleznow, Parks Recreation and Waterfront, 981-6700
15. Waiver of Marina Berth Fees For Nonprofits - Exchange For Community Service (PDF, 4 MB)
From: Waterfront Commission
Recommendation:
Adopt a Resolution
to renew the waiver of berth fees at the Berkeley Marina for two non-profit
organizations: the Cordell Explorer and
the Pegasus Project.
Financial Implications: See report
Contact: Cliff Marchetti, Commission Secretary,981-6700
16. Final Map of Tract 7618: 1501 Oxford Street
From: City Manager
Recommendation: Adopt a Resolution
approving the final Tract Map 7618, a five (5) unit residential condominium
located at 1501 Oxford Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
17. Contract Amendment: Downtown BART Plaza & Transit Area Design Plan
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Community Design + Architecture Inc. (CD+A), increasing the amount from $90,000
to an amount not to exceed $150,000, and extending the termination date to
October 31, 2008.
Financial Implications: Measure B Fund - $60,000
Contact: Claudette Ford, Public Works, 981-6300
18. Final Tract Map 7674: 1414 Harmon Street
From: City Manager
Recommendation: Adopt a Resolution
approving the final map of Tract Map 7674, a seven unit residential condominium
located at 1414 Harmon Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
19. Parking Prohibition on West Frontage Road
From: City Manager
Recommendation: Adopt a Resolution
prohibiting parking for all vehicles and trailers (private and commercial) from
9 PM to 6 AM every day, including weekends and holidays, on the Bay Trail Park
parking area on the west side of West Frontage Road, from a point 1100 feet north
of the Berkeley-Emeryville city limits to a point 500 feet north thereof.
Financial Implications: Transportation Division budget - $800
Contact: Claudette Ford, Public Works, 981-6300
20. Purchase Order: Ten Police Vehicles
From: City Manager
Recommendation: Adopt a Resolution
accepting the City of Sacramento's bid procedures to satisfy the requirement of
Berkeley Charter Section 67, and authorizing the City Manager to execute a
purchase order with Downtown Ford in an amount not to exceed $260,370 to purchase
ten police patrol vehicles.
Financial Implications: Equipment Maintenance Fund - $260,370
Contact: Claudette Ford, Public Works, 981-6300
21. Contract Amendment: Elevator Maintenance for Telegraph/Channing Garage and Mall
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
ThyssenKrupp Elevator Corporation for elevator maintenance at the
Telegraph/Channing Garage and Mall, increasing the amount by $28,000 for a
total amount not to exceed $90,178 and extending the termination date to June
30, 2008.
Financial Implications: Off-Street Parking Fund - $28,000
Contact: Claudette Ford, Public Works, 981-6300
22. Contract: Landfill Postclosure Monitoring and Maintenance Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments,
extensions, or other change orders with SCS Engineers, in an amount not to
exceed $250,000, to provide engineering, monitoring, and maintenance services
for the landfill post closure to meet mandatory compliance requirements at
Cesar Chavez Park, for the period of April 1, 2007 to March 31, 2010, with an
option to extend the contract for an additional two one-year periods at a cost
of $90,000 per each additional one-year
period.
Financial Implications: Refuse Fund - $250,000
Contact: Claudette Ford, Public Works, 981-6300
23. Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Baker Street, Derby Street, Milvia Street, Sacramento Street, Tyler Street,
Hearst Avenue, Scenic Avenue, La Loma Avenue, and Highland Place; and
authorizing the City Manager to execute a contract and any amendments,
extensions or other change orders with Ranger Pipelines, Inc., until completion
of the project in accordance with the approved plans and specifications in an
amount not to exceed $455,994 for a
term of 190 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation Fund - $455,594
Contact: Claudette Ford, Public Works, 981-6300
24. Contract Amendment: Architectural Services for Hills Fire Station
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with Marcy
Li Wong Architects for architectural services for the Hills Fire Station,
increasing the contract amount by $13,815 for a new contract amount not to
exceed $518,451, with no change to the contract expiration date of December 31,
2006.
Financial Implications: Measure G Fund - $13,815
Contact: Claudette Ford, Public Works, 981-6300
25. Ashby
BART Station Development Proposal- not submitted
From: Mayor Bates
Recommendation:
Financial Implications:
Contact: Tom Bates, Mayor, 981-7100
26. Support Efforts to Maintain AB2034 Funding
From: City Manager
Recommendation: Adopt a Resolution supporting efforts to maintain AB2034 funding.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
27. Contract: Sustainable Berkeley: Fiscal Sponsor Community Energy Services Corporation (CESC)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract amendment (#7129)
with Community Energy Services Corporation (CESC) as the fiscal sponsor for
Sustainable Berkeley, for the period March 15, 2007 to December 31, 2008 in an
amount not to exceed $225.000 to develop the Measure G Green House Gas
Reduction Plan, as well as continue support for the implementation of the
Sustainable Business Action Plan and promotion of community sustainability
goals.
Financial Implications: See report
Contact: Stephen Barton, Housing , 981-5400
28. Application
For CalHome Funds- waiting for approval from City Manager
From: City Manager
Recommendation: Adopt a
Resolution authorizing the Housing Department to submit an application to the
State of California Department of Housing and Community Development (HCD) for
up to $600,000 in funding under the CalHome Owner-Occupied Rehabilitation
Program.
Financial Implications: See report
Contact: Stephen Barton, Housing , 981-5400
29. Grant: 2006 Regional Transportation Improvement Program – Augmentation for Gilman/I-80 Interchange Reconfiguration Project
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit an application to the Metropolitan
Transportation Commission or $1.5 million in funding from the 2006
Regional Transportation Improvement Program Augmentation for the
Gilman/I-80 Interchange Reconfiguration Project; accept the grant; and execute
any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
30. Holocaust Remembrance Day Proclamation (PDF, KB)
From: Councilmember Worthington
Recommendation: That the Berkeley City
Council adopts the Holocaust Remembrance Day proclamation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
31. Discretionary Budget Allocation To The Tibetan Cultural Center (PDF, 27 KB)
From: Councilmember Worthington
Recommendation:
That the
Berkeley City Council approve the expenditure of $5,000 to the Tibetan Cultural
Center capital campaign with funds from Councilmember Worthington’s
discretionary budget (D-13).
Financial Implications: Coucilmember Worthington's Budget - $5,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
32. Oppose Governor Schwarzenegger’s Budget Cuts To Education And Transportation (PDF, 27 KB)
From: Councilmember Worthington
Recommendation: That the
Berkeley City Council opposes the Governor’s budget recommendations to reduce
funding to critical transportation programs in the short term and educational
programs in the long term.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
33. Discretionary Budget Allocation To The Martin Luther
King, Jr. National Memorial (PDF, 28 KB)
From: Councilmembers Worthington and Anderson
Recommendation: That the
Berkeley City Council approve the expenditure of $1,000 to the Martin Luther
King, Jr. National Memorial capital campaign with funds from Councilmember
Worthington’s and Anderson’s discretionary budgets (D-13).
Financial Implications: Councilmembers Worthington
and Anderson's Budget - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
34. Berkeley Schools Mental Health Partnership
From: City Manager
Recommendation: Adopt a Resolution supporting the Berkeley
Integrated Resources Initiative and approving an Inter-Agency Agreement with
the Berkeley Unified School District for the Berkeley Schools Mental Health
Partnership.
Financial Implications: See report
Fred Medrano, Health and Human Services, 981-5100
Public Comment – Items Not Listed on the Agenda
Action Calendar – Appeals
35. ZAB Appeal: 2701 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustment Board to approve Use Permit
#04-10000014 to construct a 24-unit, mixed-use project, and dismissing the
appeal.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
36. ZAB Appeal: 651 Addison Street (Drayage)
From: City Manager
Recommendation:
Adopt a Resolution
affirming the decision of the Zoning Adjustments Board to approve Use Permit
#06-10000067 to allow the demolition of an unsafe building.
Financial Implications:None
Contact: Dan Marks, Planning and Development, 981-7400
Action Calendar – Public Hearing
37.
ZAB
Appeal: 2817 Eighth Street (February 27, 2007)- new report not submitted
a.
From:
City Manager
Recommendation: Conduct a
public hearing and, upon conclusion dismiss the appeal denying the variance
and approving the use permit subject to revised conditions of approval.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal (February 27, 2007)
1. Edward Adams
c. Communications (February 27, 2007)
1. Letters of support, submitted by Ed Adams and Xin Jin
Action Calendar – New Business
38. Amendments to the City of Berkeley Consolidated Plan for Housing and Community Development
From: City Manager
Recommendation: Adopt a Resolution
accepting amendments to the City of Berkeley Consolidated Plan for Housing and
Community Development. Staff recommends the following amendments to the
Consolidated Plan that would enable the City to:
·
Have its Consolidated Plan comply with U.S. Department
of Housing and Urban Development’s (HUD) framework for outcomes measures in
gauging the City’s progress in implementing the Consolidated Plan.
·
Facilitate the ability of the City to seek
voluntary conversion of the Low-Income Public Housing and Rental Housing Construction Program
units owned by the Berkeley Housing Authority to Project-Based Section 8
housing assistance; and
·
Specify guidelines in the Consolidated Plan
by which HOME Partnership for Investment grant funds from HUD may be used to refinance
multi-family housing development projects in Berkeley to maintain permanent
affordability.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
39. Amend Program Year 2006 Annual Action Plan
From: City Manager
Recommendation: Adopt a Resolution amending the City of Berkeley's Program Year (PY) 2006 Annual Action Plan to enable the City to allocate Community Development Block Grant (CDBG) Funds from the Housing Trust Fund to Affordable Housing Associates, Inc., to complete rehabilitation work at 2121 7th Street, Allston House.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
40. Sign Relocation Agreement/Funding for Gilman Fields Project
From: City Manager
Recommendation: That the Council
1. Adopt a resolution adopting the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for the
Sign Relocation Agreement with CBS Outdoor and the first reading of an
ordinance adding new section 20.04.040 to the Berkeley Municipal Code, and authorizing
the City Manager to execute a Sign Relocation Agreement with CBS Outdoor.
2. Adopt the first reading of an ordinance adding
new section 20.04.040 of the Berkeley Municipal Code, providing for sign
relocation agreements pursuant to Business & Professions Code section 5412.
and exempting signs authorized under such agreements from design review.
Financial Implications: See report
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action Calendar - Old Business
41. Discussion and Direction Regarding the FY 2008 and FY 2009 Biennial Citywide Work Plan (Continued from March 13, 2007 Worksession)
From: City Manager
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Information Reports
42. Status Update: Instant Runoff Voting for Municipal Elections
From: City Manager
Contact: Pamyla Means, City Clerk, 981-6900
43. CF: Improving Diversity on Boards and Commissions
From: City Manager
Contact: Pamyla Means, City Clerk, 981-6900
44. LPC NOD: 1300 Martin Luther King Jr. Way
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
45. LPC NOD: 2120 Dwight Way
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 (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.