Agenda Committee Item #4c
Council Draft Agenda - March 20, 2007

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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

10. Funding for Ceremony: Berkeley as the Most Accessible City in the U.S. by the National Organization for Disability (PDF, 88 KB)

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.