Regular Meeting eAgenda
December 12
, 2006

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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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.     Landmarks Preservation Ordinance (PDF, 70 KB) (First reading – December 5, 2006 – Noes – Spring, Olds, Worthington)

From: City Manager

Recommendation: Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 3.24, Landmarks Preservation.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.     Amendment to FY 2007 Annual Appropriations Ordinance (PDF, 166 KB) (First reading – December 5, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the FY 2007 Annual Appropriations Ordinance No. 6,935 for FY 2007 based upon recommended re-appropriation of committed FY 2006 funding and other adjustments authorized since July 1, 2006.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

3.     Manufactured Nanoparticle Health and Safety Disclosure (PDF, 11 KB) (First reading – December 5, 2006 - Unanimous)

From: Community Environmental Advisory Commission

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Muncipal Code (BMC) Sections 15.12.040 and 15.12.050 to add a health and safety disclosure for nanoparticles.

Financial Implications: None

Contact: Nabil A Al-Hadithy, Secretary, Community Environmental Advisory Commission, 981-7400

4.     Confirming the Results of the November 7, 2006 General Municipal Election (PDF, 12 MB)

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

5.     Minutes for Approval (PDF, 103 KB)

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

6.     Contract: Rescuing/Sheltering Animals (PDF, 77 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Home at Last Rescue (HAL) for rescuing/fostering animals from the Berkeley Animal Care Shelter for the period January 1, 2007 through June 31, 2009 in an amount not exceed $72,750.

Financial Implications: See report

Contact: Kate O’Connor, Animal Services, 981-6601

7.     Contract: Sewer Service Rate Analysis (PDF, 78 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement and any amendments with Harris & Associates in an amount not to exceed $103,000 to provide a Sewer Service Charge Rate Analysis and conduct resulting rate setting hearings for proposed service charge modifications for the period December 12, 2006 through October 30, 2007.

Financial Implications: Sanitary Sewer Fund -  $103,000

Contact: Tracy Vesely, Budget, 981-7000; Claudette Ford, Public Works, 981-6300

8.     Contract: Turtle Island Monument Artwork (PDF, 525 KB)

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

9.     Contract: Sanitary Sewer Project (PDF, 336 KB)

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

10.  Grant Application:  West Street Path Extension (PDF, 79 KB)

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

11.  Contract:  Expand Pay and Display Program (PDF, 88 KB)

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

12.  Contract: Eco Pass Transit Program (PDF, 87 KB)

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

13.  Partnering for Grants (PDF, 17 KB)

From:  Mayor Bates and Councilmembers Moore and Maio

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a collaborative agreement with the Berkeley Community Gardening Collaborative (BCGC), Berkeley Partners for Parks (BPFP) and the Rails to Trails Conservancy (RTC) to seek out and write grants for planning the use of the remaining vacant parcels of the Santa Fe Right of Way (SFROW) for a variety of open space uses for consideration by the Council and refer $5,000 to the mid-year budget process to support this effort.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100; Darryl Moore, Councilmember, District 2, 981-7120; Linda Maio, Councilmember, District 1, 981-7110

14.  Ed Roberts Campus Transportation for Livable Communities (PDF, 23 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

15.  University of California’s Southeast Campus Integrated Project (PDF, 34 KB)

From: Councilmember Capitelli

Recommendation: Request the City Manager present a brief update at the December 12, 2006 meeting about the public information efforts regarding the City’s response to the University of California’s Southeast Campus Integrated Project.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember District 5, 981-7150

16.  Fire Department Flexible Deployment (PDF, 16 KB)

From: Councilmembers Wozniak, Olds and Worthington

Recommendation: Refer to the midyear budget review process a recommendation to add sufficient overtime funds to avoid invoking flexible deployment and the temporary closure of fire stations during the remainder of FY06/07.

Financial Implications: $100,000 per month.

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180; Betty Olds, Councilmember District 6, 981-7160; Kriss Worthington, Councilmember District 7, 981-7170

17.  Extension of the Waterfront Commission (PDF, 88 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, 981-6700


Action Calendar – Appeals

18.  Zoning Adjustments Board Appeal: 2224 Roosevelt Avenue

a.      From: City Manager (PDF, 8 MB)

Recommendation: Adopt a Resolution remanding the application of the Zoning Adjustments Board (ZAB) to either: 1) deny the application to construction a new detached dwelling unit as currently proposed, or 2) allow the applicants to revise their application to propose an addition to the existing duplex instead of the current proposal to construct a new detached dwelling unit and converting the duplex to a single family dwelling at 2224 Roosevelt Avenue.

Financial Implications: None

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

b.      Appeal

1.      Gale Garcia (PDF, 38 KB)

c.       Communications

1.      None.


Action Calendar – Public Hearing

19.  Parking Meter And Pay-And-Display Station Fees (PDF, 81 KB)

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

20.  Soft Story Ordinance (PDF, 87 KB)

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

21.  Solano Avenue Business Improvement District (public hearing continued from December 5, 2006)

a.      From: City Manager (PDF, 26 KB)

Recommendation: Conduct a public hearing and upon conclusion, 1) adopt a Resolution confirming the 2006 Annual report of the Solano Avenue Business Improvement District (BID) and levying an annual assessment for calendar year 2007 and 2) adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Solano Avenue Association (SAA) for approximately $35,000 of BID funds.

Financial Implications: See report

Contact: Michael Caplan, Economic Development, 981-7400

b.      Protest Letters and Tabulation (PDF, 2 MB)


Action Calendar – Old Business

22.  Cultural Use Requirements, Gaia Building (PDF, 117 KB) (held over from November 14, 2006 by Councilmember Maio)

From: City Manager (December 12, 2006)

Recommendation: Adopt a resolution establishing performance standards for use of cultural space at the Gaia Building, terminate ZAB revocation proceedings, and establish a reporting schedule.

Financial Implications: None.

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


Action Calendar – New Business

23.  Oxford Plaza and Brower Center (PDF, 2 MB) (to be delivered)

From: City Manager

Recommendation: Consider options for funding the Oxford Plaza and Brower Center project, including entering into related agreements and taking other related actions.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

24.  Settlement Agreement: University of California - 2020 Long Range Development Plan (PDF, 80 KB)

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 (LRDP).

Financial Implications: None
Contact:  Manuela Albuquerque, City Attorney, 981-6950

25.  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

26.  Term Limits for Commissioners (PDF, 27 KB)

From:  Councilmembers Capitelli and Olds

Recommendation:  Request the City Manager direct the City Attorney to draft language amending Berkeley Municipal Code (BMC) Section 3.02 to: 1) amend the language in Section 3.02.040 to insure that commissioners who have served for eight years on a board or commission take a two-year leave before being reappointed; and 2) limit commissioner’s service to one board or commission at any given time.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150; Betty Olds, Councilmember, District 6, 981-7160

27.  Information Report: Quarterly Crime Report (PDF, 88 KB)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5700


Information Reports

28.  Audit: Contract Compliance (PDF, 97 KB)

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

29.  Audit:  Limited Tuolumne Camp Staff Review (PDF, 32 KB)

From: City Manager

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

30.  Landmarks Preservation Commission Notice of Decisions: 1) 2300 Shattuck Avenue; 2) 147 Tunnel Road (PDF, 1 MB)

From: City Manager

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

31.  Landmarks Preservation Commission Notice of Decisions: 1) 2128-2130 Center Street; 2) 1340 Arch Street (PDF, 10 MB)

From: City Manager

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

32.  Fee Deferral:  Allston House, 2121 Seventh Street (PDF, 123 KB)

From: City Manager

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

33.  Audit: Parking Enforcement Operations (PDF,  81 KB)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5700


Communications (PDF, 4 KB)

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.

Item 22:  Cultural Use Requirements, Gaia Building

1.      Anna de Leon

Item 24:  Oxford Plaza and Brower Center

2.      Harrison Fraker

Crowd Noise

3.      Sharon Hudson

Harrison House

4.      Daryl Bagley and Muang Saephanh

Save the Oaks at UC Stadium

5.      Julia Cato


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.