Regular Meeting eAgenda
May 23
, 2006

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Printer-friendly PDF* agenda: (85 KB)

 

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, May 23, 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 Sara T. Cox, 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.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

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

 

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.   Ordinance Amendment: Business License Administrative Appeal (PDF, 67 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 9.04.085.G, regarding the business license administrative appeal process.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.   Ordinance Amendment: Condominium Conversion - Continuation of the Affordable Housing Mitigation Fee (PDF, 195 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Section 21.28.065.B.1, Condominium Conversion Ordinance, to continue the limit on the affordable housing mitigation fee at 12.5% of sales price and repealing the sunset on that limitation. 

Financial Implications: Unknown

Contact: Stephen Barton, Housing, 981-5400

3.   Disposition and Development Agreement: Oxford Street Development, LLC (PDF, 13 MB) (First reading May 16, 2006 – Noes – Olds; Abstain – Capitelli, Wozniak)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute the DDA and all other necessary documents to dispose of the Property pursuant to the terms and conditions of the DDA.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

4.   Ordinance Amendment: Inclusionary Housing (PDF, 73 KB) (First reading May 16, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an ordinance amending Berkeley Municipal Code (BMC) Sections 23C.12.070.A to revise inclusionary unit pricing requirements for ownership projects, BMC Section 23C.12.070.D to revise resale restriction pricing requirements and BMC Section 23C.12.090 authorizing the City Manager to issue regulations governing price setting and qualifying households.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

5.   Calling for a Consolidated General Municipal Election for November 7, 2006 (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution:  1) calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 7, 2006; 2) requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; and 3) authorizing certain procedural and contractual actions.

Financial Implications: City Clerk Budget - $250,000

Contact: Sara T. Cox, City Clerk, 981-6900

6.   Initiative Petition: Ordinance Amending Landmarks Preservation and Demolition Permit Application (PDF, 978 KB)

From: City Manager

Recommendation: Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.

Financial Implications: See report

Contact: Sara T. Cox, City Clerk, 981-6900

7.   Initiative Petition: Ordinance Amending Berkeley Municipal Code Chapter 21.28 to Encourage and Regulate Conversion of a Limited Number of Rental Units to Condominiums and to Assist Tenants in Purchasing Their  Own Units (PDF, 455 KB)

From: City Manager

Recommendation: Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code Section 9212.

Financial Implications: See report

Contact: Sara T. Cox, City Clerk, 981-6900

8.   Assessment: North Shattuck Business Improvement District (PDF, 872 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the FY 2006 Annual Report of the North Shattuck Business Improvement District (BID); 2) declaring Council's intention to levy an annual assessment for the North Shattuck BID for FY 2007, and; 3) scheduling a public hearing for June 20, 2006 to consider levying a renewed assessment for FY 2007.

Financial Implications: See report

Contact: Thomas A. Myers, Economic Development, 981-7530

9.   Formal Bid Solicitations and Request for Proposals (PDF, 212 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposal (RFP) that will be, or are planned to be,  issued upon final approval by the requesting department or division.

Financial Implications: Sanitary Sewer Fund -  $950,000

Contact: Fran David, Director, Finance Department, 981-7300

10. Annual Purchase Order for Turnouts:  JAECO Fire and Safety (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an annual purchase order and any amendments with JAECO Fire and Safety for the purchase of turnouts (i.e., protective firefighting coats and trousers) beginning July 1, 2006 in an amount not to exceed $100,000 with option to extend for two additional fiscal years.

Financial Implications: General Fund - $100,000

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

11. Contract: Berkeley's Best Builders Green Building Consultation and Technical Services (PDF, 187 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Build It Green (BIG), formerly the Green Resource Center (GRC), for Berkeley's Best Builders Green Building consultation and technical services, for the period July 1, 2006 to June 30, 2008 in an amount not to exceed $60,000.

Financial Implications: Permit Service Center Fund - $ 60,000

Contact: Stephen Barton, Housing, 981-5400

12. Grant: Agreement  for Low Income Energy Program  Revenues (PDF, 174 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager or his designee to execute a contract with the State Department of Community Services and Development to receive a U.S. Department of Energy Weatherization Assistance Program grant, in the amount of  $27,656 for the period April 1, 2006 through January 31, 2007, to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and, 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: $27,656 revenue

Contact: Stephen Barton, Housing, 981-5400

13. Grant: Measure B Revenue (PDF, 149 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $182,359 for Measure B annual pass-through funds for use during fiscal year 2007 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: Measure B Paratransit Fund - $182,359

Contact: Stephen Barton, Housing, 981-5400

14. Contract: Bay Trail Extension Construction Documents (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with 2M Associates of Berkeley for construction drawings and bid documents for the firs segment of the Bay Trail Extension to the Berkeley Marina including: 1) a multi-use trail and landscaping from the I-80 Bike Bridge to the East Lawn by Marina Boulevard; and 2) windsurf access improvements west of Hs Lordships Restaurant in an amount not to exceed $126,560 for the period May 23, 2006 to December 31, 2007.

Financial Implications: See report

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

15. Contract: Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation (PDF, 344 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the Plans and Specifications for the Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation project; accepting the bid from McGuire & Hester, Inc.; authorizing the City Manager to execute  a contract with McGuire& Hester in an amount not to exceed $789,900 for the period June 1, 2006 to June 1, 2007.

Financial Implications: $789,900

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

16. Fee Waiver: Nurses, Contractors and Volunteers at Tuolumne and Echo Lake Camps (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the policy to provide a waiver of camp fees for service providers and their families at Tuolumne and Echo Lake Camps Programs.

Financial Implications: See report

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

17. Final Map of Tract 7575: 2113 - 2119 Delaware Street (PDF, 134 KB)

From: City Manager

Recommendation: Adopt a Resolution approving Final Map of Tract 7575, conversion of an existing eight-unit Tenancy-in-Common (TIC) project at 2113 – 2119 Delaware Street to eight condominium units.

Financial Implications: None

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

18. Congestion Management Agency Allocation: Spruce Traffic Safety Project (PDF, 348 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to 1) execute an agreement with the Alameda County Congestion Management Agency (CMA) and accept a Transportation Improvement Program (TIP) allocation in the amount of $100,000 for the period of June 1, 2006 to June 30, 2008 for the Spruce Traffic Safety Project between Rose and Vine Streets; and 2) appropriate the funding necessary to implement the project prior to receipt of the allocation, which will occur when the CMA has the funds to transfer, anticipated to be FY 2008.

Financial Implications: Clean Air Transportation Fund - $100,000 revenue

Contact: Claudette R. Ford, Public Works, 981-6300

19. Final Tract Map  7650: 3075 Telegraph Avenue (PDF, 453 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7650, a fifteen-unit residential and commercial condominium project located at 3075 Telegraph Avenue.

Financial Implications: None

Contact: Claudette R. Ford, Public Works, 981-6300

20. Purchase Order: Vehicle Replacement (PDF, 167 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) accepting the State of California Contract No. 1CCS-05-23-14B bid procedures to satisfy the requirement of the City of Berkeley Charter Section 67–Expenditures in excess of the limitation established by ordinance; and 2) authorizing the City Manager to execute a purchase order with Folsom Lake Ford for thirteen pursuit vehicles for the police department and one vehicle for the fire department in an amount not to exceed $367,225.

Financial Implications: Equipment Replacement Revenue Fund - $367,225

Contact: Claudette R. Ford, Public Works, 981-6300

21. Contract: Sanitary Sewer Project (PDF, 685 KB)

From: City Manager

Recommendation: Adopt a Resolution to: 1) approve plans and specifications for the Sanitary Sewer Project located at Bolivar Drive, Addison Street, Bancroft Way, Shattuck Square, University Avenue, Walnut Street and Sixth Street; 2) accept the bid  of Darcy and Harty Construction, Inc.; and, 3) authorize the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $1,197,218 for a period of 220 calendar days.

Financial Implications: Sanitary Sewer Fund -   $1,197,218

Contact: Claudette R. Ford, Public Works, 981-6300

22. FY 2007 Transportation Development Act Article 3 Fund Allocation (PDF, 255 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in the amount of $151,173 in FY 2007 for two projects: a) Bicycle/Pedestrian Safety Education program: and, b) the Ninth Street Bicycle Boulevard extension; and authorizing the City Manager to accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the projects, subject to securing the funds; and 2) declaring that the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; that there is no pending or threatened litigation that might adversely affect the project or projects described in Exhibit B to this resolution, or that might impair the ability of the City of Berkeley to carry out the project; that the City of Berkeley attests to the accuracy of and approves the statements in Exhibit A to this resolution; and, that a certified copy of this resolution and its exhibits, and any accompanying supporting materials shall be forwarded to the Alameda County Congestion Management Agency for submission to MTC as part of the Countywide coordinated TDA Article 3 claim.

Financial Implications: MTC Fund - $ 151,173  revenue

Contact: Claudette R. Ford, Public Works, 981-6300

23. Contract: Street Rehabilitation FY 2006 Phase  3 Project (PDF, 274 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) approving plans and specifications for the Street Rehabilitation FY 2006 Phase 3 Project, 06-10125-C; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completio