Regular Meeting eAgenda
June 24
, 2003

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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, June 24, 2003 – 7:00 p.m.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

  1. Saluting Youth Commissioners

Comments from the City Manager:  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.

Comments from the Public:  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.      Needle Exchange (PDF, 163 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

2.      Settlement Agreement: Frances Hoze v. City of Berkeley (PDF, 150 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2002 064917 entitled Frances Hoze v. City of Berkeley in the amount of $35,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

3.      Contract: Banking Services (PDF, 265 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bank of the West for an additional 7 months or execute a new contract, if necessary, to provide banking services for the City of Berkeley until January 31, 2004 and increasing the amount by $59,500 for a total not exceed $279,500.

Contact: Fran David, Finance, 981-7300

4.      Contract: Needle Exchange Emergency Distribution (PDF, 244 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Needle Exchange Emergency Distribution for HIV prevention syringe exchange services to increase the amount by $52,000 for a total not to exceed $104,000; and to extend the period to June 30, 2004.

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

5.      Contract: HIV Laboratory Services (PDF, 275 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contracts with UNILAB and the Alameda County Public Health Laboratory to perform the HIV screening laboratory services to increase the amounts by $44,000 and $35,000, respectively, for a total not to exceed $284,500 [UNILAB ($176,000) and Alameda County Public Health Laboratory ($108,500)]; and to extend the term to June 30, 2004.

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

6.      Contract: HIV Prevention and Education Services (PDF, 280 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute contract amendments with the California Prevention and Education Project, Pacific Center for Human Growth, and Women’s Daytime Drop-in Center for HIV prevention and education services to increase the amounts by $23,500, $31,500, and $24,900, respectively, for a total not to exceed $151,800 [California Prevention and Education Project ($47,000), Pacific Center for Human Growth ($55,000), and Women’s Daytime Drop-in Center ($49,800)]; and to extend the term to June 30, 2004.

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

7.      Contract: Transitional Housing (PDF, 353 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contract with the Avondale Hotel for the provision of rent subsidies for transitional housing for individuals who are homeless and mentally disabled to increase the amount by $10,000 for a total not to exceed $50,000; and to extend the period to June 30, 2004.

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

8.      Contract: Community Services and Development Block Grant (PDF, 203 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept Community Services Block Grant (CSBG) contract for a total not to exceed $175,776 for the period January 1, 2003 through December 31, 2003 and to execute any resultant agreements and amendments to provide low-income services.

Contact: Stephen Barton, Housing, 981-5400

9.      Contract: Shelter Plus Care (PDF, 783 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract in an amount not to exceed $250,272 and any amendments with Resources for Community Development as Sponsor under the Shelter Plus Care Program for the period of July 1, 2003 through June 30, 2008.

Contact: Stephen Barton, Housing, 981-5400

10.  Grant and Contracts: Shelter Plus Care Supportive Housing (PDF, 332 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to 1) accept a grant renewal award from the U.S. Department of Housing and Urban Development in the amount of $1,745,160 for tenant-based rental assistance for the Shelter Plus Care Supportive Housing Program for the period beginning May 24, 2003 through May 23, 2004; 2) execute contracts and any amendments totaling $59,048, with the following community-based agencies: Berkeley Food and Housing Project ($16,000); Bonita House, Inc. ($3,000); Building Opportunities for Self-Sufficiency (BOSS) ($16,000); Coalition for Alternatives in Mental Health ($3,000); Homeless Action Center ($10,048); Jobs for the Homeless Consortium ($3,000); Lifelong Medical Care ($5,000); and Women’s Daytime Drop-in Center ($3,000); and renew such community agency contracts annually.

Contact: Stephen Barton, Housing, 981-5400

11.  Deferred Compensation Plan  (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance readopting the Deferred Compensation Plan to make technical changes to bring the plan into compliance with the Internal Revenue Code and other Federal laws, rules and regulations and rescinding Ordinance No. 5629-N.S. and all its amendments.

Contact: Nicki Spillane, Human Resources, 981-6800

12.  Lease Agreement: Waterski Club (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a license agreement and any amendments with the Berkeley Waterski Club, Inc. to use City property at 2821 West Bolivar Drive in Aquatic Park for an estimated amount of $44,500 for ten years.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

13.  Lease Agreement: Rowing Club (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a license agreement and any amendments with the Berkeley Rowing Club, Inc. for City property located at 2851 West Bolivar Drive in Aquatic Park for an estimated amount of $44,500 for ten years.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

14.  License Agreement: Bait Shop  (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Dennis Deaver to use City property at 225 University Avenue on the Berkeley Marina to operate the bait shop known as the Berkeley Marina Sports Center until December 31, 2003.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

15.  Contract: Crosswalk Light System Project at Ashby/Piedmont (PDF, 515 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Crosswalk Light System Project at Ashby/Piedmont; 2) accepting the bid of Columbia Electric; and 3) authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $39,600, for the period of 30 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300 and Peter Hillier, Transportation, 981-7000

16.  Contract: Poetry Panel Installation (PDF, 424 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the Poetry Panel Installation Project; 2) accepting the bid of Berkeley Cement Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $50,000, for the period of 30 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

17.  Purchase: New Paving Equipment (PDF, 256 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of one Skid Loader with attachments and authorizing a purchase order to Peterson Tractor Company not to exceed $60,000.

Contact: Rene Cardinaux, Public Works, 981-6300

18.  Purchase Order: Parking Meter Parts (PDF, 192 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing purchase orders with Duncan Industries for parking meter replacement parts by $146,000 in an amount not to exceed $180,000 for the period of July 1, 2002 through June 30, 2004.

Contact: Rene Cardinaux, Public Works, 981-6300

19.  Five-Ton Truck Prohibition on Various Streets (PDF, 627 KB) (CF 155-00)  

From: City Manager

Recommendation:  Adopt a first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.050 of the Berkeley Municipal Code (BMC) prohibiting use of certain streets by vehicles exceeding 5 ton gross weight.

Contact: Peter Hillier, Transportation, 981-7000

20.  Traffic Mitigation Measures Related to the Public Safety Building Parking Lot (PDF, 949 KB)

From: City Manager

Recommendation:  Adopt three Resolutions reverting temporary traffic and parking controls to original conditions existing prior to Public Safety Building construction by a) rescinding Resolution No. 59,396-N.S and amending Resolution No. 56,507-N.S. reverting McKinley Avenue between Allston Way and Addison Street to two-way traffic; b) amending Resolution 56,505-N.S. reverting diagonal parking on the east side of McKinley between Allston and Addison to parallel parking; c) amending Resolution No. 56,508-N.S. i) converting the Police and Fire preferential parking on McKinley Avenue to residential permit parking; ii) creating 5 permanent preferential parking spaces for the Berkeley-Albany Municipal Court on the west side of Martin Luther King, Jr. Way between Addison Street and 125 feet south of Addison Street; iii) creating residential permit parking on the south side of Addison Street between Martin Luther King, Jr., Way and McKinley Avenue; and iv) creating a new residential permit parking area on the north side of Allston Way between Martin Luther King, Jr. Way and McKinley Avenue on removal of the parking meters.  2) Adopt first reading of an Ordinance amending Section 14.52.010A of the Berkeley Municipal Code (BMC) a) reverting the Police preferential parking spaces to metered parking on the west side of Martin Luther King, Jr. Way, except for 5 preferential parking spaces for the Berkeley-Albany Municipal Court, from 125 feet south of Addison Street to 90 feet south and from 370 feet south of Addison Street to 65 feet south; and b) removing parking meters on the north side of Allston Way between Martin Luther King, Jr. Way and McKinley Avenue.

Contact: Peter Hillier, Transportation, 981-7000

21.  Fountain on Arlington Avenue at the Kensington/Berkeley Border (PDF, 550 KB)

From: Councilmember Hawley

Recommendation:  Direct the City Manager to make appropriate arrangements with representatives from the Kensington Improvement Association and Contra Costa County to allow a proposed fountain and landscaping to be sited on a median strip that straddles the Kensington/Berkeley border.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

22.  Charcoal Chimney Starters at Public Barbecue Grills (PDF, 167 KB)

From: Councilmember Maio

Recommendation:  Refer to the Parks, Recreation and Waterfront Department the review of the feasibility and cost of providing secured charcoal chimney starters at each of the public barbecue grills along with signage explaining and encouraging their use in lieu of lighter fluid.

Contact: Linda Maio, Councilmember District 1, 981-7110

23.  Access to Megan's Law CD ROM at Berkeley Police Department (PDF, 137 KB)

From: Councilmembers Worthington and Olds

Recommendation:  Refer to the City Manager to provide concerned citizens access to a Megan's Law CD ROM at the Berkeley Police Department.

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

24.  FCC Authorization on Media Consolidation (PDF, 210 KB)

From: From: Councilmember Worthington

Recommendation:  Send letters urging our United States legislators to repeal the Federal Communications Commission’s (FCC) authorization on media consolidation (ruling on June 2, 2003).

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

 

Action Calendar – Appeals

25.  Appeal: 1307 Derby Street

a.      From:  City Manager

Part 1 (PDF, 4 MB)  |  Part 2 (PDF, 8 MB)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board decision to uphold the Zoning Officer’s Approval of an Administrative Use Permit to alter the roof profile of an existing nonconforming dwelling, AUP# 03-20000005, and dismissing the appeal.

Contact: Phil Kamlarz, Planning, 981-7500

b.      Appeal

1.      Cynthia Hallock (PDF, 502 KB)

c.       Communications

1.      Cynthia Hallock (PDF, 9 MB)

 

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.

 

Action Calendar – Budget

26.  Adoption of FY 2004-FY 2005 Budget  (PDF, 3 MB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution adopting the FY 2004 Budget including: 1) approval of the City Manager’s budget balancing plan to address the projected $4.7 million general fund deficit for FY 2004, first presented on May 13, 2003 and amended to respond to specific issues raised by Council; 2) a contingency plan to address additional budget pressures that may impact the FY 2004 budget after the commencement of the new fiscal year; and 3) a comprehensive process to refine recommendations needed to address a growing structural budget deficit projected for FY 2005.

Contact:  Weldon Rucker, City Manager, 981-7000

27.  Fiscal Year 2004 Appropriation Ordinance  (PDF, 807 KB) (to be delivered)

From: City Manager

Recommendation:  Adopt first reading of the FY 2004 Appropriation Ordinance.

Contact:  Paul Navazio, Budget, 981-7000

28.  Appropriations Limit for FY 2004 (PDF, 746 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing the appropriations limit at $129,577,851 for FY 2004 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Contact: Fran David, Finance, 981-7300

29.  Temporary Appropriation for Payroll and Other Expenses (PDF, 216 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2003, until the effective date of the FY 2004 Annual Appropriations Ordinance.

Contact: Fran David, Finance, 981-7300

30.  Special Tax: Maintenance of Parks, City Trees and Landscaping  (PDF, 289 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance levying a FY 2004 special tax of $.09831 per square foot of all improvements to fund the maintenance of parks, City trees, and landscaping.

Contact: Fran David, Finance, 981-7300 and Lisa Caronna, Parks & Waterfront, 981-6700

31.  Special Tax: Emergency Medical Services  (PDF, 270 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance levying a special tax of $0.026112 per square foot of improvements to fund the provision of emergency medical services.

Contact: Fran David, Finance, 981-7300

32.  Tax Rate: Emergency Services for the Severely Disabled (PDF, 243 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2004 tax rate for the provision of emergency services for the disabled at $0.00931 per square foot of improvements.

Contact: Fran David, Finance, 981-7300

33.  Tax Rate: Disaster Fire Protection (Measure Q) (PDF, 239 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2004 tax rate for the procurement of disaster fire equipment at $0.0125 per square foot of improvements.

Contact: Fran David, Finance, 981-7300

34.  Tax Rate: General Obligation Bonds (Measure S) (PDF, 325 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2004 tax rate for the Measure S General Obligation Bonds (Election of 1996) at 0.0425%.

Contact: Fran David, Finance, 981-7300

35.  Tax Rate: Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds (PDF, 359 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2004 tax rate for the Fire Seismic General Obligation bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds at 0.0300%.

Contact: Fran David, Finance, 981-7300

 

Action Calendar – New Business

36.  Marina Master Plan and Related Environmental Documents (PDF, 2 MB) (CF 138-99) 
Attachment C (PDF, 7 MB)  |  Attachment D (PDF, 9 MB)

From: City Manager

Recommendation:  Adopt two Resolutions approving: 1) the Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program; and 2) the Marina Master Plan and rescinding Resolution No. 53,838-N.S.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

 

Action Calendar – Time Critical

37.  Review of “By-Right” Addition:  749 Contra Costa Blvd. (PDF, 280 KB)  |  City Manager Report (PDF, 752 KB)

From:  Councilmembers Hawley and Olds

Recommendation:  Refer to the Zoning Adjustments Board for review and consideration of a hearing on the staff-designated by-right addition to the house at 749 Contra Costa Blvd.  Refer to the Landmarks Preservation Commission a review of the impacts of the addition to the landmarked house at 1962 Yosemite Avenue.

Contact:  Mim Hawley, Councilmember District 5,  981-7150; Betty Olds, Councilmember District 6, 981-7160

 

Information Reports

38.  Status Report:  3045 Shattuck Avenue (PDF, 3 MB) (to be delivered)

From:  City Manger

Contact:  Phil Kamlarz, Planning, 981-7400

39.  Landmarks Preservation Commission Notices of Decision: Landmark Designation –2426 Fulton Street and 2430 Fulton Street and Structure of Merit Designation – 1125 University Avenue - West Berkeley Branch Library (PDF, 1 MB)

From: City Manager

Contact: Phil Kamlarz, Planning, 981-7400

40.  Landmarks Preservation Commission Notices of Decision: Approval of Structural Alteration Permit  - 2200 Shattuck Avenue, 2202 Shattuck Avenue and 2204 Shattuck Avenue (PDF, 1 MB)

From: City Manager

Contact: Phil Kamlarz, Planning, 981-7400

 

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.

Alcohol Outlets Adhere to Zoning and Permit Regulations

1.      Kathy Berger, Telegraph Area Association

Live Oak Park

2.      Rosalind (Bobbie) Singer

1301 Oxford Site

3.      Diane Tokugawa

East Bay Paratransit’s Pick Up Window

4.      Thomas E. Margo, BART

Letter of June 5, 2003 Regarding Ms. Marie Bowman

5.      Arthur J. Friedman, Steefel, Levitt & Weiss

Sister City Relationship with Palma Soriano

6.      Joseph Towers

 

Adjournment