Agenda Committee Item #4
Council Draft Agenda - June 24, 2003

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Draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 24, 20037:00 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.

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.      Approval of Minutes

From: City Manager

Recommendation:  Approve the minutes for Council meetings of June 10, 2003, special and regular.

Contact: Sherry M. Kelly, City Clerk, 981-6900

2.      Needle Exchange

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

3.      Settlement Agreement: Frances Hoze v. City of Berkeley

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

4.      Contract: Banking Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute the current contract with Bank of the West for an additional 7 months to provide banking services for the City of Berkeley until January 31, 2004 and to authorize an additional amount not to exceed $59,500.

Contact: Fran David, Finance, 981-7300

5.      Contract: Needle Exchange Emergency Distribution

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

6.      Contract: HIV Laboratory Services

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

7.      Contract: HIV Prevention and Education Services

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

8.      Contract: Transitional Housing

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

9.      Contract: Community Services and Development Block Grant

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept Community Services Block Grant (CSBG) contract in the amount of $26,822, Amendment 1 in the amount of $48,338 and Amendment 2 in the amount of $100,620 for a total of $175,776 and executing any resultant agreements and amendments to provide low-income services.

Contact: Stephen Barton, Housing, 981-5400

10.  Contract: Shelter Plus Care

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

11.  Grant and Contracts: Shelter Plus Care Supportive Housing

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

12.  Deferred Compensation Plan

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance to restate and reenact the City of Berkeley 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 to rescind Ordinance No. 5629-N.S. and all other Ordinances amendatory thereof.

Contact: Nicki Spillane, Human Resources, 981-6800

13.  Lease Agreement: Waterski Club

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

14.  Lease Agreement: Rowing Club

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

15.  License Agreement: Bait Shop

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

16.  Contract: Crosswalk Light System Project at Ashby/Piedmont

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 from the Notice to Proceed.

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

17.  Contract: Poetry Panel Installation Project

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 from the Notice to Proceed.

Contact: Rene Cardinaux, Public Works, 981-6300

18.  Purchase: New Paving Equipment

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

19.  Purchase Order: Parking Meter Parts

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

20.  Five-Ton Truck Prohibition on Various Streets (CF 155-00)

From: City Manager

Recommendation:  Adopt a first reading of an Ordinance to amend Section 14.56.050 of the Berkeley Municipal Code (BMC) by adding numerous street sections on the attached list to the five ton gross vehicle weight restriction.

Contact: Peter Hillier, Transportation, 981-7000

21.  Traffic Mitigation Measures Related to the Public Safety Building Parking Lot

From: City Manager

Recommendation:  Adopt four Resolutions reverting temporary traffic and parking controls to original conditions existing prior to Public Safety Building construction and adopt a first reading of an Ordinance amending Section 14.52.010 of the Berkeley Municipal Code (BMC) reverting the Police preferential parking spaces to metered parking as specified.

Contact: Peter Hillier, Transportation, 981-7000

22.  Fountain on Arlington Avenue at the Kensington/Berkeley Border (PDF, 546 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

23.  Charcoal Chimney Starters at Public Barbecue Grills (PDF, 164 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

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

From: Councilmember Worthington

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

25.  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

26.  Appeal: 1307 Derby Street

a.      From:  City Manager

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

c.       Communications

1.       

 

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

27.  Adoption of FY 2004-FY 2005 Budget

From: City Manager

Recommendation:  Adopt a Resolution adopting the FY 2004-FY 2005 Budget and other related issues.
Contact:  Weldon Rucker, City Manager, 981-7000

28.  Fiscal Year 2004 Appropriation Ordinance
From:  City Manager
Recommendation:  Adopt first reading of the FY 2004 Appropriation Ordinance.
Contact:  Paul Navazio, Budget, 981-7000

29.  Appropriations Limit for FY 2004

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

30.  Temporary Appropriation for Payroll and Other Expenses

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

31.  Special Tax: Maintenance of Parks, City Trees and Landscaping

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

32.  Special Tax: Emergency Medical Services

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

33.  Tax Rate: Emergency Services for the Severely Disabled

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

34.  Tax Rate: Disaster Fire Protection (Measure Q)

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

35.  Tax Rate: General Obligation Bonds (Measure S)

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

36.  Tax Rate: Library Services

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2004 tax rate for industrial, commercial and institutional buildings.

Contact: Phil Kamlarz, Deputy City Manager, 981-7000

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

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

38.  Contract: MBIA MuniServices Company

From: City Manager

Recommendation:  Adopt a Resolution authorizing the amendment of the contract with MBIA MuniServices Company (MMC) to amend: 1) Scope of Services to include Business License Tax discovery services and Transient Occupancy Tax audit services; 2) Compen-sation for Other Revenue Sources to include compensation for one-time business License Tax Discovery services and Transient Occupancy Tax audit services for a one-time fee; and 3) extending the term through June 30, 2004.

Contact: Fran David, Finance, 981-7300

39.  Marina Master Plan and Related Environmental Documents (CF 138-99)

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

 


Information Reports

40.  Notice:  Waiver of Nuclear Free Ordinance
From:  City Manager
Contact:  Lisa Caronna, Parks Recreation and Waterfront, 981-6700

41.  Business License Tax Audit for FY 2001 (CF 157-02)

From: City Manager

Contact: Fran David, Finance, 981-7300

42.  Landmarks Preservation Commission Notices of Decision: Landmark Designation –2426 Fulton Street and 2430 Fulton Street

From: City Manager

Contact: Phil Kamlarz, Planning, 981-7400

43.  Landmarks Preservation Commission Notices of Decision: Approval of Structural Alteration Permit  - 2200 Shattuck Avenue, 2202 Shattuck Avenue and 2204 Shattuck Avenue

From: City Manager

Contact: Phil Kamlarz, Planning, 981-7400

44.  Landmarks Preservation Commission Notices of Decision: Structure of Merit Designation - 1125 University Avenue - West Berkeley Branch Library

From: City Manager

Contact: Phil Kamlarz, Planning, 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.

 

Adjournment