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AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
November 4, 2003 – 7:00
p.m.
Council Chambers,
2134 Martin Luther King Jr. Way
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.
Youth Comments: A total of 15
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.
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.
Lease: California Department of Transportation (First reading – 10/21/03)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a five-year lease agreement
with one five-year option to extend the term and any necessary amendments with
the State of California Department of Transportation (CalTrans) for the vacant
lot located at I-80/University Avenue underpass at Second Street, known as
freeway lease area number 04-ALA-80-01 in an amount not to exceed $61,500 which
includes monthly lease payments, operating expenses, insurance, options and
security deposit to accommodate storage space for City departments.
Contact: Rene Cardinaux, Public Works, 981-6330
2.
Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes
for Council meetings of September 9, 2003 (regular); October 14, 2003 (special
and regular); and October 21, 2003 (special and regular).
Contact: Contact: Sherry Kelly, City Clerk, 981-6900
3.
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
4.
Grant Application:
Local Housing Trust Fund Program
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit a grant application to: 1) apply for $1
million in funding from the California Department of Housing and Community
Development (HCD) Local Housing Trust Fund Program (LHTFP) and 2) to provide
for a $1.5 million match currently available in the Housing Trust Fund for the
purpose of developing and increasing the supply of affordable housing and
amending Resolution No. 62,240 – N.S.
Contact: Stephen
Barton, Housing, 981-5430
5.
City Manager’s Contract Authority
From: City Manager
Recommendation: Adopt first reading of an Ordinance 1) amending the Berkeley Municipal
Code (BMC) Section 7.18.010B to increase the City Manager’s expenditure
authority for capital improvements, including improvements and playground
equipment, to $100,000,
2) adding BMC Section 7.18.010C to increase the City Manager’s general
expenditure authority for supplies, equipment, and materials to $50,000, and 3)
amending BMC Section 7.18.020A to increase the City Manager’s emergency
expenditure authority to $50,000.
Contact:
Fran David, Finance, 981-7200
6.
Grants: Measure B Bicycle and Pedestrian Countrywide
Discretionary Fund
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) submit an application to the Alameda County
Transportation Improvement Authority (ACTIA) for available grant funding
through the Measure B Bicycle and Pedestrian Countywide Discretionary Fund,
Cycle 1: 2003/2004; and 2) execute related grant agreements and any amendments,
and accept these grant funds, if available.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
7.
Parking at Bus Stop at Monterey Avenue and Hopkins Street (PDF, 356 KB)
From:
Councilmembers Hawley and Olds
Recommendation: Adopt a Resolution: 1) directing the City Manger to implement parking for
private automobiles in the bus stop at the northwest corner of Monterey Avenue
and Hopkins Street during the hours and days when the stop is not being used by
buses, and 2) authorizing the City Manager to co-sign a Memorandum of
Understanding (MOU) with AC Transit for this arrangement, if needed.
Contact: Miriam Hawley,
Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 5,
981-7160
8.
Painful Non-Curative Cosmetic Mutilation of Animals
a.
From: Citizens Humane Commission (PDF, 1 MB)
Recommendation: Adopt a Resolution
deploring the painful non-curative and cosmetic mutilation of any animals
within the City of Berkeley.
Contact: Kate O’Connor, Secretary, 981-6601
b.
City Manager (PDF, 51 KB)
Recommendation: The City Manager concurs with the content and recommendations of the
commission’s report.
Contact: Jim Hynes, City Manager, 981-7000
Action Calendar – Ballot
Measures – March 2, 2004 Election
9.
Ballot Measure – Special Tax Measure for Fire Services
a.
From: City Manager
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure related to a
proposed special tax for fire services.
Contact: Manuela Albuquerque, City Attorney, 981-6950
b.
City Manager Information Report
Contact: Paul Navazio, Budget Manager 981-7000
10.
Ballot Measure – Charter Amendment Related to Runoff Elections
From: City Manager
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure(s) related
to: a) changing the date of runoff
elections from 28 days after the general municipal election to the first Tuesday
after the first Monday in February of the odd-numbered years and b) reducing
the percent required to be nominated to the office of auditor, mayor or council
member from 45% to 40%.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
11.
Ballot Measure – Charter Amendment Related to Candidate
Nomination Process
From: City Manager
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure related to: a)
requiring candidates running for a council district office to be nominated by
registered voters within the district; b) establishing a filing fee or
signatures in-lieu of a filing fee in additional to current requirements to run
for office.
Contact: Manuela Albuquerque, City Attorney, 981-6950
12.
Argument and Rebuttal Process
From: City Manager
Contact: Sherry Kelly, City Clerk, 981-6900
Action Calendar – Old
Business
13.
Contract: Financial Software Maintenance (Held over from 9/16/03, 10/14/03 and 10/21/03)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to enter into an agreement with H.T.E. Inc. for maintenance
software for the City’s financial system, FUND$, for a total amount not to
exceed $250,000, for the period July 1, 2003 to June 30, 2005.
Contact:
Chris Mead, Information Technology, 981-6500
14.
East Bay Sports Field Recreation Authority (Held over from 10/21/03)
From: City Manager
Recommendation: Adopt a Resolution approving the
formation of and membership in the East Bay Sports Field Recreation Authority,
a Joint Powers Authority, for the purpose of developing, maintaining and
operating sports fields in the Eastshore Park and other East Bay locations, and
appointing a member and alternate of the Council to the governing board.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
15.
Public Safety Building Tower Study (Held over from 10/21/2003)
a. From:
Councilmember Spring
Recommendation: Conduct a public hearing
as approved by the Council at the meeting of September 9, 2003 and upon
conclusion direct the City Manager to replace the current industrial-design
public safety building tower with two shorter towers with a flagpole design and
increase their signal reliability with repeater antennas or other options or
that it construct a one-pole antenna, sited as far away from the residents as possible.
Contact: Dona Spring,
Councilmember District 4, 981-7140
b. From:
City Manager
Recommendation: Staff recommends that no
further work be done on either the evaluation of the current tower or in the
design of tower alternatives.
Contact:
Rene Cardinaux, Public Works, 981-6330
c. Communications
(October 21,
2003)
d. Supplemental
Reports and Communication #1 (October 18, 2003)
18. Janet Levenson
19. Wendy Alfsen (2)
20. Michael Dove
21. Krys Upstill
22. Stephany
Rach-Silba
23. Stephani Hesh
24. Harry Wiener and
Anita White
25. Michael Popso
26. Harry Weiner
27. Connie and Kevin
Sutton
e.
Supplemental Reports and Communications #2 (October 18, 2003)
30.
Janet Levenson
16.
Eco-Pass Program( Held over 10/21/2003 Worksession)
From: Councilmember Worthington
Recommendation: Support inclusion of the
Eco-Pass program into the Regional Transportation Program (RTP) and expansion
of the Eco-Pass to additional employers, including consideration by the City,
the Berkeley Unified School District (BUSD), and regional agencies of whether
to include this in future ballot measures. Refer to the BUSD the possibility of
adding the Eco-Pass into a future ballot measure.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
17.
Living Wage Ordinance Wage Rate Increases (Held over from 10/14/03)
a.
From: Commission on Early Childhood Education
Recommendation: Adopt a Resolution placing
a moratorium on the implementation of the Living Wage Ordinance wage rate
increases for Fiscal Year 2004 for the non-profit organizations affected, and
create a task force of non-profit organizations and City Councilmembers to
review the consequences of these increases and devise a realistic
implementation schedule.
Contact: Errol Johnson,
Secretary, 981-5417
b. From:
City Manager
Recommendation:
Contact: Stephen Barton,
Housing, 981-5400
18.
Duties and Functions of the Waterfront Commission (Held over from
10/21/2003)
a. From:
Waterfront Commission
Recommendation: Adopt first reading on an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.060 (B) to delete
“Aquatic Park” from the duties and functions of the Waterfront Commission.
Contact: Cliff Marchetti,
Secretary, 981-6376
b. From:
City Manager
Recommendation: The City Manager concurs with
the content and recommendation of the report.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
Action
Calendar – New Business
19.
Berkeley Champions for Kids - Volunteer Employee Release Time
Policy (PDF, 1 MB)
From: Mayor Bates
Recommendation: 1) Approve, in principle,
the Berkeley Champions for Kids City of Berkeley Volunteer Employee
Release Time Policy; and 2) direct the City Manager to return to Council for
final approval, an assessment of fiscal impacts, a work plan, and a timeline
for implementation.
Contact: Tom Bates, Mayor, 981-7100
Action
Calendar – Time Critical
Time Critical Items:
In the event that the City Manager, Auditor, Mayor, or Councilmember becomes
aware of an urgent issue that cannot be held until the next scheduled Agenda
Committee meeting, the Clerk is authorized to accept an item without Agenda
Committee review until Tuesday at 12:00 p.m. on the week prior to the Council
meeting. These “Time Critical” items
must be submitted with a cover page that includes: 1) a detailed explanation of
why the item could not have been submitted by the normal deadline, and 2) a
detailed explanation of why the item cannot wait to follow the normal agenda
process. These items will be included
in a separate section of the Council Agenda at the end of the Action
Calendar. The Council may vote to refer
it back to the Agenda Committee if they determine that the item does not meet
the criteria for a “Time Critical”
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Agenda Item Number and Title
9.
Author
