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AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
December 9, 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.
1.
United Pool Council Fundraising and Donation
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.
Taxi Permits for Wheelchair Accessible Taxis (PDF, 627 KB) (First reading 11/25/03 –
Absent – Spring)
From: City Manager
Recommendation: 1) Adopt second reading of an
Ordinance adding Berkeley Municipal Code (BMC) Chapter 9.52 “Regulating Taxis
and Vehicles for Hire”, defining “Accessible Taxicab” and amending Section
9.52.020 regarding categories of vehicles and the maximum number operated in
each category.
Contact: Stephen Barton,
Housing, 981-5400, Fran David, Finance, 981-7200, Rene Cardinaux, Public Works,
981-6330 and Fred Medrano, Health and Human Services, 981-5100
2.
Lease: Berkeley Women's Crew for Property in Aquatic Park (PDF, 4 MB) (First Reading – 11/25/03)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with the Berkeley Women’s Crew, Inc. for City property located at 80
Bolivar Drive in Aquatic Park for an estimated amount of $500 for five years.
Contact:
Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
3.
Minutes for Approval (PDF, 3 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of November 17, 2003 (special),
November 18, 2003 (special and regular), November 25, 2003 (regular).
Contact: Sherry Kelly, City Clerk, 981-6900
4.
Appointment of Standby Officers for the Mayor and
Councilmembers and City Manager Order of Succession during an Emergency (PDF, 330 KB)
From: City Manager
Recommendation: Adopt two Resolutions: 1)
confirming the appointment of Standby Officers for the Mayor and each
Councilmember to serve in the event the elected official is unavailable during
an emergency and 2) approving the designated line of succession to the position
of Director of Emergency Services in the event of an officially declared
disaster and rescinding Resolution No. 61,351-N.S.
Contact: Reginald Garcia,
Fire, 981-5500
5.
Temporary Appointments: Interns in Information Technology Department (PDF, 370 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the extension of two temporary appointments of Interns in the Information
Department for the period not to exceed March 30, 2004. (General Fund -
$16,614)
Contact: Nicki Spillane,
Human Resources, 981-6800
6.
Pool Operations and Donation by United Pool Council (PDF, 656 KB)
From: City Manager
Recommendation: Adopt a Resolution accepting a donation of $52,000 from the United Pool
Council (UPC); amending the Aquatics budget to reflect the new revenue; and
extending pool operations through the winter months. (Revenue to General Fund -
$52,000 )
Contact: Marc Seleznow,
Parks, Recreation and Waterfront, 981-6700
7.
Grants: 2002 Resources Bond Act (Proposition 40) – California
Clean Water, Clear Air, Safe Neighborhood Parks, and Coastal Protection Act of
2002 (PDF, 273 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to submit a competitive grant application to the State of
California Department of Parks and Recreation for available grant funding
through the 2002 Resources Bond Act (Proposition 40), Murray-Hayden Urban Parks
and Youth Service Grant Program for the Martin Luther King Jr. Youth Services
Center, authorizing the City Manager or designee to execute related grant
agreements and any amendments, and accept these grant funds. (Grant award up to $750,000 with no required
matching funds.)
Contact: Marc Seleznow, Parks, Recreation and
Waterfront, 981-6700
8.
License Agreement:
Bait Shop at the Berkeley Marina (PDF, 2 MB)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a license agreement and any
amendments with the Berkeley Marina Charter Boat Association, Inc. to operate
the bait shop at the Berkeley Marina for a five-year period from January 1,
2004 until December 31, 2008 with options for annual renewals for up to five
additional years. (Annual revenue of
approximately $45,000 for Marine Enterprise Fund.)
Contact: Marc Seleznow, Parks, Recreation and
Waterfront, 981-6700
9.
Contract: Traffic Mitigation Monitoring for Alta Bates Use
Permit (PDF, 514 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a sole-source contract and any
amendments not to exceed $212,390 with Fehr & Peers to provide traffic
mitigation monitoring for the Alta Bates Use Permit for calendar years 2004
through 2006. (Alta Bates to fund this
contract.)
Contact: Dan Marks, Planning,
981-7400
10.
Contract: Bridget Transitional House Renovation (PDF, 194 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with Solid
Builders for the Bridget Transitional House project for structural
improvements, increasing the existing contract by $25,000 for a total amount
not to exceed $310,000. (Housing
Mitigation Fund)
Contact: Rene Cardinaux,
Public Works, 981-6300
11.
Contract: Parking Sign and Information System (PDF, 312 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with IBI Group for
the evaluation, analysis, planning and design of parking wayfinding signage and
other parking information for off-street parking in the City (primarily the
Downtown and Southside) for an amount not to exceed $93,321. (Off Street
Parking Fund - $93,321)
Contact: Peter Hillier,
Transportation, 981-7010
12.
Process for Review of the Agenda Committee (PDF, 102 KB)
From: Mayor Bates
Recommendation: 1) Authorize a review of
the Agenda Committee; 2) direct the Agenda Committee to report to Council in
March with possible changes to the Council Rules of Procedure based on that
review; and 3) request the public to provide comments to the Agenda Committee
to assist with this review.
Contact: Tom Bates, Mayor,
981-7100
13.
Priority Point System for Inclusionary Units (PDF, 764 KB)
From: Councilmember Maio
Recommendation: Refer to the City Manager
a request that staff study and make a recommendation regarding the
establishment of a priority point system that would give preference in renting
or purchasing inclusionary units to Berkeley residents, those who work in
Berkeley, public service employees, seniors and the permanently disabled.
Contact: Linda Maio,
Councilmember District 1, 981-7110
14.
Support of SB 754 - Heritage Tree Preservation Act (PDF, 1 MB)
From: Councilmember Olds
Recommendation: Support SB 754, (Senator
Perata) legislation to protect California’s old-growth trees from commercial
cutting.
Contact: Betty Olds,
Councilmember District 6, 981-7160
15.
Appeal: 3075 Telegraph
Avenue
a. From: City Manager
Recommendation: Adopt a Resolution
affirming the Landmarks Preservation Commission (LPC) decision designating 3075
Telegraph Avenue, the Concrete Grid Forms Company building, a City Landmark and
dismissing the appeal.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
1. Sam
Sorokin (PDF, 175 KB)
16.
Appeal: 1326 Allston
Way (Public Hearing held and closed on 11/18/03. Held over from 11/25/03)
a. Appeal: 1326 Allston
Way (PDF, 2 MB)
(October 21,
2003)
Recommendation: Adopt a Resolution affirming
the decision of the Zoning Adjustments Board, based on findings and conditions,
to approve Use Permit 02-100000008 for 1326 Allston Way, City of Berkeley
Corporation Yard, to allow demolition of non-residential buildings,
construction of storage buildings, installation of 7,368 square feet of modular
offices and relocation of certain non-essential services and staff offsite
and dismissing the
appeal.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
by: (PDF, 406 KB):
1. Tamara
and Daniel Horodysky
2. Nancy
Hunt
3. Gerardo
Moreno
4. Judith
and Steven Sager
5. Patricia
Jones
6. Judith
Olson
7. Muni
and Tania Schwieg
8. Bruce
Simon
9. Michele
Manning
10. Letti Glavde
11. Jessica Phrogus
c. Supplemental
Communication (PDF, 8
MB) (October 21, 2003)
1. Appeal,
submitted by Tamara Horodysky, Daniel Horodysky, Nancy Hunt, Gerardo Moreno,
Judithe Sager, Patricia Jones, Judith Olson, Muni and Tania Schweig, Bruce
Simon, Michelle Hanning, Hughes Hudnall, Lettie Glaude, and Jessica Phrogus
2. Daniel
and Toni Horodysky
3. Elise
Peeples
d. Communications (PDF, 265 KB) (November 18, 2003)
1. Martin
Gugino
2. George
Collins
3. Mary
Magocsy
e. Supplemental
Communication (PDF, 2
MB) (November
18, 2003)
58. Toni Horodysky,
Corporation Yard Neighbors for a Better Berkeley
59. Shawn George
Weikerta, Corporation Yard Neighbors for a Better Berkeley
60. Regina E. Gurst,
Corporation Yard Neighbors for a Better Berkeley
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.
17.
Solano Avenue Business Improvement District (PDF, 741 KB) (Public
Hearing opened on 11/18/03)
From: City Manager
Recommendation: Conduct a public hearing
on the proposed establishment of the Berkeley Solano Avenue Business
Improvement District and upon conclusion: 1) delay action as necessary to allow
the City Clerk to tabulate any oral or written protests against formation of
the proposed District received before or during the public hearing; and 2) if
no majority protest exists, consider whether to make changes in the proposed
assessments, boundaries or programs of the BID; and 3) adopt the first reading
of an Ordinance adding Berkeley Municipal Code (BMC) Section 7.97 establishing
the District and levying assessments on businesses within the District for
calendar year 2004.
Contact:
Tom Myers, Economic Development, 981-7530
18.
City Manager’s Contract Authority (PDF, 717 KB) (Held over from 11/4/03 by Councilmember Worthington)
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 playground improvements and
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 for materials, supplies and equipment to $50,000 and for public
construction projects, playground improvements and equipment to $100,000.
Contact: Fran David,
Finance, 981-7200
19.
Support SB 916:
Increasing Bay Area Bridge Tolls to Fund Transportation Improvements (Held over from 11/25/03
by Councilmember Hawley)
a. From:
Councilmember Worthington
(PDF, 391 KB)
Recommendation: Support SB 916 (Perata) on
the March 2004 Ballot, which will increase Bay Area Bridge Tolls to fund
transportation improvements.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
b. From:
Councilmember Hawley
(PDF, 524 KB)
Recommendation: Take no position on SB 916
and ask Senator Perata and the Senate Rules Committee to correct the statement
in the Committee’s digest of SB 916 that erroneously lists the City of Berkeley
as a supporter of the bill.
Contact: Mim Hawley, Councilmember District 5,
981-7150
20.
Amendment to FY 2004 Annual Appropriations Ordinance (PDF, 6 MB) (to be delivered)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance amending the FY 2004 Annual Appropriations Ordinance No. 6,752–N.S.
based upon recommended re-appropriation of unexpended FY 2003 funding and other
adjustments authorized since July 1, 2003 in the amount of $69,205,375.
Contact: Paul Navazio,
Budget, 981-7000
21.
Lease: City-Owned Property at 711 Harrison Street (PDF, 3 MB) (to be delivered)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with Building Opportunities for Self-Sufficiency (BOSS) to lease
City property on a parcel of property to be created at 711 Harrison Street as a
site for transitional housing.
Contact: Stephen Barton,
Housing, 981-5400
22.
West Berkeley Branch Library Improvements (PDF, 3 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the appropriation of $3.1 million of bond
funds (Measure P, November 2000), contingent upon the grant of $6 million in
Proposition 14 State funds with a 35% match by the City to renovate and expand
the West Berkeley Branch Library. (State funding - $6 million; Local match of
bond funds - $3.1 million)
Contact: Jackie Griffin,
Library, 981-6195
23.
Planning Commission Review of Potential Hotel/Conference
Center (PDF, 87 KB)
From: Mayor Bates
Recommendation: Direct the Planning
Commission to examine the potential hotel and Conference Center in Downtown
Berkeley and to report no later than May, 2004 with preliminary
recommendations.
Contact:
Tom Bates, Mayor, 981-7100
24.
Formal Bid Solicitations and Request for Proposals (PDF, 448 KB)
From: City Manager
Contact: Fran David,
Finance, 981-7300
25.
Fee Deferrals: 2517 Sacramento Street (Affordable Housing
Associates) (PDF, 300 KB)
From: City Manager
Contact: Dan Marks,
Planning, 981-7400
26.
Grant: Door-to-Door Household Hazardous Waste (HHW) Collection
Program (PDF, 149 KB)
From: City Manager
Contact: Dan Marks,
Planning, 981-7400
27.
Internal Control Risks Associated with Budget Cuts and Freezes (PDF, 451 KB)
From: City Auditor
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
28.
Peer Review of City of Berkeley Auditor's Office (PDF, 785 KB)
From: City Manager
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
29.
Human Rights Abuses in Cuba (PDF, 121 KB) (CF 23-03)
From: Peace and Justice Commission
Contact: Manuel Hector,
Secretary, 981-5110
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
High Cost of Berkeley’s Traffic
Circles
1. David
N. Keightley
2. Mani
Simmons
3. Beth
Sheppard
4. Judith
Reich
5. Jason
Meggs
Long’s Drugstore at Bancroft
and Shattuck
6.
Terry Cochrell
International Tribunal for
Afghanistan
7.
Leuren Moret
Escaped Property Tax
8.
Gale Garcia
Recall Election of Governor
Gray Davis
9.
Raymond H. Hawkins
Berkeley Budget
10.
Jonathan Polland
Relocation of the Animal
Shelter
11.
Karen Ball
Absence of “No Trespass” Sign
at St. John’s Presbyterian Church
12.
Anne Marselis Whyte
Long Range Development Plan at
LBNL
13.
Leuren Moret
