Agenda Committee Item #4
Council Draft Agenda - December 9, 2003

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 9, 20037:00 p.m.

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.      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.


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.     Taxi Permits for Wheelchair Accessible Taxis (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 (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

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:  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

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

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.

Contact: Nicki Spillane, Human Resources, 981-6800

6.     Pool Operations and Donation by United Pool Council

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the United Pool Council (UPC), amending the Aquatics budget to reflect the new revenue earned, and extending pool operations through the winter months.

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

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.

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

8.     License Agreement:  Bait Shop at the Berkeley Marina

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.

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

9.     Contract: Traffic Mitigation Monitoring for Alta Bates Use Permit

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments not to exceed $270,390 with Fehr & Peers to provide traffic mitigation monitoring for the Alta Bates Use Permit for calendar years 2004 through 2006.

Contact: Dan Marks, Planning, 981-7400

10.  Contract: Bridget Transitional House Renovation

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.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Contract: Curb Ramp Installation Project

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the plans and specifications for the Curb Ramp Installation Project located at various locations; 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 $546,600 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Contract :  Janitorial Services at the Public Safety Building

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Universal Building Services for the provision of janitorial services at the Public Safety Building to increase the amount by $6,234 for the remainder of FY 04 for a total not to exceed $66,204 for FY 04, to increase the amount by $19,092 for
FY 05 for a total amount not to exceed $139,032 for FY 05, to increase the amount by $26,052 for FY 06 for a total amount not to exceed $145,992 for FY 06; and to extend the period to June 30, 2006.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  Contract: Parking Sign and Information System

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.

Contact: Peter Hillier, Transportation, 981-7010

14.  3x3 Joint Task Force on Housing (PDF, 60 KB)

From: Mayor Bates

Recommendation:  Reactivate the 3x3 Joint Task Force on Housing with the Rent Stabilization Board and appoint Mayor Bates, Councilmember Maio, and Councilmember Wozniak to represent the City Council.

Contact: Tom Bates, Mayor, 981-7100

15.  Process for Review of the Agenda Committee (PDF, 92 KB)

From: Mayor Bates

Recommendation:  1) Authorize a review of the Agenda Committee; 2) direct the Agenda Committee to report to Council in February 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

16.  Inclusionary Zoning Regulations for Renters (PDF, 753 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

17.  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

 

Appeals

18.  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

58.  Sam Sorokin

c.       Communications

19.  Appeal:  1326 Allston Way  (Public Hearing held and closed on 11/18/03.  Held over from 11/25/03)

a.      From: City Manager (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:

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  (October 21, 2003)

14.  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

15.  Daniel and Toni Horodysky

16.  Elise Peeples

d.      Communications (November 18, 2003)

1.      Martin Gugino

2.      George Collins

3.      Mary Magocsy

e.      Supplemental Communication (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.
 

Public Hearing

20.  Solano Avenue Business Improvement District (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

Old Business

21.  City Manager’s Contract Authority (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

22.  Support SB 916:  Increasing Bay Area Bridge Tolls to Fund Transportation Improvements (Held over from 11/25/03 by Councilmember Hawley)

From: Councilmember Worthington

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

 

New Business

23.  Amendment to FY 2004 Annual Appropriations Ordinance

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the FY 2004 Annual Appropriations Ordinance No. 6,752–N.S. for FY 2004 based upon recommended re-appropriation of unexpected FY 2003 funding, carryovers and other adjustments authorized since July 1, 2003, in the amount of ____________.

Contact: Paul Navazio, Budget, 981-7000

24.  Lease: City-Owned Property at 711 Harrison Street

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

25.  West Berkeley Branch Library Improvements

From: Board of Library Trustees

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.

Contact: Jackie Griffin, Library, 981-6195

26.  Planning Commission Review of Potential Hotel/Conference Center (PDF, 85 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

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”

Information Reports

27.  Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

28.  Fee Deferral: 2517 Sacramento Street

From: City Manager

Contact: Dan Marks, Planning, 981-7400

29.  Grant: Door-to-Door Household Hazardous Waste (HHW) Collection Program

From: City Manager

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

30.  Internal Control Risks Associated with Budget Cuts and Freezes (PDF, 397 KB)

From: City Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6750

31.  Peer Review of City of Berkeley Auditor's Office (PDF, 743 KB)

From: City Manager

Contact: Ann-Marie Hogan, City Auditor, 981-6750

32.  Human Rights Abuses in Cuba (PDF, 121 KB) (CF 23-03)

From: Peace and Justice Commission

Contact: Manuel Manuel Hector, Secretary, 981-5110

 

Communications

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

 

Adjournment