Regular Meeting eAgenda
February 24
, 2004

printer friendly pdf

Printer-friendly PDF* agenda: (33 KB)

 

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

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 24, 20047:00 P.m.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1633 Sixth Street, Berkeley, CA

 

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location.  Questions regarding this matter may be addressed to Sherry M. Kelly, City Clerk, 981-6900.
 

Preliminary Matters

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.

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.      Reducing the Number of Waterfront Commission Meetings (PDF, 225 KB) (First reading 2/17/04- Absent - Breland)

From: Waterfront Commission

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.050 to eliminate the requirement that the Commission hold one meeting per month.

Financial Implications: Undetermined savings in staff time.

Contact: Cliff Marchetti, Secretary, 981-6376

2.      Amendment to FY 2004 Annual Appropriation Ordinance (PDF, 2 MB) (First reading 2/17/04 – Abstain – Spring, Absent - Breland)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending the FY2004 Annual Appropriation Ordinance No.6752-N.S. for FY2004 based upon recommended reappropriation of unexpected FY2003 funding and other adjustments since July 1, 2003 in the amount of $20,420,394.

Financial Implications:  All funds - $20,420,394.

Contact:  Tracy Vesely, Budget, 981-7000

3.      Needle Exchange (PDF, 166 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.

Financial Implications: None.

Contact: Sherry Kelly, City Clerk, 981-6900

4.      Prohibiting Smoking at Bus Stops (PDF, 350 KB) (CF 59-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, Smoking Pollution Control, by adding Section 12.70.030.V and amending Section 12.70.060.A relating to a ban on smoking within 20 feet of bus stops.

Financial Implications: Health and Human Services - $1000; Public Works ADA Capital Improvements - $1000; Office of Transportation - $1200.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Fred Medrano, Health and Human Services, 981-5100

5.      Advisory Board for the Solano Avenue Business Improvement District (PDF, 239 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing the Advisory Board for the Solano Avenue Business Improvement District (BID).

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

6.      Contract and Fund: Solano Avenue Business Improvement District (PDF, 382 KB)

From: City Manager

Recommendation:  Adopt two Resolutions: 1) establishing Fund 474 as the Solano Avenue Business Improvement District (BID) Fund for the purpose of collecting and accounting for BID assessment revenues; and 2) authorizing the City Manager to execute a sole source contract and any amendments with the Solano Avenue Association for up to $41,340 for services in the Solano Avenue Business Improvement District for calendar year 2004.

Financial Implications:  Solano Avenue BID Assessment Funds - $41,340.

Contact: Tom Myers, Economic Development, 981-7530

7.      Contract: Public Art Poetry Panels Book Publication (PDF, 409 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute contract and any amendments with Heyday Books in Berkeley to publish a book of poetry that documents the Public Art Poetry Panels in the Downtown Arts District for the period March 1, 2004 through December 31, 2004 in an amount not to exceed $35,000.

Financial Implications:  Measure S Public Art Funds - $7,000; Donated Funds - $28,000.

Contact: Tom Myers, Economic Development, 981-7530

8.      Formal Bid Solicitations and Request for Proposals (PDF, 515 KB)

Recommendation:  Approve invitation for bids and request for proposals (RFP) that: 1) will be, or are planned to be, issued; 2) have been issued and received due to extenuating circumstances; or 3) that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds - $1,206,277.

Contact: Fran David, Finance, 981-7200

9.      Supplemental Retirement Plan and Trust Agreement for Sworn Police Employees to Provide Retiree Medical Benefit Payments (PDF, 2 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement the Police Supplemental Retirement Plan and Trust Agreement for sworn police employees to pay former employees who have retired since January 1, 1989 for retiree medical coverage as provided in the Memorandum of Understanding (MOU) between the City and the Berkeley Police Association.

Financial Implications: None.

Contact: Nicki Spillane, Human Resources, 981-6800

10.  Contract: 1947 Center Street Elevator Modernization (PDF, 229 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for 1947 Center Street elevator modernization; accepting the bid of KONE Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $369,490.

Financial Implications: Building Purchases and Management Fund - $369,490.

Contact: Rene Cardinaux, Public Works, 981-6330

11.  Permits for Part-time Teachers in Residential Areas (PDF, 138 KB)

From: Councilmember Hawley

Recommendation:  Refer to the Planning Commission a review of the zoning requirements for home-based businesses in residential areas, and return to Council with: 1) criteria for certain part-time teaching-related businesses; and 2) a recommendation to revise the Zoning law to allow them to operate with an Administrative Use Permit if all specified criteria are met.

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

12.  Minimum Wage Proposal (PDF, 745 KB)

From: Councilmember Worthington

Recommendation:  Refer the Association of Community Organizations for Reform Now’s (ACORN) minimum wage proposal to the Commission on Labor.

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

13.  Proclamation Honoring Fred Lupke (PDF, 74 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation in honor of Fred Lupke for his countless volunteer hours working on projects including libraries, parks, and pools.

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

14.  Tibetan Flag Raising (PDF, 94 KB)

From: Councilmember Worthington

Recommendation:  Allow the Tibetan flag to be raised on the city flag pole on March 10, 2004 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

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

15.  Fee Waiver: Exchange Berth Fees at Berkeley Marina for Community Services

a.      From: Waterfront Commission (PDF, 2 MB)

Recommendation:  Adopt a Resolution approving the application for nonprofit in-lieu-of fee status and waiving berth fees at the Berkeley Marina for the Cordell Expeditions Project vessel Cordell Explorer.

Financial Implications: Revenues Lost - $7,010.

Contact: Cliff Marchetti, Secretary, 981-6376

b.      From: City Manager (PDF, 54 KB)

Recommendation:  The City Manager concurs with the recommendation of the Commission.

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

Action Calendar – New Business

16.  Criteria for Joint Use of Off-street Parking Spaces (PDF, 602 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23D.12.060 and 23E.28.060, concerning criteria for joint use of off-street parking spaces, to allow any use to meet its off-street parking requirements through a Joint Use Parking Agreement, providing that all other parking related criteria are met.

Financial Implications:  None.

Contact: Dan Marks, Planning, 981-7400

17.  Additional Requirements for Appeals from Zoning Adjustments Board (PDF, 651 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23B.32.050 and 23B.32.060 to adopt special procedures for certain appeals from decisions of the Zoning Adjustments Board.

Financial Implications: Undetermined savings.

Contact: Dan Marks, Planning, 981-7400

18.  Animal Care Budget Recommendations

a.      From: Citizens Humane Commission (PDF, 277 KB)

Recommendation:  1) Separate community group allocations from the animal shelter operations budget and cut these allocations only by the percentage that other city funded community group allocations be cut; 2) retain positions in the animal shelter budget essential to maintaining high standards of animal care; and 3) balance operation costs and eliminate the need for cuts at the targeted level through a dedicated stream of revenue.

Financial Implications: See report.

Contact: Kate O’Connor, Secretary, 981-6601

b.      From: City Manager (PDF, 145 KB)

Recommendation:  The City Manager does not concur with the commission’s recommendation to set aside monies from the budget into a special fund that can only be used on contracts and projects deemed necessary by the Humane Commission.  The commission’s recommendations should be referred to the FY 2004-FY 2005 budget development process so that Council can review and evaluate the recommendation in relation to all other citywide budget recommendations. Monies for the Humane Commission should not come from the existing BACS budget.

Contact: Jim Hynes, City Manager, 981-2493
 

Information Reports

19.  Traffic Circles: Costs and Implementation (PDF, 239 KB) (to be delivered)

From:  City Manager

Contact:  Peter Hillier, Transportation, 981-7010 and Rene Cardinaux, Public Works, 981-6300

20.  Implementation of Information Systems General Controls Audit Recommendations (PDF, 373 KB) (CF 51-03)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500
 

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.

White Zone Parking at the Central Library

1.      Siddika Angle

Hazardous Conditions for Pedestrians and Crossings Guards – College Avenue & Garber Street

2.      Anne Marselis Whyte

Precautionary Principle

3.      Danielle Ziolkowski

Nanotechnology Research Facility

4.      Cynthia Johnson, Berkeley Fellowship of Unitarian Universalists

 

Adjournment