Regular Meeting eAgenda
March 9
, 2004

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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: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 9, 20047:00 P.M.

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

The City Council may take action related to any subject listed on the Agenda.

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.

1.     Proclamation declaring March as American Red Cross Month.

2.     Proclamation declaring March 15th to 21st Junior Bach Festival Week.

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.      Prohibiting Smoking at Bus Stops (PDF, 350 KB) (CF 59-03) (First reading – 2/24/04 - Unanimous)

From: City Manager

Recommendation:  Adopt second 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

2.      Criteria for Joint Use of Off-street Parking Spaces (PDF, 602 KB) (First reading – 2/24/04 – Noes - Worthington)

From: City Manager

Recommendation:  Adopt second 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

3.      Additional Requirements for Appeals from Zoning Adjustments Board (PDF, 651 KB) (First reading – 2/24/04 - Unanimous)

From: City Manager

Recommendation: Adopt second 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

4.      Minutes for Approval (PDF, 3 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of February 9, 2004 (closed), February 10, 2004 (special and regular), February 17, 2004 (special and regular), and February 24, 2004 (special and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

5.      Needle Exchange (PDF, 162 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.

Contact: Sherry Kelly, City Clerk, 981-6900

6.      Revisions to Commissioners’ Manual - New Conduct Provisions and Administrative Updates (PDF, 11 MB)

From: City Manager

Recommendation:  Adopt a Resolution readopting the Commissioners’ Manual to incorporate new provisions for conduct at commission meetings and administrative updates and rescinding Resolution No. 56,698–N.S.

Contacts: Arrietta Chakos, City Manager, 981-7000 and Sherry M. Kelly, City Clerk, 981-6900

7.      Formal Bid Solicitations and Requests for Proposals (PDF, 502 KB)

From: City Manager

Recommendation:  Approve the attached list of new invitation for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds - $2,226,756.

Contact: Fran David, Finance, 981-7200

8.      Grant: Traffic Safety Through Prevention (PDF, 341 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the California Office of Traffic Safety for funds in the amount of $240,000 in FY 2004 to incorporate traffic safety prevention into the existing peer education program for grades 6 through 12; 2) accept the grant; 3) execute any resultant revenue agreements and amendments; and 3) authorize implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Revenues - $240,000.

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

9.      Parking Meter Maintenance and Collection Supervisor Classifications (PDF, 278 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,807-N.S., Classification/Salary for SEIU Local 790 Employees to: 1) establish the classification of Parking Meter Maintenance and Collections Supervisor; and 2) abolish the classifications of Parking Meter Maintenance Supervisor and Supervising Parking Meter Mechanic.

Financial Implications: General Fund - $2,400.

Contact: Nicki Spillane, Human Resources, 981-6800

10.  Extend Temporary Appointments (PDF, 606 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of temporary appointments up to six months for employees in the departments of Health and Human Services, City Manager, Animal Services and Public Works.

Financial Implications: Various Funds - $133,223.

Contact: Nicki Spillane, Human Resources, 981-6800

11.  Contract: Plan Checking Services (PDF, 334 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Linhart Petersen Powers Associates (LP2A) for plan checking services to: 1) add condominium conversion inspections to the scope of services; and 2) increase the contract amount by $102, 500 for a total amount not to exceed $222,500 for the period of January 1, 2003 through January 5, 2005.

Financial Implications:  Permit Service Center Fund - $102,500.

Contact: Dan Marks, Planning, 981-7400

12.  Contract: Engineering Services at Harrison Street Skate Park (PDF, 269 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Geomatrix Consultants, Inc. to increase the scope of services and increase the contract amount by $30,000 for a new total not to exceed $75,100.

Financial Implications:  Parks Tax Fund - $30,000.

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700 and Rene Cardinaux, Public Works, 981-6330

13.  Contract: Roof Replacement, Francis Albrier Community Center and West Campus Swim Center (PDF, 251 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications for roof replacement at Francis Albrier Community Center and West Campus Swim Center; accepting the bid of State Roofing Systems, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $110,000.

Financial Implications: Capital Fund, General Fund, Community Development Block Grant Fund - $110,000.

Contact: Rene Cardinaux, Public Works, 981-6330

14.  Ballot Measure:  Rent Stabilization Ordinance Amendment (PDF, 345 KB) (CF9-03)

From: City Manager

Recommendation:  Provide comments to the City Attorney on the draft title, text and City Attorney’s analysis of a proposed amendment to the Rent Stabilization and Eviction for Good Cause Ordinance (Berkeley Municipal Code section 13.76.110) to allow for automatic base rent ceiling adjustments.  The Council already approved the text of the measure in April 2003 to be placed on the November 2004 ballot, upon the recommendation of the Rent Stabilization Board.

Financial Implications: Rent Board Savings - $15,000 to $20,000 annually.  Cost to place measure on the ballot is approximately $5,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

15.  Process for Determining Changes in Hours of Ohlone Dog Park (PDF, 236 KB)

From:  Councilmember Maio

Recommendation:  Request the Parks and Recreation Commission hold a public hearing regarding new hours for the Ohlone Dog Park, considering as part of the process the proposals made at the meeting of users and neighbors held on January 22, 2004, and determine appropriate changes to the hours.

Contact:  Linda Maio, Councilmember District 1, 981-7110

16.  Appointment to Mental Health Commission

a.     From: Mental Health Commission (PDF, 144 KB)

Recommendation:  Adopt a Resolution appointing Alan Maris to the Mental Health Commission, General Public Interest Category – Albany resident, for a three-year term beginning March 10, 2004 and ending March 9, 2007.

Contact: Harvey Tureck, Secretary, 981-5213

b.     From: City Manager (PDF, 58 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

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

Action Calendar - Presentation

17.  Presentation by Health Officer on Health Effects of Base Station Antennas (PDF, 228 KB) (To be delivered)

Information Report from City Manager

Contact:  Fred Medrano, Health and Human Services


Action Calendar – Old Business

18.  Animal Care Budget Recommendations

a.     From: Citizens Humane Commission (PDF, 298 KB) (Revised - March 9, 2004)

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) (Held over from February 24, 2004 by City Manager)

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

Action Calendar – New Business

19.  Ballot Measures: Reauthorization of Expenditures of Voter-Approved Taxes (PDF, 239 KB)

From: City Manager

Recommendation: Provide comments to the City Attorney on the draft title, text and City Attorney’s analysis of a ballot measure for the November 2004 General Municipal Election to reauthorize expenditure of taxes previously approved by the voters (Gann Limit Override) to fund park maintenance, the public library, emergency medical services (EMS) and emergency services for severely physically disabled persons, since reauthorization of such expenditures is required every four years by the California Constitution. 

Financial Implications: This is not a new tax or a tax increase but is a reauthorization of expenditures.  Costs to place measure on the ballot is approximately $5,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

20.  Fee Waiver: Youth and Family Block Party (PDF, 75 KB)

From: Councilmember Breland

Recommendation:  Adopt a Resolution waiving permit, sound, food and insurance fees for the Youth and Family Block Party to be held on March 20, 2004 between San Pablo Avenue to the Bay and Dwight Way to University Avenue.

Financial Implications: Lost Revenues - $400.

Contact: Margaret Breland, Councilmember District 2, 981-7120

21.  Calculating Densities in C-1 and R-3 Zones (PDF, 415 KB)

From:  Councilmember Spring

Recommendation:  Adopt the methodology presented in this report as an option for calculating development densities in C-1 and R-3 zones, which would provide for a 25% density bonus for residential units as required by State law.

Contact:  Dona Spring, Councilmember District 4, 981-7140

22.  Support MoveOn.org’s Efforts to Censure President Bush (PDF, 1 MB)

From:  Councilmember Worthington

Recommendation:  Support MoveOn.org’s efforts to censure President George Bush.

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

23.  Investigation of Impeachable Offenses

a.     From: Peace and Justice Commission (PDF, 370 KB)  |  Attachments (PDF, 2 MB)

Recommendation:  Adopt a Resolution requesting Congresswoman Barbara Lee submit a resolution to the House Judiciary Committee requesting an investigation as to whether impeachable offenses were committed by President George W. Bush and Vice-President Richard B. Cheney.

Contact: Manuel Hector, Secretary, 981-5110

b.     From: City Manager (PDF, 46 KB)

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

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

24.  Fee Waiver: Cal Sailing Club Use Permit Fees

a.     From: Waterfront Commission (PDF, 194 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a Use Permit to the Cal Sailing Club and waiving the fee for the Use Permit.

Contact: Cliff Marchetti, Secretary, 981-6376

b.     From: City Manager (PDF, 620 KB)

Recommendation:  Deny the request from Cal Sailing Club to waive the $4,000 use permit application fee and an unidentified amount in building permit-related fees for construction of a new clubhouse.

Financial Implications: Lost Revenues - $4,000.

Contact: Dan Marks, Planning, 981-7400

Information Reports

25.  Investment Report: Quarter Ending December 31, 2003 (PDF, 3 MB)

From: City Manager

Contact: Fran David, Finance, 981-7200

26.  Response to University Village Master Plan Draft Environmental Impact Report (DEIR) (PDF, 305 KB)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

27.  Information Regarding Development Projects (PDF, 1 MB) (CF 70-03)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

28.  Landmarks Preservation Commission Notice of Decision and Resolution: Approval of Demolition - 3075 Telegraph Avenue (PDF, 853 KB)

Contact: Dan Marks, Planning, 981-7400

29.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit – 2300 Shattuck Avenue (PDF, 954 KB)

Contact: Dan Marks, Planning, 981-7400

30.  Landmarks Preservation Commission Notice of Decision: Landmark Designation - 45 Oak Ridge Road (PDF, 8 MB)

Contact: Dan Marks, Planning, 981-7400
 

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.

1600 Shattuck, Sprint PCS Antennas

1.     Shahram Shahruz

2.     Constance Sutton

3.     Frances Strassman

Workmans’ Compensation Issues

4.     John Ringewald

Reckless Driving City Garbage Truck

5.     Anne Marselis Whyte

Permitting Task Force

6.     Frances Strassman

FY 2005 Budget Item

7.     Sharon Hudson

Telegraph Avenue Bus Rapid Transit

8.     John Caner

Reduction of Public Works Workforce

9.     Rick Chan, I.B.E.W. Local 1245

Cost of Doing Business in Berkeley

10.  Barbara Gilbert

First-Time Homebuyers

11.  Rhiannon (2)

2526 Durant Mixed-Use Development Project

12.  Allen Freeman, Livable Berkeley

Water from the Underground Garage at Saint John’s Presbyterian Church, 2727 College Avenue

13.  Anne Marselis

Clogged Drains on College Avenue

14.  Anne Marselis

Oppose Constitutional Amendment

15.  Tom Kelly

Ohlone Dog Park

16.  Mark Harpainter

17.  Claire Schoen

2880 Sacramento Street - Cannabis Club

18.  Sam Herbert (2)

19.  Monica Bosson

Fire Grant Applications

20.  Tom Kelly

$3.6M from Vista for Traffic Mitigation

21.  Barbara Gilbert

Calculating Densities in C-1 and R-3 Zones

22.  Kris Eggen

23.  Jeff Stein

Investigation of Impeachable Offenses

24.  Marjorie Athwal, National Coalition to Impeach Bush/Cheney

 

Adjournment