Moved,
seconded,carried (Hawley/Worthington) to adopt the Consent Calendar in one
motion except as indicated.
1.
Prohibiting Smoking at Bus Stops (PDF,
350 KB) (First reading – 2/24/04 – Unanimous; Second
reading – 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
Action: Adopted Ordinance No. 6793–N.S. (PDF, 100 KB) Effective April 8, 2004.
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
Actions: Removed from the Consent
Calendar by Councilmember Spring.
Moved, seconded, failed
(Maio/Spring; Noes – Shirek, Hawley, Olds, Wozniak, Bates) a main motion to
refer to staff and the Planning Commission an ordinance amendment to clarify
that new residential development is excluded.
Moved, seconded, failed (Hawley/Wozniak; Noes – Maio, Spring, Olds,
Worthington; Abstain – Breland, Shirek) a substitute motion to adopt second
reading of the ordinance.
Moved, seconded, carried (Olds/Hawley) a motion to
reconsider the substitute motion.
Moved, seconded, carried a severed motion as follows:
(Maio/Spring; Abstain – Hawley, Worthington) to adopt
second reading of Ordinance 6,794-N.S. (PDF, 171 KB)
Ordinance effective April 8, 2004.
(Maio/Spring; Noes – Worthington; Abstain – Breland,
Spring) to refer to the Planning Commission a revision to the ordinance by end
of June that will exclude new residential development and to also consider the
issues of distance and sufficient parking in the retail areas.
3.
Additional Requirements for Appeals from Zoning Adjustments
Board (PDF, 651 KB) (First
reading – 2/24/04 – Unanimous; Second reading - 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
Action: Adopted Ordinance No. 6,795–N.S. (PDF, 246 KB) Effective April 8, 2004.
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
Action: Approved minutes (Abstain – Breland on all
special meeting minutes).
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
Action: Adopted Resolution No. 62,396–N.S. (PDF, 98 KB)
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
Action: Removed
from the Consent Calendar by Councilmember Worthington and held over to March
23, 2004.
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
Action: Approved
recommendation.
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
Action: Adopted Resolution No. 62,397–N.S. (PDF, 118 KB)
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
Action: Adopted Resolution No. 62,398–N.S. (PDF, 162 KB)
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
Action: Adopted Resolution No. 62,399–N.S. (PDF, 118 KB)
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
Action: Adopted Resolution No. 62,400–N.S. (PDF, 102 KB)
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
Action: Adopted Resolution No. 62,401–N.S. (PDF, 108 KB)
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
Action: Adopted Resolution No. 62,402–N.S. (PDF, 101 KB)
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
Action: Approved title, text and analysis.
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
Action: Approved
recommendation.
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: Adopted Resolution No. 62,403–
N.S. (PDF, 59 KB)
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
Action: Moved, seconded, carried (Worthington/Maio)
to refer language changes to the City Attorney.
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
Action: Moved, seconded, carried (Worthington/Maio;
Noes - Olds) to adopt Resolution No. 62,404–N.S. (PDF, 67 KB)
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
Action: Moved, seconded, carried (Hawley/Olds) to
refer to staff for a report on options for consideration and for the Agenda
Committee to schedule a time on the Council’s calendar for a more in-depth
discussion.
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
Action: Moved, seconded, carried
(Worthington/Wozniak –Abstain - Spring) to approve recommendation.
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
Action: Moved, seconded, carried (Maio/Wozniak; Abstain - Spring)
to postpone to date uncertain.
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
Action: Moved, seconded, carried (Maio/Hawley;
Abstain – Breland) to hold over to March 23, 2004 for additional information
from staff.
