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AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
March 23, 2004 – 7:00
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
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.
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.
Removal of Coastal Live Oak Tree at 3000 Shasta Road (PDF,
142 KB)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Ordinance 6,321–N.S. to allow for the removal of one coastal
live oak tree at 3000 Shasta Road.
Contact: Sherry Kelly, City Clerk, 981-6900
2.
Minutes for Approval (PDF, 1 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of March 9, 2004 (special and regular).
Contact: Sherry Kelly, City
Clerk, 981-6900
3.
Needle Exchange (PDF, 164 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
4.
Formal Bid Solicitations and Requests for Proposals (PDF,
338 KB)
From: City Manager
Recommendation: Approve the attached list
of new invitations for bids and requests for proposals (RFP) that will be, or
are planned to be, 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 - $1,505,096.
Contact: Fran David,
Finance, 981-7300
5.
Contract: Legal Services (PDF, 267 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to make payments to Hanson Bridgett Marcus Vlahos
Rudy LLP (Hanson Bridgett) in an amount not to exceed $20,000 for legal
services pertaining to federal and state tax issues for the period of October
1, 2003 through June 30, 2004.
Financial Implications: General Fund - $20,000
Contact: Nicki Spillane,
Human Resources, 981-6800
6.
Thousand Oaks Heights Applicant Financed Utility Underground
District No. 1 (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution
declaring intention to prepare Assessment Engineer’s Report, receive bids; mail
assessment ballots to parcel owners; and hold a public hearing on July 20th
for purposes of establishing the Thousand Oaks Heights Applicant Financed
Utility Underground District No. 1 (TOH AFUUD No. 1)
Financial Implications: Design expenditures of $186,464 paid for from TOH
AFUUD No. 1 Fund.
Contact: Rene Cardinaux,
Public Works, 981-6300
7.
Agreement: Gilman Street Sports Field JPA CEQA Review and
Project Development (PDF, 559 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) execute an
agreement with the City of Albany to advance the costs to perform the CEQA
environmental review and preliminary project design for the Gilman Street
Sports Fields; and 2) amend the FY 2004 parks budget to add $100,000 that will
be advanced by the City of Albany.
Financial Implications: Parks Tax Fund - $50,000.
Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700
8.
Contract: Aquatic Park Natural Resources Management Study
(PDF, 266 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract amendment with Laurel Marcus and
Associates (LMA) to increase the scope of services and increase the contract
amount by $27,700 for a total not to exceed $97,700 and to extend the period of
the contract from September 9, 2004 to September 8, 2005.
Financial Implications: General Fund - $27,700.
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
9.
Contract: Storage Lockers for Homeless Individuals (PDF,
324 KB) (CF 64-03)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a sole source contract and any amendments with Building
Opportunities for Self-Sufficiency (BOSS) for the purchase, installation and
management of storage lockers at the Multi-Agency Service Center located in the
Veterans’ Memorial Building for individuals experiencing homelessness for the
period April 1, 2004 to June 30, 2005 in an amount not to exceed $45,000.
Financial
Implications: General
Fund - $45,000.
Contact:
Fred Medrano, Department of Health & Human Services, 981-5100
10.
Contract: Construction of Sankofa House
(PDF, 647 KB) (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution
transferring $235,000 of allocated Housing Trust Funds, previously approved for
the construction of the Building Opportunities for Self-Sufficiency’s (BOSS)
Picante House, to the construction of the BOSS Sankofa House at the City-owned
Harrison Street site and to allocate $103,000 in FY 2004 Housing Trust Funds
for the Sankofa House project.
Financial Implications:
Housing Trust
Fund - $235,000.
Contact: Stephen Barton,
Housing, 981-5400
11.
Contract: Berkeley
Alliance (PDF, 434 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with the Berkeley Alliance to add $70, 000 for a total not to
exceed $150,000 in order to launch the volunteer coordination effort of
Berkeley Champions for Kids.
Financial Implications:
General Fund
- $70,000.
Contact: Arrietta Chakos, City Manager, 981-7000
12.
Proclamation: Holocaust Remembrance Day (PDF, 69 KB)
From: Councilmember Worthington
Recommendation: Approve a proclamation
supporting April 18th as Holocaust Remembrance Day.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
13.
Support the Voter Confidence and Increased Accessibility Act (S1980
and HR2239) (PDF, 1 MB)
From: Councilmember Worthington
Recommendation: Support the Voter
Confidence and Increased Accessibility Act (S1980 and HR2239) requiring all
voting machines to have a paper record so voters can check the accuracy of
their votes. Also, that the City send letters to our U.S. congressional
representatives and senators urging for their support.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
14.
Proclamation: Outstanding Women in Berkeley
a. From:
Commission on the Status of Women (PDF, 208 KB)
Recommendation: Approve a proclamation
honoring the efforts of Berkeley women who have made outstanding contributions
to our community.
Contact: Tasha Tervalon,
Secretary, 981-5347
b. From:
City Manager (PDF, 48 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 - Old Business
15.
Revisions to Commissioners’ Manual - New Conduct Provisions
and Administrative Updates (PDF, 11 MB)
(Removed by Councilmember
Worthington from 3/09/04)
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
16.
Fee Waiver: Cal Sailing Club Use Permit Fees (Held over from 3/09/04)
a. From:
Waterfront Commission (PDF, 164 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, 84 KB) (Report
3/23/04)
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
17.
FY 2005 and FY 2006 Budget Balancing Options (to be delivered)
a. From: City Manager (PDF, 6 MB)
Recommendation: Give direction to the City Manager regarding FY 2005 and FY 2006 budget
balancing options including revenue increases, expenditure reductions, and
possible ballot measures. (see City
Manager Reports of 1/27/04, 2/10/04, 2/17/04, 2/24/04, 3/9/04 and 3/16/04)
Contact: Phil Kamlarz, City
Manager, 981-7000
b. From: Mayor Bates and Councilmembers Hawley, Maio
and Worthington (PDF, 164 KB)
Recommendation: Direct the City Manager to
examine options for a new revenue measure that restore and expand critical
youth services and youth safety programs.
Contact: Tom Bates, Mayor,
981-7100
18.
Special Events:
Clarification of Permit Process and Policy and Fee Waivers
(PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution: 1) clarifying the permitting process and fee waiver
process for special events when City support is requested; and 2) adopt a
budget allocation for event related cash grants and costs not to exceed
$125,000 for FY 2005.
Financial Implications: Various Funds - $125,000.
Contact:
Grace Maguire, City Manager, 981-7000, Fred Medrano, Health and Human Services,
981-5100
Action
Calendar – New Business
19.
Study of Parking Utilization and Morning Fee Options for
Center Street and Sather Gate Garages (PDF, 408 KB) (CF 68-03)
From: City Manager
Recommendation: Give direction to staff
regarding garage policy and fee structure regarding a flat-rate fee of $1.50
for two-hour period between the hours of 7 a.m. and 11 a.m. and set a public
hearing for April 20, 2004 regarding the fee.
Financial Implications:
Revenue
neutral.
Contact:
Peter Hillier, Transportation, 981-7010
20.
Charter Amendment
Enabling Mayoral Elections to Coincide with the Presidential Election
(PDF, 81 KB)
From: Councilmember Worthington
Recommendation: Prepare to place on the
November 2004 ballot a charter amendment to move Mayoral elections earlier by 2
years to coincide with the United States Presidential election, and to make a
one time only change to a two-year term from 2006-2008.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
21.
Food Service Quota for Northside Commercial District (PDF,
282 KB) (CF 24-03) (Moved to
Action Calendar by Agenda Committee)
From:
City Manager
Contact: Dan Marks,
Planning, 981-7400
22.
Satellite Senior Homes’ Project (PDF,
848 KB)
From: Councilmembers Maio and Worthington
Recommendation: Direct staff to exclude
this project from previous Council direction on the University Avenue Strategic
Plan and a potential moratorium, facilitate finalizing Satellite Housing’s use
permit application for 79 units of affordable senior housing at 1535 University
Avenue by April, 2004 and not wait for zoning changes initiated by the
University Avenue Strategic Plan.
Contact: Linda Maio, Councilmember District 1, 981-7110 and
Kriss Worthington, Councilmember District 7, 981-7170
23.
Amendments to Council Rules of Procedure
a. From: Council Agenda Committee
(PDF, 4 MB)
Recommendation: Adopt a Resolution
readopting Council Rules of Procedure incorporating recommendations approved by
the Agenda Committee and rescinding Resolution No. 61,968-N.S.
Contact: Mim Hawley, Councilmember
District 5, 981-7150, Linda Maio, Councilmember District 1, 981-7100 and Tom
Bates, Mayor, 981-7100
b. From: Councilmember Spring (PDF, 92
KB)
Recommendation: Consider recommendations
for changes to Council Rules of Procedure as noted in the report.
Contact: Dona Spring,
Councilmember District 4, 981-7140
24.
Appeal of Use Permit – 2020 Kittredge Street (Library Gardens)
(to be delivered)
a. From:
City Manager (PDF, 7 MB)
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board to certify the Final
Subsequent Environmental Impact Report (FSEIR) and approve modification of Use
Permit 01-10000062 to remove one floor of subterranean parking thereby reducing
the number of parking spaces from 455 to 240.
Contact: Dan Marks, Planning and
Development, 981-7400
b.
Appeal (PDF, 320 KB)
1.
Steve Geller
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.
25.
Update on Implementation of Customer Service Cash
Receipts/Cash Handling Audit Recommendations (PDF, 747 KB) (CF 12-03) (to be delivered)
From: City Manager
Contact: Fran David,
Finance, 981-7300
26.
Update on Implementation of Finance-Treasury Cash
Receipts/Cash Handling Audit Recommendations (PDF, 706 KB) (CF 55-03)
From: City Manager
Contact:
Fran David, Finance, 981-7300
27.
Bed and Breakfast Zoning Ordinance Amendment (PDF,
94 KB) (CF 48-03)
From: City Manager
Contact: Dan Marks,
Planning, 981-7400
28.
Landmarks Preservation Commission Notice of Decision: 2526
Durant Avenue - Determination Re: Adequacy of EIR and Non-approval of
Demolition (PDF, 793 KB)
From: City Manager
Contact:
Dan Marks, Planning, 981-7400
29.
Ocean View Gardens Apartments Follow Up Report (PDF,
1 MB) (CF 04-04)
From: City Manager
Contact: Dan Marks,
Planning, 981-7400 and Stephen Barton, Housing, 981-5400
30.
Implementation Status of Transfer Station Cash Receipts/Cash
Handling Audit Recommendations (PDF, 935 KB) (CF 35-03)
From: City Manager
Contact: Rene Cardinaux,
Public Works, 981-6300
31.
Work Plan for 2004 (PDF,
108 KB)
From: Waterfront Commission
Contact: Cliff Marchetti,
Secretary, 644-6376 Ext 224
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Decorum and Proceedings at
Council Meetings
1. Barbara
Gilbert
Censure and Impeachment
2.
Alan Barnett, National Coalition to Impeach Bush & Cheney
3.
Joanna Graham
Density
Calculations
4.
Barbara Gilbert
5.
Andrea Banduhn
Most Active Neighborhood
Associations
6.
Vivek Hutheesing
Institutional Encroachment
7.
Barbara Gilbert
Public
Safety Linkage Fees
8.
Barbara Gilbert
Creek Ordinance
9.
John and Kay Lyman
10.
Ron Sires
Campaign Reform and Taxes
11.
Sharon Hudson
Speeding Traffic
12.
Anne Whyte
