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DRAFT
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
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
From: City Manager
Recommendation: Approve the minutes for Council meetings of March 9, 2004 (special and
regular).
Contact: Contact: Sherry Kelly, City Clerk, 981-6900
3.
Needle Exchange
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
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 – Hanson Bridgett Marcus Vlahos Rudy
LLP
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.
Contact: Nicki Spillane, Human Resources, 981-6800
6.
Thousand Oaks Heights Applicant Financed Utility Underground
District No. 1
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.
Contract: Consulting
Services for JPA Playing Fields
From: City Manager
Recommendation:
Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
8.
Special Events:
Clarification of Permit Process and Policy and Fee Waivers
From: City Manager
Recommendation: Adopt a Resolution clarifying the permitting process for special events
when City support is requested.
Contact:
Grace Maguire, City Manager, 981-7000
9.
Contract: Berkeley
Alliance
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: $150,000 -
Contact: Arrietta Chakos, City Manager,
981-7000
10.
Charter Amendment Enabling Mayoral Elections to Coincide with
the Presidential Election (PDF, 23 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
11.
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
12.
Support the Voter Confidence and Increased Accessibility Act
(S1980 and HR2239) (PDF, 123 KB)
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
13.
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
14.
Revisions to Commissioners’ Manual: New Conduct Provisions and
Administrative Updates (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; Sherry
M. Kelly, City Clerk, 981-6900
15.
Fee Waiver: Cal Sailing Club Use Permit Fees (Held over from 3/09/04)
a. From:
Waterfront Commission
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
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
Calendar – New Business
16.
FY 2005 and FY 2006 Budget Balancing Options
From: City Manager
Recommendation: Direction to the City
Manager regarding FY 2005 and FY 2006 budget balancing options including
revenue enhancements, expenditure reductions, and possible ballot measures.
Contact: Phil Kamlarz, City
Manager, 981-7000
17.
Study of Parking Utilization and Morning Fee Options for
Center Street and Sather Gate Garages (CF 68-03)
From: City Manager
Recommendation: Give direction to staff
regarding Center Street 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
18.
Satellite Senior Homes’ Project
(PDF, 829 KB)
From: Councilmembers Maio and Worthington.
Recommendation: Direct staff to facilitate
finalizing Satellite Senior Homes’ use permit application for 79 units of
affordable senior housing at 1535 University Avenue by March 31, 2004.
Financial Implications:
None.
Contact: Linda Maio, Councilmember District 1, 981-7110 and
Kriss Worthington, Councilmember District 7, 981-7170
19.
Amendments to Council Rules of Procedure
From: Council Agenda
Committee
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
20.
Update on Implementation of Customer Service Cash
Receipts/Cash Handling Audit Recommendations (CF 12-03)
From: City Manager
Contact: Fran David, Finance, 981-7300
21.
Update on Implementation of Finance-Treasury Cash
Receipts/Cash Handling Audit Recommendations (CF 55-03)
From: City Manager
Contact: Fran David, Finance, 981-7300
22.
Bed and Breakfast Zoning Ordinance Amendment (CF 48-03)
From: City Manager
Contact: Dan Marks, Planning, 981-7400
23.
Landmarks Preservation Commission Notice of Decision: 2526
Durant Avenue - Determination Re: Adequacy of EIR and Non-approval of
Demolition
From: City Manager
Contact:
Dan Marks, Planning, 981-7400
24.
Food Service Quota for Northside Commercial District (CF 24-03)
From:
City Manager
Contact: Dan Marks,
Planning, 981-7400
25.
Ocean View Gardens Apartments Follow Up Report (CF 04-04)
From: City Manager
Contact:
Dan Marks, Planning, 981-7400 and Stephen Barton, Housing, 981-5400
26.
Implementation Status of Transfer Station Cash Receipts/Cash
Handling Audit Recommendations (CF 35-03)
From: City Manager
Contact: Rene Cardinaux, Public Works, 981-6300
27.
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.
