Agenda Committee Item #5
Council Draft Agenda - March 23, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 23, 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.

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.      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
 

Information Reports

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

 

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.
 

Adjournment