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AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
April 27, 2004 7:00
P.M.
Council Chambers,
2134 Martin Luther King Jr. Way
Roll Call
Ceremonial Matters: In addition to those items listed on the agenda,
the Mayor may add additional ceremonial matters.
1.
Recognition of Smart Lights and California Youth Energy
Services (CYES) programs
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.
Fee Waiver: Seismic Strengthening
(PDF, 429 KB) (First Reading April 20, 2004)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code Chapter19.66 (Waiver of Seismic
Retrofitting Fees) to discontinue the waiver of building permit fees for
seismic retrofit of residential buildings.
Financial Implications: Permit Service Center Fund Revenue $300,000 a
year.
Contact: Dan Marks,
Planning, 981-7400
2.
Confirming the Results of the March 2, 2004 Special Municipal
Election (PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution
confirming the results of the March 2, 2004 Special Municipal Election and
declaring the passage of Measure H Charter Amendment Changing the Date of
the Runoff Election and Lowering the Percent Required to be Elected to 40%;
Measure I Charter Amendment Authorizing Council to adopt Instant Runoff
Voting; and Measure J Charter Amendment Establishing a Candidate Filing Fee
of $150 and Requiring Candidates for Council Districts to be Nominated by
Voters Registered in the District.
Financial Implications: None.
Contact:
Sherry Kelly, City Clerk, 981-6900
3.
Settlement Agreement:
Y. Narcisse v. City of Berkeley (PDF, 85 KB)
From: City Manager
Recommendation: Adopt a Resolution
approving the settlement of the Alameda County Superior Court Action No. 2002
052247 entitled Y. Narcisse v. City of Berkeley in the amount of $45,000.
Financial Implications: Public Liability Fund $45,000.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
4.
Formal Bid Solicitations and Request for Proposals
(PDF, 233 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, 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 $881,035.
Contact: Fran David,
Finance, 981-7300
5.
Grant and Contract: Low Income Program Revenues
(PDF, 237 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1)
authorizing the City Manager to execute a contract with the State Department of
Community Services and Development for a U.S. Department of Energy
Weatherization Assistance Program, in the amount of $23,728 for period April 1,
2004 through January 31, 2005, to provide weatherization assistance for
eligible resident of Berkeley, Albany, and Emeryville; 2) approving the
Priority Plan; and 3) authorizing the City Manager to designate a
representative to sign required fiscal and programmatic reports.
Financial Implications: Grant $23,728.
Contact: Stephen Barton,
Housing, 981-5400
6.
Green Neighbors Partnership Program Cooperative
(PDF, 229 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing membership to the Green Neighbors/East Bay partnership program
cooperative to further market existing and new energy and resource conservation
programs to businesses and residents.
Financial Implications: Energy Program $1,000.
Contact: Stephen Barton,
Housing, 981-5400
7.
Contract: Reduction of Hazardous Vegetation on Pathways and
Parks (PDF, 235 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
California Conservation Corps (CCC) for reduction of hazardous vegetation on
pathways and parks in an amount not to exceed $420,000 for the period June 1,
2004 and ending June 30, 2009.
Financial Implications: Parks Tax Fund $420,000.
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
8.
Lease: Retail Phone and Auto Parts Store - 2431 Channing Way
(PDF, 2 MB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement with Goson
Li for the purpose of operating a retail phone and auto parts store located at
2431 Channing Way (Sather Gate Shops).
Financial Implications: Revenues from 2004-2012 $151,668.
Contact: Rene Cardinaux,
Public Works, 981-6300
9.
Repeal Tax Breaks for the Wealthy (PDF,
221 KB)
From: Councilmembers Maio, Breland and Worthington
Recommendation: Adopt a Resolution calling
upon the United States Congress to vote to repeal the 2003 tax breaks that benefit
only upper income taxpayers, to redirect a portion of the restored funds to the
states to alleviate budget cuts, and to vote against any future tax breaks for
wealthy Americans and/or large corporations.
Contact: Linda Maio,
Councilmember District 1, 981-7110, Margaret Breland, Councilmember District 2,
981-7120, and Kriss Worthington, Councilmember District 7, 981-7170
10.
Support Tibetan Youth Congress' Hunger Strike (PDF,
98 KB)
From: Councilmember Worthington
Recommendation: Support Tibetan Youth
Congress Indefinite Hunger Strike urging the United Nations Secretary General
and High Commissioner for Human Rights to meet with the hunger strikers and
address their demands. Also, send a
letter to the United Nations Secretary General and United Nations High Commissioner
for Human Rights expressing our solidarity and support for the Tibetan movement
and the hunger strikers.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
11.
Infant Child Care for Teen Parents at the Vera Casey Center (to be delivered)
a. From:
Commission on Early Childhood Education (PDF, 558 KB)
Recommendation: Send a letter to the
Berkeley School Superintendent and members of the Board of Education urging the
School District to retain the Cal-SAFE grant that provides the infant child
care and supportive services for teen parents at the Vera Casey Center.
Financial Implications: None.
Contact: Kimberley
Willis-Starbuck, Secretary, 981-5428
b. From:
City Manager (PDF, 56 KB)
Recommendation: The City Manager takes no
position.
Contact: Stephen Barton,
Housing, 981-5400
12.
Alameda County Measure A Funds Earmarked for Detox Services
a. From:
Homeless Commission (PDF, 257 KB)
Recommendation: Adopt a Resolution urging
the Alameda County Board of Supervisors to earmark a portion of Measure A funds
to establish a detox facility in northern Alameda County.
Financial Implications: None.
Contact: Jane Micallef,
Secretary, 981-5426
b. From:
City Manager (PDF, 55 KB)
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Stephen Barton,
Housing, 981-5400
13.
Berkeley Pedestrian Charter
a. From:
Transportation Commission (PDF, 433 KB)
Recommendation: Adopt a Resolution
adopting the Berkeley Pedestrian Charter that establishes principles to guide
the creation of an urban environment and infrastructure that encourages and
supports walking in all parts of the City, as proposed by the Transportation
Commission.
Financial Implications: Unknown.
Contact: Peter Hillier,
Secretary, 981-7010
b. From:
City Manager (PDF, 62 KB)
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Peter Hillier,
Transportation, 981-7010
14.
Grant: Santa Fe Right of Way Multipurpose Bike Path and
Pedestrian Crossing
a. From:
City Manager (PDF, 761 KB)
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a funding agreement between the State
of California Department of Transportation (Caltrans) and the City to accept a
grant of $177,060 for Preliminary Engineering for the construction of the Santa
Fe Right of Way Multipurpose Bike Path and Pedestrian Crossing between
University Avenue and Delaware Street.
Financial Implications: Grant $177,060.
Contact: Rene Cardinaux,
Public Works, 981-6300
b. From:
Transportation Commission (PDF, 806 KB)
Recommendation: Support the staff
recommendations in constructing the West Street bicycle and pedestrian pathway
from Delaware Street to University Avenue.
Contact: Peter Hillier,
Secretary, 981-7010
Action Calendar Appeals
15.
Martin Luther King, Jr. Way
a. From:
City Manager (PDF, 1 MB)
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) approving an
Administrative Use Permit (AUP) under Section 23C.08.030.B of the Zoning
Ordinance to reduce the number of dwelling units of an existing five-unit
building (originally constructed as a duplex) to four, and dismissing the
appeal.
Financial Implications: None.
Contact:
Dan Marks, Planning, 981-7400
b. Appeal:
1.
Anna-Lisa Smoker (PDF,
59 KB)
c. Communications
(PDF, 372 KB)
1. Anna-Lisa
Smoker
2. Jay
Kelekian, Rent Stabilization Board
NOTICE
CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City
Council to approve or deny a use permit or variance for a project the following
requirements and restrictions apply: 1)
No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or
approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more
than 90 days after the date the Notice of Decision of the action of the City
Council is mailed. Any lawsuit not filed within that 90-day period will be
barred. 2) In any lawsuit that may be
filed against a City Council decision to approve or deny a use permit or
variance, the issues and evidence will be limited to those raised by you or
someone else, orally or in writing, at a public hearing or prior to the close
of the last public hearing on the project.
Action
Calendar Old Business
16.
Allocation of Funds for the FY 2004-2005 Federal Community
Development Block Grant (CDBG) and the Emergency Shelter Grant (ESG) (PDF,
7 MB) (Public hearing closed on April 20, 2004)
From: City Manager
Recommendation: Adopt a Resolution: 1)
approving proposals for funding under the FY 2004-2005 Community Development
Block Grant (CDBG) and Emergency Shelter Grant (ESG) programs; 2) executing the
resultant agreements and amendments for the 2004-2005 CDBG and ESG funds; 3)
placing 90% of the FY 2004-2005 HOME allocation in the Housing Trust Fund and
the remaining 10% for program administration; and 4) authorizing the City
Manager to submit the 2004 Annual Action Plan to the U.S. Department of Housing
and Urban Development (HUD) which includes the applications for CDBG and ESG
funding.
Financial Implications:
See report.
Contact: Stephen Barton,
Housing, 981-5400
17.
Grant and Contract: Improvements at Aquatic Park
(PDF, 210 KB) (Held over by
Councilmember Worthington from April 20, 2004)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) submit a competitive grant proposal for
improvements at Aquatic Park to the California Conservancy; 2) enter into a
contract with the Coastal Conservancy and execute related grant agreements and
any amendments; 3) accept these grant funds; 4) implement the projects; and
5) appropriate grant funding for related expenses, subject to securing the
grant.
Financial Implications: Revenue up
to $2,000,000.
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
Action
Calendar New Business
18.
Potential Ballot Measures for November 2004 Election (PDF, 4 MB) (to be delivered) (discussed at Work Session)
From: City Manager
Recommendation: Review draft ballot measure
materials and direct the City Manager about further development of the
potential measures designated at the March 23, 2004 meeting.
Contact: Phil Kamlarz, City Manager, 981-7000
19.
Public Financing of Election Campaigns (CF 21-04)(discussed at
Work Session)
a. From: City Manager (PDF, 8 MB)
Recommendation: Direction to the City Attorney
whether or not to prepare the text of a ballot measure for the November 2004
Election, which would amend the Berkeley Election Reform Act (BERA) to enable
the Council to enact a public financing program.
Contact: Sherry M. Kelly, City Clerk 981-6900
b. From: Mayor Bates and Councilmember Spring
(PDF, 3 MB)
Recommendation: Put before the voters in
November 2004 a charter amendment and an amendment to the Berkeley Election
Reform Act (BMC 2.12) submitted by Center for Government Studies to create a
voluntary system of full public financing for election campaigns for City
offices.
Contact: Tom Bates, Mayor, 981-7100; Dona Spring,
Councilmember District 4, 981-7140
c. From: Mayor Bates (PDF, 77 KB)
Recommendation: Support a charter
amendment and an amendment to the BERA as proposed by Center for Government
Studies with the following amendments:
1a) require that Council affirmatively vote to implement campaign
financing for each individual office; 1b) require that the trigger to implement
the program be by two-thirds vote of the Council; 2) ask the community and the
Fair Campaign Practices Commission to closely examine the number of signatures
and small contributions required to qualify for public financing so that this
number is set correctly and there be provisions to review and allow for
alternations; and 3) include an emergency suspension clause, giving the
Council, in the event of a fiscal emergency, the option to suspend the program
temporarily.
Contact: Tom Bates, Mayor, 981-7100
20.
Gateway Arch at San Pablo and University Avenues
(PDF, 1 MB) (CF 200-02)
From: City Manager
Recommendation: Refer the study and
implementation of a gateway arch at San Pablo and University Avenues to the
budget process for the next two-year budget cycle, as part of the longer range
implementation of the Urban Design section of the University Avenue Strategic
Plan.
Financial Implications: Future fiscal impacts $500,000. No current funding
available.
Contact:
Dan Marks, Planning, 981-7400
21.
Adopt Proposition 215 The Compassionate Use Act of 1996
Implementation Plan (PDF, 38 KB)
From: Councilmember Worthington
Recommendation: Adopt Proposition 215 The
Compassionate Use Act of 1996 Implementation Plan regarding protocols for
medical cannabis.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
22.
Budget Cuts to Toxics Management Division
a. From:
Community Environmental Advisory Commission (PDF, 411 KB)
Recommendation: Limit potential cuts to
the Toxics Management Division (TMD) budget to an amount equivalent to 20%
($32,000) of the FY 2004 General Fund contribution to the TMD budget, instead
of 46% ($75,000) cut in General Fund in FY 2006 contribution proposed by the
City Manager.
Financial Implications:
General Fund
Savings of $32,000 in FY 2006.
Contact: Nabil
Al-Hadithy, Secretary, 981-7461
b. From:
City Manager (PDF, 106 KB)
Recommendation: Refer this item to the Citys
budget process for review.
Financial Implications:
General Fund
Savings of $75,000 in FY 2006.
Contact: Dan Marks,
Planning, 981-7400
23.
Parking Mitigation at the New Vista College Site
a. From:
Transportation Commission (PDF, 640 KB)
Recommendation: Adopt a final plan for
allocation of Vista mitigation funds that allocates $2 million, or 55.5% of the
funds, to programs to reduce vehicle traffic and promote and improve
alternative modes of transportation in Downtown; and $1.6 million, or 44.5% of
the funds, to accommodate vehicle trips to Downtown.
Financial Implications:
See report.
Contact: Peter Hillier,
Secretary, 981-7010
b. From:
City Manager (PDF, 162 KB)
Recommendation: Refer to the City Manager
the recommendations of the Transportation Commission to be considered during
negotiations with the Peralta Community College District respecting the use of
Vista College parking mitigation funds.
Contact: Peter Hillier, Transportation, 981-7010
24.
Candidate Filing Fee and Process for Signatures In-Lieu of
Filing Fee (PDF, 348 KB)
From: City Manager
Contact:
Sherry Kelly, City Clerk, 981-6900
25.
Energy Programs Receive State Funding (PDF,
305 KB)
From: City Manager
Contact:
Stephen Barton, Housing, 981-5400
26.
Re-accreditation Award Ceremony - May 4, 2004 (PDF,
188 KB)
From: City Manager
Contact: Rene Cardinaux, Public
Works, 981-6300
27.
Business License Tax Audit Reports for Fiscal Year 2003
(PDF, 1 MB)
From: City Auditor
Contact: Anne-Marie Hogan,
Auditor, 981-6750
28.
Annual Public Art Plan 2004 (PDF,
473 KB)
From: Civic Arts Commission
Contact: Mary Ann Merker,
Secretary, 981-7533
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Bush Aims to Localize Rent Aid
1. Anne
Whyte
University Avenue Plan
2. Jason
Meggs
Vista College Transportation
Mitigation Fund
3. Bill
Smith, Andy Katz, Bob Piper, David Tam, Hank Resnik, Helen Burke, Joyce Roy and
Kitty McLean, Sierra Club
AC Transit Rapid Bus Rapid
Transit Service
4. Andy
Katz and Bob Piper, Sierra Club Transportation Committee
2004 Berkeley Bay Festival
5. Martin
Schaaf
Middle Class Taxation: City of
Berkeley Should Follow the Lead of Presidential Candidate John Kerry
6. Barbara
Gilbert and Vicki Tamaradze, Berkeley Budget Oversight Committee
Hire
Berkeley Residents for Berkeley City Jobs
7. Barbara
Gilbert
Hazardous
Trees
8. Charles
L. Smith
27400 College Avenue
9. Anne
Marselis
