Agenda Committee Item #5
Council Draft Agenda - April 27, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 27, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
 

Preliminary Matters

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.


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.      Confirming the Results of the March 2, 2004 Special Municipal Election

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

2.      Initiative Petition:  Full Public Financing of Campaigns

From:  City Manager

Recommendation:  Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.  This initiative would amend the Berkeley Election Reform Act to provide for voluntary participation of local candidates in a full public financing program and would require annual appropriation of $490,000 to fund the program.
Contact:  Sherry M. Kelly, City Clerk, 981-6900

3.      Initiative Petition:  Patient’s Access to Medical Cannabis Act of 2004

From:  City Manager

Recommendation:  Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.  This initiative would amend Berkeley Municipal Code (BMC) Chapter 12.26 entitled “Protocols for Medical Cannabis (Marijuana) and Title 23 (Zoning) to do the following:  1) eliminate existing limits on the amount of medical cannabis a qualified patient or primary caregiver can possess and cultivate; 2) change the existing limits of dried cannabis and cannabis plants that a collective can possess to the term “reasonable”; 3) would establish a Peer Review Committee giving them certain rights and powers; 4) would provide qualified patients may cultivate medical cannabis in their residence or on their property without securing a use permit; and 5) would establish that medical cannabis dispensaries would be permitted, as right without need to secure a use permit as a Retail Sales Use, in districts where such uses are otherwise permitted.

Contact:  Sherry M. Kelly, City Clerk, 981-6900

4.      Y. Narcisse v. City of Berkeley

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

5.      Formal Bid Solicitations and Request 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, 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

6.      Grant and Contract: Low Income Program Revenues

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

7.      Green Neighbors Partnership Program Cooperative

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 Budget – $1,000.

Contact: Stephen Barton, Housing, 981-5400

8.      Contract: Reduction of Hazardous Vegetation on Pathways and Parks

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

9.      Lease: Retail Phone and Auto Parts Store - 2431 Channing Way

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), for a period of two years with an option for an additional five years.

Financial Implications: Revenues from 2004-2012 – $151,668.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Prohibit Heavy Duty Commercial Vehicle Parking in Marina Area (CF 160-02)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) section 6.20.255 to prohibit the parking of heavy duty commercial vehicles (except commercial pickup trucks, tour buses and school buses) at all times on all streets (Seawall Drive, Spinnaker Way, Marina Boulevard and University Avenue between Frontage Road and Seawall Drive) in the Berkeley Marina area.

Financial Implications: Marina Operations/Maintenance – $9,000 and State Gas Tax – $6,000.

Contact: Peter Hillier, Transportation, 981-7010 and Marc Seleznow, Parks Recreation & Waterfront, 981-6700

11.  Public Financing of Campaigns for November 2004 Ballot (PDF, 2 MB)

From:  Councilmember Spring

Recommendation:  Place before the voters in November 2004 a ballot measure prepared by the Center for Government Studies for full public financing for elections.

Contact:  Dona Spring, Councilmember District 4, 981-7140

12.  Repeal Tax Breaks for the Wealthy (PDF, 220 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

13.  Support Tibetan Youth Congress' Hunger Strike (PDF, 99 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

14.  Infant Child Care for Teen Parents at the Vera Casey Center

a.      From: Commission on Early Childhood Education (PDF, 460 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

Recommendation: 

Contact: Stephen Barton, Housing, 981-5400

15.  Alameda County Measure A Funds Earmarked for Detox Services

a.      From: Homeless Commission (PDF, 257 KB)

Recommendation:  Urge 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

16.  Berkeley Pedestrian Charter

a.      From: Transportation Commission (PDF, 432 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 Berkeley 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

17.  Grant: West Street (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 West Street (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, 805 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

18.  1911 Martin Luther King, Jr. Way

a.      From: City Manager

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

c.       Communications:

1.      Anna-Lisa Smoker

 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

19.  Allocation of Funds for the FY 2004-2005 Federal Community Development Block Grant (CDBG) and the Emergency Shelter Grant (ESG) (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


20.  Public Financing of Election Campaigns (CF 21-04)

From: City Manager

Recommendation:  If Council wishes to consider adoption of a public campaign financing program: 1) direct the City Attorney to prepare the text of a ballot measure for the November 2004 ballot, which would amend the Berkeley Election Reform Act (BERA) to enable the Council to enact a public campaign financing program.

Financial Implications: Placement on Ballot –$5,000-10,000.

Contact: Sherry Kelly, City Clerk, 981-6900

21.  Gateway Arch at San Pablo and University Avenues (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

22. Adopt Proposition 215 “The Compassionate Use Act of 1996” Implementation Plan (PDF, 779 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

23.  Budget Cuts to Toxics Management Division

a.      From: Community Environmental Advisory Commission (PDF, 209 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

Recommendation:  Refer this item to the City’s budget process for review.

Financial Implications:  General Fund – Savings of $75,000 in FY 2006.

Contact: Dan Marks, Planning, 981-7400

24.  Parking Mitigation at the New Vista College Site

a.      From: Transportation Commission (PDF, 628 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:

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

Recommendation: 

Contact: Peter Hillier, Transportation, 981-7010

Information Reports

25.  Candidate Filing Fee and Process for Signatures In-Lieu of Filing Fee

From: City Manager

Contact: Sherry Kelly, City Clerk, 981-6900

26. Berkeley Energy Programs Receive State Funding

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

27.  Re-accreditation Award Ceremony - May 4, 2004

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

28.  Business License Tax Audit Reports for Fiscal Year 2003 (PDF, 1 MB)

From: City Auditor

Contact: Anne-Marie Hogan, Auditor, 981-6750

29.  Annual Public Art Plan 2004 (PDF, 473 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

 

Communications

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


Adjournment