|
Click
on the linked agenda item titles below for background materials/reports.
Adopted Resolutions and Ordinances (second reading) are available via
Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222)
as soon as they are finalized.
Note:
-
Resolutions
and Ordinances are subject to amendment, rescission or repeal, or
readoption in whole or in part. Additional research may be necessary
to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit:
http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134
-
These
documents are presented in Adobe Acrobat PDF*, and will open in a new
browser window. Some files may exceed 1MB in size. File size
information is provided in parentheses. All items are available for
review at the City Clerk Department, (510) 981-6900.
*To
read PDF files, download a free copy of Adobe
Acrobat Reader. If you are unable
to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us),
telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an
alternate format. |
~~~~~~~~~~~~~~~~~~~~~
SUMMARY
BERKELEY
CITY COUNCIL MEETING
Tuesday,
July 20, 2004
Roll Call:
7:14 p.m. All present.
Ceremonial Matters:
1. Proclamation
honoring Stephen Jory for his anti-graffiti efforts and efforts to preserve
Rose Walk Steps.
2. Proclamation
honoring the 40th Anniversary of the United Nations Association
(UNA) Information/UNICEF Center and proclaiming July 31, 2004 as United Nations
Association/Unicef Center Day.
3.
Councilmember Olds urged the public and staff to
contact the Red Cross to donate blood.
City Manager Comments:
1.
The Police Department and Neighborhood Services will be
conducting a community meeting at the Young Adult Project, 1730 Oregon Street,
Tuesday, July 27, 2004 to discuss the homicide, which occurred on Sunday July
18, 2004 in the 1300 block of Ashby.
2.
Everyone is invited to join City staff in celebrating
Adventure Playground’s 25th birthday celebration on Saturday, July
24, from 11:00 – 4:00. The birthday
ceremony will begin at 3:00. Adventure
Playground is located at 160 University Avenue.
3.
The Police Department is making arrangements for participation
in the upcoming “Community Night Out.”
4.
Announcement of the retirement of Reginald Garcia, Fire Chief,
and Nicki Spillane, Acting Director of Human Resources, in September.
Public Comment: 9 speakers.
Action: Moved, seconded, carried (Olds/Worthington) to adopt
the Consent Calendar in one motion except as indicated:
1.
Lease: Family, Youth and Children’s Service Program at 3282
Adeline Avenue (PDF, 2
MB) (First
reading – July 13, 2004 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a five-year lease and
maintenance agreement with a five-year renewal option with Mansour Taeed for
real property located at 3282 Adeline Avenue to provide operating space for the
Department of Health and Human Services, Mental Health Division, Family, Youth
and Children’s Services Program.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Ordinance No. 6,816–N.S.
(PDF, 2 MB) Effective August 19, 2004.
2.
Lease: Police Substation – 3140 Martin Luther King, Jr. Way
and 3192 Adeline Street (PDF,
3 MB) (First
reading – July 13, 2004 - Unanimous)
Recommendation: Adopt second reading of an Ordinance authorizing the
City Manager to enter into a five-year lease with a five-year renewal option
with Huck Rorick and Associates for the property located at 3140 Martin Luther
King, Jr. Way and 3192 Adeline Street for a police substation.
Financial
Implications: See report.
Contact: Roy Meisner,
Police, 981-5700
Action: Adopted Ordinance No. 6,817–N.S.
(PDF, 3 MB) Effective
August 19, 2004.
3.
Administrative Fees for Fingerprinting of Non-Residents (PDF, 61 KB) (First reading – July 13,
2004 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code (BMC) Section 2.64.150 to establish
administrative fees for the fingerprinting of non-residents be set by Council
resolution.
Contact:
Roy Meisner, Police, 981-5700
Action: Adopted Ordinance No. 6,818–N.S.
(PDF, 87 KB) Effective August 19, 2004.
4.
Fees for Good Conduct Letters (PDF, 79 KB) (First reading – July 13, 2004 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code
(BMC) Section 2.64.130, to establish fees for Good Conduct letters be set by
Council resolution.
Contact: Roy Meisner,
Police, 981-5700
Action: Adopted Ordinance No. 6,819–N.S.
(PDF, 78 KB) Effective
August 19, 2004.
5.
Sublease: 2809 Telegraph
Avenue (Sather Gate Shops) (PDF, 2 MB) (First reading – July 13, 2004 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a sublease agreement with
Internet-Journals, Inc. (dba as The Berkeley Electronic Press and bepress) for
office space located at 2809 Telegraph Avenue, Suite 202 for term to end
December 14, 2006 at a rent of $3,000 per month.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Ordinance No. 6,820–N.S.
(PDF, 2 MB)
Effective August 19, 2004.
6.
Lease: 2446 Durant
Avenue (Sather Gate Shops) (PDF, 2 MB) (First
reading – July 13, 2004 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to
execute a lease agreement with Mohammad Mohayedj, (Moe’s Flowers) for retail
space, located at 2446 Durant Avenue for the purpose of operating a retail
flower store for the period 2004-2014 at a starting rent of $19,200 annually.
Contact: Rene Cardinaux,
Public Works, 981-6300
Action: Adopted Ordinance No. 6,821–N.S.
(PDF, 3 MB) Effective
August 19, 2004.
7.
Contract: Berkeley Alliance (PDF, 519 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Berkeley Alliance to provide administrative support and project services for
this partnership endeavor with the Berkeley Unified School District (BUSD) and
UC Berkeley in an amount not to exceed $72,000 for the period July 1, 2004 to
June 30, 2005.
Financial Implications: See report.
Contact: Arrietta Chakos,
City Manager, 981-7000
Action: Adopted Resolution No. 62,602–N.S.
(PDF, 83 KB)
8.
Donation: Computers and Related Equipment (PDF, 255 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to accept a donation of computers and related
equipment valued at approximately $15,000 from Gateway Computers and a donation
of computer furniture valued at approximately $5,000 from the Berkeley Rotary
Club for the purpose of furnishing and equipping the newly rehabilitated
Computer Learning Room at the Frances Albrier Recreation Center at San Pablo
Park.
Financial Implications: None.
Contact: Michael Caplan,
City Manager, 981-2490
Action: Adopted Resolution No. 62,603–N.S.
(PDF, 94 KB)
9.
Contract: Remittance Processing Services (PDF, 522 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) execute a one-year contract with Financial
Data Solutions, Inc. to provide a comprehensive range of remittance processing
services for the period of August 15, 2004 through August 14, 2005, in the
amount of $50,000; 2) approve an option for two one-year extensions through
August 14, 2007, for a total of three one-year contracts in amount not to
exceed $150,000.
Financial Implications: General Fund – $150,000.
Contact:
Fran David, Finance, 981-7300
Action: Adopted Resolution No. 62,604–N.S.
(PDF, 84 KB)
10.
Formal Bid Solicitations and Requests for Proposals (PDF, 468 KB)
From: City Manager
Recommendation: Approve 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 sources – $1,500,000.
Contact: Fran David,
Finance, 981-7300
Action: Approved recommendation.
11.
Contract: Medi-Cal Administrative Activities and Targeted Case
Management Participation Fee (PDF, 243 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract and any amendments with the County of
Butte for Host Entity Administrator fees for the Medi-Cal Administrative
Activities (MAA) and Targeted Case Management (TCM) programs for the period
July 1, 2003 through June 30, 2005 in an amount not to exceed $25,626.
Financial Implications: See report.
Contact: Fred Medrano,
Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,605–N.S.
(PDF, 82 KB)
12.
Contract: Transitional Housing (PDF, 418 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) execute an amendment to the contract with
the Avondale Hotel for the provision of AB2034 grant-based rental subsidies for
transitional housing for individuals who are homeless and mentally disabled; 2)
increase the amount by $195,850 for FY 2004 and for the first seven months of
FY 2005 for a total amount not to exceed $270,850; and 3) to extend the term to
January 31, 2005.
Financial Implications: State Integrated Services and Housing for the
Homeless Mentally Disabled Grant – $195,850.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,606–N.S.
(PDF, 98 KB)
13.
Prescription Psychiatric Medications (PDF, 253 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a purchase order with United Pharmacy
for purchases of prescription psychiatric medications for the period July 1,
2004 through December 31, 2004 in an amount not to exceed $120,000, and waiving the competitive bid requirements of
City Charter Section 67 pursuant to City Charter Section 67.4.
Financial Implications: State Realignment Fund – $120,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,607–N.S.
(PDF, 92 KB)
14.
Chavez Memorial Solar Calendar (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving Phase I design for the
permanent placement of a memorial solar calendar; 2) authorizing the use of
site by the Chavez Memorial Solar Calendar & Education Project (CMSCEP); 3)
allowing the interim solar calendar, currently at the site, to continue to
function; 4) establishing a two-year monitoring system to raise funds for the
construction of Phase I of the project; 5) directing CMSCEP to establish a
formal relationship with Kala Art Institute in Berkeley ; 6) directing
CMSCEP to formalize their organizational structure; 7) directing CMSCEP to
prepare a Memorandum of Understanding for Council approval regarding use and
long term maintenance of the site; and 8) incorporating Phase II into the 2005
Public Arts Program Work Plan.
Financial Implications: None.
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
Action: Adopted Resolution No. 62,608–N.S.
(PDF, 140 KB)
15.
Contract: Plan Checking Services (PDF, 279 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute an amendment to the contract with Telesis Engineers
for plan checking services to increase the contract amount of by $120,000 for a
new total amount not to exceed $200,000.
Financial Implications: Permit Service Center Fund – $120,000.
Contact: Dan Marks,
Planning, 981-7400
Action: Adopted Resolution No. 62,609–N.S.
(PDF, 123 KB)
16.
Contract: Draft Southside Plan Environmental Impact Report
Consultant Services (PDF,
2 MB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with LSA
Associates, Inc. for an Environmental Impact Report (EIR) for the Draft
Southside Plan, in an amount not to exceed $329,328 from July 21, 2004 to June
30, 2006.
Financial Implications: See report.
Contact:
Dan Marks, Planning, 981-7400
Action: Adopted Resolution No. 62,610–N.S.
(PDF, 79 KB)
17.
Contract: Clean City Services (PDF, 306 KB)
From: City Manager
Recommendation:
Adopt a
Resolution authorizing the City Manager to execute an amendment of the contract
with Building Opportunities for Self-Sufficiency (BOSS) for litter removal,
extending the term through June 30, 2005 for a total amount not to exceed
$356,104.
Financial Implications: Refuse Fund – $356,104.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 62,611–N.S.
(PDF, 124 KB) revised
to authorize the City Manager to execute a new contract and any amendments if
necessary.
18.
Contract: Sanitary Sewer Project (PDF, 573 KB)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer
Project located at Dwight Way, Ellsworth Street, Dana Street, Parker Street,
Ninth Street and Woolsey Street; accepting the bid of Gold Wing Engineering;
and authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $770,948 for the period of 220 calendar days.
Financial Implications: Sewer Capital Improvement Project Fund – $770,948.
Contact: Rene Cardinaux,
Public Works, 981-6300
Action: Adopted Resolution No. 62,612–N.S.
(PDF, 122 KB)
19.
Grant: Traffic Calming Plan for Dwight Way (PDF, 419 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the Traffic Calming Plan for Dwight Way
between San Pablo Avenue and Sacramento Street, and authorizing the City
Manager to: 1) submit a grant application to the Bay Area Air Quality Management
District’s Transportation Fund for Clean Air Regional Fund grant program for
funds in the amount of $99,000 in FY 2004 for implementation of the Traffic
Calming Plan; 2) accept the grant and execute any resultant agreements and
amendments; and 3) implement the project, subject to Council approval of
expenditures and bids.
Financial Implications: Grant - $99,000.
Contact: Peter Hillier,
Transportation, 981-7010
Action: Adopted Resolution No. 62,613–N.S.
(PDF, 125 KB)
20.
Contract: CarShare for Fleet Services (PDF, 1 MB)
From: City Manager
Recommendation:
Adopt a
Resolution authorizing the City Manager to execute a contract and any
amendments with City CarShare to provide a fleet of CarShare vehicles for use
by employees for work-related trips for the period August 1, 2004 through June
30, 2007 in an amount not to exceed $413,000.
Financial Implications: See report.
Contact:
Peter Hillier, Transportation, 981-7010
Action: Adopted Resolution No. 62,614–N.S.
(PDF, 130 KB)
21.
Fee Waiver: Annual Berkeley Mount Zion Missionary Baptist
Church Business Street Faire (PDF, 178 KB)
From: Mayor Bates
Recommendation:
Adopt a
Resolution waiving fees associated with the Annual Berkeley Mount Zion
Missionary Baptist Church Business Street Faire. The general fee waivers
include the permit, sound amplifier, noise variance and maintenance deposit and
the non-personnel fee waivers include the street barricades and a portable
unisex/disabled toilet.
Contact:
Tom Bates, Mayor, 981-7100
Action:
Removed from the Consent Calendar to be discussed with Item 47. No separate action taken.
22.
Review of David Brower Memorial Sculpture (PDF, 1 MB)
From: Mayor Bates
Recommendation: Direct the Civic Arts Commission, the Waterfront Commission and the City
Manager to review the possibility of accepting, free of charge, a David Brower
Memorial sculpture (“Spaceship Earth” by noted Finish sculptor Eino) from the
Maxwell family and locating it in the Marina or another suitable place.
Contact: Tom Bates, Mayor,
981-7100
Action: Approved recommendation.
23.
Support SOLVE Act Of 2004 (PDF, 409 KB)
From: Councilmember Worthington
Recommendation: Support the Safe Orderly
Visas and Enforcement (SOLVE Act of 2004), which will establish pathways to
legalization, lawful permanent resident status, and eventually citizenship for
undocumented immigrants; will help re-unite families; and will respect labor
rights; and send letters of support to our representatives in Congress.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation (Abstain – Wozniak).
24.
Support SB1160: Immigrant Responsibility and Security Act (PDF, 1 MB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution in
support of SB1160: Immigrant Responsibility and Security Act, which will enable
immigrant families who are California residents the ability to continue to
contribute to the economy and provide for a safer means of transportation.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Adopted Resolution No. 62,615 –N.S.
(PDF, 108 KB) (Abstain
– Wozniak)
25.
Fee Waiver: Willard Middle School’s Youth Support Program
Annual BBQ (PDF, 76 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving the park fee for Willard Middle School’s Youth
Support Program Annual BBQ at Willard Park on October 2nd.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Removed from the Consent Calendar to be
discussed with Item 47. No separate
action taken.
26.
Letter Of Clarification regarding UC Berkeley’s 2020 LRDP and
DEIR (PDF, 101 KB)
From: Councilmember Worthington
Recommendation: Send a letter of clarification following up on City Comments to UC Berkeley’s
2020 Long Range Development Plan (LRDP) and the Draft Environmental Impact
Report (DEIR): 1) Reaffirming City opposition to UC’s Parking Replacement
Policy’s application to housing, as voted on by City Council on September 28,
1999; and
2) clarifying support for housing policies by replacing the comment language
underlined below with General Plan and Southside Plan wording.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Actions: Removed
from Consent Calendar by Councilmember Hawley.
Moved, seconded, failed (Hawley/Olds; Noes – Breland, Spring,
Worthington; Abstain – Maio, Shirek) a substitute motion to approve
Councilmember Worthington’s recommendations with specific changes to language referencing
“Telegraph Avenue”.
Moved, seconded, carried (Worthington/Wozniak; Noes – Olds,
Bates; Abstain – Maio, Hawley) to approve Councilmember Worthington’s
recommendations further revised in a document submitted at the meeting.
27.
Benvenue Neighbors Association Proposal on American Baptist
Seminary Of The West (PDF,
213 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager
the Benvenue Neighbors Association WIN-WIN-WIN proposal to address concerns
about American Baptist Seminary of the West (ABSW).
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Removed from
Consent Calendar by Councilmember Breland.
Moved, seconded, carried (Breland/Maio; Abstain - Bates) to hold over
the matter to September 28, 2004 and in the interim to provide American Baptist
Seminary of the West (ABSW) with this report and any other communication on
this issue, giving them an opportunity to review and respond to this
information and to negotiate with the neighbors.
28.
Aggressive Debt Collection And Discriminatory Pricing
Practices At Sutter Health Hospitals (PDF, 168 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution opposing aggressive debt collection and discriminatory
pricing practices at Sutter Health Hospitals.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Removed from Consent Calendar by
Councilmember Wozniak. Held over to
September 21, 2004.
29.
Honoring Marla Bennett (PDF, 78 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution expressing sympathy to the family, friends and
co-workers of Marla Bennett and adjourning the Council meeting in her honor.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Adopted Resolution No. 62,616 –N.S. (PDF, 187 KB)
30.
Support Ratification of U.N. Convention on the Elimination of
All Forms of Discrimination Against Women
a. From:
Councilmember Worthington (PDF, 86 KB)
Recommendation: Adopt a Resolution supporting ratification of U.N.
Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW), and refer to the City Manager to consider drafting an Ordinance adopting
the operative articles of the Convention based on the sample done by the City
and County of San Francisco.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
b. From:
Peace and Justice Commission (PDF, 3 MB)
Recommendation: Adopt a Resolution supporting ratification of United Nations Convention
on the Elimination of all Forms of Discrimination against Women, and refer to
the City Manager to consider preparing for City Council action an Ordinance
adopting operative articles of the Convention into the Berkeley Municipal Code.
c.
From: City Manager (PDF, 118 KB)
Recommendation: The City Manager takes no
position concerning the recommendations of the Commission.
Action: Adopted Resolution
No. 62,617–N.S. (PDF, 161 KB) (Abstain – Wozniak)
31.
Memorandum of Understanding: Lower Codornices Creek Restoration
and Site Improvement Project
a. From:
City Manager (PDF, 2 MB)
Recommendation:
Adopt a
Resolution directing the City Manager to enter into a Memorandum of
Understanding (MOU) for the purpose of allocating the responsibilities of the
project partners, the City of Berkeley, the City of Albany and the University
of California, for implementation and maintenance of the Lower Codornices Creek
Restoration and Site Improvement Project, and authorizing annual payments to
cover the City’s share of maintenance, subject to annual appropriations.
Financial Implications: See report.
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
b. From: Peace and Justice Commission (PDF, 367 KB)
Recommendation: Approve waiving Berkeley Municipal Code section 12.90.070, the
Nuclear-Free Berkeley Act, for the purposes of entering into an MOU with the
City of Albany and the University of California for implementation and
maintenance of the Lower Codornices Creek Restoration and Site Improvement
project.
Contact: Manuel Hector, Secretary, 981-5110
Action: Adopted Resolution
No. 62,618–N.S. (PDF, 931 KB)
32.
Fee Waiver: Berth Fees – Berkeley Racing Canoe Center
a. From:
Waterfront Commission (PDF,
2 MB)
Recommendation: Adopt a Resolution
approving the application for nonprofit in-lieu-of-fee status and waiving berth
fees at the Berkeley marina in exchange for community service for the Berkeley
Racing Canoe Center.
Financial Implications: See report.
Contact: Cliff Marchetti, Waterfront Commission
Secretary, 524-1938
b. From:
City Manager (PDF, 56 KB)
Recommendation: The City Manager concurs
with the content and recommendations of the Commission’s Report.
Contact: Marc Seleznow, Parks
Recreation & Waterfront , 981-6700
Action: Adopted Resolution No.
62,619–N.S. (PDF, 63 KB)
Action
Calendar - Appeals
33.
Oceanview Sisterna Historical District-2104 Sixth Street
a. From:
City Manager
Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation
Commission (LPC) to include the structure and site at 2104 Sixth Street as part
of the Oceanview Sisterna Historic District, and dismissing the appeal.
Financial Implications: None.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
1.
Gary Feiner (PDF, 2 MB)
c. Communication
(PDF, 2 MB)
1. Gary
Feiner
2. Sarah
Satterlee, Ocean View Historic District
Action: Moved, seconded,
carried (Worthington /Maio; Noes – Hawley, Olds) to adopt Resolution No. 62,620
– N.S. (PDF, 144 KB) affirming the decision of the Landmarks Preservation Commission and
dismissing the appeal.
34.
1800 San Pablo Avenue
a. From:
City Manager
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve a
mixed-use building; and dismissing the appeals.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
1. Michael
Fretz (PDF, 385 KB)
2.
Vince de’Armond (PDF, 467 KB)
c. Communication
1. Michael
Fretz
(PDF, 202 KB)
2. Said
Adeli-Nadjafi
(PDF, 3 MB)
Actions: Moved, seconded,
(Maio/Spring) a main motion to set the matter for a public hearing.
Moved, seconded, carried (Wozniak/Hawley; Noes – Maio, Breland ) a substitute
motion to adopt Resolution No. 62,621–
N.S. (PDF, 2 MB) affirming the decision of the
Zoning Adjustments Board and dismissing the appeal.
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 - Public Hearings
35.
Thousand Oaks Undergrounding Utility Assessment (PDF, 2 MB) (to be delivered)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion: 1) direct the City Clerk to provide for the opening and tallying
of assessment ballots received; 2) upon confirmation from the Clerk that the
ballots satisfy both state law (ballots returned in support must exceed ballots
in opposition, when weighted by amount of assessment) and Council policy (60%
of the ballots returned, when weighted by amount of assessment, must be in
support), adopt a Resolution: a) approving the final Engineer’s Report, b)
levying assessments without modification, c) approving and ordering the
Thousand Oaks Undergrounding Utility Project; d) directing the preparation and
filing of a Notice of Exemption (CEQA); and e) awarding the construction
contract for the Undergrounding Project on the condition that the notice to
proceed not be issued to the contractor until a bond purchase contract has been
executed providing for sale of the assessment district bonds.
Contact: Rene Cardinaux, Public Works, 981-6300
Public Testimony: The Mayor opened the public
hearing. 25 speakers.
Actions:
Moved, seconded, carried (Worthington/Maio) to continue the public hearing
to September 21, 2004; to invalidate the ballots; and to direct staff to
renotice and resend ballots to be opened and tabulated at the meeting of
September 21, 2004.
Moved, seconded, (Olds/Maio) a
main motion to restore the Council policy to not form the district unless 70%
of the weighted value of ballots returned on September 21, 2004 favor the
formation of the district and assessment.
Moved, seconded, carried
(Hawley/Spring; Noes – Breland; Abstain – Worthington) a substitute motion to
amend Council’s policy to agree not to form the district unless two-thirds of
the weighted value of ballots returned on September 21, 2004 favor the
formation of the district and assessment.
36.
Assessment: Telegraph Property and Business Improvement
District (PDF, 453 KB)
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution confirming the Annual Report on the
Telegraph Property and Business Improvement District for Fiscal Year 2004 and
levying assessments in the District for FY 2005.
Financial Implications: Telegraph Property and Business Improvement District
Revenue Account – $231,000.
Contact: Tom Myers, Economic
Development, 981-7530
Public Testimony: The Mayor opened the public
hearing. No speakers. Moved, seconded,
carried (Maio/Breland) to close the public hearing.
Action: Moved, seconded, carried (Maio/Spring) to
adopt Resolution 62,622 – N.S. (PDF,
315 KB)
37.
Assessment: North Shattuck Business Improvement District (PDF, 594 KB)
From:
City Manager
Recommendation:
Conduct a public
hearing and upon conclusion, adopt a Resolution: 1) confirming the Annual
Report on the North Shattuck Business Improvement District for FY 2004; and 2)
levying assessments in the District for FY 2005.
Financial Implications: North Shattuck Business Improvement District Revenue
Account – $382,983
Contact Tom Myers, Economic
Development, 981-7530
Public Testimony: The Mayor opened the public
hearing. No speakers. Moved, seconded,
carried (Maio/Breland) to close the public hearing.
Action: Moved, seconded, carried (Spring/Maio) to
adopt Resolution No. 62,623 – N.S. (PDF,
407 KB)
38.
Assessment: Elmwood Business Improvement Area
a. From:
Elmwood Advisory Board (PDF,
617 KB)
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution
confirming the Annual Assessment Report for the Elmwood Theater Business
Improvement Area for FY 2004 and levying assessments in the Area for FY 2005.
Financial Implications: Elmwood Theater Business Improvement Area Revenue
Account – $18,744.68
Contact: Tom Myers,
Secretary, 981-7530
b. From: City Manager (PDF, 513 KB)
Recommendation: The City Manager concurs
with the commission recommendation.
Contact: Tom Myers, Economic
Development, 981-7530
Public Testimony: The Mayor opened the public
hearing. No speakers. Moved, seconded,
carried (Maio/Breland) to close the public hearing.
Action: Moved,
seconded, carried (Wozniak/Maio) to adopt Resolution 62,624–
N.S. (PDF, 441 KB)
39.
Fees: Public Health Clinic (PDF, 778 KB)
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution approving an increase in fees at the
Public Health Clinic including services for family planning and sexually
transmitted infection, immunization for children and adults and tuberculosis
skin testing, effective September 1, 2004; and rescinding Resolution No.
60,692–N.S.
Financial Implications: See report.
Contact: Fred Medrano,
Health and Human Services, 981-5100
Public Testimony: The Mayor opened the public
hearing. No speakers. Moved, seconded,
carried (Olds/Maio) to close the public hearing.
Action: Moved, seconded, carried (Olds/Hawley) to
adopt Resolution 62,625 – N.S. (PDF,
268 KB)
Action Calendar – Old Business
40.
Contract: Supportive Housing for Mentally Disabled (PDF, 2 MB) (held over from July 13,
2004 by City Manager)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to
execute a contract and any amendments with Bonita House, Inc. for
pre-development costs associated with the purchase of 5406, 5408 and 5410
Telegraph Avenue, Oakland, also known as the “Temescal Apartments,” for the
purpose of providing supportive housing for low-income mentally disabled adults
for the period July 1, 2004 through June 30, 2005 in an amount not to exceed
$200,000.
Financial Implications: State Mental Health
Realignment Trust Funds - $200,000.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Moved to Consent Calendar by Councilmember
Olds to adopt Resolution No. 62,626 –
N.S. (PDF, 105 KB)
41.
Initiative Petition: Enforcement of State Prostitution Laws
(Angel's Initiative) (PDF,
743 KB) (held
over from July 13, 2004)
From: City Manager
Recommendation: Take one of the following actions as provided by Sections 92(3 and 4) of
the Charter of the City of Berkeley: 1) pass the Ordinance without alteration
within 20 days after the attachment of the City Clerk’s certificate of
sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance,
without alteration, to a vote of the people at the November 2, 2004 General
Municipal Election and provide comments on the City Attorney’s analysis of the
initiative and the ballot title.
Financial Implications: See companion information report.
Contact:
Sherry Kelly, City Clerk, 981-6900
Actions: Moved, seconded, carried (Spring/Hawley; Noes – Breland, Olds,
Worthington) to approve the revised ballot title.
Moved, seconded, carried (Breland/Maio) to adopt Resolution
No. 62,627-N.S. (PDF, 552 KB) placing the initiative measure on the ballot as required by
state law.
Moved, seconded, carried (Breland/Maio; Abstain – Spring,
Worthington) to state the Council’s opposition to the proposed initiative.
42.
Initiative Petition: Patient's Access to Medical Cannabis Act
of 2004 (PDF, 1 MB)
(held over from
July 13, 2004)
From: City Manager
Recommendation: Take one of the following
actions as provided by Sections 92(3 and 4) of the Charter of the City of
Berkeley: 1) pass the Ordinance without alteration within 20 days after the
attachment of the City Clerk’s certificate of sufficiency to the petition; or
2) adopt a Resolution submitting the Ordinance, without alteration, to a vote
of the people at the November 2, 2004 General Municipal Election and provide
comments on the City Attorney’s analysis of the initiative and the ballot
title.
Financial Implications: See
companion information report. (PDF, 1 MB)
Contact: Sherry Kelly, City
Clerk, 981-6900
Actions: Moved, seconded, carried (Wozniak/Hawley; Abstain – Worthington)
to approve the revised ballot title.
Moved, seconded, carried (Hawley/Worthington) to adopt
Resolution No. 62,628-N.S. (PDF, 1 MB) placing the initiative measure on the ballot as
required by state law.
Moved, seconded, carried (Hawley/Breland; Abstain –
Worthington) to state the Council’s opposition to the proposed initiative.
43.
Initiative Petition: Public Tree Act of 2004 (PDF, 2 MB) (held over from July 13,
2004)
From: City Manager
Recommendation: Take one of the following
actions as provided by Sections 92(3 and 4) of the Charter of the City of
Berkeley: 1) pass the Ordinance without alteration within 20 days after the
attachment of the City Clerk’s certificate of sufficiency to the petition; or
2) adopt a Resolution submitting the Ordinance, without alteration, to a vote
of the people at the November 2, 2004 General Municipal Election and provide
comments on the City Attorney’s analysis of the initiative and the ballot
title.
Financial Implications: See companion information report.
Contact: Sherry Kelly, City
Clerk, 981-6900
Actions: Moved, seconded, carried (Spring/Maio; Abstain – Breland,
Worthington) to approve the revised ballot title and comments on the City
Attorney’s analysis.
Moved, seconded, carried (Maio/Wozniak; Abstain – Spring,
Worthington) to adopt Resolution No. 62,629-N.S.
(PDF, 2 MB) placing the initiative measure
on the ballot as required by state law.
Moved, seconded, carried (Wozniak/Hawley; Noes – Spring;
Abstain – Worthington) to state the Council’s opposition to the proposed
initiative.
44.
Impact Report: Enforcement of State Prostitution Laws (Angel’s
Initiative) (PDF, 548 KB) (Moved to Action by Councilmember Worthington and
held over to July 13, 2004)
From: City Manager
Contact: Arrietta
Chakos, City Manager, 981-7000
Action: Received
and filed.
45.
Impact Report: Public Tree Act of 2004 (PDF, 897 KB) (Moved to Action by
Councilmember Worthington and held over to July 13, 2004)
From: City Manager
Contact: Arrietta
Chakos, City Manager, 981-7000
Action: Received
and filed.
Action
Calendar – New Business
46.
Jobs Consortium (PDF, 603 KB) (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to take emergency action, if necessary, to provide
funding up to $50,000 to the Jobs Consortium to preserve the job training
programs for the homeless.
Financial Implications:
See report.
Contact: Stephen Barton, Housing,
981-5400
Action: Moved,
seconded, carried (Worthington/Wozniak) to adopt Resolution No. 62,630 –
N.S. (PDF, 129 KB)
47.
Special Events: Approval of Funding and Fee Waiver Policy (PDF, 757 KB)
From: City Manager
Recommendation: Adopt a Resolution approving funding for special events and a fee waiver
policy for FY 2005.
Financial Implications:
See report.
Contact: Grace Maguire, City
Manager, 981-7000
Action: Moved, seconded, carried (Maio/Worthington)
to adopt Resolution No. 62,631 – N.S.
(PDF, 196 KB) as revised by Councilmember Worthington.
48.
Fee Waiver: Downtown
Berkeley Association’s Front Row Festival 2004 (PDF, 155 KB)
From: Councilmember Spring
Recommendation: Adopt a Resolution
allocating $2000 from the few waiver fund to the Downtown Berkeley
Association’s Front Row Festival 2004 and refer their requests for additional
fee waivers to the City Manager.
Contact: Dona Spring,
Councilmember District 4, 981-7140
Action: Removed from the Consent Calendar to be
discussed with Item 47. No separate
action taken.
49.
Daylighting of Strawberry Creek (PDF, 200 KB)
From: Councilmember Spring and Mayor Bates
Recommendation: Adopt a Resolution
supporting the daylighting of Strawberry Creek in the downtown, if feasibility
is demonstrated.
Contact: Dona Spring,
Councilmember District 4, 981-7140
Action: Held over to
September 21, 2004.
50.
Ballot Measure: New
Local Transit System (PDF,
197 KB)
From: Councilmember Worthington
Recommendation: Place a referendum on the November ballot as to whether Berkeley should
plan for a new local rail transit system.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Moved, seconded,
carried (Maio/Wozniak; Noes – Worthington; Abstain - Breland) to table this
item due to timing issues.
51.
Clarification of Additional Funding for Arts Grants (PDF, 26 KB) (to be delivered)
From: Councilmember
Maio and Mayor Bates
Recommendation: Clarify policy on
providing additional funding for Arts Grants.
Contact: Linda
Maio, Councilmember District 1, 981-7110
Action: Moved to Consent
Calendar by Councilmember Olds as revised by Councilmember Maio and Mayor Bates
to request that the Civic Arts Commission consider providing bridge funding to
viable arts groups previously funded via the Council budget where the project’s
continuance is in jeopardy, and communicate the Council’s interest in working with
the Commission as they review and consider improving their process for arts
group funding.
52.
Neighborhood Traffic Calming Projects
a. From:
City Manager (PDF, 453
KB)
Recommendation: Approve the Office of
Transportation’s neighborhood traffic calming and bike boulevard enhancement
plans, prioritizing the specific neighborhood projects identified in this
report, involving the potential installation of up to 27 new traffic calming
circles.
Financial Implications: See report.
Contact: Peter Hillier,
Transportation, 981-7010
b. From:
Transportation Commission (PDF, 185 KB)
Recommendation: Accept Recommendations 1
through 8 as delineated in this report for the standard design of landscaped
traffic circles.
Contact: Peter Hillier,
Secretary, 981-7010
c. From: Councilmember Spring (PDF, 639 KB)
Recommendation: Adopt a Resolution
allocating $25,000 from the funds committed in the Public Safety Building
mitigation agreement for semi-circles in the McKinley and Addison area in
addition to the proposed six traffic calming circles.
Contact: Dona Spring, Councilmember
District 4, 981-7140
Actions: Councilmembers Breland and
Wozniak were recused from discussion and action on this item and left the
Council Chambers due to the proximity of their residences from proposed traffic
circles.
Moved,
seconded, carried (Spring/Worthington; Noes – Maio; Absent – Breland and
Wozniak) to approve the recommendation proposed by the City Manager and the
Transportation Commission and to include Councilmember Spring’s request that a
small bulb out in the McKinley and Addison area be included in the list of
proposed traffic circles.
Action
Calendar – Time Critical
53.
Amendment to Side Letter of Agreement with
S.E.I.U. Locals 790
and 535 (PDF, 436 KB)
(to be delivered)
From: City Manager
Recommendation: Adopt a Resolution
amending the Side Letters of Agreement with S.E.I.U. Locals 790 and 535
regarding preserved pay.
Contact: Nicki Spillane, Human
Resources, 981-6800
Action: Moved
to Consent Calendar by Councilmember Worthington to adopt Resolution No. 62,632
– N.S. (PDF, 131 KB)
54.
Lease: Warehouse Space
at 1013 Pardee for Fire Equipment (PDF, 112 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing an increase of $75,000 to an existing lease agreement with Asia
Young Fountain Group Inc. for warehouse space at 1013 Pardee #105, being used
for the storage of fire trucks, emergency supplies and equipment.
Contact: Reginald Garcia, Fire,
981-5501
Action: Withdrawn
by the City Manager.
55.
Landmarks Preservation Commission Notice of Decision: 2211
Rose Street – Approval of Demolition and Design Review (PDF, 872 KB)
From: City Manager
Contact: Dan Marks, Planning, 981-7410
Action: Received and Filed.
56.
Fee Waiver: United
Nations Association’s Sixth Annual Run for Peace (PDF, 91 KB)
From: Councilmember
Breland
Recommendation: Adopt a Resolution waiving
fees for the East Bay Chapter of the United Nations Association’s Sixth Annual
Run for Peace to be held on Sunday, September 26, 2004.
Contact: Margaret Breland,
Councilmember District 2, 981-7120
Action: Removed
from the Consent Calendar to be discussed with Item 47. No separate action taken.
57.
Harriet Tubman Terrace (PDF, 2 MB)
From: City Manager
Contact: Stephen Barton,
Housing, 981-5400
Action: Received and filed.
58.
Recreation Assessment for Youth (PDF, 4 MB) (CF 04-02)
From: City Manager
Contact: Marc Seleznow, Parks Recreation & Waterfront,
981-6700
Action: Received and filed.
59.
One-Way Signage
and Vegetation Plan (PDF, 199 KB) (CF 73-03)
From: City Manager
Contact:
Rene Cardinaux, Public Works, 981-6300
Action: Received and filed.
60.
Public
Workshops for Solid Waste Management Plan (PDF, 162 KB)
From: City Manager
Contact: Rene Cardinaux,
Public Works, 981-6300
Action: Received and filed.
Council rules limit action on Communications to
referral to the City Manager and/or Boards and Commissions for investigation
and/or recommendations.
Oxford
Plaza and David Brower Center
1. Peter
Beckley and Dan Sawislak
Care Not
Cash
2. Lisa
Craib
LBNL Long Range Development
Plan and Environmental Impact Report (Spring)
3. Pamela
Shivola
Traffic Circles in McGee Farm
Tract
4. Catherine
Bronnert
1698 University Avenue
5. Andrea
Banduhn
Thriving Downtowns without Cars
6. Bob
Piper
Benvenue Neighbors
“WIN-WIN-WIN” Plan (Spring)
7. Sharon
Hudson
Birthday Wishes
8. Senator
Dianne Feinstein
Train Horns through Residential
Areas at Night
9. Eugene
K. Skoropowski
Ohlone Dog Park
10. Randy Heyman
AC Transit Budget Cuts
11. Senator Don Perata
The meeting was adjourned at 11:40 p.m. in
memory of Marla Bennett, Louise Lydia Cotton, Ray Dobard and M. Jackson.
