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DRAFT
AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
November 9, 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.
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.
Youth Comments: A total of 15
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.
Double Fines in School Zones (First Reading October 19, 2004 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending the Berkeley Municipal Code (BMC) Title 14 Vehicles and
Traffic, by adding Chapter 14.66
“Double Fines ” Section 14.66.010 “Purpose of Program”, 14.66.020 “Fine
Enhancement: Passing a School”, 14.66.030 “Double Fine School Zone”, and
14.66.040 “Sunset”.
Contact: Peter Hillier,
Transportation, 981-7010
2.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of October 4, 2004 (closed),
October 12, 2004 (special and regular); October 18 2004 (closed) and October
19, 2004 (special and regular).
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.
Esther Flores v. City of Berkeley
From: City Manager
Recommendation: Adopt a Resolution
approving the settlement of the Alameda County Superior Court Action No. RG 03
114159 entitled Esther Flores v. City of Berkeley in the amount of $30,000.
Financial Implications: Public Liability Fund – $30,000.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
5.
Formal Bid Solicitations and Requests for Proposals
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 – $80,000.
Contact: Fran David,
Finance, 981-7300
6.
Local Emergency from Influenza Vaccine Shortage
From: City Manager
Recommendation: Adopt a Resolution
reviewing and confirming the continued existence of a local emergency
concerning limited influenza vaccine supplies.
Financial Implications: None.
Contact: Fred Medrano,
Health and Human Services, 981-5100
7.
Contract: HIV Prevention and Education Services
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a contract amendment with the Pacific Center for
Human Growth for HIV prevention and education services to increase the amount
by $31,500 for a total not to exceed $86,500 and to extend the term to June 30,
2005.
Financial Implications: State Office of AIDS Grant – $31,500.
Contact: Fred Medrano,
Health and Human Services, 981-5100
8.
Contract: HIV Screening Laboratory Services
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to execute a contract amendment with
UNILAP to perform the HIV screening laboratory services to increase the amount
by $57,000 for a total not to exceed $233,000 and to extend the term to June
30, 2005.
Financial Implications: Various Grants – $57,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
9.
Rescind Duplicative Resolutions Supporting an Environmentally
Preferable Purchasing Policy (CF 62-03)
From: City Manager
Recommendation: Adopt a Resolution rescinding:
1) Resolution No. 55,346–N.S., Recycled Paper; 2) Resolution No. 55,286–N.S.,
Recycled Paper Products; 3) Resolution No. 58,704–N.S., Redwood Products; 4)
Resolutions No. 55,559–N.S., No. 59,595–N.S., No. 58,291–N.S., Tropical
Hardwoods; and 4) Resolution No. 61,724–N.S., Wood Products as duplicative of
the Environmentally Preferable Purchasing Policy, Resolution No. 62,693-N.S.
Financial Implications: None.
Contact: Stephen Barton,
Housing, 981-5400
10.
Cost of Living Adjustment for Employees Represented by Public
Employees Union, Local 1
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute and implement a Side Letter of Agreement with
Public Employees Union, Local 1, to amend terms and conditions of the
Memorandum of Understanding to reduce salaries by 2.54 % from the salaries
scheduled for increase on July 4, 2004, for 10.5 months, until May 22, 2005.
Financial Implications: General Fund – $96,209 savings.
Contact: David Hodgkins,
Human Resources, 981-6800
11.
Payment for Police Substation Between Lease Periods
From: City Manager
Recommendation: Adopt first reading of an
Ordinance amending Ordinance No. 6,670–N.S. to remove expenditure limitation
capping lease payments, thereby enabling the City Manager to pay past due rent
in the amount of $30,197 to Huck Rorick and Associates for the Police
Substation located at 3140 Martin Luther King Jr. Way and 3192 Adeline Street.
Financial Implications: Parking Meter Fund – $30,197.
Contact: Roy Meisner,
Police, 981-5700
12.
Contract: Cooling of Civic Center Building Server Room
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the cooling of the Civic Center Building
Server Room; accepting the bid of Bay Point Control, Inc. (dba Marina
Mechanical); waiving building inspection fees; and authorizing the City Manager
to execute a contract and any amendments in an amount not to exceed $145,000
for a period of 45 calendar days.
Financial Implications: Measure S – $77,000; General Fund – $68,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
13.
Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Bancroft Way, Kittredge Street, Allston Way, Terminal Place, Dwight Way, Byron
Street, Chauser Street and Corona Court; accepting the bid of McNamara and
Smallman Construction, Inc.; and authorizing the City Manager to execute a
contract and any amendments in an amount not to exceed $848,537 for the period
of 220 calendar days.
Financial Implications: Sewer Capital Improvement Project Fund – $848,537.
Contact: Rene Cardinaux,
Public Works, 981-6300
14.
Purchase Order: Digger Derrick Truck
From: City Manager
Recommendation: Adopt a Resolution
accepting the Modesto Irrigation District’s bid procedures to satisfy the
requirement of Berkeley Charter Section 67, and authorizing the City Manager to
execute a purchase order with Terex Utilities West in an amount not to exceed
$163,000 to purchase a Digger Derrick Truck for the Public Works Department.
Financial Implications: Equipment Replacement Fund – $163,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
15.
Grant: West Street (Santa Fe Right of Way) Multipurpose Bike
Path and Pedestrian Crossing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant of
$822,940 from the State of California Department of Transportation (Caltrans)
for 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 – $822,940.
Contact: Rene Cardinaux,
Public Works, 981-6300
16.
City Government Performance
(PDF, 2 MB)
From: Mayor Bates
Recommendation: Request that the City
Auditor and City Manager review annual City Government report cards from Palo
Alto and Portland for possible implementation in Berkeley.
Contact: Tom Bates, Mayor,
981-7100
17.
Civilianization of Police Department Functions
(PDF, 209 KB)
From: Councilmember Hawley
Recommendation: Request the Agenda
Committee to schedule a Council worksession to: 1) receive a report from the
City Manager and Police Chief on progress toward implementing the Auditor’s
recommendations for hiring non-sworn personnel to staff certain police
functions; and 2) enable Council to consider issues involved in replacing sworn
officers with non-sworn personnel, particularly to evaluate the best ways of
balancing the community’s public safety needs under emergency conditions with
available resources. This discussion could help in developing the Council’s
priorities regarding the upcoming recruitment for a Police Chief.
Contact: Miriam Hawley,
Councilmember District 5, 981-7150
Action Calendar – Appeals
18.
1650 La Vereda Road
a. From:
City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
(ZAB) to approve Administrative Use Permit 02-20000125: 1) under Section
23D.16.030 of the Zoning Ordinance for a major residential addition; 2) under
Section 23C.04.070.B of the Zoning Ordinance to extend an existing
non-conforming front yard (five feet where 20 are normally required); and 3)
under Section 23E.96.070.C of the Zoning Ordinance to reduce front yard under
provisions of Hillside Overlay District; reduction results from proximity of
addition to existing carport (not distance from property line to addition,
which is same as or greater than existing house) for property located at 1650
La Vereda Road.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
1.
Brian E. Viani
c. Communications
1. None.
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.
University Avenue
Strategic Plan Height and Setback Standards and Review Consistency (Held
over from October 19, 2004) (First Reading October 12, 2004: Noes – Maio, Spring, Worthington; Abstain –
Breland)
a. From:
City Manager
Recommendation: Adopt the second reading
of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 23E.36 to
implement the University Avenue Zoning Overlay in order to establish specific
Height and Setback standards as provided for in the University Avenue Strategic
Plan (UASP).
Financial Implications: See report.
Contact: Dan Marks,
Planning, 981-7400
b. Oral
Report from City Manager
Contact: Dan Marks,
Planning, 981-7400
20.
Creeks Ordinance (Held over from October 19,2004)
a. From:
City Manager (October
12, 2004 Report)
Recommendation: Provide
direction to staff on work program options presented in staff report.
Contact:
Dan Marks, Planning, 981-7400
b. From:
Mayor Bates and Councilmembers Hawley and Maio (October 19, 2004 Supplemental Report)
Recommendation: 1) Establish a temporary Creeks Task Force: a) to include a
representative appointed by each member of the Council and one member appointed
by the Planning Commission, Public Works Commission, Community Environmental
Advisory Commission and the Parks and Recreation Commission; and b): Planning
Department will provide staff support to the Task Force with assistance from
other departments as needed; 2) All Task Force reports, recommendations and
ordinance changes will be submitted to the Planning Commission for their
comments and recommendations prior to being forwarded to the Council; 3) The
Task Force to recommend a scope, work plan, and budget to the Planning
Commission no later than April 1, 2005.
The Planning Commission review and recommendation must reach Council in
time for FY 2006 budget process; and 4) Set a deadline of May 2006 for
revisions to the Creeks Ordinance and as part of this deadline, direct the City
Manager to return to Council with an ordinance that will implement this
proposal with a provision that the Task Force recommendations are still not
forthcoming by the deliverable date, the current culvert protections in the
Creeks Ordinance will be indefinitely suspended on May 1, 2006 until such time
that a new ordinance is adopted.
Contact: Tom Bates, Mayor,
981-7100; Miriam Hawley,
Councilmember District 5,
981-7150; and Linda Maio, Councilmember District 1, 981-7110
c. From:
Public Works Commission (PDF, 148 KB) (November 9, 2004 Report)
Recommendation: Designate the Public Works Commission as a key commission to advise the
Council on policy areas involving the City’s Storm Drain System and Creeks
Ordinance.
Financial Implications: None.
Contact: Jeffrey Egeberg,
Secretary, 981-6406
21.
HUD Section 108 Loan Guarantee for the Jubilee Village (Held over from October
19, 2004)
a. From:
City Manager (October
19, 2004 Report)
Recommendation: Adopt a Resolution: 1)
approving participation in the U.S. Housing and Urban Development (HUD) Section
108 Loan Guarantee Program; 2) authorizing the use of current and future
Community Development Block Grant funds to secure a loan for the Jubilee
Village development in an amount up to $3,008,000 and not to exceed eighty
percent (80%) of the appraised value of the property; 3) that the findings of
HUD’s recent monitoring be resolved to the City Manager’s satisfaction prior to
closing on the Section 108 loan and a report be brought to City Council on
November 9, 2004 for final review; and 4) rescinding Resolution No. 62,215‑N.S.
Financial Implications: See report.
Contact: Stephen Barton, Housing,
981-5400
b. From: City Manager (October 19, 2004 Supplemental Report)
Recommendation: Adopt a Resolution: 1)
directing the City Manager to take no further action concerning the City’s
participation in the U.S. Department of Housing and Urban Development’s (HUD)
108 Loan Guarantee Program for the Jubilee Village project; 2) authorizing the
City Manager to only reimburse Community Economics for the financial services
in the amount of $3,960 that it has provided to Jubilee Village project to
date; and 3) rescinding Resolution No. 62,241-N.S.
Contact: Stephen Barton, Housing,
981-5400
c. Update
from City Manager (November
9, 2004 Report)
Contact: Stephen Barton, Housing, 981-5400
22.
Daylighting of Strawberry Creek (held over from July 20, 2004)
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
23.
Benvenue Neighbors Association Proposal on American Baptist
Seminary of the West (held over from July 20,
2004)
a. 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
b. From:
City Manager
Recommendation: Direct the City Manager to
provide any technical assistance requested by the Benvenue Neighbors
Association and the American Baptist Seminary of the West that may assist the
parties to arrive at a settlement of their dispute.
Financial Implications:
See report.
Contact: Dan Marks, Planning, 981-7400
24.
Encroachment Permit:
UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) (held over from July 13,
2004)
a. From: City Manager (July 13, 2004 Report)
Recommendation: Adopt a Resolution authorizing
the City Manager to issue a major encroachment permit to the University of
California for a pedestrian bridge crossing
(Foothill) over Hearst Avenue east of La Loma Avenue on the following
conditions: 1) an improved bridge design is submitted and approved by the
Public Works Director, in consultation with the Design Review Committee; 2) any
detrimental effects on the immediate community are offset by contributing to
specified pedestrian safety and public infrastructure improvements in the
“Hearst Corridor,” in the amount of $200,000; and 3) all plan check comments
and other technical issues are resolved to the satisfaction of the Public Works
Director.
Financial Implications: See report.
Contact: Rene Cardinaux,
Public Works, 981-6300
b. From: Public Works Commission (July 13, 2004 Report)
Recommendation: Deny the application from
the University of California for an encroachment permit, either a Conditional
or a Full Permit, for a Pedestrian Bridge over Hearst Avenue near La Loma
Avenue.
Contact:
Jeffrey Egeberg, Secretary, 981-6406
Action: Referred to the Agenda Committee to set
a date for discussion as recommended by Mayor Bates.
c. From: Public Works Commission
(PDF, 126 KB) (November 9, 2004 Report)
Recommendation: Should Council pursue the
option of issuing a permit with mitigations, the following language should be
adopted: “Whereas this project and its application for an encroachment permit
have a unique history, therefore this permit does not create a precedent for
future requests for such permits; and in the future, any such encroachment
permits should be secured before any part of intended construction is begun.”
Financial Implications: None.
Contact: Jeffrey Egeberg,
Secretary, 981-6406
Action
Calendar – New Business
25.
San Pablo Avenue Public Improvements Plan
From: City Manager
Recommendation: Adopt a Resolution
approving the San Pablo Avenue Public Improvements Plan to guide future
development of public improvements along San Pablo Avenue.
Financial Implications: See report.
Contact: Tom Myers, Economic
Development, 981-7530
26.
Precautionary Principle Ordinance (CF 62-03)
From: City Manager
Recommendation: 1) Adopt first reading of
Ordinance adding Chapter 12.29 to the Berkeley Municipal Code (BMC) to
establish the Precautionary Principle to guide decisions that have potential
impact on public health, the environment, natural resources and sustainability
and 2) Direct the City Manager to provide a description, timetable and
prioritization by December 2005 regarding areas where the Precautionary
Principle will be integrated into City decision-making.
Financial Implications: See report.
Contact:
Stephen Barton, Housing, 981-5400
27.
Sustainable Business Action Plan
(PDF, 4 MB)
From: Mayor Bates
Recommendation: 1) Accept the “Sustainable
Business Action Plan” Preliminary Report in principle as a guide to help build
Berkeley’s green economy, without specifically approving each policy or
initiative; 2) refer the report to the City Manager for review and analysis to
examine how these goals and actions line up with the City’s work plan.
Contact: Tom Bates, Mayor,
981-7100
28.
Customer Service Cash Receipts/Cash Handling Audit (CF 25-04)
From: City Manager
Contact: Fran David,
Finance, 981-7300
29.
Unrepresented Temporary Employees
From: City Manager
Contact: David Hodgkins,
Human Resources, 981-6800
30.
Comcast Cable Discount (CF 3-04)
From: City Manager
Contact: Chris Mead,
Information Technology, 981-6500
31.
Implementation of Information Systems General Controls Audit
Recommendations (CF
51-03)
From: City Manager
Contact: Chris Mead,
Information Technology, 981-6500
32.
Landmarks Preservation Commission Notice of Decision –
Approval of Structural Alteration Permit: 147 Tunnel Road, 2288 Fulton Street,
1820 Scenic Avenue
From: City Manager
Contact: Dan Marks,
Planning, 981-7400
33.
City Auditor's Annual Report for FY 2004
(PDF, 846 KB)
From: City Auditor
Contact: Ann-Marie Hogan,
Auditor, 981-6750
34.
FY 2004 Business License Tax Program Audit Report
(PDF, 2 MB)
From: City Auditor
Contact: Ann-Marie Hogan,
Auditor, 981-6750
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Creeks
Ordinance
1. Franca
Cioria
In-Home
Support Services (IHSS) Funding
2. Governor
Arnold Schwarzenegger
Berkeley Can Be Sued for Sidwalks Dangerous
to Handicapped
3. Anne
Whyte
Herstory
4. Helen
Rippier Wheeler
Court
Conditions at Live Oak Park
5. Petition
with 23 signatures
UC Police/Unfair
Ticket
6. Brett
Alan Brooks (4)
Poet
Laureate
7. Mary
Rudge
Marin
Avenue Reconfiguration
8. Barbara
Gilbert
Ed Roberts
Campus, 3075 Adeline Street
9. Guy
W. Thomas
Resolution
to Oppose CAFTA
10. Diana Malin
Operation
of the Drop-In Center
11. Manuchehr
Shirmohamadi
