Regular Meeting eAgenda
December 7
, 2004

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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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 7, 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.      Swearing In and Seating of newly elected members of the Council.

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.


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.      University Avenue Strategic Plan Height and Setback Standards and Review Consistency (PDF, 4 MB) (First Reading November 9, 2004, Abstain – Olds)

From: City Manager

Recommendation: 1) 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

2.      Non-Exclusive Rubbish Hauling Franchise (PDF, 1 MB) (First Reading – November 16, 2004, Absent – Bates)

From: City Manager

Recommendation: Adopt the second reading of an Ordinance granting non-exclusive franchise for rubbish collection and transportation to Golden Gate Disposal and Recycling Company and directing the City Manager to negotiate a Franchise Agreement with this company.

Financial Implications: Refuse Fund – Increased revenue.

Contact: Rene Cardinaux, Public Works, 981-6300

3.      Minutes for Approval  (PDF, 2 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of November 9, 2004 (regular) and November 16, 2004 (special and regular).

Contact: Sara Cox, City Clerk, 981-6900

4.      Needle Exchange (PDF, 164 KB)

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: Sara Cox, City Clerk, 981-6900

5.      Confirming Results of November 2, 2004 General Municipal Election (PDF, 2 MB) (To be delivered)

From: City Manager

Recommendation:  Adopt a Resolution confirming the results of the November 2, 2004 General Municipal Election and declaring the passage of:  1) Measure I – Charter Amendment changing the date of the mayoral elections; 2) Measure N – Ordinance increasing the appropriation limit under Article XIIIB of the California Constitution; 3) Measure O – Ordinance amending Berkeley Municipal Code (BMC) Section 13.76.110, relating to annual general adjustments of rent ceilings; and 4) Measure P – Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.76, Rent Stabilization and Eviction for Good Cause Ordinance.

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

6.      Amendment to the FY 2005 Annual Appropriations Ordinance (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2005 Annual Appropriations Ordinance No. 6808 for fiscal year 2005 based upon recommended re-appropriation of committed FY 2004 funding and other adjustments authorized since July 1, 2004, in the amount of $49,087,624.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

7.      Formal Bid Solicitations and Requests for Proposals (PDF, 227 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 funds – $1,486,000.

Contact: Fran David, Finance, 981-7300

8.      Local Emergency from Influenza Vaccine Shortage (PDF, 224 KB)

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

9.      Contract: Energy Measurement and Verification Services (PDF, 166 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Summit Blue Consulting, LLC for energy program evaluation, measurement and verification services in the amount of $25,865 for the period of August 2, 2004 through July 31, 2006.

Financial Implications: CA Public Utilities Commission Grant – $25,865.

Contact: Stephen Barton, Housing, 981-5400

10.  Classification: Landscape Architect Class Series (PDF, 232 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,805–N.S. Classification and Salary Resolution for SEIU, Local 535, to change the title of Landscape Architect (non-registered) to Landscape Designer and to change the title of Landscape Architect (registered) to Landscape Architect, with new classification specifications.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

11.  Donation to Extend Operations at West Campus Pool (PDF, 139 KB)

From: City Manager

Recommendation:  Adopt a Resolution accepting a donation from the United Pool Council (UPC); amending the Aquatics budget to add $13,316, reflecting the new revenue; and extending pool operations at West Campus Pool through the winter months.

Financial Implications: Donation – $13,316.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

12.  Joint Powers Implementing Agreement for Gilman Street Sports Fields (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt two Resolutions: 1) authorizing the City Manager to execute an agreement among five JPA cities (Albany, Berkeley, El Cerrito, Emeryville and Richmond) to implement Section 3 of the initial Joint Exercise of Powers agreement, authorized on November 18, 2003, to develop the Gilman Street Sports Fields; and 2) authorizing the City Manager to execute a cooperative funding agreement with East Bay Regional Park District (EBRPD) to pass through grant funds from California State Parks ($3 million from the Urban Parks Act grant program) to the City to develop the Gilman Street Sports Fields; and amending the FY 2004-2005 budget appropriation for the Parks Recreation & Waterfront Department to add $3 million in grant revenue and create a budget code for this project.

Financial Implications: State Urban Parks Act Grant – $3,000,000

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

13.  Grant: Office of Traffic Safety - DUI Checkpoints (PDF, 184 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a mini-grant from the State of California, Office of Transportation (OTS) for $19,253 to fund three additional DUI Checkpoints, from December 1, 2004 until January 10, 2006.

Financial Implications: Grant – $19,253.

Contact: Roy Meisner, Police, 981-5700

14.  Contract: Off-Street Parking Management - Parking Concepts, Inc. (PDF, 455 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending the agreement with Parking Concepts Inc. (PCI) to increase the total amount of the off-street parking management contract for the first five-year period by an amount not to exceed $63,073, and for the two additional one-year extension periods by an amount not to exceed $31,536 for a total contract amount not to exceed $94,609 representing a 1.014% increase over the existing expenditure limits of the contract in order to allow for operational adjustments which improve service and revenue.

Financial Implications: Off-street Parking Fund – $63,073.

Contact: Peter Hillier, Transportation, 981-7010

15.  Legislative Aide’s Participation in Voluntary Time Off (VTO) (PDF, 65 KB)

From: Councilmember Maio

Recommendation:  Transfer funds to the General Fund that result from Legislative Aide’s participation in the Voluntary Time Off Program (VTO).

Contact: Linda Maio, Councilmember District 1, 981-7110

16.  Fundraising for Animal Shelter

a.      From: Citizens Humane Commission (PDF, 254 KB)

Recommendation:  Adopt a Resolution approving fundraising by the Citizens Humane Commission to benefit Spay/Neuter Your Pet (SNYP) and other direct animal care programs and that any and all money raised through fundraising be deposited into the Animal Services donation account.

Financial Implications: None.

Contact: Kate O’Connor, Secretary, 981-6601

b.      From: City Manager (PDF, 59 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Jim Hynes, City Manager, 981-2493

 

Action Calendar - Presentation

17.  FY 2005 First Quarter Report and Budget Update (PDF, 2 MB)

From: City Manager

Contact: Tracy Vesely, City Manager, 981-7000

Action Calendar – Old Business

18.  Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) (held over from November 9, 2004)

a.      From:  City Manager (PDF, 5 MB) (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 (PDF, 3 MB) (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

c.   From: Public Works Commission (PDF, 125 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

d.   Communications (November 9, 2004)

1.      David Mandel, Facilities Services, Physical and Environmental Planning at U.C. Berkeley, care of Jeff Egeberg, Public Works Department (PDF, 2 MB)

19.  Strawberry Creek (PDF, 200 KB) (Held over from July 20, 2004)

From: Councilmember Spring and Mayor Bates

Recommendation: Adopt a Resolution supporting the daylighting of Strawberry Creek in downtown.

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

Action Calendar – New Business

20.  San Pablo Avenue Public Improvements Plan (PDF, 548 KB) 

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

21.  Funding for Construction of Sacramento Senior Homes’ Apartments at 2517 Sacramento Street (PDF, 372 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a fund reservation in the amount of $727,072 from the Housing Trust Fund (HTF) in order to complete construction of Sacramento Senior Homes’ Apartments and authorizing the City Manager to execute a development loan agreement and any amendments and all other documents related to this fund reservation.

Financial Implications: Housing Trust Fund – $727,072.

Contact: Stephen Barton, Housing, 981-5400

22.  David Brower Memorial Sculpture

a.      From: Civic Arts Commission (PDF, 359 KB)

Recommendation:  Approve the proposed David Brower memorial offered at no cost to the City for possible installation at a site to be determined, in accordance to the conditions set forth in the report.

Financial Implications: None.

Contact: Mary Ann Merker, Secretary, 981-7533

b.      From: City Manager (PDF, 50 KB)

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

Contact: Tom Myers, Economic Development, 981-7530

23.  Selection of Vice Mayor and Agenda Committee Members

a.      From: Mayor Bates (PDF, 66 KB)

Recommendation: Adopt a Resolution appointing Councilmember Linda Maio as Vice Mayor and appointing  Councilmembers Gordon Wozniak and Linda Maio to the Agenda Committee.

Contact: Tom Bates, Mayor, 981-7100

b.      From: Councilmembers Spring, Olds, Worthington and Anderson (PDF, 9 KB)

Recommendation:  Vote to return to the practice and pass a policy of rotating the position of Vice Mayor starting with Councilmember Linda Maio as Vice Mayor for the first term.

Contact: Dona Spring, Councilmember District 4, 981-7140, Betty Olds, Councilmember District 6, 981-7160, Kriss Worthington, Councilmember District 7, 981-7170, Max Anderson, Councilmember District 3, 981-7130

24.  Neighborhood Traffic Calming Policy

a.      From: Transportation Commission (PDF, 239 KB)

Recommendation:  Direct the City Manager to apply the following policies when developing and assessing new neighborhood traffic management plans: 1) when funds next become available for the installation of traffic calming circles, the five traffic circles identified on the waiting list in the staff Council report of July 20, 2004, should be the next priority for installation in the order presented in that report; and 2) beyond the five noted above, no additional neighborhood traffic calming plans should be recommended to Council until neighborhood traffic calming plan criteria and approval procedures have been adopted by the City, and the new plans are evaluated and processed in accordance with the new procedures.

Financial Implications: Various Funds – $100,000-$125,000

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager (PDF, 54 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Peter Hillier, Transportation, 981-7010


Information Reports

25.  Regulation of Motor Scooters, Mini-Bikes, Go-Carts, Car Stereo Noise and Noise from Motorcycles (PDF, 446 KB) (CF 44-04)

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-6950

26.  FY 2006 & FY 2007 Priority Setting: Initial Phase of Council Tally (PDF, 1 MB)

From: City Manager

Contact: Lisa Caronna, City Manager, 981-7000

27.  Consolidation of Fire Services with Alameda County Fire Department (PDF, 153 KB)

From: City Manager

Contact: Tracy Vesely, City Manager, 981-7000

28.  Unrepresented Temporary Employees  (PDF, 84 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

29.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit – 2104-8 Sixth Street; 2750 Adeline Street; 2300 Shattuck Avenue; 2223 Martin Luther King Jr. Way (PDF, 7 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400


Communications (PDF, 4 KB)

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

University Avenue Strategic Plan Height and Setback Standards and Review Consistency

1.      Stephen Wollmer

Contract: Air Rights at Ashby Bart - Ed Roberts Campus

2.      Ellen Goldblatt

3.      Caleb Dardick

Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge)

4.      Sara Shumer

5.      Leonard Cottrell

6.      Elfi Z. Tarazona

7.      Daniella Thompson

8.      Martin Freedman

9.      Hank Mooney

10.  Wendy Markel, Berkeley Architectural Heritage Association

Creeks Task Force

11.  Juliet Lamont

Fire Truck Elimination

12.  Martha Nicoloff

13.  Susan Lea

14.  Linda Diamond

15.  Michael Luby

16.  Charlan Jeanne Nemeth

17.  Jean DeWitt

18.  Roger and Zoe Hill (2)

19.  Lawrence Riley

20.  Ned and Janis Dairiki

21.  Sam Herbert

Sleepers at Saint John’s Presbyterian

22.  Anne Marselis

Taxi Scrip

23.  Maris Arnold

Stop Sign at Gilman Street

24.  Miguel Mendoza

Solano Avenue Business Improvement District

25.  Hennie Farrow

Adjournment