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SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
MAY 14, 2002
Roll Call: 7:11
p.m. All present.
Ceremonial
Matters:
-
Proclamation
Honoring Student Commissioners Day
-
Proclamation
honoring Marcus Ashley congratulating him on his UC Berkeley
scholarship and his involvement in youth programs.
Actions: Presented proclamations.
Comments
from the City Manager:
-
The
Bay Trail West Frontage Road to the Ashby Interchange will be closed
from May 15 through May 29 between the hours of 9 am and 3pm.
-
“Bike
to Work Day” is on May 16. The
City is sponsoring a breakfast from 7:00 to 10:00 a.m. in front of the
Public Safety Building. The
Health and Human Services Department will display bicycle safety
equipment including helmets.
-
There
will be an I-80 Pedestrian Bridge Workshop on May 18 from 10 a.m. to
12:00 p.m. to discuss ideas for Bridge enhancement.
Comments
from the Public: 11
speakers.
Comments
from Youth: 1 speaker.
Action: Moved,
seconded, carried (Worthington/Breland)
to adopt the Consent Calendar in one motion except as indicated:
-
Needle Exchange Emergency Distribution
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
Action: Adopted
Resolution No. 61,537-N.S.
-
Minutes for Approval
From:
City Manager
Recommendation: Approve
the minutes for Council meetings of:
a) April 16, 2002 (closed), b) April 16, 2002 (regular), c)
April 17, 2002 (closed), d) April 23, 2002 (closed).
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved minutes.
(Abstain – Breland on April 17, 2002 (closed)).
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Amendment
To FY 2002 Annual Appropriations Ordinance
(first reading 04/23/02 – unanimous)
From:
City Manager
Recommendation:
Adopt second reading of an Ordinance amending Annual
Appropriations Ordinance No. 6635-N.S. for Fiscal Year 2002 based upon
changes in funding in the amount of $3,681,796.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Adopted Ordinance No. 6685 –N.S.
Effective June 13, 2002.
-
Parking
Enforcement – Citation Authority Amendments
(first reading 04/23/02 – unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance amending Berkeley
Municipal Code (BMC) sections 6.24, 14.36, 14.40, 14.44, 14.52,
and 14.64 relating to
parking and stopping of vehicles to permit multiple citations, issuing
citations at inoperable meters and correcting the parking meter fee
rates.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000, D.E. Butler,
Police, 981-5700, and Manuela Albuquerque, City Attorney, 981-6950
Action:
Adopted Ordinance No. 6686 –N.S.
Effective June 13, 2002.
-
Right
Of Entry To Inspect (first
reading 04/23/02 – unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance amending Berkeley
Municipal Code (BMC) Section 1.16.010 to eliminate the requirement
that inspectors must provide 24 hours’ written notice of their
intention to inspect to an owner/occupant to make it consistent with
current law and practice.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action:
Adopted Ordinance No. 6687–N.S.
Effective June 13, 2002.
-
Interim
Controls On Office Development In The MU-LI (Mixed Use-Light
Industrial) District
(first
reading 04/29/02 – Noes: Armstrong, Hawley, Olds and Dean)
From:
The Planning Commission
Recommendation: Adopt
second reading of an Ordinance amending the Zoning Ordinance (BMC
Title 23E.80.030) to prohibit for six months: (1) the conversions of
existing building space from any other use to office; and (2) the
development of new office uses (excluding ancillary office uses) in
the mixed-use light industrial (MU-LI) zoning district.
Contact: Steve Solomon, Secretary, 705-8315
Action:
Adopted Ordinance No. 6688–N.S. (Noes – Armstrong, Hawley,
Olds, Dean) Effective
June 13, 2002.
-
Calling
for a Consolidated General Municipal Election for November 5, 2002 and
a Possible Runoff Election on December 3, 2002 to be Conducted by Mail
From: City Manager
Recommendation:
Adopt a Resolution: 1)
calling for a General Municipal Election to be consolidated with the
Statewide General Election to be held in Berkeley on November 5, 2002;
2) authorizing the City Clerk to conduct an all-mail ballot election
on December 3, 2002 in the event of a runoff election; 3) requesting
the Alameda County Board of Supervisors consolidate the City of
Berkeley Municipal Election with the Statewide General Election; and
4) authorizing certain procedural and contractual actions.
Contact:
Sherry Kelly, City Clerk, 981-6900
Action:
Adopted Resolution No. 61,538–N.S.
-
Library
Gardens - Interim Parking Program Agreement
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to negotiate
and execute an Interim Parking Program Agreement with Library Gardens,
L.P., which provides for valet parking at two city-owned parking
facilities: Center Street Garage and Oxford Street Lot; and
facilitates the implementation of additional parking mitigations
required of the developer per the project’s approved Notice of
Decision for Use Permit #00-10000062 for the Library Gardens
development at 2020 Kittredge Street.
Contact:
Grace Maguire, 981-7008
Action:
Withdrawn by the City Manager.
-
Contract: Emergency Services to Persons with Severe Disabilities
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments with Easy Does It to provide emergency
services to residents with severe disabilities for one year through
June 30, 2003 in an amount not to exceed $673,920.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Adopted Resolution No. 61,539 –N.S.
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Purchase Orders: Electrical
Equipment and Supplies
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
purchase orders with Graybar Electric Company, Inc. for the purchase
of electrical equipment and supplies in an amount not to exceed
$125,000 through June 30, 2002 and $150,000 through June 30, 2003.
Contact:
Fran David, Finance, 981-7300
Action:
Adopted Resolution No. 61,540–N.S.
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Temporary Employment Agency Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing expenditures in an amount not to exceed
$75,000 for TAC Staffing Services to provide temporary employment
services to the Department of Health and Human Services for the period
July 1, 2001 to June 30, 2002.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,541 –N.S.
-
Agreement: Low-Income
Energy Program Revenue
From: City Manager
Recommendation:
Adopt a Resolution: 1) authorizing the City Manager to execute
a U.S. Department of Energy Weatherization Assistance Program revenue
agreement and any amendments, with the State Department of Community
Services and Development, in the initial amount of $15,609, for the
period April 1, 2002 through January 31, 2003, to provide
weatherization assistance for eligible residents 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.
Contact:
Stephen Barton, Housing, 981-5400
Action:
Adopted Resolution No. 61,542–N.S.
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Contract: Legal Services for Federal and State Tax Issues
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments with Hanson Bridgett Marcus Vlahos Rudy
LLP in an amount not to exceed $75,000 for legal services pertaining
to federal and state tax issues for the period of July 1, 2001 through
June 30, 2003.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No. 61,543–N.S.
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Salary Range: Police
Review Commission Investigator Classification
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 58,841-N.S.,
Classification and Salary Resolution for Unrepresented Employees, to
increase the salary range for the Police Review Commission
Investigator to provide an equity salary increase.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No. 61,544–N.S.
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Supplemental Military Leave Benefit
From: City Manager
Recommendation:
Adopt a Resolution providing an additional six months
supplemental military leave benefit to employees who have been called
up to active duty as part of the United States response to the
September 11, 2001 attacks.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No. 61,545–N.S.
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Grant: Summer Food Service Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a
grant application to the California State Department of Education,
Child Nutrition and Food Distribution Division, for a Summer Food
Service Program for children, and to execute any resultant agreements
and amendments for the period of June 18, 2002 to October 19, 2002.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
Action:
Adopted Resolution No. 61,546 –N.S.
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Purchase: Computer Support
From: City Manager
Recommendation:
Adopt a Resolution increasing a purchase order by $10,000 with
Compaq Computer Company for a total amount not to exceed $35,000 for
computer support.
Contact:
D.E. Butler, Police, 981-5700
Action:
Adopted Resolution No. 61,547–N.S.
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Downtown BART Station – Creation of Passenger Loading and
Unloading Zone; and Taxi Stand Relocation
From: City Manager
Recommendation:
Approve the establishment of a passenger loading and unloading
zone on Center Street (at Shattuck), and thereby, creating a BART
drop-off zone for the Downtown BART Station.
Adopt a Resolution amending Resolution No. 58,489–N.S. to
eliminate the taxi stand on Shattuck Avenue and relocate the taxi
stand to the south side of Center Street between Shattuck Avenue and
Milvia Street (behind the new BART drop-off zone), and therefore,
expanding the existing taxi stand already established on Center
Street. Adopt first
reading of an Ordinance amending the Berkeley Municipal Code (BMC) to
add Section 14.40.160 to create a no-double parking zone for
commercial vehicles along the taxi zone on Center Street.
This ordinance is necessary to provide unhindered access for
taxis in the newly established taxi zone.
Contact:
Grace Maguire, 981-7008, Rene
Cardinaux, Public Works, 981-6300, Fran David, Finance,
981-7300
Action:
Adopted Resolution No. 61,548–N.S. and adopted first reading
of Ordinance. Second
reading scheduled for May 21, 2002.
-
Fee Waiver: Claremont/Uplands Neighborhood Celebration
From: Councilmember Armstrong
Recommendation:
Adopt a Resolution waiving the special event and sound permit
fees associated with the Claremont/Uplands Neighborhood Celebration on
May 19th.
Contact:
Polly Armstrong, District 8, 981-7180
Action:
Adopted Resolution No. 61,549–N.S.
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Support for SB 532 Creating the California Renewables Portfolio
Standard Program, Requiring the Purchase of Set Amounts of Renewable
Energy By Retail Sellers of Electricity, and Creating, Extending, or
Refining Various Other Measures to Promote the Use of Renewable Energy
in California
From: Mayor Dean
Recommendation:
1) Support SB 532 (Sher) that: a. requires the purchase of set
amounts of renewable energy by retail sellers of electricity, through
the creation of the California Renewables Portfolio Standard Program
to be administered by the California Energy Resources Conservation and
Development Commission; the goal is to increase the overall amount of
renewable energy procured (now about 10%) to 20% by the year 2010, and
maintain it at least 20% through 2030; b.) extends the life of the
Public Interest Energy Research Program and the Renewable Energy
Program; 2) request that the City Clerk
notify the bill’s sponsor and our Sacramento legislative
representatives and lobbyist; and 3) request that this matter be
brought to the attention of the Alameda County Conference of Mayors
with a request that other cities support SB 532.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation.
-
Densification of Berkeley
From: Mayor Dean
Recommendation:
Request the City Manager review, evaluate, and report back to
the Council as quickly as possible on the attached materials and
conclusions relating to the “overdensification” of Berkeley,
published by the Council of Neighborhood Associations (CNA) in its
April 2002 CNA Newsletter; and schedule a special workshop session to
discuss the meaning and measurement of density in Berkeley.
The Planning Commission should be invited and public comment
allowed.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Removed from the Consent Calendar by Councilmember Maio and
held over to the meeting of May 28, 2002.
-
Fee Waiver: Pro Arts Open Studio Event
From: Councilmember Maio
Recommendation:
Adopt a Resolution waiving all fees for the use of the West
Berkeley Senior Center (including courtyard and some side rooms) for
the Pro Arts Open Studio event to be held on the weekends of May 31
– June 2 and June 7-9.
Contact:
Linda Maio, District 1, 981-7110
Action:
Adopted Resolution No. 61,550–N.S.
-
City-owned Vacant Lot/Property in between 1275 and 1283
University Avenue and John M. Doyle House at the Touriel/Darling
Florist Site
From: Councilmember Maio
Recommendation:
Request the City Manager investigate the moving of the John M.
Doyle house to the City owned vacant lot in between 1275 and 1283
University Avenue with the provision that a) it ensures a commercial
use on the ground floor; and b) is to be a non profit commercial
venture of an organization that the City currently supports or would
support.
Contact: Linda Maio, District 1, 981-7110
Action:
Withdrawn by Councilmember Maio
-
Sustainable City Website and Buy Local/Buy Green Information
From: Councilmembers Maio and Spring
Recommendation:
Refer to the City Manager expanding the City’s Website to
include a section entitled “Sustainable City” that will include
all of the City’s relevant programs, and include “Buy Local/Buy
Green” information on how to procure environmentally sound products
that can be purchased at a local level.
Contact:
Linda Maio, District 1, 981-7110, Dona Spring, District 4,
981-7140
Action:
Approved recommendation.
-
Budget Referral: Child
Education Center
From: Councilmembers Maio and Breland
Recommendation:
Refer to the budget process a request from Child Education
Center (CEC) for assistance in their move to the Adult School.
Contact:
Linda Maio, District 1, 981-7110, Margaret Breland, District 2,
981-7120
Action:
Approved recommendation.
-
Scheduling of Adult and Sexually Explicit Programming on Public
Access Television
From: Councilmembers Armstrong, Hawley and Olds
Recommendation:
Direct the City Attorney to develop an ordinance that regulates
the hours during which Berkeley’s local public access television
station may schedule programming self-described as “for adult
viewing” and/or “sexually explicit.”
Contact:
Polly Armstrong, District 8, 981-7180, Mim Hawley, District 5,
981-7150, Betty Olds, District 6, 981-7160
Action:
Removed from the Consent Calendar by Councilmember Worthington.
Moved, seconded, carried (Armstrong/Olds; Noes – Worthington;
Absent - Spring) to approve the recommendation.
-
Support for April 9th Protesters
From: Councilmember Worthington
Recommendation:
Adopt a Resolution that requests University of California
Chancellor Berdahl to not take away students’ opportunity for
education and drop the suspensions for the April 9th
protest. Also, request
the District Attorney drop the charges for participating in the
demonstration and protest rally.
Contact:
Kriss Worthington, District 7, 981-7170
Action:
Removed from the Consent Calendar by Councilmember Maio.
Moved, seconded, failed (Maio/Spring; Noes – Hawley, Olds,
Dean; Abstain – Armstrong, Breland) to adopt a resolution amended by
Councilmembers Maio and Worthington.
-
Creating a Hate Crimes Unit
From: Councilmember Worthington
Recommendation:
Refer to the City Manager and the Police Review Commission
several city models of creating a Hate Crimes Unit.
Also that the City Council send letters to our state officials
in support of the Local Law Enforcement Act (HR 134 and S 625).
Contact:
Kriss Worthington, District 7, 981-7170
Action:
Removed from Consent Calendar by Councilmember Maio and held
over to the meeting of May 28, 2002.
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Hate Crimes in Berkeley
(to
be delivered)
From:
Mayor Dean
Recommendation:
Refer to the City Manager and appropriate commissions the
development and implementation of a comprehensive City program to
address hate crimes in Berkeley.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Removed from the Consent Calendar by Councilmember Maio and
held over to the meeting of May 28, 2002.
-
Support AB 1058 Requiring State Regulation of Greenhouse Gas
Emissions From Motor Vehicles
From: Mayor Dean
Recommendation:
Support AB 1058 requiring state regulation of greenhouse gas
emissions from motor vehicles, effective as of January 1, 2006 and
applying to vehicle model years 2009 and later; and request that the
City Clerk notify the bill’s sponsors, Governor Davis, and the
City’s Sacramento legislative representatives and lobbyist.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation.
-
Support for California Wild Heritage Wilderness Heritage Act of
2002
From: Mayor Dean
Recommendation:
Support U.S. Senator Barbara Boxer’s California Wild Heritage
Wilderness Act of 2002 (the California Wilderness Act), to be
introduced shortly in the U.S. Senate, that would designate 2.4
million new California wilderness acres in 75 areas, and 21 wild and
scenic rivers extending more than 452 miles; and request that the City
Clerk notify Senator Boxer in accordance with the attached
instructions, and the City’s Washington lobbyist.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation.
-
Fee
Waivers: Summer Noon Music in Downtown
From:
Councilmember Spring
Recommendation:
Adopt a Resolution 1)
waiving the sound and special event permit fees for noon music in the
downtown Berkeley Park Plaza for the following dates:
June 6, 13, 20, 27, July 4, 11, 18, 25, 29; and 2) waiving the fees and give permission to hang a banner across Shattuck
Avenue to promote the event.
Contact:
Dona Spring, District 4, 981-7140
Action:
Adopted Resolution No. 61,55 1–N.S. as amended by
Councilmember Spring to withdraw the request to hang a banner.
Exploration of old Safeway Site on Claremont Street for Playing
Fields
From:
Councilmember Spring
Recommendation:
Refer to the City Manager the suggestion from a previous public
hearing that the old vacant Safeway site on Claremont Street in
Oakland may be suitable for a hardball baseball diamond and/or other
playing fields and request the City Manager come back with an
information report on the suitability and the availability of this
site for children’s playing fields.
Contact: Dona Spring, District 4, 981-7140
Action: Approved recommendation.
Appointments: Mental
Health Commission
From: Mental Health Commission
Recommendation:
Adopt a Resolution appointing Paul Clermont to the Mental
Health Commission, Special Public Interest Category for a three-year
term beginning May 14, 2002 and ending May 13, 2005; and re-appointing
Sandi Harrington to the Mental Health Commission, Special Public
Interest Category for a three-year term beginning June 22, 2002 and
ending June 21, 2005.
Contact:
Harvey Tureck, Secretary, 981-5213
a.
City
Manager’s Report
Recommendation:
The City Manager concurs with the content and recommendation of
the Commission.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,552–N.S.
Sister City: Palma Soriano, Cuba
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution establishing a sister city relationship with
the Municipality of Palma Soriano in the Province of Santiago de Cuba.
Contact:
Manuel Hector, Secretary, 981-5110
a.
City
Manager
Recommendation:
The City Manager concurs with the content and recommendations
of the Commission.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,553 –N.S. (Abstain – Armstrong)
-
EBMUD Public Power Study
From: Berkeley Energy Commission
Recommendation:
Adopt a Resolution encouraging the Board of Directors of the East
Bay Municipal Utility District (EBMUD) to conduct a detailed engineering
and economic analysis of various EBMUD roles in the public power business.
Contact:
Neal De Snoo, Secretary, 981-5434
a.
City
Manager Report
Recommendation:
The City Manager
concurs with the content and recommendations of the Berkeley Energy
Commission.
Contact:
Stephen Barton, Housing, 981-5400
b.
EBMUD
Public Power Pre-Feasibility Report
From: City Manager
Contact:
Stephen Barton, Housing, 981-5400
Action:
Presentation made. Moved,
seconded, carried (Armstrong/Worthington) to adopt Resolution No.
61,554–N.S.
Appeals:
-
1801 University Avenue
a.
Appeal
filed by Anil Dean of the Zoning Adjustments Board decision of
February 14, 2002, which modified Use Permit #97-10000022 under Section
23B.56.020 of the Zoning Ordinance to extend the permitted hours of live
music from 10:00 PM to 11:00 pm, Sunday through Thursday.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
From:
City Manager
Recommendation:
Adopt a Resolution remanding the matter back to the Zoning
Adjustments Board (ZAB) for a public hearing and dismissing the appeal.
Contact:
Carol Barrett, Planning and Development, 705-8102
c.
Communications
-
Chris
Zobrist
Action:
Councilmember Maio recused herself due to a conflict of interest
based on her residence being within 500 feet of the property.
Moved, seconded, carried (Breland/Armstrong; Abstain – Spring;
Absent – Maio) to adopt Resolution No. 61,555–N.S. upholding the
Zoning Adjustments Board decision and dismissing the appeal.
635 Santa Rosa Street
a.
Appeal
filed by Greg and Sheila Steffan of the Zoning Adjustments Board decision
of January 24, 2002, which approved Use Permit #01-20000002, a 725 square
foot major residential addition.
Contact:
Sherry Kelly, City Clerk, 981-6900
b.
Appeal
filed by Kenneth A. Freedman on behalf of Helen and Bill Hawkins of the
Zoning Adjustments Board decision of January 24, 2002, which approved Use
Permit #01-20000002.
c.
Appeal filed by John and Sherry Zalabak of the Zoning
Adjustments Board decision of January 24, 2002, which approved Use Permit
#01-20000002.
d.
From:
City Manager
Recommendation:
Adopt a Resolution upholding the Zoning Adjustment Board’s
decision to approve the Use Permit and dismissing the appeal.
Contact:
Carol Barrett, Planning and Development, 705-8102
e. Communications
-
Kenneth
Freedman
-
Helen
Hawkins, Greg and Sheila Steffen, and John and Sherry Zalabak
-
John
and Sherry Zalabak
-
Greg
and Sheila Steffan
-
Dennis
Mulquenney
Action:
Moved, seconded, carried (Hawley/Armstrong; Noes – Olds; Abstain
– Dean) to adopt Resolution No. 61,556 –N.S. upholding the Zoning
Adjustments Board decision and dismissing the appeal.
-
Potential Ballot Measures – November 2002
From:
City Manager
Recommendation:
1) Give direction to the City Manager as to which ballot measures
should be considered for the November 2002 ballot and give direction to
the City Attorney to prepare ballot titles and financial analysis and
return to Council no later than June 25, 2002 with the text, title and
financial analysis; 2) for those proposed measures where ballot text
language is being presented, approve or amend the ballot text language and
give direction to the City Attorney to prepare ballot titles and financial
analysis and return to Council no later than June 25, 2002; and 3) give
additional direction to the City Manager and City Attorney to prepare
ballot text, title and financial analysis for any additional ballot
measures not included in the staff report that Council may wish to place
on the November ballot and request that the text, title and financial
analysis return to Council no later than June 25, 2002.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Actions on various ballot measures were taken as listed below with
all other ballot measures being held over to the meeting of May 28, 2002.
a.
Ballot Measure — Instant Runoff Voting Charter Amendment
From:
City Manager
Recommendation:
If the Council wishes to place a measure on the November 2002
ballot amending the charter to allow for Instant Runoff Voting (IRV): 1)
review enclosed proposed charter amendment language and either approve the
text or give direction for any changes and further direction to the City
Attorney to prepare ballot title and financial analysis; and 2) give
direction to the City Clerk to continue to follow-up and report back on
status of IRV in California jurisdictions.
Contact: Sherry Kelly, City Clerk, 981-6900
Action:
Held over to the meeting of May 28, 2002.
b.
Ballot Measure – Measure Q Relating to Development Potential on
the North Basin Strip of the Berkeley Waterfront
From:
City
Manager
Recommendation:
If Council wishes to place a measure on the November 2002 ballot
making it explicit that the Council has the power to reduce development
potential for the Waterfront within constitutional constraints, below the
amounts currently contemplated by Measure Q, either approve the text or
give direction for any changes and further direction for the City Attorney
to prepare a ballot title and financial analysis.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action:
Moved to the Consent Calendar by Councilmember Worthington to
direct the City Attorney to prepare a ballot title and analysis.
c.
Ballot
Measure – Competitive Bidding Charter Amendment
From: City Manager
Recommendation:
After researching this matter, staff does not recommend a charter
amendment.
Contact: Phil Kamlarz, Deputy
City Manager, 981-7000
Action:
Consensus by the Council to not place a charter amendment on the
ballot.
d.
Ballot
Measure – Redistricting Charter Amendment
From: City Manager
Recommendation: If the
Council desires to place a measure on the ballot amending the charter
related to the time in which to consider and take action on redistricting;
give direction to the City Manager and the City Attorney on ballot text
language prepared by the City Attorney or alternate proposals presented by
Mayor Dean and Councilmember Spring.
Contact: Manuela Albuquerque,
City Attorney, 981-6950
Action: Held
over to the meeting of May 28, 2002.
d1. Charter Amendment To
Extend Time To Redistrict After Decennial Census And Consolidating
Council, Mayoral And Auditor Elections To Coincide With The
Redistricting Cycles (Held
over by Maio from 04/23/02 and 04/29/02)
From:
Councilmember Spring
Recommendation:
Add an amendment to
the April 16, 2002 recommendation from Mayor Dean to change the effective
date of redistricting by the Council requesting that the City Manager
develop a charter amendment which would allow redistricting to occur up to
two years after the decennial census if necessary; and in order to prevent
bifurcation of the residents in new and future redistricting plans, align
all the council district elections as well as the mayoral election in the
year 2004. This charter
amendment should be placed on the Nov. 2002 ballot to be effective at the
next round of redistricting. The
change would not affect the current adopted redistricting plan.
Contact:
Dona Spring, District 4, 981-7140
Action:
Held over to the meeting of May 28, 2002.
d2. Redistricting - Revised
Item from Councilmember Spring (May 14, 2002)
Recommendation: Postpone
consideration of a charter amendment in response to the next decennial
census count until 2004 when further solutions can be explored to deal
with the problems of inaccurate census counts.
Refer this agenda item’s recommendations and the Mayor’s agenda
items recommendations on this topic to a future process.
Contact: Dona
Spring, District 4, 981-7140
Action:
Held over to the meeting of May 28, 2002.
d3. Charter Amendment changing the effective date of Redistricting
(Held over by Maio from 4/16/02 and 4/23/02)
From: Mayor Dean
Recommendation:
Request the City Manager develop a charter amendment which would
provide for redistricting two years after the decennial Census, with
elections from the new districts to be held at the next general election
following this revised redistricting process.
This amendment should be placed on the November 2002 ballot to be
effective at the next round of redistricting.
The change would not effect the current redistricting.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Held over to the meeting of May 28, 2002.
e.
Ballot Measure – Property Transfer Tax – Affordable Housing
and Soft Story Seismic Assistance
From: City Manager
Recommendation:
If Council wishes to place a measure on the November 2002 ballot
increasing the Property Transfer Tax by 0.25% for affordable housing and
soft story seismic assistance, either approve the ballot text or give
direction for any changes and further direction for the City Attorney to
prepare a ballot title and financial analysis.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Actions:
Moved, seconded, (Worthington/Maio) a main motion to direct the
City Manager to support placing a measure on the ballot for affordable
housing and to redraft the ballot language to provide for specific
percentages of money for each program and to make programs a high
priority.
Moved,
seconded, carried (Armstrong/Hawley; Noes – Olds) a substitute motion to
consider comments and concerns by councilmembers and to take these into
consideration when redrafting any ballot language.
e1.
Affordable Housing Ballot Measure Information Report
From: Housing Advisory Commission
Contact:
Oscar Sung, Secretary, 981-5410
Action: Held over to the meeting of May 28, 2002.
f.
Ballot Measure –Animal Shelter Bond Measure
From: City Manager
Recommendation:
If Council wishes to place a bond measure on the November 2002
ballot for new construction and/or improvements of the existing animal
shelter, comment on project scope and give direction to the City Manager
and City Attorney to prepare ballot title and financial analysis.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Moved, seconded, carried (Breland/Olds) to direct the City Attorney
to prepare a title and financial analysis for the November ballot for the
acquisition and/or building of a new animal shelter.
f1.
A New Animal Shelter in Berkeley
(to be delivered)
From:
Mayor
Dean
Recommendation:
Refer to the City Manager and the Citizens Humane Commission a
request to evaluate several sites as possible locations for a new animal
shelter, and that this site evaluation be completed in time for inclusion
in the $6.5 million November ballot measure now being prepared.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Withdrawn by Mayor Dean at the recommendation of the City Manager.
f2. Ballot Measures – Animal Shelter, Playing Fields,
Aquatic Park
From: Councilmember Spring
Recommendation:
Consider putting a bond measure on the November 2002 ballot as a
way to assist in purchasing additional land near Aquatic Park for the
following possible uses: playing
fields for children, expansion of Aquatic Park and a new animal shelter.
Contact:
Dona Spring, District 4, 981-7140
Action:
Held over to the meeting of May 28, 2002.
g.
Ballot
Measure – Old City Hall Seismic Retrofit Bond Measure
From: City Manager
Recommendation:
If Council wishes to place a bond measure on the November 2002
ballot for seismic retrofit and improved council chambers at Old City
Hall, comment on the project scope and give direction to the City Manager
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