City Council eSummary - 06/17/03

Regular Meeting eSummary
June 17, 2003

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.

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 17, 2003 – 7:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way

Preliminary Matters

Roll Call: 7:48 p.m. All present.

Ceremonial Matters:

1. Proclamation declaring June 17, 2003 as Charlie Betcher Appreciation Day.
Action: Held over to a date yet to be determined.

Comments from the City Manager: None.

Comments from the Public: 12 speakers.

Consent Calendar

Moved, seconded, and carried (Wozniak/Worthington) to adopt the Consent Calendar in one motion except as indicated:

1. Supplementary Retirement and Income Plan I and II (PDF, 4 MB) (First reading 6/10/03 – Unanimous)

From: City Manager

Recommendation: 1) Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.36 (Supplementary Retirement and Income
Plan I) to make technical changes to bring the plan into compliance with the Internal Revenue Code (IRC) and other Federal laws, rules and regulations; and repealing Ordinance No. 5864-N.S. and all amendatory ordinances; and 2) adopt second reading of an Ordinance to repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.38 (Supplementary Retirement and Income Plan II) to make technical changes to bring the plan into compliance with the IRC and other Federal laws, rules and regulations and repealing Ordinance No. 5865-N.S. and all amendatory ordinances.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Ordinance No. 6747–N.S. (PDF, 2 MB) and Ordinance No. 6748–N.S. (PDF, 2 MB) Effective July 17, 2003.

2. Contract: Pre-Apprenticeship Construction Training (PDF, 243 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute amendments to the contract with the Oakland Private Industry Council for pre-apprenticeship construction training to be provided by the Cypress Mandela/Women in Skilled Trades Program to increase the amount by $42,000 for a total not to exceed $84,000 and to extend the term to June 30, 2004.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action: Adopted Resolution No. 62,089– N.S. (PDF, 100 KB)

3. Contract: 3404 King Street - Ownership Transfer of Youth House (PDF, 346 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Building Opportunities for Self Sufficiency (BOSS) and Fred Finch Youth Center (FFYC) concerning an assignment of rights to the property at 3404 King Street, as assumption of the loan made to BOSS, amending the loan agreement to reduce the number of youth housed from 15 to 12, and allocating up to $15,000 from the Housing Trust Fund (HTF) for escrow fees and closing costs.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,090– N.S. (PDF, 123 KB)

4. Contract: 1947 Center Street Janitorial Services (PDF, 272 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Twin III Building Maintenance Company for performance of janitorial services at 1947 Center Street for the period of July 1, 2003 through December 31, 2004 in an amount not to exceed $63,000; and approve an option to extend the contract for four additional one-year periods up to a maximum of five and one-half years at the City’s discretion.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,091– N.S. (PDF, 91 KB)

5. Contract: Design of Underground Supporting Structure (PDF, 828 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pacific Gas and Electric Company (PG&E) in an amount not to exceed $50,000 to provide engineering services for design of the underground support structure for the Thousand Oaks Heights Applicant Financed Utility Underground District No. 1, for a design period of no more than 90 days from the notice to proceed.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,092– N.S. (PDF, 315 KB)

6. Purchase: Three Front Loader Refuse Trucks (PDF, 185 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the City of Brentwood’s bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing a purchase order to Oakland Truck Center in an amount not to exceed $512,710 for the purchase of three new Autocar Xpeditor Truck Chassis with Witke Front Loader Body.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,093– N.S. (PDF, 80 KB)

7. Purchase: Waste Handler Loader (PDF, 251 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the purchase of a John Deere 644H Waste Handler Loader utilizing the California Master Agreement Schedule and authorizing a purchase order to Nortrax West Company in an amount not to exceed $225,731.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,094– N.S. (PDF, 73 KB)

8. Budget Referral: Coalition for Alternatives in Mental Health (PDF, 55 KB)

From: Councilmember Breland and Vice Mayor Shirek

Recommendation: Refer to the budget process an additional $13,500 for the Coalition for Alternatives in Mental Health, as given to them in 2003.

Contact: Margaret Breland, Councilmember District 2, 981-7120; Maudelle Shirek, Councilmember District 3, 981-7130

Action: Approved recommendation.

9. Budget Referral: West Berkeley Mini Van Driver and Mini Bus (PDF, 67 KB)

From: Councilmember Breland

Recommendation: Refer to the budget process the Mini Bus Driver position and the Mini Bus that serves residents who travel to and from the West Berkeley Senior Center.

Contact: Margaret Breland, Councilmember District 2, 981-7120

Action: Approved recommendation.

10. Recognition of Berkeley High School Photography Contest Winner (PDF, 61 KB)

From: Councilmember Breland

Recommendation: Recognize and commend Berkeley High School student, Allison Roberts, winner of the New York Time Photo Competition.

Contact: Margaret Breland, Councilmember District 2, 981-7120

Action: Approved recommendation.

11. Salute to Youth Commissioners (PDF, 57 KB)

From: Councilmember Breland

Recommendation: Adopt a Resolution saluting Youth Commissioners to be presented June 24, 2003.

Contact: Margaret Breland, Councilmember District 2, 981-7120

Action: Adopted Resolution No. 62,095– N.S. (PDF, 69 KB)

12. U.S. Reductions in Carbon Emissions (PDF, 539 KB)

From: Councilmember Maio

Recommendation: Adopt a Resolution sponsoring or supporting legislation calling for a national policy that targets U.S. reductions in carbon emissions of 60 percent from 1990 levels by the year 2050, and promotes through funding incentives and other means a nationwide mobilization of renewable energy resources and an accelerated expansion of use in homes, businesses and buildings of energy efficient technologies and products.

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

Action: Adopted Resolution No. 62,096– N.S. (PDF, 392 KB)

13. Budget Referral and Fee Waiver: Front Row Festival (PDF, 229 KB)

From: Councilmember Spring

Recommendation: 1) Adopt a Resolution waiving the permit fees for the Front Row Festival to be held August 24, 2003; 2) referring the request by the Downtown Berkeley Association (DBA) for $5,000 to fund the Grand Opening of this event to the budget process, and 3) referring the request to hang banners to the City Manager so that the DBA can be apprised of the City Attorney’s position on this request.

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

Action: Adopted Resolution No. 62,097– N.S. (PDF, 71 KB)

14. 3045 Shattuck Avenue Review and Possible Modification (PDF, 411 KB)

From: Councilmember Spring

Recommendation: Refer to the Planning Commission for review and possible modification of the 3,000 square foot addition by right at 3045 Shattuck Avenue in areas zoned for mixed-use.

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

Action: Approved recommendation. See Item 24.

15. Naming Post Office in Honor of Vice Mayor Shirek (PDF, 113 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution requesting the downtown Berkeley Post Office be designated the “Maudelle Shirek Post Office Building”.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,098– N.S. (PDF, 69 KB)

16. Restaurant and Food Service Quota System (PDF, 82 KB)

From: Councilmembers Worthington and Olds

Recommendation: Refer to the City Manager and Planning Commission requests from Northside Commercial District Businesses to establish restaurants and food service quota system similar to that existing on Solano, College and Telegraph.

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Betty Olds, Councilmember District 6, 981-7160

Action: Approved recommendation.

17. Suitcase Clinic Storage (PDF, 436 KB)

From: Councilmember Worthington

Recommendation: Refer to the City Manager the Suitcase Clinic’s Storage Proposal.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Approved recommendation.

Action Calendar – Public Hearing

18. North Shattuck Business Improvement District (PDF, 573 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 Fiscal Year 2003; and 2) levying assessments in the District for Fiscal Year 2004.

Contact: Tom Myers, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. No speakers. Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,099–N.S. (PDF, 414 KB)

19. Appeal: 1936 Delaware Street

a. City Manager Supplemental Report (PDF, 256 KB)

Recommendation: Grant the request of the applicant and appellant to continue the public hearing, without taking testimony, to July 8, 2003, and waive Council rules to schedule a public hearing on a non-public hearing night.

Contact: Phil Kamlarz, Planning, 981-7400

b. Communications (PDF, 2 MB)

1. Ted Kluger (2)

2. David C. Levy, Morrison & Foerster LLP (2)

3. Sydney Turnshek

Action: Moved, seconded, carried (Worthington/Maio) to approve the recommendation to continue the public hearing to July 8, 2003.

20. Appeal: 1600 Shattuck Avenue

a. From: City Manager (PDF, 414 KB)

Recommendation: Open the public hearing, allow each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until July 15, 2003 to allow completion of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Phil Kamlarz, Planning, 981-7400

b. Communications (PDF, 2 MB)

1. Frances Strassman (2)

2. Shahram Shahruz (10)

3. Appellants: Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe

4. Libby Kelley

5. Jon-Erik Beckjord

6. L.G.

7. Carol Suveda

8. Marsha Hiller

9. Vida Bateau

Action: Moved, seconded, carried (Maio/Worthington) to approve the supplemental recommendation to continue the public hearing to September 16, 2003.

21. Fiscal Year 2004 – Fiscal Year 2005 Biennial Budget (HTML, opens in a new browser window)

From: City Manager

Recommendation: Conduct the second of two public hearings (first one held May 20, 2003) on the FY 2004-FY 2005 Biennial Budget as proposed by the City Manager.

Contact: Weldon Rucker, City Manager, 981-7000

Public Testimony: The mayor opened the public hearing. The Council heard from numerous speakers. Moved, seconded, carried (Worthington/Maio) to close the public hearing.

Action: Moved, seconded, carried (Olds/Breland) to direct staff to provide various tax rate options for the library tax at the meeting of June 24, 2003.

22. Residential Preferential Parking (PDF, 7 MB) (to be delivered)

From: City Manager

Recommendation: Conduct a Public Hearing and upon conclusion, 1) adopt a Resolution approving fee increases for the Residential Preferential Parking Program and rescinding Resolution No. 54,657-N.S. and all its amendments; 2) adopt a Resolution establishing a policy that parking is a limited and finite resource; 3) approve the associated RPP work program and schedules; and 4) approve the policy and program directions as presented in this report; and 5) adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 14.72.

Contacts: Fran David, Finance, 981-7300 and Peter Hillier, Transportation, 981-7000

Public Testimony: The Mayor opened the public hearing. 6 speakers. Moved, seconded, carried (Maio/Breland) to close the public hearing.

Actions: Moved, seconded (Maio/Hawley) a main motion approving permit fees of $30 (annual residential), $1 (1-day visitor), $14 (2 week visitor) and $30 (annual in-home care). Moved, seconded, carried (Worthington/Olds; Noes – Hawley, Wozniak; Abstain – Spring) a substitute motion to adopt Resolution No. 62,100-N.S. (PDF, 75 KB) approving permit fees of $30 (annual residential), $2 (1-day visitor), $20 (2 week visitor) and $30 (annual in-home care).

Moved, seconded, failed (Spring/Olds; Noes – Maio, Breland, Hawley, Wozniak, Bates) a substitute motion to adopt a fee of $100 for the annual community-serving facility care permit.

Moved, seconded, carried (Maio/Wozniak; Noes _ Olds; Abstain - Worthington) a main motion to adopt Resolution No. 62,101-N.S. (PDF, 70 KB) approving a fee of $40 for the annual community-serving facility care permit.

Moved, seconded, carried (Spring/Olds; Noes – Breland, Wozniak) to adopt Resolution No. 62,102-N.S. (PDF, 68 KB) approving a fee of $100 for the annual merchant permit.

Moved, seconded, failed (Breland/Worthington; Noes – Shirek, Hawley, Olds, Wozniak, Bates) a substitute motion to approve a fee of $0.50 for a 1-day senior center permit.

Moved, seconded, carried (Olds/Spring; Noes – Breland, Worthington) the main motion to adopt Resolution No. 62,103-N.S. (PDF, 67 KB) approving a fee of $1 for a 1-day senior center permit.

Moved, seconded, carried (Olds/Maio) to adopt Resolution No. 62,104-N.S. (PDF, 288 KB) establishing a policy on parking.

Moved, seconded, carried (Maio/Wozniak; Noes – Worthington) to limit to 15 (1-day and 12 week) visitor permits and 3 in a one-year period and 20 (1-day) visitor wild cards.

The Ordinance to amend Berkeley Municipal Code, Chapter 14.72 regarding administrative changes was held over to July 8, 2003.

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.

Supplemental Reports and Communications #1 (PDF, 4 KB)

Item 13: Budget Referral and Fee Waiver: Front Row Festival

11. Deborah Badhia, Downtown Berkeley Association

Item 15: Naming Post Office in Honor of Vice Mayor Shirek

12. NoRepInDistrict3@***.com

13. Jim Hultman

Item 17:Suitcase Clinic Storage

14. Jim Hultman, Ward Street Neighbors

15. Joan More

Item 19: Appeal: 1936 Delaware Street (Spring)

16. Rena Rickles (2) (PDF, 194 KB)

Item 20: Appeal: 1600 Shattuck Avenue (PDF, 310 KB)

17. Supplemental Report submitted by City Manager

18. Shahram Shahruz

19. Dennis Martin, Applicant Response to Appeals

Item 21: Fiscal Year 2004 and Fiscal Year 2005 Biennial Budget (PDF, 1 MB; Note: File contains #20-27; 29.)

20. Commission on Disability: Transfer of the Commission to Health & Human Services Department

21. Frederick J. Lupke: Transfer of the Commission to Health & Human Services Department (Spring, Maio)

22. Angela Griffith, Berkeley Council of the Blind: Transfer of the Disability Compliance Program to Health & Human Services

23. Jolie Krakauer: Young Artists Workspace Program

24. Mary E. Flaherty-Lee: Young Artists Workspace

25. Catherine Brady, Project WorkAbility: Habitot Children’s Museum

26. Jim Hultman: Traffic Circle Funding

27. Shang-Mei Lee: Affordable Housing Advocacy Program

28. Black Repertory Group: Funding for BRG Activities:
Part 1 (PDF, 7 MB) | Part 2 (PDF, 7 MB) | Part 3 (PDF, 12 MB) | Part 4 (PDF, 8 MB)

29. Michael Katz: Budget for FY 2004

Item 22: Residential Preferential Parking (PDF, 14 MB)

30. Jane Lnn, North Berkeley Senior Center: 122 Signatures

31. Michael Katz

Item 24: Status Report on 3045 Shattuck Avenue

32. Robert Lauriston (2)

Supplemental Reports and Communications #2 (PDF, 4 KB)

Item 20: Appeal: 1600 Shattuck Avenue

33. Michael Fried (PDF, 3 MB)

Item 21: Fiscal Year 2004 and Fiscal Year 2005 Biennial Budget (PDF, 5 MB)

34. Miriam Infinger, Home at Last Animal Rescue: Human Commission

35. Richard Mains, Mains Associates: DBA Annual Festival

36. Deborah Badhia, Berkeley Arts Festival: DBA Annual Festival

37. Stephanie Williams, SRM Associates: DBA Annual Festival

38. Susan Medak, Berkeley Repertory Theatre: DBA Annual Festival

39. Rauly Butle, Retail Banking Group: DBA Annual Festival

40. Austene Hall, Berkeley Architectural Heritage Assoc: DBA Annual Festival

41. boona chema, BOSS: DBA Annual Festival

42. Susan Muscarella, the JazzSchool: DBA Annual Festival

43. JB, Per-Paid Legal Services, Inc: DBA Annual Festival

44. Heather E. Hensley, North Shattuck Association: DBA Annual Festival

45. Julie Mills, Alameda County Health Care Services Agency: Habitot

46. Shani Leonards, Oakland Public Library: Habitot

47. Lori Drabkin, Perinatal Council: Habitot

48. Program Assistant, Fruitvale Even Start Family Literacy Program: Habitot

49. Thelma Hollis: Habitot

50. Cori Kesler: Habitot

51. Catherine Brady, Project WorkAbility: Habitot

52. Cynthia Eagleton: Habitot

53. Aiko Pandorf: Habitot

54. Kathy Eyre: Habitot

55. Jill Marchant: Habitot

56. Andrea Craig Dodge: Habitot

57. Sheela Bhatt: Habitot

58. Peter Alvarado: Habitot

59. Hannah Karpilow: Habitot

Item 22: Residential Preferential Parking (PDF, 2 MB)

60. Supplemental City Manager Report: Case Study for Area “D”

61. Councilmembers Linda Maio and Gordon Wozniak