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summary
BERKELEY
CITY COUNCIL MEETING
Tuesday,
November 4, 2003 – 7:00
p.m.
Council Chambers,
2134 Martin Luther King Jr. Way
Roll Call: 7:03 p.m. Absent: Breland.
Ceremonial Matters:
1.
Proclamation honoring the Berkeley Jazz School and designating
November 7, 2003 Jazz Appreciation Day.
City Manager Comments:
1. Council
meetings and other government programming are now broadcast on BTV channel 33
(previously channel 78). Pubic access
programming is broadcast on channel 28 (previously channel 25).
2. Announcing
the appointment of Lisa Caronna, as Acting Deputy City Manager, previously the
Director of the Parks, Recreation and Waterfront Department.
3. Workshop
sessions titled “How to Use the City of Berkeley Website to Obtain Information
and Assist Citizens in Government Participation” begin Thursday, November 6th
at 7:00 p.m. at the Public Library. Contact the Library at 981-6148 or the City
Clerk at 981-6900 for details.
Public Comment: 11 speakers. Referred to City Manager comments made by Kent Brown regarding
the City’s home buyer assistance programs.
Youth Comments: None.
Moved,
seconded and carried (Worthington/Maio) to adopt the Consent Calendar in one
motion except as indicated:
1. Lease: California Department of Transportation (PDF, 3 MB) (First reading – 10/21/03)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a five-year lease agreement
with one five-year option to extend the term and any necessary amendments with
the State of California Department of Transportation (CalTrans) for the vacant
lot located at I-80/University Avenue underpass at Second Street, known as
freeway lease area number 04-ALA-80-01 in an amount not to exceed $61,500 which
includes monthly lease payments, operating expenses, insurance, options and
security deposit to accommodate storage space for City departments.
Contact: Rene Cardinaux,
Public Works, 981-6330
Action:
Adopted Ordinance No. 6,780 –N.S.
(PDF, 3 MB) Effective December 4, 2003 (Abstain – Olds, Shirek; Absent – Breland).
2. Minutes for Approval (PDF, 5 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of September 9, 2003 (regular);
October 14, 2003 (special and regular); and October 21, 2003 (special and
regular).
Contact: Contact: Sherry Kelly, City Clerk, 981-6900
Action: Approved minutes
with the exception of minutes of September 9, 2003 (regular) removed from the
Consent Calendar by Councilmember Maio and held over to November 18, 2003.
3. Needle Exchange (PDF,
163 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: Sherry Kelly, City
Clerk, 981-6900
Action: Adopted
Resolution No. 62,277 – N.S. (PDF, 96 KB)
4. Grant Application: Local Housing
Trust Fund Program (PDF,
485 KB) (to
be delivered)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to submit a grant application to: 1) apply for $1
million in funding from the California Department of Housing and Community
Development (HCD) Local Housing Trust Fund Program (LHTFP) and 2) to provide
for a $1.5 million match currently available in the Housing Trust Fund for the
purpose of developing and increasing the supply of affordable housing and
amending Resolution No. 62,240 – N.S.
Contact: Stephen Barton, Housing, 981-5430
Action: Adopted
Resolution No. 62,278 – N.S. (PDF, 132 KB)
5. City Manager’s Contract Authority (PDF, 717 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 1) amending the Berkeley Municipal
Code (BMC) Section 7.18.010B to increase the City Manager’s expenditure
authority for capital improvements, including playground improvements and
equipment, to $100,000, 2) adding BMC Section 7.18.010C to increase the City Manager’s general
expenditure authority for supplies, equipment, and materials to $50,000, and 3)
amending BMC Section 7.18.020A to increase the City Manager’s emergency
expenditure authority for materials, supplies and equipment to $50,000 and for
public construction projects, playground improvements and equipment to
$100,000.
Contact: Fran David,
Finance, 981-7200
Action: Removed
from Consent Calendar by Councilmember Worthington and held over to November
25, 2003.
6. Grants: Measure B Bicycle and Pedestrian Countrywide Discretionary Fund (PDF, 292 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) submit an application to the Alameda County
Transportation Improvement Authority (ACTIA) for available grant funding
through the Measure B Bicycle and Pedestrian Countywide Discretionary Fund, Cycle
1: 2003/2004; and 2) execute related grant agreements and any amendments, and
accept these grant funds, if awarded.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
Action: Adopted
Resolution No. 62,279 – N.S. (PDF, 128 KB)
7. Off-Peak Parking on the Northwest Corner of Monterey Avenue and Hopkins
Street (PDF, 70 KB)
From: Councilmembers Hawley and Olds
Recommendation: Adopt a Resolution authorizing
the City Manager to amend the MOU with the Alameda-Contra Costa Transportation
District (AC Transit) to allow parking in the bus zone on the northwest corner
of Monterey Avenue and Hopkins Street except during weekday morning peak
commute periods.
Contact: Miriam Hawley,
Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 5,
981-7160
Action: Adopted
Resolution No. 62,280 – N.S. (PDF, 75 KB)
8.
Painful Non-Curative Cosmetic Mutilation of Animals
a.
From: Citizens Humane Commission (PDF, 853 KB)
Recommendation: Adopt a Resolution
deploring the painful non-curative and cosmetic mutilation of any animals
within the City of Berkeley.
Contact: Kate O’Connor,
Secretary, 981-6601
b.
City Manager (PDF,
61 KB)
Recommendation: The City Manager concurs with the content and recommendations of the
commission’s report.
Contact: Jim Hynes, City
Manager, 981-7000
Action: Removed
from Consent Calendar by Councilmember Maio. Moved, seconded, carried
(Olds/Worthington; Absent – Breland) to adopt Resolution No. 62,281 –
N.S. (PDF, 81 KB) as
amended by Councilmember Hawley.
Action
Calendar – Ballot Measures – March 2, 2004 Election
9.
Ballot Measure – Special Tax Measure for Fire Services
a.
From: City Manager (PDF, 569 KB)
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure related to a
proposed special tax for fire protection and prevention services in the amount
of either $8 or $10 million per year.
Contact: Phil Kamlarz, City Manager, 981-7000
Action: Directed staff to revise ballot measure
based on Council comments and to set a public hearing for the meeting of
November 18, 2003 and a special meeting for 5:00 p.m. on November 18, 2003 to
consist of a public portion and a closed session to discuss labor contracts and
negotiations.
b.
City Manager Information Report (PDF, 3 MB) (to be delivered)
Contact: Paul Navazio, Budget Manager 981-7000
Action: Report received and
filed.
10. Ballot Measure – Charter Amendment - Runoff Elections (PDF, 715 KB) (to be delivered)
From: City Manager
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure(s) related
to: a) changing the date of runoff
elections from 28 days after the general municipal election to the first
Tuesday after the first Monday in February of the odd-numbered years and b)
reducing the percent required to be nominated to the office of auditor, mayor
or council member from 45% to 40%.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Moved,
seconded, carried (Olds/Worthington; Absent – Breland) to approve ballot
language for one charter amendment that would change the date of the runoff and
lower the threshold to trigger a runoff.
Ballot measure to return at the meeting of November 18, 2003 for public
hearing and final review.
11.
Ballot Measure – Charter Amendment - Instant Runoff
Voting (October
21, 2003)
a. From: City Manager (PDF, 2.5 MB)
Recommendation: 1) Determine whether the
Council desires to place a charter amendment on either the March or November
2004 ballot to allow for instant runoff voting, when feasible and 2) if the
Council desires to place a charter amendment on either the March or November
ballot, review and comment on proposed charter language prepared by the City Attorney.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Directed
staff to revise the charter amendment based on Council comments. Ballot measure to return at the meeting of
November 18, 2003 for public hearing and final review.
b. Information
Report from Councilmember Spring (PDF, 138 KB) (November 4, 2003)
Contact: Dona Spring, Council District 4, 981-7140
Action: Received
and filed.
12. Ballot Measure – Charter Amendment - Candidate Nomination Process (PDF, 848 KB) (to be delivered)
From: City Manager
Recommendation: Review and comment on the
ballot title, City Attorney analyses and text of ballot measure related to: a)
requiring candidates running for a council district office to be nominated by
registered voters within the district; b) establishing a filing fee or signatures
in-lieu of a filing fee in additional to current requirements to run for
office.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Directed
staff to revise the charter amendment based on Council comments and to notify
other local officials. Ballot measure
to return at the meeting of November 18, 2003 for public hearing and final
review.
13. Argument and Rebuttal Process (PDF, 381 KB)
From: City Manager
Contact: Sherry Kelly, City
Clerk, 981-6900
Action: Received and filed.
Action
Calendar – Old Business
14. Contract: James Kenney Recreation Center Renovation (PDF, 292 KB) (Held over from 10/14/03
and 10/21/03)
From: City Manager
Recommendation: Adopt a Resolution: 1)
approving plans and specifications for renovation of the James Kenney
Recreation Center; 2) waiving permit fees; 3) accepting the bid of Kin Wo
Construction, Inc.; and 4) authorizing the City Manager to execute a contract
and any amendments in an amount not to exceed $772,604.
Contact: Rene Cardinaux,
Public Works, 981-6330
Action: Moved
to Consent Calendar by Councilmember Maio and adopted Resolution No.
62,282 – N.S. (PDF, 151 KB)
15. Contract:
Financial Software Maintenance (PDF, 180 KB) (Held over from 9/16/03, 10/14/03 and 10/21/03)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to enter into an agreement with H.T.E. Inc. for maintenance
software for the City’s financial system, FUND$, for a total amount not to
exceed $250,000, for the period July 1, 2003 to June 30, 2005.
Contact: Chris Mead,
Information Technology, 981-6500
Action: Withdrawn
by the City Manager.
16.
Public Safety Building Tower Study (Held over from 10/21/2003)
a. Councilmember
Spring (PDF, 10 MB)
(November 4,
2003)
Recommendation: Hold over this matter to
the meeting of November 25, 2003.
Contact: Dona Spring, Councilmember District 4,
981-7140
b. Information
Report from City Manager (PDF,
4 KB) (November
4, 2003) (to be delivered)
Contact: Rene Cardinaux, Public Works, 981-6330
c. From:
Councilmember Spring (PDF,
9 MB) (October
21, 2003)
Recommendation: Conduct a public hearing
as approved by the Council at the meeting of September 9, 2003 and upon
conclusion direct the City Manager to replace the current industrial-design
public safety building tower with two shorter towers with a flagpole design and
increase their signal reliability with repeater antennas or other options or
that it construct a one-pole antenna, sited as far away from the residents as
possible.
Contact: Dona Spring,
Councilmember District 4, 981-7140
d. From: City
Manager (PDF, 3 MB) (October 21, 2003)
Recommendation: Staff recommends that no
further work be done on either the evaluation of the current tower or in the
design of tower alternatives.
Contact: Rene Cardinaux,
Public Works, 981-6330
e. Communications (PDF,
909 KB) (October 21, 2003)
f.
Supplemental Reports and Communication #1 (PDF,
728 KB) (October 21, 2003)
18.
Janet Levenson
19.
Wendy Alfsen (2)
20.
Michael Dove
21.
Krys Upstill
22.
Stephany Rach-Silba
23.
Stephani Hesh
24.
Harry Wiener and Anita White
25.
Michael Popso
26.
Harry Weiner
27.
Connie and Kevin Sutton
g. Supplemental Reports and Communications #2 (PDF,
5 MB) (October 21, 2003)
30.
Janet Levenson
h. Communications (PDF, 49 KB) (November 4, 2003)
17.
Eco-Pass Program (PDF,
89 KB) (held
over from 10/21/03)
From: Councilmember Worthington
Recommendation: Support inclusion of the
Eco-Pass program into the Regional Transportation Program (RTP). and expansion
of the Eco-Pass to additional employers, including consideration by the City,
the Berkeley Unified School District (BUSD), and regional agencies of whether
to include this in future ballot measures. Refer to the BUSD the possibility of
adding the Eco-Pass into a future ballot measure.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
Action: Moved, seconded, carried
(Hawley/Worthington; Absent – Breland) to approve recommendation as amended by
Councilmember Hawley as follows: “that
Metropolitan Transportation Commission (MTC) support inclusion of Eco-Pass
programs into the RTP (Regional Transportation Plan) and that Councilmembers
Hawley and Worthington work together to craft a letter to the Metropolitan
Transportation Commission (MTC) on behalf of the Council.”
18.
Living Wage Ordinance Wage Rate Increases (Held over from 10/14/03)
a.
From: Commission on Early Childhood Education (PDF, 302 KB)
Recommendation: Adopt a Resolution placing
a moratorium on the implementation of the Living Wage Ordinance wage rate
increases for Fiscal Year 2004 for the non-profit organizations affected, and
create a task force of non-profit organizations and City Councilmembers to
review the consequences of these increases and devise a realistic
implementation schedule.
Contact:
Errol Johnson, Secretary, 981-5417
b. From: City
Manager (PDF, 299 KB)
(to be delivered)
Recommendation: Options to address concerns
raised by the impact of the Living Wage Ordinance on non-profits.
Contact: Stephen Barton,
Housing, 981-5400
Action: Referred
to the City Manager for a report in December related to the impacts of the
Living Wage Ordinance on non-profits.
19.
Duties and Functions of the Waterfront Commission (Held over from
10/21/2003)
a.
From: Waterfront
Commission (PDF, 252
KB)
Recommendation: Adopt first reading on an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.060 (B) to delete
“Aquatic Park” from the duties and functions of the Waterfront Commission.
Contact: Cliff Marchetti,
Secretary, 981-6376
b. From: City
Manager (PDF, 51 KB)
Recommendation: The City Manager concurs with
the content and recommendation of the report.
Contact: Lisa Caronna, Parks
and Waterfront, 981-6700
Action: Moved to the Consent Calendar by
Councilmember Maio and adopted first reading of the Ordinance. Second reading
scheduled for November 18, 2003.
Action
Calendar – New Business
20. Green Business Certification of the Office of Economic Development (PDF, 338 KB)
From: City Manager
Recommendation: Accept Bay Area Green
Business Program (BAGBP) Green Business Certification for the Office of
Economic Development (OED) which green certified its operations in October
2003.
Contact: Tom Myers, Economic Development, 981-7537
Action: Approved recommendation.
21. Investment of City Funds in Youth Services (PDF, 103 KB)
From: Mayor Bates
Recommendation: 1) Adopt priorities for
the investment of City funds in youth services: Prenatal to 5, Coordinated and
Integrated Family Support Services, Before and After School programming,
Mentoring and Tutoring, and Youth Safety; and 2) direct the City Manager to
incorporate these youth services funding priorities into the process for
community funding applications and departmental budget development.
Contact:
Tom Bates, Mayor, 981-7100
Action: Moved,
seconded, carried (Wozniak/Maio; Absent – Breland) to approve recommendation.
22. Berkeley Champions for Kids - Volunteer Employee Release Time Policy (PDF, 1 MB)
From: Mayor Bates
Recommendation: 1) Approve, in principle,
the Berkeley Champions for Kids City of Berkeley Volunteer Employee
Release Time Policy; and 2) direct the City Manager to return to Council for
final approval, an assessment of fiscal impacts, a work plan, and a timeline
for implementation.
Contact: Tom Bates, Mayor,
981-7100
Action: Moved,
seconded, carried (Olds/Maio; Absent – Breland) to approve recommendation.
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Raw Sewage Above Ground at 2210
Ashby (Worthington,
Spring)
Support Telegraph Fair
2.
Esther Galicia
Israeli-Palestinian Mediation
Efforts Event
3.
Daniel Silverberg
Equal
Rights for Transsexuals (Worthington)
4.
Barbara Ann Berwick
1600 Shattuck – Sprint Cell
Phone Tower
5.
Matt Plumb
Request for Retraction and
Correction from Daily Planet
6.
Patrick Kennedy
Ballot Measure – Property Tax
Increase
7.
Nick and Barbara Rosenlicht
Item 8:
Painful Non-Curative Cosmetic Mutilation of Animals
8. Karen
Geiger submitted by D. Sequoia, DVM
Item 9: City Budget and Tax Measures
9. Barbara
Gilbert and Viki Tamaradze, Berkeley Budget Oversight Committee (2)
10. Dean Metzger,
Claremont Elmwood Neighborhood Association (CENA)
11. Elmer R. Grossman
12. Guy Benveniste and
Karen Nelson
13. Martha Baker
14. Michael Alvarez
Cohen
15. StClair Cameron
16. Howard Rosenberg
17. Responses of
Residents to Councilmember Wozniak’s Letter (2)
18. Cypanjun@***.com
19. Malcom D. Zaretsky
and Alice L. Meyers
20. Pam Frantz
21. Mary Kay Stuvland
22. Shirley Mar
23. Diane and David
WeberShapiro
Item 10: Charter Amendment - Runoff Elections
24. Bob Sheppard
Item 11: Charter Amendment - Instant Runoff Voting
25. Supplemental
Report submitted by City Clerk (PDF, 164 KB)
Item 23:Status Report on Escaped Tax Assessments
26. Revision to
Attachment A of Report – Addition of Page 2 (PDF, 192 KB)
Item 11:
Charter Amendment - Instant Runoff Voting
27. Barbara F. Banbaur
Item 14:
Contract: James Kenney Recreation Center Renovation
28. Supplemental City
Manager report (PDF, 990 KB)
Item 16:
Public Safety Building Tower Study
29. Dorothea Grelon
Item 17:
Eco-Pass Program
30. Jesse Arreguin and
Alan Lightfeldt, Associated Students of the University of California
Item 18:
Living Wage Ordinance Wage Rate Increases
31. Eric
Landes-Brenman, Public Employees Union, Local One
