Regular Meeting eSummary
February 24
, 2004

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, February 24, 20047:00 P.m.

Preliminary Matters

Roll Call: 7:00 p.m. All present.

Ceremonial Matters:

Mr. Barton, Housing Director presented a check from the state of California for $1 million to the Housing Trust Fund.

City Manager Comments:

On Tuesday, March 2nd, those wishing to vote may do so at his or her polling place between the hours of 7:00 a.m. and 8:00 p.m.  Alameda County registered voters can drop their Absentee Ballots off at the City Clerk Department any time between now and election day.

Public Comment:  11 speakers.


Consent Calendar

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

1.      Reducing the Number of Waterfront Commission Meetings (PDF, 225 KB)  (First reading 2/17/04- Absent – Breland; Second reading - Unanimous)

From: Waterfront Commission

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.050 to eliminate the requirement that the Commission hold one meeting per month.

Financial Implications: Undetermined savings in staff time.

Contact: Cliff Marchetti, Secretary, 981-6376

Action:  Adopted Ordinance No. 6,791 –N.S. (PDF, 82 KB) Effective March 25, 2004.

2.      Amendment to FY 2004 Annual Appropriation Ordinance (PDF, 2 MB) (First reading 2/17/04 – Abstain – Spring, Absent – Breland; Second reading – Abstain - Spring)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending the FY2004 Annual Appropriation Ordinance No.6752-N.S. for FY2004 based upon recommended reappropriation of unexpected FY2003 funding and other adjustments since July 1, 2003 in the amount of $20,420,394.

Financial Implications:  All funds - $20,420,394.

Contact:  Tracy Vesely, Budget, 981-7000

Action:  Adopted Ordinance No. 6,792 –N.S. (PDF, 608 KB) Effective March 25, 2004.

3.      Needle Exchange (PDF, 166 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.

Financial Implications: None.

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Adopted Resolution No. 62,388 – N.S. (PDF, 100 KB)

4.      Prohibiting Smoking at Bus Stops (PDF, 350 KB) (CF 59-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, Smoking Pollution Control, by adding Section 12.70.030.V and amending Section 12.70.060.A relating to a ban on smoking within 20 feet of bus stops.

Financial Implications: Health and Human Services - $1000; Public Works ADA Capital Improvements - $1000; Office of Transportation - $1200.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Fred Medrano, Health and Human Services, 981-5100

Action: Adopted first reading of Ordinance. Second reading scheduled for March 9, 2004.

5.      Advisory Board for the Solano Avenue Business Improvement District (PDF, 239 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing the Advisory Board for the Solano Avenue Business Improvement District (BID).

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,389 – N.S. (PDF, 91 KB)

6.      Contract and Fund: Solano Avenue Business Improvement District (PDF, 382 KB)

From: City Manager

Recommendation:  Adopt two Resolutions: 1) establishing Fund 474 as the Solano Avenue Business Improvement District (BID) Fund for the purpose of collecting and accounting for BID assessment revenues; and 2) authorizing the City Manager to execute a sole source contract and any amendments with the Solano Avenue Association for up to $41,340 for services in the Solano Avenue Business Improvement District for calendar year 2004.

Financial Implications:  Solano Avenue BID Assessment Funds - $41,340.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,390 – N.S. (PDF, 164 KB) and Resolution No. 62,391 – N.S. (PDF, 56 KB)

7.      Contract: Public Art Poetry Panels Book Publication (PDF, 409 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute contract and any amendments with Heyday Books in Berkeley to publish a book of poetry that documents the Public Art Poetry Panels in the Downtown Arts District for the period March 1, 2004 through December 31, 2004 in an amount not to exceed $35,000.

Financial Implications:  Measure S Public Art Funds - $7,000; Donated Funds - $28,000.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,392 – N.S. (PDF, 249 KB)

8.      Formal Bid Solicitations and Request for Proposals (PDF, 515 KB)

Recommendation:  Approve invitation for bids and request for proposals (RFP) that:
1) will be, or are planned to be, issued; 2) have been issued and received due to extenuating circumstances; or 3) that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds - $1,206,277.

Contact: Fran David, Finance, 981-7200

Action: Approved recommendation.

9.      Supplemental Retirement Plan and Trust Agreement for Sworn Police Employees to Provide Retiree Medical Benefit Payments (PDF, 2 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement the Police Supplemental Retirement Plan and Trust Agreement for sworn police employees to pay former employees who have retired since January 1, 1989 for retiree medical coverage as provided in the Memorandum of Understanding (MOU) between the City and the Berkeley Police Association.

Financial Implications: None.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,393 – N.S. (PDF, 165 KB)

10.  Contract: 1947 Center Street Elevator Modernization (PDF, 229 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for 1947 Center Street elevator modernization; accepting the bid of KONE Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $369,490.

Financial Implications: Building Purchases and Management Fund - $369,490.

Contact: Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,394 – N.S. (PDF, 110 KB)

11.  Permits for Part-time Teachers in Residential Areas (PDF, 138 KB)

From: Councilmember Hawley

Recommendation:  Refer to the Planning Commission a review of the zoning requirements for home-based businesses in residential areas, and return to Council with: 1) criteria for certain part-time teaching-related businesses; and 2) a recommendation to revise the Zoning law to allow them to operate with an Administrative Use Permit if all specified criteria are met.

Contact: Mim Hawley, Councilmember District 5, 981-7150

Action: Approved recommendation.

12.  Minimum Wage Proposal (PDF, 745 KB)

From: Councilmember Worthington

Recommendation:  Refer the Association of Community Organizations for Reform Now’s (ACORN) minimum wage proposal to the Commission on Labor.

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

Action: Approved recommendation with amendment by Councilmember Wozniak to also include an economic analysis of the impacts of the proposal on programs such as child care, non-profits and those funded by the City.

13.  Proclamation Honoring Fred Lupke (PDF, 74 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation in honor of Fred Lupke for his countless volunteer hours working on projects including libraries, parks, and pools.

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

Action: Approved proclamation.

14.  Tibetan Flag Raising (PDF, 94 KB)

From: Councilmember Worthington

Recommendation:  Allow the Tibetan flag to be raised on the city flag pole on March 10, 2004 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

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

Action: Approved recommendation.

15.  Fee Waiver: Exchange Berth Fees at Berkeley Marina for Community Services

a.      From: Waterfront Commission (PDF, 2 MB)

Recommendation:  Adopt a Resolution approving the application for nonprofit in-lieu-of fee status and waiving berth fees at the Berkeley Marina for the Cordell Expeditions Project vessel Cordell Explorer.

Financial Implications: Revenues Lost - $7,010.

Contact: Cliff Marchetti, Secretary, 981-6376

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

Recommendation:  The City Manager concurs with the recommendation of the Commission.

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

Action: Adopted Resolution No. 62,395 – N.S. (PDF, 81 KB)

Action Calendar – New Business

16.  Criteria for Joint Use of Off-street Parking Spaces (PDF, 602 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23D.12.060 and 23E.28.060, concerning criteria for joint use of off-street parking spaces, to allow any use to meet its off-street parking requirements through a Joint Use Parking Agreement, providing that all other parking related criteria are met.

Financial Implications:  None.

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Hawley/Maio; Noes-Worthington) to adopt first reading of Ordinance. Second reading scheduled for March 9, 2004.

17.  Additional Requirements for Appeals from Zoning Adjustments Board (PDF, 651 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23B.32.050 and 23B.32.060 to adopt special procedures for certain appeals from decisions of the Zoning Adjustments Board.

Financial Implications: Undetermined savings.

Contact: Dan Marks, Planning, 981-7400

Action: Moved to the Consent Calendar by Councilmember Maio to adopt first reading of Ordinance. Second reading scheduled for March 9, 2004.

18.  Animal Care Budget Recommendations

a.      From: Citizens Humane Commission (PDF, 277 KB)

Recommendation:  1) Separate community group allocations from the animal shelter operations budget and cut these allocations only by the percentage that other city funded community group allocations be cut; 2) retain positions in the animal shelter budget essential to maintaining high standards of animal care; and 3) balance operation costs and eliminate the need for cuts at the targeted level through a dedicated stream of revenue.

Financial Implications: See report.

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

b.      From: City Manager (PDF, 145 KB)

Recommendation:  The City Manager does not concur with the commission’s recommendation to set aside monies from the budget into a special fund that can only be used on contracts and projects deemed necessary by the Humane Commission.  The commission’s recommendations should be referred to the FY 2004-FY 2005 budget development process so that Council can review and evaluate the recommendation in relation to all other citywide budget recommendations. Monies for the Humane Commission should not come from the existing BACS budget.

Contact: Jim Hynes, City Manager, 981-2493

Action: Held over by the City Manager.

Information Reports

19.  Traffic Circles: Costs and Implementation (PDF, 239 KB) (to be delivered)

From:  City Manager

Contact:  Peter Hillier, Transportation, 981-7010 and Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

20.  Implementation of Information Systems General Controls Audit Recommendations (PDF, 373 KB) (CF 51-03)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

Action: Received and filed.

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.

White Zone Parking at the Central Library

1.      Siddika Angle (Maio, Spring)

Hazardous Conditions for Pedestrians and Crossings Guards – College Avenue & Garber Street

2.      Anne Marselis Whyte (Worthington)

Precautionary Principle

3.      Danielle Ziolkowski

Nanotechnology Research Facility

4.      Cynthia Johnson, Berkeley Fellowship of Unitarian Universalists (Spring)


Adjournment


Adjourned in memory of Miguel Caicedo at 7:45 p.m.