Regular Meeting eSummary
March 9
, 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.

Note: 

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, March 9, 20047:00 P.M.

Preliminary Matters

Roll Call: 7:05 p.m.  All present.

Ceremonial Matters:

1.     Proclamation honoring meritorious service of City of Berkeley Department of Public Works.

2.     Proclamation declaring March 15th to 21st Junior Bach Festival Week

3.     Proclamation declaring March as American Red Cross Month.

City Manager Comments: No comments.

Public Comment:  10 speakers.

Youth Comments: 1 speaker.
 

Consent Calendar

Moved, seconded,carried (Hawley/Worthington) to adopt the Consent Calendar in one motion except as indicated.

1.      Prohibiting Smoking at Bus Stops (PDF, 350 KB) (First reading – 2/24/04 – Unanimous; Second reading – Unanimous)

From: City Manager

Recommendation:  Adopt second 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 Ordinance No. 6793–N.S. (PDF, 100 KB)  Effective April 8, 2004.

2.      Criteria for Joint Use of Off-street Parking Spaces (PDF, 602 KB)  (First reading – 2/24/04 – Noes - Worthington)

From: City Manager

Recommendation:  Adopt second 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

Actions: Removed from the Consent Calendar by Councilmember Spring.

Moved, seconded, failed (Maio/Spring; Noes – Shirek, Hawley, Olds, Wozniak, Bates) a main motion to refer to staff and the Planning Commission an ordinance amendment to clarify that new residential development is excluded.

Moved, seconded, failed (Hawley/Wozniak; Noes – Maio, Spring, Olds, Worthington; Abstain – Breland, Shirek) a substitute motion to adopt second reading of the ordinance.

Moved, seconded, carried (Olds/Hawley) a motion to reconsider the substitute motion.

Moved, seconded, carried a severed motion as follows:

(Maio/Spring; Abstain – Hawley, Worthington) to adopt second reading of Ordinance 6,794-N.S. (PDF, 171 KB)  Ordinance effective April 8, 2004.

(Maio/Spring; Noes – Worthington; Abstain – Breland, Spring) to refer to the Planning Commission a revision to the ordinance by end of June that will exclude new residential development and to also consider the issues of distance and sufficient parking in the retail areas.

3.      Additional Requirements for Appeals from Zoning Adjustments Board (PDF, 651 KB) (First reading – 2/24/04 – Unanimous; Second reading - Unanimous)

From: City Manager

Recommendation: Adopt second 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: Adopted Ordinance No. 6,795–N.S. (PDF, 246 KB)  Effective April 8, 2004.

4.      Minutes for Approval (PDF, 3 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of February 9, 2004 (closed), February 10, 2004 (special and regular), February 17, 2004 (special and regular), and February 24, 2004 (special and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Approved minutes (Abstain – Breland on all special meeting minutes).

5.      Needle Exchange (PDF, 162 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. 62,396–N.S. (PDF, 98 KB)

6.      Revisions to Commissioners’ Manual - New Conduct Provisions and Administrative Updates (PDF, 11 MB)

From: City Manager

Recommendation:  Adopt a Resolution readopting the Commissioners’ Manual to incorporate new provisions for conduct at commission meetings and administrative updates and rescinding Resolution No. 56,698 –N.S.

Contacts: Arrietta Chakos, City Manager, 981-7000 and Sherry M. Kelly, City Clerk, 981-6900

Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to March 23, 2004.

7.      Formal Bid Solicitations and Requests for Proposals (PDF, 502 KB)

From: City Manager

Recommendation:  Approve the attached list of new invitation 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 - $2,226,756.

Contact: Fran David, Finance, 981-7200

Action: Approved recommendation.

8.      Grant: Traffic Safety Through Prevention (PDF, 341 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the California Office of Traffic Safety for funds in the amount of $240,000 in FY 2004 to incorporate traffic safety prevention into the existing peer education program for grades 6 through 12; 2) accept the grant; 3) execute any resultant revenue agreements and amendments; and 3) authorize implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Revenues - $240,000.

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

Action: Adopted Resolution No. 62,397–N.S. (PDF, 118 KB)

9.      Parking Meter Maintenance and Collection Supervisor Classifications (PDF, 278 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,807-N.S., Classification/Salary for SEIU Local 790 Employees to: 1) establish the classification of Parking Meter Maintenance and Collections Supervisor; and 2) abolish the classifications of Parking Meter Maintenance Supervisor and Supervising Parking Meter Mechanic.

Financial Implications: General Fund - $2,400.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,398–N.S. (PDF, 162 KB)

10.  Extend Temporary Appointments (PDF, 606 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of temporary appointments up to six months for employees in the departments of Health and Human Services, City Manager, Animal Services and Public Works.

Financial Implications: Various Funds - $133,223.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,399–N.S. (PDF, 118 KB)

11.  Contract: Plan Checking Services (PDF, 334 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Linhart Petersen Powers Associates (LP2A) for plan checking services to: 1) add condominium conversion inspections to the scope of services; and 2) increase the contract amount by $102, 500 for a total amount not to exceed $222,500 for the period of January 1, 2003 through January 5, 2005.

Financial Implications:  Permit Service Center Fund - $102,500.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,400–N.S. (PDF, 102 KB)

12.  Contract: Engineering Services at Harrison Street Skate Park (PDF, 269 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Geomatrix Consultants, Inc. to increase the scope of services and increase the contract amount by $30,000 for a new total not to exceed $75,100.

Financial Implications:  Parks Tax Fund - $30,000.

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700 and Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,401–N.S. (PDF, 108 KB)

13.  Contract: Roof Replacement, Francis Albrier Community Center and West Campus Swim Center (PDF, 251 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications for roof replacement at Francis Albrier Community Center and West Campus Swim Center; accepting the bid of State Roofing Systems, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $110,000.

Financial Implications: Capital Fund, General Fund, Community Development Block Grant Fund - $110,000.

Contact: Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,402–N.S. (PDF, 101 KB)

14.  Ballot Measure:  Rent Stabilization Ordinance Amendment (PDF, 345 KB) (CF9-03)

From: City Manager

Recommendation:  Provide comments to the City Attorney on the draft title, text and City Attorney’s analysis of a proposed amendment to the Rent Stabilization and Eviction for Good Cause Ordinance (Berkeley Municipal Code section 13.76.110) to allow for automatic base rent ceiling adjustments.  The Council already approved the text of the measure in April 2003 to be placed on the November 2004 ballot, upon the recommendation of the Rent Stabilization Board.

Financial Implications: Rent Board Savings - $15,000 to $20,000 annually.  Cost to place measure on the ballot is approximately $5,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Approved title, text and analysis. 

15.  Process for Determining Changes in Hours of Ohlone Dog Park (PDF, 236 KB)

From:  Councilmember Maio

Recommendation:  Request the Parks and Recreation Commission hold a public hearing regarding new hours for the Ohlone Dog Park, considering as part of the process the proposals made at the meeting of users and neighbors held on January 22, 2004, and determine appropriate changes to the hours.

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

Action: Approved recommendation.

16.  Appointment to Mental Health Commission

a.     From: Mental Health Commission (PDF, 144 KB)

Recommendation:  Adopt a Resolution appointing Alan Maris to the Mental Health Commission, General Public Interest Category – Albany resident, for a three-year term beginning March 10, 2004 and ending March 9, 2007.

Contact: Harvey Tureck, Secretary, 981-5213

b.     From: City Manager (PDF, 58 KB)

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

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

Action: Adopted Resolution No. 62,403– N.S. (PDF, 59 KB)

Action Calendar - Presentation

17.  Presentation by Health Officer on Health Effects of Base Station Antennas (PDF, 228 KB) (To be delivered)

Information Report from City Manager

Contact:  Fred Medrano, Health and Human Services

Action: Presentation made.

Action Calendar – Old Business

18.  Animal Care Budget Recommendations

a.     From: Citizens Humane Commission (PDF, 298 KB) (Revised - March 9, 2004)

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) (Held over from February 24, 2004 by City Manager)

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:  Moved, seconded, carried (Olds/Hawley) to approve City Manager’s recommendation.

Action Calendar – New Business

19.  Ballot Measures: Reauthorization of Expenditures of Voter-Approved Taxes (PDF, 239 KB)

From: City Manager

Recommendation: Provide comments to the City Attorney on the draft title, text and City Attorney’s analysis of a ballot measure for the November 2004 General Municipal Election to reauthorize expenditure of taxes previously approved by the voters (Gann Limit Override) to fund park maintenance, the public library, emergency medical services (EMS) and emergency services for severely physically disabled persons, since reauthorization of such expenditures is required every four years by the California Constitution. 

Financial Implications: This is not a new tax or a tax increase but is a reauthorization of expenditures.  Costs to place measure on the ballot is approximately $5,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved, seconded, carried (Worthington/Maio) to refer language changes to the City Attorney.

20.  Fee Waiver: Youth and Family Block Party (PDF, 75 KB)

From: Councilmember Breland

Recommendation:  Adopt a Resolution waiving permit, sound, food and insurance fees for the Youth and Family Block Party to be held on March 20, 2004 between San Pablo Avenue to the Bay and Dwight Way to University Avenue.

Financial Implications: Lost Revenues - $400.

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

Action: Moved, seconded, carried (Worthington/Maio; Noes - Olds) to adopt Resolution No. 62,404–N.S. (PDF, 67 KB)

21.  Calculating Densities in C-1 and R-3 Zones (PDF, 415 KB)

From:  Councilmember Spring

Recommendation:  Adopt the methodology presented in this report as an option for calculating development densities in C-1 and R-3 zones, which would provide for a 25% density bonus for residential units as required by State law.

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

Action: Moved, seconded, carried (Hawley/Olds) to refer to staff for a report on options for consideration and for the Agenda Committee to schedule a time on the Council’s calendar for a more in-depth discussion.

22.  Support MoveOn.org’s Efforts to Censure President Bush (PDF, 1 MB)

From:  Councilmember Worthington

Recommendation:  Support MoveOn.org’s efforts to censure President George Bush.

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

Action: Moved, seconded, carried (Worthington/Wozniak –Abstain - Spring) to approve recommendation.

23.  Investigation of Impeachable Offenses

a.     From: Peace and Justice Commission (PDF, 370 KB)  |  Attachments (PDF, 2 MB)

Recommendation:  Adopt a Resolution requesting Congresswoman Barbara Lee submit a resolution to the House Judiciary Committee requesting an investigation as to whether impeachable offenses were committed by President George W. Bush and Vice-President Richard B. Cheney.

Contact: Manuel Hector, Secretary, 981-5110

b.     From: City Manager (PDF, 46 KB)

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

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

Action: Moved, seconded, carried (Maio/Wozniak; Abstain - Spring) to postpone to date uncertain.

24.  Fee Waiver: Cal Sailing Club Use Permit Fees

a.     From: Waterfront Commission (PDF, 194 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a Use Permit to the Cal Sailing Club and waiving the fee for the Use Permit.

Contact: Cliff Marchetti, Secretary, 981-6376

b.     From: City Manager (PDF, 620 KB)

Recommendation:  Deny the request from Cal Sailing Club to waive the $4,000 use permit application fee and an unidentified amount in building permit-related fees for construction of a new clubhouse.

Financial Implications: Lost Revenues - $4,000.

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Maio/Hawley; Abstain – Breland) to hold over to March 23, 2004 for additional information from staff.

Information Reports

25.  Investment Report: Quarter Ending December 31, 2003 (PDF, 3 MB)

From: City Manager

Contact: Fran David, Finance, 981-7200

Action: Received and filed.

26.  Response to University Village Master Plan Draft Environmental Impact Report (DEIR) (PDF, 305 KB)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Received and filed.

27.  Information Regarding Development Projects (PDF, 1 MB) (CF 70-03)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

28.  Landmarks Preservation Commission Notice of Decision and Resolution: Approval of Demolition - 3075 Telegraph Avenue (PDF, 853 KB)

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

29.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit – 2300 Shattuck Avenue (PDF, 954 KB)

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

30.  Landmarks Preservation Commission Notice of Decision: Landmark Designation - 45 Oak Ridge Road (PDF, 8 MB)

Contact: Dan Marks, Planning, 981-7400

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.

1600 Shattuck, Sprint PCS Antennas

1.     Shahram Shahruz

2.     Constance Sutton

3.     Frances Strassman

Workmans’ Compensation Issues

4.     John Ringewald

Reckless Driving City Garbage Truck

5.     Anne Marselis Whyte

Permitting Task Force (Breland)

6.     Frances Strassman

FY 2005 Budget Item

7.     Sharon Hudson

Telegraph Avenue Bus Rapid Transit

8.     John Caner

Reduction of Public Works Workforce (Breland)

9.     Rick Chan, I.B.E.W. Local 1245

Cost of Doing Business in Berkeley

10.  Barbara Gilbert

First-Time Homebuyers

11.  Rhiannon (2)

2526 Durant Mixed-Use Development Project

12.  Allen Freeman, Livable Berkeley

Water from the Underground Garage at Saint John’s Presbyterian Church, 2727 College Avenue

13.  Anne Marselis

Clogged Drains on College Avenue

14.  Anne Marselis

Oppose Constitutional Amendment

15.  Tom Kelly

Ohlone Dog Park

16.  Mark Harpainter

17.  Claire Schoen

2880 Sacramento Street - Cannabis Club (Breland)

18.  Sam Herbert (2)

19.  Monica Bosson

Fire Grant Applications (Breland, Spring)

20.  Tom Kelly

$3.6M from Vista for Traffic Mitigation

21.  Barbara Gilbert

Calculating Densities in C-1 and R-3 Zones

22.  Kris Eggen

23.  Jeff Stein

Investigation of Impeachable Offenses

24.  Marjorie Athwal, National Coalition to Impeach Bush/Cheney


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

Item 2: Criteria for Joint Use of Off-street Parking Spaces

25.  Bart Selden

Item 15: Process for Determining Changes in Hours of Ohlone Dog Park

26.  Stephen Most

Item 19: Ballot Measures: Reauthorization of Expenditures of Voter-Approved Taxes

27.  Barbara Gilbert

Item 21: Calculating Densities in C-1 and R-3 Zones

28.  Revised report, submitted by Councilmember Spring (PDF, 339 KB)

29.  Sharon Hudson

30.  Marie Bowman

31.  M. D’Arcy Richardson

32.  Wendy Alfsen, McKinley Addison Allston Grant Neighborhood Association (3)

33.  Gale Garcia

34.  Connie Hwang

35.  Stephen Wollmer

36.  Carolyn Sell

37.  Alice Jorgensen

38.  Barbara Gilbert

39.  Irene Rice

40.  Sasha Futran

Item 23: Investigation of Impeachable Offenses

41.  Alan Barnett

42.  Camilla Schneider

43.  Victoria Ashley

44.  Leslie Bonett

45.  Jane Eiseley

46.  Sherry Conable

47.  Jean Bernardi

Item 24: Fee Waiver: Cal Sailing Club Use Permit Fees

48.  Sam Schumsky, Cal Sailing Club

Item 27: Information Regarding Development Projects

49.  Barbara Gilbert

 

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

Item 21: Calculating Densities in C-1 and R-3 Zones

50.  Presentation materials, submitted by Dona Spring (PDF, 988 KB)

51.  Stephen Wolmer

Item 23: Investigation of Impeachable Offenses

52.  Attachments to Report, submitted by Peace and Justice Commission (PDF, 2 MB)

53.  Gray Brechin

  

Adjournment

Adjourned at 10:55 p.m.