Regular Meeting eSummary
March 23
, 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: 

  • 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

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, March 23, 20047:00 P.M.
 

Preliminary Matters

Roll Call: 7:08 p.m. All present.

Ceremonial Matters: 

1.      Proclamation declaring March 31, 2004 as Cesar Chavez Service to the Community Day.

2.       Proclamation recognizing Tiana Miller-Leonard, Nicola Michael-Tsai, and Morgan Paar, as Berkeley’s Ambassadors for Peace.

Action:  Proclamations received.

City Manager Comments: 

On Saturday, April 3, 2004, the Berkeley Fire Department launches its Third Youth Academy introducing youth, ages 13 to 15, to a career in fire service. Twenty-one applicants have applied for this year’s program through which they will get hands-on experience in the Fire Department and in Fire stations going up through Tilden Park.  The program runs a little over two months, with graduation on June 12th.

Also, for those people who haven’t had a chance to see our mural here by Romare Bearden, it is on exhibit at the San Francisco Museum of Modern Art.

Public Comment:  11 speakers.


Consent Calendar

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

1.      Removal of Coastal Live Oak Tree at 3000 Shasta Road (PDF, 142 KB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Ordinance 6,321–N.S. to allow for the removal of one coastal live oak tree at 3000 Shasta Road.

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Adopted Ordinance No. 6,796–N.S. (PDF, 127 KB) Effective  April 22, 2004.

2.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of March 9, 2004 (special and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Approved minutes.

3.      Needle Exchange (PDF, 164 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. 62,410–N.S. (PDF, 99 KB)

4.      Formal Bid Solicitations and Requests for Proposals (PDF, 338 KB)

From: City Manager

Recommendation:  Approve the attached list of new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, 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 - $1,505,096.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

5.      Contract: Legal Services (PDF, 267 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to make payments to Hanson Bridgett Marcus Vlahos Rudy LLP (Hanson Bridgett) in an amount not to exceed $20,000 for legal services pertaining to federal and state tax issues for the period of October 1, 2003 through June 30, 2004.

Financial Implications: General Fund - $20,000

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,411-N.S. (PDF, 87 KB)

6.      Thousand Oaks Heights Applicant Financed Utility Underground District No. 1 (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution declaring intention to prepare Assessment Engineer’s Report, receive bids; mail assessment ballots to parcel owners; and hold a public hearing on July 20th for purposes of establishing the Thousand Oaks Heights Applicant Financed Utility Underground District No. 1 (TOH AFUUD No. 1)

Financial Implications: Design expenditures of $186,464 paid for from TOH AFUUD No. 1 Fund.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,412-N.S. (PDF, 563 KB)

7.      Agreement: Gilman Street Sports Field JPA CEQA Review and Project Development (PDF, 559 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) execute an agreement with the City of Albany to advance the costs to perform the CEQA environmental review and preliminary project design for the Gilman Street Sports Fields; and 2) amend the FY 2004 parks budget to add $100,000 that will be advanced by the City of Albany.

Financial Implications: Parks Tax Fund - $50,000.

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

Action: Adopted Resolution No. 62,413-N.S. (PDF, 397 KB)

8.      Contract: Aquatic Park Natural Resources Management Study (PDF, 266 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Laurel Marcus and Associates (LMA) to increase the scope of services and increase the contract amount by $27,700 for a total not to exceed $97,700 and to extend the period of the contract from September 9, 2004 to September 8, 2005.

Financial Implications: General Fund - $27,700.

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

Action: Adopted Resolution No. 62,414-N.S. (PDF, 92 KB)

9.      Contract: Storage Lockers for Homeless Individuals (PDF, 324 KB) (CF 64-03)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Building Opportunities for Self-Sufficiency (BOSS) for the purchase, installation and management of storage lockers at the Multi-Agency Service Center located in the Veterans’ Memorial Building for individuals experiencing homelessness for the period April 1, 2004 to June 30, 2005 in an amount not to exceed $45,000.

Financial Implications: General Fund - $45,000.

Contact: Fred Medrano, Department of Health & Human Services, 981-5100

Action: Adopted Resolution No. 62,415-N.S. (PDF, 92 KB)

10.  Contract: Construction of Sankofa House (PDF, 647 KB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution transferring $235,000 of allocated Housing Trust Funds, previously approved for the construction of the Building Opportunities for Self-Sufficiency’s (BOSS) Picante House, to the construction of the BOSS Sankofa House at the City-owned Harrison Street site and to allocate $103,000 in FY 2004 Housing Trust Funds for the Sankofa House project.

Financial Implications:  Housing Trust Fund - $235,000.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,416-N.S. (PDF, 94 KB)

11.  Contract:  Berkeley Alliance (PDF, 434 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Berkeley Alliance to add $70, 000 for a total not to exceed $150,000 in order to launch the volunteer coordination effort of Berkeley Champions for Kids.

Financial Implications:  General Fund - $70,000.

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Adopted Resolution No. 62,417-N.S. (PDF, 83 KB)

12.  Proclamation: Holocaust Remembrance Day (PDF, 69 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation supporting April 18th as Holocaust Remembrance Day.

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

Action: Approved proclamation.

13.  Support the Voter Confidence and Increased Accessibility Act (S1980 and HR2239) (PDF, 1 MB)

From: Councilmember Worthington

Recommendation:  Support the Voter Confidence and Increased Accessibility Act (S1980 and HR2239) requiring all voting machines to have a paper record so voters can check the accuracy of their votes. Also, that the City send letters to our U.S. congressional representatives and senators urging for their support.

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

Action: Approved recommendation amended to urge that a substantially higher number of precincts be included in any procedural checks.

14.  Proclamation: Outstanding Women in Berkeley

a.      From: Commission on the Status of Women (PDF, 208 KB)

Recommendation:  Approve a proclamation honoring the efforts of Berkeley women who have made outstanding contributions to our community.

Contact: Tasha Tervalon, Secretary, 981-5347

b.      From: City Manager (PDF, 48 KB)

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

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

Action: Approved proclamation.

Action Calendar – Old Business

15.  Revisions to Commissioners’ Manual - New Conduct Provisions and Administrative Updates (PDF, 11 MB)  (Removed by Councilmember Worthington from 3/09/04)

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: Moved, seconded, carried (Worthington/Wozniak; Abstain - Shirek) to adopt Resolution No. 62,418-N.S. (PDF, 534 KB) as revised.

16.  Fee Waiver: Cal Sailing Club Use Permit Fees  (Held over from 3/09/04)

a.      From: Waterfront Commission (PDF, 164 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, 84 KB) (Report 3/23/04)

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) to approve the City Manager’s recommendation to deny the fee waiver.

Action Calendar – Budget

17.  FY 2005 and FY 2006 Budget Balancing Options (to be delivered)

a.      From:  City Manager (PDF, 6 MB)

Recommendation: Give direction to the City Manager regarding FY 2005 and FY 2006 budget balancing options including revenue increases, expenditure reductions, and possible ballot measures.  (see City Manager Reports of 1/27/04, 2/10/04, 2/17/04, 2/24/04, 3/9/04 and 3/16/04)

Contact:  Phil Kamlarz, City Manager, 981-7000

b.      From:  Mayor Bates and Councilmembers Hawley, Maio and Worthington (PDF, 164 KB)

Recommendation:  Direct the City Manager to examine options for a new revenue measure that restore and expand critical youth services and youth safety programs.

Contact:  Tom Bates, Mayor, 981-7100

Actions: Moved, seconded, carried (Maio/Spring) to approve the City Manager’s recommendations for broad policies as stated in the report (1-8) amended to also add another policy statement to read: “to minimize cuts to community groups”.

Moved, seconded, carried (Maio/Spring; Noes - Worthington) to approve the City Manager’s recommendations for specific policies as stated in the report (10, 12, 13).

Moved, seconded, carried (Wozniak/Hawley; Noes – Worthington) to approve the City Manager’s recommendations for specific policies as stated in the report (9 and 11) amended to read “(9)  as a starting point, to accept the City Manager’s proposed program expenditure reductions..etc.” and “(11) implement a target of up to 10% reduction..etc.”

Moved, seconded, carried (Olds/Maio) to approve the City Manager’s recommendations to set public hearings to consider increasing revenues through fee increases as stated in the report (14-17).

Moved, seconded, carried (Maio/Spring; Noes – Olds; Abstain - Wozniak) to direct staff to prepare draft ballot measure language and reports for Council consideration of placement on the November ballot for the following:  increased paramedic tax, increased library tax, a clean storm water tax, and a tax to provide for youth services and youth safety programs.  Directed staff to also look at the feasibility of placing a measure on the ballot that would fund several infrastructure needs. 

Moved, seconded, carried (Maio/Hawley) to direct the City Manager to refer his report on commission activities and possible reductions in number of meetings and consolidation to the commission chairs for feedback and recommendations by June 1st.

18.  Special Events:  Clarification of Permit Process and Policy and Fee Waivers (PDF, 2 MB)

From:  City Manager

Recommendation: Adopt a Resolution: 1) clarifying the permitting process and fee waiver process for special events when City support is requested; and 2) adopt a budget allocation for event related cash grants and costs not to exceed $125,000 for FY 2005.

Financial Implications: Various Funds - $125,000.

Contact: Grace Maguire, City Manager, 981-7000, Fred Medrano, Health and Human Services, 981-5100

Action: Moved, seconded, carried (Wozniak/Olds; Noes – Maio, Spring, Worthington, Bates) to adopt Resolution No. 62,419-N.S. (PDF, 189 KB) as revised.

Action Calendar – New Business

19.  Study of Parking Utilization and Morning Fee Options for Center Street and Sather Gate Garages (PDF, 408 KB) (CF 68-03)

From: City Manager

Recommendation:  Give direction to staff regarding garage policy and fee structure regarding a flat-rate fee of $1.50 for two-hour period between the hours of 7 a.m. and 11 a.m. and set a public hearing for April 20, 2004 regarding the fee.

Financial Implications:  Revenue neutral.

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved, seconded, carried (Maio/Hawley) to approve setting the matter for a public hearing on April 20th including extending the hours to 2:00 p.m. on Saturdays and to refer to the Transportation Commission for their comments prior to the public hearing.

20.  Charter Amendment Enabling Mayoral Elections to Coincide with the Presidential Election (PDF, 81 KB)

From: Councilmember Worthington

Recommendation:  Prepare to place on the November 2004 ballot a charter amendment to move Mayoral elections earlier by 2 years to coincide with the United States Presidential election, and to make a one time only change to a two-year term from 2006-2008.

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

Action: Moved, seconded, carried (Worthington/Maio; Noes – Shirek, Olds, Wozniak; Abstain - Hawley) to direct the City Attorney to prepare a ballot measure for Council consideration.

21.  Food Service Quota for Northside Commercial District (PDF, 282 KB) (CF 24-03) (Moved to Action Calendar by Agenda Committee)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Worthington/Hawley; Abstain - Olds) to refer to the Planning Commission to look at the food quota systems in specific areas and to consider establishing a similar quota system for the Euclid Avenue commercial district.

22.  Satellite Senior Homes’ Project (PDF, 848 KB)

From: Councilmembers Maio and Worthington

Recommendation:  Direct staff to exclude this project from previous Council direction on the University Avenue Strategic Plan and a potential moratorium, facilitate finalizing Satellite Housing’s use permit application for 79 units of affordable senior housing at 1535 University Avenue by April, 2004 and not wait for zoning changes initiated by the University Avenue Strategic Plan.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Kriss Worthington, Councilmember District 7, 981-7170

Action: Moved, seconded, carried (Worthington/Maio; Noes – Olds; Abtain - Wozniak) to approve recommendation.

23.  Amendments to Council Rules of Procedure

a.      From:  Council Agenda Committee (PDF, 4 MB)

Recommendation:  Adopt a Resolution readopting Council Rules of Procedure incorporating recommendations approved by the Agenda Committee and rescinding Resolution No. 61,968-N.S.

Contact:  Mim Hawley, Councilmember District 5, 981-7150, Linda Maio, Councilmember District 1, 981-7100 and Tom Bates, Mayor, 981-7100

b.      From:  Councilmember Spring (PDF, 92 KB)

Recommendation:  Consider recommendations for changes to Council Rules of Procedure as noted in the report.

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

Action: Moved, seconded, carried (Maio/Wozniak; Absent -Olds) to adopt Resolution No. 62,420-N.S. (PDF, 1 MB) readopting Council Rules of Procedure and rescinding Resolution No. 61,968-N.S.
 

Time Critical

24.            Appeal of Use Permit – 2020 Kittredge Street (Library Gardens) (to be delivered)

a.      From: City Manager (PDF, 7 MB)

  • Attachments:

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board to certify the Final Subsequent Environmental Impact Report (FSEIR) and approve modification of Use Permit 01-10000062 to remove one floor of subterranean parking thereby reducing the number of parking spaces from 455 to 240.

Contact:  Dan Marks, Planning and Development, 981-7400

b.      Appeal (PDF, 320 KB)

1.      Steve Geller

Action: Moved, seconded, carried (Hawley/Breland; Abstain - Spring) to adopt Resolution No. 62,421- N.S. (PDF, 4 MB) affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

Information Reports

25.  Update on Implementation of Customer Service Cash Receipts/Cash Handling Audit Recommendations (PDF, 747 KB) (CF 12-03) (to be delivered)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

26.  Update on Implementation of Finance-Treasury Cash Receipts/Cash Handling Audit Recommendations (PDF, 706 KB) (CF 55-03)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

27.  Bed and Breakfast Zoning Ordinance Amendment (PDF, 94 KB) (CF 48-03)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

28.  Landmarks Preservation Commission Notice of Decision: 2526 Durant Avenue - Determination Re: Adequacy of EIR and Non-approval of Demolition (PDF, 793 KB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

29.  Ocean View Gardens Apartments Follow Up Report (PDF, 1 MB) (CF 04-04)

From: City Manager

Contact: Dan Marks, Planning, 981-7400 and Stephen Barton, Housing, 981-5400

Action: Received and filed.

30.  Implementation Status of Transfer Station Cash Receipts/Cash Handling Audit Recommendations (PDF, 935 KB) (CF 35-03)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

31.  Work Plan for 2004 (PDF, 108 KB)

From: Waterfront Commission

Contact: Cliff Marchetti, Secretary, 644-6376 Ext 224

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.

Decorum and Proceedings at Council Meetings

1.      Barbara Gilbert

Censure and Impeachment

2.      Alan Barnett, National Coalition to Impeach Bush & Cheney

3.      Joanna Graham

Density Calculations

4.      Barbara Gilbert

5.      Andrea Banduhn

Most Active Neighborhood Associations

6.      Vivek Hutheesing

Institutional Encroachment

7.      Barbara Gilbert

Public Safety Linkage Fees (Spring)

8.      Barbara Gilbert

Creek Ordinance

9.      John and Kay Lyman

10.  Ron Sires

Campaign Reform and Taxes

11.  Sharon Hudson

Speeding Traffic

12.  Anne Whyte
 

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

Item 7: Agreement: Gilman Street Sports Field JPA CEQA Review and Project Development

13.  Revised Attachment to Report, submitted by Parks, Recreation & Waterfront Department (PDF, 373 KB)


Item 22: Satellite Senior Homes’ Project

14.  Douglas Riley, Salvation Army

15.  Cheryl Greene and Dorothy Farmare, submitted by Wendy Alfsen

Item 23: Amendments to Council Rules of Procedure

16.  Frank Snapp and Gene Bernardi, NCIBC

Item 24a: Appeal of Use Permit – 2020 Kittredge Street (Library Gardens)

17.  Index to Administrative Attachments, submitted by Planning Department (PDF, 224 KB)

Item 29: Ocean View Gardens Apartments Follow Up Report

18.  Lee Novak, AF Evans Development

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

Item 18: Special Events:  Clarification of Permit Process and Policy and Fee Waivers

19.  Revised Resolution and Attachments, submitted by City Manager department (PDF, 1 MB)

Item 19: Study of Parking Utilization and Morning Fee Options for Center Street and Sather Gate Garages

20.  Penny Leff

Item 24a: Appeal of Use Permit – 2020 Kittredge Street (Library Gardens)

21.  Sennet Williams

Communication: Draft EIR University Village & Albany/Northwest Berkeley Properties Master Plan Amendments

22.  Alden Bryant & Associates
 

Adjournment

Adjourned at 11:00 p.m.