Regular Meeting eSummary
April 27
, 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, April 27, 2004

 

Preliminary Matters

Roll Call: 7:25 p.m. All present.

Ceremonial Matters:

1.      Proclaiming the Month of May 2004 as Bicycle Month – Bicycle Friendly Berkeley Coalition.

2.      Recognition of Smart Lights and California Youth Energy Services (CYES) programs.

Action:  Proclamations presented.

City Manager Comments:  Berkeley Police Department website (www.BerkeleyPD.org) will be updated every 3 days providing citizens with timely information on recent incidents and arrests.

Mayor’s Comments:  The Mayor and City Manager attended the funeral of Bill Wigmore, Berkeley firefighter who will be missed by friends and supporters.

Public Comment: 14 speakers.
 

Consent Calendar

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

1.      Fee Waiver: Seismic Strengthening (PDF, 429 KB) (First Reading – April 20, 2004 – Noes – Breland; Second Reading – April 27, 2004 – Noes - Breland)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code Chapter19.66 (Waiver of Seismic Retrofitting Fees) to discontinue the waiver of building permit fees for seismic retrofit of residential buildings.

Financial Implications: Permit Service Center Fund Revenue – $300,000 a year.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Ordinance No. 6,797 – N.S. (PDF, 129 KB) Effective May 27, 2004.

2.      Confirming the Results of the March 2, 2004 Special Municipal Election (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt a Resolution confirming the results of the March 2, 2004 Special Municipal Election and declaring the passage of Measure H – Charter Amendment – Changing the Date of the Runoff Election and Lowering the Percent Required to be Elected to 40%; Measure I – Charter Amendment – Authorizing Council to adopt Instant Runoff Voting; and Measure J – Charter Amendment – Establishing a Candidate Filing Fee of $150 and Requiring Candidates for Council Districts to be Nominated by Voters Registered in the District.

Financial Implications: None.

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Adopted Resolution No. 62,445 –N.S. (PDF, 124 KB)

3.      Settlement Agreement:  Y. Narcisse v. City of Berkeley (PDF, 85 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2002 052247 entitled Y. Narcisse v. City of Berkeley in the amount of $45,000.

Financial Implications: Public Liability Fund – $45,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,446 –N.S. (PDF, 69 KB)

4.      Formal Bid Solicitations and Request for Proposals (PDF, 233 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, 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 – $881,035.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

5.      Grant and Contract: Low Income Program Revenues (PDF, 237 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City Manager to execute a contract with the State Department of Community Services and Development for a U.S. Department of Energy Weatherization Assistance Program, in the amount of $23,728 for period April 1, 2004 through January 31, 2005, to provide weatherization assistance for eligible resident of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: Grant – $23,728.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,447 –N.S. (PDF, 144 KB)

6.      Green Neighbors Partnership Program Cooperative (PDF, 229 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing membership to the Green Neighbors/East Bay partnership program cooperative to further market existing and new energy and resource conservation programs to businesses and residents.

Financial Implications: Energy Program – $1,000.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,448 –N.S. (PDF, 93 KB)

7.      Contract: Reduction of Hazardous Vegetation on Pathways and Parks (PDF, 235 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the California Conservation Corps (CCC) for reduction of hazardous vegetation on pathways and parks in an amount not to exceed $420,000 for the period June 1, 2004 and ending June 30, 2009.

Financial Implications: Parks Tax Fund – $420,000.

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

Action: Adopted Resolution No. 62,449 –N.S. (PDF, 71 KB)

8.      Lease: Retail Phone and Auto Parts Store - 2431 Channing Way (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Goson Li for the purpose of operating a retail phone and auto parts store located at 2431 Channing Way (Sather Gate Shops).

Financial Implications: Revenues from 2004-2012 – $151,668.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted first reading of Ordinance. Second reading scheduled for May 4, 2004.

9.      Repeal Tax Breaks for the Wealthy (PDF, 221 KB)

From: Councilmembers Maio, Breland and Worthington

Recommendation:  Adopt a Resolution calling upon the United States Congress to vote to repeal the 2003 tax breaks that benefit only upper income taxpayers, to redirect a portion of the restored funds to the states to alleviate budget cuts, and to vote against any future tax breaks for wealthy Americans and/or large corporations.

Contact: Linda Maio, Councilmember District 1, 981-7110, Margaret Breland, Councilmember District 2, 981-7120, and Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 62,450 –N.S. (PDF, 147 KB)

10.  Support Tibetan Youth Congress' Hunger Strike (PDF, 98 KB)

From: Councilmember Worthington

Recommendation:  Support Tibetan Youth Congress’ Indefinite Hunger Strike urging the United Nations Secretary General and High Commissioner for Human Rights to meet with the hunger strikers and address their demands.  Also, send a letter to the United Nations Secretary General and United Nations High Commissioner for Human Rights expressing our solidarity and support for the Tibetan movement and the hunger strikers.

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

Action: Approved recommendation.

11.  Infant Child Care for Teen Parents at the Vera Casey Center (to be delivered)

a.      From: Commission on Early Childhood Education (PDF, 558 KB)

Recommendation:  Send a letter to the Berkeley School Superintendent and members of the Board of Education urging the School District to retain the Cal-SAFE grant that provides the infant child care and supportive services for teen parents at the Vera Casey Center.

Financial Implications: None.

Contact: Kimberley Willis-Starbuck, Secretary, 981-5428

b.      From: City Manager (PDF, 56 KB)

Recommendation:  The City Manager takes no position.

Contact: Stephen Barton, Housing, 981-5400

Action: Approved recommendation.

12.  Alameda County Measure A Funds Earmarked for Detox Services

a.      From: Homeless Commission (PDF, 257 KB)

Recommendation:  Adopt a Resolution urging the Alameda County Board of Supervisors to earmark a portion of Measure A funds to establish a detox facility in northern Alameda County.

Financial Implications: None.

Contact: Jane Micallef, Secretary, 981-5426

b.      From: City Manager (PDF, 55 KB)

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

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,451 - N.S. (PDF, 54 KB)

13.  Berkeley Pedestrian Charter

a.      From: Transportation Commission (PDF, 433 KB)

Recommendation:  Adopt a Resolution adopting the Berkeley Pedestrian Charter that establishes principles to guide the creation of an urban environment and infrastructure that encourages and supports walking in all parts of the City, as proposed by the Transportation Commission.

Financial Implications: Unknown.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager (PDF, 62 KB)

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

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,452 –N.S. (PDF, 159 KB)

14.  Grant: Santa Fe Right of Way Multipurpose Bike Path and Pedestrian Crossing

a.      From: City Manager (PDF, 761 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a funding agreement between the State of California Department of Transportation (Caltrans) and the City to accept a grant of $177,060 for Preliminary Engineering for the construction of the Santa Fe Right of Way Multipurpose Bike Path and Pedestrian Crossing between University Avenue and Delaware Street.

Financial Implications: Grant – $177,060.

Contact: Rene Cardinaux, Public Works, 981-6300

b.      From: Transportation Commission (PDF, 806 KB)

Recommendation:  Support the staff recommendations in constructing the West Street bicycle and pedestrian pathway from Delaware Street to University Avenue.

Contact: Peter Hillier, Secretary, 981-7010

Action: Adopted Resolution No. 62,453 –N.S. (PDF, 108 KB)

Action Calendar – Appeals

15.  1911 Martin Luther King, Jr. Way

a.      From: City Manager (PDF, 1 MB)

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) approving an Administrative Use Permit (AUP) under Section 23C.08.030.B of the Zoning Ordinance to reduce the number of dwelling units of an existing five-unit building (originally constructed as a duplex) to four, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Anna-Lisa Smoker (PDF, 59 KB)

c.       Communications  (PDF, 372 KB)

1.      Anna-Lisa Smoker

2.      Jay Kelekian, Rent Stabilization Board

Action: Moved, seconded, carried (Olds/Wozniak; Noes – Worthington; Abstain – Shirek; Spring) to adopt Resolution No. 62,454 –N.S. (PDF, 394 KB) affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

 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.

Action Calendar – Old Business

16.  Allocation of Funds for the FY 2004-2005 Federal Community Development Block Grant (CDBG) and the Emergency Shelter Grant (ESG) (PDF, 7 MB) (Public hearing closed on April 20, 2004)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving proposals for funding under the FY 2004-2005 Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) programs; 2) executing the resultant agreements and amendments for the 2004-2005 CDBG and ESG funds; 3) placing 90% of the FY 2004-2005 HOME allocation in the Housing Trust Fund and the remaining 10% for program administration; and 4) authorizing the City Manager to submit the 2004 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG and ESG funding.

Financial Implications:  See report.

Contact: Stephen Barton, Housing, 981-5400

Action:  Moved, seconded, carried (Maio/Olds) to adopt revised Resolution No. 62,455 –N.S. (PDF, 1 MB) as noted in the supplemental report and referred non-funded items to the budget process.

17.  Grant and Contract: Improvements at Aquatic Park (PDF, 210 KB) (Held over by Councilmember Worthington from April 20, 2004)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a competitive grant proposal for improvements at Aquatic Park to the California Conservancy; 2) enter into a contract with the Coastal Conservancy and execute related grant agreements and any amendments; 3) accept these grant funds; 4) implement the projects; and
5) appropriate grant funding for related expenses, subject to securing the grant.

Financial Implications:  Revenue up to $2,000,000.

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

Action:  Moved, seconded, carried (Spring/Worthington) to adopt revised Resolution No. 62,456 –N.S. (PDF, 93 KB) as noted in the supplemental report.

Action Calendar – New Business

18.  Potential Ballot Measures for November 2004 Election (PDF, 4 MB) (to be delivered) (discussed at Work Session)

From:  City Manager

Recommendation:  Review draft ballot measure materials and direct the City Manager about further development of the potential measures designated at the March 23, 2004 meeting.

Contact:  Phil Kamlarz, City Manager, 981-7000

Action:  Provided further direction to staff with a request to return with additional background information.

19.  Public Financing of Election Campaigns (CF 21-04)(discussed at Work Session)

a.      From:  City Manager (PDF, 8 MB)

Recommendation:  Give direction to the City Attorney whether or not to prepare the text of a ballot measure for the November 2004 Election, which would amend the Berkeley Election Reform Act (BERA) to enable the Council to enact a public financing program.

Contact:  Sherry M. Kelly, City Clerk 981-6900

b.      From:  Mayor Bates and Councilmember Spring (PDF, 3 MB)

Recommendation:  Put before the voters in November 2004 a charter amendment and an amendment to the Berkeley Election Reform Act (BMC 2.12) submitted by Center for Government Studies to create a voluntary system of full public financing for election campaigns for City offices.

Contact:  Tom Bates, Mayor, 981-7100; Dona Spring, Councilmember District 4, 981-7140

c.       From:  Mayor Bates (PDF, 77 KB)

Recommendation:  Support a charter amendment and an amendment to the BERA as proposed by Center for Government Studies with the following amendments:  1a) require that Council affirmatively vote to implement campaign financing for each individual office; 1b) require that the trigger to implement the program be by two-thirds vote of the Council; 2) ask the community and the Fair Campaign Practices Commission to closely examine the number of signatures and small contributions required to qualify for public financing so that this number is set correctly and there be provisions to review and allow for alternations; and 3) include an emergency suspension clause, giving the Council, in the event of a fiscal emergency, the option to suspend the program temporarily.

Contact:  Tom Bates, Mayor, 981-7100

Action: Moved, seconded, carried (Worthington/Maio) directing the City Attorney to prepare ballot measure language based on the proposal submitted by Mayor Bates and Councilmember Spring on behalf of Center for Government Studies (19b above) to also include amendments proposed by Mayor Bates.  Staff was also directed to prepare an analysis of the differences between this measure and the proposed initiative in circulation.

20.  Gateway Arch at San Pablo and University Avenues  (PDF, 1 MB) (CF 200-02)

From: City Manager

Recommendation:  Refer the study and implementation of a gateway arch at San Pablo and University Avenues to the budget process for the next two-year budget cycle, as part of the longer range implementation of the Urban Design section of the University Avenue Strategic Plan.

Financial Implications: Future fiscal impacts – $500,000. No current funding available.

Contact: Dan Marks, Planning, 981-7400

Action: Moved to the Consent Calendar by Councilmember Worthington and approved recommendation.

21.  Adopt Proposition 215 “The Compassionate Use Act of 1996” Implementation Plan (PDF, 38 KB)

From: Councilmember Worthington

Recommendation:  Adopt Proposition 215 “The Compassionate Use Act of 1996” Implementation Plan regarding protocols for medical cannabis.

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

Action: Moved, seconded, carried (Wozniak/Hawley; Noes – Spring, Bates; Abstain – Maio, Worthington) to table the matter.

22.  Budget Cuts to Toxics Management Division

a.      From: Community Environmental Advisory Commission (PDF, 411 KB)

Recommendation:  Limit potential cuts to the Toxics Management Division (TMD) budget to an amount equivalent to 20% ($32,000) of the FY 2004 General Fund contribution to the TMD budget, instead of 46% ($75,000) cut in General Fund in FY 2006 contribution proposed by the City Manager.

Financial Implications:  General Fund – Savings of $32,000 in FY 2006.

Contact: Nabil Al-Hadithy,  Secretary, 981-7461

b.      From: City Manager (PDF, 106 KB)

Recommendation:  Refer this item to the City’s budget process for review.

Financial Implications:  General Fund – Savings of $75,000 in FY 2006.

Contact: Dan Marks, Planning, 981-7400

Action: Moved City Manager recommendation to the Consent Calendar by Councilmember Worthington.

23.  Parking Mitigation at the New Vista College Site

a.      From: Transportation Commission (PDF, 640 KB)

Recommendation:  Adopt a final plan for allocation of Vista mitigation funds that allocates $2 million, or 55.5% of the funds, to programs to reduce vehicle traffic and promote and improve alternative modes of transportation in Downtown; and $1.6 million, or 44.5% of the funds, to accommodate vehicle trips to Downtown.

Financial Implications:  See report.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager (PDF, 162 KB)

Recommendation:  Refer to the City Manager the recommendations of the Transportation Commission to be considered during negotiations with the Peralta Community College District respecting the use of Vista College parking mitigation funds.

Contact: Peter Hillier, Transportation, 981-7010

Action: Held over to meeting of May 18, 2004 by City Manager.

Information Reports

24.  Candidate Filing Fee and Process for Signatures In-Lieu of Filing Fee (PDF, 348 KB)

From: City Manager

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Received and filed.

25.  Energy Programs Receive State Funding (PDF, 305 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400\

Action: Received and filed.

26.  Re-accreditation Award Ceremony - May 4, 2004 (PDF, 188 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

27.  Business License Tax Audit Reports for Fiscal Year 2003 (PDF, 1 MB)

From: City Auditor

Contact: Anne-Marie Hogan, Auditor, 981-6750

Action: Received and filed.

28.  Annual Public Art Plan 2004 (PDF, 473 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

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.

Bush Aims to Localize Rent Aid

1.      Anne Whyte

University Avenue Plan

2.      Jason Meggs

Vista College Transportation Mitigation Fund

3.      Bill Smith, Andy Katz, Bob Piper, David Tam, Hank Resnik, Helen Burke, Joyce Roy and Kitty McLean, Sierra Club

AC Transit Rapid Bus Rapid Transit Service

4.      Andy Katz and Bob Piper, Sierra Club Transportation Committee

2004 Berkeley Bay Festival

5.      Martin Schaaf

Middle Class Taxation: City of Berkeley Should Follow the Lead of Presidential Candidate John Kerry

6.      Barbara Gilbert and Vicki Tamaradze, Berkeley Budget Oversight Committee

Hire Berkeley Residents for Berkeley City Jobs

7.      Barbara Gilbert

Hazardous Trees

8.      Charles L. Smith

27400 College Avenue

9.      Anne Marselis

  

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

Item  13: Berkeley Pedestrian Charter

10.  Wendy Alfsen, Walk & Roll Berkeley

Item 16: Allocation of Funds for the FY 2004-2005 Federal Community Development Block Grant (CDBG) and the Emergency Shelter Grant (ESG)

11.  Revised Report, submitted by Housing Department (PDF, 1 MB)

Item 17: Grant and Contract: Improvements at Aquatic Park (PDF, 413 KB)

12.  Revised Report, submitted by Parks, Recreation & Waterfront Department

13.  Councilmember Maio

Item 18: Potential Ballot Measures for November 2004 Election 

14.  Tom and Jane Kelly

Item 19: Public Financing of Election Campaigns

15.  Councilmember Spring (PDF, 153 KB)

Item 23: Parking Mitigation at the New Vista College Site

16.  Rachel A. Rupert, Berkeley Chamber of Commerce

17.  Jason Meggs

18.  Michael Katz

19.  Deborah Badhia, Downtown Berkeley Association

20.  Wendy Alfsen, Walk & Roll Berkeley

21.  Darryl Moore

 

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

Item 18: Potential Ballot Measures for November 2004 Election 

22.  Youth Services Funding, submitted by Mayor Bates (PDF, 359 KB)

Item 25: Energy Programs Receive State Funding

23.  Alice LaPierre, Smart Lights

 

Adjournment

Adjourned:  10:45 p.m. in memory of Bill Wigmore.