Regular Meeting eSummary
May 4
, 2004

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, May 4, 20047:00 P.M.

Preliminary Matters

Roll Call: 7:13 p.m. All present.

Ceremonial Matters:

1.      Recognizing Public Works Department APWA Re-Accreditation

2.      Recognizing Pinch Me Films “Breaking the Silence of Sex Night”

3.      Proclaiming May 1-16, 2004 as Cover the Uninsured Week

4.      Proclaiming May 9-15, 2004 as Senior Center Week

Action: Proclamations presented.

City Manager Comments:  Public Works is mailing brochures this week announcing a new bulky waste pick-up program that provides Saturday pick-up by appointment up to four times a year.  On Saturday, May 8 at noon there will be a free green home energy symposium at Civic Center Park.

Mayor’s Comments:  Council has approved hiring Acting City Manager Phil Kamlarz to serve as City Manager.  The Blackberry Creek pollution problem has been solved and warning signs that had been posted along the creek were removed today.

Public Comment: 11 speakers.
 

Presentation

1.      Presentation of the PlanBerkeley Website (PDF, 57 KB)

From:  Councilmember Maio

Recommendation:  Presentation of 15 minutes by the neighbors who have developed the PlanBerkeley website that provides information and resources regarding development along University and San Pablo Avenues.

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

Action: Presentation made.

Consent Calendar

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

2.      Lease: Retail Phone and Auto Parts Store - 2431 Channing Way (PDF, 2 MB)  (First Reading – April 27, 2004 – Unanimous;  Second Reading – May 4, 2004 - Unanimous)

From: City Manager

Recommendation:  Adopt second 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 Ordinance No. 6,798–N.S. (PDF, 2 MB) Effective June 3, 2004.

3.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 20, 2004 (regular).

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Approved minutes.

4.      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. 62,457–N.S. (PDF, 101 KB)

5.      Settlement Agreement: Lloyd Tosse and Diane Tosse v. City of Berkeley (PDF, 145 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RE 03099880 entitled Lloyd Tosse and Diane Tosse v. City of Berkeley in the amount of $12,500 for Lloyd Tosse and $32,500 for Diane Tosse, and waiving the unpaid balance of the City’s ambulance bill for services rendered to Diane Tosse on the date of the accident.

Financial Implications:  Public Liability Fund – $45,000; Ambulance Bill Waiver – $532.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,458–N.S. (PDF, 75 KB)

6.      Settlement Agreement: Robert Doran and Esther Doran v. City of Berkeley (PDF, 204 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG03 105874 consolidated with RG03 123382 entitled Robert Doran and Esther Doran v. City of Berkeley in the amount of $325,000, of which the City will pay an amount not to exceed $225,000 and the Bay Cities Joint Powers Insurance Agency (BCJPIA) will pay the balance of the settlement.

Financial Implications: Public Liability Fund – $225,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,459–N.S. (PDF, 107 KB)

7.      Grant: Shelter Plus Care Supportive Housing Program (PDF, 337 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) accept a grant renewal award from the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,909,116 for tenant-based rental assistance for the Shelter Plus Care Supportive Housing Program for the period beginning May 24, 2004 through May 23, 2005; 2) execute contracts and any amendments not to exceed $59,048 with the following community-based agencies: Berkeley Food and Housing Project ($16,000); Bonita House, Inc. ($3,000); Building Opportunities for Self-Sufficiency ($16,000); Coalition for Alternatives in Mental Health ($3,000); Homeless Action Center ($10,048); Jobs for the Homeless Consortium ($3,000); Lifelong Medical Care ($5,000); and Women’s Daytime Drop-In Center ($3,000); and 3) renew such community agency contracts annually hereafter.

Financial Implications:  Revenues – $1,909,116.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,460–N.S. (PDF, 115 KB)

8.      Contract: Supplementary Retirement and Income Plan I and Retiree Medical Plan Actuarial Services (PDF, 493 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Milliman USA for actuarial services for funding: 1) the City’s Supplementary Retirement and Income Plan I (SRIP I); and 2) the retiree health plan benefits for sworn Police, Fire and non-sworn employees in an amount not to exceed $40,000 for the period of May 1, 2004 through December 31, 2004.

Financial Implications: Payroll Deduction Trust Fund – $40,000.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,461–N.S. (PDF, 94 KB)

9.      Contract: Janitorial Services at Five Recreation Centers (PDF, 222 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for janitorial services in five recreation centers and authorizing the City Manager to execute a contract and any amendments with Township Building Services, Inc. in an amount not to exceed $200,000 for a period of three years, beginning June 1, 2004 and ending June 30, 2007.

Financial Implications: General Fund – $55,392 per year.

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

Action: Adopted Resolution No. 62,462–N.S. (PDF, 79 KB)

10.  Contract: Tennis Court Lighting Rehabilitation (PDF, 4 KB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications for Tennis Court Lighting Rehabilitation at Live Oak Park, Willard Park and San Pablo Park and authorizing the City Manager to execute a contract and any amendments with St. Francis Electric, Inc. for the project, including the alternate bid work (Live Oak Park) for the period May 15, 2004 to May 15, 2005 in an amount not to exceed $378,000.

Financial Implications: Parks Tax Funds – $328,300 and Proposition 40 Per Capita Grant Funds – $50,000.

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

Action:  Removed from Consent Calendar by City Manager and held over to meeting of May 18, 2004.

11.  All-Way Stop at Rose Street and Shattuck Avenue (PDF, 194 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of two stop signs on Rose Street at Shattuck Avenue, creating a four-way stop this intersection.

Financial Implications: Capital Improvement Fund – $500.

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,463–N.S. (PDF, 68 KB)

12.  FUND$ Change Management Audit (PDF, 3 MB)

From: City Auditor

Recommendation:  Request the City Manager ensure that the recommendations in the attached report are fully implemented as expeditiously as possible, and to report back no later than December 31, 2004, regarding the implementation status of each recommendation

Financial Implications: General Fund - $162,000 - $202,000 per year.

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

Action: Approved recommendation.

13.  Sponsorship of Solano Avenue Chocolate and Chalk Art Festival (PDF, 342 KB)

From:  Councilmember Hawley

Recommendation:  Adopt a Resolution cosponsoring the Chocolate and Chalk Art Festival to be held on Solano Avenue on Saturday, May 29, 2004 from 9:00 a.m. to 5:00 p.m. and allowing the use of Peralta Park during the day.

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

Action: Adopted Resolution No. 62,464–N.S. (PDF, 61 KB)

14.  Proclamation Honoring Julia Vinograd (PDF, 69 KB)

From: Councilmember Worthington

Recommendation:  Approve a Proclamation honoring Julia Vinograd at the 5th Annual Berkeley Poetry Festival.

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

Action: Approved proclamation.

15.  Proclamation: May as Mental Health Month

a.      From: Mental Health Commission (PDF, 174 KB)

Recommendation:  Adopt a Resolution proclaiming May 2004 as Mental Health Month.

Financial Implications: None.

Contact: Harvey Turek, Secretary, 981-5213

b.      From: City Manager (PDF, 55 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. 62,465–N.S. (PDF, 90 KB)

Action Calendar – Public Hearing

16.  Appeal: 1360 Queens Road- Parcel Map 7645 Subdivision of a Lot (1 Lot into 2 Lots)

a.      From:  City Manager (PDF, 2 MB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution denying Parcel Map 7645 to subdivide one lot at 1360 Queens Road in two lots.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Benjamin White and Sharon Landes (PDF, 105 KB)

c.       Communication (PDF, 9 MB)

1.      Dennis and Patricia Mulqueeney

2.      Evelyn Gladman

3.      Clive P. Lonsdale

4.      Lois Swirsky Gold

5.      Ellen Jones

6.      Dr. JoAnne Gras

7.      Rita Friedman

8.      Dennis and Patricia Mulqueeney

9.      Ben White and Sharon Landes

10.  Hugh Baras

Public Testimony: The Mayor opened the public hearing. 6 speakers.  Moved, seconded, carried (Worthington/Maio) to close the public hearing.

Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 62,466–N.S. (PDF, 135 KB) confirming the Zoning Officer’s decision to deny the parcel map 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

17. Annual Minority and Gender Representation Report (PDF, 6 MB)  

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Moved to Consent Calendar by Councilmember Wozniak as an information item.  Received and filed.

Action Calendar – New Business

18.  Three-Ton Commercial Truck Weight Limit (CF 52-03)

a.      From: City Manager (PDF, 4 MB)

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Chapter 14.56, Movement of Vehicles and Equipment by: 1) adding Section 14.56.070, to prohibit three ton commercial trucks on all streets, with exceptions as noted in the report, currently controlled by five-ton weight limits; 2) amending Section 14.56.050 to extend the existing five-ton truck weight limit on Martin Luther King Jr. Way to the north on The Alameda from Martin Luther King Jr. Way to Solano Avenue, and to the south from Hearst Street to University Avenue; 3) amending Section 14.56.060 to amend the existing designated truck route system in order to redefine the weight limit for commercial vehicles to be in excess of seven tons; and 4) adding Section 14.56.080, Definitions and Truck Classifications.

Financial Implications: State Gas Tax – $7,000 for sign replacement; Capital Improvement Traffic Calming – $15,000 to upgrade existing designated route signs.

Contact: Peter Hillier, Transportation, 981-7010

b.      From:  Transportation Commission (PDF, 1 MB)

Recommendation:  1) Convert all streets currently prohibiting five-ton trucks to streets prohibiting three-ton commercial vehicles, except for the following streets: a) Gilman Street; b): Martin Luther King Jr. Way; c) Cedar Street; d) Claremont Avenue/Piedmont Avenue/Belrose Avenue/Derby Street/Warring Street corridor; 2) Amend BMC Chapter 14.56 to provide a seven-ton truck definition for the designated truck route and extend the five-ton truck limit on Martin Luther King Jr. Way so it is continuous between University Avenue and Solano Avenue; and 3) Encourage the public to complain about illegal truck movements.

Contact:  Peter Hillier, Transportation, 981-7010

Action: Moved, seconded, carried (Breland/Spring) to adopt first reading of Ordinance as amended to include specific streets.  Second reading scheduled for May 18, 2004.

Information Reports

19.  Precautionary Principle and Environmentally Preferable Purchasing Policy (PDF, 294 KB) (CF 62-03)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Moved to Action by Councilmember Olds and held over to meeting of May 18, 2004.

20.  Implementation of Transfer Station Cash Receipts/Cash Handling Audit (PDF, 841 KB) (CF 35-03)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

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.

April 20, 2004 Council Meeting; B-TV

1.      Barbara Gilbert

Testing of Outdoor Warning and Notification System (Maio)

2.      Rachel Boyce

Carfree Cities on KPFA

3.      Jason Meggs

Walk&Roll Berkeley (Spring)

4.      Wendy Alfsen

Purchase Option for Tenant Occupies Redevelopment Agency Properties

5.      Sherry Thompson

Siren Test Near Strawberry Creek Park

6.      Lynda Winslow

Ramona Plaintiff Targeted by Officers

7.      Anne Marselis, Saint John’s Neighbors

Communication between Commissioners and the Public (Spring)

8.      Phillip Price, Parks and Recreation Commission
 

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

Item 16: Appeal: 1360 Queens Road- Parcel Map 7645 Subdivision of a Lot (1 Lot into 2 Lots) (PDF, 618 KB)

9.      Robert Hodas

10.  Andrea and Michael Cassidy

11.  Kenneth W. Muller, Cooley Godward LLP (2)

12.  Evon Karanoff

Item 18: Three-Ton Commercial Truck Weight Limit (Breland)

13.  Fran Haselsteiner
 

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

Item 1: Presentation of the PlanBerkeley Website

14.  Presentation materials, submitted by PlanBerkeley (PDF, 4 MB)

15.  Stephen Wolmer

Item 18: Three-Ton Commercial Truck Weight Limit

16.  Petition, 40 Signatures, submitted by Dwight Way Neighbors

Brochures by Public Works: New Bulky Waste Pick-up Program (PDF, 2 MB)

17.  City Manager Comments

Tram and Ferry Transit Simulations for Public Access

18.  CD Rom, submitted by citizen
 

Adjournment

Adjourned at 10:03 p.m.