Regular Meeting eSummary
May 18
, 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, May 18, 20047:00 P.M.

Preliminary Matters

Roll Call: 7:45 p.m. All present.

Public Comment: 12 speakers.

 

Consent Calendar

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

1.      Three-Ton Commercial Truck Weight Limit (PDF, 1 MB) (CF 52-03) (First reading May 4, 2004 – Unanimous; Second Reading – May 18, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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 specific streets currently controlled by five-ton weight limits; 2) amending Section 14.56.050 to extend the existing five-ton truck weight limit to specific streets; 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

Action: Adopted Ordinance No. 6,799–N.S. (PDF, 511 KB) Effective June 17, 2004.

2.      Minutes for Approval (PDF, 2 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 26, 2004 (special); April 27, 2004 (special and regular) and May 4, 2004 (special and regular).

Contact:  Sherry Kelly, City Clerk, 981-6900

Action: Approved minutes (April 26th minutes – Abstain – Breland).

3.      Needle Exchange (PDF, 167 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. 62,468 –N.S. (PDF, 102 KB)

4.      Calling for November 2, 2004 Municipal Election and Possible Runoff Election on February 8, 2005 (PDF, 275 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 2, 2004; 2) authorizing the City Clerk to conduct an all-mail ballot election on February 8, 2005 in the event of a runoff election; 3) requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; and 4) authorizing certain procedural and contractual actions.

Financial Implications: General Fund - General Municipal Election: $250,000; Special Runoff Election: $100,000-$300,000.

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Adopted Resolution No. 62,469–N.S. (PDF, 163 KB)

5.      Council Expense Accounts (PDF, 160 KB)

From:  City Manager

Recommendation:  Adopt a Resolution establishing guidelines and procedures for the carryover of Council D-13 expenditure accounts from one fiscal year to the next and rescinding Resolution No. 62,301-N.S.

Contact:  Phil Kamlarz, City Manager, 981-7000

Action: Adopted Resolution No. 62,470–N.S. (PDF, 104 KB)

6.      FY 2004 Appropriations Ordinance (PDF, 1  MB)

From:  City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2004 Annual Appropriations Ordinance No. 6752-N.S. based upon recommended re-appropriation of unexpended FY 2003 funding and other adjustments authorized since July 1, 2003 in the amount of $5,947,923.

Contact:  Tracy Veseley, City Manager, 981-7000

Action: Adopted first reading of Ordinance. Second reading scheduled for May 25, 2004.

7.      Contract: Public Health Patient Information Management System (PDF, 723 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Creative Socio-Medics Corporation for software and services to implement a Public Health Patient Information Management System during the period July 1, 2004 to June 30, 2007 for a total amount not to exceed $550,000.

Financial Implications: Public Health General Health Fund – $550,000.

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

Action: Adopted Resolution No. 62,471–N.S. (PDF, 113 KB)

8.      Employee Awards Program (PDF, 547 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to establish an Employee Awards Program to encourage employees to contribute practical suggestions that result in monetary savings, increased revenues, improved services, increased effectiveness or enhanced safety, and to reward employees for their efforts.

Financial Implications: Training Fund – $5,700-$10,700 annually.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,472–N.S. (PDF, 66 KB)

9.      Extension of Supplemental Military Leave Compensation Policy (PDF, 422 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,690–N.S. to extend the supplemental military leave benefit for an additional year from May 31, 2004 to May 31, 2005.

Financial Implications:  See report.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,473–N.S. (PDF, 147 KB)

10.  Extension of Temporary Employee Appointments (PDF, 380 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of temporary appointments for Office Specialist II employees in the Housing Department and an Associate Management Analyst employee in the City Manager’s Office.

Financial Implications: See report.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,474–N.S. (PDF, 66 KB)

11.  Clarify Meeting Schedule of the Personnel Board (PDF, 489 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 4.04.070 to delete references to specific months in each calendar quarter when the Personnel Board is required to meet.

Financial Implications: None.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted first reading of Ordinance. Second reading scheduled for May 25, 2004.

12.  Agreement:  Summer Food Service Program (PDF, 250 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition Services Division, for a Summer Food Service Program to provide lunches and afternoon snacks to children for the period of June 1, 2004 to October 31, 2004 and to execute the resultant agreement and any amendments.

Financial Implications: None.

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

Action: Adopted Resolution No. 62,475–N.S. (PDF, 75 KB)

13.  Contract: Tennis Court Lighting Rehabilitation (PDF, 329 KB)

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 $377,300.

Financial Implications: Parks Tax Funds – $327,300 and Proposition 40 Per Capita Grant Funds – $50,000.

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

Action: Adopted Resolution No. 62,476–N.S. (PDF, 151 KB)

14.  Agreement: Berkeley Rail Stop Maintenance and “Right of Entry” (PDF, 523 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to negotiate and execute an agreement for the maintenance of the Berkeley Rail Stop, a “right of way” entry agreement between the City and Amtrak, and any other agreement necessary to improve the Berkeley Rail Stop.

Financial Implications: Redevelopment Agency State Grant - $640,000.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,477–N.S. (PDF, 92 KB)

15.  Contract: Sanitary Sewer Replacement (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Gold Wing Engineering for the Sanitary Sewer Rehabilitation and Replacement Project, increasing the contract amount by $181,000 for a total not to exceed $1,021,943 and extending the period 75 calendar days.

Financial Implications: FY 2004 Sewer Capital Improvement – $181,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,478–N.S. (PDF, 101 KB)

16.  Contract: Architectural and Engineering Services for Marina Restroom Replacement (PDF, 261 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Burks Toma Architects for architectural and engineering services on the Marina Restroom Replacement project, increasing the contract by $10,000 for a total not to exceed $65,000, for the period February 1, 2002 through February 1, 2005.

Financial Implications: Boating and Waterways Fund – $10,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,479–N.S. (PDF, 96 KB)

17.  Contract:  Arlington Avenue Street Repair (PDF, 423 KB)

From:  City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Arlington Avenue Street Repair project; 2) accepting the bid of Gallagher and Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments until completion of the project in an amount not to exceed $2,689,856 for the period of 120 days.

Financial Implications:  State Gas Tax Fund - $10,000; Measure B Sales Tax Fund -$1,488,759; Capital Improvement Fund - $1,087,666.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,480–N.S. (PDF, 124 KB)

18.  Contract: Street Rehabilitation FY 2004 Phase 1 (PDF, 663 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2004 Phase 1 Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,884,720 for the period of 120 calendar days.

Financial Implications: State Gas Tax - $10,000; Measure B Sales Tax - $1,204,407; Capital Improvement Fund - $670,313.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,481–N.S. (PDF, 101 KB)

19.  Purchase of Property for a New Fire Station (PDF, 301 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance, amending Ordinance 6,724–N.S. authorizing purchase of property at 3000 Shasta Road from the East Bay Municipal Utility District for a new fire station.

Financial Implications: No additional funding to change boundary line.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted first reading of Ordinance. Second reading scheduled for May 25, 2004.

20.  Street Lighting Assessment District No. 1982-1 (PDF, 676 KB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution of Intent to levy Fiscal Year 2005 assessments for the Street Lighting Assessment District No. 1982-1; approving the Engineer’s Report; and setting a public hearing for June 15, 2004.

Financial Implications: No change to the assessment.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,482–N.S. (PDF, 129 KB)  Directed staff to return in three months with a information on breakdown, justification and itemization of charges.

21.  Traffic Signals on Hearst Avenue at Arch Street/LeConte Avenue (PDF, 570 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the installation of a traffic signal on Hearst Avenue at Arch Street and LeConte Avenue in conjunction with road improvements to separate Arch Street from LeConte Avenue at the intersection; 2) approving the installation of intersection safety improvements at Hearst Avenue and Oxford Street; and 3) authorizing the City Manager to negotiate and execute a grant agreement with the University of California, Berkeley to share the costs of these improvements.

Financial Implications: UC Berkeley Contribution - $225,500; Capital Improvement Fund - $225,500.

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,483–N.S. (PDF, 149 KB)

22.  Prohibit Heavy Duty Commercial Vehicle Parking in Marina Area (PDF, 342 KB) (CF160-02)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 6.20.255 to prohibit the parking of heavy duty commercial and over-sized vehicles (except commercial pickup trucks, tour buses, school buses, and paratransit buses) at all times on all streets in the Marina area.

Financial Implications: Marina Operations/Maintenance – $15,000.

Contact: Peter Hillier, Transportation, 981-7010 and Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Adopted first reading of Ordinance. Second reading scheduled for May 25, 2004.

23.  Contract Compliance Audit (PDF, 2 MB)

From: City Auditor

Recommendation:  Request the City Manager report back in January 2005 on the implementation status of each of the Auditor’s recommendations regarding a citywide contract compliance audit, and every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report.

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

Action: Approved recommendation.

24.  Appointment to Mental Health Commission

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

Recommendation:  Adopt a Resolution re-appointing Lorraine Taggart to the Mental Health Commission, Special Public Interest Category, for a three-year term beginning May 23, 2004 and ending May 22, 2007.

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. 62,484–N.S. (PDF, 61 KB)

25.  Support ACA 10 Assembly Constitutional Amendment (PDF, 580 KB) (to be delivered)

a.      From: Public Works Commission

Recommendation:  Adopt a Resolution supporting ACA 10 Assembly Constitutional Amendment that proposes an amendment to the State Constitution to exclude fees and charges for storm water and urban runoff management from voter approval requirements.

Financial Implications: None.

Contact: Jeff Egeberg, Secretary, 981-6406

b.      From: City Manager

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

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,485–N.S. (PDF, 82 KB)

26.  Objection to Proposed Changes to Low Activity Waste Disposal

a.      From: Community Environmental Advisory Commission (PDF, 336 KB)

Recommendation:  Send a letter to the U.S. Environmental Protection Agency (EPA) objecting to the proposed Advance Notice of Proposed Rulemaking (ANPR) for disposal of low activity radioactive wastes.

Contact: Nabil Al-Hadity, Secretary, 981-7460

b.      From: City Manager (PDF, 386 KB)

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

Contact: Dan Marks, Planning, 981-7400

Actions:  Removed from Consent Calendar by Councilmember Wozniak.

Moved, seconded, (Spring/Worthington) a main motion to approve the Commission’s recommendation.

Moved, seconded (Wozniak/Hawley) a substitute motion approving the Commission’s recommendation with revised language as proposed by Councilmember Wozniak severed as follows:

Carried - (Wozniak/Hawley; Abstain – Breland, Wozniak) to approve the recommendation of the Commission.

Carried (Wozniak/Hawley; Noes – Spring, Wozniak; Abstain – Breland) revised language as proposed by Councilmember Wozniak.


Action Calendar – Public Hearing - Budget

27.  Budget (HTML, opens in new browser window) (see Budget Book)

From:  City Manager

Recommendation:  Conduct a public hearing on the City Manager’s proposed Budget for FY 2005 and the FY 2006 Budget Reduction Plan.  A second public hearing on the budget will be held on June 15, 2004.  The Council will adopt the FY 2005 Budget on June 22, 2004.

Contact: Tracy Veseley, City Manager, 981-7000

Public Testimony: The Mayor opened the public hearing.  23 speakers.  The Mayor closed the public hearing.

Action:   Second public hearing scheduled for June 15, 2004.  Budget to be adopted on June 22, 2004.

Action Calendar – Public Hearing

28.  Appeal:  1331 Seventh Street (1332 Eighth Street)- Parcel Map 8276 Subdivision of a Lot (1 Lot Into 2 Lots)

a.      From:  City Manager (PDF, 722 KB)

Recommendation:  Open the public hearing on the appeal of the denial of Parcel Map 8276 for subdivision of a lot (1 lot into 2 lots) and adopt a Resolution continuing the hearing to September 21, 2004 and referring Use Permit A920 to the Zoning Adjustments Board for review and revocation or modification. 

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Stephen E. Block (PDF, 92 KB)

c.       Communication

1.      William S. Berland (PDF, 1 MB)

Public Testimony: The Mayor opened the public hearing.  One speaker. 

Action: Moved, seconded, carried (Worthington/Olds; Absent – Maio) to adopt Resolution No. 62,486-N.S. (PDF, 177 KB), as revised, to continue the public hearing to September 21, 2004, and refer the use permit to the Zoning Adjustments Board.

 

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Government Code Section 66499.37, no lawsuit challenging a City decision to deny or approve a decision of the City Manager or his or her designee 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 decision of the City Manager or his or her designee, 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.

29.  Extend Residential Preferential Parking Program (PDF, 575 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution amending Section 25B of Resolution No. 56,508–N.S. by adding a subsection to extend Residential Preferential Parking to the south side of Dwight Way between College Avenue and Benvenue Avenue; and authorizing the use of $600 from the Office of Transportation budget to cover implementation costs.

Financial Implications: Special Gas Tax Fund – $600.

Contact: Peter Hillier, Transportation, 981-7010

Public Testimony: The Mayor opened the public hearing.  One speaker.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 62,487–N.S. (PDF, 92 KB)
 

Action Calendar– Public Hearing – Fees

30.  Transaction Fee for Payments over the Web (PDF, 405 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution establishing a transaction fee for web-based payments, at a minimum charge of $2 per transaction, and a maximum charge of $4 per transaction to recover the City’s payment processing costs.

Financial Implications: Annual revenues of $80,000 to $130,000.

Contact: Fran David, Finance, 981-7300

Public Testimony: The Mayor opened the public hearing.  No speakers.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Maio/Wozniak) to adopt Resolution No. 62,488–N.S. (PDF, 63 KB)

31.  Senior Center Facility Rental Fees (PDF, 4 KB) (to be delivered)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases; establishing fees for the rental of senior center facilities; and rescinding Resolution No. 61,575–N.S.

Financial Implications: Total Revenue FY 2005 – $120,347.

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

Action:  Withdrawn by the City Manager to a date yet to be determined.

32.  Tuolumne Camp Fees (PDF, 570 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases; establishing fees for Tuolumne Camp; and rescinding Resolution No. 61,762–N.S.

Financial Implications:  See report.

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

Public Testimony: The Mayor opened the public hearing.   No speakers.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Maio/Spring; Noes – Wozniak; Abstain – Worthington) to adopt Resolution No. 62,489–N.S. (PDF, 249 KB)

33.  Development and Engineering Fees for the Permit Service Center and Certified Unified Agency Program Fund (PDF, 5 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution: 1) approving fee increases and establishing the fee schedule for the Permit Service Center (PSC) and the Certified Unified Program Agency (CUPA) Fund for development related services; 2) continuing a policy of granting development fee waivers only when the Council authorizes substitute funding; and 3) rescinding Resolution No. 62,065–N.S.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

Public Testimony: The Mayor opened the public hearing.  One speaker.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Spring/Olds; Noes – Breland, Wozniak; Abstain - Hawley) to adopt Resolution No. 62,490–N.S. (PDF, 1 MB)

34.  Sewer Connection Fees (PDF, 261 KB) (to be delivered)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving increases for sewer connection fees for designated premises; establishing fees; and rescinding Resolution No. 57,689-N.S.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing.  No speakers.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Maio/Wozniak) to adopt Resolution No. 62,491–N.S. (PDF, 63 KB)

35.  Refuse Rates (PDF, 1 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing and setting rates for the collection of refuse and organics, Transfer Station disposal, and special services, reconfirming existing refuse collection districts; and rescinding Resolution 62,067–N.S. and all amending resolutions.

Financial Implications: Increased revenues - $1,086,000 annually.

Contact: Rene Cardinaux, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing.  No speakers.  The Mayor closed the public hearing.

Action: Moved, seconded, carried (Olds/Maio; Noes – Spring, Worthington) to adopt Resolution No. 62,492–N.S. (PDF, 796 KB)

Action Calendar – Old Business

36.  Precautionary Principle and Environmentally Preferable Purchasing Policy (PDF, 461 KB) (CF 62-03) (Held over from May 4, 2004 by Councilmember Olds)

From: City Manager

Recommendation:  Accept the status report on the Precautionary Principle and an Environmentally Preferable Purchasing Policy.

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Moved to Consent Calendar by Councilmember Olds.  Approved recommendation.

Action Calendar – New Business

37.  Revenue Generating Ballot Measures (PDF, 2 MB) (to be delivered)

From:  City Manager

Recommendation:  Provide direction to the City Manager and City Attorney for drafting and placement of revenue generating ballot measures for the November 2004 ballot.

Contact:  Arrietta Chakos, City Manager, 981-7000

Action:  Discussion to be continued to May 25, 2004.

38.  Oxford Plaza and the David Brower Center Development (PDF, 13 MB) (to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into negotiations for a Disposition and Development Agreement for the Oxford Lot site based on the development program and business terms presented.

Contact: Stephen Barton, Housing,  981-6900

Actions: Moved, seconded, failed (Olds/Wozniak; Noes – Maio, Breland, Spring, Hawley, Worthington, Bates) a substitute motion to submit the issue to the ballot in November.

Moved, seconded, carried (Maio/Spring; Noes – Olds; Abstain – Wozniak) to adopt Resolution No. 62,493-N.S. (PDF, 81 KB) authorizing the City Manager to enter into negotiations for a Disposition and Development Agreement for the Oxford lot site and to set a public hearing in July regarding the status of the negotiations.

39.  Presentation: Rental Housing Market from a Student Perspective (PDF, 78 KB)

From: Councilmember Wozniak

Recommendation:  Schedule fifteen-minutes for a presentation on May 25, 2004, by student interns focusing on the status of the rental housing market in Berkeley.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

Action: Moved, seconded, carried (Olds/Worthington) to approve recommendation.

40.  Decriminalizing Prostitution at the State Level (PDF, 768 KB)

From:  Councilmember Spring

Recommendation:  Adopt a Resolution: 1) calling for the decriminalization of prostitution at the State level; 2) maintaining enforcement of current prostitution laws in Berkeley; 3) requiring the semi-annual reporting of numbers and incidents of arrest for prostitution to go to the Police Review Commission (PRC) and the Council; and 4) requesting the City Manager send the resolution to state and federal elected officials.

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

Action: Moved, seconded, carried (Hawley/Wozniak) to refer to the Commission on the Status of Women and to consult with the public health officials and law enforcement officials and to bring back a recommendation to Council considering decriminalization, legalization and the public health issue.

41.  Air Quality Disclosure Notice Signage at Harrison Park

a.      From: Community Environmental Advisory Commission (PDF, 421 KB)

Recommendation:  Direct staff to use the following language for new signs to be posted at Harrison Park at the Gabe Catalfo fields, the skate park, the homeless shelter and the proposed Ursula Sherman house: “Air quality at the site often does not meet state standards.  All children and elderly people with preexisting respiratory and cardiac illness should exercise caution when using Harrison Park and the shelter. Pregnant women may also be at risk.”

Contact: Contact: Nabil Al-Hadithy, Secretary, 981-7460

b.      From: City Manager (PDF, 309 KB)

Recommendation:  Approve the changes made by staff per the recommendations of the Air Monitoring Consultant and the posted locations per the conditions and mitigation measures for the Gabe Catalfo Fields at Harrison Park. Make no further modifications to the disclosure language, as recommended by the Community Environmental Advisory Commission.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700 and Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Maio/Worthington; Abstain – Wozniak) to approve directing staff to include warning information on the signs first, listing the targeted population at risk second, and including a sign at the Ursula Sherman Village.

Information Reports

42.  Landmarks Preservation Commission Notice of Decision: Oceanview Sisterna Historic District – Historic District Designation (PDF, 1 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

43.  Landmarks Preservation Commission Notice of Decision: 2108 Sixth Street – Disapproval of Application to Designate as Structure of Merit (PDF, 354 KB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

44.  Oppose Establishment of a Police Department Canine Program (PDF, 174 KB)

From: Police Review Commission

Contact: Barbara Attard, Secretary, 981-4950

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.

U.A. Theater Flyer Regarding Personal Property

1.      Patrick Kennedy

Andronico’s Activity on Solano

2.      Zelda Bronstein  (Spring)

University Avenue Strategic Plan

3.      Stephen Wollmer  (Spring)

4.      Rachel Boyce  (Spring)

Closure of Library on Sundays

5.      Barbara Gilbert

AB 2902 (Hancock): CEQA; Project Approval – Support Assembly Committee on Natural Resources – May 3, 2004

6.      Hubert Walsh, Jr., Mayor, City of Merced

Ban Gasoline-Powered Scooters, Mini-Bikes and Go-Karts

7.      Petition, 35 signatures, submitted by Rick Oberlink

Storage/Removal of Personal Belongings

8.      Rhiannon (2)

Creek Bank Stabilization at 1718 Beverly Place

9.      Junko Bryant

May 4, 2004 Budget Presentation by City Manager

10.  Barbara Gilbert

Ohlone Dog Park

11.  Mary Tolman Kent

12.  Lony Haley Nelson, Beverly Slapin, Michael Isaacs, Michael Monahan, Joyce C.

Vallejo Labor Contracts

13.  Barbara Gilbert

Disaster Council Response to Commission Cost Reduction Proposal

14.  Margit Roos-Collins  (Hawley)

Berkeley Round Table Pizza – University Avenue

15.  Carl M. Glover and Nick-Alba-Glovier

Clean Stormwater Measure Issues and Suggestions

16.  Juliet Lamont

Emeryville Tops per Capita List of Bay Area Sex Offenders

17.  Anne Whyte

Berkeley Siren Warning System

18.  Dick White, Berkeley Disaster Council

Downtown Hotel/Conference Center

19.  Richard Register and Kirstin Miller, Ecocity Builders

20.  Gus Yates

Zoning Ordinance – Major Residential Addition

21.  Steven Roselaren  (Spring)

Dr. Donald Sebanc – Lease at Sather Gate Mall

22.  Toby Cole


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

Item 29: Extend Residential Preferential Parking Program (PDF, 211 KB)

23.  Sharon Hudson

24.  Doug Buckwald

Item 31: Senior Center Facility Rental Fees 

25.  Helen Rippier Wheeler (PDF, 173 KB)

Item 35: Refuse Rates

26.  Barbara Gilbert (PDF, 233 KB)

Item 40: Decriminalizing Prostitution at the State Level

27.  Veronica Munk, Amnesty for Women

28.  Annie Chen

29.  Maggie Knowles, Adult Industry Medical Health Care Foundation

30.  Janelle Fawkes, Scarlet Alliance

31.  Françoise Guillemaut

32.  Carole Leigh, COYOTE

33.  Gennifer M. Hirano

34.  Susan T. Jackson


Item 44: Oppose Establishment of a Police Department Canine Program

35.  Barbara Gilbert


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

Item 28: Appeal:  1331 Seventh Street (1332 Eighth Street)- Parcel Map 8276 Subdivision of a Lot (1 Lot Into 2 Lots)

36.  Revised Resolution, submitted by Planning Department (PDF, 233 KB)

37.  William S. Berland, Ferguson & Berland (PDF, 1 MB)

Item 31: Senior Center Facility Rental Fees 

38.  500 Signature Cards, submitted by Alan Stross (PDF, 2 MB)

Item 32: Tuolumne Camp Fees

39.  Supplement to Report, submitted by Parks Recreation & Waterfront Department (PDF, 356 KB)

Item 40: Decriminalizing Prostitution

40.  Marni von Wilpert, Berkeley N.O.W.

Fiscal Crisis – Fire Station

41.  Peter Cukor

2004 City Comparisons of Taxes and Fees

42.  Residential Comparisons


Adjournment

Meeting adjourned in memory of Reginald Zelnick and Tuskegee Airman, Mr. Lipscomb at 11:53 p.m.