Regular Meeting eAgenda
May 25
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 25, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

 

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      FY 2004 Appropriations Ordinance (PDF, 861 KB) (First Reading – May 18, 2004 – Unanimous)

From:  City Manager

Recommendation: Adopt second 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

2.      Clarify Meeting Schedule of the Personnel Board (PDF, 153 KB) (First Reading – May 18, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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

3.      Purchase of Property for a New Fire Station (PDF, 173 KB) (First Reading – May 18, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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

4.      Prohibit Heavy Duty Commercial Vehicle Parking in Marina Area (PDF, 99 KB) (CF160-02) (First Reading – May 18, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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

5.      Minutes for Approval (PDF, 382 KB)

From: City Manager

Recommendation: Approve the minutes for meeting of May 10, 2004.

Contact:  Sherry Kelly, City Clerk, 981-6900

6.      Ballot Measure: Annual General Adjustments of Rent Ceilings (PDF, 534 KB)

From: City Manager

Recommendation:  Adopt a Resolution placing a measure on the November 2, 2004 ballot to amend the Rent Stabilization and Eviction for Good Cause Ordinance, Berkeley Municipal Code (BMC) Section 13.76.110, related to Annual General Adjustments of Rent Ceilings.

Financial Implications: Rent Board Fund –$15,000-20,000 annual cost savings; City Clerk Department – $5,000-10,000 to place on ballot.

Contact: Sherry Kelly, City Clerk, 981-6900

7.      Enforcement of Smoking Pollution Control Ordinance (PDF, 203 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, Smoking Pollution Control, by adding Section 12.70.120.F relating to Police Department enforcement.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Roy Meisner, Police, 981-5700

8.      Time Limits for Spay/Neuter of Feral Cats (PDF, 353 KB) (CF 06-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 10.04.088 to require persons choosing to feed or shelter feral cats to work effectively toward spaying/neutering the entire colony, make documentation of spay/neuter procedures available to Animal Control every two weeks, and spay/neuter 90% of the colony within three months and 100% within five months.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

9.      Elimination of Community Service Program (PDF, 274 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to eliminate community service as an option of in lieu of payment for parking citations, due to the loss of revenue and the required staffing to manage the program.

Financial Implications:  Revenue - $275,000 annually.

Contact: Fran David, Finance, 981-7300

10.  Formal Bid Solicitations and Requests for Proposals (PDF, 245 KB)

From: City Manager

Recommendation:  Approve 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 – $480,000.

Contact: Fran David, Finance, 981-7300

11.  Purchase Order: Emergency Medical Supplies (PDF, 181 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Bound Tree Medical to purchase emergency medical supplies for the Fire Department from July 1, 2004 to June 30, 2005, with an option to extend for an additional period up to a maximum of five years, in an amount not to exceed $110,000 annually.

Financial Implications: Paramedic and General Funds - $110,000.

Contact: Reginald Garcia, Fire, 981-5500

12.  Alternative Transportation for Residents with Disabilities and Senior Residents (PDF, 302 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the 12-month Measure B program plan to continue support and operation of the services currently in place, executing a 30-month agreement for Gap Funds for the new Medical Return Trip Improvement Program (MRTIP) for the alternative transportation of residents with disabilities and senior residents; and 2) authorizing the City Manager to transmit the plan and 12-month claim in the amount of $177,203 for Measure B annual pass-through funds and $72,083 in Gap Funds for use during FY 2005 to the Alameda County Transportation Improvement Authority and to deposit the grant revenue.

Financial Implications: Measure B Funds – $177,203; Gap Funds – $72,000.

Contact: Stephen Barton, Housing, 981-5400

13.  Contract: Hills Fire Station Stabilization (PDF, 271 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for renovation of the Fire Station Hills Stabilization; 2) accepting the bid of Engineered Soil Repairs, Inc.; 3) waiving building inspection fees; 4) authorizing the City Manager to execute a contract and any amendments, extensions or change orders in an amount not to exceed $775,000.

Financial Implications: Measure G Funds – $775,000.

Contact: Rene Cardinaux, Public Works, 981-6300

14.  Contract: Janitorial Services (PDF, 271 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Township Building Services, Inc. for janitorial services at the Public Safety Building and other buildings for the period July 1, 2004 through June 30, 2005 in an amount not to exceed $100,000; and approve options to extend the contract for three additional one-year periods in an amount not to exceed $105,000 for FY 2006, and $110,000 per year for FY 2007 and FY 2008 up to a maximum of four years at the City’s discretion.

Financial Implications: Building Maintenance Fund – $105,000 for FY 2005.

Contact: Rene Cardinaux, Public Works, 981-6300

15.  Contract: Transfer Station Remodel (PDF, 304 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) allocating $526,000 from the Refuse Fund for inclusion in the Transfer Station Remodel Project; 2) authorizing the City Manager to execute an amendment to the contract with Valentine Corporation, for the Transfer Station Remodel Project, increasing the amount by $458,225 for a total not to exceed $1,550,000; and 3) extending the term from April 30, 2004 to August 31, 2004.

Financial Implications: Refuse Fund and Alameda County Waste Management Grant - $458,225.

Contact: Rene Cardinaux, Public Works, 981-6300

16.  Final Tract Map of Five-Unit Condominium Project (PDF, 181 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a five-unit condominium project consisting of two dwelling units and three live-work units located at 2709 Tenth Street.

Financial Implications: Unknown.

Contact: Rene Cardinaux, Public Works, 981-6300

17.  Thousand Oaks Height AFUUD No. 1 Undergrounding District (PDF, 3 MB) (to be delivered)

From:  City Manager

Recommendation:  Adopt a Resolution: 1) approving the Engineer’s Report; 2) setting a public hearing for July 20, 2004; 3) authorizing the City Clerk to mail notices and ballots to all owners of parcels proposed to be assessed within the proposed Thousand Oaks Height AFUUD No. 1 Undergrounding District; and 4) establishing assessment ballot proceedings procedures.

Contact:  Rene Cardinaux, Public Works, 981-6300

18.  Union Pacific Noise (PDF, 507 KB)

From: Councilmember Maio

Recommendation:  Direct the City Manager to make a formal request to Union Pacific to mitigate excessively loud and long horn blowing by their trains, particularly at night.

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

19.  Fee Waiver: Himalayan Fair (PDF, 56 KB)

From: Councilmembers Maio and Spring

Recommendation:  Adopt a Resolution waiving fees for two 20-yard dumpsters for the Himalayan Fair.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Dona Spring, Councilmember District 4, 981-7140

20.  Presentation:  Impacts of UC Long Range Development Plan on Neighborhoods (PDF, 53 KB)

From:  Councilmember Spring

Recommendation:  Allow a 15-minute presentation from members of the Coalition of UC neighborhoods called Berkeleyans for a Livable University Environment (BLUE) on the environmental impacts to them from the University of California’s proposed Long Range Development Plan (LRDP).

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

21.  Exempting Public Transit from ERAF Budget Shift (PDF, 143 KB)

From:  Councilmember Hawley

Recommendation:  Send a letter to Governor Schwarzenegger urging the exemption of public transit, including AC Transit and BART, from the ERAF (Educational Revenue Augmentation Fund) shift proposed in the Governor’s budget proposal.

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

22.  Appointment to Human Welfare Community Action Commission

a.      From: Human Welfare Community Action Commission (PDF, 178 KB)

Recommendation:  Adopt a Resolution confirming the appointment of Ms. Theda M. McNeal (District 2) as an elected representative of the poor filling a vacant term for a term ending December 30, 2004.

Contact: Kristen Lee, Secretary, 981-5427

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 Calendar – Appeals

23.  2300 Shattuck Avenue (Longs Drugs) - Denial of a Use Permit to Allow the Retail Sales of Alcoholic Beverages

a.      From: City Manager (PDF, 14 MB)

Recommendation:  Adopt a Resolution affirming the Zoning Adjustment Board’s denial of a Use Permit (one of several permits under case #03-10000077) to allow the alcoholic beverage retail sales at Longs Drugs, 2300 Shattuck Avenue, and dismissing the appeal.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Chris Finn on Behalf of Longs Drugs (PDF, 670 KB)

c.       Communications (PDF, 515 KB)

1.      Chris Finn, Longs Drugs of California, Inc.

2.      Mary Ross B, Robbie Snuggs, Pavla Mikula, and Alan B. M, submitted by Chris Finn.

24.  1340 Sixth Street - Denial of Use Permits to Allow Construction and Operation of a Warehouse and Demolition of a Duplex

a.      From: City Manager 

Recommendation:  Adopt a Resolution remanding Use Permit #02-10000026 to the Zoning Adjustments Board to consider new information submitted by the applicant regarding denial by the Zoning Adjustments Board to approve use permits to allow construction and operation of a warehouse and demolition of a duplex.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal

1.      Edward J. Levitch, AIA on Behalf of Ken David (PDF, 133 KB)

c.       Communications

1.      Edward J. Levitch (PDF, 2 MB)

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

25.  Quarterly Report on Employee Safety and Workers' Compensation (PDF, 1 MB) (CF 07-04)(Held over by Councilmember Wozniak from April 20, 2004)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

26.  Support Resolution “Welcome Home Veterans” (PDF, 55 KB) (held over from April 20, 2004 by Councilmember Worthington)

From: Councilmember Worthington

Recommendation:  Support Resolution “Welcome Home Veterans”, acknowledging and honoring several people from different City departments as well as Berkeley residents who served in Afghanistan and Iraq.

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

 

Action Calendar – Ballot Measures

27.  Ballot Measure:  Public Financing of Elections (PDF, 3 MB) (CF 32-04)

From: City Manager

Recommendation:  Provide comments to the City Attorney on the text, title and City Attorney’s analysis of a ballot measure (charter amendment) for the November 2004 ballot to provide for public financing of elections.

Financial Implications: Fair Elections Fund – $1.8 million.

Contact: Manuela Albuquerque, City Attorney, 981-6950

28.  Ballot Measure:  Change Date of Mayoral Election (PDF, 171 KB) (CF 23-04)

From:  City Manager

Recommendation:  Provide comments to the City Attorney on the text, title and City Attorney’s analysis of a ballot measure (charter amendment) for the November 2004 ballot to change the date of the mayoral election to coincide with the presidential election and make conforming changes to the term of the office of mayor.

Financial Implications:  See report.

Contact: Manuela Albuquerque, City Attorney, 981-6950

29.  Ballot Measures:  Revenue Measures (PDF, 2 MB)

From:  City Manager

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

Financial Implications:  See report.

Contact:  Arrietta Chakos, City Manager, 981-7000

30.  Ballot Measure:  Amendments to the Rent Stabilization and Eviction for Good Cause Ordinance

a.      From:  Rent Stabilization Board (PDF, 3 MB)

Recommendation:  Follow recommendations of the Rent Stabilization Board and the 4x4 Joint Committee on Housing and direct the City Attorney to prepare a ballot measure for the November 2004 ballot that would amend Berkeley Municipal Code Chapter 13.76, the Rent Stabilization and Eviction for Good Cause Ordinance.

Contact:  Stephen Barton, Housing, 981-5410; Jay Kelekian, Rent Board, 644-6128

b.      From:  4x4 Joint Committee on Housing (PDF, 273 KB)

Recommendation:  Follow the recommendations of the Rent Stabilization Board and the 4X4 Joint Committee on Housing and direct the City Attorney to prepare the title, text and analysis of a ballot measure for the November 2004 ballot that would amend Berkeley Municipal Code Chapter 13.76, the Rent Stabilization and Eviction for Good Cause Ordinance as recommended in the report.

Contact:  Stephen Barton, Housing, 981-5410; Jay Kelekian, Rent Board, 644-6128

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

Recommendation:  The City Manager concurs with the content and recommendations of the Rent Board and 4x4 Joint Committee on Housing.

Contact:  Stephen Barton, Housing, 981-5410

31.  Ballot Measure:  Off Street Parking Tax

a.      From: Transportation Commission (PDF, 250 KB)

Recommendation:  Place on the November 2004 ballot a general tax measure an increase of the off street parking tax from 10% to 20% effective January 1, 2005.

Financial Implications:

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager (PDF, 57 KB)

Recommendation:  Refer to Council’s discussion regarding ballot measures and budget process.

Contact: Peter Hillier, Transportation, 981-7010

 

FY 2005 and FY 2006 Budget Related Matters

32.  FY 2005 Budget and FY 2006 Budget Reduction Plan (HTML, opens in new browser window)

From:  City Manager

Recommendation:  Council discussion and input on FY 2005 Budget  and FY 2006 Budget Reduction Plan as proposed by the City Manager.

Contact:  Phil Kamlarz, City Manager, 981-7000

33.  FY 2005 Homeless Funding

a.      From: Homeless Commission (PDF, 245 KB)

Recommendation:  Adopt a Resolution: 1) reaffirming Council’s commitment to maintain funding to homeless programs; and 2) allocating any additional funds to create new permanent housing with supportive services and to assist currently funded agency programs at risk of substantially reducing services.

Financial Implications: General Funds – $1,471,722 (Revenue Neutral)

Contact: Jane Micallef, Secretary, 981-5426

b.      From: City Manager (PDF, 799 KB)

Recommendation:  Reprogram funds allocated to programs in FY 2004, as stated in the report, that are: 1) no longer providing services; or 2) could absorb small cuts and continue to operate; or 3) do not produce the kinds of outcomes we are looking for.  With these reprogrammed funds, we would reinvest in intensive services targeting South Berkeley and provide intensive case management services linked to housing for chronically homeless and disabled individuals.

Contact: Stephen Barton, Housing, 981-5400

Information Reports

34.  First-Time Homebuyers Assistance Program (PDF, 3 MB) (CF 65-03)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

35.  Landmarks Preservation Commission Notice of Decision: 2509-13 Telegraph Avenue - Landmark Designation (PDF, 5 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

36.  Landmarks Preservation Commission Notice of Decision: 2105 Fifth Street - Approval of Structural Alteration Permit (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

 

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.

Chicken Pox and Berkeley Unified School District

1.      Nora Akino and Hans Wendl, Phillip Dedlow and Viki von Lackum, Edi Mottershead

2.      Phillip Dedlow

Opposition to UC Long Range Development Plan

3.      John Caner, Willard Neighborhood Association 

4.      Sharon Hudson

Downtown Hotel/Conference Center Task Force

5.      Elyce Judith, Strawberry Creek Restoration Project

6.      Allen Freeman

7.      Juliet Lamont

8.      Steve Geller

Ohlone Dog Park

9.      21 Petition Signatures opposing restricted hours.

State Law and Density Issues - SB 744

10.  Barbara Gilbert

Hadley v. Williams

11.  Anne Whyte

Creek Ordinance

12.  Elizabeth C. Burrell and Robert J. Burrell

Chateau Co-op on Hillegass and Parker

13.  Robert C. Baum, Blake and California Neighborhood Association

Don Lee – Retail Space on Solano Avenue

14.  Lisa Bullwinkel, Solano Avenue Association

No Sunshine for Interested Berkeley Residents

15.  Barbara Gilbert

 

Adjournment