Regular Meeting eSummary
June 8
, 2004

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 8, 20047:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:00 p.m. All present.

Ceremonial Matters:

1.      Proclaiming June as Affordable Housing Month.

Action:  Proclamation presented.

City Manager Comments:  The new Codornices playground is ready for use.  A ceremony will be held Saturday, June 12, 2004, from 10:30 A.M. to 12:00 P.M.  Refreshments will be served; Councilmember Olds and City staff will be present for the ceremony.

Public Comment:  11 speakers.

Youth Comments:  3 speakers.


Consent Calendar

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

1.      Needle Exchange (PDF, 165 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. 62,506–N.S. (PDF, 102 KB)

2.      Contract: Enterprise Content Management System (PDF, 771 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with ImageSource, Inc. for purposes of implementing and expanding an enterprise content management system as follows:  1) increasing the scope of services and for the purchase of software and hardware to complete Phase I implementation in an amount not to exceed $40,000; 2) purchasing of additional software licenses for Phase II implementation in an amount not to exceed $80,000; and 3) payment of software assurance for 50 concurrent licenses for the term of the contract period of five years from November 30, 2003 through June 30, 2009 in an amount not to exceed $300,000 for a total new contract amount of $720,000.

Financial Implications:  General Fund - $420,000.

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

Action: Adopted Resolution No. 62,507–N.S. (PDF, 122 KB)

3.      Telegraph Property and Business Improvement District Assessment for FY 2005 (PDF, 572 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the Annual Assessment Report on the Telegraph Property and Business Improvement District for FY 2004; 2) declaring an intention to levy special assessments in the District for FY 2005; and 3) setting a public hearing on the levy of assessments for July 20, 2004.

Financial Implications:  BID Revenue - $231,000.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,508–N.S. (PDF, 179 KB)

4.      Appropriations Limit for FY 2005 (PDF, 231 KB)

From: City Manager

Recommendation:  Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for FY 2005 at its meeting of June 22, 2004; and 2) the amount of the limit and background material used in its calculation will be available for public review in the City Clerk Department on or before June 7, 2004.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

Action: Adopted Resolution No. 62,509–N.S. (PDF, 81 KB)

5.      Formal Bid Solicitations and Requests for Proposals (PDF, 357 KB)

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issue; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds – $1,191,000.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

6.      Contract: Rescue Systems I Training (PDF, 180 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Industrial Emergency Council to provide Rescue Systems I training for the Fire Department through a Federal Emergency Management Agency (FEMA) grant from June 9, 2004 to June 30, 2005 in an amount not to exceed $58,410.

Financial Implications: FEMA Grant – $58,410.

Contact: Reginald Garcia, Fire, 981-5500

Action: Adopted Resolution No. 62,510–N.S. (PDF, 83 KB)

7.      Grant:  Federal Emergency Management Agency Assistance to Firefighters (PDF, 315 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $189,875 to fund a Type III firefighting engine ($271,250) for use in fighting potentially catastrophic fires in the urban/wildland interface.

Financial Implications: FEMA Grant - $189,875; City match - $81,375.

Contact: Reginald Garcia, Fire, 981-5500

Action: Adopted Resolution No. 62,511–N.S. (PDF, 71 KB)

8.      Contract: Bus Transportation for Summer Programs (PDF, 179 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Unified School District (BUSD) for bus transportation for summer recreation and day camp programs in an amount not to exceed $55,000 annually, for a three year period, beginning July 1, 2004 and ending June 30, 2007.

Financial Implications: Berkeley Day Camp, Recreation Programs, and Young Adult Project Budgets – $165,000 for three years.

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

Action: Adopted Resolution No. 62,512–N.S. (PDF, 72 KB)

9.      Contract: Straw Bale Building at Shorebird Park (PDF, 201 KB)

From: City Manager

Recommendation:  Adopt a Resolution increasing the City Manager’s expenditure authority by $20,000 for a new amount not to exceed $416,000 for construction of the Straw Bale Building at Shorebird Park.

Financial Implications: Marina Capital Projects Fund – $20,000.

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

Action: Adopted Resolution No. 62,513–N.S. (PDF, 69 KB)

10.  Contract: Hazardous Vegetation Reduction (PDF, 362 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in an amount not to exceed $57,401 for the remainder of the contract term, which expires on June 30, 2004.

Financial Implications: Parks Tax Fund – $57,401.

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

Action: Adopted Resolution No. 62,514–N.S. (PDF, 74 KB)

11.  R-1A District Density Clarification (PDF, 262 KB)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.20.070B, clarifying that an R-1A zoned lot must contain at least 4,500 square feet of lot area in order to establish two units.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted first reading of Ordinance. Second reading scheduled for June 15, 2004.

12.  Contract: Sanitary Sewer Project (PDF, 547 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Grizzly Peak Boulevard, Bonita Avenue, Henry Street, Cedar Street, Walnut Street, Shattuck Avenue, Durant Avenue, Bancroft Way, Bowditch Street and Warring Street; 2) accepting the bid of McNamara and Smallman Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,157,273 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Fund – $1,57,273.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,515–N.S. (PDF, 136 KB)

13.  Grant: Transportation Development Act Article 3 Fund Allocations for Bicycle and Pedestrian (PDF, 834 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to submit a grant application for $64,281 to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in FY 2004-2005 for Bicycle Safety Education and Pedestrian Planning, authorizing the City Manager to accept the grant, execute any resultant agreements and amendments, and authorize the implementation of the projects and 2) declaring that the City is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

Financial Implications: Grant – $64,281.

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,516–N.S. (PDF, 658 KB)

14.  BART Parking and Validation Programs

a.      From: Transportation Commission (PDF, 398 KB)

Recommendation:  Adopt a Resolution urging BART to charge all single occupancy vehicles without disabled placards a parking fee at Ashby and North Berkeley BART stations and urge BART to revitalize their parking validation program at North Berkeley Station and to implement a new parking validation program at the Ashby Station.

Financial Implications: Unknown.

Contact: Peter Hillier, Secretary, 981-7101

b.      From: City Manager (PDF, 194 KB)

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

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,517–N.S. (PDF, 120 KB)

15.  Elmwood Theater Business Improvement Area Assessments for FY 2005

a.      From: Elmwood Advisory Board (PDF, 697 KB)

Recommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2004; declaring and intention to levy annual assessments in the Improvement Area for FY 2005; and 3) setting a public hearing on the levy of assessments for July 20, 2004.

Financial Implications: BID Revenue - $19,500.

Contact: Tom Myers, Secretary, 981-7530

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

Recommendation:  The City Manager concurs with the recommendations of the commission.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,518–N.S. (PDF, 190 KB)

Action Calendar – Appeals

16.  515 Spruce Street

a.      From: City Manager (PDF, 765 KB)

Recommendation: Adopt a Resolution dismissing the appeal and affirming the decision of the Zoning Adjustments Board (ZAB) approving an Administrative Use Permit (AUP) to construct a Major Residential Addition at 515 Spruce Street.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal (PDF, 3 MB)

1.      Daniel L. Sanders

2.      Alan Lifshay, M.D.

3.      Sigvor Hamre Thornton

4.      Dorothy Anneser

5.      Herman Kahn

c.       Communication (PDF, 1 MB)

1.      S. Bornhonesque

2.      Michael Tubach and Amrita Singhal

3.      Muriel and Martin Paley

4.      Wilson F. Wendt

Actions:  Moved, seconded, failed (Olds/Spring; Noes–Breland, Shirek, Hawley, Worthington, Wozniak, Bates; Abstain–Maio) to remand the matter to the Zoning Adjustments Board for a public hearing.

Moved, seconded, carried (Wozniak/Hawley; Noes–Spring, Olds; Abstain–Maio) to adopt Resolution No. 62,519– N.S. (PDF, 846 KB) affirming the decision of the Zoning Adjustments Board and dismissing the appeals.

 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.  Elimination of Community Service Program (PDF, 270 KB) (Held over from May 25, 2004)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to limit community service as an option in lieu of payment for up to five parking citations in one fiscal year to Berkeley registered vehicle owners who qualify as low income; and to allow this only if the request is made within the original bail amount period of each citation.

Financial Implications:  Revenue - $250,000 annually.

Contact: Fran David, Finance, 981-7300

Action: Moved, seconded, carried (Maio/Breland) to adopt Resolution No. 62,520– N.S. (PDF, 61 KB) with a request for a report back within six months.

Action Calendar – New Business

18.  City’s Response to University of California, Berkeley Long Range Development Plan (LRDP) Draft Environmental Impact Report (DEIR) and Draft Fiscal Impact Report (PDF, 711 KB) (to be delivered)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

Action:  Held over until June 15, 2004 at the request of the City Manager.

19.  Ballot Measure:  Public Financing of Elections (PDF, 3 MB) (to be delivered)

From: City Manager

Recommendation:  Provide comments to the City Attorney on the revised 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

Actions: Moved, seconded, carried (Worthington/Maio; Noes – Hawley, Olds) to direct staff to bring back revised text on June 15, 2004 based on Council comments.

Moved, seconded, carried (Wozniak/Worthington) Council’s intent for the Fair Campaign Practices Commission and City Council to review the program in March following the first four-year election cycle at which grants are provided to council candidates.

Action Calendar – Budget

20.  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

Action: Discussion continued to meeting of June 15, 2004 with Council comments and suggestions to be submitted to the City Manager over the next week.

21.  Citizens Budget Review Commission’s Budget Recommendations (PDF, 421 KB) (to be delivered)

a.      From: Citizens Budget Review Commission

Recommendation: As a partial strategy to deal with the budget crisis the Commission urges the Council to:  1) state unambiguously that in negotiations with employee unions, the City will seek to have the employee portion of retirement costs, which is entirely paid by the City, transferred to the individual employee; 2) publicly call upon unions that represent City employees to enter into renegotiations with goal of settling before the next election at which new taxes will be proposed; and 3) delete from the “guidelines” adopted on March 23, 2004, the policy relating to minimizing layoffs and in put a policy in place that calls for layoffs to be made where necessary to bring costs into line with available revenues.

Contact: Tracy Vesely, Secretary, 981-7000

b.      From: City Manager

Recommendation:  Refer the commission’s recommendations to the budget process.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved, seconded, carried (Worthington/Maio) to refer the Commission’s recommendations to the budget process.

22.  FY 2005 Community Agency Funding

a.      From: Human Welfare Community Action Commission (PDF, 483 KB)

Recommendation:  Adopt a Resolution to make strategic cuts to certain community agencies while maintaining all other funding to community agencies serving low-income individuals and families.

Financial Implications: General Fund – $57,124 savings.

Contact: Kristen Lee, Secretary, 981-5427

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

Recommendation:  Refer the commission’s recommendations to the budget process.

Contact: Stephen Barton, Housing, 981-5400

Action:  Moved to Consent Calendar by Councilmember Worthington to refer recommendations to the budget process.

23.  Transportation Commission Procedures and Protocols

a.      From: Transportation Commission (PDF, 247 KB)

Recommendation:  Direct staff to: 1) refer all transportation-related items, including items requiring Council decision or which come before another commission, to the Transportation Commission, according to procedure established in Resolutions 60,504–N.S. and 55,751–N.S. and provide background information on those items in advance of Commission meetings; 2) institute a three week deadline for communication when practical from Commission to Council while ensuring sufficient Council consideration; and 3) cover the communication protocol in commissioner trainings conducted by the City Manager’s office.

Financial Implications: None.

Contact: Peter Hillier, Secretary, 981-7101

b.      From: City Manager (PDF, 196 KB) (to be delivered)

Recommendation:  The City Manager does not concur with the recommendations of the Commission.

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved, seconded, carried (Wozniak/Worthington) to refer the issues raised by the Transportation Commission back to the Transportation Commission and Councilmember Worthington so they may work in conjunction with one another in order to develop a proposal for Council consideration.

24.  Proposed Budget Cuts to Parks Recreation & Waterfront Youth Programs

a.      From: Youth Commission (PDF, 188 KB)

Recommendation:  Do not make the proposed budget cuts to the Recreation Youth programs for FY 2004-2005. However, if cuts are made, priority should be made to maintain funding for the following: 1) all teen programs in the recreation and youth budgets; 2) swimming at no cost for youth enrolled in summer fun camps; 3) operation of only one swimming pool during the winter months to save costs.

Financial Implications: All Recreation and Youth Programs – $800,000; Priority
programs – $50,000.

Contact: Phil Harper-Cotton, Secretary, 981-6671

b.      From: City Manager (PDF, 51 KB)

Recommendation:  The City Manager recommends referring the report to the budget process.

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

Action:  Moved to Consent Calendar by Councilmember Worthington to refer the recommendations to the budget process.

Information Reports

25.  Investigation of Problems Using Touch Screen Voting Equipment (PDF, 10 MB)

From: City Manager

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Received and filed.

26.  Landmarks Preservation Commission Notice of Decision: 2211 Fifth Street - Disapproval of Application to Designate Structure of Merit (PDF, 435 KB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

27.  Landmarks Preservation Commission Notice of Decision: 2222 Shattuck Avenue - Approval of Structure Alteration Plan (PDF, 658 KB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

28.  Major Residential Addition Policy Interpretations (PDF, 1 MB) (CF 32-03, 41-03, 46-03)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Moved to the Action Calendar by Councilmember Spring to be scheduled for a future date.

29.  Planning Commission Review of Potential Hotel/Conference Center (PDF, 93 KB) (CF 76-03)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

30.  Library Purchasing and Accounts Payable Audit (PDF, 2 MB)

From: City Auditor

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

Action: Moved to the Action Calendar by Councilmember Wozniak to be scheduled for a future date.

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.

Ohlone Dog Park

1.      Jim Storey

2.      Philip V. Hull

3.      Cheryl Crane

4.      Karen Tanner

5.      Michael Isaacs

6.      Carol J. Whitehurst

7.      Julia Chung

8.      Amy R. Riker (2)

9.      Mary Ann Botnes

10.  Elayne Isaacs

11.  Bruno

12.  Reilly

13.  Suzanne Biley

14.  Angela D. Wood, People Responsible in Dog Exercise

15.  Ellen Hauptli, Adele Leporati, Elizabeth Loyd, Sudi Azadeh, Conor Chung, Virginia Mulla, Mary Deurey-Wagner, Mia Okinaka, John Young, Jaqueline Wagner, Emily Duffy, Charles Sleackison, Rod Buehler, Debra Safren, Elizabeth Ruttes, J.H.V., Cluadia Vin Vacano.

Truck Kills Professor on UC Campus

16.  Jason Meggs

Merging of Solid Waste Management Commisssion and Public Works Commission

17.  Howard Chong

Dangerous Conditions of Public Property

18.  Anne Whyte  (Spring; Breland)

Bicycle Boulevards

19.  Hank Resnik

Noisy Garbage Collection before 7am

20.  Anne Marselis, Saint John’s Neighbors

University Avenue Zoning

21.  Jeff Hobson

22.  Lynda Winslow  (Spring)

Parking for Brower Center

23.  Richard Register  (Spring)

24.  Emily Sadigh

University Avenue Pedestrian ADA & BMC Violations

25.  Wendy Alfsen, Walk&Roll Berkeley

Residential Parking Permit – Unfair ticketing

26.  Janet W. Cox  (Spring)

Prosecuting Drug Crime

27.  Sam Herbert (2)  (Spring)

28.  Indigo  (Breland)

29.  Carla deHaas  (Breland)

San Francisco Pan Handling Law

30.  Anne Whyte  (Breland)

New Fire House

31.  Doris Nassiry
 

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

Item 16: 515 Spruce Street ~ Complete Supplement File (PDF, 5 MB)

32.  Bill Smoot

33.  Michael Tubach and Amrita Singhal

34.  Alan Lifshay

Item 18: City’s Response to University of California, Berkeley Long Range Development Plan (LRDP) Draft Environmental Impact Report (DEIR) and Draft Fiscal Impact Report

35.  Linda Craig and Nancy Bichel, League of Women Voters of the Bay Area

36.  Tom Lollini

Item 19: Ballot Measure:  Public Financing of Elections

37.  T.R. Edlin

FY 2005 Budget and FY 2006 Budget Reduction Plan

38.  Supplemental Information Report, submitted by City Manager department (PDF, 1 MB)

39.  Proposal, submitted by Mayor Bates (PDF, 2 MB)

40.  Recommendations submitted by Councilmember Spring (PDF, 364 KB)

41.  Steve Yoshimura


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

FY 2005 Budget and FY 2006 Budget Reduction Plan

42.  Berkeley READS


Adjournment

Adjourned at 9:53 p.m.