Regular Meeting eAgenda
June 15
, 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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 15, 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.      R-1A District Density Clarification (PDF, 56 KB) (First Reading June 8, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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

2.      Minutes  (PDF, 3 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of May 18, 2004 (special and regular); May 24, 2004 (closed); May 25, 2004 (special and regular); and June 1, 2004 (closed and special).

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

3.      Contract: Administrative Hearing Services (PDF, 189 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with California Community Dispute Services (CACDS) increasing the amount by $15,000 for a total not to exceed $37,500 to provide administrative hearing services for the period July 1, 2003 through June 30, 2004.

Financial Implications: See report.

Contact: Arrietta Chakos, City Manager, 981-7000

4.      Assessment: North Shattuck Business Improvement District (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving Fiscal Year 2004 Annual Report of the North Shattuck Business Improvement District (BID), 2) declaring intention to levy an annual assessment for the North Shattuck BID for FY 2005; and 3) scheduling a public hearing for July 20, 2004, to consider levying a renewed assessment for FY 2005.

Financial Implications: BID Revenue – $160,000.

Contact: Tom Myers, Economic Development, 981-7530

5.      Contract:  UC Berkeley Fiscal Impact Study (PDF, 273 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing an amendment to the contract with Economic & Planning Systems, Inc. to increase the amount by $10,000 for a total amount not to exceed $59,300 for the UC Berkeley Fiscal Impact Study.

Financial Implications:  General Fund - $10,000.

Contact:  Grace Maguire, City Manager, 981-7000

6.      Formal Bid Solicitations and Requests for Proposals (PDF, 344 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 – $1,101,000.

Contact: Fran David, Finance, 981-7300

7.      Wildland Urban Interface Fires  (PDF, 282 KB)

From: City Manager

Recommendation: Adopt a Resolution supporting a joint League of California Cities State Association of Counties plan to decrease impacts on public health and safety resulting from wildland urban interface fires.

Financial Implications: None.

Contact: Reginald Garcia, Fire, 981-5500

8.      Contract: Emergency Services for Residents with Severe Disabilities (PDF, 302 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Easy Does It to provide emergency services to residents with severe disabilities for the period July 1, 2004 through June 30, 2005 in an amount not to exceed $704,793; and approving an option to extend the term an additional year contingent upon a satisfactory performance evaluation after nine months.

Financial Implications: Measure E Tax Fund – $704,793.

Contact: Stephen Barton, Housing, 981-5400

9.      Contract: Berkeley Community Media (PDF, 263 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to 1) extend the contract with Berkeley Community Media (BCM) for operating a facility for public, education, and a government access television facility to June 30, 2008; 2) increasing the amount of the annual allocation by $10,000 for a total not to exceed $260,000 for FY 2005, subsequent amounts to be determined by annual Council Resolution; and 3) reimburse BCM capital outlays totaling $100,000 from Comcast contributions for PEG equipment as part of the cable franchise agreement.

Financial Implications: General Fund - $232,000; Permit Service Center – $17,500; PEG - $100,000.

Contact: Chris Mead, Information Technology, 981-6500

10.  Contract: Computer Network Upgrades (PDF, 176 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with AMS.NET for computer network upgrades by: 1) increasing the amount by $50,000 for a total not to exceed $649,000; and 2) extending the contract period to June 30, 2005.

Financial Implications:  General Fund – $50,000.

Contact: Chris Mead, Information Technology, 981-6500

11.  Purchase Order: Evidence Testing (PDF, 231 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) increase purchase order 47223 by $35,000 for a total not to exceed $60,000 to Alameda County Criminalist Laboratory for evidence testing and analysis for FY 2004; and 2) establish an annual purchase order in an amount not to exceed $60,000 per year to continue evidence testing and analysis for FY 2005 and FY 2006.

Financial Implications: General Fund – $35,000.

Contact: Roy Meisner, Police, 981-5700

12.  Purchase Order: Deoxyribonucleic Acid (DNA) Testing (PDF, 229 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) increase purchase order 46635 by $20,000 for a total not to exceed $45,000 to Forensic Analytical Laboratory for DNA testing and analysis for FY 2004; and 2) establish an annual purchase order in an amount not to exceed $45,000 per year to continue DNA testing and analysis for FY 2005 and FY 2006.

Financial Implications:  General Fund ‑ $20,000.

Contact: Roy Meisner, Police, 981-5700

13.  Contract: Security Guard Services at 1947 Center Street and 2180 Milvia Street (PDF, 471 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with National Security Services for security guard services at 1947 Center Street and 2180 Milvia Street for the period of July 1, 2004 through June 30, 2005 in an amount not to exceed $108,360; and approving options to extend the contract for three additional one-year periods in a total amount not to exceed $348,792 at the City’s discretion.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

14.  Grant: Beverage Container Recycling (PDF, 641 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a request to the California Department of Conservation to extend the term of their grant six months to December 31, 2004, and to execute any amendments.

Financial Implications: Grant – $40,000.

Contact: Rene Cardinaux, Public Works, 981-6300

15.  Mandatory Microchipping of Animal Shelter Cats and Dogs

a.      From: Citizens Humane Commission (PDF, 460 KB)

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 10.04.032A by deleting Section A (2), “offering free elective microchipping for animals adopted from the shelter”, and adding Section 10.04.207 requiring all impounded dogs and cats adopted or returned to owner to be microchipped before leaving the Animal Shelter and at the expense of the person taking possession of the animal subject to exceptions.

Financial Implications: Revenue Neutral.

Contact: Kate O’Connor, Secretary, 981-6601

b.      From: City Manager (PDF, 53 KB)

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

Contact: Jim Hynes, City Manager, 981-2493

16.  State Minimum Wage Proposal (CF 12-04)

a.      From: Commission on Labor (PDF, 1 MB)

Recommendation: Send a letter to Assemblywoman Judy Chu, chair of the Appropriations Committee, and Assemblywoman Loni Hancock in support of California Assembly Bill (AB) 2832 which would raise the statewide minimum wage to $7.25 as of January 1, 2005 and $7.75 as of January 1, 2006; and direct the City’s lobbyists to engage in support activities for the passage of AB 2832.

Financial Implications: None.

Contact: Delfina M. Geiken, Secretary, 981-7551

b.      From: City Manager (PDF, 54 KB)

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

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

Action Calendar – Public Hearing

17.  Street Lighting Assessment District No. 1982-1 (PDF, 407 KB) (to be delivered)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming diagrams, assessments, and levying assessment for the Street Lighting Assessment District 1982-1 for FY 2005.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300.


Action Calendar – Public Hearing – Budget

18.  Budget  (see Budget Book)

a.      From: City Manager (HTML, opens in new browser window)

Recommendation:  Conduct a public hearing on the City Manager’s proposed Budget for FY 2005 and the FY 2006 Budget Reduction Plan and any amendments proposed by the City Council.  The Council will adopt the FY 2005 Budget on June 22, 2004.

Contact: Tracy Vesely, City Manager, 981-7000.

b.      From:  Mayor Bates (PDF, 2 MB)

Recommendation:  Consider amendments to the City Manager’s proposed Budget for FY 2005 as proposed in the enclosed report dated June 8, 2004.

Contact:  Tom Bates, Mayor, 981-7100

c.       From:  Councilmember Spring (PDF, 364 KB)

Recommendation:  Refer to the FY 2005 budget process the restoration of funding to the following community organizations:  Berkeley Drop In Center - $88,500; Berkeley Food and Housing Project, Quarter Meal - $53,000; Jobs for the Homeless - $19,000; Hobitot - $25,000; additional funding for Traffic Circles - $50,000; and funding for Creek Restoration.

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


Action Calendar – Appeals

19.  Appeal:  3000 Shasta Road

a.      From:  City Manager (PDF, 12 MB)

Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board’s approval of Use Permit modification #04-70000022 to Use Permit 01-10000057 for the proposed fire station at 3000 Shasta Road and dismissing the appeal.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal (PDF, 433 KB)

1.      Andrea and Peter Cukor

c.       Communications

1.      None.


Action Calendar – Public Hearing – Fees

20.  Ambulance User Fees  (PDF, 390 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing the Ambulance User fees to match the Alameda County Board of Supervisors’ approved ambulance fee schedule, included as an updated addendum to Provider Service Agreement.

Financial Implications: See report.

Contact: Reginald Garcia, Fire, 981-5500

21.  Fire Permit and Annual Inspection Fees (PDF, 1 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution establishing Fire Permit and Annual Inspection fees for FY 2005 effective August 16, 2004 and rescinding Resolution No. 62,060–N.S.

Financial Implications: See report.

Contact: Reginald Garcia, Fire, 981-5500

22.  Marina Fees (PDF, 365 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving revisions to the rate schedule in the Marina by increasing base berth rates and rescinding Resolution No.62,064–N.S.

Financial Implications: See report.

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

23.  Burglar and Holdup False Alarm Administrative Fees (PDF, 269 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing the fees for false burglar and holdup alarms and rescinding Resolution No. 55, 875–N.S.

Financial Implications: See report.

Contact: Roy Meisner, Police, 981-5700

24.  Animal Care Shelter Fees

a.      From: Citizens Humane Commission (PDF, 412 KB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing dog and cat adoption fees and rescinding Resolution No. 62,058–N.S. 

Financial Implications:  See report.

Contact: Kate O’Connor, Secretary, 981-6601

b.      From: City Manager (PDF, 59 KB)

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

Contact: Jim Hynes, City Manager, 981-2493


Action Calendar – Old Business

25.  City’s Response to University of California, Berkeley Long Range Development Plan (LRDP) Draft Environmental Impact Report (DEIR) and Draft Fiscal Impact Report  (Held over from June 8, 2004)

a.      From: City Manager (PDF, 711 KB)  (June 8, 2004 Report)

Recommendation:  Provide guidance to the City Manager regarding the City’s response to the University’s Long Range Development Plan DEIR.

Contact: Arrietta Chakos, City Manager, 981-7000

b.      Supplemental Report from City Manager (PDF, 680 KB) (to be delivered)

Contact:  Arietta Chakos, City Manager, 981-7000


Action Calendar – New Business

26.  Fee Waiver: Center for the Education of Infant Deaf (CEID) (PDF, 179 KB)

From: City Manager

Recommendation:  Deny the request from Center for the Education of Infant Deaf (CEID) to refund $6,038 in zoning fees and waive $70,928 in building permit fees for new construction at 1035 Grayson.

Financial Implications: Lost Revenues to Permit Service Center Fund – $76,966.

Contact: Dan Marks, Planning, 981-7400

27.  Corporate Constitutional Rights

a.      From: Peace and Justice Commission (PDF, 325 KB)

Recommendation: Adopt a Resolution: 1) supporting an amendment to the United States and California Constitutions to declare that corporations are not granted the protections or rights of persons, and declare that the expenditure of corporate money is not a form of constitutionally protected speech; and 2) direct the City Manager to send a copy of this Resolution to our state and federal government representatives including Governor Arnold Schwarzenegger, Majority and Minority Leaders of the California Senate Don Perata and James Brulte, California Assemblymember Loni Hancock, United States Senators Barbara Boxer and Dianne Feinstein, and United States Representative Barbara Lee.

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager (PDF, 50 KB)

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

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


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.      Mark Wieder

2.      Louise Marquis

3.      Shanna Haines

4.      Honor Thompson

5.      Gerry Kaplan

6.      Eric Hammerquist, Terri Cordrey, Gary Pinsky, Ben Chica, Karen Rockard, Jan Hammerquist, Julie Guilfog

Corporate Constitutional Rights

7.      PhoeBe ANNE (sorgen) (2)

8.      Cynthia Johnson, Berkeley Fellowship of Unitarian Universalists

9.      Gail Daly, Patricia Kovner, Chris Skyhawk, Greg Krouse, Lynda McClure, Maria Brook – Green Party of Mendocino County

10.  Rev. Sandra Decker

11.  Helen Knox

12.  Sam Adams

13.  Frances Hillyard

14.  Georgina Oram

Bicycle Collision with Vehicle at Gilman & Eastshore

15.  Jason Meggs

Tree Removal on Hearst

16.  Jane Kelly

Storage Locker Program

17.  Jim Hultman

18.  Kriss Worthington

Parking Structure for David Brower Center

19.  Shelley Candelario

Berkeley Opera – Civic Arts Commission Arts and Culture Plan

20.  Helen Burke, Berkeley Opera Board of Directors

University Avenue Pedestrian Improvements

21.  Wendy Alfsen, Walk&Roll Berkeley

Seattle Considers City-Wide Wireless Networks. Why not Berkeley?

22.  Anne Whyte


Adjournment