Regular Meeting eSummary
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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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 15, 20047:00 p.m.

 

Preliminary Matters

Roll Call:  7:45 p.m.  All present.

Ceremonial Matters: None.

City Manager Comments:  Announced the grand opening of the Straw Bale Building this Saturday.

Public Comment:  15 speakers.


Consent Calendar

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

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

Action: Adopted Ordinance No. 6,806–N.S. (PDF, 72 KB) Effective July 15, 2004

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

Action: Approved minutes (Abstain – Breland on May 24 and May 25 closed).

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

Action: Adopted Resolution No. 62,521–N.S. (PDF, 72 KB)

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

Action: Adopted Resolution No. 62,522–N.S. (PDF, 1 MB)

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

Action: Adopted Resolution No. 62,523–N.S. (PDF, 92 KB)

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

Action: Approved recommendation.

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

Action: Adopted Resolution No. 62,524–N.S. (PDF, 196 KB)

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

Action: Adopted Resolution No. 62,525–N.S. (PDF, 88 KB)

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

Action: Adopted Resolution No. 62,526–N.S. (PDF, 85 KB)

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

Action: Adopted Resolution No. 62,527–N.S. (PDF, 68 KB)

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

Action: Adopted Resolution No. 62,528–N.S. (PDF, 85 KB)

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

Action: Adopted Resolution No. 62,529–N.S. (PDF, 84 KB)

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

Action: Adopted Resolution No. 62,530–N.S. (PDF, 115 KB)

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

Action: Adopted Resolution No. 62,531–N.S. (PDF, 62 KB)

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

Action: Adopted first reading of Ordinance. Second reading scheduled for June 22, 2004.

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: Approved recommendation.

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

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

Action: Moved, seconded, carried (Olds/Worthington) to adopt Resolution No. 62,532–N.S. (PDF, 105 KB)

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 Vesley, 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

Public Testimony:  The Mayor opened the public hearing.  12 speakers heard.  The Mayor closed the public hearing.

Action:  Council decision and adoption of the budget scheduled for June 22, 2004.

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: Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 62,533–N.S. (PDF, 129 KB) affirming the decision of the Zoning Adjustment’s Board and dismissing the appeal.

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

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. 62,534–N.S. (PDF, 229 KB)

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

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

Action: Moved, seconded, carried (Maio/Hawley) to adopt Resolution No. 62,535–N.S. (PDF, 913 KB)

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

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

Action: Moved, seconded, carried (Maio/Hawley) to adopt Resolution No. 62,536–N.S. (PDF, 130 KB)

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

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. 62,537–N.S. (PDF, 58 KB)

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

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

Action: Moved, seconded, carried (Maio/Hawley) to adopt Resolution No. 62,538–N.S. (PDF, 185 KB)

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:  Provided comments to staff.

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

Action: Moved to the Consent Calendar by Councilmember Worthington to defer taking any action on this to December, 2004.

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

Action: Moved to the Consent Calendar by Councilmember Olds and adopted Resolution No. 62,539–N.S. (PDF, 174 KB)

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 (Spring)

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 (Spring)

21.  Wendy Alfsen, Walk&Roll Berkeley

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

22.  Anne Whyte


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

Item 9: Contract: Berkeley Community Media

23.  Supplemental attachment to report, submitted by Information Technology department  (PDF, 155 KB)

 

Item 18: Budget (Breland) - Complete Supplement 1 File (PDF, 1 MB)

24.  Supplemental report, submitted by the City Manager department

25.  Rudolph Graham, Prestley “Skip” Whideman, Caterhine Brady – Workability I; and Faculty and Staff of Special Education – Berkeley Highschool

26.  Larissa R. Bruhns

Item 19:Appeal:  3000 Shasta Road

27.  Barbara Allen (PDF, 12 MB)

Item 25: City’s Response to University of California, Berkeley Long Range Development Plan (LRDP) Draft Environmental Impact Report (DEIR) and Draft Fiscal Impact Report  (Spring)

28.  Juliet Lamont

Item 26: Fee Waiver: Center for the Education of Infant Deaf (CEID) (Breland)

29.  Jill Ellis, CEID

Item 27: Corporate Constitutional Rights

30.  Reizah Leah Landman

31.  Lynn Zamarra

32.  Phoebe (sorgen) (4)

 

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

Item 18: Budget - Complete Supplement 2 File (PDF, 2 MB)

33.  Sigmund Okuri-bido, Jobs Consortium

34.  250 signature cards, submitted by Alan Stross

35.  Berkeley Reads

Item 25: City’s Response to University of California, Berkeley Long Range Development Plan (LRDP) Draft Environmental Impact Report (DEIR) and Draft Fiscal Impact Report  

36.  Ed Denton

Item 26: Fee Waiver: Center for the Education of Infant Deaf (CEID)

37.  Golf tournament brochure, submitted by CEID

Item 27: Corporate Constitutional Rights

38.  Leslie Dahlhoff

39.  Alan Gregory Wonderwheel
 

Adjournment

Adjourned at 11:15 p.m.