Regular Meeting eSummary
February 8
, 2005

printer friendly pdf

Printer-friendly PDF* summary: (195 KB)

 

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

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

summary

BERKELEY CITY COUNCIL MEETING

Tuesday, February 8, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call: 7:02 p.m.  All present.

Ceremonial Matters:  None.

City Manager Comments:  City offices will be closed on Thursday, February 10, 2005 for voluntary time off and Friday, February 11, 2005 for Lincoln’s birthday.  Emergency Services will be in full operation.

A memorial service will be held for Karl Linn, a long-time community leader, on March 20, 2005 at 3:00 p.m. at the Northbrae Church.

Public Comment:  14 speakers.

Youth Comments: No speakers.


Consent Calendar

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

1.      Enact Supplementary Retirement and Income Plan III Ordinance and Amend Supplementary Retirement and Income Plan II Ordinance (PDF, 4 MB) (First reading January 25, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt the second reading of two Ordinances: 1) to enact Berkeley Municipal Code Chapter 4.39 (Supplementary Retirement and Income Plan III) for employees represented by the Berkeley Police Association or persons who are no longer employed by the City but were formerly represented by the Berkeley Police Association; and 2) to amend Berkeley Municipal Code Chapter 4.38 (Supplementary Retirement and Income Plan II) to transfer police employee assets from the Supplementary Retirement and Income Plan II to the new Supplementary Retirement and Income Plan III.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Ordinance No. 6,837–N.S. (PDF, 1 MB) and Ordinance No. 6,838–N.S. (PDF, 285 KB) Effective March 10, 2005.

2.      Guidelines Governing Pay-and-Display Parking Stations (PDF, 1 MB) (First readings January 25, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt the second reading of three Ordinances amending the Berkeley Municipal Code (BMC) to add additional language regarding procedures, guidelines or rules governing the usage of pay-and-display stations: 1) Chapter 14.04 to add Sections 14.04.143 and 14.04.146; 2) Chapter 14.40, to amend Sections 14.40.040, 14.40.020, 14.40.030 and 14.40.040; and 3) to amend Chapter 14.52.

Financial Implications: None.

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Ordinance No. 6,839–N.S. (PDF, 98 KB), Ordinance No. 6,840–N.S. (PDF, 186 KB) and Ordinance No. 6,841–N.S. (PDF, 928 KB)  Effective March 10, 2005.

3.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of January 18, 2005 (closed), January 24, 2005 (closed), and January 25, 2005 (regular).

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Minutes for January 18 and January 25 (regular) held over to March 8, 2005 at the request of Councilmember Spring.  Approved minutes for January 24, 2005 (closed).

4.      Needle Exchange (PDF, 162 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: Sara T. Cox, City Clerk, 981-6900

Action: Adopted Resolution No. 62,800–N.S. (PDF, 98 KB)

5.      Fee Waiver: Center for the Education of Infant Deaf (CEID) (CF 42-04)

a.      From: City Manager (PDF, 681 KB)

Recommendation:  Deny the request from CEID to: 1) refund $6,038 in zoning fees and
2) waive $70,928 in building permit fees for new construction at 1035 Grayson.

Financial Implications: Permit Service Center (PSC) Fund – $76,966.

Contact: Dan Marks, Planning, 981-7400

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

Recommendation:  Refer to the budget process.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Approved recommendation to deny the request for refund and fee waiver.  Councilmember Moore referred the item to the budget process.

6.      Contract: Public Health Laboratory Services (PDF, 274 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the State of California Department of Health Services Microbial Disease Laboratory for laboratory tests for diseases of public health significance to increase the amount by $211,988 for a total contract amount not to exceed $635,203 and to extend the term to June 30, 2005.

Financial Implications: Various Funds – $211,988.

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

Action: Adopted Resolution No. 62,801–N.S. (PDF, 131 KB)

7.      Classification: Housing Inspector Supervisor (PDF, 720 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,840–N.S. Classification and Salary Resolution for Public Employees Union Local One employees, to revise the classification of Supervising Housing Inspector and change the title to Housing Inspector Supervisor.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 62,802–N.S. (PDF, 65 KB)  Referred to the City Manager by Councilmember Moore.

8.      Classifications: Central Services (PDF, 910 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,807–N.S., Classification/Salary for SEIU Local 790 employees to revise and change titles for three classifications: Offset Equipment Operator to Central Services Technician; Printing Services Supervisor to Central Services Supervisor, and City Services Aide to Central Services Aide.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 62,803–N.S. (PDF, 98 KB)

9.      Workers’ Compensation State of California Self-Insurance Funds Fee Assessment (PDF, 766 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for FY 2005 fees associated for costs of administering the Workers’ Compensation Program in an amount not to exceed $93,841.

Financial Implications: Workers’ Compensation Fund – $ 93,841.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 62,804–N.S. (PDF, 79 KB)

10.  Contract: 1947 Center Street, Second Floor Tenant Improvements (PDF, 285 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the plans and specifications for the 1947 Center Street, Second Floor Tenant Improvements; 2) accepting the bid of Page Construction Company; 3) waiving permit fees; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $300,000.

Financial Implications: Building Purchases and Management Fund – $300,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,805–N.S. (PDF, 85 KB)

11.  Purchase Order: Front-Loading and Rear-Loading Containers (PDF, 4 326 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept bids from Wastequip McLaughlin for front-loading and rear-loading containers and execute a purchase order in an amount not to exceed $150,000 for FY 2005-07.

Financial Implications: Refuse Collection/Disposal Fund – $150,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,806–N.S. (PDF, 64 KB)

12.  Oppose the Development of Casino-Style Gaming Establishments in the Bay Area (PDF, 176 KB)

From: Councilmembers Maio and Capitelli and Mayor Bates

Recommendation:  Adopt a Resolution declaring the Council’s opposition to the establishment of casinos and legalized gambling within its municipal borders or any other Bay Area community; and request the City Clerk send a letter to the Bureau of Indian Affairs indicating the Council’s opposition to such establishments.

Financial Implications: None.

Contact: Linda Maio, Councilmember District 1, 981-7110; Laurie Capitelli, Councilmember District 5, 981-7150; Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,807–N.S. (PDF, 114 KB) (Abstain – Worthington) as amended by Mayor Bates.


Action Calendar – New Business

13.  FY06 & FY07 Work Plan Projects: Priority Setting Phase 2 (PDF, 134 KB)

From: City Manager

Recommendation: Submit preferences for FY06 & FY07 Priority Work Plan Projects to the City Manager.

Financial Implications: None.

Contact: Lisa Caronna, City Manager, 981-7000

Action: Presentation made and discussion held.

14.  Sale of Vehicle License Fee Gap Loan to California Communities (PDF, 4 MB)

From: City Manager

Recommendation: Adopt a Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller’s vehicle license fee receivable from the State; and directing and authorizing certain other actions in connection therewith.

Financial Implications: $1,658,487 revenue.

Contact: Fran David, Finance, 981-7300

Action: Moved to Consent by Councilmember Maio. Adopted Resolution No. 62,808–N.S. (PDF, 324 KB)

Information Reports

15.  City’s Response to University of California Long Range Development Plan Final Environmental Impact Report (PDF, 1 MB) (Held over from January 25, 2005)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Received and filed.

16.  Formal Bid Solicitations and Requests for Proposals (PDF, 226 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

17.  Unrepresented Temporary Employees Information Report (PDF, 84 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action: Received and filed.

18.  Landmarks Preservation Commission Notice of Decision: 1985 Ashby Avenue, Landmark Designation (PDF, 7 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

Communications (PDF, 4 KB)

Chemical Odors

1.      Anonymous

Restoration of Ladder Truck

2.      Cecilia I. Gaerlan

3.      Carolyn Winters

4.      Marian Wolfe

Adopted Resolutions

5.      PhoeBe ANNE (sorgen)

View Protection Standards (Spring)

6.      Ann Reid Slaby

Proposed Berkeley Bowl Store

7.      Claudia Kawczynska

8.      Patricia and Jesse Wood and Carol Henderson

9.      Michael Ziegler, Temescal Business Center

10.  Jay Kravitz

11.  James Rung

12.  Letters of support, submitted by Sherry Apostol

Bus Incident

13.  Barry Western

Fourth Street Neighborhood Concerns (Moore)

14.  Allen Hardy, H&B, Inc.

15.  Nancy McKay

Sister City Presentation (Referred to Agenda Committee by Councilmember Wozniak)

16.  Joe Lamb, Borneo Project

Measure Y School Yards

17.  Sally B. Reyes

Oxford Plaza and David Brower Center

18.  Judy Kriege, BANANAS, Inc.

Traffic Ticket

19.  Brett Brooks

Derby Field

20.  Dorothy Bryant

University Avenue Senior Housing

21.  David G. Bentley, The Salvation Army

2731-2733 Woolsey Street

22.  Laurent de Janvry


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

Item 12: Oppose the Development of Casino-Style Gaming Establishments in the Bay Area

23.  Revised Resolution, submitted by Mayor Bates (PDF, 74 KB)

Item 15: City’s Response to University of California Long Range Development Plan Final Environmental Impact Report

24.  ClevelandLaw@***.com

25.  Rachel Boyce

 

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

Item 13: FY06 & FY07 Work Plan Projects: Priority Setting Phase 2 - Complete Supplement 2 File (PDF, 11 MB)

26.  Memorandum, submitted by City Manager

27.  Councilmembers’ priorities lists, submitted by City Manager


Adjournment

Adjourned at 8:20 p.m. in honor of Karl Linn.