Regular Meeting eAgenda
March 22
, 2005

printer friendly pdf

Printer-friendly PDF* agenda: (226 KB)


Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online ( as soon as they are finalized.


  • 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:

  • 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 (, telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.




Tuesday, March 22, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconferencing Location – 1636 Channing Way, Berkeley, CA

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.

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.      Lease Agreement: 2033 Center Street (PDF, 7 KB) (First reading March 15, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Rising Sun Energy Center to use property located at 2033 Center Street for the purpose of operating a non-profit organization to educate the public, provide residential audits and services and train and employ young people to work with the public.

Financial Implications: General Fund – $3,600 increase in annual revenue.

Contact: Rene Cardinaux, Public Works, 981-6300

2.      Needle Exchange (PDF, 176 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

3.      Contract: Dental Services (PDF, 325 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda County Public Health Department, Office of Dental Health for the provision of dental services, education and outreach to eligible elementary schools in Berkeley for the period July 1, 2004 through June 30, 2006 in an amount not to exceed $100,000.

Financial Implications: General Fund, Health Disparities – $100,000.

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

4.      Grant: Waste Tire Enforcement Grant (PDF, 258 KB)

From: City Manager

Recommendation:  Adopt a Resolution and authorizing the City Manager to: 1) submit a grant application to the California Integrated Waste Management Board (CIWMB) for funds in the amount of approximately $148,000 for FY 2004/2005 Waste Tire Enforcement Grant to support a program in FY 2006 to ensure waste tires are properly managed within the City; 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) authorize the implementation of projects and appropriation of funding for related expenses, subject to securing the grant; and rescinding Resolution No. 62,811–N.S.

Financial Implications: Grant Revenue – $148,000. No matching funds required.

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

5.      Contract: Retiree Health Premium Assistance Plan Third-Party Administrator (PDF, 268 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Lipman Company, Inc. (TCL) for administration of the Retiree Health Premium Assistance Plan and other retiree medical programs for sworn Fire and Police personnel of the period covering January 1, 2005 through December 31, 2006, for a total not to exceed $95,000.

Financial Implications: Various Funds – $95,000.

Contact: David Hodgkins, Human Resources, 981-6800

6.      Contract Amendment: Consultant Services – Lindy West & Associates (PDF, 332 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase the contract amount with Lindy West & Associates by $20,000 for a total contract amount not to exceed $70,000 for consulting services for the reduction of lost time and return to work under the workers’ compensation program.

Financial Implications: $20,000.

Contact: David Hodgkins, Human Resources, 981-6800

7.      Contract Amendment: Hills Fire Station - McNamara & Smallman Construction, Inc. (PDF, 427 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McNamara & Smallman Construction, Inc. for the Hills Fire Station at Shasta Road, in the amount of $87,000 for storm drain mitigation work, increasing the total contract in an amount not to exceed $1,244,273 and extending the term for an additional 60 calendar days.

Financial Implications: Measure G Fund – $87,000.

Contact: Rene Cardinaux, Public Works, 981-6300

8.      Fines and Late Payment Policies for Newly Developed Parking Violations (PDF, 315 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing fines and late payment penalties for newly developed Berkeley Municipal Code (BMC) Section 14.52.063 which makes it unlawful and a violation if a motor vehicle is within a pay-and-display area and a dispensing machine ticket is not displayed upon the vehicle and Municipal Code Section 14.52.066 which makes it unlawful and a violation to improperly display a pay-and-display dispensing machine ticket within a pay-and-display area.

Financial Implications: Neutral revenue impact.

Contact: Peter Hillier, Transportation, 981-7010

9.      Zero Waste Goal (PDF, 307 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation: Adopt a Resolution: 1) reaffirming the City’s commitment to reaching the Alameda County goal of 75% reduction in waste going to landfills by 2010; 2) setting a goal of reaching “zero waste” by 2020; referring this issue to the Solid Waste Commission for review and as they finalize the new Solid Waste Plan and look to the future; and 4) requesting the Solid Waste Commission examine changing its name to the Zero Solid Waste Commission, Waste Recovery Commission, or another more appropriate name.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100; Kriss Worthington, Councilmember District 7, 981-7170

10.  Join City of Seattle in Support of Kyoto Protocols (PDF, 204 KB)

From: Councilmember Worthington

Recommendation:  Join the City of Seattle’s Mayor Greg Nickels in meeting the goals of the Kyoto Protocol and join the “green coalition” of mayors for the next meeting of the U.S. Conference of Mayors.

Financial Implications: None.

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

11.  Appointment: Ying Lee to the Board of Library Trustees

a.      From: Board of Library Trustees (PDF, 113 KB)

Recommendation: Adopt a Resolution approving the recommendation of the Board of Library Trustees to appoint Ying Lee for a four-year term beginning March 22, 2005 and ending March 22, 2009.

Financial Implications: None.

Contact: Jackie Y. Griffin, Secretary, 981-6195

b.      From: City Manager (PDF, 61 KB)

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

Contact: Jackie Y. Griffin, City Manager, 981-6195

12.  Community Agency Funding Review Process

a.      From: Human Welfare Community Action Commission (PDF, 271 KB)

Recommendation:  Adopt a Resolution appointing a representative of City Council to review the polices and procedures for allocating funds to community agencies, specify the role of the HWCAC in the allocation process, and implement the following corrective measures: 1) refer all recommended Council-initiated changes in excess of $2,500 to the Commission for their input; 2) establish a 60-day review period for that purpose; and 3) establish a reserve of $230,000 as a “buffer” so that the City’s budget would not be affected by any late-developing cuts in federal or state social services funding.

Financial Implications:

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager (PDF, 173 KB)

Recommendation: Take no action at this time.

Contact: Stephen Barton, Housing, 981-5400


Action Calendar - Presentations

13.  Presentation: Oakland/Berkeley Asthma Hospitalization Report

From: City Manager

Recommendation:  Presentation and discussion by Poki Namkung regarding the “Oakland/Berkeley Asthma Hospitalization Report” prepared by the Oakland Berkeley Asthma Coalition.

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

14.  Presentation: Commission on Early Childhood Education

From: Commission on Early Childhood Education

Recommendation: Presentation by the Commission to provide information on the I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event honoring local child care providers.

Contact: Angellique De Coud, Secretary, 981-5428


Action Calendar – Appeals

15.  2104-Sixth Street – Appeal of Zoning Adjustments Board Decision

a.      From: City Manager (PDF, 3 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND) and approve: 1) the demolition of 2108 Sixth Street, a single family residence, and its replacement with two residential units; and 2) the construction of an additional dwelling unit at 2104 Sixth Street, and dismiss the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Jano Bogg and Sandy Kasten (PDF, 12 MB)

c.       Communications:

1.      Timothy Rempel (PDF, 138 KB)

 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

16.  Contract: Telephone Equipment Replacement (PDF, 188 KB) (Held over from March 15, 2005)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nexus Inc. for telephone equipment replacement components and related services in the amount of $50,000 per year, for a total amount not to exceed $120,000 for the period April 1, 2005 through June 30, 2007.

Financial Implications: General Fund – $120,000.

Contact: Chris Mead, Information Technology, 981-6500

17.  Presentation of Initial FY 2006 and 2007 Budget Balancing Options (PDF, 10 MB) (Held over from March 15, 2005)

From: City Manager

Recommendation:  That the City Council: 1) reaffirm its adopted budget policies – a) Implement a two-year approach to eliminate the City’s structural deficit that includes a contingency plan for future uncertainties and deficits, b) as one-time revenues become available, first consider the use of these funds for City capital improvements and investments to yield future savings, c) minimize impact on direct services to the city, d) balance reductions to City administrative services so as to not jeopardize the fiscal and administrative accountability, e) minimize staff layoffs, f) maintain the unrestricted General Fund Reserve at a minimum of 6% of revenues, g) maintain an adequate balance of funding and risk for the City’s unfunded liabilities, and continue the moratorium on all new expenditures; 2) adopt the use of one-time FY 2005 unanticipated revenue above FY 2005 Adopted Budget projections (approximately $3.5 million) for specific one-time capital needs and one-time expenditures – a) $2.4 million toward the purchase of the Public Safety Computer Dispatch System, b) approximately $500,000 to balance the project FY 2005 deficit in the Measure B Fund to avoid further reductions in pedestrian safety and street repairs, c) $30,000 for the Solar Bond funding match, d) $250,000 for the fees associated with the City’s lawsuit with the University of California, and e) $300,000 set aside for technology investments for customer service improvements.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

Action Calendar – New Business

18.  Zoning Ordinance Revisions for Teaching-related Home Occupation Permits (PDF, 3 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code (BMC) to allow teaching-related home occupations by issuance of an Administrative Use Permit.

Financial Implications: Increased revenue (AUP application fee - $1,365).

Contact: Dan Marks, Planning, 981-7400

Information Reports

19.  Landmarks Preservation Commission Notice of Decision: 2180 Milvia Street – Approval of Structural Alteration Permit (PDF, 4 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.

Vista and Bikestation Expansion

1.      Jason Meggs, Berkeley Bikestation Manager/Bicycle-Friendly Berkeley Coalition

2.      Heath Maddox, City of Berkeley Associate Transportation Planner, Bicycle and Pedestrian Programs

Parking Enforcement Officers Audit

3.      Jim Hultman

Library Restructuring

4.      Lynda Winslow

Public Safety Notification

5.      Barbara Gilbert

Children and Sports Injuries

6.      Barbara Gilbert

Training Sessions for Councilmembers

7.      Barbara Gilbert

Development in Albany

8.      Barbara Gilbert

9.      Miriam Marsolais