Regular Meeting eSummary
March 22
, 2005

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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, March 22, 20057:00 P.M.

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


Preliminary Matters

Roll Call:  7:35 p.m. All present.

Ceremonial Matters:

1.      Proclamation recognizing April 2005 as Alcohol Awareness Month

2.      Proclamation recognizing the 100th Anniversary of the Berkeley Police Department

3.      Proclamation supporting the Goals of California for Healthy Kids

4.      Proclamation recognizing Jim Stockinger, Ph.D. as 2005 Child Care Champion of the Year

City Manager Comments:  None.

Public Comment:  10 speakers.


Consent Calendar

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

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

Action: Adopted Ordinance No. 6,846–N.S. (PDF, 1.58 MB). Effective April 21, 2005.

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

Action: Adopted Resolution No. 62,842–N.S. (PDF, 99.2 KB)

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

Action: Adopted Resolution No. 62,843–N.S. (PDF, 123 KB)

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

Action: Adopted Resolution No. 62,844–N.S. (PDF, 126 KB)

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

Action: Adopted Resolution No. 62,845–N.S. (PDF, 75.5 KB)

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

Action: Adopted Resolution No. 62,846–N.S. (PDF, 117 KB)

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

Action: Adopted Resolution No. 62,847–N.S. (PDF, 116 KB)

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

Action: Adopted Resolution No. 62,848–N.S. (PDF, 63 KB)

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

Action: Adopted Resolution No. 62,849–N.S. (PDF, 250 KB)

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

Action: Approved recommendation.

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

Action: Adopted Resolution No. 62,850–N.S. (PDF 62.9, KB)

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

Action:  Referred to budget process by Councilmember Spring

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

Recommendation: Take no action at this time.

Contact: Stephen Barton, Housing, 981-5400

Action: Approved City Manager recommendation to take no action.

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

Action: Presentation made and discussion held.

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: Presentation made.  Moved, seconded, carried (Worthington/Moore) recognizing Jim Stockinger as 2005 Childcare Champion of the Year.

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)

Action: Councilmember Capitelli recused himself due to his having voted on this matter as a member of the Zoning Adjustments Board. 

Moved to the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Moore/Worthington; Abstain – Captielli)) to adopt Resolution No. 62,851–N.S (PDF, 3.23 MB) affirming the decision of the Zoning Adjustments Board to adopt a Mitigated Negative Declaration and approve: 1) the demolition of a portion 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 dismissing the appeal.

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

Action: Held over to April 12, 2005 by City Manager.

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: Moved, seconded, failed (Worthington/Moore; Noes – Maio, Capitelli, Olds, Wozniak, Bates) to table a vote on the recommendation until June 21, 2005.

Item was moved by Councilmember Wozniak, seconded by Councilmember Olds, amended on the floor, severed and voted on as follows:

Carried (Abstain – Moore, Anderson, Spring, Worthington) that the City Council approve a $2.4 million expenditure toward the purchase of the Public Safety Computer Dispatch System using FY 2005 unanticipated revenue above FY 2005 Adopted Budget projections.

Carried (Noes – Olds, Worthington) that the City Council:

1) Reaffirm its adopted budget policies to: 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; and g) maintain an adequate balance of funding and risk for the City’s unfunded liabilities, and continue the moratorium on all new expenditures.

2) Set aside one-time FY 2005 unanticipated revenue received above FY 2005 Adopted Budget projections in the amounts of: a) $500,000 to balance the project FY 2005 deficit in the Measure B Fund to avoid further reductions in pedestrian safety and street repairs; b) $30,000 for the Solar Bond funding match; c) $250,000 for the fees associated with the City’s lawsuit with the University of California; and d) $200,000 set aside for technology investments for customer service improvements.

3) Refer any ideas for additional expenditures to the budget process.

4) Submit in writing to the City Manager any budget related questions or ideas.

5) Instruct the City Manager to respond to all budget questions from Council in writing and distribute to the entire Council.

6) Have all Council budget referrals finalized by June 14, 2005.

7) Hold budget discussion and staff responses/feedback on June 21, 2005.

8) Adopt FY 2006 and FY 2007 Biennial Budget on June 28, 2005.

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

Action: Moved to Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Moore/Worthington) to adopt first reading of Ordinance. Second reading scheduled for April 12, 2005.

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

Action: Received and filed.
 

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


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

Item 10: Join City of Seattle in Support of Kyoto Protocols

10.  Revised report, submitted by Councilmember Worthington (PDF, 105 KB)

Item 13: Presentation: Oakland/Berkeley Asthma Hospitalization Report

11.  Presentation materials, submitted by Health and Human Services (PDF, 2 MB)

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

12.  Resolution and Exhibits A and B, submitted by Planning and Development (PDF, 3 MB)

Item 17: Presentation of Initial FY 2006 and 2007 Budget Balancing Options

13.  Amendments to FY 2005-2006 budget, submitted by Councilmember Spring (PDF, 138 KB)

14.  Lisa Pascopella (2)

15.  Mesha Monge-Irizarry

16.  Barbara Witte

17.  Viki Tamaradze  (Maio)


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

Item 13: Presentation: Oakland/Berkeley Asthma Hospitalization Report

18.  Presentation materials, submitted by Health and Human Services (PDF, 2 MB)

Item 14: Presentation: Commission on Early Childhood Education

19.  Presentation materials, submitted by the Commission on Early Childhood Education (PDF, 984 KB)

Item 17: Presentation of Initial FY 2006 and 2007 Budget Balancing Options

20.  Revised recommendation, submitted by Mayor Bates (PDF, 122 KB)

21.  Technology Investments for Coordinated Citizen Service and Public Information presentation materials, submitted by Information Technology  (PDF 274 KB)

The Drayage Warehouse

22.  Tod Donaldson

Instant Runoff Voting

23.  Dave Heller, Measure I Campaign Coordinator


Adjournment

Adjourned at 11:00 p.m. in honor of Peter Trier.