Regular Meeting eSummary
April 19
, 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.

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, April 19, 2005

7:00 P.M.

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

Preliminary Matters

Roll Call:  7:12 p.m. All present.

Ceremonial Matters:  None.

City Manager Comments: 

1.      On Friday, April 22, 2005 from 5:00 P.M. to 8:00 P.M., the University of California will unveil a bust of Cesar Chavez at the Cesar Chavez Student Center.

2.      A budget forum co-sponsored by the League of Women Voters will be held at the North Berkeley Senior Center on Tuesday, May 3, 2005 from 7:00-9:00 p.m.

Public Comment:  16 speakers.


Consent Calendar

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

1.      Amendment to Graffiti Ordinance (PDF, 48 KB) (First Reading April 12, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.98.030 to add the phrase “of Berkeley” after the word “City” in the first and second sentences.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Ordinance No. 6,847–N.S. (PDF, 77 KB) Effective May 19, 2005.

2.     Amendments to Subdivision Ordinance Regarding Tenancies in Common (PDF, 2 MB) (First Reading April 12, 2005;  Noes – Worthington; Abstain - Anderson, Spring)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending and repealing various sections of BMC Chapter 21.28 to eliminate regulation of tenancies in common and limit fees for conversion of rental units to condominiums to ten percent of the sales price of each unit.  This cap on the affordable housing mitigation fee to expire October 26, 2005.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Stephen Barton, Housing, 981-5400

Action: Removed from the Consent Calendar by Councilmember Worthington and held over to April 26, 2005.

3.      Revisions to the Zoning Ordinance (PDF, 555 KB) (First Reading April 12, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance to correct various typographic errors in Title 23 (Zoning Ordinance), and clarify long-standing interpretations of the regulatory text.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Ordinance 6,848–N.S. (PDF, 628 KB) Effective May 19, 2005.

4.      Formal Bid Solicitations and Requests for Proposals (PDF, 178 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 – $845,000.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

5.      Grant and Contract: Public Mental Health Workforce Development (PDF, 422 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to: 1) the revenue agreement with the Zellerbach Family Foundation for the purpose of increasing the diversity and skill base of the public mental health workforce to accept an additional $10,000 for a total grant amount of $30,000 and to extend the term to March 31, 2006; and 2) the expenditure contract with Lippitt Consultant Services for services in support of activities related to this grant to increase the amount by $20,000 for a total contract amount not to exceed $36,000 and to extend the term to March 31, 2006.

Financial Implications: See report.

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

Action: Adopted Resolution No. 62,867–N.S. (PDF, 144 KB)

6.      Purchase Order: Friendly Cab (PDF, 217 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing an increase to Purchase Order 52,522 for Friendly Cab in an amount not to exceed $125,000 for taxicab rides provided to eligible paratransit passengers from the period of July 1, 2004 through June 30, 2005.

Financial Implications: Measure B Revenue Fund and General Fund – $125,000.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,868–N.S. (PDF, 83 KB)

7.      Contract: Spruce Street Pavement Rehabilitation Project (PDF, 616 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Spruce Street Pavement Rehabilitation Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contact and any amendments in an amount not to exceed $2,456,657 for the period of four calendar months.

Financial Implications: Capital Improvement Fund – $857,657; Federal IDTEA-STP
Grant – $2,456,657.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,869–N.S. (PDF, 99 KB)

8.      The Chicago Climate Exchange (PDF, 1 MB)

From: Mayor Bates and Councilmembers Worthington and Wozniak

Recommendation:  Direct the City Manager to examine the costs and benefits of the City of Berkeley joining the Chicago Climate Exchange and direct the Energy Commission to conduct its own review.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100; Kriss Worthington, Councilmember District 7, 981-7170; Gordon Wozniak, Councilmember District 8, 981-7180

Action: Approved recommendation.

9.      San Pablo Park Centennial Celebration (PDF, 103 KB)

From: Councilmember Moore

Recommendation:  Refer a request for $20,000 for the centennial celebration of San Pablo Park, to be held in the Fall 2007, to the budget process.

Financial Implications: $20,000.

Contact: Darryl Moore, Councilmember District 2, 981-7120

Action: Approved recommendation.

10.  Oppose the Privatization of Social Security (PDF, 184 KB)

From: Councilmember Worthington

Recommendation:  Send a letter to Congresswoman Barbara Lee, US Senator Dianne Feinstein, and US Senator Barbara Boxer in opposition to Bush’s privatization of Social Security.

Financial Implications: None.

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

Action: Approved recommendation.

11.  Oppose the Special Election in November (PDF, 289 KB)

From: Councilmember Worthington and Mayor Bates

Recommendation:  Adopt a Resolution opposing Governor Schwarzenegger’s plan to hold special election in November.

Financial Implications: Possible $100,000 if local initiatives are place on special election ballot.

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

Action: Adopted Resolution No. 62,870 –N.S. (PDF, 76 KB) (Noes – Wozniak).

12.  Support the ‘Protect Women, Protect Medicaid’ Campaign (PDF, 588 KB)

From: Councilmember Worthington

Recommendation:  Send a letter of support to the ‘Protect Women, Protect Medicaid’ Campaign coordinated through the Institute for Reproductive Health Access.

Financial Implications: None.

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

Action: Approved recommendation.

13.  Proclamation Honoring College Student Commissioners Day (PDF, 56 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring the many college students volunteering their time to serve the people of the City of Berkeley by serving on City Boards and Commissions.

Financial Implications: None.

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

Action: Approved proclamation.

14.  Appointment: Mental Health Commission

a.      From: Mental Health Commission (PDF, 147 KB)

Recommendation:  Adopt a Resolution re-appointing Katherine DeRaadt to the Mental Health Commission, Special Public Interest Category for a term beginning April 24, 2005 and ending April 23, 2008.

Financial Implications: None.

Contact: Harvey Turek, Secretary, 981-5213

b.      From: City Manager (PDF, 47 KB)

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

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

Action: Adopted Resolution No. 62,871–N.S. (PDF, 61 KB)

Action Calendar – Budget

15.  FY 2006 & FY 2007 Budget and Work Plan Priorities

a.      From: City Manager (PDF, 6 MB)  |  PowerPoint Presentation (PDF, 606 KB)

Recommendation:  Adopt the FY06 and FY07 Work Plan Priorities (attached) and as presented by the following departments: Planning, Economic Development, Transportation, and Housing.

Financial Implications: None. Work Plan Projects as represented are within departmental proposed FY06 & FY07 budgets.

Contact: Phil Kamlarz, City Manager, 981-7000

b.      Restaurants and Food Service Quota (PDF, 24 KB)

From: Councilmembers Worthington and Olds

Recommendation:  Refer to the City Manager and Planning Commission the request from Northside Commercial District businesses, students and neighbors to establish restaurants and food service quota system similar to existing ones on Solano, College, and Telegraph Avenues.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Betty Olds, Councilmember District 6, 981-7160

c.       Specific Zoning for San Pablo Avenue (PDF, 269 KB)

From: Councilmembers Maio and Moore

Recommendation:  Request the City Manager to add specific zoning for San Pablo Avenue to the work plan projects for the Planning Department.

Financial Implications: Staff time.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

Action: Moved and severed (Spring) to recommend amending the West Berkeley Plan incrementally by studying rezoning Ashby and Gilman corridors between the freeway and San Pablo Avenue (Carried; Noes – Maio, Anderson, Spring, Worthington).

Moved, seconded, carried (Capitelli/Anderson) a main motion to approve the City Manager’s recommendations for the Planning Department Work Plan as outlined in the slide presentation and amended to include South Berkeley Planning Process.

Moved, seconded, carried (Olds/Wozniak; Noes – Worthington) a motion to approve the City Manager’s recommendation for the Office of Economic Development Workplan as outlined the slide presentation.

Moved, seconded, carried (Wozniak/Olds) a motion to approve the City Manager’s recommendation for the Office of Transportation Workplan as outlined in the slide presentation.

Moved, seconded, carried (Wozniak/Maio) a motion to approve the City Manager’s recommendation for Housing Department Workplan projects as outlined in the slide presentation.

Moved, seconded, carried (Wozniak/Maio) a motion to approve the City Manager’s recommendation on Workplan priorities for all other departments as presented and included in Attachment A.

Recommendations to be brought back to Council as part of the Proposed Budget on May 10, 2005.

16.  City Commissions - Reducing Staff Support and Frequency of Meetings as a Cost Reduction Measure

a.      From: City Manager (PDF, 2 MB)

Recommendation:

1.      Adopt a Resolution authorizing the City Manager to implement the following changes to City Commissions in order to reduce staff costs:  

a.       start the revised meeting schedules on July 1, 2005, as outlined in Attachment 1 and eliminate special meetings; and

b.      eliminate staff support from all commission subcommittees per the Commissioners Manual; and

c.       bring back appropriate legislation to combine the Public Works Commission with the Solid Waste Commission; and

d.      bring back appropriate legislation to combine the Fire Safety Commission with the Disaster Council 

2.      Adopt resolutions amending the following resolutions to reflect the revised meeting schedules for these Commissions:

a.       Resolution 58,997-N.S.            Community Environmental Advisory Commission

b.      Resolution 48,457-N.S.            Energy Commission

c.       Resolution 55,751-N.S.            Transportation Commission

3.      Adopt the first reading of ordinances amending the following BMC Chapters to reflect the revised meeting schedules for these Commissions: 

a.       Ch. 3.12             Civic Arts

b.      Ch. 3.16            Commission on Aging

c.       Ch. 3.26            Parks and Recreation Commission

d.      Ch. 3.48            Commission on the Status of Women

e.       Ch. 3.62            Commission on Labor

f.        Ch. 3.66            Commission on Disability

g.       Ch. 3.66            Peace and Justice Commission

h.       Ch. 3.76            Community Health Commission

i.         Ch. 3.78            Human Welfare and Community Action Commission

4.      Rescind Resolution No. 56,472-N.S. to dissolve the South Berkeley Community Improvement Plan Advisory Committee.

Financial Implications: See report.

Contact: Arrietta Chakos, City Manager, 981-7000

b.  From: Transportation Commission (PDF, 133 KB)

Recommendation: Continue holding regular meetings of the Transportation Commission on a monthly basis, up to 10 times a year.

Financial Implications: None.

Contact: Peter Hillier, Secretary, 981-7010

Action: Moved, seconded, carried (Wozniak/Maio) to:

1)      authorize the City Manager to bring back appropriate legislation to combine the Fire Safety Commission with the Disaster Council;

2)      adopt Resolution No. 62,872 – N.S. (PDF, 53 KB) rescinding Resolution No. 56,472 – N.S. to dissolve the South Berkeley Community Improvement Plan Advisory Committee;

3)      adopt Resolution No. 62,873 –N.S. (PDF, 55 KB) rescinding Resolution No. 52,720 – N.S. to dissolve the Citizens Budget Review Commission; and

4)      provide Councilmembers the opportunity to submit lists of suggestions by May 17, 2005.

17.  Civic Center Park Rehabilitation Project Funding (PDF, 252 KB)

From: City Manager

Recommendation:  Set aside one-time funding from FY 2006 General Funds in order to allow construction at Civic Center Park to begin this summer, adding: 1) $400,000 to the project to build the Civic Center Park Rehabilitation Project, including the fountain; and
2) $200,000 to operate and maintain the fountain for three years, after which this cost will be assumed by the Parks Tax.

Financial Implications: General Fund FY 2006 – $600,000.

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

Action: Moved, seconded, carried (Worthington/Maio) to approve proceeding only with the fountain’s Turtle Island artwork in the amount of $40,000 and Water Treatment Building in the amount of $60,000.

18.  Discussion of Funding for Community Based Organizations (PDF, 15 MB) (To be delivered)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action: Held over to April 26, 2005 by the City Manager.

19.  Special Events Funding - FY 2006 (PDF, 500 KB)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved, seconded, carried (Capitelli/Moore; Noes – Spring, Olds, Wozniak; Abstain – Worthington) to proceed with 4th of July special event funding for FY 2006 in the amount of $60,000 by increasing marina fees by the percentage required to cover the cost.

Information Reports

20.  Status Update on 651 Addison Street (Drayage) (PDF, 176 KB)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved to Action and held over to April 26, 2005 by Councilmember Moore.

21.  Accounts Payable Audit – Status Report (PDF, 362 KB) (CF 57-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

22.  Treasury Cash Receipts/Cash Handling Audit (PDF, 205 KB) (CF 58-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

23.  Rule 20A Utility Undergrounding Districts Update (PDF, 303 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

24.  Street Litter Impacting City Storm Water System (PDF, 203 KB)

From: Public Works Commission

Contact: Jeffrey L. Egeberg, Secretary, 981-6406

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.

Biodiesel

1.      Martin Bourque, Executive Director, and Bob Stern, Board President, Ecology Center  (Maio, Moore, Worthington, Spring)

City Budget

2.      Jason Meggs

3.      Barbara Gilbert (3)  (Wozniak)

4.      Lisa Buillwinkel

5.      Gina Moreland, Habitot Children’s Museum

6.      Claudia Chapline

Housing Vacancy Survey

7.      Roslyn Fuerman

8.      Sandra Clement

9.      Barbara Gilbert

Patterns of Conduct by City Employees

10.  Anne Marselis

Former Assemblymember Dion Aroner

11.  Barbara Gilbert

Residential Handicap “Blue” Zone

12.  Susan von Knopka  (Maio)

UC LBNL – Bevatron Demolition

13.  Pamela Sihvola, on behalf of the Committee to Minimize Toxic Waste

Public Discourse

14.  Barbara Gilbert

Marin Avenue Reconfiguration

15.  Pamela M. Doolan

Discrimination

16.  Brenda Callins


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

Item 11: Oppose the Special Election in November

17.  Revised report and resolution, submitted by Councilmember Worthington and Mayor Bates (PDF, 154 KB)

Item 13: Proclamation Honoring College Student Commissioners Day

18.  Proclamation, submitted by Councilmember Worthington (PDF, 278 KB)

Item 15: FY 2006 & FY 2007 Budget and Work Plan Priorities

19.  Presentation materials, submitted by City Manager (PDF, 606 KB)

20.  Tom Kelly, Chair, Community Health Commission

21.  Estelle Jelinek

22.  BANA, submitted by Marie Bowman, President (2)

23.  Council of Neighborhood Associations (CNA), submitted by Marie Bowman

24.  Barbara Gilbert

25.  Sharon Hudson

26.  Roia Ferrazares, President, Berkeley PTA Council

Item 16: City Commissions - Reducing Staff Support and Frequency of Meetings as a Cost Reduction Measure

27.  Martin Bourque, Executive Director, Ecology Center

28.  Gloria Frym

29.  Shang-Mei Lee

Item 17: Civic Center Park Rehabilitation Project Funding

30.  Carrie Sprague

31.  Nancy Carleton

Item 20: Status Update on 651 Addison Street (Drayage)

32.  Jeffrey J. Carter, Attorney at Law, submitted by Allan Hillesheim  (Moore)


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

Item 15: FY 2006 & FY 2007 Budget and Work Plan Priorities

33.  Anonymous

Item 17: Civic Center Park Rehabilitation Project Funding

34.  Page 2 of Attachment A, submitted by Parks Recreation & Waterfront (PDF, 161 KB)


Adjournment

Adjourned at 11:26 p.m.