Regular Meeting eAgenda
May 17
, 2005

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Tuesday, May 17, 2005

7:00 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.      Second Amendment to the FY 2005 Annual Appropriations Ordinance (PDF, 824 KB) (First Reading May 10, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the FY 2005 Annual Appropriations Ordinance No. 6,834–N.S. for fiscal year 2005 based upon recommended re-appropriation of committed FY 2004 funding and other adjustments authorized since July 1, 2004, in the amount of $16,819,075.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

2.      Amendments to Subdivision Ordinance Regarding Tenancies in Common (PDF, 50 KB) (First Reading May 10, 2005 – Noes: Capitelli, Olds, Wozniak.)

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 12.5 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,

3.      Formal Bid Solicitations and Requests for Proposals (PDF, 91 KB)

From: City Manager

Recommendation: There were no new bids or requests for proposals.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

4.      Mental Health Month (PDF, 236 KB)

From: City Manager

Recommendation:  Adopt a Resolution proclaiming May 2005 as Mental Health Month in the City of Berkeley.

Financial Implications: None.

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

5.      Application: Summer Food Service and After School Snack Programs (PDF, 260 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition Services Division, for the Summer Food Service and After School Snack Programs, and to execute any resultant agreements and amendments for the period June 1, 2005 to May 31, 2006.

Financial Implications: Youth Lunch Fund – $98,000.

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

6.      Contract Amendment: Chandler Lee – West Berkeley Bowl Planning Services (PDF, 173 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Chandler W. Lee to amend the scope of services and increase the contract amount to $30,000.

Financial Implications: None (paid by applicant).

Contact: Dan Marks, Planning, 981-7400

7.      Purchase Order: Vactor Debris Collection Truck (PDF, 339 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the City of Camarillo’s bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with Haaker Equipment Company in an amount not to exceed $246,068 to purchase a Vactor Debris Collection Truck for the Public Works Department.

Financial Implications: Equipment Replacement Fund – $246,068.

Contact: Rene Cardinaux, Public Works, 981-6300

8.      Budget Presentations (PDF, 86 KB)

From: Mayor Bates

Recommendation:  Provide time for broad-based community groups to make 5-minute presentations to the City Council on the budget at the June 14, 2005 City Council Meeting.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

9.      Opposition to AC Transit Fare Increases (PDF, 256 KB)

From: Councilmembers Moore and Worthington

Recommendation:  Request that the City Manager write a letter to the AC Transit Board of Directors opposing AC Transit fare increases.

Financial Implications: None.

Contact: Darryl Moore, Councilmember District 2, 981-7120 and Kriss Worthington, Councilmember District 7, 981-7170

10.  Proclamation: Honoring Peter Trier (PDF, 315 KB)

From: Councilmember Spring 

Recommendation:  Approve a proclamation honoring the contributions of Peter Trier to the community.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140.

Action Calendar – Public Hearing – Budget

11.  FY 2006 & FY 2007 Proposed Budget (HTML, opens in new browser window) 

From: City Manager

Recommendation: Conduct a public hearing on the FY 2006 & FY 2007 Proposed Budget.  A second public hearing will be held on June 21, 2005. Council will adopt the FY 2006 & FY 2007 Biennial Budget on June 28, 2005.

Financial Implications: See budget book.

Contact: Tracey Vesely, City Manager, 981-7000

Action Calendar – Old Business

12.  Precautionary Principle Ordinance (PDF, 1 MB) (Held over from May 10, 2005)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance adding Berkeley Municipal Code Chapter 12.29 entitled the “Precautionary Principle.”

Financial Implications: Unknown.

Contact: Stephen Barton, Housing, 981-5400

Action Calendar – New Business

13.  City Commissions: Reducing Staff Support and Frequency of Meetings as a Cost Reduction Measure

a.   From: City Manager (PDF, 210 KB)

Recommendation: Direct the City Manager to implement changes as directed by the Council to reduce staff costs in support of City commissions.

Financial Implications: Reduced staffing costs.

Contact: Phil Kamlarz, City Manager, 981-7000

b.      From: Commission on Disability (PDF, 152 KB)

Recommendation: Maintain the current monthly meeting schedule for the Commission on Disability, while eliminating staff support requirements at subcommittee meetings and giving the Commission the opportunity to identify additional cost reduction measures.

Financial Implications: 25% reduction in Commission costs.

Contact: Paul Church, Secretary, 981-6342

c.      From: Disaster Council (PDF, 139 KB)

Recommendation:  Continue the Disaster Council regular meetings on a monthly basis, up to ten times a year.

Financial Implications: See report.

Contact: Dory Ehrlich, Secretary, 981-5506

d.      From: Solid Waste Management Commission (PDF, 250 KB)

Recommendation: Maintain the Solid Waste Commission in its current status and meeting schedule, at least until the completion of the Solid Waste Management Plan.

Financial Implications: See report.

Contact: Tania Levy, Secretary, 981-6368

e.  From: Mayor Bates and Councilmember Linda Maio (PDF, 164 KB)

From: Mayor Bates and Councilmember Maio

Recommendation: Consolidate the Disaster Council and Fire and Safety Commissions, maintain the Solid Waste and Public Works commissions as separate entities and revise commission meeting schedules according to one of four proposed meeting schedules.

Financial Implications: Reduced staff time.

Contact: Tom Bates, Mayor, 981-7100 and Linda Maio, Councilmember District 1, 981-7110

Information Reports

14.  Public Art Gateway Sculpture: “HERETHERE” in South Berkeley  (PDF, 408 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

15.  Annual Work Plan  (PDF, 137 KB)

From: Commission on Labor

Contact: Delfina M. Geiken, Secretary, 981-7551

16.  Ohlone Dog Park (PDF, 383 KB) (CF 16-04)

From: Parks & Recreation Commission

Contact: Virginia Aiello, Secretary, 981-6700

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.

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

1.      Sam Neurny

2.      Anne G. Shapiro

3.      Despina Bonadies

4.      Mark Creek-Water

5.      Kate Tanaka

6.      Stephanie Thomas

7.      Bob Barry

8.      Frances Hillyard

9.      Brian Leary

10.  Waterfront Commission, submitted by Paul Kamen, Chair

LBNL’s Notice of Preparation for the Draft Environmental Impact Report for Building 51 and Bevatron Particle Accelerator Demolition

11.  Committee to Minimize Toxic Waste, submitted by Pamela Sihvola

Public Employee Pension Plans

12.  Barbara Gilbert

Code Enforcement Funding

13.  Barbara Gilbert

Community Health Commission’s Health and Human Services Reorganization Proposal

14.  Tom Kelly, Chair, Community Health Commission

Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge)

15.  Alan R. Seher, Esq., Weiss & Weissman, Inc., Counsel for NEDS

UC Long Range Development Plan

16.  Carl Friberg, on behalf of Berkeleyans for a Livable University Environment (BLUE)

Density Bonus

17.  Jim Hart

18.  Barbara Gilbert

Jubilee Restoration

19.  Brian Tellus (2)

Alta Bates Kirk/Shearer Agreement

20.  Julie G. Shearer

BART Retiree Benefits and Fares

21.  Barbara Gilbert

Habitot Children’s Museum Tours Invitation

22. Lindy Villa, Development Associate, Habitot Children’s Museum