Regular Meeting eSummary
June 14
, 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, June 14, 2005

7:00 P.M.

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

Preliminary Matters

Roll Call:   7:02 p.m.  All present.

Ceremonial Matters:

1.      Proclamation to Murphy Porter on behalf of the City of Hattiesburg.

2.      Amateur Radio Week Proclamation recognizing "ham" radio operators who are part of the emergency communications network and promoting their annual testing event the following weekend.

3.      Introduction of the newly elected Associated Students of the University of California (ASUC) Officers for 2005-2006.

City Manager Comments:  On June 18, 2005 from 10 a.m.-12 p.m. at the Police Department there will be a free child safety seat check-up.

Public Comment:  13 speakers.

Youth Comments:  No speakers.


Consent Calendar

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

1.      Revisions to the Zoning Ordinance, Part 2 (PDF, 706 KB) (First Reading May 24, 2005 – Unanimous)

From: City Manager

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

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Ordinance No. 6,854 –N.S. (PDF, 755 KB) Effective July 14, 2005.

2.      Disclosure of Slavery Ties of Financial and Insurance Institutions (PDF, 10 KB) (First Reading May 24, 2005; Noes – Olds)

From: Councilmembers Moore, Anderson and Spring

Recommendation:  Adopt second reading of Ordinance to require financial entities doing business with the City to disclose any financial ties with slavery, whether investment, collateral for loans, or issuing insurance policies.

Financial Implications: Unknown.

Contact: Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; Dona Spring, Councilmember District 4, 981-7140

Action: Adopted Ordinance No. 6,855 –N.S. (PDF, 162 KB) Effective July 14, 2005.

3.      ZA 1-05: Zoning Amendments for Parking Requirements (PDF, 2 MB) (First Reading May 24, 2005 – Noes – Worthington; Abstain – Spring)

From: City Manager

Recommendation: Adopt second reading of Ordinance amending Berkeley Municipal Code (BMC) to implement C1.1 and C1.2 recommendations by Mayor’s Task Force on Permitting and Development (MTF).

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Ordinance No.  6,856 –N.S. (PDF, 2 MB) Effective July 14, 2005.

4.      Minutes for Approval (PDF, 5 MB)

From: City Manager

Recommendation: Approve minutes for Council meetings of March 7, 2005 (special closed), April 26, 2005 (regular), May 10, 2005 (special and regular), May 17, 2005 (regular and special closed), and May 24, 2005 (regular and special closed).

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

Action: Approved all minutes except the May 10, 2005 regular minutes, which were held over to June 21, 2005, and May 17, 2005 special closed minutes, which were held over to June 28, 2005 by Councilmember Spring.

5.      Needle Exchange (PDF, 175 KB)

From: City Manager

Recommendation:  Adopt Resolution reviewing and confirming continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing local health officer to take steps to enable operation of Needle Exchange Emergency Distribution.

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

Action: Adopted Resolution No. 62,923 –N.S. (PDF, 100 KB)

6.      Hugh and Bethany Dineen v. City of Berkeley (PDF, 137 KB)

From: City Manager

Recommendation:  Adopt Resolution approving settlement of Alameda County Superior Court Action No. RG 05 210852 entitled, Hugh and Bethany Dineen v. City of Berkeley, in the amount of $22,000.

Financial Implications: Public Liability Fund – $22,000.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,924 –N.S. (PDF, 74 KB)

7.      Sharon R. Jones v. City of Berkeley (PDF, 133 KB)

From: City Manager

Recommendation:  Adopt Resolution approving settlement of Alameda Superior Court Action No. 2002 40269 entitled, Sharon R. Jones v. City of Berkeley, in the amount of $25,000.

Financial Implications: Public Liability Fund – $25,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,925 –N.S. (PDF, 70 KB)

8.      Contract: Downtown Berkeley YMCA (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute a contract and any amendments with Downtown Berkeley YMCA in the amount of $239,940 for fitness center memberships for City employees for the period July 1, 2005 through June 30, 2006.

Financial Implications: General Fund – $121,613; Other Funding – $118,327.

Contact: Tracy Vesely, City Manager, 981-7000

Action: Adopted Resolution No. 62,926 –N.S. (PDF, 75 KB)

9.      Assessment: North Shattuck Business Improvement District (PDF, 1 MB)

From: City Manager

Recommendation: Adopt Resolution: 1) approving the FY 2005 Annual Report of the North Shattuck Business Improvement District (BID); 2) declaring Council’s intention to levy annual assessment for North Shattuck BID for FY 2006; and, 3) scheduling a public hearing for July 12, 2005, to consider levying renewed assessment for FY 2006.

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,927–N.S. (PDF, 1 MB)

10.  Assessment: Telegraph Property and Business Improvement District (PDF, 598 KB)

From: City Manager

Recommendation:  Adopt Resolution: 1) approving the Annual Assessment Report for Telegraph Property and Business Improvement District for FY 2005; 2) declaring intention to levy special assessments in the District for FY 2006; and 3) setting a public hearing on the levy of assessments for July 12, 2005.

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,928 –N.S. (PDF, 449 KB)

11.  Appropriations Limit for FY 2006 (PDF, 247 KB)

From: City Manager

Recommendation:  Adopt Resolution providing notice that: 1) Council will adopt appropriations limit for FY 2006 at its June 28, 2005 meeting; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk Department on or before June 13, 2005.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

Action: Adopted Resolution No. 62,929 –N.S. (PDF, 80 KB)

12.  Formal Bid Solicitations and Requests for Proposals (PDF, 312 KB)

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will 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 – $264,000.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

13.  Contract: Abatement Services (PDF, 259 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute amendment to contract with Freitas Landscape and Maintenance for abatement services to increase contract amount by $15,000 for total contract amount not to exceed $52,958 and to extend term to June 30, 2006.

Financial Implications: General Fund – $15,000.

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

Action: Adopted Resolution No.  62,930 –N.S. (PDF, 119 KB)

14.  Contract: Immunization Assistance Program (PDF, 304 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute contract and any amendments with LifeLong Medical Care, Inc. for provision of immunization services for infants and children in Berkeley for the period July 1, 2004 through June 30, 2006 in an amount not to exceed $20,000.

Financial Implications: Health Fund – $20,000.

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

Action: Adopted Resolution No. 62,931–N.S. (PDF, 104 KB)

15.  Cash-Disbursement Fund to Redeem Taxi Scrip (PDF, 178 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing increase in cash-disbursement fund in an amount not to exceed $8,000 for redemption of taxi scrip for Taxi Drivers at Finance Customer Service.

Financial Implications: Measure B and General Fund – $8,000.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,932 –N.S. (PDF, 71 KB) 

16.  2005 Annual Action Plan Amendment (PDF, 282 KB)

From: City Manager

Recommendation:  Adopt Resolution amending the City’s 2005 Annual Action Plan of the 2005-2010 Consolidated Plan for Housing and Community Development to include the City’s plans to submit a Brownfields Economic Development Initiative Grant Application and a HUD 108 Application for the Oxford Plaza and David Brower Center Development.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,933 N.S. (PDF, 120 KB)

17.  Grant Application: Brownfields Economic Development Initiative (BEDI) for Oxford Plaza and David Brower Center Development (PDF, 510 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to submit a grant application to the U.S. Department of Housing and Urban Development for a Brownfields Economic Development Initiative Grant in the amount of $2,000,000 to assist the development of the Oxford Plaza and David Brower Center Project.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,934–N.S. (PDF, 86 KB)

18.  Shelter Plus Care Supportive Housing Grant Renewal Award (PDF, 322 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to: 1) accept grant renewal award from U.S. Department of Housing and Urban Development in the amount of $1,909,116 for tenant-based rental assistance for Shelter Plus Care Supportive Housing Program for the period May 24, 2005 through May 23, 2006; 2) execute contracts and any amendments totaling $59,048 for upcoming fiscal year beginning July 1, 2005, with the following community-based agencies: Berkeley Food and Housing Project ($16,000); Bonita House, Inc. ($3,000); Building Opportunities for Self-Sufficiency ($16,000); Coalition for Alternatives in Mental Health ($3,000); Homeless Action Center ($10,048); Lifelong Medical Care ($5,000); Rubicon Programs ($3,000); and Women’s Daytime Drop-In Center ($3,000); and, 3) renew such community agency contracts annually hereafter.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,935–N.S. (PDF, 113 KB) 

19.  Contract: Training and Organizational Development Services (PDF, 436 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute contract and any amendments with Centre for Organization Effectiveness for training and organizational development services for an amount not to exceed $60,000, from May 1, 2005 through December 31, 2007.

Financial Implications: Training Fund – $60,000.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 62,936 –N.S. (PDF, 115 KB) 

20.  Contract: Computer Network Cabling (PDF, 198 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute amendment to contract with Capitol Communications Inc., increasing the amount by $35,000 to cover additional work on City’s computer network, for a total amount not to exceed $170,000, and extending the term to June 30, 2006.

Financial Implications: Building Purchasing & Maintenance Fund – $35,000.

Contact: Chris Mead, Information Technology, 981-6500

Action: Adopted Resolution No. 62,937–N.S. (PDF, 67 KB) 

21.  Contract: Public Safety Systems Consultant (PDF, 203 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute amendment to contract with Xerxes Consulting, Inc. increasing the amount by $25,000 to cover additional work on current police and fire computer systems, for a total amount not to exceed $50,000 and extending the term to June 30, 2007.

Financial Implications: General Fund (I.T. Annual Budget) – $25,000.

Contact: Chris Mead, Information Technology, 981-6500

Action: Adopted Resolution No. 62,938–N.S. (PDF, 59 KB)

22.  Application: Additional Loan for Marina Dock Replacement Project (PDF, 318 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to submit loan application to California Department of Boating and Waterways for an additional $2,000,000 loan for Berkeley Marina Docks A-E and H-I Replacement and Restroom Replacement; and authorizing City Manager to execute any resultant agreements and amendments.

Financial Implications: See report.

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

Action: Adopted Resolution No. 62,939–N.S. (PDF, 91 KB)

23.  Contracts: Environmental and Planning Services (PDF, 409 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to approve six contracts and amendments with Baseline Environmental Consulting, Christopher A. Joseph & Associates, Doug Donaldson, ERM, LSA, and Michael Brandman Associates for planning and environmental review services in an amount not to exceed $500,000 for each contract, for a total contract period of three years, with sole source of funding derived from funds provided by applicants.

Financial Implications: None (Additional funding paid by applicant).

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,940–N.S. (PDF, 124 KB)

24.  Contract: Clean City Services (PDF, 238 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute amendment to contract with Building Opportunities for Self-Sufficiency (BOSS) for litter removal, extending term of contract through June 30, 2006, for an annual total amount not to exceed $356,104.

Financial Implications: Refuse Fund – $356,104.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No.  62,941–N.S. (PDF, 95 KB) 

25.  Grant Application: Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding for Piedmont Avenue Reconstruction (PDF, 370 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing filing of application for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding in the amount of $209,000 for Piedmont Avenue reconstruction; committing necessary local match of $706,000 for project; stating City’s assurance to complete project; and authorizing City Manager to accept grant and execute resultant agreements and amendments.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,942–N.S. (PDF, 224 KB) 

26.  Assessment Engineer’s Report for Rule 20A Utility Undergrounding Districts (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation: Adopt Resolution declaring City’s intention to prepare Assessment Engineer’s Report and determine resulting assessments for City’s portion of costs, consisting of street light and project management, of three Rule 20A Utility Undergrounding Districts: Miller/Stevenson UUD No. 47, Grizzly Peak/Summit UUD No. 48, and Vistamount/UUD No. 35A.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Withdrawn by the City Manager.

27.  Purchase Order: Trillium USA for Compressed Natural Gas Fuel (PDF, 293 KB)

From: City Manager

Recommendation: Adopt Resolution authorizing City Manager to increase purchase order with Trillium USA to purchase compressed natural gas (CNG) fuel for City vehicles.

Financial Implications: Equipment Maintenance Fund – $84,000 for FY 2005; $200,000 for FY 2006 to 2008.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,943–N.S. (PDF, 77 KB)

28.  Demolition of Residential Units (PDF, 456 KB)

From: Councilmember Spring

Recommendation: Requesting clarification of the City’s policy on protecting residential units from demolition without a public hearing before the Zoning Board or City Council.

Financial Implications: None.

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

Action: Removed to Action by Councilmember Spring.  Moved, seconded, carried (Worthington/Capitelli) to hold over to June 21, 2005 and refer to the City Manager and City Attorney for additional analysis regarding ramifications on future actions and legal analysis and advice.

29.  Proclamation: Edith Kramer Day (PDF, 147 KB)

From: Councilmember Worthington

Recommendation: Adopt a proclamation for Edith Kramer Day in Berkeley.

Financial Implications: None.

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

Action: Held over to June 28, 2005 by Councilmember Worthington.

30.  Welcome Iraqi Labor Leaders to Berkeley (PDF, 29 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution welcoming Iraqi labor leaders to Berkeley.

Financial Implications: None.

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

Action: Adopted Resolution No. 62,944–N.S. (PDF, 210 KB) (Abstain – Wozniak)

31.  Assessment: Elmwood Theater Business Improvement Area

a.      From: Advisory Board for the Elmwood Theater Business Improvement Area (PDF, 829 KB)

Recommendation:  Adopt Resolution: 1) approving Annual Assessment Report for FY 2005 Elmwood Theater Business Improvement Area; 2) declaring intention to levy FY 2006 annual assessments in Improvement Area; and 3) setting public hearing for July 12, 2005 on levy of assessments.

Financial Implications: See report.

Contact: Dave Fogarty, Secretary, 981-7534

b.      From: City Manager (PDF, 54 KB)

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

Contact: Tom Myers, Economic Development, 981-7530

Action: Councilmember Capitelli recused himself because he is a member of the Elmwood Theater Board.  Adopted Resolution No. 62,945-N.S. (PDF, 188 KB) (Absent – Capitelli).

32.  2006-2007 Community Action Plan Submission

a.      From: Human Welfare and Community Action Commission (PDF, 7 MB)

Recommendation: Adopt Resolution authorizing City Manager to submit 2006-2007 Community Action Plan to State Department of Community Services and Development.

Financial Implications: None.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager (PDF, 54 KB)

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

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,946–N.S. (PDF, 61 KB)

33.  Daw Aung San Suu Kyi Day

a.      From: Peace and Justice Commission (PDF, 398 KB)

Recommendation:  Adopt Resolution proclaiming June 19, 2005 as Daw Aung San Suu Kyi Day in the City to commemorate her 60th birthday.

Financial Implications: None.

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

b.      From: City Manager (PDF, 49 KB)

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

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

Action: Adopted Resolution No. 62,947–N.S. (PDF, 164 KB)

Action Calendar – Public Hearing

34.  Utility Underground Districts (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation:  Conduct public hearing and upon conclusion, adopt three Resolutions amending Resolutions establishing utility underground districts No. 47, Miller/Stevenson; No. 48, Grizzly Peak/Summit; and No. 35A, Vistamount with time specific dates for utility companies and parcel owners to complete required work.

Financial Implications: None.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Withdrawn by the City Manager.

Action Calendar – Public Hearing – Fees

35.  Public Hearing: Fees

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, take action on the proposed adjustments for Environmental Health fees, Street Events and Certified Farmers’ Market fees, Marina fees, Parks and Recreation Program and Facility fees, Refuse Rates, and Traffic Engineering fees for Development-Related Services (items 35a-f).

Contact: Phil Kamlarz, City Manager, 981-7000.

Public Testimony: The Mayor opened the public hearing.  3 speakers.  The Mayor closed the public hearing.

a.      Environmental Health Fees (PDF, 4 MB)

From: City Manager

Recommendation: Adopt Resolution establishing FY 2006, 2007 and 2008 fees for inspection and other services provided by City of Berkeley Environmental Health Division as required by Berkeley Municipal Code (BMC) and California Health and Safety Code; and rescinding Resolution Nos. 62,061–N.S., 62,070–N.S., 62,071–N.S., and 62,072–N.S.

Financial Implications: See report.

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

Action: Moved, seconded, carried (Maio/Capitelli; Noes – Wozniak; Absent – Worthington) to adopt Resolution No. 62,948–N.S. (PDF, 902 KB)

b.      Street Events and Certified Farmers’ Markets Fees (PDF, 5 MB)

From: City Manager

Recommendation:  1) Adopt first reading of Ordinance amending Berkeley Municipal Code (BMC) Sections 13.44.020, 13.44.040 and 13.44.080 to make technical corrections; and 2) adopt Resolution establishing permit filing fees for street events and Certified Farmer’s Markets.

Financial Implications: See report.

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

Action: Held over to June 28, 2005 by Mayor Bates.

c.       Marina Fees (PDF, 663 KB)

From: City Manager

Recommendation: Adopt Resolution establishing the rate schedule in the Marina by increasing base rate fees by 12 percent for Fiscal Year 2006, and rescinding Resolution No. 62,536–N.S.

Financial Implications: See report.

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

Action: Moved, seconded, carried (Olds/Maio; Noes – Spring, Wozniak; Absent-Worthington) to adopt Resolution No. 62,949–N.S. (PDF, 153 KB)

d.      Parks and Recreation Program and Facility Fees (PDF, 4 MB)

From: City Manager

Recommendation: Adopt two Resolutions: 1) approving new fees for parks and recreation programs and facilities and rescinding Resolution No. 62,441–N.S. and amendatory resolutions; and 2) approving policies and procedures for parks and recreation programs and facilities and rescinding Resolution No. 62,442–N.S. and amendatory resolutions.

Financial Implications: See report.

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

Action: Moved, seconded, carried (Spring/Maio) to adopt Resolution Nos. 62,950–N.S. (PDF, 561 KB) and 62,951–N.S. (PDF, 851 KB)

e.      Proposed Refuse Rate Changes (PDF, 2 MB)

From: City Manager

Recommendation: Adopt Resolution: 1) setting rates for all refuse collection and organics collection services; 2) setting rates for Transfer Station disposal of refuse and organics;
3) reconfirming existing refuse collection districts; and 4) rescinding Resolution No. 62,492–N.S. and amending resolutions, effective July 1, 2005.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Moved, seconded, carried (Maio/Spring; Noes – Wozniak) to adopt Resolution No. 62,952–N.S. (PDF, 772 KB)

f.        Proposed Traffic Engineering Fees for Development-Related Services (PDF, 414 KB)

From: City Manager

Recommendation: Adopt Resolution establishing: 1) traffic engineering fees to be added to fee schedule for Permit Service Center (PSC) for development-related services requiring traffic engineering review; and 2) traffic engineering fees to be collected by Office of Transportation for pre-application and other walk-in advice for development projects.

Financial Implications: See report.

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved, seconded, carried (Spring/Wozniak; Noes – Worthington) to adopt Resolution No. 62,953–N.S. (PDF, 136 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 – Budget

36.  Presentation: Broad-based Community Groups Regarding FY 2006-2007 Budget (PDF, 12 KB)

From: City Manager

Recommendation: Presentation regarding FY 2006-2007 budget by community groups that have previously contacted and registered with the City Clerk by  June 9, 2005.

Contact: Tom Bates, Mayor, 981-7100

Action:  Presentations made by Marie Bowman on behalf of BASTA and Boona Cheema on behalf of the Berkeley Community Coalition.  Discussion held.

37.  City Council Budget Referrals (PDF, 12 KB)

From: Individual Councilmembers

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Discussion held.  Referrals made.

38.  City Manager Status Report and Update, FY 2006-2007 (PDF, 2 MB)

From: City Manager

Contact: Tracy Vesely, City Manager, 981-7000

Action:  Presentation made.  Discussion held.

39.  City Commissions Meeting Schedule and Pilot Procedures, Including Tenure

a.      From: City Manager (PDF, 293 KB) (June 14, 2005)

Recommendation: Direct City Manager to implement a modified meeting schedule for several City Commission and authorize pilot procedures concerning tenure and permitting commissioners of certain designated commissions to prepare agendas and minutes of meetings effective July 2005.

Financial Implications: Reduced staffing costs.

Contact: Phil Kamlarz, City Manager, 981-7000

b.      From: City Manager (PDF, 210 KB) (Held over from May 17, 2005)

Recommendation: Direct City Manager to implement changes requested by Council to reduce costs of staff support and related services provided to City commissions.

Financial Implications: Reduced staffing costs.

Contact: Phil Kamlarz, City Manager, 981-7000

c.       From: Commission on Disability (PDF, 152 KB) (Held over from May 17, 2005)

Recommendation: Maintain current monthly meeting schedule for Commission on Disability; eliminate staff support requirements at subcommittee meetings; and give Commission opportunity to identify additional cost reduction measures.

Financial Implications: 25% reduction in Commission costs.

Contact: Paul Church, Secretary, 981-6342

d.      From: Disaster Council (PDF, 139 KB) (Held over from May 17, 2005)

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

Financial Implications: See report.

Contact: Dory Ehrlich, Secretary, 981-5506

e.      From: Solid Waste Management Commission (PDF, 250 KB) (Held over from May 17, 2005)

Recommendation: Maintain Solid Waste Commission at current status and meeting schedule through completion of Solid Waste Management Plan.

Financial Implications: See report.

Contact: Tania Levy, Secretary, 981-6368

f.        From: Mayor Bates and Councilmember Linda Maio (PDF, 164 KB) (Held over from May 17, 2005)

Recommendation: Consolidate Disaster Council and Fire and Safety Commissions; maintain 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

Action: Moved, seconded, carried (Moore/Capitelli; Noes –Worthington; Abstain – Spring) to adopt a proposal dated June 13, 2005 from Councilmembers Wozniak, Moore and Capitelli with the exception of an eight-year term limitation and prohibition of service on more than one commission, which were held over to July 12, 2005.  Councilmember Worthington referred to the City Attorney for further analysis the issue of whether consolidating the Fire Safety Commission and Disaster Council will result in a disparate distribution of appointees and is permissible under the Fair Representation Ordinance.

40.  Contract: HIV Testing and Counseling Services (PDF, 234 KB)

From: City Manager

Recommendation:  Adopt Resolution authorizing City Manager to execute amendment to contract with Berkeley Free Clinic for HIV testing and counseling services to increase contract amount by $43,000 for a total contract amount not to exceed $135,000, and to extend term to June 30, 2006.

Financial Implications: Health Fund – $43,000.

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

Action: Moved to Consent by Councilmember Maio. Adopted Resolution No. 62,954–N.S. (PDF, 117 KB)

41.  Funding of Planned Gate Across New Bicycle and Pedestrian Path to BART, University to Delaware (PDF, 260 KB)

From: Councilmembers Maio and Moore

Recommendation: Refer funding of the gate, which was planned for the new Bicycle/Pedestrian pathway, University to Delaware, to the budget process.

Financial Implications: $50,000.

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

Action: Moved to Consent by Councilmember Maio.

42.  Mitigation of Excessively Loud Train Horn Blowing (PDF, 161 KB)

From: Councilmember Maio

Recommendation: Refer the installation of alternative horn devices in several key places in West Berkeley to the budget process.

Financial Implications: $120,000 ($40,000 per installation).

Contact: Linda Maio, Councilmember District 1, 981-7110

Action: Moved to Consent by Councilmember Maio.

43.  Youth Center (PDF, 75 KB)

From: Councilmembers Moore and Anderson

Recommendation:  Refer to the budget process a one-time request for $50,000 to be set aside for FY 2007 to aid in the planning process for a youth center in Berkeley.

Financial Implications: $50,000.

Contact: Darryl Moore, Councilmember District 2, 981-7120 and Max Anderson, Councilmember District 3, 981-7130

Action: Moved to Consent by Councilmember Maio.

44.  Funding Request: Berkeley Guides

a.      From: Councilmembers Spring, Capitelli and Wozniak (PDF, 30 KB)

Recommendation: Refer to the budget process the appropriation of $80,000 in FY 2005-2006 budget to continue Berkeley’s Guides for six months to allow Downtown Business Association time to raise funds to match City’s contribution.

Financial Implications: $80,000.

Contact: Dona Spring, Councilmember District 4, 981-7140; Laurie Capitelli, Councilmember District 5, 981-7150; Gordon Wozniak, Councilmember District 8, 981-7180

b.      From: Councilmembers Moore and Wozniak (PDF, KB)

Recommendation: Refer to the budget process a one-time request for $163,000 to be used to fund the Berkeley Guides through FY 2006 in order to maintain current service levels.

Financial Implications: $163,000.

Contact: Darryl Moore, Councilmember District 2, 981-7120 and Gordon Wozniak, Councilmember District 8, 981-7180

Action: Referred to budget process by Councilmember Moore.

45.  Department of Health and Human Services Reorganization Proposal

a.      From: Community Health Commission (PDF, 685 KB)

Recommendation:  Conduct a review of the Health and Human Services Department scope of services, budget and number of staff for the last six years, and, upon conclusion, adopt a plan to improve the efficiency and delivery of City health services.

Financial Implications: See report.

Contact: Kristin Tehrani, Secretary, 981-5356

b.      From: City Manager (PDF, 353 KB)

Recommendation:  Direct the Community Health Commission to work with staff to develop a more complete understanding of the fiscal and program service delivery issues raised in the Commission’s proposal to “dismantle” the Health and Human Services Department and create two autonomous departments: a Public Health Department (including Environmental Health) and a Mental Health Department.

Financial Implications: None.

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

Action: Moved, seconded, carried (Wozniak/Olds) to refer back to the Commission and the City Manager to work collaboratively to conduct a review of the Health and Human Services Department scope of services and staffing over the past six years and adopt a plan to improve the efficiency and delivery of City health services and report back to Council on July 19, 2005.

46.  Funding Recommendations for Community Agencies Providing Homeless Services

a.      From: Homeless Commission (PDF, 331 KB)

Recommendation:  Adopt Resolution: 1) approving restoration of General Funds in the amount of $1,364,640 for community agencies providing homeless services; and 2) restoring full funding, in the amount of $52,000, to the Berkeley Ecumenical Chaplaincy to the Homeless’ HomePlate homeless youth drop-in program to allow time for Chaplaincy and YEAH to merge while maintaining homeless youth programs and preserving HUD funding.

Financial Implications: General Fund – $1,416,640.

Contact: Jane Micallef, Secretary, 981-5426

b.      From: City Manager (PDF, 632 KB)

Recommendation:  Refer the City Manager’s revised spending plan for community agencies providing homeless services to the budget process.

Financial Implications: General Fund – $1,548,628 ($135,000 over previous recommendation).

Contact: Stephen Barton, Housing, 981-5400

Action: Moved, seconded, carried (Wozniak/Maio) to approve City Manager’s recommendation.

47.  FY 2006 and FY 2007 Proposed Budget for Parks Recreation and Waterfront Department

a.      From: Parks and Recreation Commission (PDF, 227 KB)

Recommendation:  Adopt Resolution approving Parks Recreation and Waterfront Department FY 2006 budget according to Council-established priorities including additional funding to keep at least one outdoor pool open year-round and preserve two of four park maintenance positions slated to be eliminated in proposed budget.

Financial Implications: See report.

Contact: Virginia Aiello, Secretary, 981-5158

b.      From: City Manager (PDF, 62 KB)

Recommendation:  Refer item to budget process.

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

Action: City Manager’s recommendation to refer to the budget process moved to Consent by Councilmember Maio.

Action Calendar – New Business

48.  Amendments to Subdivision Ordinance Regarding Conversion of Long-Term, Owner-Occupied Tenancies In Common (PDF, 145 KB) (CF 21-05)

From: City Manager

Recommendation:  Adopt first reading of Ordinance adding new Section 21.28.060.F to the Berkeley Municipal Code (BMC) exempting conversion of certain tenancy in common projects from affordable housing mitigation fees.

Financial Implications: Unknown.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved, seconded, carried (Spring/Anderson; Noes – Capitelli, Wozniak, Bates; Abstain – Worthington) to adopt first reading of Ordinance as amended to limit the number of units subject to the housing mitigation fee exemption to fifteen on a first come, first-served basis. Second reading scheduled for June 21, 2005.

49.  Proposed Parking Information Guidance System (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt Resolution approving the April 2005 Parking Information Guidance System final report produced by IBI Group in principle; implementing the static signage component (estimated $17,000); authorizing City Manager to amend the contract with IBI Group for Phase II services in an amount not to exceed $61,418; and pursuing financial contributions from the business community, the University of California, and private sector parking facilities for these costs on a negotiated ‘fair-share’ basis.

Financial Implications: Off Street Parking Fund - $78,418

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved to Consent by Councilmember Olds. Adopted Resolution No. 62,955–N.S. (PDF, 100 KB)

Information Reports

50.  Investment Report: Quarter March 31, 2005 (PDF, 4 MB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

51.  Quarterly Report on Employee Safety and Workers’ Compensation (PDF, 1 MB) (CF 07-04)

From: City Manager

David Hodgkins, Human Resources, 981-6800

Action: Received and filed.

52.  Unrepresented Temporary Employees Information Report (PDF, 80 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action: Received and filed.

53.  1321 and 1331 Eighth Street and 1330-1336 Ninth Street: Certification and review of Planning Commission approval of Tentative Tract Map 7567 (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

54.  2530 Tenth Street: Certification and Review of Planning Commission Approval of Tentative Tract Map 7581 (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

55.  Civilianization of Police Department Functions (PDF, 428 KB)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action: Received and filed.

56.  Questions Regarding Culverts (PDF, 157 KB) (CF 01-05)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

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.

Marina Fees

1.      Petition with 55 signatures, submitted by Anonymous

Food Project (and more)

2.      David Bacon

Tenant Housing

3.      Edward Joseph

1734 Bancroft Demolition

4.      Erica Etelson

Aggressive Panhandling

5.      geburns1@**** (Wozniak)

“HERETHERE” Sculpture

6.      May Kandarian

Development Impact Fees

7.      Barbara Gilbert

Taxi Scrip

8.      Leona R. Shapiro

Peace and Justice Commissions Frequency of Meetings

9.      Corrine Galdsuok

Unreinforced Masonry (URM) Programs

10.  Barbara Gilbert

Recycling Carts

11.  Frank and Cathy Thompson (Maio)

World Environment Day, KyotoUSA

12.  Jane Kelly, KyotoUSA

Settlement with UC Berkeley

13.  North-side Neighborhood Association, submitted by Roger Van Ouytsel

14.  ScrewedNberkeley@****

SB 435, Density Bonus Bill

15.  Barbara Gilbert

College Avenue Pedestrian Crossing Signs

16.  Anne Whyte

Administrative Citations

17.  Barbara Gilbert

FirstCall Telephone Emergency System

18.  Richard M. White

Residential Traffic Circles

19.  Wendy Alfsen, District 4 Transportation Commissioner, MAAGNA and ABC Neighborhood Associations, Deborah Spaulding, Catherine Bronner DeSchepper, Brett DeSchepper, Janet Levinson, Zoe Kalkanis, Chris Knudsen, Carrie Sprague, Jill Heuslik, Andrea DuFlon, Dave Williamson, Summer Brenner, and Cathie

Halcyon Neighborhood Parking and Traffic (Spring, Worthington)

20.  Halcyon Neighborhood Association, submitted by Nancy Carleton, Co-Chair


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

Item 3: ZA 1-05: Zoning Amendments for Parking Requirements

21.  Miriam Hawley

Item 8: Contract: Downtown Berkeley YMCA

22.  Jim Hultman

Item 28: Demolition of Residential Units

23.  Memorandum, submitted by Planning Department (PDF, 192 KB)

Item 34: Utility Underground Districts

24.  Josephine H. Cooper

Item 37: City Council Budget Referrals

25.  Revised report, submitted by Councilmember Spring (PDF, 294 KB)

26.  Jennifer Price

Item 38: City Manager Status Report and Update, FY 2006-2007

27.  Revised “ERRATA” pages, submitted by City Manager (PDF, 2 MB)

28.  Janet C. Fischer

29.  Sheila Fischer

30.  Steven Beckendorf

31.  Eve T. Contente

Item 39: City Commissions Meeting Schedule and Pilot Procedures, Including Tenure

32.  Proposal, submitted by Councilmembers Wozniak, Moore and Capitelli (PDF, 263 KB)

Item 41: Funding of Planned Gate Across New Bicycle and Pedestrian Path to BART, University to Delaware

33.  Michael Fretz

Item 48: Amendments to Subdivision Ordinance Regarding Conversion of Long-Term, Owner-Occupied Tenancies In Common

34.  Bobbi Sloan

Halcyon Neighborhood Parking and Traffic

35.  Halcyon Neighborhood Association, submitted by Nancy Carleton, Co-Chair (Worthington)


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

Item 28: Demolition of Residential Units

36.  Jesse Arreguin

Item 30: Welcome Iraqi Labor Leaders to Berkeley

37.  Flyer and pamphlet, submitted by Michael Eisenscher

Item 35b: Street Events and Certified Farmers’ Markets Fees

38.  Martin Bourque, Executive Director, Ecology Center; Linda Graham, Program Manager, Berkeley Farmers’ Markets, Ecology Center

Item 37: City Council Budget Referrals

39.  Budget referral, submitted by Councilmember Anderson (PDF, 75 KB)

40.  Budget referral, submitted by Councilmember Spring (PDF, 68 KB)

Item 38: City Manager Status Report and Update, FY 2006-2007

41.  Revised Attachment A, submitted by the City Manager (PDF, 425 KB)

Item 48: Amendments to Subdivision Ordinance Regarding Conversion of Long-Term, Owner-Occupied Tenancies In Common

42.  Jesse Arreguin (see Communication #36)

Settlement with UC Berkeley

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


Adjournment

Adjourned at 11:36 p.m. in honor of Ted Johnston.