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