Regular Meeting eSummary
June 21
, 2005

printer friendly pdf

Printer-friendly PDF* summary: (218 KB)

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 21, 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 honoring the 85th Anniversary of local Boy Scout Troop 24.

2.      Certificates of Recognition presented to the sponsors of Project Build, the summer reading program.

3.      California Park and Recreation Society Plaque honoring the life and work of Karl Linn.

4.      Recognition of Manuela Albuquerque, City Attorney, on her designation as Attorney of the Year, by the public law section of the California Bar Association.

City Manager Comments:  No Comments

Public Comment:  9 speakers.

Consent Calendar

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

1.      Amendments to Subdivision Ordinance Regarding Conversion of Long-Term, Owner-Occupied Tenancies In Common (PDF, 74 KB) (CF 21-05) (First Reading June 14, 2005. As amended: Noes–Capitelli, Wozniak; Abstain–Worthington)

From: City Manager

Recommendation:  Adopt second 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: Adopted Ordinance No. 6,857–N.S. (PDF, 79 KB)  Effective July 21, 2005. (Noes – Capitelli, Wozniak; Abstain – Worthington)

2.      Minutes for Approval (PDF, 75 KB)

From: City Manager

Recommendation: Approve minutes for the Council meeting of May 10, 2005 (regular).

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

Action: Approved minutes as submitted.

3.      Contract: Parking Citation Collection and Processing Services (PDF, 328 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with City of Inglewood for comprehensive parking citation and processing services for the City from July 1, 2005 to June 30, 2006 in an amount not to exceed $400,000 with options for two one-year extensions through June 30, 2008, for a total contract amount not to exceed $1,200,000.

Financial Implications: General Fund – $400,000 (or $1,200,000 for three years).

Contact: Fran David, Finance, 981-7300

Action: Adopted Resolution No. 62,956–N.S. (PDF, 104 KB) 

4.      Operational Area Agreement (PDF, 217 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement with the Alameda County Operational Area Emergency Management Organization.

Financial Implications: None.

Contact: Debra Pryor, Fire, 981-5500

Action: Adopted Resolution No. 62,957–N.S. (PDF, 78 KB) 

5.      New Berkeley Electrical Code (PDF, 815 KB)

From: City Manager

Recommendation: Adopt first reading of Ordinance repealing Berkeley Municipal Code (BMC) Chapter 19.30, Berkeley Electrical Code, and adopting a new BMC Chapter 19.30 and procedural provisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted first reading of Ordinance. Second reading scheduled for June 28, 2005.

6.      FY 2005-2006 Transportation Development Act Article 3 Fund Allocations (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in FY 2005-2006 for the Bicycle/Pedestrian Safety Education program and the Ninth Street Bicycle Boulevard extension, and authorizing the City Manager to accept the funds, execute resultant agreements and amendments, and implement the projects, subject to securing the funds; and 2) declaring that the City is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, that there in no pending or threatened litigation that might adversely affect the project or projects described in Exhibit B to this Resolution, or that might impair the ability of the City to carry out the projects; that the City attests to the accuracy of and approves the statements in Exhibit A to this Resolution, and that a certified copy of this Resolution and its exhibits shall be forwarded to the Alameda County Congestion Management Agency for submission to MTC as part of the Countywide coordinated TDA Article 3 claim.

Financial Implications: MTC Fund – $213,844 grant revenue (no matching funds required).

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Resolution No. 62,958–N.S. (PDF, 1 MB)

7.      Requirement for Public Review of Tentative Agreements (PDF, 80 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation:  Approve the concept of requiring all future confidentiality agreements to include a provision for public review and comment on any tentative land use, master plan, or long range agreement prior to final Council action and request the City Manager return with an appropriate resolution to implement this concept.

Financial Implications: None.

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

Action: Removed from the Consent Calendar by Councilmember Spring.  Held over to June 28, 2005 by Mayor Bates.

8.      Recruitment and Selection of the Alameda County Registrar of Voters (PDF, 85 KB)

From: Councilmember Maio and Mayor Bates

Recommendation: Request the Board of Supervisors emphasize the following position requirements in recruiting for the position of Alameda County Registrar of Voters: familiarity with issues surrounding secure voting systems, a commitment to safeguarding the integrity of the vote in Alameda County voting equipment and systems, and a plan for implementing Instant Runoff Voting (IRV) in communities that authorize it.

Financial Implications: None.

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

Action: Removed from Consent by Councilmember Wozniak.  Moved, seconded, carried (Maio/Spring; Noes – Olds) to approve recommendation as amended to request the Board of Supervisors emphasize the following position requirements in recruiting for the position of Alameda County Registrar of Voters: familiarity with issues surrounding secure voting systems, a commitment to safeguarding the integrity of the vote in Alameda County voting equipment and systems, and to implement Instant Runoff Voting (IRV) in communities that authorize it.

9.      Inclusive Community Process to Follow Up on Bicycle Transportation Account Application for Traffic Signal at Hillegass and Ashby Avenues (PDF, 28 KB)

From: Councilmembers Worthington, Anderson and Wozniak

Recommendation:  Request that the City Manager establish an inclusive community process to follow up on the Bicycle Transportation Account application for a traffic signal at Hillegass and Ashby Avenues, taking into consideration the following concerns of residents and bicyclists:
1) that installation of a light or other traffic tools (such as Santa Rosa lights) at this location and/or adjoining locations should not be allowed to increase the amount of automobile traffic on this important bicycle boulevard; 2) how to reduce both the speed and the volume of automobile traffic on Hillegass and the surrounding residential streets; 3) addressing any possible ways (either in addition to or instead of the traffic light) to facilitate safe crossings for pedestrians and bicycles at this intersection; and 4) that if the grant is approved, that  the contract for installation will not be signed and the light will therefore not be installed before a report returns to the City Council agenda.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130; Gordon Wozniak, Councilmember District 8, 981-7180

Action: Approved recommendation.

10.  “Save the Safety Net” Budget Proposal (PDF, 24 KB)

From: Councilmember Worthington

Recommendation: Refer to the budget process recommendations from the Save the Safety Net coalition, including restoration of funding for community service agencies that would otherwise be cut due to reductions in federal funding for CDBG, CSBG, and ESG; and that any funds reinstated by this recommendation would then go to the respective commissions (Human Welfare and Community Action Commission, Homeless Commission, and Housing Advisory Commission) to decide which individual groups will receive the replacement funding.

Financial Implications: $600,000.

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

Action: Approved recommendation (Noes – Olds; Abstain – Bates) as amended to also include restoration of funding that would otherwise be cut due to reductions in the general fund.

11.  Appointments: Mental Health Commission

a.   From: Mental Health Commission (PDF, 219 KB)

Recommendation:  Adopt a Resolution re-appointing the following individuals to the Mental Health Commission, Special Public Interest Category: 1) Paul Clermont for a three-year term beginning June 21, 2005 and ending June 20, 2008; 2) Sandi Harrington for a three-year term beginning June 22, 2005 and ending June 22, 2008; and 3) Artensia Barry to complete her current three-year term ending on October 21, 2006.

Financial Implications: None.

Contact: Harvey Turek, Secretary, 981-5213

b. From: City Manager (PDF, 50 KB)

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

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

Action: Adopted Resolution No. 62,959–N.S.

Action Calendar – Public Hearing – Budget

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

a.   From: City Manager (PDF, 42 KB)

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

Financial Implications: See budget book.

Contact: Tracy Vesely, City Manager, 981-7000

b.   Proposals from Councilmembers (PDF, 42 KB)

Contact: Phil Kamlarz, City Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. 77 speakers.  Moved, seconded, carried (Maio/Anderson) to close the public hearing.

Action: Discussion held.

Action Calendar – Public Hearing

13.  Credit and Debit Card Use for Campaign Expenditures

a.   From: Fair Campaign Practices Commission (PDF, 372 KB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the Berkeley Election Reform Act (BERA) to permit use of credit cards and debit cards for campaign expenditures.

Financial Implications: Reduced staff time.

Contact: Manuela Albuquerque, Secretary, 981-6950

b.   From: City Manager (PDF, 54 KB)

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

Contact: Manuela Albuquerque, City Attorney, 981-6950

Public Testimony: The Mayor opened the public hearing. 1 speaker.  Moved, seconded, carried (Moore/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Wozniak/Capitelli; Absent - Maio) to adopt first reading of the ordinance. Second reading scheduled for June 28, 2005.

Action Calendar – Old Business

14.  Application of Zoning Ordinance to Illegal Construction

a.   Demolition of Residential Units (PDF, 456 KB) (Held over from June 14, 2005)

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

b.   City Manager's Report Responding to June 14 Council Questions: Possible Amendment to Zoning Ordinance Regarding Illegal Construction; Process for Such Amendment; and Application to Drayage Building (PDF, 324 KB) (To be delivered)

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, failed (Wozniak/Olds; Noes – Maio, Moore, Anderson, Spring, Worthington) a substitute motion to approve staff recommendation to take no further action at this time.

Moved, seconded, failed (Spring/Anderson; Noes – Capitelli, Olds, Wozniak, Bates; Abstain – Maio, Worthington) a main motion to interpret the zoning code to read that dwelling units, regardless of whether they are permitted or not, must undergo a hearing of the Zoning Adjustments Board prior to demolition.

Moved, seconded, carried, (Capitelli/Maio; Abstain – Olds, Wozniak) a motion directing the  City Manager to report back to Council regarding status of the tenants and outlining suggestions regarding the possible disposition and distribution of accrued fines to all tenants, including those who have already moved out of the building.

Action Calendar – New Business

15.  Alternate UC Sewer Service Payment Method (PDF, 154 KB)

From: City Manager

Recommendation: Adopt Resolution providing for alternate method for University of California to pay sewer service charges, as required by the 2020 Long Range Development Plan (LRDP) Settlement Agreement.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved, seconded, carried (Anderson/Capitelli; Noes – Spring, Worthington; Abstain – Anderson; Absent Olds) to adopt Resolution No. 62,960–N.S. (PDF, 78 KB) 

16.  Dedicated Revenue Stream for Affordable Housing Trust Fund: Sale of Surplus Property

a.   From: Councilmember Worthington  (PDF, 83 KB)

Recommendation: Adopt a policy to designate a dedicated revenue stream for the Affordable Housing Trust Fund by setting aside a percentage of revenue (between 25% to 50%) from sale of surplus property.

Financial Implications: None.

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

b. From: Housing Advisory Commission  (PDF, 186 KB)

Recommendation:  Allocate a significant portion of proceeds from sales of surplus City property to the City of Berkeley Housing Trust Fund.

Financial Implications: Unknown.

Contact: Oscar A. Sung, Secretary, 981-5410

c.   From: City Manager  (PDF, 66 KB)

Recommendation:  Refer to the budget process.

Contact: Stephen Barton, Housing, 981-5400

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

17.  Funding Recommendations for Community Agencies Providing Services for the Poor

a.   From: Human Welfare and Community Action Commission  (PDF, 485 KB)

Recommendation: Adopt a Resolution: 1) approving the restoration of General Funds in the amount of $1,141,736 for community agencies that provide services to the poor; and 2) providing new funding for three programs: Alzheimer’s Services of the East Bay, Dementia Specific Services, in the amount of $40,000; the Center for the Education of the Infant Deaf, Hearing Equipment Loaner Bank Project, in the amount of $38,802; and St Paul’s AME Church, Community Feeding Program, in the amount of $6,600.

Financial Implications: General Fund – $1,227,138

Contact: Kristen Lee, Secretary, 981-5427

b.   From: City Manager  (PDF, 136 KB)

Recommendation:  Refer to the budget process.

Contact: Stephen Barton, Housing, 981-5400

Action: Moved, seconded, carried (Olds/Capitelli) to approve the staff recommendation to refer to the budget process.

Information Reports

18.  Landmarks Preservation Commission Notices of Decision: Structure of Merit Designation – 2101 Vine Street/1505 Shattuck Avenue; and Landmark Designation –Claremont Gate and Street Markers  (PDF, 19 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

19.  Landmarks Preservation Commission Notices of Decision –Approval of Structural Alteration Permit: 2724 Haste Street; 2295 Shattuck Avenue; and 3332 Adeline Street (PDF, 4 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Living Wage Rates

1.      Barbara Gilbert

Berkeley’s First Call Program

2.      Alan R. Theriault

3.      Sally S. Senior

SB 435 (Hollingsworth) Housing Density Bonuses

4.      Barbara Gilbert

Funding for Jubilee Restoration

5.      Brian Tellus, EyeonBerkeley (2)

6.      Jane Micallef

Berkeley Police/Fire Department - Disabling Alarms

7.      Walter Wood


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

Item 12: FY 2006 & FY 2007 Proposed Budget

8.      Fiscal Year 2006 Proposed Budget Amendments, submitted by Mayor Bates (PDF, 615 KB)

9.      Community Survey Results, submitted by Mayor Bates (PDF, 748 KB)

10.  $BudgetWatch$, submitted by Barbara Allen

11.  Barbara Gilbert

Item 14: Application of Zoning Ordinance to Illegal Construction

12.  Memorandum, submitted by Councilmember Spring (PDF, 81 KB)

13.  Howard Chong, Chairperson, Berkeley Rent Stablilization Board (PDF, 251 KB)

14.  Maresa Danielsen

Animal Shelter Cuts

15.  Susan Spiegel

June 14, 2005 BASTA Presentation to Council

16.  Marie Bowman

RFID at the Berkeley Public Library

17.  Petition with 939 signatures, Super Berkeleyans Organizing for Library Defense (SuperBOLD), submitted by Jane Welford, Executive Secretary

18.  Frances Hillyard

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

Item 8: Recruitment and Selection of the Alameda County Registrar of Voters

19.  San Francisco District 7 Voting Tally, submitted by Councilmember Wozniak

Item 10: “Save the Safety Net” Budget Proposal

20.  Associated Students of the University of California (ASUC)

Item 12: FY 2006 & FY 2007 Proposed Budget

21.  Presentation materials, submitted by the City Manager (PDF, 11 MB)

22.  Trudy Washburn, $BudgetWatch$

23.  Catherine Rice

24.  Suzanne Seraphin, Diane Sequoia, Wayne Collins and Chadidjah McFall

25.  East Asian Youth Center

26.  Gene Bernardi

27.  Petition with additional signatures, Super Berkeleyans Organizing for Library Defense (SuperBOLD), submitted by Jane Welford, Executive Secretary

Item 16: Dedicated Revenue Stream for Affordable Housing Trust Fund: Sale of Surplus Property

28.  Jesse Arreguin, Director, Associated Students of the University of California (ASUC) City Affairs Lobby and Housing Commission


Adjournment

Adjourned at 12:15 a.m., June 22, 2005.