City Council eSummary - 01/27/04

Regular Meeting eSummary
January 27, 2004

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

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summary

BERKELEY CITY COUNCIL MEETING

January 27, 2004 – 7:00 p.m.

Preliminary Matters

Roll Call: 7:08 p.m. All present.

Ceremonial Matters:

1. Proclamation in recognition of Paul Navazio’s service to the City of Berkeley as Budget Manager.

2. Proclamation honoring Cathy Berger as she concludes her service as president of the Telegraph Avenue Association and declaration of Cathy Berger Day as January 27, 2004.

3. Proclamation in recognition of Berkeley Postmaster George Banks upon his retirement and his 42 years of service in the community.

City Manager Comments:

1. Berkeley Fire Fighters and the Police Association will hold a Basketball game charity event at Berkeley High School benefiting Berkeley youth on January 30, 2004 at 7 p.m.

2. The San Francisco Museum of Modern Art will exhibit Romare Bearden’s work, including the mural commissioned by the City of Berkeley, February 7 through May 15, 2004.

3. Construction on the University Avenue median strip will commence soon and run through May 25, 2004.

Public Comment: 15 speakers.

Consent Calendar

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

1. Needle Exchange (PDF, 162 KB)

From: City Manager

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

Contact: Sherry Kelly, City Clerk, 981-6900

Action: Adopted Resolution No. 62,366 – N.S. (PDF, 100 KB)

2. Berkeley Champions for Kids Volunteer Employee Release Time Policy (PDF, 593 KB) (CF 67-03)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to establish the Berkeley Champion for Kids Volunteer Employee Release Time Policy to provide up to forty hours of paid leave to employees for the purpose of mentoring, tutoring and/or providing support to “at risk” youth through approved City programs, in accordance with established procedures.

Financial Implications: Unknown.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,367– N.S. (PDF, 88 KB)

3. Bus Transportation for Recreation Program (PDF, 175 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing expenditures up to $60,000 for bus transportation for Parks Recreation & Waterfront Department recreation programs provided by the Berkeley Unified School District (BUSD) for the period of July 1, 2003 through June 30, 2004.

Financial Implications: Berkeley Day Camp, Recreation Programs and the Young Adult Project Funds - $60,000.

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

Action: Adopted Resolution No. 62,368 – N.S. (PDF, 59 KB)

4. Contract: Solid Waste Management Plan (PDF, 238 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Environmental Science Associates for consultant services to develop a Solid Waste Management Plan, for the period of February 13, 2004 to August 30, 2005 in an amount not to exceed $100,000.

Financial Implications: Refuse Fund – $100,000

Contact: Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,369 – N.S. (PDF, 76 KB)

5. Contract: Security Guard Services (PDF, 308 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Securitas Security Services USA Inc. for security guard services at 1947 Center Street, extending the term of the contract through June 30, 2004 and increasing the existing contract amount by $22,000 for a new total not to exceed $71,900; and approving options to extend the contract for four additional one-year periods in an amount not to exceed $66,000 per year up to a maximum of four years.

Financial Implications: 1947 Center Street Operating Expenses - $22,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,370 – N.S. (PDF, 90 KB)

6. Purchase Order: Elevator Maintenance (PDF, 224 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the Purchase Order with Thyssen Krupp Elevator by $15,000 for a total not to exceed $39,900 for elevator maintenance and repair service at 1947 Center Street.

Financial Implications: Building Purchases and Management Fund - $39,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,371 – N.S. (PDF, 68 KB)

7. Time Limits for Spay/Neuter of Feral Cats (PDF, 283 KB)

From: Councilmembers Hawley and Olds

Recommendation: Direct the City Attorney to revise Berkeley Municipal Code (BMC) Section 10.04.088 by changing the term “harboring” to “sheltering” and adding language that would: 1) require that a person feeding or sheltering feral cats, and actively working to spay and neuter them, complete the sterilization of 90% of the animals within three months and 100% of the animals by five months; 2) require that Animal Services check documentation of procedures every two weeks; and 3) after three months, if 90% of the cats are not spayed/neutered, require that Animal Services trap and remove the remaining un-neutered cats in accordance with the spay/neuter ordinance.

Contact: Mim Hawley, Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 6, 981-7160

Action: Approved recommendation.

8. Grant: Animal Care Services

a. From: Citizens Humane Commission (PDF, 436 KB)

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) allocate a one-time grant of $25,000 to the nonprofit animal rescue organization, Home At Last, in addition to the yearly $25,000 grant already allocated for expenses incurred in rescuing animals at the Berkeley Animal Care Shelter; 2) allocate a one-time grant of $10,000 to Fix our Ferals for expenses incurred while offering free trapping, spaying and neutering of feral cats, as well as increasing the SNYP fund by $14,000 in order to be able to continue the program through to the end of this fiscal year.

Financial Implications: General Fund - $35,000.

Contact: Kate O’Connor, Animal Services, 981-6600

b. From: City Manager (PDF, 51 KB)

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

Contact: Jim Hynes, City Manager, 981-7000

Action: Adopted Resolution No. 62,372 – N.S. (PDF, 127 KB)

9. Disaster Council Preparedness Proposals: Priorities for 2004

a. From: Disaster Council (PDF, 834 KB)

Recommendation: That the current momentum be allowed to continue, by retaining and supporting the work of staff in the following program areas: 1) Soft-story Buildings; 2) Unreinforced Masonry Buildings; 3) Sheltering; 4) CERT and the BUSD Disaster Preparedness Curriculum; 5) CERT and the Neighborhood Preparedness Program; 6) Public Warning and Notification Systems; and 7) Small Business Preparedness.

Financial Implications: See specific recommendations.

Contact: William Greulich, Secretary, 981-5502

b. From: City Manager (PDF, 163 KB)

Recommendation: Consider the Disaster Council preparedness priorities in context of establishing citywide priorities for the FY 2005 budget.

Contact: Reginald Garcia, Fire, 981-5500

Action: Approved the recommendation of the City Manager.

Old Business

10. Workers' Compensation Cost Saving Measure (PDF, 839 KB) (Held over from 1/13/04 by City Manager. Revised Report 1/27/04)

From: City Manager

Recommendation: Adopt two Resolutions authorizing: 1) a Side Letter of Agreement with Service Employees International Union Local 790, Service Employees International Union Local 535, Part-Time Recreation Leaders Association/SEIU Local 535, Public Employees Union Local 1, and the International Brotherhood of Electrical Workers Local 1245 on workers’ compensation cost savings measures; and 2) workers’ compensation cost savings measures for non-sworn unrepresented and regular at will employees.

Financial Implications: One-Time Bonus of $535 per Employee. FY 2006 All Funds- $668,000, Offset by Savings.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Moved, seconded, carried (Worthington/Hawley) to adopt Resolution No. 62,373 – N.S. (PDF, 268 KB) and Resolution No. 62,374 – N.S. (PDF, 233 KB) revising the resolution to be consistent with the side letter of agreement.

11. Quarterly Report: Employee Safety and Workers’ Compensation (PDF, 2 MB) (Held over from 1/13/04 by City Manager. Revised Report 1/27/04)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Moved, seconded, carried (Worthington/Maio) to receive and file the report.

12. Parking Mitigation Measures for Parking Enforcement Representatives (PDF, 342 KB) (Held over from 1/13/04 for report from Council Subcommittee)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 56,508-N.S. by creating 21 on-street, preferential permit parking spaces for the exclusive use of Parking Enforcement Representatives (PERs) during specific times at the following locations: 1) five spaces on Fairview Street between Martin Luther King, Jr. Way (MLK) and Harper Street; 2) ten spaces on the east side of Martin Luther King, Jr. Way between Adeline Street and the BART driveway at Prince Street; and 3) six spaces on the east side of Martin Luther King, Jr. Way between BART driveway at Prince Street and the BART driveway to the north.

Financial Implications: Traffic Maintenance Fund - $1,000.

Contact: Peter Hillier, Transportation, 981-7010

Actions: Moved, seconded, failed (Worthington/Olds; Noes – Maio, Breland, Hawley, Wozniak and Bates) a substitute motion to refer the matter to the Transportation Commission for a report no later than three months.

Moved, seconded, carried (Maio/Wozniak; Noes – Spring, Olds, Worthington; Abstain – Shirek) a main motion: 1) to reduce the number of dedicated spaces for parking enforcement staff from those proposed by the City Manager; 2) to develop criteria for establishing the number of parking spaces based on need; 3) that these spaces be placed away from the commercial frontage of the street so as not to interfere with customer parking needed; 4) that the use of public transit be encouraged; and 5) do a survey of the parking needs of the area to improve commercial vitality.

13. Housing Ordinance Condominium Sale Price Requirements (PDF, 77 KB) (First reading 1/13/04 – Noes – Hawley, Olds, Wozniak; Absent – Breland. Second reading – Noes – Hawley, Olds, Wozniak)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23C.12.070.A to revise inclusionary unit pricing requirements, and Section 23C.12.090 authorizing the City Manager to issue regulations governing price setting and qualifying households.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

Action: Moved to Consent Calendar by Councilmember Worthington. Adopted Ordinance No. 6,790–N.S. (PDF, 207 KB) Effective February 26, 2004.

14. Bay Trail Extension to Berkeley Marina: Mitigated Negative Declaration (PDF, 480 KB) (Held over from 1/20/04 by Councilmember Spring)

Design Plan:
Part 1 (PDF, 4 MB) Part 2 (PDF, 10 MB)	Part 3 (PDF, 14 MB) Part 4 (PDF, 8 MB)

From: City Manager

Recommendation: Adopt a Resolution adopting the Design Plan and Final Study/Mitigated Negative Declaration and Mitigation Monitoring Plan for the Bay Trail Extension to the Berkeley Marina project in accordance with the California Environmental Quality Act (CEQA) and authorizing the City Manager to apply for grant funding for project construction.

Financial Implications: None.

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

Action: Moved, seconded, carried (Worthington/Maio; Noes – Spring) to adopt Resolution No. 62,375 – N.S. (PDF, 135 KB)

15. General Plan Implementation: Berkeley Unified School District Land Use Decisions (Held over from 1/13/04 by Mayor Bates)

a. From: Planning Commission (PDF, 404 KB)

Recommendation: Implement the General Plan Policy LU-42 concerning the Berkeley Unified School District (BUSD): “Encourage the BUSD to adopt a Resolution to make the School District’s land use decisions subject to the Zoning and the Landmarks Preservation Ordinances” by requesting that the BUSD adopt procedures for public notification, information and consideration of land use decisions similar to those required of the Zoning Adjustment Board and the City Council under the zoning ordinance procedures.
Financial Implications: None.

Contact: Ruth Grimes, Secretary, 981-7481

b. From: City Manager (PDF, 55 KB)

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

Contact: Dan Marks, Planning, 981-7400

Action: Moved to Consent Calendar by Councilmember Worthington. Approved recommendation.

Old Business – Public Hearing

16. Appeal: 1600 Shattuck Avenue (Public Hearing closed on 1/20/04. Council discussion and decision expected at this meeting Written communication should be forwarded to the City Clerk for presentation to Council.)

a. From: City Manager (PDF, 3 MB) (January 20, 2004)

Consultant Report (PDF, 662 KB)

Recommendation: Conclude the public hearing and direct staff to prepare a Resolution and findings to approve a Use Permit to establish a Sprint Wireless Communication Facility consisting of three antennas on the rooftop and associated equipment in the basement at 1600 Shattuck Avenue
Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b. From: City Manager (PDF, 208 KB) (October 21, 2003)

Recommendation: Without taking any public comment at tonight’s meeting, continue the public hearing to January 20, 2004 to allow adequate time for public review of an engineering report providing independent evaluation of technical aspects of the proposed project, and the attendance of all involved parties.

Contact: Dan Marks, Planning, 981-7400

c. From: City Manager (PDF, 239 KB) (September 16, 2003)

Recommendation: Conduct a Public Hearing, allowing each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until October 21, 2003 to allow adequate time for public view of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Dan Marks, Planning, 981-7400

d. From: City Manager (PDF, 414 KB) (from June 17, 2003)

Recommendation: Open the public hearing, allow each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until July 15, 2003 to allow completion of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Phil Kamlarz, Planning, 981-7400

From: City Manager (from April 1, 2003)

e. Communications (PDF, 2 MB) (from June 17, 2003– numbering follows original sequence)

1. Frances Strassman (2)

2. Shahram Shahruz (10)

3. Appellants: Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe

4. Libby Kelley

5. Jon-Erik Beckjord

6. L.G.

7. Carol Suveda

8. Marsha Hiller

9. Vida Bateau

f. Supplemental Communications 1 (PDF, 310 KB) (from June 17, 2003– numbering follows original sequence)

17. Supplemental Report submitted by City Manager

18. Shahram Shahruz

19. Dennis Martin, Applicant Response to Appeals

g. Supplemental Communications 2 (from June 17, 2003– numbering follows original sequence)

33. Michael Fried (PDF, 3 MB)

h. Communications (from September 16, 2003)

Part 1 (PDF, 16 MB) | Part 2 (PDF, 12 MB)

1. Shahram Shahruz (24)

2. 107 Signed Petitions

3. Mark Rhoades

4. Leonard Schwartzburd (2)

5. Doug Loranger (2)

6. Vida Bateau (2)

7. Robert Riedlinger

8. Radiation Free Gourmet Ghetto (2)

9. Ruth S. Clifford

10. Helena Bautin

11. Arianpour

12. Jingang Yi, PhD

13. Susan Clarke (2)

14. Daniel Wolfe

15. Val Peters

16. Scott Wheeler

17. Joan Levinson (2)

18. Greg Bowman

19. Ayn Lowry

20. Jordan Rothstein

21. Kathie Taylor and Neill Bourke

22. Marianne Robinson

23. Sarah Jones (2)

24. Rand Knox

25. Michael Marchant

26. Connie and Kevin Sutton

27. Helena Bautin

28. Zach Cowan

29. Carrie Olson

30. Leonard Schwartzburd (3)

31. Kriss Worthington

32. Shahram Shahruz

33. Frieda Feen

34. Frank Harris

35. Andrew Packard

36. La Chanteuse

37. PhoeBe ANNE (thomas/sorgen)

38. Barb Wilkie

39. Petitions from Kate Bernier, Rose Vekony, Andrew Joron and Barbara Guest

40. Frances Strassman

i. Supplemental Communications 1 (PDF, 1 MB) (from September 16, 2003– numbering follows original sequence)

7. Tanya Temkin

8. Laurie Gold

9. Ami Kronfeld

10. Sharam Shahruz (4)

11. Barbara Wilke

j. Supplemental Communications 2 (from September 16, 2003– numbering follows original sequence)

24. Shahram Shahruz, Presentation (PDF, 616 KB)

25. Signed Petition, 1110 Signatures: Part 1 (PDF, 11 MB) | Part 2 (PDF, 9 MB)

k. Communications (PDF, 3 MB) (October 21, 2003)

1. Shahram Shahruz (6)

2. Frances Strassman

3. Leonard Schwartzburd (2)

4. Melinda E. Lopez (2)

5. Dennis Martin

6. Ruth S. Clifford

7. Abhishek Singhal

l. Supplemental Communications 1 (from October 21, 2003– numbering follows original sequence)

17. Leonard Schwartzburd (2) (PDF, 180 KB)

m. Communications (PDF, 13 MB) (January 20, 2003 – numbering follows original sequence)

1. Matt Plumb

2. Mika Bulmash (2)

3. Leuren Moret (2)

4. Shahram Shahruz (3)

5. Leonard Schwartzburd

6. Frances Strassman

7. Doug Loranger

8. Connie Sutton

9. Jingang Yi

10. Marianne Robinson

11. Klaus Rudolph

12. Susan Beazley

13. 104 Signed Petitions, submitted by Dennis Martin

14. Mika Bulmash

15. Kathie Taylor and Neill Bourke

n. Supplemental Communications 1 (PDF, 938 KB) (from January 20, 2004 – numbering follows original sequence)

6. Supplemental Report, submitted by Planning Department

7. Shahram Shahruz (2)

8. Moe Akhavi, Barney’s Gourmet Hamburgers

9. Simone Gaddini

10. Thea Bellos

11. Kathie Taylor

12. Frances Strassman

o. Supplemental Communications 2 (from January 20, 2004 – numbering follows original sequence)

14. Appellants: Frances Strassman, Shahram Shahruz, Kaoru Reynolds, Simone Gaddini, Patricia Cloud, Daniel Wolfe (3)

Part 1 (PDF, 11 MB) | Part 2 (PDF, 11 MB)

15. Tanya Temkin and Frances Strassman (PDF, 4 MB)

16. Lawrence Teeter (PDF, 4 MB)

17. Doug Loranger (PDF, 4 MB)

Action: Moved, seconded, carried (Wozniak/Worthington) to request additional information from staff and hold the matter over to February 10, 2004.

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.

New Business - Budget

17. Restructuring CalPERS Police Safety Plan Employer Contribution Rate (PDF, 330 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to take actions necessary to reamortize the City’s current unfunded actuarial liability for the California Public Employees’ Retirement System (CalPERS) Police Safety Plan employer contribution rate over a 25-year period beginning July 1, 2005.

Financial Implications: First year savings – General Fund - $1.2 million.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 62,376 – N.S. (PDF, 89 KB)

18. Labor Negotiations (PDF, 363 KB) (to be delivered)

From: City Manager

Recommendation: Authorize the City Manager to enter into meet and confer sessions with the City’s labor unions and associations to discuss impact of a one day a month closure or a 3% salary giveback.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved, seconded, carried (Spring/Maio; Noes - Worthington) to approve the recommendation further amended to include meeting with all unions, including Police and Fire, to discuss both voluntary and mandatory closure and 3% salary give back and to solicit suggestions and ideas from the unions.

19. Proposed Council Work Sessions (PDF, 168 KB)

From: City Manager

Recommendation: Adopt a calendar for Council work sessions through March 23, 2004.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved to the Consent Calendar by Councilmember Worthington and approved calendar of work sessions and topics.

20. Voluntary Freeze on Cost of Living Adjustments for Councilmembers (PDF, 70 KB)

From: Councilmembers Hawley and Wozniak

Recommendation: Request that the City Manager authorize an option for councilmembers to voluntarily forego this year’s cost of living adjustment (COLA), beginning February 1, 2004. In addition to, or instead of, giving up this year’s COLA, a council member could agree to forego next year’s COLA that will go into effect December 1, 2004. This option would essentially freeze salaries at the 2003 level, and would stay in effect as long as the Council declares the budget to be in crisis.

Financial Implications: Unknown savings.

Contact: Miriam Hawley, Councilmember District 5, 981-7150 and Gordon Wozniak, Councimember District 8, 981-7180

Action: Moved, seconded, carried (Worthington/Hawley; Abstain – Olds) to approve recommendation.