City Council eSummary - 02/10/04

Consent Calendar

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

1. Minutes for Approval (PDF, 3 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of: a) January 12, 2004 (closed), b) January 13, 2004 (special and regular), c) January 20, 2004 (regular), and d) January 27, 2004 (special and regular).

Contact: Contact: Sherry Kelly, City Clerk, 981-6900

Action: Approved minutes as submitted. (Abstain – Breland [all dates], Bates [January 20, 2004])

2. Needle Exchange (PDF, 167 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. 62,377 – N.S. (PDF, 99 KB)

3. Private Donation to Publish the Poetry Anthology Book (PDF, 214 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the donation of $28,000 by a private Berkeley citizen to match $7,000 in Measure S Public Arts Funds to produce a documentary poetry anthology book.

Financial Implications: Revenue - $28,000.

Contact: Tom Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 62,378 – N.S. (PDF, 65 KB)

4. Formal Bid Solicitations and Requests for Proposals (PDF, 481 KB)

From: City Manager

Recommendation: Approve invitation for bids and request for proposals (RFP) that: 1) will be, or are planned to be, issued; 2) have been issued and received due to extenuating circumstances; or 3) that have been sent out (opened) but not yet received (closed).

Financial Implications: Various Funds - $1,320,950.

Contact: Fran David, Finance, 981-7200

Action: Approved recommendation.

5. Contract: Youth Energy Services (PDF, 657 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with the Rising Sun Energy Center (RSE) for the California Youth Energy Services (CYES) program in an amount not to exceed $293,920 for the period from February 1, 2004 to May 1, 2006

Financial Implications: Grant from California Public Utilities Commission- $293,920.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,379 – N.S. (PDF, 88 KB)

6. Grant: COPS Homeland Security Overtime Program (HSOP) (PDF, 317 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to:1 ) accept $154,020 in federal funds from the COPS Homeland Security Overtime Program to be used to fund overtime costs for homeland security training sessions and other law enforcement activities that are designed to assist in the prevention of acts of terrorism and other violent and drug related crimes; 2) utilize $51,340 from the exiting Proposition 172 funds, to cover the required local match; and 3) establish a trust account for the period September 1, 2003 to August 31, 2004.

Financial Implications: Revenue Grant - $154,020, Matching Funds - $51,340

Contact: Roy Meisner, Police, 981-5700

Action: Adopted Resolution No. 62,380 – N.S. (PDF, 92 KB)

7. Contract: Sather Gate Garage Mall Code Upgrades (PDF, 237 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Sather Gate Garage Mall Code Upgrades; 2) waiving permit fee; 3) accepting the bid of Eternal Construction, Inc.; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $350,000.

Financial Implications: Off Street Parking Fund - $350,000.

Contact: Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,381 – N.S. (PDF, 91 KB)

8. Support Measure A: Alameda County Health Services Tax (PDF, 575 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution supporting Measure A, the Alameda County “Essential Health Services Tax”, which will increase the sales tax in Alameda County by a half of a percent to fund health services. This measure will appear on the March 2, 2004 ballot.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,382 – N.S. (PDF, 114 KB)

9. Proclamation Honoring Bill Moore (PDF, 83 KB)

From: Councilmember Breland

Recommendation: Approve a Proclamation recognizing the contributions of Bill Moore, resident of Strawberry Creek Lodge, on his 90^th birthday for his life-long contributions of public service and social action and present this proclamation at the February 10, 2004 meeting.

Contact: Margaret Breland, Councilmember District 2, 981-7120

Action: Approved proclamation.

10. Fee Waiver: Prader-Willi Syndrome Walk-Along Fund Raising Event (PDF, 78 KB)

From: Councilmember Hawley

Recommendation: Adopt a Resolution waiving all fees for the third annual Prader-Willi Syndrome Walk-along event to be held at the Marina on Saturday, May 1, 2004 from 10:00 a.m. to 1:00 p.m.

Financial Implications: Event and sound permit fees - $123.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

Action: Adopted Resolution No. 62,383 – N.S. (PDF, 61 KB)

11. Support SB 552: Eliminating Wasteful and Inefficient Vehicles in the State Fleet (PDF, 384 KB)

From: Councilmembers Olds and Wozniak

Recommendation: Support SB 552 (Burton) to set standards for the purchase and lease of cleaner burning, more fuel efficient vehicles for the State’s fleet.

Contact: Betty Olds, Councilmember District 5, 981-7160 and Gordon Wozniak, Councimember District 8, 981-7180

Action: Approved recommendation.

12. Oppose SB 69: Notification and Action regarding Public or Housing Accommodations for the Disabled (PDF, 447 KB)

From: Councilmember Worthington

Recommendation: 1. Oppose SB 69 (Oller), which would require an individual with a disability to provide notification that a public or housing accommodation does not provide full and equal access; notification by the owner/manager to notify the individual of any planned access improvements and to make improvements within a specified period; prohibiting a cause of action under any state disabled access law during this period; and prohibiting recovery of attorney’s fees, damages or other costs with respect to any action regarding access improvements. 2) Send letters of opposition to the Senate Judiciary Committee and the California Foundation of Independent Living Centers.

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

Action: Approved recommendation.

13. Oppose SB 1277: State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2003

a. From: Police Review Commission (PDF, 2 MB)

Recommendation: Oppose SB 1277 - State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2003, which would set federal standards for police officer discipline and accountability, a realm heretofore legislated at state and local levels.

Contact: Barbara Attard, Secretary, 981-4960

b. From: City Manager (PDF, 48 KB)

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Approved recommendation.

Old Business

14. Appeal: 1600 Shattuck Avenue (Public Hearing closed on 1/20/04. Council discussion held on 1/27/04 and continued to this meeting for purposes of obtaining additional information from staff. Written communication should be forwarded to the City Clerk for presentation to Council.)

a. From: Councilmember Spring (PDF, 237 KB) (February 10, 2004)

Recommendation: Overturn the Zoning Board’s approval of the 1600 Shattuck Use Permit.

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

b. 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

c. 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

d. 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

e. 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

f. From: City Manager (PDF, 2 MB) (from April 1, 2003)

Attachments:

Part 1 (PDF, 591 KB)

Part 2 (PDF, 4 MB)

Part 3 (PDF, 2 MB)

Part 4 (PDF, 5 MB)

Part 5 (PDF, 8 MB)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of the Use Permit to establish a Sprint Wireless Communication Facility including 3 antennas on the rooftop and associated BTS (wireless telecommunications) equipment in the basement, UP# 02-10000053, and dismissing the appeal.

Contact: Carol Barrett, Planning, 981-7400

g. Appeals (from April 1, 2003)

1. Frances Strassman, Kaoru T. Reynolds, Shahram Shahruz, Simone Gaddini, Daniel Wolfe and Patricia Cloud. (PDF, 616 KB)

2. Lawrence Teeter on behalf of TanyaTemkin, Val Peters, Emily Freeman and Melinda Lopez

Part 1 (PDF, 8 MB)

Part 2 (PDF, 11 MB)

Part 3 (PDF, 9 MB)

Part 4 (PDF, 7 MB)

Contact: Sherry Kelly, City Clerk 981-6900

h. Communication (from April 1, 2003– numbering follows original sequence)

1. Addenda to Appeal submitted by Frances Strassman, Shahram Shahruz, Kaoru Reynolds, Simone Gaddini, Patricia Cloud, Daniel Wolfe
Part 1 (PDF, 13 MB) | Part 2 (PDF, 9 MB)

2. Addendum to Appeal submitted by Tanya Temkin, Val Peters, Emily Freeman and Melinda Lopez (PDF, 5 MB)

Communications Part 3 (#3-18) (PDF, 6.4 MB)

3. Klaus Rudolph

4. Sarah Jones

5. Shahram Shahruz

6. Frances Strassman (6)

7. Melinda Lopez (2)

8. Cedar Street Homeowners Association

9. Romy Cochran

10. Saul Katz

11. Kyle Eggleston

12. Libby Kelley

13. Klaus Rudolph (2)

14. Gerard Hyland

15. Jeff Inman

16. Penny Hargreaves

17. Delbert Parkinson

18. William F. Allen

Communications Part 4 (#19-54) (PDF, 6.5 MB)

19. Sean Brient

20. Jeffrey N. Saret

21. Frances Strassman

22. Jingang Yi

23. Michael Pahl

24. Fariborz Nadi

25. Gabriel Gomes

26. Himanshu

27. Lesley A. Pulaski

28. Sriram C.K.

29. Kurosh Arianpour

30. Sepanta Sekhavat

31. Heidi Heejune Kim

32. Camille Howard

33. Balaji Kannan

34. Shahram Shahruz, Frances Strassman, Simone Gaddini (3)

35. Ali Imam

36. Riddhi Mehta

37. Kevin Sutton

38. Ahmed Shaer

39. Scott Wheeler (2)

40. Laura Munoz

41. Sue Beazley

42. Kay Bell

43. Mark Karwowski

44. Libby Kelley

45. Chris Pasarra

46. Adam Miller

47. Radi Free

48. Larry Thomas

49. Charlie Anderson

50. Ali Jabbari

51. Jennifer Chan

52. Balaji Kannan

53. Pauline Pewther-Property Manager, Keely Property Management

54. Sausedo Company, Dennis Martin for Sprint PCS

i. Supplemental Communications 1 (PDF, 2 MB) (from April 1, 2003– numbering follows original sequence)

9. Melinda E. Lopez

10. Robert Riedlinger

11. Simone Gaddini

12. Yashesh Shroff

13. Carolyn Sweeney

14. Jingang Yi, PhD

15. Shahram Shahruz (2)

16. Frances Strassman (2)

17. Leonard Schwartzburd

18. Frank Harris

19. Kathleen Taylor

20. Laura Munoz

21. Kai Shen

j. Supplemental Communications 2 (from April 1, 2003– numbering follows original sequence)

29. Lawrence Teeter (PDF, 234 KB)

k. 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

l. 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

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

33. Michael Fried (PDF, 3 MB)

n. 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

o. 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

p. 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)

q. 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

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

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

s. Communications (PDF, 13 MB) (from 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

t. 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

u. 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)

New Business

15. Amendment to FY 2004 Annual Appropriation Ordinance (PDF, 4 KB) (to be delivered)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY2004 Annual Appropriation Ordinance No.6752-N.S. for FY2004 based upon recommended reappropriation of unexpected FY2003 funding and other adjustments since July 1, 2003 in the amount of $20,723,734.

Financial Implications: All funds - $20,723,734.

Contact: Tracy Vesely, Budget, 981-7000

Action: No report submitted. Held over to February 17, 2004 by the City Manager.

16. East Bay Sports Field Recreation JPA Appointment

a. From: City Manager (PDF, 181 KB)

Recommendation: Adopt a Resolution appointing a member of the Council to be the City’s point of contact with other cities’ representatives for the sports field Joint Powers Agreement (JPA) and appointing a member as an alternate.

Financial Implications: None.

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

b. From: Mayor Bates (PDF, 46 KB)

Recommendation: Appoint Mayor Bates as the City of Berkeley’s point of contact with other cities’ representatives for the sports field Joint Powers Agreement (JPA) and appoint Councilmembers Betty Olds as alternate.

Contact: Tom Bates, Mayor, 981-7100

Action: Moved to the Consent Calendar by Councilmember Worthington to adopt Resolution No. 62,384 – N.S. (PDF, 60 KB)

17. Traffic Circle Implementation

a. From: Councilmember Maio (PDF, 735 KB)

Recommendation: 1) Direct the City Manager to hold on the installation of any $25,000 traffic circles that have not yet begun construction. 2) Request that staff and the Transportation Commission select among the attractive but much less expensive circles that other cities have implemented, and make a proposal to Council on appropriate circle designs and how to best distribute the circles throughout the City based on need.

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

b. From: Transportation Commission (PDF, 127 KB)

Recommendation: Direct the Office of Transportation to: 1) aggressively develop new, lower cost traffic circle designs that emphasize effective width and landscaping; 2) review designs of current traffic circles in light of the new designs to determine if their cost can be reduced prior to going out to bid; 3) direct the Traffic Calming Subcommittee to meet and review the new designs; and 4) continue to investigate the abnormally high construction costs of circles in Berkeley compared to other municipalities.

Contact: Peter Hillier, Secretary, 981-7010

Actions: Mayor Bates announced that he needed to recuse himself since he lives within 500 feet of some of the proposed traffic circles.

Moved, seconded (Maio/Olds) a substitute motion to: 1) ask the City Manager to prepare a report for February 24, 2004 on the availability of high quality but less expensive traffic circles after which Council would determine the appropriateness of utilizing a less-expensive but acceptable alternative if such alternative seems feasible and 2) request the City Manager include engineering costs already incurred for circles in the pipeline and a schedule for implementation if a new circle is to be pursued with the understanding that existing commitments for circles remain intact.

Moved, seconded, carried (Hawley/Worthington, Abstain –Shirek, Wozniak; Absent- Bates) a main motion to: 1) keep the promises made to the LeConte neighborhood for the five new traffic circles, doing so in the most cost effective manner possible while still meeting the needs of the neighborhood and 2) request that the City Manager return with a report on February 24, 2004 on the availability of high quality but less expensive traffic circles for future circles and to include engineering costs already incurred for circles in the pipeline and a schedule for implementation for new circles.

18. Use of Helicopters by Berkeley Police Department and Outside Jurisdictions

a. From: Police Review Commission (PDF, 256 KB)

Recommendation: Reiterate in a Berkeley Police Department Training and Information Bulletin the Council directive delineating specific circumstances in which use of helicopters from outside jurisdictions is allowed.

Financial Implications: General Fund - $750

Contact: Barbara Attard, Secretary, 981-4960

b. From: City Manager (PDF, 79 KB)

Recommendation: That no action be taken on the recommendations of the Commission.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved, seconded, carried (Hawley/Olds) to approve the City Manager’s recommendation to not move forward with the Commission’s recommendation but to ask the City Manager to issue a press release reiterating the City’s policies and procedures.