Regular Meeting eSummary
February 7
, 2006

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

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, February 7, 2006

7:00 P.M.

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

 

Preliminary Matters

Roll Call:  7:09 p.m.  All present.

Ceremonial Matters:

1.      Proclamation presented to Bayer Healthcare Corporation in recognition of their contributions to the community.

2.      Certificate of Appreciation presented to Carol Kennerly in recognition of thirty-five years of service to the City of Berkeley.

City Manager Comments: None.

Public Comment: 14 speakers.

Youth Comments: No speakers.

 

Consent Calendar

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

1.   Changing Name of Solid Waste Management Commission to Zero Waste Commission (PDF, 16 KB) (First Reading January 24, 2006. Unanimous; Absent – Mayor Bates)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 3.40, changing the name of the Solid Waste Management Commission to the Zero Waste Commission, and revising the description of its functions to reflect its current mandate.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Ordinance No. 6,904–N.S. (PDF, 117 KB) Effective March 9, 2006.

2.   Amending the Coast Live Oak Moratorium Ordinance (PDF, 193 KB) (First Reading January 24, 2006. Unanimous; Absent – Mayor Bates)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending the Coast Live Oak Moratorium Ordinance to add the following:  1) any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited; and 2) excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

Financial Implications: None

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

Action: Adopted Ordinance No. 6,905–N.S. (PDF, 82 KB) Effective March 9, 2006.

3.   Minutes for Approval (PDF, 321KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of December 5, 2005 (closed), January 17, 2006 (regular).

Financial Implications: None

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

Action: Approved minutes.

4.   Skates Request for Limited Waiver of Living Wage Ordinance (PDF, 3 MB)

From: City Manager

Recommendation: Adopt a Resolution selectively waiving the provisions of the Living Wage Ordinance in the manner set forth in the settlement agreement between employees of Skates restaurant and RUI concerning their wages and terms of employment as long as Skates abides by such agreement.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 63,196–N.S. (PDF, 2 MB)

5.   Donation to Animal Care Shelter (PDF, 146 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from Bayer HealthCare to the Animal Shelter in the amount of $3,000.

Financial Implications: Animal Shelter Fund - $3,000 Revenue

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Adopted Resolution No. 63,197–N.S. (PDF, 42 KB)

6.   Formal Bid Solicitations and Requests for Proposals (PDF, 182 KB)

From: City Manager

Recommendation: Approve the attached request for proposals that will be, or are planned to be, issued upon final approval by the requesting department or division

Financial Implications: Various Funds - $1,520,500

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

7.   Ambulance Billing and Collection Services (PDF, 139 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Advanced Data Processing Inc. in the amount up to $400,000 to provide billing/collection services for the Berkeley Fire Department ambulance service from April 1, 2006 to March 31, 2008 with an option to extend for four additional years in two-year increments. 

Financial Implications: General Fund - 4.95 percent of the total revenue collected, up to $400,000.

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

Action: Adopted Resolution No. 63,198–N.S. (PDF, 44 KB)

8.   Donation from Bayer to Berkeley Fire Department (PDF, 145 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a cash donation in the amount of $10,000 from Bayer HealthCare Corporation to the Fire Department for the purchase of six satellite telephones.

Financial Implications: General Fund - $10,000 Revenue

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

Action: Adopted Resolution No. 63,199–N.S. (PDF, 37 KB)

9.   Grant: Bioterrorism Preparedness (PDF, 106 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the Alameda County Emergency Medical Services for funds in the amount of $15,000 to provide disaster preparedness training for Public Health staff; to execute any resultant revenue agreements and amendments; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Health Fund - $15,000 Grant Revenue

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

Action: Adopted Resolution No. 63,200–N.S. (PDF, 48 KB)

10. Contract: Safety Training (PDF, 200 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Safety Compliance Management to conduct safety training for employees and supervisors to meet Cal-OSHA required training and the City’s commitment to injury prevention.

Financial Implications: Workers’ Comp, Sanitary Sewer and Training Funds - $50,000

Contact: David W. Hodgkins, Human Resources, 981-6805

Action: Adopted Resolution No. 63,201–N.S. (PDF, 109 KB)

11. Donation to the Shorebird Nature Center (PDF, 138 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from Bayer HealthCare to the Shorebird Nature Center in the sum of $4,000.

Financial Implications: Marina Recreation Donation Fund - $4,000 Revenue

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

Action: Adopted Resolution No. 63,202–N.S. (PDF, 33 KB)

12. Donation to Tuolomne Camp (PDF, 136 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the donation of a truck to the Tuolomne Camp.

Financial Implications: None

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

Action: Adopted Resolution No. 63,203–N.S. (PDF, 30 KB)

13. Contract: Peer Review for Applications for Telecommunication Projects (PDF, 139 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with RCC Consultants for peer review of applications for telecommunication projects to increase the contract amount of $24,999 by $100,000 for a total amount not to exceed $124,999.

Financial Implications: Funding provided by applicant

Contact: Dan Marks, Planning and Development, 981-7500

Action: Adopted Resolution No. 63,204–N.S. (PDF, 48 KB)

14. Contract: Street Rehabilitation FY 2006 Phase 2 Project (PDF, 321 KB)

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2006 Phase 2 Project, 06-10094-C; accepting the bid of Gallagher & Burk, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,624,024 for the period of 135 calendar days.

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,205–N.S. (PDF, 50 KB)

15. Grant: University Avenue Reconstruction (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the filing of an application for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding in the amount of $630,000 for University Avenue Reconstruction; committing the necessary local match of $330,000 for the project; stating the assurance of City of Berkeley to complete the project; and authorizing the City Manager to accept the grant and execute any resultant agreements and amendments.

Financial Implications: Federal STP Fund - $630,000, Capital Improvement Fund - $330,000

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,206–N.S. (PDF, 127 KB) authorizing the filing of an application for grant funding, which will include pedestrian improvements on the University Avenue corridor.

16. Dog Licensing on the Internet (PDF, 63 KB)

From: Councilmember Worthington

Recommendation: Refer to the Citizens’ Humane Commission the issue of providing access to dog licensing directly through the Internet.

Financial Implications: None

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

Action: Approved recommendation and referred to the City Manager for a report on when dog licensing will be available on the Internet.

Action Calendar – Discussion

17. Discussion: Landmarks Preservation Ordinance

a.      From: Mayor Bates (PDF, 712 KB)  |  PowerPoint Presentation (PDF, 78 KB) (November 29, 2005) 

Contact: Tom Bates, Mayor, 981-7100

b.      Revised Landmarks Preservation Ordinance (PDF, 14 MB) (July 12, 2005)

From: City Manager

Recommendation: Adopt first reading of one of two ordinances, or a variant thereof, as recommended by either the Planning Commission or Landmarks Preservation Commission to repeal and reenact BMC Chapter 3.24 (Landmarks Preservation), amend BMC sections 23.B24.030, 23B.32.050 and 23C.08.050 and repeal Chapter 19.20; or, alternatively, provide direction to staff to prepare an alternative ordinance to bring back to Council.

Financial Implications: Staff time.

Contact: Dan Marks, Planning, 981-7400

c.       Communications (February 7, 2006)

1.      David Early, Livable Berkeley, submitted by Jennifer Phelps Quinn (PDF, 351 KB)

d.      Communications (January 17, 2006)

1.   Gale Garcia (PDF, 1 MB)

Action: Discussion held.

 

Action Calendar - Budget

18. FY 2006 Mid-Year Budget Report and Actions

a.      From: City Manager (PDF, 303 KB)

Recommendation: Adopt a Resolution allocating anticipated, one-time General Fund revenue of $98,302 for specific one-time expenditures and set-aside $1,135,643 for one-time improvements as itemized in Exhibit A for consideration during the FY 2007 Mid-Biennial budget review in May 2006.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

b.      Community Disaster Education and Outreach Project (PDF, 178 KB)

From: City Manager

Recommendation: Authorize the City Manager to direct staff to design and launch a boosted community-wide disaster preparedness project in an amount not to exceed $134,500 for the period February 1 through June 30, 2006.

Financial Implications: General Fund - $134,500

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

c.       Child Care Mitigation Operating Subsidy Fund (PDF, 160 KB)

From: Commission on Early Childhood Education

Recommendation: Adopt a Resolution allocating: 1) $30,573 (gap) of the $89,495 Child Care Mitigation Fee Fund balance to restore FY 2005-06 cuts to the seven City-funded child care community agencies; and 2) the remaining balance of $58,922 for mini grants to enhance or expand child care facilities, and authorize the City Manager to execute the resulting amendments to current contracts.

Financial Implications: Child Care Mitigation Operating Subsidy Fund - $89,495

Contact: Angellique De Coud, Secretary, 981-5428

d.      From: City Manager (PDF, 132 KB)

Recommendation: The City Manager does not concur with the Commission’s recommendation regarding the Child Care Mitigation Operating Subsidy Fund and is referring this recommendation to the Budget workshop scheduled for February 7, 2006.

Contact: Stephen Barton, Housing, 981-5400

Action: The recommendations from the Commission on Early Childhood Education (Item 18c) and the City Manager (Item 18d) as amended in a memorandum from Mayor Bates dated February 7, 2006 were moved to Consent by Mayor Bates.  Adopted Resolution No. 63,207–N.S. (PDF, 59 KB) authorizing the City Manager to establish a Child Care Mini-Grant program to allocate the Child Care Mitigation Operating Fund for one-time only expenditures that include instructional materials and enhancement or expansion of child-care facilities.

Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 63,208–N.S. (PDF, 173 KB) allocating anticipated, one-time General Fund revenue of $98,302 for specific one-time expenditures including the Winter Shelter Program, Disaster Preparedness, and CEID hearing aids.

Moved, seconded, carried (Moore/Olds; Noes - Worthington) to adopt Resolution No. 63,209–N.S. (PDF, 157 KB) approving $1.135 million in set-aside allocations for the 2007 Mid-Biennial Budget as identified in Exhibit A and preserving the ability to change the allocations in the event circumstances occur after tonight’s vote that result in higher priorities.

Action Calendar – Public Hearing

19. ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors) (Held over from January 24, 2006)

a.      From: City Attorney (PDF, 142 KB) (February 7, 2006)

Recommendation:  Continue the public hearing opened on January 24, 2006 to February 21, 2006 to enable it to be properly noticed.

Contact: Manuela Albuquerque, City Attorney, 981-6950

b.      From: City Manager (PDF, 28 MB) (January 24, 2006)

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

c.       Appeal:

1.      David Bryden (PDF, 982 KB)

d.      Communications (February 7, 2006)

1.      Richard King (PDF, 58 KB)

e.      Supplemental Reports and Communications #1 (PDF, 441 KB) (January 24, 2006 - Numbering follows original sequence)

10.  Edith Carrigan-Rivas Plata

11.  Richard King

12.  Stefanie V. Head

13.  The Greenan Family

14.  Harlan N. Head

15.  Ryan Bell and Brittni Milam

f.        Supplemental Reports and Communications #2 (January 24, 2006 - Numbering follows original sequence)

22.  California Department of Alcoholic Beverage Control License Query System Summary, submitted by Code Enforcement (PDF, 163 KB)

Action: Moved to Consent by Mayor Bates.  Approved continuing the public hearing opened on January 24, 2006 to February 21, 2006 to enable it to be properly noticed.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Action Calendar – New Business

20. Support Diversity Inclusion of Students on Boards and Commissions

a.      From: Councilmember Maio (PDF, 152 KB)

Recommendation: Encourage diversity, reflective of Berkeley’s population, on its boards and commissions and assist in this effort by referring qualified candidates from under-represented categories to an applicant pool that Councilmembers can access; that Council review the categories commonly used in defining diversity and determine the appropriate diversity profile for Berkeley; and that the Clerk prepare a report on the diversity of our boards and commissions each year for Council information, enabling us to track the success of our efforts.

Financial Implications: None

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

b.      From: Councilmember Maio (PDF, 149 KB)

Recommendation: Go on record as supporting student representation on boards and commissions and request that Mayor Bates discuss with the administrations of appropriate academic institutions (U.C., Vista, and any others deemed pertinent) the strengthening of programs that encourage participation in local government, perhaps for class credit, via appointments to Berkeley’s +/- 40 Boards and Commissions, thereby creating a central repository of applicants that can be accessed by Councilmembers when a vacancy occurs.

Financial Implications: None

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

c.       From: Councilmember Worthington (PDF, 36 KB) (Held over as amended from November 29, 2005)

Recommendation: Adopt a Resolution to: 1) encourage City Councilmembers to actively seek to fill vacant positions with consideration of the needs and benefits of a more representative and diverse commission roster; and 2) implement semi-annual reviews of its progress to determine if additional steps should be taken to ensure that these goals are met.

Financial Implications: None

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

Action: Moved, seconded, carried (Maio/Capitelli) to approve Recommendations A and B.

Moved, seconded, carried (Worthington/Spring; Noes – Olds, Wozniak; Abstain – Captelli) to approve Recommendation C and adopt Resolution No. 63,210–N.S. (PDF, 67 KB) as amended removing the word “shocking” from Clause 1, ending the second sentence in Clause 10 with the word “commissions” and removing the word “while,” and deleting the second enabling clause.

21. Ashby BART Station Grant Proposal (PDF, 22 KB)

From: Councilmember Anderson

Recommendation: Reaffirm Resolution No. 63,146-N.S. to seek a planning grant from Caltrans for potential residential and commercial development at the west parking lot of the Ashby BART station.

Financial Implications: None

Contact: Max Anderson, Councilmember District 3, 981-7130

Action: Held over to February 21, 2006 by Councilmember Anderson to allow for additional citizen input at a meeting at St. Paul AME Church at 2024 Ashby Avenue on Saturday, February 11, 2006 from 10:00 a.m. to 12:00 p.m.

Information Reports

22. Unrepresented Temporary Employees (PDF, 146 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Received and filed.

23. Parking Fine Revenue Improvements (PDF, 91 KB) (CF 16-05) (To be delivered)

From: City Manager

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

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. All communications submitted to Council are public record.

Landmarks Preservation Ordinance

1.      David Early, Livable Berkeley, submitted by Jennifer Phelps Quinn

Asbhy BART Station Grant Proposal

2.      Robert Lauriston (3)

3.      Karl Reeh, LeConte Neighborhood Association

4.      Larisa Cummings

5.      Scott Mace

6.      Dan B. Bristol

Acacia Trees (Spring, Olds)

7.      Rhiannon

Public Employee Pension Issues and Unfunded Liabilities

8.      Barbara Gilbert

Pavement Restructuring Grant Application – Pedestrian Improvements

9.      Wendy Alfsen, Walk&Roll Berkeley

Sea Scouts

10.  Sheri Lindquist

Community Service for Parking Tickets Request (Spring)

11.  Suzanne Lerner

Threats of Physical Violence (Olds, Worthington)

12.  Rhiannon

Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance (Moore)

13.  Alan and Aleyda Swain

Reduced Real Estate Tax Revenues

14.  Barbara Gilbert

Cell Phone Base Antennas

15.  Peter Teichner (2)

Homeless Issues

16.  Barbara Gilbert

1885 University Avenue – Kragen Auto Parking Lot

17.  Walter Wood

 

Supplemental Reports and Communications 1 (PDF, 4 KB)

Item 17: Discussion: Landmarks Preservation Ordinance

18.  Sharon Hudson

19.  Micheal Katz

20.  Dean Metzger, Claremont Elmwood Neighborhood Association

21.  Daniella Thompson, Northside Neighborhood Association

22.  Robin Wright

Item 18: FY 2006 Mid-Year Budget Report and Actions

23.  Revised Attachment 3 (Item 18a), submitted by City Manager’s Office (PDF, 174 KB)

24.  Barbara Gilbert

Item 21: Ashby BART Station Grant Proposal

25.  Laura Menard

26.  Diana Rossi

27.  Shirley Dean

28.  Sharon Hudson

29.  Kenoli Oleari, Neighborhood Assemblies Network

30.  Barbara Gilbert

31.  Paul Rauber

32.  Robin Wright

To Be Delivered Item 23: Parking Fine Revenue Improvements

33.  Report, submitted by Police Department (PDF, 91 KB)

 

Supplemental Reports and Communications 2 (PDF, 4 KB)

Item 17: Discussion: Landmarks Preservation Ordinance

34.  Presentation materials, submitted by Carrie Olson on behalf of Landmarks Preservation Commission (PDF, 2 MB)

Item 18c and 18d: Child Care Mitigation Operating Subsidy Fund

35.  Recommendation, submitted by Mayor Bates (PDF, 240 KB)

Item 21: Ashby BART Station Grant Proposal

36.  Teresa Clarke, Council of Ashby Adeline Alcatraz Neighbors for Development Opportunities

37.  Petition with 162 signatures, submitted by Jackie DeBose

38.  Petition with 45 signatures, submitted by Adama Mosley

 

Adjournment

Adjourned at 10:51 p.m. in memory of Betty Friedan.