Regular Meeting Annotated Agenda
January 29,
2008

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Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, January 29, 2008

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call:  7:02 p.m.  Worthington absent at roll call but present for meeting.

Ceremonial Matters:

  1. Proclamation designating January 29, 2008 as Robert Hass Day
  2. Celebrating Berkeley’s Japanese American History
  3. Recognition of Public Works Employees Jonathan Gaeton and Jared Ford.

City Manager Comments:

  1. Deputy Public Works Director Andrew Klau regarding winter storm preparedness
  2. Pedestrian and Bicycle Safety Program.

Public Comment on Non-Agenda Matters:  0

Public Comment – Consent Calendar and Information Items Only:  14

Consent Calendar

Action: M/S/C (Worthington/Moore) to adopt Consent Calendar in one motion except    Item 23/Chevron (Option A adopted) moved to Consent Calendar; Item 14/Lying in Public Spaces removed for discussion; Item 15/Code Pink waivers removed for discussion; Item 11/Firestone Workers (recommendation 6 amended); Item 2/Zoning for Public Safety continued for new first reading to February 12, 2008; Item 24/Citizen Participation Plan moved to Consent Calendar:

1. Lease: McGee Avenue Baptist Church, 1645 Oregon Street, Black Infant Health Program (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,015–N.S. authorizing the City Manager to execute a lease agreement and any amendments with the McGee Avenue Baptist Church for real property located at 1645 Oregon Street in an amount not to exceed $12,300, for the purpose of leasing program space for the Black Infant Health Program for the period March 1, 2008 to February 28, 2009 with an option to extend for an additional two-year period.

First Reading Vote: All Ayes

Financial Implications: See report

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

Action: Adopted second reading of Ordinance No. 7,015–N.S.

 

2. Amendment to the Zoning Ordinance (ZA 1-07): Public Safety Exceptions for Structural Alterations (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,016–N.S. altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter 19.39 - Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter 19.38  - Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review.

First Reading Vote: All Ayes

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action: Continued to February 12, 2008 for new first reading of Ordinance as revised.

 

3. Donation: Raymond Family Foundation to the Animal Care Shelter (PDF)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the Raymond Family Foundation to the Animal Shelter in the sum of $5,000.

Financial Implications: Animal Shelter Donation Fund - $5,000

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,958–N.S.

 

4. Prevention of Farm Animal Cruelty Act (PDF) 

From: City Manager

Recommendation: Adopt a Resolution endorsing the Prevention of Farm Animal Cruelty Act, a statewide ballot initiative requiring that calves used for veal, egg-laying hens and breeding pigs on industrialized factory farms have enough room to turn around and extend their limbs.

Financial Implications: None

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,959–N.S.

 

5. Minutes for Approval (PDF)  

From: City Manager

Recommendation: Approve the minutes for the Council meetings of December 11 and December 18, 2007.

Financial Implications: None

Contact Pamyla Means, City Clerk, 981-6900:

Action:  Approved minutes as submitted.

 

6. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)  

From: City Manager

Recommendation: Approve the new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

 

7. Memorandum Of Understanding: Berkeley Police Association (PDF) 

From: City Manager

Recommendation: Adopt two Resolutions:

  1. Approving a new four year Memorandum of Understanding with the Berkeley Police Association (hereinafter referred to as the "Association") with a term of July 1, 2007 through June 25, 2011; authorizing the City Manager to execute and implement the new labor agreement that includes certain adjustments to salaries and benefits retroactive to July 1, 2007 or other dates set forth in the contract;
  2. Approving a new salary resolution for Representation Units E and F that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 61,331–N.S.

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted:

  1.      Resolution No. 63,960–N.S. approving a new four year Memorandum of Understanding and
  2.      Resolution No. 63,961–N.S. approving a new salary resolution for Representation Units E and F. and rescinding Resolution No. 61,331–N.S.

Noes – Spring

 

8. Contract: NEOGOV Job Applicant Tracking Service (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a contract and any amendments with NEOGOV to provide the City with a job applicant tracking system and service in an amount not to exceed $45,000 for the period February 1, 2008 through January 31, 2009.

Financial Implications: General Fund - $45,000

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,962–N.S.

 

9. Conservation Easement: Lower Codornices Creek -City of Albany and UC Berkeley (PDF)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing and directing the City Manager to convey a conservation easement to the City of Albany and the University of California for Lower Codornices Creek.

Financial Implications: None

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action:  Adopted first reading of Ordinance No. 7,017–N.S.  Second reading scheduled for February 12, 2008

 

10. Changing the United States Drug Policy (PDF)

From: Peace and Justice Commission

Recommendation:

  1. Recognize the leadership of Congresswoman Barbara Lee in advocating for reduced military spending by the federal government;
  2. Declare that United States drug policy should be re-oriented toward programs for demand reduction in the United States and to support the rights of people with the diseases of alcoholism and drug dependency to receive effective treatment;
  3. Urge Representative Lee to step up her leadership to terminate all military assistance to the Colombian Army, and to re-direct these funds to the United States Department of Health and Human Services for substance abuse prevention, harm reduction, and treatment programs;
  4. Call for a policy toward Colombia that at its forefront promotes respect for human rights and the rule of law, by conditioning economic aid to the Colombian government on effective action to end impunity for human rights violations and collaboration with paramilitary groups;
  5. Oppose proposals to expand into Mexico and Afghanistan the failed strategies of aerial fumigation and militaristic approaches to drug trafficking.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5400

Action:  Approved recommendations 1-5.

 

11. Firestone Natural Rubber Company Workers in Liberia (PDF)

From: Peace and Justice Commission

Recommendation: Join the International Labor Rights Forum, Friends of the Earth, NAACP, TransAfrica Forum, The RFK Memorial Center for Human Rights, and other United States and Liberian based organizations in demanding that the Bridgestone/Firestone Corporation:

  1. Take responsibility for the situation in Liberia and follow the law;
  2. Assign achievable quotas for the average worker to negate the use of child laborers;
  3. Increase wages to raise the standard of living of plantation workers;
  4. Supply modern tools to protect workers on the job from coming into contact with harmful chemicals;
  5. Redress all environmental damages as a result of its Liberian operations;
  6. Stop releasing hazardous chemicals into the environment and stop exposing workers to any compounds and chemicals that are internationally recognized as most toxic (amended to include hazardous);
  7. Fully disclose all key project payments, contracts, and concession agreements for all Firestone projects in Liberia.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5400

Action:  Approved recommendations 1–7 with 6 amended.

 

12. Marine Recruiting Office in Berkeley (PDF)

From: Peace and Justice Commission

Recommendation:

  1. Direct the City Attorney to investigate and report back to Council within 60 days on City options for enforcing Chapter 13.28 of the Berkeley Municipal Code, prohibiting discrimination on the basis of sexual orientation, with respect to military recruiting offices in Berkeley;
  2. Direct the City Manager to send letters to the Marine Corps Recruiting Station at 64 Shattuck Avenue and to General James T. Conway, Commandant of the United States Marine Corps, advising them that the Marine recruiting office is not welcome in our city, and if recruiters choose to stay, they do so as uninvited and unwelcome intruders;  Abstain – Worthington.
  3. Encourage all people to avoid cooperation with the Marine Corps recruiting station, and applaud residents and organizations such as Code Pink, that may volunteer to impede, passively or actively, by nonviolent means, the work of any military recruiting office located in the City of Berkeley.

Financial Implications: See report

Contact: Manuel Hector, Commission Secretary, 981-5400

Action:  Approved recommendations 1–3.  Noes – Olds, Wozniak.  Worthington voted No on recommendation 2.

 

13. Withdrawal of California National Guard Troops from Iraq (PDF)

From: Peace and Justice Commission

Recommendation: Call upon the Governor of California to demand that the President and Congress take immediate steps to withdraw California National Guard troops from Iraq now, and urge the California State Assembly and Senate to introduce legislation calling upon the prompt return of the California National Guard from Iraq.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5400

Action:  Approved recommendation.

 

Council Consent Items

 

14. Enforcement Of Lying In Public Spaces And Implementation Policy (PDF)

From: Councilmembers Maio and Capitelli

Recommendation: Refer to City Manager the request that staff review and suggest implementation of a policy that would require no (or low) enforcement of (647j) at night if no shelter beds are available, and if available enforcement would involve offering a shelter bed and would include transportation to the bed funded via taxi scrip for those homeless individuals who opt for a bed. 

Financial Implications: To be determined

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

Action:  Removed from Consent Calendar for discussion.  M/S/C (Maio/Worthington) approved recommendation with direction to include homeless advocates in the review process.

 

15. Permit Waiver and Parking Space Designation Request for Code Pink (PDF)

From: Councilmembers Maio and Anderson

Recommendation: Approve the waiver of a sound permit ($36) every Wednesday from 12:00 pm - 4:00 pm for the next six (6) months (February 6, 2008 - July 30, 2008) and designate one (1) parking space on Shattuck directly in front of the Military Recruiting Station at 64 Shattuck Square for Code Pink.  It is recommended that Council approve the permanent tagging of the one parking spot and designate it with signage "No Parking from 12:00 pm - 4:00 pm every Wednesday,” for six (6) months from approval of this request, and that Code Pink be allowed permission for one table and chairs that may not obstruct the 10-foot access for public-right-of-way. 

Financial Implications: See report

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

Public Comments – 7

Action:  Removed from Consent Calendar for discussion.  M/S/C (Maio/Anderson) approved recommendation with the addition that the waiver applies for a period of six months effective January 30, 2008 on Wednesdays from 12 noon to 4:00 p.m. and that Code Pink must meet requirements for obtaining all necessary permits.  Noes – Wozniak.

RECESS 8:42 – 8:57 P.M.

 

16. Midyear Budget Referral: Bicycle Safety Signs - University from 6th Street to Sacramento Street (PDF)

From: Councilmembers Moore and Maio

Recommendation: Install Bicycle Safety Signs, similar to those along Telegraph Ave. and Shattuck Ave., on the North and South sides of University Avenue from 6th Street to Sacramento Street.

Financial Implications: To be determined

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action:  Approved recommendation.

 

17. Pedestrian Safety: Current Statistical Data and Recommendations (PDF)

From: Councilmembers Capitelli, Spring and Olds

Recommendation: Request the City Manager direct staff to:

1)    Provide Council with pedestrian and bicycle collision data for the years 2004 to the present; and

2)    Review the May 2000 “Bicycle and Pedestrian Safety Report” and return to Council with an update and strategies on how the 2000 pedestrian-related recommendations can and be further implemented in light of current data.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action:  Approved recommendation.

 

18. Wind Turbines and Bird Deaths (PDF)  

From: Councilmember Olds

Recommendation: Direct the City Manager to write letters to both the Alameda County Board of Supervisors and the Alameda County Planning Department, expressing the Berkeley City Council’s concerns about the number of bird deaths as a result of wind turbines in the Altamont Pass.

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160

Action:  Approved recommendation.

 

19. Condemn Construction of Border Wall - United States and Mexico Border (PDF)

From: Councilmember Worthington

Recommendation: Condemn the construction of a border wall along the international boundary zone connecting the United States of Mexico and the United States of America.

Financial Implications: None

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

Action:  Approved recommendation.

 

20. Reaffirmation - U.S. Record of the Armenian Genocide (PDF)

From: Councilmember Worthington

Recommendation: Adopt a resolution calling upon the House of Representatives to schedule a vote on House Resolution 106, which reaffirms the U.S. record of the Armenian Genocide.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,963–N.S.

 

Action Calendar – Public Hearings

 

21. ZAB Appeal: 161 Panoramic Way (PDF)

a. From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adopting the revised mitigated negative declaration and approve Use Permit No. 04-10000145 to construct a new single family dwelling at 161 Panoramic Way, with modified conditions of approval.

Financial Implications: None

b. Appeals

1.      Panoramic Hill Association

2.      Regula Muller

c. Communications (Received after November 6, 2007)

1.     Blanche Sack

Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony/Action: The Mayor opened the public hearing. 16 speakers.  M/S/C (Worthington/Olds) continued the public hearing to February 12, 2008 to allow comment on new material submitted at the hearing.  Hearing on February 12 to be limited to the new material; appellant and applicant each to be given 5 minutes. 

 

22. Parking Meter and Pay-and-Display Station Fees (To be delivered) (PDF)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay-and-Display Station Fees, to increase the rate to $1.25 per hour; and amending Section 14.52.110, Use of Money Deposited in Parking Meters and Pay-and-Display Stations, to allow transfer of excess revenue to the General Fund for program costs associated with the Public Commons for Everyone Initiative (PCEI).

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Worthington/Maio) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt first reading of Ordinance No. 7,018–N.S.  Second reading scheduled for February 12, 2008.

 

23. Chevron Corporation

Select a or b

a. From: City Manager (PDF)

Recommendation: Adopt a policy directing City staff, where practical, to cease purchases from Chevron Corporation.

Financial Implications: See report

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

b. From: Peace and Justice Commission (PDF)

Recommendation: Direct the City Manager to report to the City Council as soon as possible what, if any, is the nature of the City of Berkeley business with Chevron Corporation, and that the City of Berkeley cease all purchases from Chevron.

Financial Implications: See report

Contact: Manuel Hector, Commission Secretary, 981-5100

Action: Moved to Consent Calendar and adopted (a) City Manager recommendation.

 

24. Citizen Participation Plan (To be delivered) (PDF)

From: City Manager

Recommendation: Adopt a Resolution to rescind and re-adopt the Citizen Participation Plan of the Berkeley Consolidated Plan for Housing and Community Development, 2005-2010, and authorize the City Manager to incorporate the newly adopted Citizen Participation Plan into the Consolidated Plan.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action: Moved to Consent Calendar and adopted Resolution No. 63,964–N.S.

 

25. Evidence Theft Issues within the Berkeley Police Department

Select a or b

a. From: City Manager (PDF)

Recommendation: Approve the Police Department’s response plan to the Police Review Commission’s report on evidence theft issues as described in this report.  Request that the City Manager report back to council in September 2008 on the implementation of the response plan.

Financial Implications: None

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

b. From: Police Review Commission (PDF) 

Recommendation: Approve the Police Review Commission’s (PRC) Evidence Theft Policy Report and recommendations.  Request that the Chief of Police report back to Council in September 2008 on the completion and implementation of the PRC recommendations.

Financial Implications: Unknown

Contact: Victoria Urbi, Commission Secretary, 981-4960

 

M/S/C (Anderson/Maio) to extend the meeting to 11:20 p.m.

Public Comments – 6

M/S/C (Anderson/Maio) to extend the meeting to 11:30 p.m.

M/S/C (Capitelli/Maio) to extend the meeting to 11:35 p.m.

Action: M/S/C (Wozniak/Maio) to approve the City Manager recommendation (a) and accept the report from the Police Review Commission (b), and directed the City Manager to submit an interim report to Council on March 25, 2008.

 

26. Project and Program Submittals for 2008 Alameda Countywide Transportation Plan and 2009 Regional Transportation Plan (PDF)

Recommendation: Adopt a Resolution authorizing the City Manager to submit a list of projects and programs, consistent with City Council direction as advised by the Transportation Commission, to the 2008 Alameda Countywide Transportation Plan for submission to the Metropolitan Transportation Commission’s 2009 update of the Regional Transportation Plan 2035.

Financial Implications: See report

Claudette Ford, Public Works, 981-6300

Action: M/S/C (Maio/Worthington) to adopt Resolution No. 63,965–N.S. with a revision to Draft City of Berkeley Projects for the Regional Transportation 2035 Plan, Staff Recommended Priority No. 10, Railroad Crossing Improvements, that references to specific streets (Addison) be deleted.

 

Action Calendar – Council Items

 

27. Medical Cannabis Sanctuary Resolution and Opposing U.S. DEA Dispensary Raids (PDF)

From: Councilmembers Worthington and Moore

Recommendation:

1)   Adopt a Resolution opposing the attempts by the U.S. Drug Enforcement Administration to close medical marijuana dispensaries, and declaring the City of Berkeley as a sanctuary for medicinal cannabis use, cultivation, and distribution that complies with State law and local ordinances in the event that the U.S. Drug Enforcement Administration (DEA) closes one or more of Berkeley’s regulated medical cannabis dispensaries (MCDs).

2)   Direct the Berkeley Police Department and the City Attorney’s office not to cooperate with DEA investigations of, raids upon, or threats against physicians, individual patients or their primary caregivers, and medical cannabis dispensaries and operators who are operating in accordance with California state law and local ordinances, and

3)   Direct the City Clerk to send letters to the Alameda County District Attorney, the Alameda County Sheriff’s Department, and the State Attorney General requesting that they not assist in the harassment, arrest or prosecution of physicians, individual patients or their primary caregivers, and medical cannabis dispensaries and operators attempting to comply with section 11362.5 of the California Health and Safety Code; and send a letter to Governor Arnold Schwarzenegger urging him to defend the more than 200,000 California patients who rely on medical cannabis, and to prevent any further interference by the federal Drug Enforcement Administration in the successful implementation of state law.

4)   Schedule a special workshop on the status of medical marijuana locally and statewide that includes reports from dispensary operators, patients, medical marijuana policy experts, the Berkeley Police Department, Health and Human Services Department, and Planning Department.

Financial Implications: None

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

Action: M/S/C (Moore/Worthington) to move to the Consent Calendar acknowledging revised report received and approve/adopt:

1)   Resolution No. 63,966 –N.S. opposing the attempts by the U.S. Drug Enforcement Administration to close medical marijuana dispensaries, and declaring the City of Berkeley as a sanctuary for medicinal cannabis use, cultivation, and distribution

2)   The Councilmembers’ recommendation to direct the Berkeley Police Department and the City Attorney’s office not to cooperate with DEA investigations of, raids upon, or threats against physicians, individual patients or their primary caregivers, and medical cannabis dispensaries and operators who are operating in accordance with California state law and local ordinances.

3)   The Councilmembers’ recommendation to direct the City Clerk to send letters to the Alameda County District Attorney, the Alameda County Sheriff’s Department, and the State Attorney General requesting that they not assist in the harassment, arrest or prosecution of physicians, individual patients or their primary caregivers, and medical cannabis dispensaries and operators attempting to comply with section 11362.5 of the California Health and Safety Code; and send a letter to Governor Arnold Schwarzenegger urging him to defend the more than 200,000 California patients who rely on medical cannabis, and to prevent any further interference by the federal Drug Enforcement Administration in the successful implementation of state law.

4)   The Councilmembers’ recommendation to schedule a special workshop on the status of medical marijuana locally and statewide.

 

Information Reports

28. Contract: Vector Control Services (PDF)

From: Health and Human Services

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

Action:  Received and filed.

 

29. Audit: Residential Rental Inspection Program (PDF)

From: City Manager

Contact: Renelda Mary, Housing, 981-5400

Action:  Received and filed.

 

30. Volunteer Clean-up of Bay Trail (PDF)

From: City Manager

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action:  Received and filed.

 

31. SMART 911 (PDF)

From: Disaster and Fire Safety Commission

Contact: Donna McCracken, Commission Secretary, 981-5580

Action:  Received and filed.

 

Public Comment – Including Items Not Listed on the Agenda – 1

Adjournment 11:35 p.m.

Communications

Operating Standards for Alcohol Outlets and Fee Options
1.      Anna de Leon
2.      Andy & June Lee

Warm Water Pool at the Berkeley High School Milvia Street Site
3.      Michael Wilson
4.      Jerry Landis

Declining Atmosphere in South Berkeley
5.      Robin Wright

Supplemental Communications and Reports 1

Item 15: Permit Waiver and Parking Space Designation Request for Code Pink
6.      Barbara Gilbert
7.      Michael Wilson

Item 21: 21. ZAB Appeal: 161 Panoramic Way
8.   Dennis Snyder
9.   Tom Miller
10. Dale Gieringer
11. Ann Reid Slaby
12. Marc Toma
13. Regula Muller
14. Jerry Wachtel, Panoramic Hill Association
15. Heather Klein, on behalf of Dan Lindheim
16. Robert Woodruff

Supplemental Communications and Reports 2

Item 15: Permit Waiver and Parking Space Designation Request for Code Pink
17. Barbara Gilbert

Item 16: Midyear Budget Referral: Bicycle Safety Signs - University from 6th Street to Sacramento Street

Item 21: 21. ZAB Appeal: 161 Panoramic Way

18. Blanche Sack
19. Catherine Orozco
20. Dick White
21. Unknown (4)

Item 27: Medical Cannabis Sanctuary Resolution & Opposing U.S. DEA Dispensary Raids