Regular Meeting eSummary
January 11
, 2005

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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, January 11, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:07 p.m.  All present.

Ceremonial Matters:

1.      Recognition of tsunami victim relief efforts by local organizations and a request for donations to the Seva Foundation, Oxfam America, Doctors Without Borders,  ASHA and the American Red Cross.

2.      Proclamation declaring January 2005 to be Blood Donor Month.

3.      Acknowledgement of local celebrations of the birthday anniversary of the Reverend Martin Luther King, Jr. between January 14-17, 2005.

City Manager Comments:

1.      The City Attorney prevailed on the City’s living wage lawsuit that went to the Supreme Court. 

2.      Former City employee Bill Foster, who worked for the City for 29 years, passed away recently at the age of 90.

Public Comment:  6 speakers.

Youth Comments:  No speakers.


Consent Calendar – Recess

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

1.      Mills Act Contract: 2430 Fulton Street (PDF, 877 KB)

From: City Manager

Recommendation: Adopt a Resolution confirming the action taken by the City Manager during recess to enter into a Mills Act contract for 2430 Fulton Street.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,767–N.S. (PDF, 84 KB)

Consent Calendar

2.      New Locations for Metered Parking (PDF, 379 KB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Section 14.52.010 of the Berkeley Municipal Code (BMC) to add new parking meter zones on Fourth Street south of Virginia, on Hearst Avenue between Third and Fifth Streets, and the north side of Hearst Avenue between Oxford and Walnut Streets.

Financial Implications: Parking Meter Fund – $131,000 annual increased revenue.

Contact: Peter Hillier, Transportation, 981-7010

Action: Adopted Ordinance No. 6835–N.S. (PDF, 424 KB) Effective February 10, 2005.

3.      Minutes for Approval (PDF, 3 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of November 9, 2004 (special), December 6, 2004 (closed), December 7, 2004 (special and regular) and December 14 (regular).

Contact: Sara Cox, City Clerk, 981-6900

Action: Approved minutes with Councilmembers Capitelli, Moore and Anderson abstaining on the vote for the November 9, 2004 Special Meeting Minutes.

4.      Needle Exchange (PDF, 161 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: Sara Cox, City Clerk, 981-6900

Action: Adopted Resolution No. 62,768–N.S. (PDF, 101 KB)

5.      Kevin Frazier v. City of Berkeley, et al. (PDF, 142 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 819780-9 entitled Kevin Frazier c. City of Berkeley, et al. in the amount of $36,666.

Financial Implications: Public Liability Fund – $36,666.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,769-N.S. (PDF, 70 KB)

6.      Formal Bid Solicitations and Requests for Proposals Scheduled for Possible Issuance in the Next 30 Days (PDF, 218 KB)

From: City Manager

Recommendation:  Approve the list of new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various funds – $450,000.

Contact:  Frances David, Finance, 981-7300

Action: Approved recommendation.

7.      Grant and Contract: Low-Income Energy Revenues (PDF, 464 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of approximately $189,755 for the approximate period January 1, 2005 through December, 31, 2005; 2) approving the program priority plans; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: Grant revenue – $189,755.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,770–N.S. (PDF, 336 KB)

8.      Amendment: 2004 Annual Action Plan (PDF, 220 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending the 2004 Annual Action Plan to allocate 2005-06 HOME funds to the Housing Trust Fund.

Financial Implications: Housing Trust Fund Allocation – $1,162,333

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,771–N.S. (PDF, 85 KB)

9.      Contract: Pathway Repairs to Live Oak Park and Indian Rock Park (PDF, 270 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for pathway repair, replacement and renovations at Live Oak Park and Indian Rock Park; accepting the bid of J.A. Gonsalves & Sons Construction, Inc.; and authorizing the City Manager to execute a contract, and any amendments, extensions, or change orders with J.A. Gonsalves & Sons Construction, Inc. in an amount not to exceed $282,500.

Financial Implications: Parks Tax Fund – $60,000; Capital Improvement Fund – $222,500.

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

Action: Adopted Resolution No. 62,772–N.S. (PDF, 124 KB)

10.  Donation: Funds for Chairlift at Berkeley High School Warm Water Pool (PDF, 142 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the Peralta Colleges Foundation for an automatic chairlift at the Berkeley High School Warm Water Pool in FY 2004-05 and amending the Aquatics budget to increase the expenditure authority by $2,459.

Financial Implications: Donation to General Fund – $2,459.

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

Action: Adopted Resolution No. 62,773–N.S. (PDF, 71 KB)

11.  Purchase Order: Two Pothole Patch Trucks (PDF, 212 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Oakland Truck Center of Oakland, California in an amount not to exceed $359,100 to purchase two Pot Hole Patch Trucks for the Streets and Utilities Division of the Public Works Department.

Financial Implications: Equipment Replacement Fund – $165,074.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,774–N.S. (PDF, 87 KB)

12.  Contract: FY 2005 Traffic Circles – Phase 1 (PDF, 900 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY 2005 Traffic Circles – Phase 1; 2) accepting the bid of Mosto Construction; and 3) 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 $296,706 for the period of 100 calendar days from the Notice to Proceed.

Financial Implications: Various funds – $296,706.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,775–N.S. (PDF, 101 KB)

13.  Various Appointments to Committees, Commissions, and Regional Bodies (PDF, 198 KB)

From: Mayor Bates

Recommendation: Approve appointments to the 14 committees, commissions, and regional bodies as specified in the background section of the report.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,776–N.S. (PDF, 105 KB) as amended by Mayor Bates.

14.  Appointment of Dorothy Hunt to the Berkeley Housing Authority (PDF, 368 KB)

From: Mayor Bates

Recommendation: Approve the appointment of Dorothy Hunt to the vacant Tenant Commissioner position on the Berkeley Housing Authority (BHA).

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,777–N.S. (PDF, 68 KB)

15.  Response to Budget Submission by BASTA (PDF, 570 KB)

From: Mayor Bates

Recommendation: Refer the budget submission from BASTA to the City Manager for review and discussion at the February 15, 2005 City Council budget meeting.

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

16.  Set Dedicated Council Budget Meetings (PDF, 74 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution directing the City Manager to dedicate one City Council meeting per month entirely to the City’s budget.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted recommendation as amended authorizing the City Manager to dedicate the second Council meeting of each month from February through June 2005 entirely to the City’s budget and withdrawing the request for a Resolution.

17.  Oppose Low Lake Rancheria-Koi Nation Casino (PDF, 293 KB)

From: Councilmembers Maio and Capitelli and Mayor Bates

Recommendation: Support the Nadel/Quan resolution opposing the proposed establishment of the Low Lake Rancheria-Koi Nation Casino in the City of Oakland and communicate its opposition to the Oakland City Council and Mayor Jerry Brown.

Contact: Linda Maio, Councilmember District 1, 981-7110; Laurie Capitelli, Councilmember District 5, 981-7150; Tom Bates, Mayor, 981-7100

Action: Moved to Action by Councilmember Worthington. Approved recommendation as amended by Councilmember Maio to include introducing item at upcoming Council meeting for Council vote on opposing locating a casino in the City of Berkeley or any other Bay Area community.

18.  Questions Regarding Culverts (PDF, 10 KB)

From: Councilmember Spring

Recommendation: Refer the questions regarding culverts to the City Manager and request that answers be provided for Councilmembers, relevant Commissioners and Task force  members.

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

Action: Approved recommendation.

Action Calendar – Appeals

19.  2041-2067 Center Street (Seagate Properties)

a.      From: City Manager (PDF, 7 MB)

Recommendation: Adopt a resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #03-10000002, a nine story mixed use project with 149 dwelling units, commercial and cultural art space, and dismissing the appeal. This project is subject to state density bonus provisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Zelda Bronstein (PDF, 544 KB)

c.       Communications:

1.      None.

Action: Moved, seconded, carried (Spring/Maio; Noes – Olds, Wozniak) to hold over to January 18, 2005.

20.  2489 Martin Luther King Jr. Way

a.      From: City Manager (PDF, 8 MB)

Recommendation: Adopt a resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #03-10000106, a four story mixed use project with 21 condominium dwelling units and 1,725 square feet of commercial space, and dismissing the appeal. This project is subject to state density bonus provisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Margot Lederer Prado (PDF, 291 KB)

2.      Huiging Fong (PDF, 187 KB)

c.       Communications: (PDF, 1 MB)

1.      Paul Ugenti

2.      Jerome Taylor

3.      Margaret Pillow

4.      Huiging Fong

5.      Margot Rose Lederer

6.      Jerome Taylor and Margaret Pillow

Action: Councilmember Capitelli announced he was a member of the Zoning Adjustments Board when the board issued the decision on this matter and recused himself.

Moved, seconded (Spring/Anderson) a main motion to remand the matter to the Zoning Adjustments Board (ZAB) to address the following issues: 1) that residents of the project not be eligible for residential parking permits in the surrounding C Zone; and 2) that there be better landscaping for the project. 

Moved, seconded, carried (Wozniak/Maio; Abstain - Anderson, Spring, Worthington; Recuse – Capitelli) a substitute motion to adopt Resolution No. 62,778–N.S. (PDF, 98 KB) affirming the decision of the Zoning Adjustments Board and approving Use Permit #03-10000106, a four-story mixed use project with 21 condominium dwelling units and 1,725 square feet of commercial space, and dismissing the appeal.

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 – Old Business

21.  HUD Section 108 Loan Guarantee for the Jubilee Village (Held over from November 9, 2004)

a.      From: City Manager (PDF, 390 KB) (January 11, 2005 Report)

Recommendation: Adopt a Resolution: 1) directing the City Manager to take no further action concerning the City’s participation in the U.S. Department of Housing and Urban Development’s (HUD) 108 Loan Guarantee Program for the Jubilee Village project; 2) authorizing the City Manager to only reimburse Community Economics for the financial services in the amount of $3,960 that it has provided to Jubilee Village project to date; and 3) rescinding Resolution No. 62,241–N.S.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

b.      From: City Manager (PDF, 1 MB) (October 19, 2004 Report)

Recommendation:  Adopt a Resolution: 1) approving participation in the U.S. Housing and Urban Development (HUD) Section 108 Loan Guarantee Program; 2) authorizing the use of current and future Community Development Block Grant funds to secure a loan for the Jubilee Village development in an amount up to $3,008,000 and not to exceed eighty percent (80%) of the appraised value of the property; 3) that the findings of HUD’s recent monitoring be resolved to the City Manager’s satisfaction prior to closing on the Section 108 loan and a report be brought to City Council on November 9, 2004 for final review; and 4) rescinding Resolution No. 62,215-N.S.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

c.       From:  City Manager (PDF, 2 MB) (October 19, 2004 Supplemental Report)

Recommendation:  Adopt a Resolution: 1) directing the City Manager to take no further action concerning the City’s participation in the U.S. Department of Housing and Urban Development’s (HUD) 108 Loan Guarantee Program for the Jubilee Village project; 2) authorizing the City Manager to only reimburse Community Economics for the financial services in the amount of $3,960 that it has provided to Jubilee Village project to date; and 3) rescinding Resolution No. 62,241-N.S.

Contact:  Stephen Barton, Housing, 981-5400

d.      Update from City Manager (PDF, 418 KB) (November 9, 2004 Report)

Contact:  Stephen Barton, Housing, 981-5400

Action: Moved to Consent by Councilmember Worthington. Adopted Resolution No. 62,779–N.S. (PDF, 141 KB) approving the City Manger’s recommendation of January 11, 2005.

22.  FY 2006 & FY 2007 Priority Setting: Initial Phase of Council Tally (PDF, 1 MB) (Held over from December 7, 2004 by Councilmember Worthington)

From: City Manager

Contact: Lisa Caronna, City Manager, 981-7000

Action: Moved to Information by Councilmember Worthington. Received and filed.

23.  Minutes for Approval (PDF, 1 MB) (Held over from December 14, 2004 by City Manager)

From: City Manager

Recommendation: Approve the minutes for Council meetings of November 9, 2004 (regular).

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

Action: Moved to Consent by Councilmember Maio. Minutes approved. (Abstain – Capitelli, Moore, Anderson)

Action Calendar – New Business

24.  Administrative Citation Procedures (PDF, 659 KB)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.28 in order to: 1) increase the period for requesting a hearing to contest an administrative citation from 14 to 21 days; 2) require issuance of “fix-it” tickets in specified cases; and 3) clarify the burden of proof and going forward with evidence in administrative hearings.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved to Consent by Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for January 18, 2005. Councilmember Spring requested the City Manager provide training to staff to encourage voluntary compliance from citizens before issuing citations.

25.  City’s Response to University of California Long Range Development Plan Final Environmental Impact Report (PDF, 1 MB) (To be delivered)

From: City Manager

Recommendation: Staff received the Final Environmental Impact Report on January 3, 2005, and are in the process of analyzing the document. The report will be delivered prior to the Council meeting.

Financial Implications: Unknown.

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Moved to Consent and held over to January 18, 2005 by Councilmember Olds.

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.

Ed Roberts Campus

1.      Ellen Dardick

2.      Dusty Bernard

3.      Berkeley Design Advocates

4.      Elissa Gershon

5.      Michael Butler

6.      Joan Breves

7.      Kim Swain

8.      Susan Henderson

9.      Ann Cupolo Freeman

10.  Ramon Jimenez

11.  Kenneth Stein

City Budget

12.  Barbara Gilbert on behalf of BASTA!

13.  Barbara Gilbert

Draft Southside Plan Environmental Impact Report

14.  Associated Students of the University of California

Environmental Impact Report Request for San Pablo Projects

15.  Laurie Bright, Julie Dickinson, David Levinson, Leslie Marks and Daniele Spellman  (Moore)

Shattuck Senior Homes and 2517 Sacramento Homes

16.  Susanne Yenne

17.  Susan Friedland, Executive Director, Affordable Housing Associates

City’s Response to UC LRDP FEIR

18.  Maarten Kalway

Alberto Gonzales as Attorney General

19.  Cynthia Johnson, Social Justice Committee, Berkeley Fellowship of Unitarian Universalists

Stormwater Program

20.  L. A. Wood  (Spring)

Jubilee Restoration

21.  Brian, EyeOnBerkeley (2)

University Avenue Senior Housing

22.  Patricia E. Wall, Executive Director, Homeless Action Center

23.  Ruth Maguire

Questions Regarding Culverts

24.  Barbara Gilbert

The Most-Viewed Stories of 2004

25.  WZSEBEAR1@****.com

Cancel the Dance

26.  Frances Butler

Oppose Parking Permits for the Berkeley Arts Magnet School  (Spring)

27.  Diane Davenport

28.  Sayre Van Young


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

Item 14: Appointment of Dorothy Hunt to the Berkeley Housing Authority

29.  Resolution submitted by Mayor Bates (PDF, 121 KB)

Item 17: Oppose Low Lake Rancheria-Koi Nation Casino

30.  Arthur Feinstein, Golden Gate Audubon Society

31.  Norman La Force, Sierra Club

Item 18: Questions Regarding Culverts  (Spring)

32.  Neighbors on Urban Creeks

Item 19: 2041-2067 Center Street (Seagate Properties) ~ Complete Supplement File (PDF, 25 MB)

33.  Friends of Downtown Berkeley

34.  Mark McLeod

35.  Clifford Fred

36.  Martha Nicoloff

37.  Jesse Townley

38.  Austene Hall

39.  Darrell de Tienne

40.  Michael Katz

Item 21: HUD Section 108 Loan Guarantee for the Jubilee Village

41.  Brian, EyeOnBerkeley (2)


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

Tsunami Reports

42.  boona cheema

Items 19 and 20: 2041-2067 Center Street (Seagate Properties) and 2489 Martin Luther King Jr. Way

43.  Councilmember Spring (PDF, 230 KB)


Adjournment

Adjourned at 9:11 p.m. in memory of John Lee.