Regular Meeting eSummary
February 22
, 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.

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

Tuesday, February 22, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call: 7:04 p.m.  All present.

Ceremonial Matters:

1.                  Proclamation honoring Morrie Turner on the 40th anniversary of his unique comic strip Wee Pals.  Mr. Turner created the first comic strip to feature a multi-ethnic cast of characters.  Wee Pals demonstrates a positive outlook on life and reaches 25 million readers.

2.                  Proclamation recognizing the Shorebird Park Centennial and honoring the Rotary Club for its many contributions to the City of Berkeley and great efforts in rejuvenating Berkeley’s Shorebird Park. Dedication of the park will take place on February 23, 2005 at 1:00 p.m.

3.                  Proclamation celebrating Black History Month and honoring the many distinguished African-American leaders who reside in Berkeley.

City Manager Comments: 

1.                  The City will host a “South Berkeley Expo” on February 23, 2005 from 6:30- 9:00 p.m. at the South Berkeley Senior Center, 2939 Ellis Street.  The expo will present information on all services available to South Berkeley residents.

2.                  The Mayor and City will convene a workshop on soft-story building on February 24, 2005, from 7:00 – 9:00 p.m. at the North Berkeley Senior Center, 1901 Hearst Avenue.

3.                  On February 24, 2005 at 7:00 there will be a community meeting at the West Berkeley Senior Center, 1900 Sixth Street, to discuss the unfortunate rape that occurred seven weeks ago.

Public Comment:  12 speakers.
 

Consent Calendar

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

1.      Lease Agreement: 1013 Pardee Street – Energy Office (PDF, 1 MB) (First Reading February 15, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute a one-year lease agreement and four one-year renewal options with Asia Fountain Group, Inc., for the property located at 1013 Pardee Street for office and warehouse space for the Office of Energy and Sustainable Development, in an initial amount not to exceed $2,666 per month for the period beginning April 1, 2005.

Financial Implications: General Fund – $31,987 annually.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Ordinance No. 6,842–N.S. (PDF, 1 MB) Effective March 24, 2005.

2.      Lease Agreement: 2434 Durant Avenue - Sather Gate Shops (PDF, 2 MB) (First Reading February 15, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement with Liaqat Choudary and Mohammed Barder, for retail space located at 2434 Durant Avenue for the purpose of operating a dollar style variety store.

Financial Implications: Off Street Parking Fund – $179,090 revenue over six-years.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Ordinance No. 6,843–N.S. (PDF, 2 MB) Effective March 24, 2005.

3.      Needle Exchange (PDF, 164 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. 62,816–N.S. (PDF, 100 KB)

4.      Gilman Street Sports Fields Preliminary Site Plan (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution approving the Gilman Street Sports Fields Preliminary Site Plan as a proposed project, in order to proceed with the California Environmental Quality Act (CEQA) review.

Financial Implications: None.

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

Action: Adopted Resolution No. 62,817–N.S. (PDF, 2 MB)

5.      Grant: San Francisco Foundation for Parent Education Program (PDF, 227 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application to the San Francisco Foundation for a Parent Education Program at the Martin Luther King, Jr. Youth Services Center in an amount of $20,000; to accept the grant; execute resultant revenue agreements and amendments; and authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Grant Revenue - $20,000. No matching funds required.

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

Action: Adopted Resolution No. 62,818–N.S. (PDF,125  KB)

6.      Contract: Sanitary Sewer Project (PDF, 521 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Grizzly Peak Boulevard, Shasta Road, Rock Lane and Poplar Street; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,130,726 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $1,130,726.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,819–N.S. (PDF, 121 KB)

7.      All-way Stop at Shasta Road and Miller Avenue (PDF, 289 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of two stop signs on Shasta Road at Miller Avenue, creating a three-way stop at this intersection.

Financial Implications: Capital Improvements Projects Fund – $1,000.

Contact: Peter Hillier, Transportation, 981-7010

Action: Referred to the Agenda Committee by Mayor Bates and Councilmember Olds.

8.      Support for Self-Anchored Suspension Bridge Design for Bay Bridge (PDF, 322 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution in support of the current self-anchored suspension bridge design for the east span of the Bay Bridge and forward copies of the resolution to the Governor of California, the California State Senate and Assembly, the Metropolitan Transportation Commission, and other appropriate agencies and officials.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,820–N.S. (PDF, 181 KB)

9.      Proclamation Recognizing the Berkeley Rotary Club's Shorebird Park Centennial Project (PDF, 185 KB)

From: Councilmember Moore and Mayor Bates

Recommendation:  Approve a proclamation recognizing the Rotary Club of Berkeley for their great efforts in rejuvenating Berkeley’s Shorebird Park.

Financial Implications: None.

Contact: Darryl Moore, Councilmember District 2, 981-7120; Tom Bates, Mayor, 981-7100

Action: Approved proclamation.

10.  Re-Use of Plastic Packing Materials (PDF, 107 KB)

From: Councilmember Olds

Recommendation:  Request that the Solid Waste Commission study the options available in Berkeley for recycling and re-using plastic packing materials and return to the Council with recommendations.

Financial Implications: None.

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

Action: Approved recommendation.

11.  Grant for Strawberry Creek Feasibility Study (PDF, 276 KB)

From: Councilmember Spring

Recommendation:  Adopt a Resolution supporting a grant application to the State Department of Water Resources, Urban Streams Restoration Grant Program by a partnership consisting of the Citizens for a Strawberry Creek Plaza, the Watershed Project and the City for the purposes of completing the required final feasibility studies for daylighting Strawberry Creek on Center Street between Oxford Street and Shattuck Avenue.

Financial Implications: Grant Revenue – $953,216.

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

Action: Removed from Consent by Councilmember Capitelli.  Moved, seconded, carried (Spring/Worthington) to adopt Resolution No. 62,821–N.S. (PDF, 168 KB) as amended.

12.  I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event

a.      From: Commission on Early Childhood Education (PDF, 82 KB)

Recommendation:  Schedule a 15-minute presentation by the Commission to provide information on the I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event honoring local child care providers.

Financial Implications: None.

Contact: Angellique De Coud, Secretary, 981-5428

b.      From: City Manager (PDF, 67 KB)

Recommendation: Refer to the Agenda Committee for scheduling a 15-minute presentation of the I Care for Berkeley’s Children Worthy Wage Providers Appreciation Event honoring Beatriz Leyba-Culter as Child Care Champion of the Year.

Contact: Stephen Barton, Housing, 981-5400

Action: Approved recommendation to refer to the Agenda Committee to schedule the presentation.

13.  Grant and Contract: Community Services and Development Block Grant

a.      Human Welfare Community Action Commission (PDF, 219 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) enter into an Agreement with the State Department of Community Services and Development; 2) accept a total of $173,556 in Community Services Block Grant (CSBG) funds; and 3) execute any resultant agreements and amendments with community agencies to provide low-income services for the time period January 1, 2005 to December 31, 2005.

Financial Implications: Grant Revenue to Community Action Program Fund – $173,556.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager (PDF, 60 KB)

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

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,822–N.S. (PDF, 84 KB)

Action Calendar – Appeals

14.  3075 Adeline Street (To be delivered)

a.      From: City Manager (PDF, 1 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit and Variance #01-10000098 for the project located at 3075 Adeline Street to construct and operate a universally accessible, 86,057-square foot, two-story, non-residential building (the Ed Roberts Campus) with space for eight disabilities organizations, childcare, café and fitness center.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Robert Lauriston (PDF, 350 KB)

c.       Communications (PDF, 467 KB)

1.      Robert Lauriston (2)

2.      Lorraine Rosenblatt

Action: Councilmember Capitelli announced he would recuse himself as he had voted on this as a member of the Zoning Adjustments Board (ZAB).

Moved, seconded, carried (Spring/Anderson: Recuse - Capitelli) to adopt Resolution No. 62,823–N.S. (PDF, 112 KB) affirming the decision of the Zoning Adjustments Board to approve a Use Permit and Variance to construct and operate a universally accessible 80,057 square-foot, two-story, non-residential building with space for eight disabilities organizations, childcare, café and fitness center and dismissing the appeal.
 

Action Calendar – Public Hearing

15.  Agreements with Other Law Enforcement Agencies, Police Departments or Private Security Organizations (PDF, 287 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving agreements, understandings or policies revised and updated as of February 22, 2005 between the Berkeley Police Department and other law enforcement agencies, police departments and other private security organizations in order to maintain the current level of police resources and emergency services.

Financial Implications: See report.

Contact: Roy Meisner, Police, 981-5900

Public Testimony: The Mayor opened the public hearing. Two speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Worthington/Spring) to refer to the Police Review Commission for review and then refer to the Agenda Committee to set a date to continue the public hearing.

16.  Grant: Citizen's Option for Public Safety (COPS) (PDF, 182 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to appropriate $153,140 in California Citizen’s Option for Public Safety (State COPS) grant funding, for FY 2005 and authorize expenditures beginning July 1, 2005, to be used for a half time Community Service Specialist I, hourly Juvenile Bureau Counselor, hourly Police Aides and hourly crime analysis staff.

Financial Implications: Grant Revenue – $153,410. No matching funds required.

Contact: Roy Meisner, Police, 981-5900

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Maio/Moore) to adopt Resolution No. 62,824–N.S. (PDF, 76 KB) authorizing the City Manager to appropriate $153,140 in California Citizen’s Option for Public Safety (State COPS) grant funding for FY 2005 and authorize expenditures beginning July 1, 2005 to be used for a half-time Community Service Specialist I, hourly Juvenile Bureau Counselor, hourly Police Aides and hourly crime analysis staff.

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

17.  Fair Procedures in Quasi-Judicial Land Use Matters (PDF, 246 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the BMC Sections 23B.28.060 and 23B.32.060 to reflect new rules regarding ex parte communications for matters on appeal to the Zoning Adjustments Board and the City Council.

Financial Implications:  None.

Contact: Dan Marks, Planning, 981-7400

Action: Moved to Consent by Councilmember Maio. Adopted first reading of Ordinance.  Second reading scheduled for March 8, 2005.

18.  Grant: Caltrans’ Bicycle Transportation Account (BTA) (PDF, 3 MB)

From: City Manager

Recommendation:  Adopt a Resolution approving the 2005 Bicycle Plan Update and directing staff to submit an application to Caltrans’ Bicycle Transportation Account (BTA) for a grant in the amount of $189,000 for a traffic signal at the intersection of Hillegass and Asbhy Avenues, and directing staff to execute any resultant grant agreements and amendments.

Financial Implications: Caltrans’ BTA Grant Revenue – $189,000; Measure B Bicycle and Pedestrian Funds –$21,000 local match.

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved to Consent by Councilmember Maio. Adopted Resolution No. 62,825–N.S. (PDF, 78 KB)

19.  Grant: Safe Routes to School (PDF, 320 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to:1) accept a grant award from the Caltrans Safe Routes to School program for traffic safety improvements around Malcom X Elementary School in the amount of $364,320; and 2) execute any resultant agreements and amendments.

Financial Implications: Grant Revenue – $364,320.

Contact: Peter Hillier, Transportation, 981-7010

Action: Moved to Consent by Councilmember Maio.  Adopted Resolution No. 62,826–N.S. (PDF, 81 KB)

 

Information Reports

20.  City’s Response to University of California Long Range Development Plan Final Environmental Impact Report (PDF, 1 MB) (Held over from February 15, 2005)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

Action: Received and filed.

21.  Investment Report: Quarters Ended September 30, 2004 and December 31, 2004 (PDF, 7 MB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

22.  Modification of Community Service Program – Status Report (PDF, 174 KB) (CF 40-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

23.  1809 Shattuck Avenue: Certification and Review of Planning Commission Approval of Tentative Tract Map 7527 (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

24.  2131 Durant Avenue: Certification and Review of Planning Commission Approval of Tentative Tract Map 7538 (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

25.  Landmarks Preservation Commission Notice of Decision: 2900-98 San Pablo Avenue - Approval of Structural Alteration Permit (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

26.  Landmarks Preservation Commission Notice of Decision: 1650 La Vereda Road - Landmark Designation (PDF, 3 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

27.  Landmarks Preservation Commission Notice of Decision: 1650 La Vereda Road – Approval of Structural Alteration Permit (12-6-04 and 1-10-05) (PDF, 4 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

Closed Session

The City Council recessed to closed session to discuss each of the following matters, not necessarily in the order listed below:

 

CONFERENCE WITH LEGAL COUNSEL-- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) and (c)

 

Threatened litigation – two cases:

 

The City Council will discuss with its attorneys a threat of litigation by the University of California, Berkeley (UC) should it adopt a sewer rate schedule that includes imposing a sewer fee on UC for sewer services UC receives from the City of Berkeley.

 

The City Council will also discuss with its attorneys litigation which may be filed by UC should the City demand that UC collect and remit to the City the parking space rental tax imposed by BMC Chapter 7.48. on spaces in UC operated garages.

 

Initiation of litigation—three cases:

 

The Berkeley City Council will consider whether to initiate litigation challenging the legal adequacy of the environmental impact report prepared by the Regents of the University of California on the Long Range Development Plan for the Berkeley Campus and related actions.

 

The Berkeley City Council will also consider whether to initiate litigation to compel the Regents of the University of California and/or the University of California, Berkeley Campus, to collect and remit to the City the parking space rental tax imposed by BMC Chapter 7.48.

 

The Berkeley City Council will also consider whether to initiate litigation to determine the extent to which the Regents of the University of California and/or the University of California, Berkeley Campus are obligated to pay the sewer rates and clean storm water charges adopted by the City.

Action: Discussion held.

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.

Traffic Calming

1.      Barbara Gilbert

Negative Declarations under CEQA

2.      Barbara Gilbert

New Buildings

3.      Joel ben Izzy

Fair Campaign Practices Commission Activity and Neighborhood Organizations

4.      Laurie Bright, Council of Neighborhood Associations (CNA)

Caldecott Tunnel

5.      Dean Metzger, Claremont Elmwood Neighborhood Association (CENA)


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

Item 8: Support for Self-Anchored Suspension Bridge Design for Bay Bridge

6.      Abolhassan Astaneh-Asl

Item 11: Grant for Strawberry Creek Feasibility Study

7.      David Koehn

8.      Lisa Sullivan

9.      David Room

10.  Gus Yates

11.  Richard Register

12.  Bill Mastin

13.  Darcie Luce

14.  Josh Bergstrom

15.  Bruce Douglas

Item 14: 3075 Adeline Street ~ Complete Supplement File (PDF, 682 KB)

16.  Robert Lauriston

17.  Kenneth E. Stein

18.  Andra Lichtenstein

19.  Darlene Bubis

20.  Neil A. Cook

21.  Dusty Bernard

Item 20: City’s Response to University of California Long Range Development Plan Final Environmental Impact Report

22.  Marie Bowman, BANA

Budget Ideas: Southside Plan and UC

23.  Sharon Hudson

 

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

Item 14: 3075 Adeline Street

24.  Motion, submitted by Councilmember Spring (PDF, 68 KB)

Black History Month

25.  Paul Cobb, Berkeley Tri-City Post

 

Adjournment

Adjourned at 9:34 p.m.