Regular Meeting eAgenda
March 8
, 2005

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Tuesday, March 8, 20057:00 P.M.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location.  Questions regarding this matter may be addressed to Sara Cox, City Clerk, 981-6900.

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Youth Comments: A total of 15 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Fair Procedures in Quasi-Judicial Land Use Matters (PDF, 67 KB) (First Reading February 22, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second 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

2.      Minutes for Approval (PDF, 2 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of January 18, 2005 (regular and closed), January 25, 2005 (regular), February 7, 2005 (closed) and February 8, 2005 (special and regular).

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

3.      Needle Exchange (PDF, 176 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

4.      Amendment of BMC Chapter Regarding Infractions and Misdemeanors (PDF, 478 KB)

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) section 1.20.020 relating to how violations of City ordinances are charged.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

5.      Formal Bid Solicitations and Requests for Proposals (PDF, 313 KB)

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; 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 – $4,775,000

Contact: Fran David, Finance, 981-7300

6.      Safe Haven Program for Newborns (PDF, 217 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City to participate in the Safe Haven Program for Newborns by establishing Berkeley fire stations as approved locations where abandoned newborns can be dropped off.

Financial Implications: Staff time.

Contact: Debra Pryor, Fire, 981-5500

7.      Contract: Financial Consultant Services – Seifel Consulting, Inc. (PDF, 268 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Seifel Consulting, inc. for financial consulting services in an amount not to exceed $40,000.

Financial Implications: CDBG Fund – $40,000.

Contact: Stephen Barton, Housing, 981-5400

8.      HUD Section 108 Loan Guarantee for the University Neighborhood Apartments at 1719-1725 University Avenue (PDF, 571 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving participation in the U.S. Housing and Urban Development (HUD) Section 108 Loan Guarantee Program and authorizing the use of current and future Community Development Block Grant funds as the ultimate security and loan collateral in order to secure a loan for the University Neighborhood Apartments’ development at 1719-1725 University Avenue, up to the amount of $800,000; 2) authorizing the City Manager to execute the HUD Contract for Loan Guarantee Assistance, Note, and all other documents, agreements and amendments necessary to secure the HUD 108 Loan for the University Neighborhood Apartments’ development; and 3) rescinding Resolution No. 61,275–N.S.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

9.      Raising The Tibetan Flag In Solidarity With The Tibetan People (PDF, 29 KB)

From: Councilmember Worthington

Recommendation: Allow the Tibetan flag to be raised on the city flag pole on March 10, 2005 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

Financial Implications: None.

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

10.  Meeting City’s Greenhouse Gas Reduction Goals (PDF, 22 KB)

From: Councilmembers Wozniak and Maio

Recommendation: Request that staff prepare a cost benefit analysis, which would be sent to the Energy Commission for review, of offering free on-street parking at metered spaces for fuel-efficient and clean hybrid vehicles to increase the percentage of fuel efficient vehicles owned by Berkeley residents and reduce gasoline consumption to meet the City’s Kyoto goals. Staff should consider if this incentive would be available: only to high-efficiency vehicles purchased in Berkeley, which generate a local sales tax; high-efficiency vehicles regardless of origin; the term of the incentive (how many years per purchaser); and the likelihood of achieving the Kyoto reductions.

Financial Implications: Staff time.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180; Linda Maio, Councilmember District 1, 981-7110

11.  Policy on University Avenue Land Use Projects Applications Deemed Complete after January 1, 2005 (PDF, 73 KB)

From: Councilmember Spring

Recommendation: Pass a policy requiring that University Avenue land use projects applications that are deemed complete after January 1, 2005 are subject to University Avenue Strategic Plan zoning amendments passed by Council on December 7, 2004.

Financial Implications: None.

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

12.  Filling Vacancies Among the Elected Representatives of the Poor 

a.      From: Human Welfare and Community Action Commission (PDF, 178 KB)

Recommendation: Adopt a Resolution confirming the appointment of Ms. Carita Jenkins (District 2) as an elected representative of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC February 2, 2005 meeting, and that her term expires November 14, 2006.

Financial Implications: None.

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager (PDF, 53 KB)

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

Contact: Stephen Barton, Housing, 981-5400

Action Calendar – Appeals

13.  2700 San Pablo Avenue

a.      From: City Manager (PDF, 799 KB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #04-70000039, a five story mixed-use project with 30 dwelling units, four live/work units and 1,256 square feet of commercial floor area, 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.      Laurie Bright, Leslie Marks and Julie Dickinson (PDF, 1 MB)

c.       Communications (PDF, 996 KB)

1.      Leslie Marks

2.      Charmaine Curtis

3.      Neighbors for Responsible Design


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

14.  Parking Enforcement Operations Audit (PDF, 3 MB)

From: City Auditor

Recommendation: Request the City Manager to ensure that the recommendations in the attached report are fully implemented, and to report back by July 19, 2005, regarding the implementation status of each recommendation in the report. A date should be set for a follow-up report to Council if any recommendations remain unimplemented at the time of the July report.

Financial Implications: See report.

Contact: Ann-Marie Hogan, City Auditor, 981-6750

15.  Contract: Environmental and Planning Services (PDF, 326 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to approve four contracts and any amendments with Crawford, Multari & Clark, Pacific Municipal Consultants, Amy Skews-Cox and Chandler Lee for planning and environmental review services in an amount not to exceed $500,000 each, for a contract period of three years, with the sole source of funding derived from funds provided by applicants.

Financial Implications: Funding provided by the applicant.

Contact: Dan Marks, Planning, 981-7400

Information Reports

16.  City’s Response to University of California Long Range Development Plan Final Environmental Impact Report (PDF, 1 MB) (Held over from February 22, 2005)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

17.  Transfer of Jobs Consortium HUD Grants (PDF, 281 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

18.  Unrepresented Temporary Employees Information Report (PDF, 88 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

19.  Landmarks Preservation Commission Notice of Decision: 720 University Avenue/2040 Fourth Street (Celia's Restaurant) - Landmark Designation (PDF, 6 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

20.  Progress Report: Center Street Garage Flat-Rate Fee (PDF, 398 KB) (CF 30-04)

From: City Manager

Contact: Peter Hillier, Transportation, 981-7010

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.

Project and Development Impact Fees

1.      Barbara Gilbert (2)

Senior Housing Parking Requirements

2.      Barbara Gilbert

Berkeley Civic Festivals

3.      Jacob Cohen, Micky Bloom and Julia Elliot, Tante’s Catering

Municipal Pools

4.      Barbara Gilbert (2)

5.      Frances Breckenridge

Radio Frequency Identification (RFID)

6.      Gene C. Bernardi

Kyoto Protocol

7.      Michael Marchant

Pesticides in Oakland Hills

8.      Tori Thompson

Opposition to Casino San Pablo Resolution

9.      Jacqueline L. Bucholz, City of Albany City Clerk

Opposition to Arts Funding Cuts

10.  David Klausner

Use of Transfer Tax Funds for Police Dispatch System

11.  Lisa Pascopella

Thousand Oaks Neighborhood Association Meeting

12.  Jerry Landis