Regular Meeting eSummary
March 8
, 2005

printer friendly pdf

Printer-friendly PDF* summary: (228 KB)

 

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

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

summary

BERKELEY CITY COUNCIL MEETING

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

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

 

Preliminary Matters

Roll Call:  7:11 p.m.  All present.

Ceremonial Matters:

1. Proclamation declaring March 8, 2005 as International Women’s Day in the City of Berkeley.

City Manager Comments:  The City Manager announced the death of long-time City employee Sergeant Michelle Noble.

Public Comment:  10 speakers.

Youth Comments:  No speakers.
 

Consent Calendar

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

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

Action: Adopted Ordinance No. 6,844–N.S. (PDF, 107 KB) Effective April 7, 2005.

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

Action: Approved minutes.

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

Action: Adopted Resolution No. 62,828–N.S. (PDF, 101 KB)

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

Action: Adopted first reading of Ordinance. Second reading scheduled for March 15, 2005.

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

Action: Approved recommendation as amended by City Manager to remove North Pool Roof Replacement.  Councilmembers Worthington, Moore and Anderson requested they be recorded as voting no on the Public Safety integrated software.

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

Action: Adopted Resolution No. 62,829–N.S. (PDF, 80 KB)

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

Action: Adopted Resolution No. 62,830–N.S. (PDF, 86 KB)

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

Action: Removed from Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Maio; Noes – Wozniak) to adopt Resolution No. 62,831–N.S. (PDF, 161 KB)

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

Action: Approved recommendation.

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

Action: Removed from Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Wozniak/Maio) to approve recommendation as amended to limit incentives to high efficiency vehicles purchased in Berkeley and refer to staff for term, feasibility and enforcement analysis to be reported back to Council.

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

Action: Moved to Information by Councilmember Spring as verbally amended to indicate no projects on University Avenue came in and were deemed complete between January 1 – 6, 2005.

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: Adopted Resolution No. 62,832–N.S. (PDF, 76 KB)

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

Action: Moved to Consent Calendar by Councilmember Moore (Abstain – Worthington) to adopt Resolution No. 62,833–N.S. (PDF, 6 MB) and affirming the decision of the Zoning Adjustments Board for 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.

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

Action: Moved, seconded, carried (Wozniak/ Moore) to approve the recommendation.

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

Action: Moved, seconded, carried (Worthington/ Maio) to adopt Resolution No. 62,834–N.S. (PDF, 104 KB)

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

Action: Received and filed.

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

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action: Received and filed.

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

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action: Received and filed.

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

Action: Moved to Consent Calendar by Councilmember Moore. Scheduled for public hearing April 26, 2005.

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

From: City Manager

Contact: Peter Hillier, Transportation, 981-7010

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.

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       Worthington

Use of Transfer Tax Funds for Police Dispatch System

11.  Lisa Pascopella       Moore, Worthington

Thousand Oaks Neighborhood Association Meeting

12.  Jerry Landis


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

Item 13: 2700 San Pablo Avenue - Supplement 1 File (PDF, 6 MB)

13.  Revised report, submitted by Planning and Development 

14.  Margaret Breland

Item 16: City’s Response to University of California Long Range Development Plan Final Environmental Impact Report

15.  Carl F. Friberg on behalf of Berkeleyans for a Livable University Environment (BLUE)

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

16.  Rena Rickles

17.  Steven Donaldson

18.  Douglas J. Herst, Architectural Product Group, Acuity Brands Lighting

19.  Michael Goldin

20.  Stephen E. Block


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

International Women’s Day

21.  Proclamation and Human Rights of Women Reference Guide to Official United Nations Documents, submitted by Rita Maran

Item 13: 2700 San Pablo Avenue

22.  Ali R. Kashani (PDF, 247 KB)

 

Adjournment

Adjourned at 9:21 p.m. in honor of Sergeant Michelle Noble.