Regular Meeting eSummary
May 24
, 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, May 24, 2005

7:00 P.M.

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


Preliminary Matters

Roll Call:  7:03 p.m.  All present.

Ceremonial Matters:

1.      Proclamation declaring June 4-12, 2005 Affordable Housing Week in the City of Berkeley and honoring the contributions affordable housing projects have made to the City.

2.      Proclamation commending La Pena Cultural Center for bringing communities together through the arts and declaring June 11, 2005 La Pena Day in the City of Berkeley.

3.      Councilmember Anderson announced a Community Clean-up Day on Sacramento Street between Oregon and Alcatraz Streets on Saturday June 4, 2005.

4.      Councilmember Anderson announced a rally in support of the Claremont Boycott on May 26, 2005  from 4:30-7:00 in front of the Claremont Hotel.

5.      Councilmember Anderson announced the Juneteenth Festival will be held on June 19, 2005 in South Berkeley on Adeline Street between Prince and Alcatraz Streets.

6.      Councilmember Anderson acknowledged receipt of a plaque presented to the City of Berkeley for its support of the Ala Costa Center.

City Manager Comments:  No Comments.

Public Comment:  14 speakers.


Consent Calendar

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

1.     Minutes for Approval (PDF, 441 KB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 25, 2005 (special closed), April 26, 2005 (special), and May 9, 2005 (special closed).

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

Action: Approved minutes as submitted.

2.      Needle Exchange (PDF, 174 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 T. Cox, City Clerk, 981-6900

Action: Adopted Resolution No. 62,909–N.S. (PDF, 100 KB)

3.     Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program (PDF, 303 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to apply for and accept a grant and any amendments from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $284,101 to fund a Self Contained Breathing Apparatus (SCBA) equipment acquisition program.

Financial Implications: Grant Revenue –$284,101; 20% Matching Funds: General Fund – $71,025.

Contact: Debra Pryor, Fire, 981-5500

Action: Adopted Resolution No. 62,910–N.S. (PDF, 73 KB)

4.     Termination of Local Emergency from Influenza Vaccine Shortage (PDF, 215 KB)

From: City Manager

Recommendation:  Adopt a Resolution terminating the existence of a local emergency regarding a shortage of influenza vaccine, and rescinding Resolution No. 62,697–N.S.

Financial Implications: None.

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

Action: Adopted Resolution No. 62,911–N.S. (PDF, 78 KB)

5.     Grant: Measure B Revenue (PDF, 211 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $168,343 for Measure B annual pass-through funds for use during fiscal year 2006 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: Measure B Grant Revenue – $168,343

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,912–N.S. (PDF, 84 KB)

6.     Reprogramming FY 2004 Emergency Shelter Grant Funds (PDF, 267 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the transfer of $9,925 in FY2004 Emergency Shelter Grant (ESG) funds from Building Opportunities for Self-Sufficiency (BOSS) to the Berkeley Food And Housing Project (BFHP) to complete minor rehabilitation work at BFHP’s Men’s and Women’s Shelters; 2) amending the existing contract with BFHP to increase the contract amount by $9,925 in ESG funds for a total amount not to exceed $1,108,683 for the period July 1, 2003 through June 30, 2005; and 3) amending the existing contract with BOSS to decrease the contract amount by $9,925 in ESG funds for a total amount not to exceed $1,092,186 for the period July 1, 2003 through June 30, 2005.

Financial Implications: Emergency Shelter Grant Funds – $9,925 transferred from BOSS to BHFP.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,913–N.S. (PDF, 98 KB)

7.     Contract Amendments: CDBG and ESG Funded Improvement Projects (PDF, 270 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to contracts with Building Opportunities for Self-Sufficiency (BOSS) for improvements to Harrison House Shelter and the Multi-Agency Service Center; and, to the Ephesian Children’s Center for improvements to Greg Brown Park funded with Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) funds to extend the contracts to June 30, 2006.

Financial Implications: None – funding amounts remain unchanged.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,914–N.S. (PDF, 106 KB)

8.     Extension of Supplemental Military Leave Compensation Policy (PDF, 506 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 62,648–N.S. to extend the City’s supplemental military leave compensation benefit to May 31, 2006 to provide a salary supplement for an aggregate of 24-months that must be taken within 36 months for employees called for active military service.

Financial Implications: See report.

Contact: David Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 62,915–N.S. (PDF, 154 KB)

9.     Contract Amendment: Pacific Municipal Consultants (PDF, 268 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Pacific Municipal Consultants (PMC) for environmental and project review for 2020 Kittredge (Library Gardens) to increase the amount by $8,300 for a new total not to exceed $67,900 for the period June 11, 2003 through December 31, 2005.

Financial Implications: None (Additional funding paid by applicant).

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,916–N.S. (PDF, 90 KB)

10.  Revisions to the Zoning Ordinance, Part 2 (PDF, 6 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance to correct various typographic errors in Berkeley Municipal Code (BMC) Title 23 (Zoning Ordinance) and clarify long-standing interpretations of regulatory text.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted first reading of Ordinance. Second reading scheduled for June 14, 2005.

11.  Contract: Environmental Review Services for 700 University Avenue (PDF, 199 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing City Manager to execute a contract and any amendments with Christopher A. Joseph & Associates for environmental review services in an amount not to exceed $150,000, with sole source of funding derived from funds provided by applicant for a contract period June 10, 2005 through June 10, 2006.

Financial Implications: None – funding provided by applicant.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,917–N.S. (PDF, 80 KB)

12.  Contract: Sanitary Sewer Project (PDF, 477 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Ashby Avenue, Elmwood Avenue, Pine Avenue, Elmwood Court and Claremont Crescent; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $849,626 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $849,626

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,918–N.S. (PDF, 124 KB)

13.  Contract: Sanitary Sewer Project (PDF, 601 KB)

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Keith Avenue, El Mirador Path, Martinez Path, El Portal Court, Acton Street, Acroft Court, Mendocino Avenue and Bancroft Way; accepting the bid of Darcy and Harty Construction Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,023,488 for a period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Fund – $1,023,488

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,919–N.S. (PDF, 132 KB)

14.  Fee Waiver & Sponsorship: San Francisco Mime Troupe (PDF, 71 KB)

From: Councilmember Maio

Recommendation: Adopt a Resolution to sponsor and pay applicable Special Event fees associated with the San Francisco Mime Troupe’s six days of performance in Berkeley parks throughout the summer from the Special Event budget and place the Mime Troupe on the list with those events that receive permanent funding.

Financial Implications: $568 in special event fees.

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

Action: Adopted Resolution No. 62,920–N.S. (PDF, 59 KB)

15.  Disclosure of Slavery Ties of Financial and Insurance Institutions (PDF, 38 KB)

From: Councilmembers Moore, Anderson and Spring

Recommendation:  Adopt an Ordinance to require financial entities that do business with the City to disclose any financial ties with slavery, whether investment, collateral for loans, or issuing insurance policies.

Financial Implications: Unknown.

Contact: Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; Dona Spring, Councilmember District 4, 981-7140

Action: Adopted first reading of Ordinance. Second reading scheduled for June 14, 2005. (Noes – Olds)

16.  Hearing Aids and FM Systems for Children (PDF, 75 KB)

From: Councilmembers Moore, Capitelli, Spring and Wozniak

Recommendation:  Refer the following to the budget process: a one-time request for $38,802 for the Center of the Education of the Infant Deaf (CEID) Hearing Aid and FM System Loaner Bank Project for Children (0-17 years old).

Financial Implications: $38,802.

Contact: Darryl Moore, Councilmember District 2, 981-7120; Laurie Capitelli, Councilmember District 5, 981-7150; Dona Spring, Councilmember District 4, 981-7140; Gordon Wozniak, Councilmember District 8, 981-7180

Action: Approved recommendation.

17.  Reducing Bird Kills from Wind Energy Sites (PDF, 764 KB)

From: Councilmember Olds

Recommendation:  Write a letter to the Alameda County Board of Supervisors asking that Altamont wind energy companies be required to reduce bird kills by 50 percent within three years as a condition of their use permit.

Financial Implications: None.

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

Action: Approved recommendation.

18.  Spice of Life Festival (PDF, 6 KB)

From: Councilmembers Spring and Capitelli

Recommendation: Refer to the FY 05-06 budget process a request for $2,000 from the North Shattuck Business Association for city in-kind expenses at the annual Spice of Life Festival in October.

Financial Implications: $2,000.

Contact: Dona Spring, Councilmember District 4, 981-7140 and Laurie Capitelli, Councilmember District 5, 981-7150

Action: Approved recommendation.

19.  Contract: FirstCall Emergency Telephone Notification System

a.   From: Disaster Council (PDF, 132 KB)

Recommendation:  Renew the contract with FirstCall, an emergency telephone notification system.

Financial Implications: $15,350 annual contract; $190 monthly SBC support fee.

Contact: Bill Greulich, Secretary, 981-5502

b.   From: City Manager (PDF, 56 KB)

Recommendation: Refer to the budget process.

Contact: Debra Pryor, Fire, 981-5500

Action: Approved recommendation.

20.  Peace Lantern Ceremony

a.   From: Peace and Justice Commission (PDF, 368 KB)

Recommendation:  Adopt a Resolution endorsing the Fourth Annual Peace Lantern Ceremony to be held on August 6, 2005 in Aquatic Park.

Financial Implications:

Contact: Manuel Hector, Secretary, 981-5110

b.   From: City Manager (PDF, 48 KB)

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

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

Action: Adopted Resolution No. 62,921–N.S. (PDF, 131 KB)

Action Calendar - Presentation

21.  Presentation: Mosquito Abatement

From: Councilmember Capitelli

Recommendation: 15-minute presentation by a representative from the Alameda County Mosquito Abatement District regarding the activities of the District on May 24, 2005.

Financial Implications: None.

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

Action: Presentation made and discussion held.

Action Calendar – Appeals

22.  1734 Bancroft Way – Appeal of Zoning Adjustments Board’s Decision

a.   From: City Manager (PDF, 12 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit 04-10000134, to allow the demolition and replacement of a single-family residence, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.   Appeals 

1.      William Taylor (PDF, 94 KB)

c.   Communications

1.      Jim Orjala (PDF, 125 KB)

Action: Moved, seconded, carried (Maio/Wozniak; Noes – Spring, Capitelli) to adopt Resolution No. 62,922–N.S. (PDF, 1 MB) affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit 04-10000134, to allow the demolition and replacement of a single-family residence, 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 – New Business

23.  ZA 1-05: Zoning Amendments for Parking Requirements (PDF, 7 MB) (CF 15-04)

 Attachments:

From: City Manager

Recommendation: 1) Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) to implement the C1.1 and C1.2 recommendations by the Mayor’s Task Force on Permitting and Development (MTF); and 2) adopt the Initial Study/Negative Declaration prepared to meet the California Environmental Quality Act (CEQA) requirements for the proposed Zoning Ordinance revisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Capitelli/Moore; Noes – Worthington; Abstain – Spring) to adopt first reading of Ordinance amending Section 7, B.M.C. 23E.28.140.B.1, as amended by Council member Capitelli to change “bus rapid transit station” to “rapid bus transit stop;” adopting the Initial Study/Negative Declaration to meet the California Environmental Quality Act (CEQA) requirements for the proposed Zoning Ordinance revisions; referring analysis of parking flexibility in manufacturing use districts to the City Manager with a report back to Council by June 14, 2005; and referring to the City Manager a report on parking assessment districts to be brought back to Council on a date to be determined. Second reading of Ordinance scheduled for June 14, 2005.

24.  Budget Referral: Pedal Express

a.   From: Councilmembers Maio, Anderson and Worthington (PDF, 135 KB)

Recommendation: Refer continued funding of Pedal Express delivery services to the budget process.

Financial Implications: $26,250 to provide services at the same level.

Contact: Linda Maio, Councilmember District 1, 981-7110; Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170

b.      From: Community Environmental Advisory Commission (PDF, 194 KB)

Recommendation: Request that the City Manager extend the contract with Pedal Express through FY 2005-06 due to overall cost savings and environmental preferences.

Contact: Nabil Al-Hadithy, Secretary, 981-7461

Action: Moved to Consent by Councilmember Worthington to refer both items to the budget process.

25.  Youth Voting (PDF, 30 KB)

From: Councilmembers Moore and Worthington

Recommendation: Adopt a Resolution to: 1) support state legislation permitting local choice in which cities and counties will be permitted to designate a voting age of 16 years or older in city or county elections; and 2) prepare an amendment to the Berkeley City Charter to be presented to the voters in Berkeley that would allow a resident of 16 years of age or older the right to vote in city elections, if and when the state allows this action.

Financial Implications: $10,000 to place the charter amendment on the ballot.

Contact: Darryl Moore, Councilmember District 2, 981-7120 and Kriss Worthington, Councilmember District 7, 981-7170

Action: Moved, seconded, failed (Worthington / Moore; Noes – Olds, Wozniak; Abstain – Maio, Capitelli, Bates) a motion to adopt a Resolution as amended to support the introduction of state legislation permitting cities and counties to designate a voting age of 16 years or older in city or county elections and deferring amendment of the City Charter to future discussion.

26.  Department of Toxic Substance Control’s Proposal for Soil and Groundwater Contamination Cleanup at LBNL

a.   From: Councilmembers Spring and Worthington (PDF, 11 KB)

Recommendation:  Request the City Manager to: 1) prepare comments on the California Department of Toxic Substances Control’s (DTSC) proposed soil and groundwater cleanup plans for the Lawrence Berkeley National Laboratory (LBNL) to be presented orally at a public hearing on Thursday, May 26, 2005, 6:30 p.m. at the North Berkeley Senior Center; and 2) write to the DTSC requesting that they establish a Citizen Watershed Advisory Group including members of BLUE, Friends of Strawberry Creek Watershed, Urban Creeks Council, Committee to Minimize Toxic Waste, and residents living on open sections of Strawberry Creek to oversee the corrective measures implementation phase.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140 and Kriss Worthington, Councilmember District 7, 981-7170

b.   From: Community Environmental Advisory Commission (PDF, 306 KB)

Recommendation: Direct the City Manager to request that the Department of Toxic Substances Control (DTSC) sponsor a citizen’s Watershed Advisory Group (WAG) to receive communications and participate in reviewing the long-term groundwater management plans that may be developed for the Lawrence Berkeley National Laboratory (LAB) campus clean-up.

Financial Implications: Staff time.

Contact: Nabil Al-Hadithy, Secretary, 981-7461

c.       From: City Manager (PDF, 43 KB)

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

Contact: Dan Marks, Planning, 981-7400

Action: Moved, seconded, carried (Wozniak / Olds; Noes – Anderson, Spring, Worthington) a substitute motion to: 1) request the City Manager to prepare comments and make an oral presentation at the DTSC’s May 26, 2005 public hearing; 2) designate the Community Environmental Advisory Commission as the City’s DTSC liaison for funneling and monitoring community input; and 3) direct the City Manager to write state and federal legislators requesting additional funding for clean-up.

Information Reports

27.  Landmarks Preservation Commission Notice of Decision: 2724-26 Haste Street (Berkeley Piano Club, Bertha Newell House) – Landmark Designation (PDF, 5 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

28.  Addison Street Windows Gallery Annual Report (PDF, 349 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

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.

Marina Fee Increase

1.      Berkeley Marina Berthers  (Wozniak, Spring)

Playing Field Usage Survey

2.      Barbara Gilbert  (Spring)

Pension Issues

3.      Barbara Gilbert

Lawrence Berkeley National Laboratory’s (LBNL) Corrective Measures Study/Cleanup Plans

4.      Tom Kelly, Chair, Community Health Commission  (Spring)

Council Voting Tally

5.      Barbara Gilbert

Creeks Task Force

6.      Barbara Gilbert

Working Drawings of Kirk Offer – Alta Bates

7.      Julie Shearer  (Spring, Worthington)

Health and Human Services Reorganization Proposal

8.      Tom Kelly, Chair, Community Health Commission (Spring, Worthington)


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

Item 22: 1734 Bancroft Way – Appeal of Zoning Adjustments Board’s Decision

9.      J. McGee-Spaulding Historic Interest Group (MSHIG), submitted by J. Michael Edwards, Secretary (PDF, 203 KB) 

Item 26: Department of Toxic Substance Control’s Proposal for Soil and Groundwater Contamination Cleanup at LBNL

10.  Pamela Sihvola, Committee to Minimize Toxic Waste


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

Affordable Housing Week

11.  Calendar of Events, submitted by Susan Friedland, Affordable Housing Associates

La Peña Cultural Center’s 30th Anniversary Street Festival

12.  La Peña Cultural Center

Item 21: Presentation: Mosquito Abatement

13.  John R. Rusmisel, Manager, Alameda County Mosquito Abatement District

Item 26: Department of Toxic Substance Control’s Proposal for Soil and Groundwater Contamination Cleanup at LBNL

14.  Committee to Minimize Toxic Waste, submitted by Pamela Sihvola

15.  Petition with 400 signatures, submitted by Pamela Sihvola

Seagate’s Center Street Project

16.  Stephen Wollmer

Office of Emergency Services Position

17.  Howard Cook, Disaster Council; Ed Gold, Chair, Commission on Disability; Eileen Hughes, Disaster Council; Karl Reeh, Chair, Disaster Council; and Jesse Townley, Vice-Chair, Disaster Council


Adjournment

Adjourned at 10:09 p.m.