Regular Meeting eSummary
January 17
, 2006

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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: 

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Summary

BERKELEY CITY COUNCIL MEETING

Tuesday, January 17, 2006

7:00 P.M.

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

 

Preliminary Matters

Roll Call:  7:01 p.m.  All present.

Ceremonial Matters:

1.      Proclamation presented to the American Red Cross in recognition of National Volunteer Blood Donor Month.

City Manager Comments:

1.      On Saturday, February 4, 2006 there will be a celebration of African-American history at the Francis Albrier Community Center located at San Pablo Park.

2.      The City is honoring Dr. Martin Luther King, Jr. this month by exhibiting memorabilia and a video of his life on the first floor of the Civic Center, 2180 Milvia Street.

Public Comment:  11 speakers.

Youth Comments:  No speakers.
 

Consent Calendar

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

1.      Minutes for Approval (PDF, 511 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of November 15, 2005 (regular), November 29, 2005 (special and regular), December 6, 2005 (special and regular,) and December 13, 2005 (special and regular).

Financial Implications: None

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

Action: Approved minutes.

2.      Amendments to Commission Enabling Legislation (PDF, 224 KB)

From: City Manager

Recommendation: Adopt amendments to thirteen ordinances and eight resolutions to harmonize existing commission enabling legislation with Council's adoption of a June 14, 2005 meeting reduction plan, achieve consistency between related ordinances and resolutions with BMC Section 3.03.020 and adopt a resolution adopting a commission meeting frequency schedule for 2006 and every year thereafter.

Financial Implications: No significant impacts.

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

Action: Adopted first reading of thirteen Ordinances. Second readings scheduled for January 24, 2006.  Adopted Resolution Nos. 63,167–N.S. (PDF, 67 KB), 63,168–N.S. (PDF, 44 KB), 63,169–N.S. (PDF, 79 KB), 63,170–N.S. (PDF, 44 KB), 63,171–N.S. (PDF, 45 KB), 63,172–N.S. (PDF, 71 KB), 63,173–N.S. (PDF, 50 KB), and 63,174–N.S. (PDF, 45 KB)  Adopted Resolution No. 63,175–N.S. (PDF, 78 KB) as amended by Councilmember Anderson to move the Community Health Commission from Category B to Category A of the Commission Meeting Frequency Schedule (Noes – Worthington).

3.      Contract: Hearings of Appeals to Police Review Commission Sustained Decisions (PDF, 98 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the State of California, Office of Administrative Hearings, increasing the contract amount by $15,000 for a new total not to exceed $40,000 with a termination date of June 30, 2006 for the purpose of hearing appeals to Police Review Commission (PRC) sustained findings.

Financial Implications: General Fund - $15,000

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Adopted Resolution No. 63,176–N.S. (PDF, 47 KB)

4.      Formal Bid Solicitations and Requests for Proposals (PDF, 181 KB)

From: City Manager

Recommendation: Approve the attached requests for proposals that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various Funds - $692,000

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

5.      Consolidation of Disaster Council and Fire Safety Commission (PDF, 168 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Chapter 2.88 of the Berkeley Municipal Code to include the consolidation of the Disaster Council and Fire Safety Commission and adopt a Resolution rescinding Resolution No. 58,981–N.S. in its entirety.

Financial Implications: See report

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

Action: Adopted first reading of Ordinance. Second reading scheduled for January 24, 2006. Adopted Resolution No. 63,177–N.S. (PDF, 31 KB)

6.      Amendment: Unrepresented Employee Manual (PDF, 153 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 60,777–N.S (Unrepresented Employee Manual) to provide a 5 percent differential to unrepresented temporary employees assigned to work in Mental Health Programs who are in direct contact with clinic patients.

Financial Implications: Mental Health Fund - $1,257

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,178–N.S. (PDF, 49 KB)

7.      Administrative Error Affecting Two Resolutions Concerning Health Plan Rate Increases (PDF, 138 KB)

From: City Manager

Recommendation: Adopt two Resolutions correcting an administrative error and rescinding Resolution No. 62,751–N.S. and Resolution No. 62,752-N.S.

Financial Implications: None

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution Nos. 63,179–N.S. (PDF, 26 KB) and 63,180–N.S. (PDF, 33 KB)

8.      Classification: Emergency Medical Services Advisor (PDF, 500 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to add the classification and salary range of Emergency Medical Services Advisor effective February 1, 2006.

Financial Implications: Paramedic Assessment Fund - $53,190

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Removed from Consent by Councilmember Wozniak.  Adopted Resolution No. 63,181–N.S. (PDF, 110 KB)

9.      Mills Act Contract with Owners of 1512 La Loma  (PDF, 254 KB)

From: City Manager

Recommendation: Adopt a Resolution to execute a Mills Act contract and any amendments with Mark and Freya Read for the restoration of historic property at 1512 La Loma in order to obtain property tax reduction for a period of ten years.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Action: Adopted Resolution No. 63,182–N.S. (PDF, 40 KB)

10.  Contract: Consultant Services for Work Management Needs Analysis (PDF, 147 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Weston Solutions, Inc. for consulting services for a work management needs analysis and increasing the contract amount by $13,200 for a total not to exceed $53,200 for a seven month period to end June 30, 2006.

Financial Implications: Sanitary Sewer Fund - $40,000; General Fund - $13,200

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,183–N.S. (PDF, 49 KB)

11.  Goals and Opportunities for 2006 (PDF, 109 KB)

From: Mayor Bates

Recommendation: Set aside 20 minutes for the Mayor to make comments on the challenges and opportunities facing the City at the Council Work Session on February 7, 2006.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

12.  Support Assembly Bill 583 (PDF, 138 KB)

From: Mayor Bates and Councilmember Maio

Recommendation: Adopt a Resolution in support of Assembly Bill 583 (AB583), Hancock, the California Clean Money and Fair Elections Act of 2006.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,184–N.S. (PDF, 83 KB)

13.  Support “Plug-In Berkeley” Campaign (PDF, 641 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution which: 1) supports the effort to create a viable market for “plug-in” hybrid electric vehicles (PHEVs); 2) supports policy initiatives at all levels of government that encourage the use of PHEVs; 3) encourages the City to strongly consider the purchase of PHEVs when they become available; and 4) directs the City Manager to report to the Plug-In Hybrid campaign the possible number of PHEVs the City may be interested in purchasing in the future.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,185–N.S. (PDF, 52 KB)

14.  Council Certification Affirming Zoning Adjustments Board Approval of Use Permit Modification No. 05-70000040 for 2700 San Pablo Avenue (PDF, 80 KB) (PDF, 80 KB)

From: Councilmembers Moore and Maio and Mayor Bates

Recommendation: Adopt a Resolution certifying the Zoning Adjustment Board’s (ZAB) approval of Use Permit Modification No.05-70000040 (modifying UP No.’s 04-70000039 and 01-10000102) per section 23B.32.090 of the Zoning Ordinance and affirming the ZAB’s upholding of the project’s Final Design Review approval.

Financial Implications: None

Contact: Darryl Moore, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110; Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,186–N.S. (PDF, 42 KB)

15.  Drayage Fines for Live/Work Space in West Berkeley (PDF, 77 KB)

From: Councilmember Moore

Recommendation: Request the City Manager to set aside, in an earmarked account, monies collected from fines for noncompliance with Notice and Order declaring the property at 651 Addison Street and 2020-2060 Third Street (the Drayage building) a Fire Hazard, Unsafe Building and Public Nuisance.  These earmarked funds would be used for a planning process for additional live/work space in West Berkeley.

Financial Implications: None

Contact: Darryl Moore, Councilmember District 2, 981-7120

Action: Withdrawn by Councilmember Moore.

16.  Holocaust Remembrance (PDF, 230 KB)

From: Councilmember Worthington

Recommendation:  Adopt a proclamation in observance of the United Nations’ Holocaust Remembrance Day on January 27, 2006 for presentation at its January 24th regular meeting and denounce the remarks by Iranian President Mahmoud Ahmadinejad, denying the Holocaust.

Financial Implications: None

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

Action: Approved proclamation.

17.  Preservation of Glen Cove Sacred Grounds (PDF, 63 KB)

From: Councilmember Worthington

Recommendation:  Support the Vallejo Inter-Tribal Council in urging the City of Vallejo to protect and preserve the Glen Cove Sacred Grounds.

Financial Implications: None

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

Action: Approved recommendation.

18.  Proclamation in Celebration of East Bay Housing Organizations’ 10 Year Anniversary (PDF, 87 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation in Celebration of East Bay Housing Organizations’ (EBHO) 10 Year Anniversary.

Financial Implications: None

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

Action: Approved scheduling of proclamation.

19.  Support H.R. 635, 636, 637: Censure and Investigation of the Bush Administration (PDF, 126 KB)

From: Councilmember Worthington

Recommendation: Support House Resolutions calling for the censure of President Bush and Vice President Cheney for withholding evidence from Congress (H.R. 636 and H.R. 637); and calling for the creation of a committee to investigate the Administration’s domestic wiretapping, encouraging and countenancing torture, intent to go to war, and retaliating against critics; and to make recommendations regarding grounds for possible impeachment (H.R. 635).

Financial Implications: None

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

Action: Approved recommendation.

Action Calendar – Appeals

20.  ZAB Appeal: 1617 Seventh Street - Administrative Use Permit #04-20000158 (PDF, 165 KB)

From: City Manager

Recommendation: Adopt a Resolution remanding Administrative Use Permit 04-20000158 to the Zoning Adjustments Board (ZAB) to consider the condition requiring preservation of a rear yard tree at 1617 Seventh Street and all issues agreed upon by the parties in mediation and rescinding Resolution No. 63,111–N.S.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved to Consent by Councilmember Moore. Adopted Resolution No. 63,187–N.S. (PDF, 105 KB) remanding Administrative Use Permit 04-20000158 to the ZAB to consider the condition requiring preservation of a rear yard tree at 1617 Seventh Street and all issues agreed upon by the parties in mediation and rescinding Resolution No. 63,111–N.S.

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.  Sidewalk Vending of Arts and Crafts, and Flowers (PDF, 218 KB) (Held over as amended from December 13, 2005)

From: City Manager

Recommendation: Adopt first reading of one of two alternative versions of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48 regulating Sidewalk Vending of Arts and Crafts, and Flowers, on Sidewalks and Rights-of-Way, which defines specific flower vendor requirements, along with those for arts and crafts vendors, and establishes sidewalk vending fees by Council Resolution:

1.      Option 1, which adds a restriction, in Section 9.48.070, that flower vendors shall not be permitted within 300 feet of any florist operating from a fixed location, and grandfathers existing sidewalk flower vendors;

2.      Option 2, as originally recommended to Council on December 13, 2005 to adopt first reading of an ordinance repealing and reenacting Chapter 9.48 of the Berkeley Municipal Code regulating Sidewalk Vending of Arts and Crafts, and Flowers, on Sidewalks and Rights-of-Way; and

adopt a Resolution, concurrent with the effective date of the Ordinance, establishing permit and identification card fees for sidewalk vending at the current rates, which were set by Ordinance No. 6,112–N.S. on January 1, 1993.

Financial Implications: None

Contact: Fran David, Finance, 981-7300

Action: Moved to Consent by Councilmember Worthington.  Adopted first reading of Ordinance Option One and Resolution No. 63,188–N.S. (PDF, 26 KB)  Second reading of Ordinance scheduled for January 24, 2005.

Action Calendar – New Business

22. Standards for Care of Dogs Kept Outdoors

a.  From: Citizens Humane Commission (PDF, 81 KB) (First Reading December 13, 2005 – Unanimous)

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep their dogs outdoors. This includes shelter, water, feeding and confinement.

Financial Implications: None

Contact: Kate O’Conner, Secretary, 981-6601

b.     From Councilmember Spring (PDF, 59 KB) (January 17, 2006)

Recommendation: Adopt first reading of an amended ordinance adding to the Berkeley Municipal Code Section 10.04.140 specifying requirements for minimum care for guardians/owners who keep their dogs outdoors.

Financial Implications: None

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

Action:  Moved, seconded, carried (Spring/Worthington) to hold over to January 24, 2006 to allow Councilmember Spring to consult with the City Attorney.

23.  Cell Phone Base Antennas (PDF, 137 KB)

From: City Manager

Recommendation: Re-state that federal law preempts the Community Health Commission’s recommendation, and defer any other action pending a report due May 2006 from the Health Officer to the City Council on radio frequency (RF) exposures.

Financial Implications: None

Contact: Fred Medrano, Health and Human Services, 981-510

Action: Moved, seconded, carried (Anderson/Maio) to hold over to January 24, 2006 to allow Council more time to review the City Manager’s Report and the Community Health Commission Report.

24.  Amending the Coast Live Oak Moratorium Ordinance (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Coast Live Oak Moratorium Ordinance to add the following:  1) any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited; and 2) excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

Financial Implications: None

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

Action: Held over to January 24, 2006 by the City Manager.

25.  Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance (PDF, 821 KB) (To be delivered)

From: City Manager

Recommendation: Adopt the revised Land Use Policy Planning Work Program for January 1, 2006 through June 30, 2006 as recommended by the Planning Commission.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved, seconded, carried (Maio/Capitelli) to adopt the Planning Commission’s proposed work plan recommendation for the balance of the fiscal year to address by right-additions; options for Clifbar retention; proposed transportation services fee; and, close the 4+4 “inclusionary loophole” and to defer the General Plan review and implementation and the Gilman/Ashby Corridor Land Use Analysis.

Information Reports

26.  Condominium Conversion Workshop Rescheduled (PDF, 125 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action: Received and filed.

27.  Quarterly Report on Employee Safety and Workers’ Compensation (PDF, 269 KB) (CF07-04)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Received and filed.

28.  Unrepresented Temporary Employees (PDF, 145 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Received and filed.

29.  Landmarks Preservation Commission Notice of Decision – Landmark Designation: 2701-21 Eighth Street and 934 Carleton Street (PDF, 7 MB)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action: Received and filed.

30.  Landmarks Preservation Commission Notice of Decision: 2105 Fifth Street - Approval of Structural Alteration (PDF, 526 KB)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action: Received and filed.

31.  Landmarks Preservation Commission NOD: 2201-2005 Blake Street - Landmark Designation (12-05-05) (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action: Received and filed.

32.  Request for Zoning Fee Waiver - 90 Bolivar Drive (PDF, 231 KB)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

Action: Received and filed.

33.  Status of Proposed Roundabouts for Gilman Interchange (PDF, 485 KB) (CF 141-00)

From: City Manager

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Moved to Action by Councilmember Maio for discussion.  Received and filed.

34.  Update on Established Utility Underground Districts (Rule 20A) (PDF, 198 KB)

From: City Manager

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Received and filed.

35.  Schedule for Landmarks Preservation Ordinance Discussions (PDF, 104 KB) Preservation Ordinance Discussions (PDF, 104 KB)

From: Mayor Bates

Contact: Tom Bates, Mayor, 981-7100

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. All communications submitted to Council are public record.

Landmarks Preservation Ordinance

1.      Gale Garcia

Berkeley Commission on Labor

2.      Barbara Gilbert

RFID in the Berkeley Public Library

3.      Peter Teichner

Problem Properties – Two Companies on One Industrial Parcel

4.      Gilman Street Business and Community Awareness Alliance

Derby Street Field

5.      Jay S. Cohen

Draft EIR Comments – Bevatron Demolition at LBNL

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

Issues in Undergrounding Utilities

7.      Barbara Gilbert

Smart Growth

8.      Barbara Gilbert

Housing Development

9.      Sam Herbert

Ashby BART West Lot

10.  Robin Wright

Berkeley’s Parking Revenues

11.  Barbara Gilbert

Crime Rate

12.  Charles Tart

13.  Chief Douglas Hambleton, Berkeley Police Department

Train Noise

14.  Mark Gilbert

Missed Refuse Pickups and Unfriendly Refuse Policies

15.  Barbara Gilbert

Police Investigations and Accident Analysis

16.  Charles Smith (2)

Pro Bono by Attorneys

17.  Charles Smith

Low-flying Jets

18.  Jason Meggs

Density and Livability

19.  Barbara Gilbert

Development Impact Fees

20.  Barbara Gilbert      (Spring)

Pension Issues

21.  Barbara Gilbert

Katrina Relief

22.  Mayor Bates

West Berkeley Plan Re-evaluation

23.  David Early, Livable Berkeley

By Right Residential Additions

24.  Alan and Aleyda Swain (2)

25.  Carol Buckles Pujol

26.  Pauline Bondonno Cross and Jerry Cross

27.  Seth Fleisher and Emily Baldwin

28.  Stanley Keleman

29.  Ellen Yamamoto

30.  Dana H. Tillson

31.  David Silverman

32.  Leslie Lukesh

33.  Sara Brown

34.  Dan Ortega

35.  Chris Bailey

36.  Cate Leger, Leger Wanaselja Architecure

37.  William Pettus

38.  Christine Staples

39.  Jan Papps

40.  Thomas and Candace Simonen

41.  Mark Yampanis

42.  John Patrick

Oxford Plaza/David Brower Center Project

43.  Carolyn Bookhart

Zoning Ordinance Updates

44.  Barbara Gilbert

Report of Forcible Entry and Theft at 17 El Camino

45.  Michael Spolan      (Wozniak)

Demographic analysis and GIS mapping Workshop Announcement

46.  Barbara Gilbert

Arcata City Council Passes Impeachment Resolution

47.  Kathleen Roberts

 

Supplemental Reports and Communications 1 (PDF, 4 KB)

Item 9: Mills Act Contract with Owners of 1512 La Loma

48.  Revised report, submitted by Planning and Development (PDF, 269 KB)

Item 23: Cell Phone Base Antennas

49.  Commission report, submitted by Community Health Commission (PDF, 174 KB)

50.  Peter Teichner

Item 25: Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance

51.  Emily and Bob Warden

52.  Zachary Rymland

53.  Patricia Spear

54.  Sahoko Tamagawa

55.  Geoffrey Holton      (Moore)

56.  Ed Valenzuela and Gary Walker      (Moore)

57.  Katie Mckee

58.  Margaret Norman      (Moore)

59.  Jonathan Arms and Amy Dominguez-Arms

60.  Rondi Gilbert-Mauldon      (Moore)

61.  Troy Kaji and Marguerita Fa-Kaji

62.  Dan Ezekiel and Deborah Silver-Ezekiel

63.  Lyn Alhorn

64.  Jennifer Lombardi

65.  Petition with 21 signatures, submitted by Susan Oxtoby

66.  Susan Oxtoby

 

Supplemental Reports and Communications 2 (PDF, 4 KB)

To Be Delivered Item 25: Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance

67.  Report, submitted by Planning and Development (PDF, 821 KB)

 

Adjournment

Adjourned at 8:41 p.m. in honor of Martin Luther King Jr., Lillian Rabinowitz, Hendrick Blum and Alberto Salvador Villareal.