Regular Meeting eSummary
February 21
, 2006

printer friendly pdf

Printer-friendly PDF* summary: (79 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, February 21, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:05 p.m.  All present.

Ceremonial Matters:

1.      Berkeley Champions for Kids was recognized for their efforts in creating a centralized volunteer recruitment effort and an avenue for employees to donate to youth serving organizations.

City Manager Comments:

The Young Adult Project and Martin Luther King Jr. Advisory Board will be hosting an event to honor Black History Month on Saturday, February 25, 2006 at the South Berkeley Senior Center, located at 2939 Ellis Avenue from 1:00 to 4:00 p.m.

Interactive crime statistics are available on the City of Berkeley website at: www.ci.berkeley.ca.us/police.

Public Comment:  12 speakers.
 

Consent Calendar

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

1.   Minutes for Approval (PDF, 321 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of January 24, 2006 (special and regular) and January 31, 2006 (special closed).

Financial Implications: None

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

Action: Approved minutes.

2.   Lease: 6701 San Pablo Avenue (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the University of California for 8,000 square feet of space at the Marchant Building at 6701 San Pablo Avenue in Berkeley for offsite storage of City records for the period April 1, 2006 to December 31, 2006 for an amount not to exceed $25,490.

Financial Implications: General Fund - $25,489

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

Action: Adopted first reading of Ordinance. Second reading scheduled for March 7, 2006.

3.   Contract: Assessing and Strengthening the First Source Program (PDF, 176 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Neil Mayer and Associates to conduct an assessment of the First Source Program, including recommendations for program revisions and strengthening, in an amount not to exceed $28,254 for FY 2006.

Financial Implications: General Fund - $28,254

Contact: Thomas Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 63,211–N.S. (PDF, 50 KB)

4.   Mental Health Services Act Funding Request: Community Services and Supports Plan (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit the Community Services and Supports Plan to the State Department of Mental Health for funds in the amount of $1.1 million under the Mental Health Services Act; 2) accept the funding allocation, and execute any resultant revenue agreements and amendments; and 3) authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the funding allocation.

Financial Implications: See report

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

Action: Held over to the meeting of March 7, 2006 by the City Manager.

5.   Vacating Portion of Easement Ashby Avenue at 9th Street (PDF, 321 KB) (To be delivered)

From: City Manager

Recommendation: Adopt first reading of an Ordinance summarily vacating a portion of the public right-of-way located on the North East corner of Ashby Avenue and 9th Street and conveying the City’s interests in the vacated property to Affordable Housing Associates for the purpose of constructing affordable housing units.

Financial Implications: See report

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

Action: Removed from Consent by Councilmember Olds.  Discussion held.  Moved, seconded, carried (Olds/Worthington) to move to the Consent Calendar and adopt first reading of Ordinance. Second reading scheduled for March 7, 2006.

6.   Ed Roberts Campus - Support for Federal Transportation Appropriation Request (PDF, 103 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution designating the Ed Roberts Campus as the City’s first priority for funding in the FY 2007 Transportation Appropriation Act and support the request being made by the Ed Roberts Campus for a $2.5 million grant in that act.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,212–N.S. (PDF, 62 KB)

7.   Ed Roberts Campus - Support for Federal Labor, Health and Human Services, and Education Appropriations Request (PDF, 104 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution designating the Ed Roberts Campus as the City’s first priority for funding in the FY 2007 Labor, Health and Human Services, and Education Appropriations Act and support the request being made by the Ed Roberts Campus for a $2.5 million grant in that act.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 63,213–N.S. (PDF, 62 KB)

8.   Council Presentation on Community Choice Aggregation (PDF, 128 KB)

From: Councilmembers Capitelli and Olds

Recommendation: Request that the City Manager schedule and coordinate a Council Work Session for a presentation and discussion on the Community Choice Aggregation proposal that will include a discussion of the Navigant Report, its peer review, and a panel of energy experts—outside of City staff, commission members and hired consultants—to offer a variety of perspectives in response to the report.

Financial Implications: Staff time

Contact: Laurie Capitelli, Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 6, 981-7160

Action: Removed from Consent by Councilmember Worthington.  Discussion held.  Withdrawn by Councilmember Capitelli.

9.   Homeland Computers (PDF, 49 KB)

From: Councilmembers Spring and Wozniak

Recommendation: Request the City Manager report back to the Council responding to questions as to whether the City has any computers purchased with Homeland Security funds and to whether Homeland Security has any access to the City’s computer network in excess of what is available to the general public; and that any future decisions regarding accepting or using computers provided by funds from Homeland Security or links to such computers come to the City Council for approval.

Financial Implications: None

Contact: Dona Spring, Councilmember District 4, 981-7140 and Gordon Wozniak, Councilmember District 8, 981-7180

Action: Approved recommendation.

10. Raising The Tibetan Flag In Solidarity With The Tibetan People (PDF, 94 KB)

From: Councilmember Worthington

Recommendation: Allow the Tibetan flag to be raised on the city flag pole on March 10, 2006 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day and have a ceremonial presentation on March 7, 2006.

Financial Implications: None.

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

Action: Approved recommendation.

11. Removal of Psychedelic Striping and Surplus Motorcycle Parking on Telegraph Ave, between Parker Street and the Oakland Border (PDF, 63 KB)

From: Councilmember Worthington

Recommendation:  Refer to the Transportation Commission and the City Manager the feasibility of corrective action to the unintended consequences of a recent Telegraph Avenue street project.

Financial Implications: None

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

Action: Approved recommendation.

12. Support for CA Assembly Constitutional Amendment 28: Establishment of a California Citizens Assembly (PDF, 353 KB)

From: Councilmember Worthington

Recommendation: Support the concept of a California Citizens Assembly, as proposed currently by Assemblymembers Joe Canciamilla (D-Pittsburg) and Keith Richman (R-Northridge) in ACA 28.

Financial Implications: None

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

Action: Approved recommendation.

13. Support of the 2006 Class Pass Referendum (PDF, 67 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution in support of the 2006 Class Pass Referendum to be before the students at the University of California, Berkeley, on February 21-23, 2006.

Financial Implications: None

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

Action: Adopted Resolution No. 63,214–N.S. (PDF, 73 KB)

Action Calendar – Appeals

14. ZAB Appeal: 1616 Delaware Street - Administrative Use Permit 05-20000019

a.      From: City Manager (PDF, 11 MB)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board’s decision to deny an appeal of Administrative Use Permit 05-20000019 to convert approximately 324 square feet of attic space to habitable space, build a new stair, construct a dormer providing approximately 30 square feet of floor area, and lower the height of an existing interior attic wall.

Financial Implications: None

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

b.      Appeal:

1.      Merrilie Mitchell (PDF, 255 KB)

c.       Communications:

1.      Merrilie Mitchell (PDF, 163 KB)

Action: Moved, seconded, carried (Wozniak/Capitelli; Noes – Olds; Absent – Maio) to adopt Resolution No. 63,215–N.S. (PDF, 408 KB) affirming the Zoning Adjustments Board’s decision to deny an appeal of Administrative Use Permit 05-20000019 to convert approximately 324 square feet of attic space to habitable space, build a new stair, construct a dormer providing approximately 30 square feet of floor area, and lower the height of an existing interior attic wall.

 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 – Public Hearing

15. ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors) (Held over from February 7, 2006)

a.      From: City Manager  (PDF, 40 KB) (February 21, 2006)

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Contact: Dan Marks, Planning, 981-7400

b.      From: City Attorney (PDF, 142 KB) (February 7, 2006)

Recommendation: Continue the public hearing opened on January 24, 2006 to February 21, 2006 to enable it to be properly noticed.

Contact: Manuela Albuquerque, City Attorney, 981-6950

c.       From: City Manager (PDF, 28 MB) (January 24, 2006)

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

d.      Appeal:

1.      David Bryden (PDF, 982 KB)

e.      Communications (February 7, 2006)

1.      Richard King (PDF, 58 KB)

f.        Supplemental Reports and Communications #1 (PDF, 441 KB) (January 24, 2006 - Numbering follows original sequence)

10.  Edith Carrigan-Rivas Plata

11.  Richard King

12.  Stefanie V. Head

13.  The Greenan Family

14.  Harlan N. Head

15.  Ryan Bell and Brittni Milam

g.      Supplemental Reports and Communications #2 (January 24, 2006 - Numbering follows original sequence)

22.  California Department of Alcoholic Beverage Control License Query System Summary, submitted by Code Enforcement (PDF, 163 KB)

Public Testimony: Councilmember Moore announced he was recusing himself due to his partner’s ownership of a property adjacent to Dwight Way Liquors. The Mayor opened the public hearing. Four speakers.  Moved, seconded, carried (Anderson/Maio) to close the public hearing.

Action: Moved, seconded, carried (Capitelli/Anderson; Absent – Moore) to declare the existence of a public nuisance, revoke the use for Dwight Way Liquors, direct the City Attorney to present findings to Council on March 7, 2006, and that fines be assessed for any violation of the use revocation that occur between now and the time the City Attorney presents findings.

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 – Public Hearing – Fees

16. Fees: Camps Programs (PDF, 353 KB) (To be delivered)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases for Tuolumne Family Camp for the October 1, 2006 through September 30, 2007 camping season, and Echo Lake Camp and Berkeley Day Camp for the two-year period March 1, 2006 to February 28, 2008, and rescinding Resolution No. 62,489–N.S.

Financial Implications: See report

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

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

Action: Moved, seconded, carried (Moore/Maio) to adopt Resolution No. 63,216–N.S. (PDF, 235 KB)

17. Fee Increase: Oxford Parking Lot Evening Flat Rate (PDF, 148 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution increasing the evening flat rate fee at the Oxford Parking Lot from $2.00 to $5.00, effective March 6, 2006. 

Financial Implications: Revenue - $123,000

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

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

Action: Moved, seconded, carried (Wozniak/Olds; Noes – Worthington) to adopt Resolution No. 63,217–N.S. (PDF, 40 KB) as amended by Councilmember Wozniak to raise the evening flat rate to $4.00 and revisit the rate structure after the Brower Center opens. 

Action Calendar – Old Business

18. Landmarks Preservation Ordinance (PDF, 40 KB) (Held over from February 14, 2006)

From: City Manager

Recommendation: Continue the public hearing to March 7, 2006.

Financial Implications: None.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved to Consent by the Councilmember Maio. Approved recommendation.

Action Calendar – New Business

19. Zoning Ordinance Amendments for Demolition and Dwelling Unit Controls (PDF, 750 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Title 23, Chapter 23C.08, of the Berkeley Municipal Code (BMC) correcting typographic errors, amending section titles, and restoring requirements relevant to accessory dwelling units.

Financial Implications: None

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

Action: Moved, seconded, carried (Maio/Moore; Noes – Spring, Worthington) to adopt first reading of Ordinance. Second reading scheduled for March 7, 2006.

20. Zoning Ordinance Amendments for Teaching-related Home Occupation Permits (PDF, 1 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code (BMC) to allow teaching-related home occupations by issuance of an Administrative Use Permit (AUP), and direct staff to return with a fee schedule for adoption in July 2006 that includes an AUP fee of $100 for teaching-related home occupations.

Financial Implications: See report

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

Action: Moved to Consent by Councilmember Wozniak.  Adopted first reading of Ordinance. Second reading scheduled for March 7, 2006.

21. June Ballot Measure: Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV Election in Berkeley in November 2006 (PDF, 92 KB)

From: Councilmember Worthington

Recommendation: Request the City Manager to prepare ballot title and designation for a June ballot measure that clarifies the intent of Measure I, and addresses possible technical objections to implementation of IRV in November 2006.

Financial Implications: Minimal cost of $9,000 to place it on the June primary ballot; but also possibly saving the cost of conducting one or more run-off elections in November.

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

Action: Discussion held.  Withdrawn by Councilmember Worthington.

22. Downtown Area Plan Advisory Committee

a.      From: Downtown Area Plan Advisory Committee (PDF, 1 MB) (To be delivered)

Recommendation:  Adopt a Resolution amending Resolution No. 63,069-N.S. to allow the University of California, Berkeley, to appoint three non-voting representatives to serve on the DAPAC in an ex officio capacity to participate in DAPAC discussions.  In selecting its representatives, the City Council requests that the University appoint senior faculty in the areas of urban design, architecture, planning and/or landscape architecture, and/or administrators with direct involvement with policies and decisions regarding physical environment.

Financial Implications: See report

Contact: Dan Marks, Planning, 981-7400

b.      From: Councilmember Worthington (PDF, 370 KB)

Recommendation: Invite the University of California, Berkeley to appoint three representatives to serve on the DAPAC in an ex officio capacity and consider amendments to the recommendation concerning reciprocity and representation issues in the appointment of ex officio members to the planning process.

Financial Implications: None

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

Action: Moved, seconded, failed (Spring/Worthington; Noes – Maio, Moore, Capitelli, Olds, Wozniak, Bates; Abstain – Anderson) a substitute motion amending Resolution No. 63,069–N.S. to: 1) adopt a resolution to allow the University of California, Berkeley, to appoint three non-voting representatives to serve on the DAPAC in an ex officio capacity to participate in DAPAC discussions; and, 2) invite the University of California, Berkeley to appoint its three representatives from administrators, union employees and students to serve in this ex officio capacity; and, 3) as a matter of reciprocity and representation, ask the University to also allow ex officio City representatives to meet with the University’s internal planning committees.

Moved, seconded, carried (Wozniak/Olds) a main motion to adopt Resolution No. 63,218–N.S. (PDF, 57 KB) amending Resolution No. 63,069–N.S. to: 1) allow the University of California, Berkeley, to appoint three non-voting representatives to serve on the DAPAC in an ex officio capacity to participate in DAPAC discussions; and, 2) request the University, in selecting it representatives, to appoint senior faculty in the areas of urban design, architecture, planning and/or landscape architecture, and/or administrators with direct involvement with policies and decisions regarding physical environment. 

Information Reports

23. Quarterly Report: Status of Crime in Berkeley and Community Crime View (PDF, 398 KB)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action: Moved to Action by Mayor Bates.  Presentation made. The Mayor requested on a quarterly basis that a report on crime statistics be brought back to Council for discussion.

 

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.

Transfer Tax for Sewer Lateral Repair

1.      Barbara Gilbert

CA Public Records Act Request: Copies of Speaker Cards for Council and BOLT Meetings  (Spring)

2.      Jane Welford, SuperBOLD (Spring)

Energy Development  (Maio)

3.      Mary Ana Clegg

Cancer Risk for Mobile Phone Users

4.      Peter Teichner

Alta Bates Construction Plans

5.      Julie Gordon Shearer

Local 535’s Library Grievance and Retaliation Report  (Spring, Worthington)

6.      Anes Lewis-Partridge, Service Employees International Union Local 535

Wireless Professional Development Seminar

7.      Barbara Gilbert

Budget Progress

8.      Barbara Gilbert

Instant Runoff Voting and Electoral Issues

9.      Barbara Gilbert

10.  Sharon Hudson

Creeks Ordinance

11.  Todd Jersey

12.  Kate Thompson

13.  Jack Coates

14.  Alan Gould

15.  Laurel Collins

16.  Paul Krahenbuhl and Patricia Boyar

17.  David and Hannah Rose

18.  Betsy Wanner Bikle

19.  Diane Tokugawa

Public Safety Policies

20.  Sam Herbert

21.  Don Link

Hazardous Waste Drop-Off

22.  Wlater Wood

23.  Sasha Futran

24.  Carolyn Sell

Derby Street Closure/East Campus Playing Fields

25.  Miriam Walden

Kragen Project

26.  Dea Lee Harrison

RFID in the Library

27.  Wendy Markel

 

Supplemental Reports and Communications 1

To Be Delivered Item 5: Vacating Portion of Easement Ashby Avenue at 9th Street

28.  Report, submitted by Public Works Department (PDF, 321 KB)

Item 15: ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors)  (Moore)

29.  Edith and Victor Rivasplata (PDF, 76 KB)

To Be Delivered Item 16: Fees: Camps Programs

30.  Report, submitted by Parks, Recreation & Waterfront Department (PDF, 353 KB)

To Be Delivered Item 22: Downtown Area Plan Advisory Committee

31.  Report, submitted by Downtown Area Plan Advisory Committee (PDF, 1 MB)

 

Supplemental Reports and Communications 2

Item 11: Removal of Psychedelic Striping and Surplus Motorcycle Parking on Telegraph Ave, between Parker Street and the Oakland Border

32.  Revised report, submitted by Councilmember Worthington (PDF, 74 KB)

Item 14: ZAB Appeal: 1616 Delaware Street - Administrative Use Permit 05-20000019

33.  Merrilie Mitchell (3) (PDF, 310 KB)

Item 15: ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors) ~ Supplement 2 Files  (PDF, 81 KB)

34.  Robert Baum, Blake and California Neighborhood Association

35.  Marie Bowman, BANA

  

Adjournment

Adjourned at 11:08 p.m.