Regular Meeting eSummary
March 7
, 2006

printer friendly pdf

Printer-friendly PDF* summary: (122 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 7, 2006

7:00 P.M.

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

 

Preliminary Matters

Roll Call:  7:17 p.m.  All present.

Ceremonial Matters:

1.      Proclamation presented to Rita Maran, Vice-president, United Nations Association-USA East Bay Chapter in recognition of International Women’s Day

2.      Proclamation presented to Sherry Smith on behalf of the Bay Area League of Women Voters in recognition of Open Government Sunshine Week

3.      Raising The Tibetan Flag In Solidarity With The Tibetan People

City Manager Comments: None.

Public Comment:  12 speakers.

Youth Comments:  Four speakers.
 

Consent Calendar

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

1.      Lease: 6701 San Pablo Avenue (PDF, 2 MB) (First Reading February 21, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second 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 Ordinance No. 6,906–N.S. (PDF, 2 MB) Effective April 6, 2006.

2.      Vacating Portion of Easement at Ashby Avenue at 9th Street (PDF, 411 KB) (First Reading February 21, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second 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: Adopted Ordinance No. 6,907–N.S. (PDF, 347 KB) Effective April 6, 2006.

3.      Zoning Ordinance Amendments for Demolition and Dwelling Unit Controls (PDF, 13 KB) (First Reading February 21, 2006. Noes – Spring and Worthington)

From: City Manager

Recommendation: Adopt second 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: Adopted Ordinance No. 6,908–N.S. (PDF, 70 KB) Effective April 6, 2006. (Noes – Spring, Worthington)

4.      Zoning Ordinance Amendments for Teaching-related Home Occupation Permits (PDF, 37 KB) (First Reading February 21, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code to allow teaching-related home occupations by issuance of an Administrative Use Permit.

Financial Implications: See report

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

Action: Adopted Ordinance No. 6,909–N.S. (PDF, 457 KB) Effective April 6, 2006.

5.      Minutes for Approval (PDF, 389 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of February 6, 2006 (special closed), February 7, 2006 (special and regular), and February 14, 2006 (special).

Financial Implications: None

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

Action: Approved minutes.

6.      Formal Bid Solicitations and Requests for Proposals (PDF, 212 KB)

From: City Manager

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

Financial Implications: Various Funds - $1,980,000

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

7.      Contract: Americorps Interns (PDF, 115 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the California Family Health Council for the purposes of placing Americorps/Community HealthCorps Members at the Berkeley High School Health Center to provide health education and mental health services for the period September 12, 2005 through September 11, 2006 in an amount not to exceed $28,000.

Financial Implications: General Fund, State Grants Fund, and Health Clinic Services Fund - $28,000

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

Action: Adopted Resolution No. 63,219–N.S. (PDF, 52 KB)

8.      Contract: Laboratory Services (PDF, 114 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the State of California Department of Health Services Microbial Disease Laboratory for laboratory tests for diseases of public health significance for the period July 1, 2005 to June 30, 2006 in the amount of $286,878.

Financial Implications: General Fund and Health Fund - $286,878

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

Action: Adopted Resolution No. 63,220–N.S. (PDF, 56 KB)

9.      Contract: X-ray and Laboratory Services (PDF, 116 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Alta Bates Summit Medical Center for essential laboratory services to increase the contract amount by $20,000 for a total contract amount not to exceed $100,000, and to extend the term to June 30, 2006.

Financial Implications: General Fund - $16,000; Health Fund - $4,000

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

Action: Adopted Resolution No. 63,221–N.S. (PDF, 70 KB)

10.  Mental Health Services Act Funding Request: Community Services and Supports Plan (PDF, 10 MB)

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: Adopted Resolution No. 63,222–N.S. (PDF, 83 KB) as amended.

11.  Contract: Lighting Efficiency at 1947 Center Street (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution ratifying the City Manager’s execution of a contract for lighting efficiency improvements at 1947 Center Street with Nu Tek Lighting Solutions, Inc. in an amount not to exceed $50,000 for the period February 6, 2006 through March 30, 2006.

Financial Implications: General Fund - $50,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,223–N.S. (PDF, 53 KB)

12.  Contract: EBRPD Cooperative Funding Agreement for Gilman Street Playing Fields (PDF, 361 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the cooperative funding agreement with the East Bay Regional Park District to receive an additional $2 million in state grant funds to construct the Gilman Street Playing Fields project, and amend the FY 2006 budget appropriation for the Parks Recreation & Waterfront Department to add $2 million in grant revenue. 

Financial Implications: 2000 Bond Act/Proposition 12 Fund - $2 Million Revenue

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

Action: Adopted Resolution No. 63,224–N.S. (PDF, 223 KB)

13.  Grant: Workforce Housing Reward Program (PDF, 177 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California, Department of Housing and Community Development for funds in the approximate amount of $190,000 in FY 2005-2006 for the South Branch Library, Martin Luther King Jr. Youth Services Center, City swimming pools, Live Oak Park, San Pablo Park, and Greg Brown Park; to accept the grant; and to execute the resultant revenue agreement and any amendments thereto.

Financial Implications: Job Housing Balance Grant - $190,000 Grant Revenue

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

Action: Adopted Resolution No. 63,225–N.S. (PDF, 68 KB)

14.  Contract: Public Safety Building Janitorial Services (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to extend the contract with Universal Building Services for two additional one-year periods to provide janitorial services at the Public Safety Building in an amount not to exceed $129,464 each year for FY 2007 and FY 2008.

Financial Implications: Building Maintenance Fund - $129,464

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

Action: Withdrawn by the City Manager.

15.  Contract: Sanitary Sewer Project (PDF, 629 KB)

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at LeRoy Avenue, Cornell Avenue, Curtis Street, Belvedere Avenue, Chestnut Street, Gilman Street, Marin Avenue, Sacramento Street and Lincoln Street backlines; accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $654,116 for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund - $654,116

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

Action: Adopted Resolution No. 63,226–N.S. (PDF, 66 KB)

16.  Purchase Order: Uniform Rental and Laundry Services (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to provide monthly uniform rental and laundry services to the Public Works Department, Solid Waste Management Division via purchase order number 057441 in an amount not to exceed $42,343 for the FY 2006.

Financial Implications: Refuse Fund - $42,343

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,227–N.S. (PDF, 31 KB)

17.  Purchase Order: Vehicle Replacement – Hybrid Vehicles (PDF, 359 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Toyota 101 in an amount not to exceed $189,578 to purchase seven 2006 Toyota Prius Hybrid vehicles for the City of Berkeley fleet; and rescinding Resolution No. 63,097–N.S.

Financial Implications: Equipment Replacement Fund - $189,578

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

Action: Adopted Resolution No. 63,228–N.S. (PDF, 46 KB)

18.  Purchase Order: Vehicle Replacement - Street Sweepers (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Municipal Maintenance Equipment Inc. in an amount not to exceed $424,950 to purchase two new Compressed Natural Gas powered regenerative air street sweepers for the City of Berkeley fleet.

Financial Implications: Equipment Replacement Fund - $424,950

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

Action: Adopted Resolution No. 63,229–N.S. (PDF, 47 KB)

19.  Renaming Sather Gate Garage “Telegraph Area Garage” (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution renaming the Sather Gate Garage, “Telegraph Area Garage.”

Financial Implications: Off Street Parking Fund - $2,000

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

Action: Removed from Consent by Councilmember Worthington.  Held over to March 21, 2006 by Councilmember Worthington.

20.  Set Council Work Sessions on Infrastructure Needs (PDF, 21 KB)

From: Mayor Bates

Recommendation: Direct the City Manager to set a series of work sessions on the City’s infrastructure needs and work with the Council to develop a strategy for meeting those needs.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

21.  Mini-grant Program for Parks, Gardens and Creeks (PDF, 131 KB)

From: Councilmembers Maio and Wozniak

Recommendation:  That the re-establishment of a mini-grants program to improve parks, gardens, creeks, paths, and related projects be referred to the budget process as a one-time expenditure.

Financial Implications: See report

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

Action: Approved recommendation.

22.  Support SB 1180, Regulating Advertisements Targeting Minors (PDF, 105 KB)

From: Councilmembers Moore and Worthington

Recommendation: Support Senate Bill 1180, introduced by Senator Migden, that would prevent any person, firm, corporation, partnership, or any other organization to issue ads that targets minors to consume alcoholic beverages.

Financial Implications: None

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

Action: Approved recommendation.

23.  Oppose HR 4437: Federal Anti-immigrant Legislation (PDF, 70 KB)

From: Councilmember Worthington

Recommendation: Oppose the passage of House Resolution 4437, Border Patrol, Antiterrorism, and Illegal Immigration Control Act of 2005, now before the Senate.

Financial Implications: None

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

Action: Approved recommendation.

24.  Support Proposition 82, Public Preschool Education (PDF, 285 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 82, a ballot initiative on the June 6, 2006 Primary Election ballot, which would establish a right to voluntary public preschool education for four-year-old children funded by a 1.7% tax on individuals earning above $400,000 and couples earning above $800,000.

Financial Implications: None

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

Action: Removed from Consent by Councilmember Capitelli. Referred by Councilmember Moore to the Early Childhood Education Commission to bring a report back to Council. Held over to March 21, 2006 by Councilmember Worthington.

25.  Stop Doubling of Plutonium Storage and Usage at Livermore Labs (PDF, 241 KB)

From: Councilmember Worthington

Recommendation: Urge the U.S. Department of Energy (DOE) to stop the proposed doubling of the plutonium storage limit at Livermore National Lab and call on Congress to deny funding for additional plutonium at Livermore Lab.

Financial Implications: None

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

Action: Approved recommendation.

26.  Limited Tuolumne Camp Staff Report (PDF, 400 KB)

From: Auditor

Recommendation: Request the City Manager to report back before the end of December 2006 regarding the implementation status of each of the City Auditor’s recommendations in the attached report, Limited Tuolumne Camp Staff Review, and to continue to report back every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report

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

Action: Approved recommendation.

27.  Amendments to Berkeley Municipal Code Regarding the Auditor's Office (PDF, 244 KB)

From: Auditor

Recommendation: Adopt the first reading of an Ordinance repealing Berkeley Municipal Code Chapter 2.24 and reenacting a new Chapter 2.24 to implement the Charter duties and authority of the City Auditor relating to audit activities, administration, and oversight.

Financial Implications: See report

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

Action: Adopted first reading of Ordinance. Second reading scheduled for March 21, 2006.

28.  Lawrence Berkeley National Laboratory Site Restoration and Deed Restriction

a.      From: Community Environmental Advisory Commission (PDF, 78 KB)

Recommendation: Direct City Manager to: 1) write a letter to Lawrence Berkeley National Laboratory (LBNL), University of California Office of President Dynes, the Department of Toxic Substances Control (DTSC), the Regional Water Quality Control Board (RWQCB), and the Department of Energy to ask for clarification regarding their process for LBNL site restoration specifically the role, intent, clean-up goals, timetable and budget and 2) ask UC President Dynes to deny requests made for any form of land or water use restrictions (such as deed restrictions), with regard to cleanup of contamination at LBNL. 

Financial Implications: See report

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

b.      From: City Manager (PDF, 80 KB)

Recommendation: The City Manager concurs with the content and recommendations of the Community Environmental Advisory Commission and wishes to add background information for clarification purposes.

Financial Implications: None

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

Action: Removed from Consent by Councilmember Wozniak.  Moved, seconded, carried (Wozniak/Moore) to adopt a second revised recommendation submitted by Councilmember Wozniak to: 1) direct the City Manager to write a letter to LBNL, University of California Office of President (UCOP) Dynes, the DTSC, the RWQCB, and the Department of Energy to ask for clarification regarding their process for LBNL site restoration, specifically, the role, intent, clean-up goals, timetable and budget; 2) ask UC President Dynes and DTSC to delay approval of any requests made for any form of land or water use restrictions (such as deed restrictions) with regard to clean-up of contamination at LBNL for a minimum period of ten years to allow sufficient time to determine whether or not the current DTSC approved clean-up program goals can be met, for a report on the progress toward meeting the clean-up goals and the associated expenditures to CEAC and City staff on an annual basis, and for DTSC to inform the City prior to any decision being made to request or grant any deed restriction at the LBNL site; and 3) ask UCOP, DTSC, and the RWQCB to demand that the groundwater be cleaned up to drinking water standards or to the maximum technical extent where the beneficial uses criteria of the Water Board are not met and contaminated soils be cleaned up for unrestricted use.

Action Calendar – Discussion

29.  Landmarks Preservation Ordinance (Continued from February 21, 2006)

a.      From: Mayor Bates (PDF, 44 KB) (March 7, 2006)

Recommendation: Allow time for Council discussion and to provide direction to staff.

Contact: Tom Bates, Mayor, 981-7100

b.      From: Councilmember Spring (PDF, 44 KB) (March 7, 2006)

Recommendation: 1) Refer the Structure of Merit Designation to the Landmarks Preservation Commission for exploration of options for addressing issues of concern that have been raised by Councilmembers; and 2) assure that the Landmarks Preservation Ordinance is in compliance with the Permit Streamlining act by adding the word “disapprove” to the statement, “If the application is for a permit to demolish, the commission shall approve, [DISAPPROVE], or modify the application in whole or in part..”

Financial Implications: None.

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

c.       From: Mayor Bates (PDF, 46 KB) (February 14, 2006)

Recommendation: Conduct a public hearing to allow for citizen input regarding the Landmarks Preservation Ordinance.

Contact: Tom Bates, Mayor, 981-7100

d.      From: Mayor Bates (PDF, 712 KB)  |  PowerPoint Presentation (PDF, 78 KB) (November 29, 2005)

Contact: Tom Bates, Mayor, 981-7100

e.      Revised Landmarks Preservation Ordinance (PDF, 14 MB) (July 12, 2005)

From: City Manager

Recommendation: Adopt first reading of one of two ordinances, or a variant thereof, as recommended by either the Planning Commission or Landmarks Preservation Commission to repeal and reenact BMC Chapter 3.24 (Landmarks Preservation), amend BMC sections 23.B24.030, 23B.32.050 and 23C.08.050 and repeal Chapter 19.20; or, alternatively, provide direction to staff to prepare an alternative ordinance to bring back to Council.

Financial Implications: Staff time.

Contact: Dan Marks, Planning, 981-7400

f.        Communications (March 7, 2006)

1.      None.

g.      Communications (February 14, 2006)

1.      Robert Johnson, Landmarks Preservation Commission (PDF, 32 KB)

2.      John S. English (PDF, 183 KB)

h.      Supplemental Reports and Communications #1 (PDF, 3 MB) (February 14, 2006 – Numbering follows original sequence)

1.      J. Michael Edwards, McGee-Spaulding-Hardy Historical Interest Group

2.      Sharon Hudson (10)

3.      Wendy Alfsen, McKinley Addison Allston Grant Neighborhood Association

4.      Robin Wright and Amnuay Amuaydejkorn

5.      Stephen Wollmer

6.      Joan V. Barnett, Dwight/Hillside Neighborhood Association

i.        Supplemental Reports and Communications #2 (PDF, 2 MB) (February 14, 2006 – Numbering follows original sequence)

7.      Carl Friberg

8.      Wendy Markel, The Berkeley Architectural Heritage Association

9.      Wendy Markel

10.  Jerry Wachtel, Panoramic Hill Association

11.  Laurie Bright, Council of Neighborhood Associations

12.  Shirley Dean

13.  George Beier, Willard Neighborhood Association

14.  Peter Schorer

15.  John Curl, Mary Lou Vanderventer, Laurie Bright and Rick Auabach, West Berkeley Artisans and Industrial Companies Association

16.  Danielle Thompson

17.  West Berkeley Business Alliance

18.  Jennifer L. Hernandez, Holland and Knight LLP

19.  Kristin Leimkuhler

20.  Marie Bowman, BANA

j.   Communications (February 7, 2006 – Numbering follows original sequence)

1.      David Early, Livable Berkeley, submitted by Jennifer Phelps Quinn (PDF, 351 KB)

k.    Supplemental Reports and Communications #1 (PDF, 389 KB) (February 7, 2006 – Numbering follows original sequence)

18.  Sharon Hudson

19.  Micheal Katz

20.  Dean Metzger, Claremont Elmwood Neighborhood Association

21.  Daniella Thompson, Northside Neighborhood Association

22.  Robin Wright

l.   Supplemental Reports and Communications #2 (February 7, 2006 – Numbering follows original sequence)

34.  Presentation materials, submitted by Carrie Olson on behalf of Landmarks Preservation Commission (PDF, 2 MB)

m.   Communications (January 17, 2006 – Numbering follows original sequence)

1.     Gale Garcia (PDF, 1 MB)

Action: Moved, seconded, carried (Wozniak/Moore; Noes – Spring, Worthington) a substitute motion to: 1) ask staff to draft revisions to the Landmarks Preservation Ordinance adopting changes proposed in a revised report from Mayor Bates dated March 3, 2007 and amended by Councilmember Capitelli in a memo dated March 7, 2006 to: include the creation of Neighborhood Conservation Districts; change the name of “Historic Points of Interest” to “Neighborhood Points of Interest”; and, include “integrity” as a criteria for the designation of a Structure of Merit; 2) ask staff to review the draft ordinance language to ensure that it conforms with the State Permit Streamlining Act and identifies the potential level of environmental review required; 3) provide the draft language to the Landmarks Preservation Commission and the Planning Commission by May 1, 2006 to provide adequate time for their review and comments prior to further Council action; 4) provide direction to staff and commissions as noted; and 5) set a public hearing for July 11, 2006 to consider the ordinance language and comments from the commissions and community.

Moved, seconded, carried (Wozniak/Moore; Noes – Maio, Spring, Olds, Worthington) to have staff draft language considering Structures of Merit only in historic districts as proposed by Mayor Bates.

Moved, seconded (Spring/Worthington) a main motion that was not voted on to hold the matter over to March 21, 2006. 

 

Action Calendar – Public Hearing - Fees

30.  Establish Sewer Lateral Certificate Fees, Effective July 1, 2006 (PDF, 356 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a sewer lateral certificate fee pursuant to Berkeley Municipal Code Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property, effective July 1, 2006.

Financial Implications: $277,400 - Annual increased revenue

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

Public Testimony: The Mayor opened the public hearing. Five speakers.  Moved, seconded, carried (Maio/Moore) to close the public hearing.

Action: Moved, seconded, carried (Maio/Capitelli) to hold over to March 21, 2006.

Action Calendar – Old Business

31.  June Ballot Measure: Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV Election in Berkeley in November 2006 (Held over from February 21, 2006)

a.      From: Councilmember Worthington (PDF, 92 KB)

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

b.      From: Councilmember Wozniak (PDF, 134 KB)

Recommendation: Require that the specific Instant Runoff or Ranked Choice Voting system chosen for any upcoming Berkeley and Alameda County election satisfy the following conditions: 1) treat all voters the same; 2) count all votes; and 3) ensure that each voter has a vote in all rounds, including the final round.

Financial Implications: None.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

c.       From: City Manager (PDF, 44 KB)

Recommendation: Oral update from staff.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved, seconded, carried (Worthington/Anderson) requesting that the Mayor send a letter to the Alameda County Board of Supervisors on behalf of the Council to urge the Alameda County Counsel to remove any legal obstacles and allow the County Registrar of Voters to proceed with a consolidated election in conjunction with IRV for November 2006.

Action Calendar – New Business

32.  Adoption of City Council Findings Declaring 2440 Sacramento Street-Dwight Way Liquors to be a Public Nuisance (PDF, 176 KB)

From: City Manager

Recommendation: Adopt a Resolution adopting the attached findings declaring Dwight Way Liquor to be a public nuisance under Berkeley Municipal Code Chapter 23B.64 and ordering the operation thereof to cease forthwith.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved to Consent by Councilmember Maio.  Councilmember Moore announced he was recusing himself due to his partner’s ownership of a property adjacent to Dwight Way Liquors. Adopted Resolution No. 63,230–N.S. (PDF, 689 KB) (Absent – Moore) as amended to add public urination and defecation to the list of nuisance complaints contained in Clause 1 and removing the last two enabling clauses pertaining to fines.

33.  Contract: Community Choice Aggregation (To be delivered)

a.      From: City Manager (PDF, 231 KB)

Recommendation: Adopt a resolution authorizing the City Manager to execute a contract amendment with Navigant Consulting, Inc. in the amount of $72,992, for a total amount of $101,492 for the period December 3, 2003 to June 30, 2007 for the development of a business plan, a risk and economic feasibility analysis of such plan, and other tasks related to determining the risks and economic feasibility of the City entering into a “community choice aggregation” for the purposes of buying and selling power.

Financial Implications: FY 2006 General Fund - $72,992

Contact: Stephen Barton, Housing, 981-5400 and Fran David, Finance, 981- 7300

b.      From: Energy Commission (PDF, 175 KB)

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Navigant Consulting Inc. for the development of a business plan and other tasks related to community choice aggregation of electrical power in the amount of $67,992, for a total amount of $96,492 for the period December 3, 2003 to June 30, 2007.

Financial Implications: FY 2006 General Fund - $67,992

Contact: Neal De Snoo, Secretary, 981-5434

Action: Moved, seconded, carried (Maio/Worthington; Abstain – Olds) to adopt Resolution No. 63,231–N.S. (PDF, 55 KB) as recommended by the City Manager.

34.  Precautionary Principle Ordinance (PDF, 191 KB) (CF 36-04)

From: City Manager

Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 12.29, “Precautionary Principle”.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

Action: Moved to Consent by Councilmember Maio.  Moved, seconded, carried (Moore/Maio) to adopt first reading of Ordinance as amended by Councilmember Wozniak to add the word “may” prior to the word “prevent” under Section 12.29.020 C1, Anticipatory Action. Second reading scheduled for March 21, 2006.

35.  Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (PDF, 361 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance to add Berkeley Municipal Code (BMC) Chapter 17.24, Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property.

Financial Implications: Program Cost - $277,400 (covered by fees generated by Ordinance)

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

Action: Moved, seconded, carried (Maio/Capitelli) to hold over to March 21, 2006.

36.  Downtown Area Pay-and-Display Stations Meter Time Limit Increase (PDF, 169 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 14, Vehicles and Traffic, by amending Section 14.40.040, and adding Sections 14.40.035, “Ninety-Minute Parking” time limit, and 14.40.045, "Long Term Parking". The first locations to which the ninety-minute parking time limit will apply will be in the Downtown Area, at the locations of the Phase 1 Pay-and-display stations.

Financial Implications: Parking Meter Fund - $3000

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

Action: Moved to Consent by Councilmember Worthington.  Moved, seconded, carried (Moore/Maio) to adopt first reading of Ordinance. Second reading scheduled for March 21, 2006.

37.  Independent Scheduling of Land Use Public Hearings (PDF, 64 KB)

From: Councilmember Worthington

Recommendation: Consider two options to improve scheduling and noticing of land us public hearings: 1) to publicly notice and indicate in the agenda a set time that a land use public hearing would begin at City Council Meetings; or 2) to separate and hold individual Council meetings at a specifically noticed time for land use related public hearings.

Financial Implications: None

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

Action: Moved, seconded, carried (Worthington/Moore; Noes – Olds; Abstain – Moore, Capitelli) to refer to the Agenda Committee to bring a report back to Council for approval setting a separate schedule for land use public hearings and/or scheduling land use public hearings for a specific time during regular Council meetings.

Information Reports

38.  City Manager's Contract Authority - Status Report (PDF, 181 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

39.  Disaster Preparedness Quarterly Report (PDF, 160 KB)

From: City Manager

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

Action: Received and filed.

40.  Kinder Morgan Pipeline Safety (PDF, 130 KB)

From: City Manager

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

Action: Received and filed.

41.  Donations to the Young Adult Project (PDF, 53 KB)

From: City Manager

Contact: Marc Seleznow, Parks Recreation & Waterfront, 681-6700

Action: Received and filed.

42.  Landmarks Preservation Commission Notice of Decision: 2900 San Pablo Avenue – Structural Alteration Permit Approval (Garage Demolition) and Structural Alteration Permit Denial (West Façade Repairs) (PDF, 2 MB)

From: City Manager

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

Action: Received and filed.

43.  Landmarks Preservation Commission Notice of Decision: 1861-1867 Solano Avenue - Landmark Designation (PDF, 2 MB)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7500

Action: Received and filed.

44.  Implementation Status of Parking Enforcement Operations Audit Recommendations Update (PDF, 172 KB) (CF-31-05)

From: City Manager

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

Action: Received and filed.

45.  Follow Up on Use of Biodiesel (PDF, 137 KB)

From: City Manager

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

Action: Received and filed.

46.  Status Report on Berkeley Parking Information Guidance System (PDF, 157 KB) (CF97-01)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action: Received and filed.

47.  Alameda County-Wide Homeless and Special Needs Housing Plan (PDF, 136 KB)

From: Commission on Disability

Contact: Paul Church, Secretary, 981-6342

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.

Creeks Ordinance

1.      Kathy Labriola

2.      Barbara Bull

3.      Jody Hinshaw

4.      Meaneen O’Connor

5.      Kevin Powell  (Worthington)

6.      Diane Tokugawa (2)

7.      Nathan Stout

8.      Laurel Collins

Sewer Laterals

9.      Barbara Gilbert (2)

10.  Walter Wood (2)

11.  Charlest T. Tart

12.  Dave Quady

Infrastructure Improvements and Issues

13.  Barbara Gilbert (2)

Unfunded Public Employee Liabilities

14.  Barbara Gilbert

Berkeley Supermarkets

15.  Stephen Wollmer

16.  Leon Mayeri

Derby Street Athletic Field

17.  Jim Fisher

Cellular Antennas  (Spring)

18.  Leonard Schwartzburd

Condominium Conversion Ordinance

19.  The Berkeley Properties Association

20.  Barbara Gilbert

21.  Marie Bowman

22.  Michael St. John

Ashby BART West Parking Lot

23.  Joanne Kowalski

24.  Scott Mace

25.  David Soffa

Liveable City

26.  L. Darlene Pratt

Sea Scouts

27.  Charlie Chan

Alta Bates ER Traffic Construction Plan  (Worthington, Spring)

28.  Julie Gordon Shearer

Response to Nanotechnology Safety Procedures at Lawrence Berkeley Lab – Response to December 6, 2005 Council Item

29.  Peter Lichty, Health Services and Industrial Hygiene, Ernest Orlando Lawrence Berkeley National Laboratory

Crime Rates and Public Nuisances

30.  Barbara Gilbert

Voting Machine Security

31.  Barbara Gilbert

Bicycle Lanes On Telegraph

32.  Sharon Hudson

Landmarks Preservation Ordinance

33.  Joseph Stubbs

Brown Out of City Fire Stations

34.  Bella Feldman

Health Care Spending

35.  Barbara Gilbert

Precautionary Principle Ordinance

36.  Davis Baltz, Commonweal

 

To Be Delivered and Supplemental Reports 1

Item 10: Mental Health Services Act Funding Request: Community Services and Supports Plan

·        Revised Resolution, submitted by Health and Human Services (PDF, 209 KB)

Item 29: Landmarks Preservation Ordinance

·        Revised report, submitted by Mayor Bates (PDF, 2 MB)

Item 33: Contract: Community Choice Aggregation

·        To be delivered report, submitted by Housing (PDF, 231 KB)

·        To be delivered report, submitted by the Energy Commission (PDF, 175 KB)

 

To Be Delivered and Supplemental Reports 2

Item 28: Lawrence Berkeley National Laboratory Site Restoration and Deed Restriction

·        Revised report (1), submitted by Councilmember Wozniak (PDF, 50 KB)

·        Revised report (2), submitted by Councilmember Wozniak (PDF, 57 KB)

Item 29: Landmarks Preservation Ordinance

·        Revised report, submitted by Laurie Capitelli (PDF, 105 KB)

 

Supplemental Communications 1 (PDF, 4 KB)

Item 29: Landmarks Preservation Ordinance

37.  Walter Wood

38.  Andy DeGiovanni

39.  Barbara Gilbert

Item 30: Establish Sewer Lateral Certificate Fees, Effective July 1, 2006 ~ Supplement Communications 1 (PDF, 2 MB)

40.  Terry Mandel

41.  Richard Ehrenberger (2)

42.  Barbara Gilbert (5)

43.  Laurie Bright, Council of Neighborhood Associations

44.  Charles T. Tart

45.  Denise Glover

46.  Juliet Lamont

47.  Dean Metzger, Claremont Elmwood Neighborhood Association

48.  Sasha Futran

49.  WZSEBEAR1@*****.com (2)

50.  Robert G. Peterson, submitted on behalf of his mother

51.  Peter Campbell

Item 31: June Ballot Measure: Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV Election in Berkeley in November 2006

52.  Steven Hill, New America Foundation, and Chris Jerdonek, FairVote

Item 34: Precautionary Principle Ordinance

53.  Sheela Shankar

54.  Juliet Lamont

55.  Neil Gendel, Healthy Children Organizing Project

56.  Jennifer Clary, Clean Water Action

57.  Joanne Kowalski

58.  Lisa Wanzor, Breast Cancer Action

59.  Robert Clear, Community Environmental Advisory Commission

Item 35: Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property

60.  Terry Mandel

61.  Richard Ehrenberger

62.  Barbara Gilbert (5)

63.  Laurie Bright, Council of Neighborhood Associations

64.  Charles T. Tart

65.  Denise Glover

66.  Juliet Lamont

67.  Dean Metzger, Claremont Elmwood Neighborhood Association

68.  Sara Futran

69.  WZSEBEAR1@*****.com (2)

70.  Robert G. Peterson, submitted on behalf of his mother

71.  Peter Campbell

 

Supplemental Communications 2 (PDF, 4 KB)

Ceremonial Item 3: Raising The Tibetan Flag In Solidarity With The Tibetan People

72.  Regional Tibetan Youth Congress San Francisco Bay Area

Item 29: Landmarks Preservation Ordinance

73.  Wendy Markel, The Berkeley Architectural Heritage Association

Item 30: Establish Sewer Lateral Certificate Fees, Effective July 1, 2006

74.  Barbara Gilbert (PDF, 68 KB)

Item 31: June Ballot Measure: Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV Election in Berkeley in November 2006

75.  Councilmember Wozniak (2)

Item 34: Precautionary Principle Ordinance

76.  Joan Reinhardt Reiss, Breast Cancer Fund

77.  Janet Smartt

Item 35: Abatement of Nonconforming/Substandard Sanitary Sewer Laterals on Private Property

78.  Barbara Gilbert

 

Adjournment

Adjourned at 11:12 p.m. in memory of Owen Chamberlain.