Regular Meeting eSummary
March 21
, 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: 

  • 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

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, March 21, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:38 p.m.  All present.

Ceremonial Matters:

  1. Proclamation presented to Linda Rudolph and Kimi Sakashita, on behalf of the Division of Public Health in recognition of Public Health Week

  2. Proclamation presented to Rosa Nelly Caloca, 2006 Early Childhood Champion of the Year

  3. Proclamation presented to Gina Moreland, 2006 Early Childhood Champion of the Year

  4. Proclamation presented to Cicina Norton, Leadership Volunteer in recognition of American Red Cross Month

  5. Proclamation presented to David McGraw, Associate Laboratory Director and Chief Operating Officer, Lawrence Berkeley National Laboratory, in recognition of Lawrence Berkeley National Laboratory Waste Reduction Policies

Council Comments:

  1. Mayor Bates announced a meeting of the Mayor’s Homeless Youth Connection Project from 2:00-8:00 p.m. on April 3 at the Lutheran Church of the Cross on University Avenue.
  2. Councilmember Worthington announced a meeting on the Sunshine Ordinance at 7:00 p.m. on Monday, March 27 at City Hall.

City Manager Comments:  None

Public Comment:  15 speakers.

 

Consent Calendar

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

1.      Amendments to Berkeley Municipal Code Regarding the Auditor's Office (PDF, 28 KB) (First Reading March 7, 2006 – Unanimous)

From: Auditor

Recommendation: Adopt second 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 Ordinance No. 6,910–N.S. (PDF, 439 KB)  Effective April 20, 2006.

2.      Precautionary Principle Ordinance (PDF, 16 KB) (CF 36-04) (First Reading March 7, 2006 – Unanimous)

From: City Manager

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

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Ordinance No. 6,911–N.S. (PDF, 193 KB)  Effective April 20, 2006.

3.      Downtown Area Pay-and-Display Stations Meter Time Limit Increase (PDF, 14 KB) (First Reading March 7, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second 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:  Adopted Ordinance No. 6,912–N.S. (PDF, 114 KB)  Effective April 20, 2006.

4.      Minutes for Approval (PDF, 280 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meeting of February 21, 2006 (regular).

Financial Implications: None

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

Action:  Approved minutes.

5.      Juan Carlos Alvarez v. City of Berkeley Settlement (PDF, 138 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04 178764 entitled Juan Carlos Alvarez v. City of Berkeley in the amount of $130,000.

Financial Implications: Public Liability Fund - $130,000

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 63,232–N.S. (PDF, 42 KB)

6.      Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF, 172 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the Annual Investment Report and renewing the delegation of authority to make investments to the Director of Finance.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

Action:  Adopted Resolution No. 63,233–N.S. (PDF, 36 KB)

7.      Formal Bid Solicitations and Request for Proposals (PDF, 179 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 for division.

Financial Implications: Various Funds - $1,280,000

Contact: Fran David, Finance, 981-7300

Action:  Approved recommendation as revised by Councilmember Wozniak to read $1,304,000.

8.      Contract: HIV Prevention and Education Services (PDF, 97 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Women’s Daytime Drop-in Center for HIV prevention and education services for the period January 1, 2006 to June 30, 2006 in an amount not to exceed $28,000.

Financial Implications: State Office of AIDS Grant Augmentation - $28,000; No matching funds required

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

Action:  Adopted Resolution No. 63,234–N.S. (PDF, 37 KB)

9.      Contract: Financial Consulting Services (PDF, 141 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Seifel Consulting, Inc. for financial consulting services to increase the contract amount by $25,000 for a total amount not to exceed $90,000 for an effective date ending on March 31, 2007.

Financial Implications: Housing Program Budget - $25,000

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,235–N.S. (PDF, 43 KB)

10.  Contract: Legal Advisory Services (PDF, 134 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb & Lipman LLP for legal advisory services, increasing the contract amount by $50,000 for a new contract amount not to exceed $119,950 and expiring when services are no longer required by the City.

Financial Implications: General Fund - $50,000

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No.63,236–N.S. (PDF, 46 KB)

11.  Exclusive Negotiating Rights Agreement for the Development of the Oxford Lot (PDF, 6 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an Exclusive Negotiating Rights Agreement with Oxford Street Development, LLC for the development of the Oxford Lot for the period ending June 30, 2006.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted (Noes – Olds) Resolution No. 63,237–N.S. (PDF, 47 KB)

12.  Fund Allocation: Emergency Shelter Grant Funds to Berkeley Food and Housing Project (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with the Berkeley Food and Housing Project (BFHP) to include $24,797 in unused Emergency Shelter Grant Funds (ESG) funds for:  1) office space expansion at the Trinity United Methodist Church; 2) improvement of the staff bathroom at the Men’s Shelter on 1931 Center Street; and 3) installation of a kitchen exhaust fan at the Independent House on 2140 Dwight Way, with the contingency that BHFP complete all these activities before July 1, 2006.

Financial Implications: Emergency Shelter Grant Funds - $24,797

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,238–N.S. (PDF, 39 KB) as amended in a revised report to remove improvements to the Men’s Shelter on Center Street.

13.  Installation of Small Wind Turbine at Shorebird Nature Center Park (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution approving installation of a 1.8 kW wind turbine at Shorebird Nature Center Park to provide electricity, subject to the issuance of applicable permits in consultation with the Sierra Club.

Financial Implications: General Fund - $12,000

Contact: Stephen Barton, Housing, 981-5400

Action:  Removed from Consent by Councilmember Olds.  Moved, seconded, failed (Wozniak/Moore; Noes – Maio, Anderson, Spring, Olds, Bates; Absent – Worthington) a substitute motion to adopt a resolution as amended to approve the installation, monitor the project for evidence of bird kill and stop the test project immediately if there is evidence of bird kill.

Moved, seconded, carried (Olds/Spring; Abstain – Wozniak; Absent – Worthington) a main motion to adopt Resolution No. 63,239–N.S. (PDF, 60 KB) approving the installation of the wind turbine conditioned on receipt of prior written approval from the Audubon Society and, in the absence of written concurrence from the Audubon Society that there will be no adverse impact on birds, the matter will come back to Council.

14.  Side Letter of Agreement: Deputy Fire Marshal (PDF, 204 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to modify Section 10.10 of the Memorandum Agreement to provide that an employee appointed to the classification of Deputy Fire Marshal has six months from beginning employment to obtain the required certification as an Emergency Medical Technician.

Financial Implications: None

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

Action:  Adopted Resolution No. 63,240–N.S. (PDF, 110 KB)

15.  Contract: Hazardous Materials Emergency Planning (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Risk Management Professionals for a response capability evaluation and needs assessment of the City’s HazMat Emergency Preparedness for the period April 1, 2006 to September 30, 2006 for an amount not to exceed $42,000.

Financial Implications: General Fund - $42,000 (To be reimbursed by Grant funding)

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

Action:  Adopted Resolution No. 63,241–N.S. (PDF, 53 KB)

16.  Contract: Plan Checking (PDF, 167 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Linhart Peterson Powers Associates for plan checking and related services to increase the contract amount by $120,000 for a total amount not to exceed $360,000.

Financial Implications: Permit Service Fund – $120,000

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

Action:  Adopted Resolution No. 63,242–N.S. (PDF, 62 KB)

17.  Oxford Development Project (PDF, 2 MB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution making the finding that the development of the Oxford Plaza affordable housing project is of benefit to the West Berkeley Redevelopment Project Area. 

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted (Noes – Olds) Resolution No. 63,243–N.S. (PDF, 181 KB)

18.  Budget Referral: Homeless Youth Funding (PDF, 124 KB)

From: Mayor Bates

Recommendation: Direct the City Manager to: 1) keep the Youth Emergency Assistance Hostel open through May 2006 by re-directing one-time real estate transfer tax funds; 2) direct the City Manager to develop options for expanding homeless youth services; and 3) refer any potential additional funding for homeless youth services to the budget process for FY2007.

Financial Implications: Up to $32,000

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

19.  Presentation: Vista Community College Name Change to Berkeley City College (PDF, 119 KB)
From: Mayor Bates

Recommendation:  Schedule time at the April 18, 2006 City Council meeting for a presentation from Vista Community College on their upcoming name change and an update on their new campus.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

20.  Maudelle Shirek Celebration Expenses (PDF, 563 KB)

From: Councilmember Anderson

Recommendation: Adopt a Resolution to pay the outstanding expenses incurred by the celebration for former Councilmember Maudelle Shirek with payment not to exceed $5,000.

Financial Implications: Special Events Budget - $5,000.

Contact: Max Anderson, Councilmember District 3, 981-7130

Action:  Councilmember Anderson added Councilmember Moore as a co-sponsor on the report.  Adopted Resolution No. 63,244–N.S. (PDF, 40 KB)

21.  Proclamation Honoring 40th Anniversary of the Meiklejohn Civil Liberties Institute (PDF, 63 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring the Meiklejohn Civil Liberties Institute Day in Berkeley, on April 15, 2006.

Financial Implications: None

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

Action:  Approved proclamation.

22. Phase-Out of Tritium Exit Signs

a.      From: Community Environmental Advisory Commission (PDF, 92 KB)

Recommendation: Adopt a Resolution requiring the City Manager to institute the following policy: 1) no new tritium signs to be purchased or installed in new City-owned and leased buildings; 2) the City must provide an inventory of all tritium exit signs in City owned and leased buildings within six months; and 3) the City should provide facilities maintenance staff and subcontractors the training to recognize such signs and properly remove and legally dispose of them at the end of their useful life or when broken.

Financial Implications: See report

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

b.      From: City Manager (PDF, 97 KB)

Recommendation: The City Manager concurs with the CEAC recommendation to have a Resolution adopted requiring the City Manager to develop an effective replacement strategy and budget information for the signs and to institute the following policy: 1) no new tritium signs to be purchased or installed in new City-owned and leased buildings; 2) the City must provide an inventory of all tritium exit signs in City owned and leased buildings within six months; and 3) the City should provide facilities maintenance staff and subcontractors the training to recognize such signs and properly remove and legally dispose of them at the end of their useful life or when broken.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,245–N.S. (PDF, 36 KB) approving the Community Environmental Advisory Commission’s recommendation.

Action Calendar – Old Business

23.  Renaming Sather Gate Garage “Telegraph Area Garage” (PDF, 154 KB) (Held over from March 7, 2006)

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:  Moved to Consent by Councilmember Worthington as amended to change the name to the Telegraph/Channing Garage.  Adopted Resolution No. 63,246–N.S. (PDF, 25 KB)

24.  Support Proposition 82, Public Preschool Education (PDF, 285 KB) (Held over from March 7, 2006)

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:  Held over to April 25, 2006 by Councilmember Worthington to allow the Commission on Early Childhood Education to meet to consider the matter and bring a recommendation back to Council.

Action Calendar – New Business

25.  Funding for Warm Water Pool (PDF, 71 KB)

From: Councilmember Spring

Recommendation: Request the City Manager to write a letter to the BUSD School Board requesting the inclusion of $2 million in their November 2006 parcel tax ballot measure for the construction of the South Berkeley High School Warm Water Pool at the District's preferred site on the BHS tennis courts; and request that this request letter also be forwarded to the BUSD parcel tax committee.

Financial Implications: None

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

Action:  Moved, seconded, carried (Spring/Maio) to approve a recommendation as amended to refer the matter to the 2X2 Committee to be agendized at its next meeting to request the Superintendent of Schools to submit a written report about potential funding sources for construction of a new warm water pool.

Information Reports

26.  Summary of Activities for 2005 and Work Plan for 2006 (PDF, 143 KB)

From: Fair Campaign Practices Commission

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Received and filed.

27.  Investment Report: Quarters Ended September 30, 2005 and December 31, 2005 (PDF, 3 MB)

From: City Manager

Contact: Frances David, Finance, 981-7300

Action:  Received and filed.

28.  Update: Implementation of FUND$ Change Management Audit Recommendations (PDF, 231KB) (CF 27-05)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

Action:  Received and filed.

29.  Update: Implementation of Information Systems General Controls Audit Recommendations (PDF, 287 KB)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

Action:  Received and filed.

30.  Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon (PDF, 404 KB)

From: City Manager

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

Action:  Received and filed.

31.  Alta Bates Construction Project (PDF, 290 KB) (To be delivered)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action:  Received and filed.

Supplemental Agenda Item

The following item is added to the Action Calendar – Appeals:

32. ZAB Appeal: 2533 Cedar Street/2522 Hill Court

a.      From: City Manager (PDF, 61 KB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve the 45 square foot addition to a residential duplex that is non-conforming due to density and dismissing the appeal.

Financial Implications: None

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

b.      Appeal:

1.      Richard and Ann Krooth (PDF, 2 MB)

c.       Communications:

1.      Richard and Ann Krooth (PDF, 306 KB)

2.      Jeffrey S. Rosen (PDF, 276 KB)

Action: Moved to Consent by Councilmember Worthington.  Adopted Resolution No.63,247–N.S. (PDF, 556 KB) affirming the decision of the Zoning Adjustments Board to approve a 45 square foot addition to a residential duplex that is non-conforming due to density 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.

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.

Berkeley Iceland

1.      Barbara Gilbert

Recycling

2.      Anne Whyte, Saint John’s Neighbors

Radio Frequency Identification Devices

3.      Lauren Van Ham

4.      Peter Teichner

Creeks

5.      Susan Schwartz, Friends of Five Creeks

6.      Judith Reich

Pollution at John Muir Elementary

7.      Mercedez A. Gonzalez (Spring)

Cal Memorial Stadium

8.      Ernest Sotelo

Landmarks Preservation Ordinance

9.      Carl Friberg

Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon

10.  Samantha Murray, Golden Gate Audubon (Spring/Moore)

Tutoring

11.  Peter Hubbard

Commission on Aging

12.  Helen Rippier Wheeler

 

To Be Delivered and Supplemental Reports 1

Item 7: Formal Bid Solicitations and Requests for Proposals

·        Revised report, submitted by Finance (PDF, 94 KB)

Item 12: Fund Allocation: Emergency Shelter Grant Funds to Berkeley Food and Housing Project

·        Revised report, submitted by Housing (PDF, 29 KB)

Item 17: Oxford Development Project

·        To Be Delivered report, submitted by Housing (PDF, 2 MB)

Item 25: Funding for Warm Water Pool

·        Revised report, submitted by Councilmember Spring (PDF, 25 KB)

Item 31: Alta Bates Construction Project

·        To Be Delivered report, submitted by Planning (PDF, 290 KB)

Item 32: ZAB Appeal:  2533 Cedar Street/2522 Hill Court

·        Revised attachments, submitted by Planning (PDF, 758 KB)

 

To Be Delivered and Supplemental Reports 2

None.

 

Supplemental Communications 1 (PDF, 4 KB)

Item 2: Amendments to Berkeley Municipal Code Regarding the Auditor's Office

13.  Jonnise Downs

Item 23: Renaming Sather Gate Garage “Telegraph Area Garage”

14.  Craig Becker and Roland Peterson

Item 32: ZAB Appeal: 2533 Cedar Street/2522 Hill Court ~ Supplement 1 File (PDF, 1 MB)

15.  Jeffrey S. Rosen

16.  Richard Krooth

 

Supplemental Communications 2 (PDF, 4 KB)

Item 21: Proclamation Honoring 40th Anniversary of the Mieklejohn Civil Liberties Institute

17.  Ann Fagan Ginger

Item 23: Renaming Sather Gate Garage “Telegraph Area Garage”

18.  Roland Peterson, Telegraph Business Improvement District

Public Comment

19.  Zachary RunningWolf

Creek Ordinance

20.  Juliet Lamont

21.  Steelhead Trout Video, submitted by Juliet Lamont

 

Adjournment

Adjourned at 9:33 p.m. in memory of Dr. Jerry Patmont and Robin Ortiz Young.