Regular Meeting eSummary
January 30
, 2007

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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, January 30, 2007

7:00 P.M.

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

Preliminary Matters

Roll Call:  7:20 p.m.  All present.

 

Ceremonial Matters:

Proclamation designating February 7, 2007 as National Black HIV/AIDS Awareness Day.

 

Public Comment – Consent Calendar Items:  3

 

Consent Calendar

Action: Moved/Seconded/Carried (Olds/Capitelli) adopted the Consent Calendar in one motion with the exception of Items 19 and 22, which were removed for discussion, and Items 28 and 29 were moved to the Consent Calendar.

1.      Repealing BMC Section 6.36.010 Regulating People's Park (PDF, 9 KB) (First reading – January 16, 2007 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 6.36.010 regulating People's Park and amending BMC Section 6.36.020.

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Ordinance No. 6,964-N.S. (PDF, 46 KB) (Noes: Anderson/Spring). Effective March 1, 2007.

2.      Oxford Plaza and David Brower Center Project - Amendments to the Disposition and Development Agreement (PDF, 18 MB) (First reading – January 16, 2007 - Noes: Olds)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 1) authorizing the City Manager to execute an Amendment to the Disposition and Development Agreement, and all other necessary documents to sell certain real property generally located on Oxford Street between Kittredge and Allston Way and 2) authorizing the City Manager to make any necessary modifications to the Reciprocal Easement Agreement concerning the sale.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Ordinance No. 6,965–N.S.  (PDF, 17.5 MB) (Noes: Olds).  Effective March 1, 2007.

3.      Minutes for Approval (PDF, 136 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of December 5, 2006 (regular), December 11, 2006 (special closed) and December 12, 2006 (regular).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Approved minutes as submitted.

4.      Revised 2007 City Council Meeting Schedule (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 63,501–N.S. to revise the City Council regular meeting schedule for 2007.

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Adopted Resolution No. 63,559–N.S (PDF, 439 KB) (as amended l/30/07).

5.      Formal Bid Solicitations and Request for Proposals (PDF, 75 KB)

From: City Manager

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

Financial Implications: Various Funds - $263,000

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

6.      Contract: Albany Unified School District (PDF, 69 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue agreement and any amendments with the Albany Unified School District for the provision of school-based clinical mental health services in the amount of $60,000, and authorizing the implementation of the project and appropriation of funding for related expenses.

Financial Implications: Revenue - $60,000

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

Action:  Adopted Resolution No. 63,560–N.S. (PDF, 46 KB)

7.      Contract: Legal Advisory Services (PDF, 69 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by $100,000 for a new contract amount not to exceed $319,950 and expiring when services are no longer required by the City.

Financial Implications: Capitol Improvement Fund - $100,000

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,561–N.S. PDF, 52 KB)

8.      License Agreement:  Laundry Machines at "A" Dock in the Marina (PDF, 5 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with the WEB Services Company, Inc. for installation and maintenance of laundry machines in the restroom building at “A” dock in the Marina.

Financial Implications: $1,200 over five years.

Contact: Marc Seleznow, Parks, Recreation & Waterfront

Action:  Adopted Resolution No. 63,562–N.S. (PDF, 2 KB)

9.      Contract: Closed Captioning Services - Zoning Adjustment Board Meetings (PDF, 68 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Theresa Darrenougue to perform Closed Captioning Services for the Zoning Adjustment Board Meetings, increasing the contract amount by $25,000 for a total not to exceed   $45,000 and extending the term from June 30, 2007 to June 30, 2008.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,563–N.S. (PDF, 44 KB)

10.  Lease: 2118 Milvia Street (PDF, 75 KB)

From: City Manager

Recommendation: 1. Adopt first reading of an Ordinance authorizing the City Manager to execute a lease amendment with N.E.W. Milvia Property, LLC, the successor in interest to NORA E. WAGNER, TRUSTEE UTD for real property located at 2118 Milvia Street for the purpose of leasing office space for the Planning and Development Department for the period September 1, 2006 and continuing through August 31, 2011. 

2. Authorize the City Manager to execute a full and final release and settlement agreement (attachment 2) for resolution of claims of back undercharged rent.  The City Attorney has prepared a separate confidential memorandum to City Council analyzing and making recommendations in this regard.

Financial Implications: See report

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

Action:  Moved to read by title only, waived further reading and introduced first reading of Ordinance 6,966–N.S. (Abstain: Spring).  Second reading scheduled for February 13, 2007.

11.  Contract: Police Department Towing Services (PDF, 69 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $30,000.00 in totality, with the following towing service providers; Avenue Towing, Berry Brothers Towing, East Bay Tow and Recovery, and Husteads Inc., to provide necessary towing services as required by the City of Berkeley Police Department for a period of one year. The contract is to start February 1, 2007 and end January 31, 2008.  This contract has the option to renew annually for up to four additional years.

Financial Implications: General Fund - $30,000

Contact: Douglas Hambleton, Chief of Police, 981-5700

Action:  Adopted Resolution No. 63,564–N.S. (PDF, 45 KB)

12.  Contract: Special Counsel and Legal Services (PDF, 71 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract for special counsel and legal services with the law firm Goldfarb & Lipman, increasing the amount of the contract by $23,000 for a total not to exceed $71,499.

Financial Implications: Metropolitan Transportation Commission - $23,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No.63,565–N.S. (PDF, 50 KB)

13.  Contract: Hills Fire Station Construction (PDF, 20 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Alten Construction for the Hills Fire Station, increasing the current contract by $87,990 for a total amount not to exceed $3,804,270 and extending the term to March 31, 2007.

Financial Implications: Measure G Fund  - $87,990

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No.63,566–N.S. (PDF, 52 KB)

14.  Contract: Transit Benefits Administrator (PDF, 72 KB)

From: City Manager

Recommendation: Adopt a Resolution rescinding Resolution No. 63,390–N.S., and authorizing the City Manager to amend the contract with Employee Benefits Specialists, Inc. (No. 6855A) to administer the pre-tax commute benefit program for City employees, increasing the total not to exceed amount to $137,515 for the period January 1, 2007 through December 31, 2010.

Financial Implications: Payroll Deduction Trust Fund - $137,515

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,567–N.S. (PDf, 68 KB)

15.  Final Map of Tract 7774 - 2020 Kittredge Street (PDF, 19 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7774, a 186-unit residential and commercial condominium located at 2020 Kittredge Street, Berkeley, California.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,568–N.S. (PDF, 35 KB)

16.  Measure G Greenhouse Gas Emission Reduction Initiative Implementation (PDF, 112 KB)

From: Mayor Bates

Recommendation: That the City Council 1.) authorize the City to enter into an agreement with Sustainable Berkeley to assist in the development of the Measure G Greenhouse Gas Reduction Initiative; 2.) authorize the City and Sustainable Berkeley to apply for grants to fund the development of the reduction plan and associated  pilot projects; and 3.) refer to the mid-year budget and next fiscal year budget allocations of up to a combined $100,000 to fund the development of the emissions reduction plan as directed by the voters.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation (Abstain: Spring).

17.  One-Time Budget Referral for "How Berkeley..." 2006 Extraordinary Expenditures (PDF, 21 KB)

From: Councilmember Maio, Moore and Spring

Recommendation: That the City Council refer to the mid-year budget process $3,457 in unexpected expenditures in 2006 for the "How Berkeley Can You Be?" event.

Financial Implications: General Fund - $3,457

Contact: Linda Maio, Councilmember, District 1, 981-7110; Darryl Moore, Councilmember, District 2, 981-7120; Dona Spring, Councilmember, District 4, 981-7140

Action:  Approved recommendation.

18.  Designate February 7, 2007 as National Black HIV/AIDS Awareness Day (PDF, 104 KB)

From: Councilmembers Moore, Anderson, and Worthington

Recommendation: Adopt a Resolution designating February 7, 2007 as National Black HIV/AIDS Awareness Day in the City of Berkeley.

Financial Implications: None.

Contact: Darryl Moore, Councilmember, District 2, 981-7120; Max Anderson, Councilmember, District 3, 981-7130; Kriss Worthington, Councilmember, District 7, 981-7170

Action:  Adopted Resolution No. 63,569–N.S (PDF, 61 KB) (as revised at the meeting).

19.  Alternatives to Giving BHS Students Citations for Sitting on 2180 Building Ledge (PDF, 1 MB)

From: Councilmember Spring

Recommendation: Refer to the City Manager Berkeley Municipal Code section 13.36.065 violating city building security with the request that 1) he return to the council with information on what the penalty is for this infraction including the county charges with options for lowering the penalty to not exceed $50 including county charges for this particular infraction; and 2) that the Council refer to the Parks and Recreation Commission and the Landmarks Commission this request for park benches to the installed at the south side of 2180 Milvia Street.

Financial Implications: See report.

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

Action:  Moved/Seconded (Spring/Olds) approved recommendation (Noes:  Worthington).

20.  Joining the National Pro-Choice City Campaign (PDF, 16 KB)

From: Councilmembers Olds and Moore

Recommendation: That the City Council pass a resolution defining and affirming Berkeley’s status as a Pro-Choice City and that the City of Berkley officially join the Pro-Choice City Campaign.

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160; Darryl Moore, Councilmember, District 2, 981-7120

Action:  Adopted Resolution No. 63,570–N.S. (PDF, 65 KB)

21.  Opposition to President Bush’s Escalation of Troops for the War in Iraq (PDF, 30 KB)

From: Councilmember Worthington

Recommendation: Adopt a resolution opposing the decision by President Bush to escalate the conflict in Iraq by sending additional American troops to Iraq and urging members of the US Senate and House of Representatives to declare their formal opposition to troop escalation.

Financial Implications: None

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

Action:  Removed from Consent for discussion and continued to February 13, 2007.

22.  Resolution to Eliminate Racial Discrimination (PDF, 45 KB)

From: Councilmember Worthington

Recommendation: Adopt a resolution in support of enforcement of the Convention on Elimination of all forms of Racial Discrimination (CERD) and refer to the City Manager the polling and reporting of the City’s progress in eliminating racial discrimination.

Financial Implications: Relatively small.

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

Action:  Removed from Consent for discussion, referred to the City Manager for report/recommendation and continued to February 27, 2007.

23.  Appointment to the Mental Health Commission (PDF, 77 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Regina Simpkins to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning January 31, 2007 and ending January 30, 2010.

Financial Implications: None.

Contact: Carol Patterson, Commission Secretary, 981-5217

Action:  Adopted Resolution No. 63,571–N.S. (PDF, 46 KB)

Public Comment – Issues not on the Agenda:  8
 

Action Calendar – Appeals

24. LPC Appeal: 1 Cyclotron Road (Bevatron)

a.      From: City Manager (PDF, 75 KB)

Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission (LPC) to designate the Lawrence Berkeley National Laboratory Bevatron site, Building 51, a City of Berkeley Landmark.

Financial Implications: None

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

b.      Appeal

1.      Friends of the Bevatron (PDF, 1 MB)

c.       Communications

None.

Action: Moved/Seconded (Wozniak/Capitelli) adopted Resolution No. 63,572–N.S (PDF, 64 KB) (as amended at the meeting).  (Noes:  Spring/Worthington).

 

Recess 9:01 – 9:15 p.m.

 

Action Calendar – New Business

25.  BAPAC Proposals Concerning Additional Alcohol Regulations (PDF, 171 KB)

From: City Manager

Recommendation:

1.   Refer to the Planning Commission amendments to Berkeley Municipal Code section 23C.04.030 and chapters 23B.60 and 23B.64 and provide any additional policy directions regarding Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposals concerning additional alcohol regulations;

2.   Adopt first reading of an Ordinance adding a new chapter 9.84 to the Berkeley Municipal Code (Mandatory Responsible Beverage Service Training; Attachment 1);

3.   Adopt first reading of an Ordinance adding a new chapter 13.49 to the Berkeley Municipal Code (Social Host Ordinance; Attachment 2); and

4.   Refer to Staff for redrafting Ordinance amending Sections 13.48.030, 13.48.040 and 13.48.050 of the Berkeley Municipal Code (Second Response Ordinance; Attachments 3-A and 3-B).

5.   Ask the City Manager to report back on enforcement resources and approaches after meeting with BAPAC

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved/Seconded/Carried (Olds/Worthington). (Noes: Worthington. Abstain:  Maio):

(1)   Referred to the Planning Commission

(2)   Moved to read by title only, waived further reading, and introduced first reading of Ordinance 6,967–N.S. (new Chapter 9.84).  Second reading scheduled for February 13, 2007.

(4)   Continued action on proposed ordinance amending Chapter 13 regarding second response.

(5)   Directed the City Manager to report back on enforcement resources and approaches, including FTE resources after meeting with BAPAC.

(6)   Added - Directed staff to review other agency “deemed approved” ordinances relative to required training (consider recommendation of the California Grocers Association in letter dated January 30, 2007) and record keeping, establishment of “best practices” and minimum operating standards, look at provisions for those that are grandfathered in and options (including amortization) for implementing minimum operating standards that would capture grandfathering and nonconforming uses. Friendly amendment by Anderson accepted to refer to the Planning Commission to look at an ordinance to bring nonconforming alcohol outlets operating hours into compliance over a period of time. And to reduce the amount of time for nonconforming uses to resume operations from one year to 90 days.

 

Moved/Seconded/Carried (Maio/Anderson) to extend the meeting to 11:15 p.m.

 

Moved/Seconded/Carried (Capitelli/Anderson) to extend the meeting to 11:30 p.m. (Noes – Olds).

 

Action:  Moved/Seconded/Carried (Olds/Worthington):

(3) Moved to read by title only, waived further reading, and introduced first reading of Ordinance 6,968–N.S. (adding new Chapter 13.49).  Second reading scheduled for February 13, 2007.

26.  BAPAC Proposals Concerning Additional Alcohol Regulations (PDF, 66 KB)

From: Community Health Commission

Recommendation: Review and update existing ordinances that regulate businesses, which sell alcohol, and provide effective and consistent enforcement of these ordinances, with the emphasis being on prevention.

Financial Implications: None

Contact: Kimi Sakashita, Commission Secretary, 981-5344

Action:  Approved recommendation.

27.  Zoning Ordinance (BMC Title 23) Amendment: Eliminating 4 Plus 4 Inclusionary Units Exception (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance to (1) amend Berkeley Municipal Code (BMC) Sections 23C.12.020 and 23E.20.080 to require projects with a total of five or more residential units and live/work units (but not five or more live/work units) to provide inclusionary units equivalent to 20% of the total number of units and pay in-lieu fees for fractional portion of the required inclusionary units; and (2) modify BMC Section 23E.20.080 to require all inclusionary live/work units be dispersed throughout the project and be comparable to the size, design and appearance of non-inclusionary units.

Financial Implications: None

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

Action:  Continued to February 27, 2007.

28.  Zoning Ordinance Amendments  - Design Review Committee Membership (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23B.08.010 to no longer require one of the two Zoning Adjustments Board members appointed to the Design Review Committee fill the position of DRC chair and add a definition of "layperson."

Financial Implications: None

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

Action:  Moved/Seconded on Consent (Olds/Capitelli) read by title only, waived further reading and introduced first reading of Ordinance 6,969–N.S.  Second reading scheduled for February 13, 2007.

29.  Joint Subcommittee on Density Bonus (PDF, 81 KB)

From: Mayor Bates

Recommendation: Request the Joint Subcommittee on Density Bonus complete its work and make final recommendations to the Planning Commission by March 31, 2007 with the thanks of the City Council for their time and effort. 

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

Information Reports

30.  Status Report: Recommendations To Combat Alcohol And Other Drug Problems (PDF, 92 KB)

From: City Manager

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

Action:  Received and filed.

31.  Audit: Association For Sports Field Users (PDF, 35 KB)

From: City Manager

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

Action:  Received and filed.

Communications (PDF, 9 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.

 

Item 25: BAPAC Proposals Concerning Additional Alcohol Regulations

1.      Berkeley Safe Neighborhood Committee

 

MILO Foundation

2.      Catherine Minor

 

Clothing Box Scam

3.      Ariel Curtis and Paul Anderson

 

Rotation Closure of Fire Stations

4.    Aroza Simpson, Strawberry Creek Lodge Tenants Association

 

Panoramic Hill

5.    Richard M. White, Panoramic Hill Association

6.    Ann Reid Slaby

 

Commissioner Term Limits and Service Limits

7.    Barbara Gilbert

 

Economic Development

8.    Barbara Gilbert

 

Cell Phone Antennas

9.    Wendy Alfsen, MAAGNA

10. Andrew Williams

11. Bill Litton

 

Appeal of 651 Addison Permit to Demolish Existing Building

12. Evan McDonald

 

Berkeley Crime

13. Barbara Gilbert

 

Precision Technical Coatings – Dover Sales Site

14. Mark Toland

 

Partnership with City of Alameda

15. David Howard

 

Save the Oaks at UC Stadium

Numerous email communications submitted in a substantially similar format are on file in the City Clerk Department.

 

Supplemental Communications 1 (PDF, 10 KB)

Item 16: Measure G Greenhouse Gas Emission Reduction Initiative Implementation

16.  Rob Wren

17.  Wendy Alfsen

18.  Catherine Squire

 

Item 24: LPC Appeal: 1 Cyclotron Road (Bevatron)

19.  LA Wood and Pamela Sihvola

 

Items 25 and 26: BAPAC Proposals Concerning Additional Alcohol Regulations

20.  Nancy Carleton

 

Supplemental Communications 2 (PDF, 10 KB)

Items 25 and 26: BAPAC Proposals Concerning Additional Alcohol Regulations

1.      Timothy M. James

2.      Lori Lott

3.      Irene Hegarty

4.      Dona Spring

 

Items 27: Zoning Ordinance (BMC Title 23) Amendment: Eliminating 4 Plus 4 Inclusionary Units Exception

5.      Tim Rempel and Liz Miranda

6.      Tim Rempel, et al

7.      Herbert A. Schreier, M.D.

 

Supplemental Reports

Item 4: Revised 2007 City Council Meeting Schedule

·        Revised Report, submitted by City Clerk. (PDF, 79 KB)

 

Item 18: Designate February 7, 2007 as National Black HIV/AIDS Awareness Day

·        Revised Report, submitted by Councilmembers Moore, Anderson, and Worthington. (PDF, 80 KB)

 

Item 25: BAPAC Proposals Concerning Additional Alcohol Regulations

·        Presentation Materials, submitted by City Attorney. (PDF, 240 KB)

 

Adjournment

Adjourned at 11:28 p.m. in memory of Theodore Rose Scates and Susan Adams.