Regular Meeting eSummary
March 13
, 2007

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SUMMARY

 

BERKELEY CITY COUNCIL MEETING

Tuesday, March 13, 2007

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Preliminary Matters

Roll Call: 7:00 p.m.  Absent – Capitelli.

Ceremonial Matters:

1.      Mayor Bates invited citizens to submit applications for appointment to the Housing Authority Board.

2.      Councilmember Worthington recognized 8 members of the Berkeley Police Association for recent outstanding service awards.

City Manager Comments:  City Manager Phil Kamlarz noted that City Attorney Manuela Albuquerque has been awarded a California Lawyer Attorneys of the Year Award.

Public Comment on Consent Calendar Items Only – 8

 

Consent Calendar

Action: M/S/C (Anderson/Worthington) adopted the Consent Calendar in one motion except as indicated:

1.   Eliminate Title Company Retention of One-Third of the Real Property Transfer Tax Funds for Seismic Retrofit Program (PDF, 12 KB) (First reading – February 27, 2007 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,971–N.S. amending Berkeley Municipal Code, Section 7.52.060 § K (4) to eliminate the provision that up to one-third of the Real Property Transfer Tax be set aside in an escrow account pending completion of seismic retrofit work.  Amending the ordinance as recommended does not impact the seismic retrofit program in any way.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted second reading of Ordinance No. 6,971–N.S. (PDF, 129 KB)  Effective date April 12, 2007 (Absent – Capitelli).

2.   Zoning Ordinance Amendments: Procedural Changes to Streamline the Enforcement of Permit Violations (PDF, 27 KB) (First reading – February 27, 2007 – Olds/Moore – absent)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,972–N.S to amend Berkeley Municipal Code (BMC) Chapters 23B.60, Compliance and Revocation, and 23B.64, Abatement of Nuisances. 

Financial Implications: None.

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

Action: Adopted second reading of Ordinance No. 6,972–N.S. (PDF, 420 KB)  Effective date April 12, 2007 (Absent – Capitelli).

3.   License Agreement: Cal Sailing Club (PDF, 1 MB)

From: Waterfront Commission

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal of the License Agreement or a Lease with Cal Sailing Club (CSC) with no increase in fees. 

Financial Implications: None

Contact: Cliff Marchetti, Secretary, Waterfront Commission, 981-6700

Action:  Continued to April 24, 2007.

4.   Formal Bid Solicitations and Request for Proposals (PDF, 80 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, $194,700

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

5.   Supporting H.R. 351, The Haiti Truth Act (PDF, 453 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution commending Representative Barbara Lee for introducing H.R. 351, "The Haiti Truth Act"; calling on all members of the California Congressional Delegation to lend their co-sponsorship to H.R. 351; requesting Senators Barbara Boxer and Dianne Feinstein to introduce a Senate companion bill to H.R. 351; and encouraging the United States Congress to investigate subsequent murder, rapes, torture, and political prisoners held without charges or trial, and other human rights abuses that have occurred in Haiti since the ouster of President Jean-Bertrand Aristide.

Financial Implications: None

Contact: Manuel Hector, Secretary, Peace and Justice Commission, 981-5110

Action:  Adopted Resolution No.63,606–N.S. (PDF, 99 KB) (Absent – Capitelli).

6.   Child Care Mitigation Mini-Grant Program (PDF, 92 KB)

From: Commission on Early Childhood Education

Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with the Low Income Investment Fund (LIIF) in the amount of $10,317 for the administration of the Child Care Mitigation Mini-Grant Program for the period of March 1, 2007 through June 30, 2010. 

Financial Implications: Child Care Mitigation Operating Subsidy Fund - $10,317

Contact: Angellique De Coud, Commission Secretary, 981-5428

Action:  Adopted Resolution No. 63,607–N.S. (PDF, 45 KB) (Absent – Capitelli).

7.   Classification: Camp Manager (PDF, 475 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to add the classification of Camp Manager and abolish the Camps Program Administrator class effective March 13, 2007, and adopt a Resolution amending Resolution No. 61,812–N.S., abolishing the Camps Manager (Unit X1-Unrepresented Support Classifications) classification effective March 13, 2007. 

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6805

Action:  Adopted Resolution No. 63,608–N.S. (PDF, 122 KB) (Absent – Capitelli).

8.   Grant Application:  Workforce Housing Reward Program (PDF, 79 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 $85,000 in fiscal year 2006/2007 for construction of improvements to Downtown BART Plaza; to accept the grant; and to execute the resultant revenue agreement and any amendments thereto. 

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,609–N.S. (PDF, 53 KB) (Absent – Capitelli).

9.   Expansion of Commuter Check Transit Voucher Program (PDF, 12 KB)

From: Councilmember Spring

Recommendation: That the City Council request the City Manager to expand participation in the Commuter Check transit voucher program by: 

1.having the City cosponsor workshops with Commuter Check Services Corp. for Berkeley employers; 

2.request that Staff in consultation with the Transportation Commission to further develop policies and strategies, including developing an ordinance, to increase mass transit use via Commuter Check; and 

3.refer this matter to the City Manager to request that expansion of use of commuter check transit vouchers in Berkeley be added to the city staff work plan.

Financial Implications: None 

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

Action:  Approved recommendations 1, 2 and 3.

10. Group Email Addresses For Council, Zoning Adjustments Board, And Planning Commission (PDF, 35 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council request that the City Manager create group email addresses for members of the City Council, Zoning Adjustments Board, and Planning Commission.

Financial Implications: None 

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

Action:  Removed from the agenda.

11. Ad-hoc Committee for “Sunshining” the Selection of Library Trustees (PDF, 27 KB)

From: Councilmember Moore, Mayor Bates,Councilmember Anderson

Recommendation: Request that the Mayor appoint two council members to serve on an ad-hoc committee with Library Board Chair Susan Kupfer and Trustee Ying Lee to establish a more open and transparent process for selecting Library Board Members, which they will report back to the Council in 60 days.  

Financial Implications: None 

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

Action:  Moved to Action Calendar and M/S/C (Worthington/Maio) approved recommendation to appoint Councilmembers Worthington and Olds (Absent – Capitelli/Wozniak/Olds).

12. Condemnation of Immigration Raids (PDF, 383 KB)

From: Councilmember Capitelli

Recommendation: Request the City Manger to inform the U.S. Department of Homeland Security and Immigration and Custom Enforcement that the Berkeley City Council condemns the recent, ongoing immigration raids taking place under “Operation Return to Sender.”

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action:  Approved recommendation.

13. Receive Pass Through Tax Revenue from the Berkeley Redevelopment Agency (PDF, 82 KB)

From: City Manager

Recommendation: Adopt a Resolution electing that the City receive pass through tax increment revenue from the Berkeley Redevelopment Agency and direct that the Fiscal Year 2007 funds be used for the West Berkeley Circulation Master Plan such that the Plan can include geography south of Bancroft to the Emeryville border and greater detail on rail impacts on the West Berkeley circulation 

Financial Implications: See report.

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

Action:  Adopted Resolution No. 63,610–N.S. (PDF, 73 KB) (Absent – Capitelli).

14. Supporting AB 1648; Open Hearing Process In Citizen Police Review Proceedings (PDF, 33 KB)

From: Councilmember Capitelli

Recommendation: Request the City Manger send a letter to our Assemblymember, on behalf of the City Council, expressing support for AB 1648: proposed legislation that would allow civilian review boards and oversight agencies that operate outside of a police department to hold public hearings regarding complaints about police misconduct.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action:  Continued to April 24, 2007.

15. Opposition to US Military Intervention or Use of Force in Iran (PDF, 38 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council opposes any form of military intervention or use of force against Iran.

Financial Implications: None

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

Action:  Approved recommendation and adopted Resolution No. 63,611–N.S. (PDF, 166 KB) (Abstain – Wozniak).

Public Comment – Items Not Listed on the Agenda - none


Action Calendar - Presentation

16. Presentation by Bay Area Air Quality Management District (PDF, 56 KB)

From: Councilmember Maio

Recommendation: Invite the Bay Area Air Quality Management District to present the findings of the most recent study regarding diesel particulate impacts and port expansion to the Council. 

Financial Implications: None.

Contact: Linda Maio, Councilmember, District 1, 981-7110

Action:  No action taken.

(Public Comments – 4).

 

Recess – 8:34 p.m. – 8:55 p.m. – Councilmember Capitelli present.

17. Quarterly Report and Presentation: Crime in Berkeley (PDF, 96 KB)PowerPoint Presentation (PDF, 639 KB)

From: City Manager

Recommendation: Accept and file.

Contact: Douglas N. Hambleton, Police, 981-5700

Action: No action taken.

Action Calendar – Old Business

18. Opposing the Use of Cluster Munitions and Other Weapons (PDF, 74 KB) (continued from February 27, 2007)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution supporting:

1.   the Cluster Munitions Coalition's campaign against the use of cluster munitions by sending a letter to the Norwegian Ministry of Foreign Affairs thanking Norway for taking the initiative to organize an international ban on cluster munitions that have unacceptable humanitarian consequences;

2.  the campaign against the use of depleted uranium weapons by signing the petition of the International Coalition to Ban Uranium Weapons; and 

3.  sending a letter to President Bush condemning the manufacture, sale,  and use of cluster bombs, depleted uranium weapons, and white phosphorus incendiary weapons. 

Financial Implications: None.

Contact: Manuel Hector, Jr., Commission Secretary, 981-5110

Action: Moved to Consent Calendar and adopted Resolution No. 63,612–N.S. (PDF, 133 KB) noting compromise language reached (Absent – Capiitelli).

Action Calendar – New Business

19.  Supporting Prosecution of Donald Rumsfeld and Other Government Officials

a. From: Peace and Justice Commission (PDF, 289 KB)  (Continued from February 27, 2007)

Recommendation: Adopt a Resolution endorsing the case of Rumsfeld et al by joining the list of "co-plaintiffs". 

Financial Implications: None

Contact: Manuel Hector Jr., Commission Secretary, 981-5110

b. From City Manager (PDF, 58 KB)

Recommendation: That Council take no action on the proposed recommendation from the Peace and Justice Commission seeking that the City join in a criminal complaint asking a German prosecutor to investigate United States officials for the possible commission of crimes.

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

Action: M/S/C (Maio/Worthington) adopted Resolution No. 63,613–N.S. (PDF, 67 KB) (Absent – Capitelli/Wozniak) – Wozniak absent at 12:30 a.m., 3/14/07.

20. Public Commons For Everyone Initiative (PCEI) (PDF, 97 KB)

From: Mayor Bates

Recommendation: Request that the City Manager:

1. Direct staff to develop Public Commons for Everyone Initiative (PCEI), a comprehensive package of recommendations that would promote health, safety and accessibility in our commercial corridors and address problematic street behavior through enhanced and coordinated services and a law enforcement effort that offers diversion to services; and

2. Return by the May 8th council meeting with a report and recommendations.  (Detailed recommendations are contained on pages two and three of the report.)

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action: M/S/C (Capitelli/Olds) approved recommendations as submitted.

 (Public Comments – 31).

 

Recess – 10:53 p.m.

Extended meeting to 11:30 p.m.  Extend meeting to 12:15 p.m. (Noes – Moore; Abstain – Wozniak; Absent – Olds).

21.  Urgent Review Pacific Steel Casting

a. From: Community Environmental Advisory Commission (CEAC) (PDF, 84 KB)

Recommendation:

a. Approve funds to conduct a sampling program for lead and other heavy metals deposited on surfaces in the vicinity of Pacific Steel Casting (PSC) and in areas of north and west Berkeley;

b. Convene a public hearing by Council in March 2007 for the purpose of hearing from community members, public health experts, and others, on the impacts of PSC emissions and other practices on quality of life, health, enjoyment of property, and potential long-term health risks for children and other sensitive members of the community;

c. Direct staff to identify City codes that may be used to motivate and compel an immediate and significant reduction in polluting practices and reduced emissions of toxic air contaminants and other polluting substances from Pacific Steel Casting (PSC). Potential city codes that may be employed toward this goal include, but are not limited to, the following:

-Zoning: consider adding to, changing or rescinding PSC use permits; citing nuisance violations;

-Stormwater: Cite PSC for improper use of public right of way for conducting their business and violating stormwater best management practices per City Ordinance;

-Toxics Management: apply toxics regulations to PSC to identify violations of air quality and other environmental factors;

d. Under city authority, require that PSC use best management practices to achieve significant reduction in toxic substances and criteria air pollutants in its emissions.

Financial Implications: See report

Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b. From City Manager (PDF, 1 MB)

Recommendation: That staff conduct the research described in item c of the Community Environmental Advisory Commission recommendations regarding Pacific Steel Casting, Inc. (PSC) with the qualifications only after the information that is expected from PSC in mid-April is provided, and that such work be fitted in as time is available in light of other priority projects and baseline work. At that time the staff can report back to the Council and the Council can then determine whether a public hearing or other special Council proceeding is necessary.

Financial Implications: See report

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

Action: M/S/C (Maio/Wozniak approved recommendation (a) directing staff to provide cost estimate; (c) directing the City Manager to provide a cost estimate on the sampling program and (d) requesting that Pacific Steel undertake a toxic use reduction program; noting that a public hearing date will be addressed when the costs and action plan come back for consideration.

(Public Comments – 12).

22. Limits on Terms, Membership Designated Commissions (PDF, 82 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance that: 

1. imposes a eight, cumulative year term limit for four designated commissions; 

2. repeals term limits on any other commission; and

3. limits designated commission membership to that commission, alone.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  M/S/C (Wozniak/Moore) to adopt first reading of Ordinance 6,973–N.S. as amended.  Second reading scheduled for March 20, 2007.

(Public Comments – 9).

 

Information Reports

23. Outstanding Audit Recommendations (PDF, 146 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6700

Action:  Received and filed.

24. Unrepresented Temporary Employees (PDF, 73 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6805

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.

Funding for Transportation

1.      Glenda Avery

World Music Festival

2.      Karl Reeh, LeConte Neighborhood Association

Iraq War

3.      Irshad Alam

Complaint Against the Berkeley Police Department – referred to the City Manager for a response

4.      Charles D. Jackson

Affordable Housing

5.      Barbara Gilbert

Funding for Traffic Calming in the Cedar/Rose/Hopkins/Gilman Area

6.      Louis Freedberg

Technical Problems for Council Meeting

7.      Barbara Gilbert

Dorm Noise

8.      Sharon Hudson

Second Response and Social Host Ordinances

9.      Vincent Casalaina, Willard Neighborhood Association

 

Supplemental Communications 1 (PDF, 10 KB)

Item 15: Opposition to US Military Intervention or Use of Force in Iran

10.  PhoeBe Sorgen

11.  JoanWDrake@****.com

Item 19: Supporting Prosecution of Donald Rumsfeld and Other Government Officials

12.  Jim Vessels

Item 20: Public Commons For Everyone Initiative

13.  Barbara Gilbert

14. Osha Neumann

Item 21: Urgent Review Pacific Steel Casting

15.  Peter Guerrero

16.  Judith Meyer

17.  Andrew Galpern

Item 22: Limits on Terms, Membership Designated Commissions

18.  Jesse Arreguin, Jack L. Harrison, Chris Kavanagh, Dave Blake, Lisa Stephens, Pam Webster

19.  Nancy Carleton

 

Supplemental Communications and Reports 2 (PDF, 10 KB)

Item 18: Opposing the Use of Cluster Munitions and Other Weapons

20.  Dennis Walton  

Item 19: Supporting Prosecution of Donald Rumsfeld and Other Government Officials

21.  Supplemental report, submitted by City Manager (PDF, 72 KB)

Item 20: Public Commons For Everyone Initiative

22.  Deborah Badhia, Downtown Berkeley Association

23.  Heather Hensley, North Shattuck Association

Item 21: Urgent Review Pacific Steel Casting

24.  Christopher Kroll

25.  Marge Atkinson

26.  Jewel Okawachi

27.  David Whipple (2)

28.  Michael P. Wilson

29.  Peter Guererro  

 

Adjournment

M/S/C (Maio/Moore) adjourned at 12:38 a.m., Wednesday, March 14, 2007 (Absent – Capitelli/Olds/Wozniak)