Regular Meeting eSummary
March 20
, 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: 

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SUMMArY

BERKELEY CITY COUNCIL MEETING

Tuesday, March 20, 2007

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA
 

Preliminary Matters

Roll Call: 7:05 p.m.  Absent – Olds.

Ceremonial Matters: None

City Manager Comments:  None

Public Comment on Consent Calendar Items Only – 11
 

Consent Calendar

Action: Adopted Consent Calendar in one motion except as indicated:

1.       Limits on Terms, Membership Designated Commissions (PDF, 14 KB) (First reading March 13, 2007 – Noes – Anderson, Maio, Spring, Worthington)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,973–N.S amending the title of Berkeley Municipal Code (BMC) Chapter 3.02; and amending BMC Section 3.02.040 to limit terms on designated commissions

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Rescinded first reading and referred to Agenda Committee.

2.   BAPAC Proposals - Second Follow-up Report (PDF, 71 KB)

From: City Manager

Recommendation: That Council: 

1.  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.48.030, 13.48.040 and 13.48.050 (Second Response Ordinance); 

2.  Adopt first reading of ordinance adding new BMC Chapter 13.49 (Social Host Ordinance.) 

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney 981-6950

Action:  Moved to Action Calendar and adopted first readings of Ordinance No 6,974–N.S. (Second Response Ordinance) (Noes – Worthington; Absent – Olds) and Ordinance No. 6,975–N.S. (PDF, 216 KB) (Social Host Ordinance – Alt 1) (Noes – Worthington; Absent – Olds).  Second readings scheduled for March 27, 2007.

(Public Comment – 11)

3.   Cleanup Amendments to Taxi Ordinance (PDF, 40 KB)

From: City Manager

Recommendation: Adopt first reading of an ordinance amending BMC Sections 9.52.020, 9.52.030, 9.52.040, 9.52.050 and 9.52.150 regarding taxi permits. 

Financial Implications: None

Contact: Manuela Albuquerque, City Attorney 981-6950

Action:  Adopted first reading of Ordinance No. 6,976–N.S.  Second reading scheduled for March 27, 2007.

4.   Minutes for Approval (PDF, 184 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of January 16, 2007 (regular), January 29, 2007 (closed), January 30, 2007 (special and regular) and February 13, 2007 (special and regular). 

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action:  Approved minutes as submitted.

5.   Expand the Appropriate Zoning District(s) for Medical Marijuana Dispensaries (PDF, 11 KB)

From: Councilmembers Moore and Maio

Recommendation: That the City Council refer a zoning amendment to the Planning Commission which would allow medical collectives and dispensary facilities to locate in appropriate non-residential zoning districts where they currently are not permitted, recognizing the special site and operational needs of the use. The Planning Commission should also consider whether or not this important community service should be included in protected uses, as outlined by the zoning code.

Financial Implications: See report

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

Action:  Approved recommendation as amended.

6.   Sixth Annual Peace Lantern Ceremony (PDF, 65 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution endorsing the Sixth Annual Peace Lantern Ceremony to be held in Aquatic Park on Sunday, August 5, 2007, and directing the City Manager to post the event on the City's Community Calendar. 

Financial Implications: None

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

Action:  Adopted Resolution No. 63,614–N.S.(PDF, 80 KB)

7.   Reliable Replacement Warhead Program (PDF, 128 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution requesting that Representative Barbara Lee, and Senators Barbara Boxer and Dianne Feinstein not support funding for the "Reliable Replacement Warhead Program, or appropriations or other benefits to the civilian nuclear power industry; and that the University of California and the U.S. Government not violate the Nuclear Free Berkeley Ordinance. 

Financial Implications: None 

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

Action:  Adopted Resolution No. 63,615–N.S (PDF, 118) (as amended).

8.   Commission Referral for Measure G Implementation (PDF, 82 KB)

From: Mayor Bates

Recommendation: That the City Council request the following commissions each discuss how they can participate in helping the City implement Measure G  -- Community Environmental, Energy, Transportation, Planning, and Zero Waste. 

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

9.   Contract: San Pablo Park Pathway and Frances Albrier Recreation Center Renovation Project (PDF, 386 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution approving the Plans and Specifications for the San Pablo Park Pathway and Frances Albrier Recreation Center Renovation project; accepting the bid from Rosas Brothers Construction; authorizing the City Manager to execute a contract and any amendments with Rosas Brothers Construction in an amount not to exceed $523,250 which includes a 15% contingency for the period March 15, 2007 to December 31, 2007.

Financial Implications: Various Funds - $455,000

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

Action:  Adopted Resolution No. 63,616–N.S. (PDF, 69 KB)

10. Final Map of Tract 7618: 1501 Oxford Street (PDF, 76 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final Tract Map 7618, a five (5) unit residential condominium located at 1501 Oxford Street. 

Financial Implications: None

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

Action:  Adopted Resolution No. 63,617–N.S. (PDF, 34 KB)

11. Contract Amendment: Downtown BART Plaza & Transit Area Design Plan (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Community Design + Architecture Inc. (CD+A), increasing the amount from $90,000 to an amount not to exceed $150,000, and extending the termination date to October 31, 2008. 

Financial Implications: Measure B Fund - $60,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,618–N.S. (PDF, 51 KB)

12. Final Tract Map 7674: 1414 Harmon Street (PDF, 21 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7674, a seven unit residential condominium located at 1414 Harmon Street. 

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,619–N.S. (PDF, 34 KB)

13. Parking Prohibition on West Frontage Road (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution prohibiting parking for all vehicles and trailers (private and commercial) from 9 PM to 6 AM every day, including weekends and holidays, on the Bay Trail Park parking area on the west side of West Frontage Road, from a point 1100 feet north of the Berkeley-Emeryville city limits to a point 500 feet north thereof. 

Financial Implications: Transportation Division budget -  $800

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,620–N.S. (PDF, 59 KB)

14. Purchase Order: Ten Police Vehicles (PDF, 86 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the City of Sacramento's bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with Downtown Ford in an amount not to exceed $260,370 to purchase ten police patrol vehicles. 

Financial Implications: Equipment Maintenance Fund - $260,370

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,621–N.S. (PDF, 48 KB)

15. Contract Amendment:  Elevator Maintenance for Telegraph/Channing Garage and Mall (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with ThyssenKrupp Elevator Corporation for elevator maintenance at the Telegraph/Channing Garage and Mall, increasing the amount by $28,000 for a total amount not to exceed $90,178 and extending the termination date to June 30, 2008. 

Financial Implications: Off-Street Parking Fund - $28,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,622–N.S. (PDF, 46 KB)

16. Contract: Landfill Postclosure Monitoring and Maintenance Services (PDF, 81 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders with SCS Engineers, in an amount not to exceed $250,000, to provide engineering, monitoring, and maintenance services for the landfill post closure to meet mandatory compliance requirements at Cesar Chavez Park, for the period of April 1, 2007 to March 31, 2010, with an option to extend the contract for an additional two one-year periods at a cost of $90,000 per  each additional one-year period. 

Financial Implications: Refuse Fund - $250,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,623–N.S. (PDF, 55 KB)

17. Contract:  Sanitary Sewer Project (PDF, 125 KB)

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Baker Street, Derby Street, Milvia Street, Sacramento Street, Tyler Street, Hearst Avenue, Scenic Avenue, La Loma Avenue, and Highland Place; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Ranger Pipelines, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $455,994 for a  term of 190 calendar days from the date of the execution of the  contract. 

Financial Implications: Sanitary Sewer Operation Fund - $455,594

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,624–N.S. (PDF, 65 KB)

18. Contract Amendment: Architectural Services for Hills Fire Station (PDF, 20 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Marcy Li Wong Architects for architectural services for the Hills Fire Station, increasing the contract amount by $13,815 for a new contract amount not to exceed $518,451, with no change to the contract expiration date of December 31, 2006. 

Financial Implications: Measure G Fund - $13,815

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,625–N.S. (PDF, 46 KB)

19. Support Efforts to Maintain AB 2034 Funding (PDF, 94 KB)

From: City Manager

Recommendation: Adopt a Resolution supporting efforts to maintain AB2034 funding.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,626–N.S. (PDF, 54 KB)

20. Application For CalHome Funds (PDF, 255 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the Housing Department to submit an application to the State of California Department of Housing and Community Development (HCD) for up to $600,000 in funding under the CalHome Owner-Occupied Rehabilitation Program.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,627–N.S. (PDF, 56 KB)

21. Grant: 2006 Regional Transportation Improvement Program – Augmentation for Gilman/I-80 Interchange Reconfiguration Project (PDF, 672 KB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Metropolitan Transportation Commission or $1.5 million in funding from the 2006 Regional Transportation Improvement Program Augmentation for the Gilman/I-80 Interchange Reconfiguration Project; accept the grant; and execute any resultant agreements and amendments.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,628–N.S. (PDF, 561 KB)

22. Holocaust Remembrance Day Proclamation (PDF, 29 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council adopts the Holocaust Remembrance Day proclamation.

Financial Implications: None

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

Action:  Approved recommendation.

23. Oppose Governor Schwarzenegger’s Budget Cuts To Education And Transportation (PDF, 32 KB)

From: Councilmember Worthington and Mayor Bates

Recommendation: That the Berkeley City Council opposes the Governor’s budget recommendations to reduce funding to critical transportation programs in the short term and educational programs in the long term.

Financial Implications: None

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

Action:  Approved recommendation.

24. Berkeley Schools Mental Health Partnership (To be delivered, PDF, 4 KB)

From: City Manager

Recommendation: Adopt a Resolution supporting the Berkeley Integrated Resources Initiative and approving an Inter-Agency Agreement with the Berkeley Unified School District for the Berkeley Schools Mental Health Partnership.

Financial Implications: See report

Fred Medrano, Health and Human Services, 981-5100

Action:  Continued to April 24, 2007.

25. Making a More Manageable Move-Out (PDF, 30 KB)

From: Councilmembers Worthington and Wozniak

Recommendation: That the Berkeley City Council authorize $5,000 - $10,000 as a City expenditure to encourage UC to create a trash and materials collection program to facilitate a cleaner move-out process for the end of the school year, in May 2007.

Financial Implications: See report

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

Action:  Approved recommendation.

Public Comment – Items Not Listed on the Agenda – 14

26.            ZAB Appeal: 2701 Shattuck Avenue

a.      From: City Manager (PDF, 53 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit #04-10000014 to construct a 24-unit, mixed-use project, and dismissing the appeal. 

Financial Implications: None

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

b.      Appeal

1.   Rolf Bell (PDF, 901 KB)

c.       Communications (PDF, 376 KB)

1.   Karl Reeh

2.                  Rolf Bell on behalf of Aspasia Nea

3.                  Rolf Bell on behalf of Elizabeth Ditmars and Joan More

4.                  Gale Garcia

5.                  Ernest Machen

Action:  Continued to March 27, 2007.

27.            ZAB Appeal: 651 Addison Street (Drayage)

a.      From: City Manager (PDF, 37 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit #06-10000067 to allow the demolition of an unsafe building. 

Financial Implications: None

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

b.      Appeal

1.   Gale Garcia (PDF, 277 KB)

c.       Communications

1.   Aquatic Park Enterprises LLC (PDF, 352 KB)

2.   Gale Garcia (PDF, 63 KB)

Action: Moved to Consent Calendar and adopted Resolution No. 63,629–N.S. (PDF, 316 KB)

Action Calendar – New Business

28. Contract: Warm Water Pool Preliminary Design and Cost Estimate (PDF, 113 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ELS Architecture and Urban Design, to provide architectural and engineering services for the preliminary design and cost estimating for a new Warm Water Pool on Berkeley Unified School District property at the corner of Milvia and Bancroft, in an amount not to exceed $125,000 for all services and expenses for the term ending December 31, 2007. 

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Adopted Resolution No. 63,630–N.S. (PDF, 54 KB)

29. Amend Program Year 2006 Annual Action Plan (PDF, 84 KB)

From: City Manager

Recommendation: Adopt a Resolution amending the City of Berkeley's Program Year (PY) 2006 Annual Action Plan to enable the City to allocate Community Development Block Grant (CDBG) Funds from the Housing Trust Fund to Affordable Housing Associates, Inc., to complete rehabilitation work at 2121 7th Street, Allston House.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,631–N.S. (PDF, 111 KB)

30. a. Discussion and Direction - Sunshine Ordinance (PDF, 294 KB) (Continued from 5:00p.m. Worksession)

From: Mayor Bates

Recommendation: That the City Council hear from the community panel on its reactions to the current (24th) draft of the Sunshine Ordinance, pose any questions to the panel and staff, hear from the public and then provide guidance on possible changes and next steps towards final adoption of the ordinance.

Fiscal Impacts: See report

Contact: Tom Bates, Mayor, 981-7100

 

b. Access to Berkeley Police Department Information (PDF, 97 KB)  (continued from February 27, 2007, revised report submitted for March 20, 2007 meeting)

From: Councilmember Spring

Recommendation: That Council thank the Police Chief for improving public access to police reports to the public and request the City Manager provide a plan to give public access to Berkeley's Police Department information, including police reports compliant with state law.

Financial Implications: See report

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

Capitelli absent – 9:52 p.m.

Action: (a) Referred to Mayor and City Manager to submit recommendations to proceed on April 24, 2007; (b) Approved.

(Public Comments – 3)

31.  Gilman Fields Project

a. Sign Relocation Agreement/Funding for Gilman Fields Project (PDF, 2 MB)

Recommendation: That the Council 

1.  Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sign Relocation Agreement with CBS Outdoor and the first reading of an ordinance adding new section 20.04.040 to the Berkeley Municipal Code, and authorizing the City Manager to execute a Sign Relocation Agreement with CBS Outdoor: and 

2.  Adopt the first reading of an ordinance adding new section 20.04.040 of the Berkeley Municipal Code, providing for sign relocation agreements pursuant to Business & Professions Code section 5412. and exempting signs authorized under such agreements from design review.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved to Consent Calendar and adopted Resolution No. 63,632–N.S. (PDF, 799 KB) and adopted first reading of Ordinance No. 6,977–N.S.  Second reading scheduled for March 27, 2007.

b. Lease Agreement: Gilman Street Sports Fields (To be delivered, PDF, 4 KB)

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the East Bay Regional Park District for the City to occupy the Gilman property to develop, operate, and maintain the Gilman Street Sports Fields for a twenty-five year term.

Financial Implications: See report

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

Action:  Continued to March 27, 2007.

c. Information Report from City Manager - Construction of Gilman Street Sports Fields (PDF, 109 KB) (To be delivered)

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

Action:  Moved to Consent Calendar and received and filed.

Information Reports

32. LPC NOD: 1300 Martin Luther King Jr. Way (PDF, 5 MB)

From: City Manager

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

Action:  Received and filed.

33. LPC NOD: 2120 Dwight Way (PDF, 3 MB)

From: City Manager

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

Action:  Received and filed.

34. Oxford Plaza and David Brower Center Project Status (To be delivered, PDF, 4 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Action:  Continued to March 27, 2007.

35. Comments on Lawrence Berkeley National Lab Long Range Development Plan Draft Environmental Impact Report (PDF, 706 KB) delivered)

From: City Manager

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

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.

Item 2: BAPAC Proposals - Second Follow-up Report

1.      Wendy Alfsen

Item 34: Oxford Plaza and David Brower Center Project Status

2.      Barbara Gilbert

Commercial/Housing Policy Changes

3.      Mary Ann Clegg

Neglected Dog

4.      Anne Whyte (2)

Miscellaneous

5.      Carol Denney

Shootings – referred to the City Manager (Worthington)

6.      Paul Rauber

7.      Marian Mabel

Wozniak absent – 10:10 p.m.

Public Comments – 1

Supplemental Communications 1 (PDF, 4 KB)

Item 1: Limits on Terms, Membership Designated Commissions

8.      Wendy Alfsen

Item 26: ZAB Appeal: 2701 Shattuck Avenue

9.      Mike Targil (2)

Item 30a: Discussion and Direction - Sunshine Ordinance

10.      Terry Francke, Californians Aware, The Center for Public Forum Rights

Item 34: Oxford Plaza and David Brower Center Project Status

11.      Mary Lou Van Deventer

Item 35: Comments on Lawrence Berkeley National Lab Long Range Development Plan Draft Environmental Impact Report

12.      Tom Kelly

 

Supplemental Communications 2 (PDF, 4 KB)

Item 1: Limits on Terms, Membership Designated Commissions

13.      Jesse Arreguin, Rent Stabilization Board

Item 2: BAPAC Proposals - Second Follow-up Report

14.      Allison Stinson

Item 29: Amend Program Year 2006 Annual Action Plan

15.      Housing Advisory Commission

Item 30a: Discussion and Direction - Sunshine Ordinance

16.      Judith Scherr

17.      Jim Fisher, SuperBOLD

18.      League of Women Voters

Berkeley Iceland

19.  Save Berkeley Iceland

 

Adjournment

Adjourned at 10:14 p.m.