Agenda Committee Item #4
Council Draft Agenda - November 15, 2005

printer friendly pdf

Printer-friendly PDF* draft agenda: (243 KB)

 

 

Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 

Note: 

  • 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.

~~~~~~~~~~~~~~~~~~~~~

DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 15, 2005

7:00 P.m.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.
 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Youth Comments: A total of 15 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.


Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of October 11 (closed) October 18, 2005 (special and regular) and October 25, 2005 (special and regular).

Financial Implications: None

Contact: Sara T. Cox, City Clerk, 981-6909

2.      Needle Exchange Emergency Distribution

From: City Manager

Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Financial Implications: None

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

3.      Contract: Pre-Apprenticeship Training

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Oakland Private Industry Council for pre-apprenticeship construction training to be provided by the Cypress Mandela/WIST (Women in Skilled Trades) Program for the period December 1, 2005 through December 31, 2006 in amount not to exceed $44,800.

Financial Implications: General Fund $44,800

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

4.      Measure A Funds: School Nurse Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept Measure A funds from Alameda County in the amount of $225,000 to develop a system for families, teachers, and school staff to refer elementary school aged children and their families to Public Health Nursing; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the funding.

Financial Implications: Alameda County School Nurse Fund - $225,000

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

5.      Purchase of Property for the Codornices Creek Project

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing purchase from Alameda County of tax-defaulted real property, Assessor's Parcel Number 060-2385-10, required for the Lower Codornices Creek Restoration and Site Improvement Project in an amount not to exceed $2,200.

Financial Implications: Parks Tax Fund - $2,200

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

6.      Grant: Hazardous Materials Emergency Planning

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) accept grant funds in the amount of $42,000 from the Governor's Office of Emergency Services for a Comprehensive Emergency Planning Project; 2) execute any resultant revenue agreements and amendments; and, 3) authorize the implementation of projects and appropriation of funding for grant related expenses.

Financial Implications: Grant Revenue - $42,000; $8,400 matching funds (staff time)

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

7.      Contract: Sanitary Sewer Project

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Shattuck Avenue between University Avenue and Rose Street; accepting the bid of Insituform Technologies, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $300,091 from the Sewer Capital Improvement Fund for the period of 120 calendar days.

Financial Implications: Sewer Capital Improvement Project - $300,091

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

8.      Ed Roberts Campus Transportation for Livable Communities Grant Application (PDF, 25 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency (CMA) Transportation for Livable Communities (TLC) Capital Program, FY 2006-09 for funds in an amount up to $3,000,000 in FY2006-07 for transportation enhancements related to the Ed Roberts Campus at the Ashby BART Station; and accept the grant, and execute any resultant agreements and amendments.

Financial Implications: Grant Revenue - $3,000,000; no matching funds required

Contact: Tom Bates, Mayor, 981-7100

9.      Wireless Internet (PDF, 397 KB)

From: Councilmembers Capitelli, Moore and Anderson

Recommendation: Request that the City Manager have staff research the possibilities and requirements for a Berkeley citywide wireless Internet system, prepare a report and present it to Council by January 2006.

Financial Implications: See report

Contact: Laurie Capitelli, District 5, 981-7150; Darryl Moore, District 2, 981-7130; Max Anderson, District 3, 981-7130

10.  Heat Illness Regulation (PDF, 25 KB)

From: Councilmember Worthington

Recommendation: Urge the California State Occupational Safety and Health Administration  (Cal/OSHA) to create a permanent and vigorously enforced heat illness regulation.

Financial Implications: None.

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

11.  Support UC Students Association (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Support the University of California Students Association in urging the UC Regents to vote against a proposed student fee increase and vote for a restoration of the original 33% return to institutional aid policy.

Financial Implications: None

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

12.  Ellis Bill Relocation Fees (PDF, 81 KB)

From: Rent Stabilization Board

Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.77.055 to require relocation allowance payments to all tenants evicted pursuant to California’s Ellis Act.

Financial Implications: None

Contact: Jay Kelekian, Rent Stabilization Board, 644-6128

13.  Cities Against the Death Penalty

a.   From: Peace and Justice Commission (PDF, 331 KB)

Recommendation: Vote to join “Cities Against the Death Penalty;” to decorate a monument, building, or other site to be determined by the City Manager’s Office and the Mayor’s Office to symbolize its support, from November 28 to November 30, 2005; to designate the Peace and Justice Commission as the “reference” for the initiatives of the World Campaign as indicated in the bullet points from “Cities Against the Death Penalty;” and to pursue any other points on that bullet list it considers appropriate.

Financial Implications:

Contact: Manuel Hector, Secretary, 981-5110

b.   From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

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

14.  Downing Street Memo

a.   From: Peace and Justice Commission (PDF, 34 KB)

Recommendation: Adopt a Resolution directing the City Manager to send a letter urging prompt answers to the questions raised by the Downing Street memo and related information per House Resolution No. 375, along with a copy of the Council Resolution on this matter, to President Bush; and that copies be sent to Representatives John Conyers, Jr., Barbara Lee and Tom Lantos, and Senators Barbara Boxer and Dianne Feinstein.

Financial Implications: None

Contact: Manuel Hector, Commission Secretary, 981-5110

b.   From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the Commission.

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

15.  Humanitarian Aid for Victims of Disasters

a.   From: Peace and Justice Commission (PDF, 26 KB)

Recommendation: Adopt a Resolution urging the United States to accept international offers of medical and humanitarian aid for victims of disasters without regard to partisan political calculations, and send a copy of this Resolution along with a cover letter to President George Bush, Senators Barbara Boxer and Dianne Feinstein, and Representative Barbara Lee.

Financial Implications:

Contact: Manuel Hector, Secretary, 981-5110

b.   From: City Manager

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

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

Action Calendar – Appeals

16.  1532 Martin Luther King, Jr. Way - Use Permit #04-10000079

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #04-10000079 to demolish an existing dwelling unit in order to construct three dwelling units, and dismissing the appeal.

Financial Implications: None

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

17.  2235 Derby Street - Use Permit #05-10000043

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit #05-10000043 to add 55 square feet to a single-family dwelling that is non-conforming due to density and setbacks and allow an increase in height from 10 feet six inches to 13 feet, 11 inches.

Financial Implications: None

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

18.  1617 Seventh Street - Administrative Use Permit #04-20000158

From: City Manager

Recommendation: Adopt a Resolution remanding the decision of the Zoning Adjustments Board to eliminate a condition of approval in Administrative Use Permit # 04-20000158 to construct a 525 square-foot habitable accessory building with one parking space, with an average height of 10 feet, located 4-feet, 6 inches from the property line.

Financial Implications: None

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

 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.


Action Calendar – Public Hearing

19.  2901 Otis Street

a.      From: City Manager (October 18, 2005)

Recommendation: Review the appeal of the Zoning Adjustments Board decision regarding 2901 Otis Street, to approve: 1) a permit to remove roof and more than 50 percent of exterior walls of existing dwelling; 2) a permit to construct two additional dwelling units; and 3) an Administrative Use Permit to locate two parking spaces within 10 feet of rear windows of proposed building, and set for a public hearing.

Financial Implications: None

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

b.      Appeal

1.      David Ramin, Shari Ser and D. Mayeron

c.       Communications (October 18, 2005)

1.      David Ramin, Shari Ser, D. Mayeron and Ross Blum

d.      Supplemental Reports and Communications #1  (October 18, 2005 - Numbering follows original sequence)

28.      Robert Lauriston

20.  2901 Otis Street - Landmarks Preservation Commission Designation as Structure of Merit

a.      From: City Manager (October 18, 2005)

Recommendation: Review the appeal of Landmarks Preservation Commission decision to designate the building at 2901 Otis Street as a Structure of Merit, and set the matter for public hearing on November 15, 2005.

Financial Implications: None

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

b.      Appeal

1.      Eric Geleynse, Xin Jin and Danny Tran

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.

21.  Objections to Property Lien Against 2020 Third Street and 651 Addison Street

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution rejecting the property owner’s objection to the cost of the administrative fines at 651 Addison Street and 2020–2060 Third Street, and allowing the property lien to be recorded as written and approved by the City Attorney and City Manager.

Contact: Debra Pryor, Fire, 981-5500

22.  Downtown Berkeley Business Improvement District Assessment

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions:  1) confirming the 2006 Annual Report of the Downtown Business Improvement District (BID) and levy an annual assessment for the Downtown BID for calendar year 2006; and
2) authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association Main Street Program for $250,000 of Downtown BID funds to support Downtown revitalization.

Financial Implications: BID Revenue - $250,000

Contact: Thomas A. Myers, Economic Development, 981-7530

23.  Solano Avenue Business Improvement District Assessment

From: Economic Development

Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution confirming the 2005 Annual Report of the Solano Avenue Business Improvement District  (BID), thereby levying an annual assessment for the Solano Avenue BID for calendar year 2006; and adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Solano Avenue Association for $35,000 of BID funds.

Financial Implications: BID Revenue - $35,000

Contact: Thomas A. Myers, Office of Economic Development, 981-7530

Action Calendar – Old Business

24.  Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance  (Held over from October 18, 2005)

a. From: City Manager (October 25, 2005)

Recommendation: Provide direction to staff by selecting one of the following options: 

1.      Refer the Councilmembers’ request to the Planning Commission for its consideration and for staff to return in January with a discussion of when a revised ordinance can be recommended by the Planning Commission and whether undertaking this project would delay other work already programmed for this year; or

2.   a.   Direct staff to prepare an Urgency Ordinance modifying the Zoning Ordinance to make any addition above the first floor subject to discretionary review in the same manner as major residential additions, and modify the definition of a story, and bring it to the City Council for adoption by a 4/5 vote by December 13th; and

      b.   Refer the matter to the Planning Commission for consideration by the end of the term of the urgency ordinance, as it may be extended by the Council, but in any event no more than two years (the maximum permitted duration of an interim ordinance). 

In either case, the Council needs to provide direction to staff as to the geographic area to be covered by the interim ordinance (e.g., limited to the Hill Overlay district, or applied to all residential districts where major residential additions are allowed) and whether a first story as-of-right addition should be limited to the current 500 square feet or be expanded to 700 square feet; or

3.       Request that this issue return as part of Council’s consideration of the 2006-07 Planning Department Work Program. 

Financial Implications: See report

Contact: Dan Marks, Planning, 981-7400

b.   From: Councilmembers Olds and Wozniak (October 18, 2005)

Recommendation: Refer to the Planning Commission the following issue for discussion and return to the City Council within 120 days with recommendations for proposed modifications to the language of the Zoning Ordinance: 1) an addition of up to 700 sq. ft within the required setbacks be permitted on the first floor of a residence, by right with a zoning certificate; 2) an addition of up to 500 sq ft. to a second story and higher stories require an Administrative Use Permit; 3) clarify the language in the Zoning Ordinance on how many feet constitute a story in residential construction.

Financial Implications: None

Contact: Betty Olds, Councilmember District 6, 981-7160 and Gordon Wozniak, Councilmember District 8, 981-7180

25.  Disappearing Newsracks and the Constitutionality and Practicality of the Interpretation and Implementation of Newsrack Regulations (Held over from October 18, 2005)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager to review city ordinances, interpretations, and operations in regards to Newsrack regulation. As one part of this review, to invite persons responsible for distribution of newspapers to identify problem areas, including but not limited to the disappearance of newsracks without notification to the newspapers, possibly eliminating the part of the City ordinance that allows City removal of newsracks with zero notice, and making sure that the City is not creating impediments to fair placement for all publications.

Financial Implications: Staff time

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

26.  Support Commission Diversity (PDF, 27 KB) (Held over as amended from October 18, 2005)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution to: 1) encourage City Councilmembers to actively seek to fill vacant positions with consideration of the needs and benefits of a more representative and diverse commission roster; and 2) implement semi-annual reviews of its progress to determine if additional steps should be taken to ensure that these goals are met.

Financial Implications: None

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

27.  Support Sutter Health Employees (Held over from October 18, 2005)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution in support of Sutter Health employees at the California Pacific Medical Center and the Federal Mediator’s proposed Settlement Agreement.

Financial Implications: None

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

28.  Questions Regarding Radio Frequency Identification Devices (Held over from October 18, 2005)

a.   From: Councilmember Spring (PDF, 2 MB) (November 15, 2005)

Recommendation: Request the City Manager to send a letter to the City of Berkeley Library Director and the Library Board of Trustees requesting: 1) a response to the September 21, 2005 and recent letters from SEIU library employees union asking for a list of the actual and estimated costs of the Radio Frequency Identification Devices including impacts on library staff (including staff positions cut or unfilled since 2002) as well as service impacts on the public; and
2) questioning why the existing barcode system can not be used in lieu of RFID technology; and 3) requesting that the Library Board of Trustees in light of the library employees concerns reevaluate whether it's in the our best interest to continue with RFID technology in the Berkeley library; and 4) refer to the City Attorney questions regarding the RFID contract and related issues by any member of the public.

Financial Implications: None

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

b.   From: Councilmember Spring (October 18, 2005)

Recommendation: Request the City Manager to send a letter to the City of Berkeley Library Director and the Library Board of Trustees requesting: 1) a response to the September 21, 2005 letter asking for a list of the actual and estimated costs of the Radio Frequency Identification Devices (RFID), including staff positions cut or unfilled since 2002; 2) questioning why the existing barcode system is not being used in lieu of RFID technology; and 3) requesting that the Library Board of Trustees seriously evaluate whether it is in the public’s interest to continue with RFID technology in the Berkeley library.

Financial Implications: None

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

Action Calendar – New Business

29.  Bevatron at Lawrence Berkeley National Laboratory

From: City Manager

Recommendation: Discuss and provide direction for comments on the Draft Environmental Impact Report (DEIR), which are due December 7, 2006.

Financial Implications: See report

Contact: Dan Marks, Planning, 981-7400

30.  Survey to Identify Sources for Increasing Fees for Lead Abatement Services (PDF, 315 KB)

From: Councilmember Olds

Recommendation: Discuss the request from the Alameda County Lead Abatement Program to contribute $10,000 to the cost of a survey to be conducted by Tramutola and Godbe research to identify voter sentiment on raising fees for lead abatement programs in Alameda County.

Financial Implications: $10,000

Contact: Betty Olds, Councilmember District 6, 981-7160

31.  Recommendations on Caldecott Tunnel EIR

a.   From: Transportation Commission (PDF, 254 KB)

Recommendation: Request that the City Manager: 1) ensure that Berkeley’s Office of Transportation has adequate staffing and funds for the review of and response to Caltrans’ draft EIR when it is released. If there is not enough in-house staffing, then funds should be provided to hire a consultant; 2) request that Caltrans conduct, as part of the current environmental studies, a detailed study of what impacts the project will have on traffic along the primary local routes in southeast Berkeley (defined as the area encompassing from Dwight Way to the Oakland border in the north-south direction and from SR-24/Tunnel Rd. to Adeline St./Martin Luther King Jr. Way in the east-west direction) and potential mitigation measures for these impacts. Traffic models used must represent existing conditions in Berkeley; 3) request that Caltrans expand the scope of the EIR to include a full consideration of the traffic safety impacts to bicyclists and pedestrians along the primary local routes in southeast Berkeley and potential mitigation measures for these impacts; 4) request that Caltrans use models that are appropriate for the study. The SR-24 corridor is a unique area and standard Caltrans models may not be adequate for the study. For example, the curvature and topography of SR-24 present different conditions for noise propagation and attenuation than straight highways through flat land; and 5) request that Caltrans’ transit study include service and impacts in Alameda County and be complete at the time of the Caldecott Improvement Project public hearings, so those hearings may include transit information and provide a complete picture of potential improvements.

Financial Implications: See report

Contact: Claudette R. Ford, Public Works, 981-6303

b.   From: City Manager (PDF, 26 KB)

Recommendation: Support the technical recommendations of the Transportation Commission regarding the scope of study of the Caldecott Tunnel Fourth Bore EIR (September 15, 2005 Transportation Commission recommendations 2 to 5, inclusive) and refer the issue of staff review of the draft EIR to the City Manager.

Financial Implications: See report

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

Information Reports

32.  Amendment to Fiscal Year 2006 Audit Plan

From: Auditor

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

33.  Customer Service Cash Receipts/Cash Handling Audit - Status Report (CF63-04)

From: City Manager

Contact: Fran David, Finance, 981-7399

34.  1116–1132 University Avenue, Berkeley – Certification and review of Planning Commission approval of Tentative Tract Map 7661

From: City Manager

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


Communications

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.

None.
 

Adjournment