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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.
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.
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
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
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.
