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AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
November 29, 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.
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. Purchase of Property
for the Codornices Creek Project (First Reading November 15, 2005
- Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing
purchase from Alameda County of tax-defaulted real property, Assessor’s Parcel
Number (APN) 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
2. Ellis Bill Relocation Fees (First Reading November 15,
2005. Noes - Olds; Abstain - Wozniak)
From: Rent Stabilization Board
Recommendation: Adopt second 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
3. Instant Runoff Voting
From: City Manager
Recommendation: Urge the Alameda County
Board of Supervisors and Alameda County Registrar of Voters to select a new
election voting system that supports instant runoff voting and require in
contract negotiations that the instant runoff voting component be certified by
the Secretary of State and available for use by cities that desire it in time
for the November 2006 elections.
Financial Implications: Unknown at this time.
Contact: Sherry M. Kelly, City Manager, 981-7000
4. Hurricane Katrina
Disaster Fund and Future Disaster Fund
From: City Manager
Recommendation: Adopt a Resolution establishing a new
fund (Fund 693) for the purpose of accounting for expenditures associated
with the Hurricane Katrina disaster, and establishing another fund (Fund 694)
to account for expenditures of the next future disaster for which the City will
receive reimbursements from Federal or State agencies.
Financial Implications: See report
Contact: Fran David,
Finance, 981-7300
5. Formal Bid Soliciations and
Request for Proposals
From: City Manager
Recommendation: Approve the attached request for
proposals that will be, or are planning to be, issued upon final approval by
the requesting department or division.
Financial Implications: Various Funds - $2,908,000
Contact: Fran David,
Director, Finance, 981-7300
6. Fee Assessment -
State of California Self-Insurance Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing payment
to the State of California Department of Industrial Relations for fiscal
year 2006 fees assessed for administering the Workers' Compensation Program, in
an amount not to exceed $130,000.
Financial Implications: Workers'
Compensation Self-Insurance Fund - $130,000
Contact: David W. Hodgkins, Human Resources, 981-6800
7. Budget Referral:
Facility Rental Funding for BORP (PDF, 133 KB)
From: Mayor Bates
Recommendation: Refer to the mid-year budget
process this request to authorize $3,424 this fiscal year and $3,673 next
fiscal year to cover a portion of the increased facility rental costs
associated with Bay Area Outreach and Recreation Program's disabled recreation
programs at James Kenney Park.
Financial Implications: $7,097 in one-time funds over two fiscal years
Contact:
Tom Bates, Mayor, 981-7100
8. Retention
Plan for
Clif Bar in West Berkeley (PDF, 45 KB)
From: Councilmember Maio
Recommendation: Request that the City Manager work actively with staff to develop a
strategy to retain Clif Bar, a homegrown and green business in Berkeley.
Financial Implications: See report
Contact: Linda Maio,
Councilmember District 1, 981-7110
9. Rosa Parks Commemoration Day
(PDF, 42 KB)
From: Councilmember Moore
Recommendation: Adopt a Resolution designating December 1st as “Rosa Parks Commemoration
Day.”
Financial Implications: None.
Contact: Darryl Moore,
Councilmember District 2, 981-7120
10.
Oppose the execution of Stan "Tookie" Williams
(PDF, 49 KB)
From: Councilmember Worthington
Recommendation: Oppose the execution of Stan "Tookie" Williams on December 13,
2005, and urge Governor Schwarzenegger to grant executive clemency to Mr.
Williams.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
11.
Affordable
Housing
Loophole (PDF, 29 KB)
From: Councilmember Worthington
Recommendation: Refer to the Planning Commission to consider whatever policy or policies
are needed for closing the "4 + 4
= 4" loophole which is being used
to avoid building affordable housing by defining up to four units as live work
and up to four units as rental, thereby circumventing the important public
priority of the inclusionary requirement that if you build five or more units,
twenty percent should be affordable.
Financial Implications: Staff time
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
12.
Support the National Day of Counter-Recruitment
(PDF, 30 KB)
From: Councilmember Worthington
Recommendation: Endorse the National Day of Counter-Recruitment on December 6, 2005,
organized by the Campus Anti-War Network.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
Action
Calendar - Presentation
13.
Landmarks Preservation Ordinance
From: Mayor Bates
Contact: Tom Bates, Mayor,
981-7100
Action
Calendar – Public Hearing
14.
Administrative Fees
- Inclusionary Housing Program
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an
Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 which
authorizes the City Council to set fees by Council Resolution and adopt a
Resolution, to be effective upon the effective date of the Ordinance, approving
the Inclusionary Housing Program administrative fees specified in the
Resolution.
Financial Implications: None
Contact: Stephen Barton,
Housing, 981-5400
15.
Grant: Citizen's
Option For Public Safety
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution
authorizing the City Manager to appropriate $150,830 in California Citizen’s
Option For Public Safety grant funding for Fiscal Year 2006 to be used for a
youth services counselor, volunteer coordinator, police aides, crime analysis,
DNA testing, County of Alameda information systems data sharing costs, and
other equipment needs; and to appropriate the remaining year-end fund balance
from prior years of $92,601 to be used to pay overtime for department-wide
basic Community Involved Policing training, professional instructors, ongoing
CIP update training and activities, property crimes mitigation, and other
equipmentneeds,andmake any amendments thereto.
Financial Implications: Grant Funds - $243,431
Contact: Douglas N.
Hambleton, Police, 981-5700
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 – Old Business
16. 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
17.
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
18.
Support Commission Diversity (Held over as amended from November 15, 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
19.
Wireless Internet (Held over as amended from November 15, 2005)
From: Councilmembers Capitelli, Maio, Moore and Anderson
Recommendation: Request the City Manger have staff research the possibilities and
requirements for a Berkeley citywide wireless internet system, prepare a report
and present it to the City Council by March 2006.
Financial Implications: See report
Contact: Laurie Capitelli, District 5, 981-7150; Linda
Maio, Councilmember District 1, 981-7110; Darryl Moore, District 2, 981-7130;
Max Anderson, District 3, 981-7130
Action Calendar – New Business
20. 2901 Otis Street -
Landmarks Preservation Commission Designation as Structure of Merit
a. From:
City Manager (November
29, 2005)
Recommendation: Adopt a Resolution
overturning the Landmarks Preservation Commission’s Structure of Merit
designation.
Financial Implications: None
Contact:
Dan Marks, Planning, 981-7400
b. 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
2901 Otis Street - Landmarks Preservation Commission
Designation as Structure of Merit
c. Appeal
1. Eric
Geleynse, Xin Jin and Danny Tran
d. Communications
(November 15,
2005)
1. D.
Mayeron
2.
David Ramin, Shari Ser, D. Mayeron
21.
2901 Otis Street
a. From:
City Manager (November
29, 2005)
Recommendation: Adopt a Resolution approving Use Permits to demolish a single-family home
and constructing a three-story tri-plex.
Financial Implications:
Contact: Dan Marks, Planning,
981-7400
b. 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
c. Appeal
1. David
Ramin, Shari Ser and D. Mayeron
d. Communications
(November 15,
2005)
1. D.
Mayeron
2.
David Ramin, Shari Ser, D. Mayeron
e. Communications
(October 18,
2005)
1. David
Ramin, Shari Ser, D. Mayeron and Ross Blum
f.
Supplemental Reports and Communications #1 (October 18, 2005 - Numbering follows original
sequence)
28. Robert Lauriston
22.
Amendment to FY 2006
Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2006 Annual
Appropriations Ordinance No. 6862 based upon recommended re-appropriation of
committed FY 2005 funding and other adjustments authorized since July 1, 2005,
in the amount of $48,323,485 (gross) and $46,272,006 (net).
Financial Implications: See report
Contact: Phil Kamlarz, City
Manager, 981-7000
23.
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
24.
Near-Relative Policy
for Community Agencies
From: City Manager
Recommendation: Adopt a Resolution approving a near-relative policy applicable to
community agencies and authorizing the City Manager to implement the policy
through immediate voluntary compliance of community agencies; and authorizing
the City Manager to include this policy in Community Agency Contract
provisions.
Financial Implications: None
Contact:
Stephen Barton, Housing, 981-5400
25. Purchase Order
Audit: Select Public Works Divisions at the Corporation Yard
From: City Manager
Contact: Claudette Ford,
Public Works, 981-6300
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.
