Regular Meeting eSummary
January 24
, 2006

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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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, January 24, 2006

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 – Mayor Bates.

Ceremonial Matters:

1.      Proclamation presented to Karen Robertson Strain, Advocacy Director, American Heart Association, Bay Area in honor of “Wear Red for Women Day.”

2.      Proclamation presented to John Payne and his daughter Lois in recognition of the Berkeley Cougars 30th anniversary.

City Manager Comments:

Housing Director Steve Barton indicated that the roof damage at St. Marks Church, and the resultant closure of their shelter, has resulted in the City reaching its winter shelter capacity.  The City is urging the Dorothy Day Organization, the group who runs the shelter, to find an alternate location for those displaced by the closure.

Public Comment:  11 speakers.

 

Consent Calendar

Action: Moved, seconded, carried (Anderson/Worthington; Absent – Bates) to adopt Consent Calendar in one motion except as indicated:

1.   Amendments to Commission Enabling Legislation (PDF, 4 MB) (First reading January 17, 2006. Noes – Worthington)

From: City Manager

Recommendation: Adopt the second reading of thirteen ordinances to harmonize existing commission enabling legislation with Council’s adoption of a June 14, 2005 meeting reduction plan and to achieve consistency between related ordinances and resolutions with BMC Section 3.03.020.

Financial Implications: None

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

Action: Adopted Ordinance Nos. 6,889–N.S. (PDF, 49 KB), 6,890–N.S. (PDF, 60 KB), 6,891–N.S. (PDF, 55 KB), 6,892–N.S. (PDF, 50 KB), 6,893–N.S. (PDF, 59 KB), 6,894–N.S. (PDF, 49 KB), 6,895–N.S. (PDF, 49 KB), 6,896–N.S. (PDF, 49 KB), 6,897–N.S. (PDF, 66 KB), 6,898–N.S. (PDF, 49 KB), 6,899–N.S. (PDF, 49 KB), 6,900–N.S. (PDF, 49 KB); and 6,901–N.S (PDF, 49 KB). Effective February 23, 2006.

2.   Consolidation of Disaster Council and Fire Safety Commission (PDF, 271 KB) (First reading January 17, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Chapter 2.88 of the Berkeley Municipal Code to include the consolidation of the Disaster Council and Fire Safety Commission and adopt a Resolution rescinding Resolution No. 58,981–N.S. in its entirety.

Financial Implications: See report

Contact: Debra Pryor, Fire and Emergency Services, 981-3473

Action: Adopted Ordinance No. 6,902–N.S. (PDF, 88 KB) Effective February 23, 2006.

3.   Sidewalk Vending of Arts and Crafts, and Flowers (PDF, 189 KB) (First reading January 17, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48 regulating Sidewalk Vending of Arts and Crafts, and Flowers, on Sidewalks and Rights-of-Way, adding a restriction in Section 9.48.070, that flower vendors shall not be permitted within 300 feet of any florist operating from a fixed location, and grandfathers existing sidewalk flower vendors.

Financial Implications: None

Contact: Fran David, Finance, 981-7300

Action: Adopted Ordinance No. 6,903–N.S. (PDF, 332 KB) Effective February 23, 2006.

4.   Formal Bid Solicitations and Request for Proposals (PDF, 200 KB)

From: City Manager

Recommendation: Approve the attached request for proposal that will be or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: General Fund - $42,000

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

5.   Contract: Legal Advisory Services (PDF, 207 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by $45,000 for a new contract amount not to exceed $69,950.

Financial Implications: General Fund - $45,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,189–N.S. (PDF, 44 KB)

6.   Contract: Low Income Energy Services (PDF, 197 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $17,892 for the approximate period January 1, 2006 through December 31, 2006; 2) approving the program priority plans; and
3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: ECIP and LIHEAP Funds - $17,892 increased revenue

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,190–N.S. (PDF, 156 KB)

7.   Development Loan Agreement: 3404 King Street (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Development Loan Agreement between the City and Eunice Ann Finch Resource Center, a division of the Fred Finch Youth Center, for 3404 King Street to expand the eligible age of the youth served by the project to ages 14 to 25.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,191–N.S. (PDF, 42 KB)

8.   Changing Name of Solid Waste Management Commission to Zero Waste Commission (PDF, 1 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 3.40, changing the name of the Solid Waste Management Commission to the Zero Waste Commission, and revising the description of its functions to reflect its current mandate.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted first reading of Ordinance. Second reading scheduled for February 7, 2006.

9.   Contract: Landfill Post-closure Maintenance (PDF, 91 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with SCS Field Services, authorizing a one-year extension and increasing the amount by $100,000, for a total amount not to exceed $350,000 to provide engineering services for the landfill post-closure monitoring and maintenance project at Cesar Chavez Park and extending the contract to March 31, 2007.

Financial Implications: Refuse Fund - $100,000

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

Action: Adopted Resolution No. 63,192–N.S. (PDF, 49 KB)

10. Impact on Staff Resources for Additional Council Meetings (PDF, 43 KB)

From: Councilmember Spring

Recommendation: Request that the City Manager give a summary of the average number of staff hours and expenses it takes to produce a council meeting, detailing a number of staff people and hours spent on the agenda committee, printing agendas, meetings on agendas, preparing the council chambers, providing the food, staffing the council meetings, pre-and post Council meetings for city staff.

Financial Implications: None

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

Action: Approved recommendation.

11. Contract and Grant: 2006-2007 Community Services Block Grant (PDF, 138 KB)

a.      From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant (CSBG) Contract Number 06F-4701 for a total of $347,112 and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2006 to December 31, 2007.

Financial Implications: Community Action Program Fund - $347,112 Grant Revenue

Contact: Kristen Lee, Secretary, 981-5427

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,193–N.S. (PDF, 34 KB)

12. Appointments to the Mental Health Commission (PDF, 121 KB)

a.      From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Linda Smith and Pamela Wilson to the Mental Health Commission, Special Public Interest Category for three-year terms beginning January 25, 2006 and ending January 24, 2009.

Financial Implications: None

Contact: Harvey Tureck, Secretary, 981-5123

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the report.

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

Action: Adopted Resolution No. 63,194–N.S. (PDF, 33 KB)

Action Calendar – Public Hearing

13.  ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors)

a.      From: City Manager (PDF, 28 MB)

Recommendation: Conduct a public hearing and upon conclusion, determine whether Dwight Way Liquor is a public nuisance, and if so, make an appropriate abatement order.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      David Bryden (PDF, 982 KB)

c.       Communications:

None.

Public Testimony: Councilmember Moore announced he was recusing himself due to his partner’s ownership of a property adjacent to Dwight Way Liquors.  Vice Mayor Wozniak opened the public hearing. 11 speakers.

Action: Moved, seconded, carried (Capitelli/Anderson; Absent – Bates, Moore) to continue the public hearing to February 7, 2006.

 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

14.  Standards for Care of Dogs Kept Outdoors (Held over as amended from January 17, 2006)

a.      From: Citizens Humane Commission (PDF, 81 KB) (First Reading December 13, 2005 – Unanimous)

Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep their dogs outdoors. This includes shelter, water, feeding and confinement.

Financial Implications: None

Contact: Kate O’Conner, Secretary, 981-6601

b.      From Councilmember Spring (PDF, 59 KB) (January 17, 2006)

Recommendation: Adopt first reading of an amended ordinance adding to the Berkeley Municipal Code 10.04.140 specifying requirements for minimum care for guardians/owners who keep their dogs outdoors.

Financial Implications: None

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

Action: Moved, seconded, carried (Spring/Worthington; Absent – Bates) to refer the issue to the Citizens Humane Commission and City Attorney and rescind the first reading of the ordinance.

15.  Cell Phone Base Antennas (Held over from January 17, 2006)

a.      From: Community Health Commission (PDF, 268 KB)

Recommendation: Require the installation of cell phone base stations to meet the highest standard of human health and safety requirements that exists anywhere in the world (e.g. 1/100 of current U.S. standards).

Financial Implications: None

Contact: Peggy Gibbons, Secretary, 981-5127

b.      Cell Phone Base Antennas (PDF, 137 KB)

Recommendation: Re-state that federal law preempts the Community Health Commission’s recommendation, and defer any other action pending a report due May 2006 from the Health Officer to the City Council on radio frequency (RF) exposures.

Financial Implications: None

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

c.       City Attorney Opinion (PDF, 102 KB) (To be delivered) 

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Moved, seconded, carried (Spring/Anderson; Absent – Bates) to adopt the City Manager’s recommendations: 1) that the City’s Health Officer come back to Council in May 2006 with a report on the possible health effects of the City’s uses of RFID technology; and, 2) that staff continue to pursue the feasibility of a citywide wireless internet system; and, additionally, request that the staff report to Council in May include an evaluative report on cases in which other cities have both approved and rejected similar technological applications.

16. Amending the Coast Live Oak Moratorium Ordinance (PDF, 153 KB) (Held over from January 17, 2006)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Coast Live Oak Moratorium Ordinance to add the following:  1) any pruning of a Coast Live Oak that is excessive and injurious to the tree is prohibited; and 2) excessive and injurious pruning is defined as the removal of more than one-fourth of the functioning leaf, stem or root system of a tree in any 24-month period.

Financial Implications: None

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

Action: Moved to Consent by Councilmember Worthington.  Moved, seconded, carried (Anderson/Worthington; Absent – Bates) to adopt first reading of Ordinance. Second reading scheduled for February 7, 2006.

Action Calendar – New Business

17.  Application: HUD Section 108 Loan Guarantee for the Oxford Plaza and David Brower Center (To be delivered)

a.      From: City Manager (PDF, 214 KB)

Recommendation: Adopt a Resolution: 1) approving participation in the U.S. Department of Housing and Urban Development's (HUD) Section 108 Loan Guarantee Program and authorizing the submission of a HUD Section 108 Loan Guarantee Program application for the Oxford Plaza and David Brower Center development in the amount of $4,000,000; and
2) authorizing the use of current and future Community Development Block Grant funds to secure a loan for the Oxford Plaza and David Brower Center up to the amount of $4,000,000.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

b.      Information Report from Housing Advisory Commission (PDF, 145 KB)

Contact: Oscar Sung, Secretary, 981-5410

Action: Moved, seconded, carried (Moore/Worthington; Noes – Olds) to adopt Resolution No. 63,195–N.S. (PDF, 54 KB)

Information Reports

18. Parcel Based Special Taxes, Fees, and Assessments Audit - Status Report (PDF, 197 KB) (CF 11-05)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

 

Communications (PDF, 4 KB)

Parks Closed

1.      Jim Molmen

BOLT Brown Act Violation  (Spring)

2.      Jane Welford, SuperBOLD

Measuring Public Programs

3.      Barbara Gilbert

Permit for Strike Rat

4.      Judy Shelton

Berkeley Crime

5.      Charles T. Tart

Sewer Lateral Maintenance Program

6.      Barbara Gilbert

Liability for Public Employee Pension Plans

7.      Barbara Gilbert

Caltrans Grant for Development of Air Rights at Ashby BART Station

8.      Osha Neumann

Opposed Development and Loss of Parking Lots

9.      Walter Wood

 

Supplemental Reports and Communications 1 (PDF, 4 KB)

Item 13: ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors) ~ Supplement 1 File  (PDF, 441 KB)

10.  Edith Carrigan-Rivas Plata

11.  Richard King

12.  Stefanie V. Head

13.  The Greenan Family

14.  Harlan N. Head

15.  Ryan Bell and Brittni Milam

Item 15: Cell Phone Base Antennas

16.  To Be Delivered: City Attorney Opinion (PDF, 102 KB)

17.  Revised City Attorney Opinion (PDF, 273 KB)

18.  Kate Bernier

Item 16: Amending the Coast Live Oak Moratorium Ordinance

19.  Dawn, Roy, and Kathleen Whalin

To Be Delivered Item 17: Application: HUD Section 108 Loan Guarantee for the Oxford Plaza and David Brower Center

20.  Report, submitted by the Housing Department (PDF, 214 KB)

21.  Report, submitted by the Housing Advisory Commission (PDF, 145 KB)

 

Supplemental Reports and Communications 2 (PDF, 4 KB)

Item 13: ZAB Appeal: 2440 Sacramento Street (Dwight Way Liquors)

22. California Department of Alcoholic Beverage Control License Query System Summary, submitted by Code Enforcement (PDF, 163 KB)

Item 15: Cell Phone Base Antennas

23.  Peter Teichner

24.  Corrine Goldstick

Item 16: Amending the Coast Live Oak Moratorium Ordinance

25.  Jason Kaldis Architect, Inc.

Alta Bates ER Plans  (Worthington)

26.  Julie Gordon Shearer

 

Adjournment

Adjourned at 9:50 p.m. in honor of the United Nations Holocaust Remembrance Day.