Roll Call: 7:05
p.m. All present.
Ceremonial Matters:
1.
Proclamation presented recognizing The Mechanics Bank as the
first Green Certified bank in Berkeley and the Bay Area
City Manager Comments: There will be an open house at the Family,
Youth and Children’s Clinic at 3282 Adeline Street on Thursday, November 17
from 4:00 to 7:00 p.m.
Public Comment: 14 speakers.
Youth Comments: 10
speakers.
Action: Moved, seconded, carried
(Moore/Maio) to adopt Consent Calendar in one motion except as indicated:
1.
Minutes for Approval (PDF, 363 KB)
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, 981-6900
Action: Approved minutes.
2.
Needle Exchange Emergency Distribution (PDF, 22 KB)
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
Action: Adopted Resolution No. 63,102–N.S.
(PDF, 101 KB)
3.
Contract: Pre-Apprenticeship Training (PDF, 146 KB)
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/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
Action: Adopted Resolution No. 63,103–N.S.
(PDF, 97 KB)
4.
Measure A Funds: School Nurse Project (PDF, 115 KB)
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
Action: Adopted Resolution No. 63,104–N.S.
(PDF, 95 KB)
5.
Purchase of Property for the Codornices Creek Project
(PDF, 349 KB)
From: City Manager
Recommendation: Adopt first 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
Action: Adopted first reading of Ordinance. Second reading scheduled for November 29,
2005.
6.
Grant: Hazardous Materials Emergency Planning (PDF, 145
KB)
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 (OES)
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
Action: Adopted Resolution No. 63,105–N.S.
(PDF, 79 KB)
7.
Contract: Sanitary Sewer Project (PDF, 382 KB)
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
Action: Adopted Resolution No. 63,106–N.S.
(PDF, 86 KB)
8.
Ed Roberts Campus Transportation for Livable Communities Grant
Application (PDF, 22 KB)
From: Mayor Bates and Councilmembers Anderson and Worthington
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; Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington,
Councilmember District 7, 981-7170
Action: Adopted Resolution No. 63,107–N.S.
(PDF, 145 KB)
9.
Heat Illness Regulation (PDF, 23 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
Action: Approved recommendation.
10.
Support UC Students Association (PDF, 24 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
Action: Approved
recommendation as amended to add Councilmember Spring as a co-sponsor.
11.
Ellis Bill Relocation Fees (PDF, 254 KB)
a. From: Rent Stabilization Board
Recommendation: Adopt the 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
b.
From: City Manager
Recommendation:
The City Manager concurs with the content and recommendations of the
report.
Contact:
Phil Kamlarz, City Manager, 981-7000
Action: Removed from
Consent by Councilmember Wozniak.
Moved, seconded, carried (Worthington/Spring; Noes – Olds; Abstain –
Wozniak) to adopt first reading of
Ordinance. Second reading scheduled for November 29, 2005.
12.
Downing Street Memo (PDF, 162 KB)
a. From: Peace and Justice Commission
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
Action: Adopted Resolution
No. 63,108–N.S. (PDF, 258 KB) (Abstain – Capitelli and Olds)
13.
Humanitarian Aid for Victims of Disasters (PDF, 132 KB)
a. From: Peace and Justice Commission
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: Removed from Consent by Councilmember
Wozniak. Moved, seconded, carried
(Wozniak/Worthington) to adopt Resolution No. 63,109–N.S.
(PDF, 96 KB) as amended so the
enabling clause reads: “City of Berkeley requests the United States accept
international offers of medical and humanitarian aid for victims of disasters,
like the offers from Cuba, Israel, Venezuela and Nicaragua, without regard
to…”.
Action Calendar – Appeals
14.
1532 Martin Luther King, Jr. Way - Use Permit No. 04-10000079
a. From: City Manager
(PDF, 182 KB)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
(ZAB) to approve Use Permit No. 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
b.
Appeals
1.
Kiran and Laura Singh, Emma Davenport, Gabriel and Jennifer
Griego, Kim Kruckel and Danny Baptista, Gus Baldauf and Ashley Hamlett
(PDF, 549 KB)
c. Communications
1. Wallace
Whittier (PDF, 483 KB)
Action: Moved, seconded,
carried (Maio/Spring) to set for a public hearing.
15.
2235 Derby Street - Use Permit No. 05-10000043
a. From: City Manager
(PDF, 177 KB)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
to approve Use Permit No. 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
b. Appeal
1. Peter
J. Mutnick (PDF, 724 KB)
c. Communications
1. Peter
J. Mutnick (PDF, 549 KB)
Action: Mayor Bates announced that he would recuse
himself due to the proximity of his home to this project. Moved, seconded, carried (Wozniak/Capitelli;
Absent – Bates) to adopt Resolution No. 63,110–N.S.
(PDF, 1 MB) affirming the decision of
the Zoning Adjustments Board and dismissing the appeal.
16.
1617 Seventh Street - Administrative Use Permit No. 04-20000158
a. From: City Manager
(PDF, 171 KB)
Recommendation: Adopt a Resolution remanding the decision of the Zoning Adjustments Board
(ZAB) to eliminate a condition of approval in Administrative Use Permit No. 04-20000158 to construct a 525
square-foot habitable accessory building with one parking space, with an
average height of ten feet, located four feet, six inches from the property
line.
Financial Implications: None
Contact: Dan Marks, Planning
and Development, 981-7400
b. Appeal
1. Guillermo
Pulido (PDF, 858 KB)
c. Communications
1. Guillermo
Pulido (PDF, 85 KB)
Action: Moved, seconded, carried (Worthington/Maio) to
adopt Resolution No. 63,111–N.S.
(PDF, 972 KB) remanding the decision of the Zoning
Adjustments Board to eliminate a condition of approval in Administrative Use Permit
No. 04-20000158 to construct
a 525 square-foot habitable accessory building with one parking space, with an
average height of ten feet, located four feet, six inches from the property
line.
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
17.
2901 Otis Street -
Landmarks Preservation Commission Designation as Structure of Merit
a. From:
City Manager (PDF, 13 MB) (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 (PDF, 2 MB)
c. Communications
(November 15,
2005)
1. D.
Mayeron
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
Public Testimony: The Mayor opened the public
hearing. Seven speakers. Moved,
seconded, carried (Anderson/Moore) to close the public hearing.
Action: Moved, seconded, carried (Anderson/Moore;
Noes – Worthington; Abstain – Spring) a motion directing staff to bring back to
Council a Resolution that overturns the Landmarks Preservation Commission’s
Structure of Merit designation.
18.
2901 Otis Street
a. From: City Manager
(PDF, 13 MB) (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 (PDF, 643 KB)
c. Communications
(November 15,
2005)
1. D.
Mayeron (PDF, 333 KB)
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
d. Communications
(October 18,
2005)
1. David
Ramin, Shari Ser, D. Mayeron and Ross Blum (PDF, 375 KB)
e. Supplemental
Reports and Communications #1 (October 18, 2005 -
Numbering follows original sequence)
28. Robert Lauriston
(PDF, 338 KB)
Public Testimony: The Mayor opened the public
hearing. 7 speakers. Moved, seconded,
carried (Moore/Worthington) to close the public hearing.
Action: Moved,
seconded, carried (Wozniak/Capitelli; Noes – Spring, Olds; Abstain –
Worthington) a motion directing staff to bring a report and Resolution back to
Council upholding the decision of the Zoning Adjustments Board and conditioned
on the installation of a six-foot fence and two feet of landscaping along the
contiguous rear-yard property lines.
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.
19.
Objections to Property Lien Against 2020 Third Street and 651
Addison Street (PDF, 7 MB)
From: City Manager
Recommendation:
