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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 (PDF, 284 KB) (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 (PDF, 16 KB) (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.
Amendment to FY 2006
Annual Appropriations Ordinance (PDF, 531 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending
the FY 2006 Annual Appropriations Ordinance No. 6,862–N.S. for FY 2006 based
upon recommended re-appropriation of committed FY 2005 funding and other
adjustments authorized since July 1, 2005, in the amount of $47,798,568 (gross)
and $45,204,917 (net).
Financial Implications: See report
Contact: Phil Kamlarz, City
Manager, 981-7000
4.
Alameda County Election Voting System (PDF, 40 KB)
From: City Manager
Recommendation: Urge the Alameda County
Board of Supervisors to: 1) select a new election voting system that supports
instant runoff voting (IRV), also known as ranked choice voting (RCV) and 2)
require as part of contract negotiations that an instant runoff voting
component be available in time for use in the November 2006 elections.
Financial Implications: See report
Contact: Sherry M. Kelly, City Manager, 981-7000
5.
Hurricane Katrina
Disaster Fund and Future Disaster Fund (PDF, 28 KB)
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 for future disasters for which the City will receive
reimbursements from Federal and/or State agencies.
Financial Implications: See report
Contact: Fran David,
Finance, 981-7300
6.
Formal Bid Solicitations and Request for Proposals (PDF, 270 KB)
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
7.
Fee Assessment:
State of California Self-Insurance Fund (PDF, 26 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California
Department of Industrial Relations for FY 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
8.
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
9.
Retention
Plan for
Clif Bar in West Berkeley (PDF, 25 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
10.
Rosa Parks Commemoration Day (PDF, 95 KB)
From: Councilmembers Moore and Anderson
Recommendation: Adopt a Resolution designating December 1st as “Rosa Parks Commemoration
Day.”
Financial Implications: None.
Contact: Darryl Moore,
Councilmember District 2, 981-7120 and Max Anderson, Councilmember District 3,
981-7130
11.
Budget Referral: Center for Accessible Technology (PDF, 43 KB)
From: Councilmember Spring
Recommendation: Refer the request for
$10,000 for The Center for Accessible Technology to the midyear budget process.
Financial Implications: $10,000
Contact: Dona Spring,
Councilmember District 4, 981-7140
12.
Budget Referral: Habitot (PDF, 256 KB)
From: Councilmember Spring
Recommendation: Refer to the midy-ear budget
process a request for funding Habitot for $10,000.
Financial Implications: $10,000
Contact: Dona Spring,
Councilmember District 4, 981-7140
13.
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
14.
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
15.
Landmarks Preservation Ordinance (PDF, 46 KB)
From: Mayor Bates
Recommendation: Presentation, Council discussion and direction to staff regarding
modifications to the Landmarks Preservation Ordinance.
Contact: Tom Bates, Mayor,
981-7100
Action Calendar – Public
Hearing
16.
Administrative Fees: Inclusionary Housing Program (PDF, 201 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion: 1) 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 2) adopt a Resolution, to be effective upon the
effective date of the Ordinance, approving the Inclusionary Housing Program
administrative fees specified in the Resolution and establishing a new fund for
the Inclusionary Housing Program.
Financial Implications: None
Contact: Stephen Barton,
Housing, 981-5400
17.
Grant: Citizen's
Option For Public Safety (PDF, 66 KB)
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 (COPS) 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 a remaining year-end fund balance of
$91,716 from prior years to be used to pay overtime for basic Community
Involved Policing(CIP) training, professional instructors, ongoing CIP update
training and activities, property crimes mitigation, and other equipment needs,
and make any amendments thereto.
Financial Implications: Grant Funds - $243,431
Contact: Douglas N.
Hambleton, Police, 981-5700
Action
Calendar – Old Business
18.
Support Commission Diversity
(PDF, 36 KB) (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
(PDF, 351 KB) (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 (PDF, 203 KB) (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 (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
2901 Otis Street - Landmarks
Preservation Commission Designation as Structure of Merit
c.
Appeal
1. Eric
Geleynse, Xin Jin and Danny Tran (PDF, 2 MB)
d.
Communications (November 15, 2005)
1. D.
Mayeron
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
21.
2901 Otis Street
a.
From: City Manager (PDF, 395 KB) (November 29, 2005)
Recommendation: Adopt a Resolution approving Use Permit No. 04-10000090 to construct a
three-story triplex at 2901 Otis Street, dismissing the appeal, and approving
an additional use permit to remove more than fifty percent of the roof and
exterior walls of the existing dwelling.
Financial Implications:
Contact:
Dan Marks, Planning, 981-7400
b.
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
c. Appeal
1. David
Ramin, Shari Ser and D. Mayeron (PDF, 643 KB)
d.
Communications (PDF, KB) (November 15, 2005)
1. D.
Mayeron (PDF, 333 KB)
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
e.
Communications (October 18, 2005)
1. David
Ramin, Shari Ser, D. Mayeron and Ross Blum (PDF, 375 KB)
f.
Supplemental Reports and Communications #1 (October 18, 2005 - Numbering follows original
sequence)
28. Robert Lauriston
(PDF, 338 KB)
22.
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
23.
Response to Draft Environmental Impact Report for Bevatron at
Lawrence Berkeley National Laboratory (LBNL)
a. From:
City Manager (PDF, 169 KB) (November
29, 2005)
Recommendation: Authorize staff to send comments to LBNL on the Draft EIR for demolition
of Bevatron and Building 51 regarding cumulative impacts, transportation, air
quality, compliance with health and safety regulations, and the need for LBNL
to identify additional methods to recognize the site’s historic significance;
and Request that the LBNL extend the public comment period on the DEIR to
January 18, 2006 to allow the City Council adequate public input on the
proposed project.
Financial Implications: See report
Contact:
Dan Marks, Planning, 981-7400
b. From: Councilmembers Wozniak, Moore and Maio
(PDF, 29 KB) (October
18, 2005)
Recommendation: Recommend 1) that the City
Council reaffirm its support for the full decommissioning, deconstruction and
removal of the Bevatron; and 2) refer to the City Manager for review the Peace
& Justice Commission resolution on the proposed demolition of B51 and the
Bevatron and the Draft Environmental Impact Report (DEIR), when it is released
later in the Fall of 2005. For this review, staff would have the benefit of the
comprehensive analysis of the associated environmental and historical impacts
in the DEIR.
Financial
Implications: None.
Contact: Gordon Wozniak,
Councilmember District 8, 981-7180; Darryl Moore, Councilmember District 2,
981-7120; Linda Maio, Councilmember District 1, 981-7110
c. From:
Peace and Justice Commission (PDF, 25 KB) (October 25, 2005)
Recommendation: Adopt a Resolution recommending that the City Council request: 1) the
Department of Energy, the Lawrence Berkeley National Laboratory and their
managing agency, the University of California, to continue with their original
plan to preserve the Bevatron Facility as a place of merit on the National
Register of Historic Places for the benefit of future interested individuals
and students of science, history and architecture; and 2) that the $85 million
budgeted for the demolition of the Bevatron be primarily redirected to the
decontamination of toxic underground plumes at Lawrence Berkeley National
Laboratory as promised with enough spared to complete the conversion of the
accelerator facility for safe public access.
Financial Implications: None
Contact: Manuel Hector,
Secretary, 981-5110
24.
Near-Relative Policy
for Community Agencies (PDF, 197 KB)
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
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.
Potential Nanotechnology Risks
1.
Barbara Gilbert
Request for Administrative
Review of Parking Citation
2.
David Kirwin, Berkeley Unified School District
City Utility Users Tax
3.
Pei-Chen Jennifer Hsieh
Marin Avenue Traffic Plan
4.
Joyce and Jan deVries
Inclusionary Housing
5.
Barbara Gilbert
Presentation Request
6.
Madeline Oden, The Tatia Oden French Memorial Foundation
Public Records Act Request for
BUSD: Senior Tax Benefits
7.
Barbara Gilbert
Support the Resolution in
Solidarity with the People of Haiti
8.
Carolyn S. Scarr
9.
Jane Stillwater
10.
PhoeBe ANNE (sorgen), Peace and Justice Commission
11.
Jancis Long
Derby Street Athletic Field
12.
Greg Ward
13.
Yolanda Huang
14.
Jamie Day and Phyllis Orrick
Public Health Risk Posed by
Cell Towers
15.
Peter Teichner
RFID in
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