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Regular Meeting Annotated Agenda
March 10, 2009

Printer-friendly PDF* annotated agenda 

 

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.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 10, 2009

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call:  7:00 p.m.  Absent: Councilmember Moore.

Ceremonial Matters:

  1. Pete Seeger – Nomination for the 2009 Nobel Peace Prize
  2. Semifreddis Bakery – For their support of The Bread Project
  3. NoCal Solar Leadership Award – City of Berkeley

City Manager Comments:

  1. Bridging the Gap Between Primary Care and Substance Abuse – event at U.C. Berkeley March 11, 2009.

Public Comment on Non-Agenda Matters: 1

Public Comment on Consent Calendar and Information Items Only: 2

Consent Calendar

Action: M/S/C (Anderson/Maio) to adopt Consent Calendar in one motion except as indicated:

1. Amendment To Lease: Charles and Theresa Lee dba Michelle’s Yogurt & Sweets at 2430 Durant Avenue, B (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,071–N.S. authorizing the City Manager to execute an amendment to a lease agreement that was authorized by Ordinance No. 6,500–N.S. (Exhibit “A”), with Charles and Theresa Lee doing business as Michelle’s Yogurt & Sweets at 2430 Durant Avenue Berkeley, California for the purpose of changing their business hours from opening at 10:00 am to opening at 11:00 am.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,071–N.S.
Vote: Ayes–Maio, Anderson, Arreguin, Worthington, Capitelli, Wengraf, Bates, Wozniak; Absent–Moore.

2. Removal of Prohibition on Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way (PDF) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,072–N.S removing the prohibition on Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way in the C-1 General Commercial and C-2 Central Commercial Districts.
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington.  Noes: Capitelli, Wengraf, Bates.  Abstain: Wozniak.
Contact: Jordan Harrison, Commission Secretary; Michael Caplan, Economic Development, 981-7530
Action: Adopted second reading of Ordinance No. 7,072–N.S.
Vote: Ayes–Maio, Anderson, Arreguin, Worthington, Capitelli, Wengraf, Bates, Wozniak; Absent–Moore.

3. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF) 
From: City Manager
Recommendation: For informational purposes, approve the request for proposals (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $3,645,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

4. Classification: Battalion Chief (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,175–N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Battalion Chief with a salary range of $10,285 - $11,906 per month effective March 22, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,359–N.S.   Absent – Moore.

5. Classification: Senior Permit Specialist (PDF) 
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,173–N.S., Classification and Salary Resolution for Service Employees International Union Local 1021 (Community Services & PTRLA Chapter), to establish the Senior Permit Specialist Classification with a monthly salary range of $4,803-$5,801, effective March 22, 2009.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,360–N.S.   Absent – Moore.

6. Contract: Christopher A. Joseph and Associates - Aquatic Park Hydrology and Habitat Improvement Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Christopher A. Joseph and Associates to provide environmental services for the Aquatic Park Hydrology and Habitat Improvement Program, for an amount not to exceed $173,276 for all services and reimbursable expenses for the term of January 28, 2009 through January 31, 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Moved to Action Calendar. M/S/C (Worthington/Anderson) to adopt Resolution No. 64,361–N.S.  Vote – Ayes: Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Absent – Moore.

7. Grant: CA Department of Fish and Game - Oil Spill Response (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant of emergency response equipment from the California Department of Fish and Game, Office of Spill Prevention and Response (OSPR) valued at $27,300.
Financial Implications: Grant - $27,300 (emergency response equipment)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,362–N.S.   Absent – Moore.

8. Contract No. 7235A Amendment: R3 Consulting Group, Inc. for a Refuse Service Rate Review (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $12,775 with R3 Consulting Group, Inc., (Contract No. 7235A) for completion of a refuse services rate review for a total contract amount not to exceed $80,000 for the period April 1, 2007 through June 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,363–N.S.   Absent – Moore.

9. Contract: Precision Engineering, Inc. for University Avenue Sanitary Sewer Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the University Avenue Sanitary Sewer Project, 09-10388-C; 2) accepting the bid of Precision Engineering, Inc. and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $856,987 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,364–N.S.   Absent – Moore.

10. Contract: Comtech Communications for a Fire Station Alerting System (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Comtech Communications for a Fire Station Alerting System at the Communications Center in the Public Safety Building and all seven fire stations for a total amount not to exceed $323,527, for the period March 16, 2009 to June 30, 2010.
Financial Implications: Measure G Fund (1992) - $323,527
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,365–N.S.   Absent – Moore.

11. Board of Library Trustees Appointment: Winston Burton (PDF)
From: Board of Library Trustees
Recommendation: Appoint Winston Burton to the Board of Library Trustees ("BOLT") for a term of four years beginning March 23, 2009.
Financial Implications:
Contact: Donna Corbeil, Library, 981-6100
Action:  Approved recommendation.

12. LGBT Walk To Sacramento (PDF)
From: Peace and Justice Commission
Recommendation: The Berkeley City Council endorses the Lesbian, Gay, Bisexual and Transgender (LGBT) Walk from the Bay Area to Sacramento.  The Walk aims to overturn Proposition 8, the initiative banning same-sex marriages, and build bridges from LGBT issues to local communities.  The Council encourages elected officials and City staff to attend the march in whole or in part, particularly the portion passing through Berkeley, to the extent that this participation does not negatively affect their official duties.  City Council and/or Peace and Justice Commission members are encouraged to hold a press conference to help start off the walk and show local opposition to Proposition 8 and support for the LGBT community.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Approved recommendation.

13. Celebration of 3rd Annual Berkeley CO and War Resisters Day and International Conscientious Objector (PDF)
From: Peace and Justice Commission
Recommendation: Approve City sponsorship of the 3rd annual Celebration of Berkeley Conscientious Objectors and War Resisters Day (May 15th of every year) to be held on Saturday, May 9, 2009 in Civic Center Park; allow the peace flag to be flown in front of City Hall and in Civic Center Park on May 15, 2009; and direct the City Manager to post the events on the City of Berkeley's Community Calendar.
Financial Implications: Minimal.  Special Event fees and related expenses.
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Approved recommendation.  Noes–Wozniak

Consent Calendar – Council Items

14. Short-Term Strategies to Address Downtown Vacancies: Sidewalk Merchandise Display (PDF)
From: Mayor Bates
Recommendation: That the City Council request the City Manager consider establishing an expedited permitting process to allow Sidewalk Merchandise Display in retail areas, similar to a process the City of San Francisco uses, concurrent with the short-term strategies to address Downtown vacancies.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

15. Support for US PIRG 21st Century Transportation for America (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution of support for U.S. PIRG 21st Century Transportation For America policy recommendations and urge President Barak Obama, U.S. Congress, California State Legislature and Governor Schwarzenegger to support the policy recommendations.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,366–N.S.  Abstain–Capitelli, Wengraf, Wozniak.   Absent – Moore.

Action Calendar – Appeals

16. ZAB Appeal: 2421 Ninth Street (PDF) 
Administrative Record (PDF) 
From: City Manager
Recommendation: Remand Use Permit No. 05-10000084 to construct a two-story, 1,688 square-foot, detached dwelling unit at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, to the Zoning Adjustments Board to consider a revised design to accommodate a revised driveway and off-street parking layout that meets the approval of the Traffic Engineer.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Capitelli/Worthington) to adopt Resolution No. 64,367–N.S. approving the City Manager’s recommendation to remand Use Permit No. 05-10000084 to construct a two-story, 1,688 square-foot, detached dwelling unit at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, to the Zoning Adjustments Board to consider a revised design to accommodate a revised driveway and off-street parking layout that meets the approval of the Traffic Engineer. Additionally, ZAB is to consider the appropriateness and legality of the building in an R1A district, in light of the purposes of the district, and what measure are used to distinguish between an accessory building and a main building.

Vote: Ayes–Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates;  Absent–Moore; Recused–Maio.

17. Zoning Ordinance Amendment: Wireless Telecommunication Facilities (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 23C.17, Wireless Telecommunication Facilities, and:

1      Provide direction regarding the language of Section 23C.17.105, Appeals, regarding remands,

2    If desired, refer additional amendments to the WTO to the budget process and the Planning Department’s work program, and

3    If desired, provide direction regarding methods and funding for future monitoring.

Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  M/S/C (Wozniak/Wengraf) to adopt first reading of Ordinance No. 7,073–N.S. as amended to:

1      Remove reference to a limit of no more than three wireless telecommunications facilities on any site that is residentially zoned or located adjacent to a residential district unless the City makes the finding required by Section 21C.17.100.B.5. Second reading scheduled for March 24, 2009.

2    Remove reference to a limit on remanding matters to the Zoning Adjustments Board.

3    City Manager to return to Council with recommendations for next steps in further revisions to Wireless Telecommunications Ordinance and information on Microcells.

Vote: Ayes–Maio, Capitelli, Wengraf, Wozniak, Bates; Abstain–Anderson, Arreguin, Worthington; Absent–Moore.

18. Direction to Planning Commission to Revise the Zoning Ordinance to Encourage Economic Development in Downtown (PDF)
From: City Manager
Recommendation: Direct the Planning Commission to consider and recommend back to the City Council modifications to levels of discretionary review for certain uses allowing for more rapid approval of uses that can contribute to economic vitality in Downtown while preserving adequate public review when necessary.  Direct that the Planning Commission complete its deliberation and return its recommendations no later than July 1, 2009.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Wengraf/Capitelli) to approve the City Manager’s recommendation to direct the Planning Commission to consider and recommend back to the City Council modifications to levels of discretionary review for certain uses allowing for more rapid approval of uses that can contribute to economic vitality in Downtown while preserving adequate public review when necessary.  Direct that the Planning Commission complete its deliberation and return its recommendations no later than July 1, 2009.

Vote for Revision to Use Permits for Dry Cleaning and Department Stores: Ayes–Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Absent–Moore.

Vote for main motion: Ayes–Maio, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes–Worthington; Absent–Moore.

19. Police Misconduct in Denver during the Democratic National Convention (DNC) (PDF)
From: Peace and Justice Commission
Recommendation: The City of Berkeley should send a letter to the Department of Homeland Security, the Secret Service, the Mayor of Denver, Colorado, the Chief of the Denver Police Department, and Howard Dean, Chairperson of the Democratic National Committee denouncing the practices of police brutality, curtailing the right of freedom of assembly by limiting it to designated zones, trapping people in the streets, and interfering with the right of journalists to conduct their business.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action: Motion to hold over report until March 24, 2009 failed.  No further action taken. 

Vote: Ayes: Maio, Anderson, Arreguin, Worthington.  Noes: Capitelli, Wengraf, Wozniak, Bates.  Absent:  Moore.

20. Police Misconduct in the Twin Cities Before and During the Republican National Convention (RNC) (PDF)
From: Peace and Justice Commission
Recommendation: The City of Berkeley should send a letter to the following offices and individuals noted below denouncing the brutal use of law enforcement to methodically deprive citizens, and particularly independent journalists and videographers, of their civil and constitutional rights on the days leading up to and the days of the Republican National Convention in St. Paul, Minnesota.  This letter should also call for charges against the RNC 8 (Luce Guillen-Givins, Max Spector, Nathanael Secor, Eryn Timmer, Monica Bicking, Erik Oseland, Robert Czernik, Garrett Fitzgerald) to be dropped.

Addressees for the letter:

The Department of Homeland Security, The Secret Service, The FBI

Minneapolis Mayor R.T. Rybak

St. Paul Mayor Chris Coleman

St. Paul Police Chief John M. Harrington

Minneapolis Police Chief Timothy Dolan

Ramsey County Sheriff Bob Fletcher

Hennepin County Sheriff Richard Stanek

St. Paul Assistant Chief of Police and St. Paul’s coordinator of security efforts for the Republican National Convention Matt Bostrom

St. Paul City Attorney John Choy

Ramsey County Attorney Susan Gaertner

Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action: Motion to hold over report until March 24, 2009 failed.  No further action taken. 

Vote: Ayes - Maio, Anderson, Arreguin, Worthington.  Noes - Capitelli, Wengraf, Wozniak, Bates.  Absent - Moore.

Information Reports

21.   **Removed from agenda by City Manager**Martin Luther King Jr. Civic Center Building Ledge Seating
From: Parks and Recreation Commission
Contact: Virginia Aiello, Commission Secretary, 981-6700

22. LPC NOD: 2966 College Avenue and 2086 Allston Way (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0

Adjourned at 10:04 p.m. in honor of Zachary Michael Cruz.

Communications (PDF)

Bevatron Demolition
1.      Mark Chekal-Bain (104 page enclosure available for viewing in City Clerk’s Office)

161 Panoramic Way
2.      Blanche Sack

Capacity of Berkeley
3.      Mary Rose Kaczorowski

Allocation of Stimulus Funds
4.      Richard Marcantonio

Ashby Flowers
5.      Nancy Carleton
6.      Graham Freeman

Glendale Cell Tower Moratorium
7.      Laurie Baumgarten

Bus Rapid Transit
8.      Gale Garcia

Supplemental Communications and Reports 1(PDF)

Item 13: Celebration of 3rd Annual Berkeley CO and War Resisters Day and International Conscientious Objector
9.      Gordon Wozniak, District 8

Item 14: Short-Term Strategies to Address Downtown Vacancies: Sidewalk Merchandise Display
10. Gordon Wozniak, District 8

Item 15: Support for US PIRG 21st Century Transportation for America
11. Gordon Wozniak, District 8

Item 16: ZAB Appeal: 2421 Ninth Street
12. Bart Selden
13. Gordon Wozniak, District 8

Item 17: Zoning Ordinance Amendment:  Wireless Telecommunication Facilities
14. Phil Kamlarz, City Manager
15. Gordon Wozniak, District 8
16. Paul Albritton

Item 18: Direction to Planning Commission to Revise the Zoning Ordinance to Encourage Economic Development in Downtown
17. Gordon Wozniak, District 8

Item 19: Police Misconduct in Denver during the Democratic National Convention (DNC)
18. Gordon Wozniak, District 8

Item 20: Police Misconduct in the Twin Cities Before and During the Republican National Convention (RNC)
19. Gordon Wozniak, District 8

Supplemental Communications and Reports 2 (PDF)

Item 15: Support for US PIRG 21st Century Transportation for America
20. Unknown

Item 16: ZAB Appeal: 2421 Ninth Street
21. Unknown
22. Bart Selden

Item 17: Zoning Ordinance Amendment:  Wireless Telecommunication Facilities
23. Davis Wright Tremaine LLP
24. Unknown

Item 18: Direction to Planning Commission to Revise the Zoning Ordinance to Encourage Economic Development in Downtown
25. Unknown

 

 

 

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