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Regular Meeting eAgenda
January 26, 2010

Printer-friendly PDF* 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: 

  • 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.CityofBerkeley.info/BMC 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, January 26, 2010

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
 

Preliminary Matters

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 on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   BMC Section 1.24.170 - Notice and Appeal of Nuisance Abatement Liens (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,126–N.S. amending Berkeley Municipal Code Section 1.24.170 concerning notice and appeal of nuisance abatement liens.
Financial Implications: Unknown
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950

2.   Easement Acceptance: Northgate Path (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,127–N.S authorizing the City Manager to accept an easement granted by Carolyn D. Lake, owner of two parcels adjacent to Northgate Path, for construction of Northgate Path.
Financial Implications: Minimal
First Reading Vote: All Ayes.
Contact: Claudette Ford, Public Works, 981-6300

3.  Side Letter of Agreement - Berkeley Fire Fighters Association (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement to the Memorandum Agreement with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 to modify wages, and terms and conditions of employment to implement the First Responder Advanced Life Support (FRALS) service that will staff fire engine and fire truck companies with Alameda County accredited paramedics.
Financial Implications: Measure GG Fire Preparedness Tax Fund - $150,000 in FY 2010, $440,000 in FY 2011
Contact: David Hodgkins, Human Resources, 981-6800

4.  Waiver of Annual Marina Berth Fees for Four Non-Profits (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Affirming the determination by City staff and the Waterfront Commission that four non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Center, Cal Sailing Club, Cordell Explorer and The Pegasus Project) are in full compliance with all aspects of Resolution No. 58,859-N.S.   2.  Approving the annual waiver of berth fees for the four groups for calendar year 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

5.  Establishment of a Joint Subcommittee for the Downtown Street and Open Space Improvement Plan (SOSIP) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution establishing a Joint Subcommittee to guide the development of the Downtown Streets & Open Space Improvement Plan (SOSIP) and to make its recommendation to City Council by the end of September 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

6.   Contract No. 7961 Amendment: Kitchell CEM, Inc. (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7961 with Kitchell CEM, Inc. by increasing expenditure authority by $201,590 in an amount not to exceed $1,198,580 for the provision of construction / project management services and LEED commissioning agent services for the branch library bond program and extend the contract term through September 30, 2013.
Financial Implications: Measure FF Fund - $108,962
Contact: Donna Corbeil, Commission Secretary, 981-6100

7.   Reappointment of Howard King and Michael Diehl to the Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Adopt a resolution approving the reappointment of Howard King and Michael Diehl to the Mental Health Commission, as representatives of the General Public Interest Category, for three-year terms beginning January 27, 2010 and ending January 26, 2013.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5290

8.   Designation of February 2010 as National Teen Dating Violence Awareness and Prevention Month (PDF)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution designating February 2010 as National Teen Dating Violence Awareness and Prevention Month.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

Council Consent Items

9.   California Democracy Act (PDF)
From: Councilmembers Anderson, Moore, Arreguin and Worthington
Recommendation:
Adopt a Resolution to endorse the California Democracy Act.
Financial Implications:  None
Contact: Max Anderson, Councilmember, District 3, 981-7130

10.  Letter Urging the Iran Government to Release Arrested Cal Students (PDF)
Revised materials (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging the Iranian government to release the three UC Berkeley Graduates: Sarah Shourd, 31, Shane Bauer, 27, and Josh Fattal, 27.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

11.  Send a Letter Supporting Water Protection and Reinvestment Trust Fund (PDF)
From: Councilmember Worthington
Recommendation:
Send letters urging Congresswoman Barbara Lee, Senator Barbara Boxer, and Diane Feinstein to support the creation of a Water Protection and Reinvestment Trust Fund and amend the Trust Fund bill (H.R. 3202).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

12.  Ticketmaster/Live Nation Potential Merger (PDF)
From: Councilmember Worthington
Recommendation:
That the Council jointly call on Assistant Attorney General Christine Varney to prevent the two ticket-dispensing entities Ticketmaster and Live Nation from merging.
Financial Implications: Miniscule
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

13.  25th Anniversary Jewish Music Festival - March 26 to 28 2010 (PDF)
Revised materials (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation declaring March 26-28, 2010 as the 25th Anniversary Jewish Music Festival.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

14.  Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Berkeley Jewish Music Festival (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution to approve the expenditure of $250 to the Jewish Music Festival with funds relinquished to the City’s general fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: No General Fund impact; $250 is available from Councilmember Worthington’s Council Office Budget discretionary account.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

15.  ZAB Appeal: 1930 Martin Luther King, Jr. Way (PDF)
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000028 to establish a quick-service restaurant with incidental beer and wine service, sidewalk café seating, and hours of operation beginning at 6 a.m.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications
1.    Stephen Wollmer (3)
2.    Regan Richardson

16.  ZAB Appeal: 3001 Telegraph Avenue (PDF)
Attachment 6 - Admin Record Pt 1
Attachment 6 - Admin Record Pt 2
Attachment 6 - Admin Record Pt 3
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 08-10000092 to construct a five-story mixed use building with 38 dwelling units, 4,039 square feet of ground-floor commercial space, and 42 parking spaces.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications
1.    Stephen Wollmer (2)

17.  ZAB Appeal: 3001 Dwight Way (PDF)
Attachment 5 - Admin Record Pt 1
Attachment 5 - Admin Record Pt 2
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny Administrative Use Permit No. 08-20000145 to construct an accessory building and convert the accessory building to habitable space.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications
1.    Rena Rickles
 
Action Calendar - New Business

18.  Affordable Housing Policies (PDF)
Presentation (PDF)
From: City Manager
Recommendation:
Direct the City Manager to pursue consideration of three new affordable housing policies: an affordable housing mitigation fee, a special tax, and revisions to the density bonus program and/or zoning regulations to encourage affordable housing.  All three policies are responses to Palmer/Sixth Street Properties vs. City of Los Angeles, a recent court decision which found that inclusionary zoning programs that apply affordability requirements to rental housing violate the Costa-Hawkins Act.  The Council could also consider requesting the state legislature to adopt legislation responding to this court decision.
Financial Implications: General Fund - $30,000
Contact: Jane Micallef, Housing, 981-5400

19.  Determine Final Pool Configuration and Budget for Services (To Be Delivered) (PDF)
From: City Manager
Recommendation: Direct staff to return with a capital and operational limits for a possible Community Facilities District.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

20.  Panoramic Hill (ESR) Zoning Ordinance Revision (PDF)
From: City Manager
Recommendation:
Adopt first reading of proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

21.  City Auditor's Annual Report for the Fiscal Year 2009 (PDF)
From: Auditor
Recommendation:
Accept report. To save money and address risk, request City Manager action on the 1999 MOU simplification and 1998 grants accountability recommendations.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

22.  Fiscal Responsibility and Outstanding Audits: Policies, Problems, and Solutions (PDF)
From: Auditor
Recommendation:
To avoid revenue reductions and service delivery gridlock, request the City Manager, in his budget proposals, to:
1.    Include comprehensive evaluation of internal control impacts of each budget cut (as directed by Council  on October 9, 2007)
2.    Include a re-statement, for Council adoption, of Council’s policy to balance reductions to City administrative services so as not to jeopardize fiscal accountability (adopted March 23, 2004)
3.    Include a re-statement, if appropriate, for Council adoption, of Council’s previous policy of using one-time reserves for organizational restructuring and efficiencies that will yield significant, recurring savings over time (adopted March 23, 2004)
4.    Review the attached analysis of outstanding recommendations. Include plans to appropriately prioritize needed improvements before the next round of staff reductions eliminates the resources needed to do the work
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Information Reports

23.  2009 Peer Review: Audit of the City of Berkeley Auditor's Office (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 21, 2010.

Deanna Despain, CMC, City Clerk

Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 20: Panoramic Hill (ESR) Zoning Ordinance Revision
1.    Janice Thomas

No Parking Areas on Euclid Avenue
2.    Florence Baldwin

Secondhand Smoke Issues
3.    Carol Denney

Trimming of Coastal Live Oak Trees
4.    John & Margo Olson

Restriping of The Alameda
5.    Zelda Bronstein

Demolishing the Old Gymnasium at Berkeley High
6.    Marie Bowman

 

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