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Regular Meeting eAgenda
April 27, 2010

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

Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, April 27, 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, 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.   Repeal of Semi-Automatic Weapons Ordinance, BMC Chapter 13.74 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance repealing Berkeley Municipal Code Chapter 13.74 entitled Ban on Sale and Possession of Semi-Automatic Weapons.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

2.   Amendment: FY 2010 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending the FY 2010 Annual Appropriations Ordinance No. 7,123-N.S. for fiscal year 2010 based upon other adjustments in the amount of $7,685,216 (gross) and $7,365,697 (net).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

3. **Item removed by City Manager**Contract No. 8129 Amendment:  Berkeley Humane Society - Animal Care Services

4.   Contract No. 8731A Amendment: Extend the Sewer Service Billing and Collection Agreement with East Bay Municipal Utilities District (EBMUD) an Additional Three Years (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8731A with the East Bay Municipal Utility District (EBMUD) extending the sewer service billing and collection agreement for an additional 3-year term, expiring June 30, 2013 and an amount not to exceed $1,250,000 for the 3-year extension period.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

5.  Supplemental Military Leave Compensation Policy (PDF)
From: City Manager
Recommendation:
Amend Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2011 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months.
Financial Implications: General Fund - $90,000
Contact: David Hodgkins, Human Resources, 981-6800

6.   Contract No. 7650 Amendment: Delta Charter Service to Echo Lake Camp and Teen Program Bus Field Trips (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7650 with Delta Charter Service, Inc. to provide bus transportation for Echo Lake and Teen Program participants by increasing the amount by $24,000 for a total not-to-exceed amount of $98,850 for the period ending June 30, 2011.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

7.   Grant Application: California Department of Boating and Waterways Abandoned Watercraft Abatement Fund (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the California Department of Boating and Waterways in an amount not to exceed $25,000 in Fiscal Year 2011 for the removal and disposal of abandoned watercraft; to accept the grant and execute any resultant revenue agreements and amendments; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: Revenue - Abandoned Watercraft Abatement Fund - $25,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

8.   Findings Necessary to Authorize Expenditure of Redevelopment Agency Funds to Implement West Berkeley Circulation Improvement Projects Outside of the Project Area (PDF)
From: City Manager
Recommendation:
Adopt a Resolution making the required findings to authorize expenditure of Agency funds to construct West Berkeley Circulation Improvement Projects outside of the West Berkeley Project Area.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

9.   Final Map of Tract 8026: 1950 Martin Luther King Jr. Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 8026, a 152-unit condominium project, with 148 residential units and 4 commercial units, located at 1950 Martin Luther King Jr. Way.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

10.  Grant: Proposition 84 Berkeley Green Right-of-Way Planning Application (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California Strategic Growth Council in the amount of $247,500 to develop a guidebook, associated standard details, and policies to promote “green” design and implementation of sustainable projects within the City right-of-way; accept the grant and execute any resultant agreements and amendments.  This effort will be called the Berkeley Green Right-of-Way Plan or “B-GROW”.
Financial Implications: Grant - $247,500
Contact: Claudette Ford, Public Works, 981-6300

11.  Contract No. 8215 Amendment: R. E. Builders, Inc., for 830 University Ave – CDBG Renovation Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Contract No. 8215 with R.E. West Builders, Inc. for the 830 University Ave – Community Development Block Grant (CDBG) Renovation Project, increasing the amount by $151,000, for a total amount not to exceed $1,078,600.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

12.  Statewide Cuts to Education and Workforce Impacts (PDF)
From: Commission on Labor
Recommendation:
Adopt a Resolution supporting and advocating for solutions-based legislation and initiatives to adequately fund and support public services, including but not limited to higher education (CA Democracy Act & Assembly Bill 556), and that Council will formally reach out to other jurisdictions and/or city councils in California via letter, in which universities and community colleges are located, to urge them to adopt similar actions.
Financial Implications: See report
Contact: Delfina M. Geiken, Commission Secretary, 981-7551

13.  Reclaiming Democracy and Opposition to Corporate "Rights" (PDF)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution opposing "corporate rights" that extend first amendment protections to corporate campaign spending and supporting House Joint Resolution 74 - an amendment to the United States Constitution reversing the January 21, 2010 decision of the U.S. Supreme Court in Citizens United v. the Federal Election Commission.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
Council Consent Items

14.  Berkeley Art Center Directional Signs (PDF)
From: Councilmember Capitelli
Recommendation:
Authorize the purchase and installation of three directional signs to the Berkeley Art Center.  Two signs will point west down the Berryman Path on Oxford Street, one each for west-bound and east-bound traffic.  The third sign will be on east bound Eunice west of the road split at Walnut Street. The signs will be consistent with the existing sign on Rose Street at Walnut.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

15.  Recognition of the Prime Minister of Tibet's Visitation of Berkeley (PDF)
From: Councilmember Worthington
Recommendation:
City co-sponsorship of the events on May 25th recognizing the local presence of the Honorable Prime Minister Professor Samdhong Rinpoche and Mr. Penpa Tsering, Speaker of the Tibetan Parliament in Dharamsala, India.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Support Assembly Bill 656: Fair Share for Fair Tuition (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter in support of AB 656 to Senator Loni Hancock and Assembly member Nancy Skinner.
Financial Implications: None
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.

17.  ZAB Appeal: 2707 Rose Street, Use Permit No. 09-10000038 (PDF)
Administrative Record (PDF)
Supplemental materials (PDF)
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000038 to demolish the existing two-story, 2,477 square foot, single-family dwelling, a detached one-car garage, and two one-car carports to facilitate the construction of a two-story, 6,478 square foot, single-family dwelling with a 3,394 square foot, 10-car garage, on a 29,714 square foot parcel in the Single Family Residential District - Hillside Overlay.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications
1.     Frederick Wyle
2.
     Frederick Wyle
3.
     Judy Tart
4.
     Charles T. Tart
5.
     Neighbors Immediately Adjacent to 2707 Rose St.
6.
     Robert & Gertrude Allen
7.
     Brenda Webster
8.
     Daniella Thompson
9.
     James S. Baum
10.
  Jana Olson & Roger Carr
11.
  Tina & Dennis Etcheverry
12.
  Thomas Laqueur & Carla Hesse
13.
  Ernst Valfer
14.
  Paul & Susan Grossberg
15.
  Annette LaRue
16.
  O’Neil & Marcia Dillon
17.
  Susie Schevill
18.
  Elaine Chan
19.
  Darlene Dami
20.
  Louise Brown
21.
  Ron & Louise Brown
22.
  Dick Norgaard
23.
  Robert & Michaela Grudin
24.
  Jana Olsen
25.
  Andrew Baker
26.
  Paul Newacheck
27.
  John McArthur
28.
  Sharon Smith
29.
  Paul Schwartz
30.
  Robert & Michaela Grudin
31.
  Dan Funk
32.
  Eileen Adams
33.
  Lucinda Olney
34.
  Phyllis Freund Ritvo
35.
  Ann Flandreau Hughes
36.
  Louise Brown
37.
  Bull Henrik, FAIA
38.
  Barbara C. Imbrie
39.
  Doug Fontaine
40.
  Beverly Cheney & Avrum V. Gratch
41.
  Bronwyn Hall
42.
  John Blankenship
43.
  Stephen Twigg
44.
  Judy & Bill Fujimoto
45.
  Elise White
46.
  Bob B. Buchanan
47.
  Susan Cerney
48.
  Jay Claiborne – LPC
49.
  Eric O. Johannesson and Madelyn S. (Suzy) Johannesson
50.
  Norah Brower
51.
  Susan Brandt-Hawley
52.
  Linda C. Nelson
53.
  Tara Stauduhar
54.
  Lorna Patton Brown & Alan G. Shriro
55.
  Sandy Bails
56.
  Harry D. Weininger
57.
  Marcy McGaugh
58.
  Patricia Bordonaro & Jurdy Hughes
59.
  Martine Kraus
60.
  John S. English
61.
  Jean Weininger
62.
  John & Manjari Ohala
63.
  Cindy Looy & Ivo Duijnstee
64.
  Charlene M. Woodcock
65.
  David & Valerie Allswang
66.
  Marcy Wong Donn Logan Architects
67.
  Jane Edginton
68.
  Henry Lerner & JoAnne L. Lerner
69.
  Mildred M. Henry
70.
  Ira Lapidus
71.
  Gary Earl Parsons
72.
  Paul & Susan Opsvig
73.
  Susan Nunes Fadley – Addendum to Appeal

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

18.  Allocation of Funds for the Federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME, and Submission of the July 2010 - June 2015 Consolidated Plan including the FY2011 Annual Action Plan (PDF)
Presentation (PDF)
Supplemental materials (PDF)
From: City Manager
Recommendation:
Conduct a public hearing on April 27, 2010 and upon conclusion, adopt a Resolution:
1)   Adopting recommendations for funding under the FY 2011 CDBG, and ESG programs (see Attachment 1, Exhibit A);
2)   Authorizing the execution of resultant agreements and amendments for the FY 2011 CDBG, and ESG funds;
3)   Allocating 90% of the FY 2011 HOME funds to the Housing Trust Fund (HTF) and allocating 10% of the HOME funds for program delivery; and
4)   Authorizing the City Manager to submit the July 2010 – June 2015 City of Berkeley Consolidated Plan for Housing and Community Development, which includes the FY2011 Annual Action Plan, to the U.S. Department of Housing and Urban Development (HUD), and to enter into any resulting agreements with HUD to accept the funds.
Financial Implications: See report
Contact: Jane Micallef, Housing and Community Services, 981-5400

Action Calendar – Council Items

19.  Adopt a Resolution Supporting Berkeley Fair Trade (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting a Fair Trade Policy in Berkeley.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – Old Business

20.  Panoramic Hill (ESR) Zoning Ordinance Revision (Continued from January 27, 2010) (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.**Removed from agenda and continued to May 4, 2010 by City Manager**Unrepresented Employee Manual Amendments (Continued from April 20, 2010)
From: City Manager
Recommendation: Adopt a Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend several articles that set forth terms and conditions of employment and health and welfare benefits for the classification of Battalion Chief so they are the same as are provided for other Fire management employees.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

Information Reports

22.  Web Based Mail Preference Registry (PDF)
From: City Manager
Contact:  Donna LaSala, Information Technology, 981-6525

23.  Status Report: Utilization of Public Works Sewer Staff Can Be Improved (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

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 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.

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 April 22, 2010.

Deanna Despain, City Clerk
 

Communications (PDF) 

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.

Item 8: Findings Necessary to Authorize Expenditure of Redevelopment Agency Funds to Implement West Berkeley Circulation Improvement Projects Outside of the Project Area
1.    Dennis Markham, on behalf of the West Berkeley Project Area Committee

Item 12: Reclaiming Democracy and Opposition to Corporate "Rights"
2.    Estelle Jelinek
3.    T.M. Scruggs
4.    Susan Temere
5.    John Fasolas
6.    James Allison
7.    Pamela Bennett

Proposals for Parking Changes
8.    Rob Browning

Health and Wellness Clinic
9.    Anthony Galante

 

 

 

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