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Regular Meeting eAgenda
September 28, 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, September 28, 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.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,152–N.S. repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.18 regarding regulation of bingo operations.
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Gregory Daniel, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,153–N.S. amending Berkeley Municipal Code (BMC) Section 9.48.080 extending the hours when sidewalk vendors of arts and crafts and flowers may operate; amending Section 9.49.120 extending the hours when sidewalk Food vendors may operate, and amending both sections to make minor changes to the hours when vending facilities may be moved in and out of their allocated sites.
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,154–N.S. amending Berkeley Municipal Code section 7.12.010 to reflect longstanding practice for budget allocations to the public liability fund, as recommended by the "Efficiency and Transparency of Contract Fiscal Management Needs Improvement" Audit presented to the Council on July 13, 2010.
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2011, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
5.        **Removed from agenda per City Manager**Grant: 510-Free From Tobacco Project
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Amend Resolution No. 64,893-N.S. to:
1    Change the source of funding for a previously approved $86,250 loan to Strawberry Creek Lodge (SCL) from Community Development Block Grant (CDBG) to Housing Mitigation funds;
2    Waive the Housing Trust Fund (HTF) Guidelines dealing with predevelopment loans limits in order to process the loan to SCL; and
3    Allow the City to reimburse SCL for approved predevelopment expenditures that are incurred prior to executing the necessary loan documents.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract Number 7911 with The Lipman Company, Inc. (TLC) for administration of the Retiree Health Premium Assistance Plan and other retiree medical programs (the Plan) for sworn Fire and Police, to increase the amount by $275,000 for a total not to exceed $400,000 and extending the terms of the contract from January 1, 2011, through December 31, 2013.
Financial Implications: Various Funds - $400,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Waiving payment of future interest and administrative costs by BerkeleyFIRST clients who are required to prepay their special taxes in connection with a sale of their property or a refinancing of a private loan, and
2    Authorizing the City Manager to execute an amendment to the Fiscal Agent Agreement relating to the BerkeleyFIRST bonds: a) To allow redemption of the bonds without premium following a special tax prepayment in those circumstances, and also b) To authorize the City Manager to replace the existing fiscal agent for the bonds with the Finance Director, if determined to be in the best interests of the City.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Approving specifications for the Marina Pile Replacement Project 10-10526-C;
2    Accepting the bid of Ghilloti Bros / Cooper Crane, JV; 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 specifications, in an amount not to exceed $288,000, for the period of 210 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8009, a nine (9) unit residential condominium located at 1200-1214 Spruce Street and 2214 Eunice Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation  Adopt a Resolution denying Use Permit No. 05-10000084 to construct a two-story, 1,279 square-foot, detached dwelling unit with a reduced rear yard setback of 10 feet at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, consistent with the City Council decision of July 13, 2010. Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance amending the residential and commercial district regulations in the Berkeley Municipal Code to be consistent with the regulations in Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: None
Contact: Jordan Harrison, Commission Secretary, 981-7400

 Council Consent Items
 
13.        Berkeley Holiday Fund (PDF)
From: Mayor Bates and Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to the Berkeley Holiday Fund’s annual campaign with funds from the Mayor and Council’s office expense accounts relinquished to the City for this purpose.
Financial Implications: Mayor and Councilmembers’ Discretionary Funds – not to exceed $500.
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates and Councilmembers Maio, Moore and Capitelli
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $200 per Councilmember to the Berkeley High Parent Resource Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore, and any other Councilmembers who would like to attend CEID’s 30th Anniversary Gala.
Financial Implications: Mayor and Councilmembers’ Discretionary Funds – Not to exceed $200.
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Worthington
Recommendation: Send a letter to President Barack Obama urging him to grant clemency for Leonard Peltier.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Oppose Prop 26, the November ballot that increases the legislative vote requirement to two-thirds for environmental and public protection from oil and tobacco company mishaps.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Wozniak
Recommendation: Adopt a Resolution accepting a grant for $4,650 from the Friends of Piedmont Way (FPW) to plant 31 street trees along Piedmont Avenue, between Bancroft and Dwight Ways.
Financial Implications: $4,650 (grant)
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

 
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.
 
Action Calendar – Appeals
 
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.
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit (UP) No.10-10000013 to exceed the quota for Quick Service Restaurants in the Telegraph Commercial (C-T) District and establish a frozen yogurt shop in a 1,170 square foot retail tenant space.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
1.    Joann Kim
2.    Christine Limpin
 
From: City Manager
Recommendation: Adopt a Resolution remanding Administrative Use Permit (AUP) No. 09-20000070 to the Zoning Adjustments Board (ZAB) for a public hearing to conduct additional fact-finding and possible reconsideration due to changes to the occupancy status of 2412 Stuart Street, Units No. 1 and No. 2, which may result in the need for additional findings.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
None

 
Action Calendar – Old Business
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Senator Mark Leno’s proposed bill, which seeks to bar all utility companies including PG&E from using ratepayer revenues to fund political campaigns.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to President Barack Obama, urging him to direct Secretary of the Interior Ken Salazar to temporarily shut down the BP Atlantis oil platform until federal regulators can prove the rig operates safely.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution opposing the proposed Comcast-NBC merger and send a letter to the Federal Communications Commission (FCC) and Justice Department Anti-trust Division urging opposition to the merger.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Action Calendar – Council Items
 
From: Councilmember Arreguin
Recommendation: Adopt first reading of an ordinance providing guidelines for rental application screening fees and notice to rental applicants of those guidelines and their rights.
Financial Implications: 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution urging the UC to terminate its contract with BP in accordance to its fundamental principles.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Information Reports
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

 
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.
 

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 September 23, 2010.

Deanna Despain, CMC, City Clerk


 
 
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.
 
Rebel Glass
1.    Alan Revere
 
Student Privacy
2.    Peace & Justice Commission
 
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