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Regular Meeting Annotated Agenda
October 19, 2010

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 19, 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

Preliminary Matters

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

Ceremonial Matters:

  1. Blythe Lucero
  2. Upsurge

City Manager Comments:  Emergency above ground water system demonstration at H.M. Lordship at 10:00 a.m. on October 21, 2010. 

Public Comment on Non-Agenda Matters: 5 speakers. 

Public Comment on Consent Calendar and Information Items Only: 2 speakers.

Consent Calendar

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

1. Zoning District Amendments for Consistency with the Wireless Telecommunication Facility Regulations (PDF)
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,155–N.S. 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
First Reading Vote: All Ayes
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,155–N.S.

2. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 20, 2010 (special closed), September 21, 2010 (special and regular), and September 28, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

3. Six-Month Moratorium on Parking Meter Collections on Adeline Between Woolsey Street and Alcatraz Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution that establishes a six-month moratorium on charging for parking at meters on Adeline Street between Woolsey Street and Alcatraz Avenue.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,058–N.S.

4. Grant Award: 2010 Federal Earmark, East Bay Green Jobs Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:

1    Accept one-time grant funds from the U.S. Small Business Administration, in the amount of $250,000, for the East Bay Green Jobs Project to implement education and job training programs related to the green industry, submit an application to the funding agency, and execute resultant grant agreement; and

2    Execute sole source contracts and any amendments and extensions with 1) Peralta Community College District, College of Alameda, in an amount not to exceed $80,000 and 2) The Workforce Collaborative (TWC), in an amount not to exceed $132,500 for the period September 15, 2010 to March 31, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,059–N.S.

5. Grant: 510-Free From Tobacco Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Public Health Department Tobacco Control Program in the total amount of $425,000 for three years (FY2011-FY2013) to provide tobacco prevention and cessation interventions among Berkeley's priority populations; to execute the resultant revenue agreements, contracts and any amendments and extensions; authorizing the implementation of the projects and appropriation of funding for related expenses; and enter into an expenditure contract with consortium partner Berkeley Youth Alternatives as a sole source sub-contractor in the total amount of $212,500 for the three year duration of the grant term (FY 2011-13).
Financial Implications: Prop 99 Tobacco Prevention Fund - $425,000 - Grant - 3 years
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,060–N.S.

6. Postponement of Council’s Proposed Foreclosure Sale for 3135 Harper Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution postponing the City’s foreclosure sale for the property located at 3135 Harper Street, currently scheduled for November 2, 2010, to March 31, 2011. Authorize the City Manager to postpone the foreclosure sale of the Property for up to an additional six (6) months, no later than September 30, 2011, provided that:

1.   Satellite Housing has a contract for the purchase of the site with the current owner for a price that does not exceed its appraised value; and

2.   Satellite Housing has applied for funding from other lenders for the project and the control of the Property site is part of the consideration for the approval of funding; and

3.   Satellite can demonstrate progress in the current owner’s effort to resolve liens against the property.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,061–N.S.

7. Classification and Salary: Home Energy Administrator (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise and change the title of the Weatherization Supervisor classification to Home Energy Administrator and increase the monthly salary range to $6,490 - $7,707, effective October 17, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,062–N.S.

8. Contract No. 7786 Amendment: Alameda County Auction for Vehicle Rental (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend existing Contract No. 7786 with Alameda County Auction by $25,000 for an amount not to exceed $75,000.00 for the rental of unmarked vehicles.
Financial Implications: General Fund - $25,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,063–N.S.

9. Contract: 2010-2011 Office of Traffic Safety Bicycle and Pedestrian Safety Education and Enforcement (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Bicycle and Pedestrian Safety Education and Enforcement Program award from the Office of Traffic Safety in the amount of $200,000 to conduct bicycle and pedestrian education and automobile/pedestrian right of way enforcement activities.
Financial Implications: Office of Traffic Safety DUI Enforcement Education Fund - $200,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,064–N.S.

10. Refer to the Planning Commission: Home and Community Garden Zoning (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the Planning Commission the proposed Zoning amendments to allow home-based garden-grown edibles businesses in Berkeley’s residential areas and request that the Planning Commission review the proposal and make a recommendation to City Council.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action: Moved to Action Calendar.  M/S/C (Arreguin/Worthington) to approve the recommendation to refer to the Planning Commission the proposed Zoning amendments to allow home-based garden-grown edibles businesses in Berkeley’s residential areas and request that the Planning Commission review the proposal and make a recommendation to City Council.  The referral to include the following revisions:

  • Specification of outdoor gardens only.
  • Alternatives to operating hours.
  • Possible restriction of this zoning to certain areas in Berkeley.
  • Clarification of the term “non-processed edibles”.
  • Clarification that the proposal does not include retail sales of cannabis in neighborhoods.
  • Review by Health Department following Planning Commission review.

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

11. Support of the Pipeline Safety and Community Empowerment Act of 2010 (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution supporting The Pipeline Safety and Community Empowerment Act, amending Title 49 USC, to enhance pipeline safety, to provide communities with access to improved information concerning the equipment and operation of pipeline facilities, and to require the Secretary of Transportation to establish minimum standards for the installation of automatic or remote shut-off valves on transmission pipelines that run through high seismic hazard, residential and other areas deemed to be at high risk.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,065–N.S.

12. Support Asahbir Basi (PDF)
Revised Agenda Material (PDF)
From: Councilmember Worthington 
Recommendation: Send a letter of support to Asahbir Basi a recent victim of a hate crime that took place on September 11, 2010.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to October 26, 2010.

13. Referral to the City Manager: 1) Alleged Persistent Housing and/or Building Code Violations at Multiple Addresses, and 2) Consideration and Creation of a Policy Disincentive for Repeat Violations (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Refer the following to the City Manager:

1.   The investigation of specific addresses within the city of Berkeley on Ward, Ellsworth and Derby, and

2.   The possibility for consideration and creation of a policy disincentive for repeat violations of alleged persistent housing and building code violations.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

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

Mayor Bates absent 7:27 p.m. – 7:29 p.m.

14. Refer to the City Manager: Establishment of a Public Safety Zone (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the feasibility of creating a designated 'Public Safety Zone' at a location in Berkeley, including consideration of such a site near the Public Safety Building.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Action Calendar.  M/S/C (Worthington/Maio) to approve a referral to the City Manager to examine the feasibility of creating a designated 'Public Safety Zone' at a location in Berkeley, including consideration of such a site near the Public Safety Building.

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


Action Calendar – Public Hearing

15. Adoption of the Updated 2009-2014 Berkeley Housing Element (PDF)
Berkeley Housing Element Presentation (PDF)
From: Planning Commission
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution adopting California Environmental Quality Act (CEQA) findings and amending the General Plan to incorporate the updated Berkeley Housing Element.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Moore/Arreguin) to adopt Resolution No. 65,066–N.S. adopting California Environmental Quality Act (CEQA) findings and Resolution No. 65,067–N.S. amending the General Plan to incorporate the updated Berkeley Housing Element revised to include the following:

“…Decent and affordable housing is a basic human right.  The 2009 City of Berkeley Housing element addresses this right and the statewide housing goal of “attaining decent housing and a suitable living environment for every California family”….”

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


Information Reports

16. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.

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


Adjourned at 8:09 p.m. in honor of Pat Cody and Allen Bodine

Communications (PDF)

Traffic Calming
1.    Carmen Erasmus

Bicycle Plan Implementation
2.    Dave Campbell – Referred to City Manager by Councilmembers Maio and Worthington.

Berkeley Housing Authority Complaint
3.    Elidia Duarte – Referred to City Manager by Councilmember Moore.

Measure R Commentary
4.    B. Soffer

Residential Parking Permit Fees
5.    Andy Partos – Referred to City Manager by Councilmembers Maio, Wengraf and Worthington.

Supplemental Communications and Reports 1 (PDF)

Item 12: Support Asahbir Basi
6.    Caleb Dardick
7.    Kriss Worthington, District 7

Supplemental Communications and Reports 2 (PDF)

Item 12: Support Asahbir Basi

  • Revised materials, submitted by Kriss Worthington, District 7 (see agenda item)

Action Calendar – Public Hearing

Item 15: Adoption of the Updated 2009-2014 Berkeley Housing Element

  • Presentation, submitted by Planning & Development (see agenda item)

8.    Jesse Arreguin, District 4

 

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