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Regular Meeting eAgenda
November 9, 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: 

  • 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, November 9, 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. 7,156–N.S amending the Berkeley Municipal Code Chapter 19.24 Construction and Demolition Debris Salvage and Recycling.
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: 
Adopt second reading of Ordinance No. 7,157–N.S repealing and reenacting the Berkeley Fire Code, Chapters 19.48 and related procedural and stricter provisions; 
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 19, 2010 (special, regular and special closed) and October 26, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (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 - $66,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Agreement and any amendments with the City of Oakland, as the coordinating agency, regarding participation in the National Urban Search and Rescue Response System with the U.S. Department of Homeland Security acting through the Federal Emergency Management Agency and the State of California.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the California Coastal Conservancy in the amount of $355,000; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
Council Consent Items
 
From: Councilmember Moore
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $250 per Councilmember to the Berkeley Food and Housing Project with funds relinquished to the City's general fund to attend their 40th Anniversary Events from the discretionary Council Office Budgets of Councilmembers Moore and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $2332 to the Northside Merchants Association with funds relinquished to the City’s general fund for the decoration of City streets by hanging Holiday lights on trees in Northside of campus and for labor costs from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $2332
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.
 
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 Administrative Use Permit No. 09-20000090, to construct a new third story of approximately 583 sq. ft. on an existing two-story, approximately 1,589 sq. ft. single-family residence.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Communications
1.    Rena Rickles
 
From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000034 to construct a 3,628 square foot, two-story single-family residence and a ground-level, 640 square foot accessory dwelling unit, to replace a 2-story, approximately 3,100-sq. ft., fire-damaged dwelling on a 15,030 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.    William S. Berland
2.    Don Arbitblit
3.    Chris Sheppard
4.    Anderson Anderson Architecture

 
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.
 
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt two Resolutions.
1. Adopt a Resolution confirming the 2011 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2011.
2) Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $325,000 of Downtown BID funds to support Downtown revitalization for the period January 1, 2011 to December 31, 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, direct staff to return with a Resolution on November 16, 2010 declaring the Bingo Facility at 1284 San Pablo Avenue in violation of Use Permit No. A954 under Berkeley Municipal Code Section 23B.60.020 and revoking Use Permit No. A954 and continuing the Council's consideration to November 16, 2010 for adoption of the Resolution.
Financial Implications: None
Contact: Gregory Daniel, Code Enforcement, 981-2492
 
Recommendation: Conduct a Public Hearing and upon conclusion, adopt second reading of Ordinance No. 7,158–N.S. repealing and reenacting the Berkeley Building Code including Appendix J, Electrical, Mechanical and Plumbing Codes in BMC Chapters 19.28, 19.30, 19.32, and 19.36 and adopting new BMC Chapters 19.29, (Residential Code), 19.37 (Green Building Standards Code) and related procedural and stricter provisions.
Financial Implications: None.
First Reading Vote: All Ayes.
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – New Business
 
From: City Manager
Recommendation: 
1.   Direct the City Manager to install speed tables at the following three locations: Rose Street between Ordway/Juanita, Forest Avenue between Claremont/Piedmont, and Josephine between Vine/Hopkins which met the criteria for participation in a pilot project to evaluate the effectiveness of speed tables in reducing traffic speeds. Six months after installation of the devices staff will review/analyze before and after traffic speed data and report the findings to Council. 
2.   Direct the City Manager to install a speed feedback sign on Alcatraz between Baker/Idaho and evaluate the effect on speed reduction.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

 
Information Reports
 
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
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 November 4, 2010.

Deanna Despain, 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.

Berkeley Housing Authority Issues
1.    Elidia Duarte

Gas Shut-Off Valves
2.    Kristen Lee, on behalf of the Housing Advisory Commission

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