General Information
General Information

Regular Meeting Annotated Agenda
May 1, 2012

Printer-friendly PDF* annotated agenda 

 

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Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 1, 2012

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.  Councilmember Anderson absent.

Ceremonial Matters: 

  1. May is Mental Health Awareness Month
  2. Affordable Housing Week, May 11-20, 2012
  3. Bike to Work Day, May 10, 2012
  4. Cesar Chavez Essay Contest Winners

City Manager Comments:

  1. Summer Kick-Off and Science Fair at Frances Albrier Community Center, May 5, 11am – 3pm

Public Comment on Non-Agenda Matters: 1 speaker


 Public Comment on Consent Calendar and Information Items Only: 3 speakers

Consent Calendar

Action: M/S/C (Arreguin/Moore) to accept supplemental material on Item 16 from Mayor Bates.

Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent - Anderson

Action: M/S/C (Arreguin/Moore) to adopt Consent Calendar in one motion except as indicated.

Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson

 

1. Surplus Property Disposition: 2931 Shasta Road (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,233–N.S. approving the sale of 2931 Shasta Road and authorizing the Interim City Manager to execute all necessary documents required to sell the property, for the amount of $540,000.
Financial Implications: General Fund revenue - $540,000, included in adopted FY 2012 budget.
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Capitelli (recused).
Action:  Adopted second reading of Ordinance No. 7,233–N.S.

2. Amendments to Berkeley Election Reform Act (PDF)
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,234–N.S. amending the Berkeley Election Reform Act (BERA) as follows:
1.   Amend section 2.12.065 to provide for electronic posting of campaign contributions in lieu of newspaper publication;
First Reading Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin; Abstain – Anderson, Worthington

2.   Add section 2.12.231 to create additional remedies for violations including issuance of monetary penalties;
First Reading Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio

3.   Add section 2.12.271 to create additional filing requirements for committees making expenditures in support of or opposition to a measure;
First Reading Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio

4.   Add section 2.12.297 to require additional filing of independent expenditure reports in 40 days preceding election;
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

5.   Amend section 2.212.485 to create a penalty for late filing of reports required by section 2.12.297.  Second reading scheduled for May 1, 2012.
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.
Financial Implications: Staff time
Contact: Kristy van Herick, Commission Secretary, 981-6950
Action: Adopted second reading of Ordinance No. 7,234–N.S.

3. Amendment: FY 2012 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2012 Annual Appropriations Ordinance No. 7,213-N.S. for fiscal year 2012 based upon other adjustments in the amount of $19,898,633 (gross) and $20,705,511 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted first reading of Ordinance No. 7,235–N.S.  Second reading scheduled for May 15, 2012.

4. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 5, 2012 (special closed), March 6, 2012 (special and regular), March 12, 2012 (special closed), March 13, 2012 (special), March 20, 2012 (special and regular), and April 3, 2012 (special and regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes as submitted.

5. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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 - $1,211,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

6. Classification: Revenue Development Officer (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to abolish the classification of Revenue Development Officer, effective May 2, 2012.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,673-N.S.

7. Funding Reservation: Housing Trust Fund to Resources for Community Development for William Byron Rumford, Jr. Plaza (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving:
1.   A funding reservation to Resources for Community Development (RCD) of $1,100,000 HOME funds for the rehabilitation of 43 family units at William Byron Rumford Senior Plaza; and
2.   A waiver of the project selection and predevelopment loan requirements of the Housing Trust Fund (HTF) Guidelines in order to approve the funding reservation; and
3.   An extension of the 2010 HTF funding round to December 31, 2012 in order to allow the Council to approve funding reservations for projects in the existing pipeline.
Financial Implications: Funding Reservation: HOME Funds - $1,100,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,674-N.S.

8. Contract: Advantel Networks for Voice over Internet Protocol (VoIP) Telephone System (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Advantel Networks for a Voice over Internet Protocol (VoIP) telephone system, for a total not to exceed $1,205,000, from May 2, 2012 to June 30, 2017.
Financial Implications: Various Funds - $1,205,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,675-N.S.

9. Donation of Historic Plaque at Old City Hall (PDF)
From: City Manager
Recommendation: Adopt a Resolution accepting the donation of a Berkeley Historical Plaque valued at $1,600 from the McGee-Spaulding-Hardy Historic Interest Group (MSHHIG) to be placed at Old City Hall.
Financial Implications: $1,600 donation; $200 staff time
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,676–N.S.

10. Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at a Building at James Kenney Park (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the Bay Area Hispano Institute for Advancement (BAHIA) for the small building located at 1718 Eighth Street at James Kenney Park for a five year term beginning July 1, 2012.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted first reading of Ordinance No. 7,236–N.S.  Second reading scheduled for May 15, 2012.

11. Contract Amendments: On-Call Civil Engineering Services (PDF)
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to amend four contracts with on-call civil engineering services for a combined increased amount of $600,000 and a combined total for all contracts not to exceed $1,600,000 as follows: 
1.   HDR Engineering, Inc., Contract No. 8445, increasing the amount by $150,000 for an amount not to exceed $400,000; 
2.   RMC Water and Environment, Contract No. 8446, increasing the amount by $150,000 for an amount not to exceed $400,000; 
3.   Harris & Associates, Contract No. 8443, increasing the amount by $150,000 for an amount not to exceed $400,000; and 
4.   Wilsey Ham, Contract No. 8444, increasing the amount by $150,000 for an amount not to exceed $400,000.
Financial Implications: Sanitary Sewer Fund - $600,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,677–N.S.(HDR); Resolution No. 65,678–N.S. (RMC); Resolution No. 65,679–N.S.(Harris); and Resolution No. 65,680–N.S. (Wilsey).

12. Memorandum of Understanding: Interstate 80 Integrated Corridor Mobility (I 80 ICM) Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute the documents necessary for the City of Berkeley to join other parties in the Memorandum of Understanding for the I-80 Integrated Corridor Mobility Project.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,681–N.S.

13. Purchase Order: Downtown Ford Sales for 8 Patrol Vehicles (PDF)
From: City Manager
Recommendation: Adopt a Resolution accepting the City of Sacramento bid procedures to satisfy the requirement of Berkeley Charter 67.2, and authorizing the City Manager to execute a purchase order for 8 patrol vehicles with Downtown Ford Sales in an amount not to exceed $257,000.
Financial Implications: Equipment Replacement Fund - $257,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,682–N.S.

14. Letter to 2 X 2 Committee to Reinstate Special Day Classes for Hearing Impaired Children at John Muir (PDF)
From: Commission on Disability
Recommendation: Request Council to send a letter to the 2 X 2 Committee, based upon the attached draft from the Commission on Disability, asking for the Committee's support to reinstate the Special Day Classes for hearing impaired children at John Muir Elementary school.
Financial Implications: None
Contact: Paul Church, Commission Secretary, 981-6342
Action: Approved recommendation.

15. Mental Health Commission Appointments: Charles Black, Shelby Heda and Dametrus Lewis (PDF)
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the appointment of Charles Black as a representative of the General Public Interest category and Shelby Heda and Dametrus Lewis as representatives of the Special Public Interest category to the Mental Health Commission, beginning May 1, 2012 and ending April 30, 2015.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5217
Action:  Adopted Resolution No. 65,683–N.S.

Council Consent Items

16. Renaming Eastshore State Park in Honor of Sylvia McLaughlin (PDF)
Revised Agenda Material (PDF) 
From: Mayor Tom Bates and Councilmember Wengraf
Recommendation: Adopt a Resolution supporting Assembly Concurrent Resolution 55 (Skinner) urging the California State Parks and Recreation Commission to rename the East Shore State Park as the Sylvia McLaughlin East Shore State Park.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Revised material submitted.  Councilmember Wengraf added as a co-sponsor.  Adopted Resolution No. 65,684–N.S.

17. Berkeley Historical Society: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Maio, Wengraf, Anderson and Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember to the Berkeley Historical Society and their Women’s Symposium: “Celebrating the 100th Anniversary of Women’s Right to Vote” with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and Wengraf and any other Councilmembers who would like to contribute to support this centennial event.  This event was held on April 18, 2012.
Financial Implications: Councilmembers’ Discretionary Fund - $200
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,685–N.S.

18. Berkeley Public Education Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution authorizing the transfer of funds of an amount not to exceed $150 per Councilmember to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who wish to contribute.
Financial Implications: Councilmember's Discretionary Fund - $150
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,686–N.S.  Amended to add a contribution from Councilmember Wengraf of $150.

19. East Bay Bicycle Coalition: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $50 per Councilmember to the East Bay Bicycle Coalition’s “Blessing of Bicycles” event with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $50
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,687–N.S.  Amended to add a contribution from Councilmember Arreguin of $50.

20. Amend the Zoning Code to Facilitate Toxic Remediation in Manufacturing Districts (PDF)
From: Councilmembers Moore and Wozniak
Recommendation: Refer to the Planning Commission recommendations for amending the zoning code in order to facilitate toxic remediation in manufacturing districts and to develop a streamlined process that would allow for one application process, rather than separate application processes for the City’s Planning Department and the Toxics Division.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Approved recommendation.

21. Immigrant Housing Discrimination (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the City Manager a proposed ordinance for drafting that requires a landlord to disclose the immigrant tenant protections of California Civil Code 1940.3(b) whenever a landlord requests an applicant to provide proof of legal residency status as a condition of tenancy.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

22. Support AB 1831 - Banning the Box (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill 1831, introduced by Assemblymember Roger Dickinson, which postpones the criminal background check of a job applicant until after the first screening for qualifications has found the applicant qualified.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,688–N.S.

23. Supporting Assembly Bill 2346 Regarding the Health Rights of Farm Workers (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill 2346, introduced by Assemblymember Betsy Butler, which would ensure that farm workers receive adequate water and shade when working in the heat.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,689–N.S.

24. Support for SB 1220, The HOMeS Act (PDF)
From: Councilmember Capitelli
Recommendation: Send a letter to State Senator Loni Hancock in support of SB 1220 that will provide resources for affordable housing through a $75 document recording fee on real estate transactions.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Amended letter to state the Council’s support of SB 1220.  Letter to be sent to Assemblyman DeSaulnier.  Councilmember Arreguin added as a co-sponsor.  Approved recommendation.

25. City Sponsorship of the 75th Anniversary Celebration of the Berkeley Rose Garden (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution co-sponsoring the 75th Anniversary Celebration of the Berkeley Rose Garden to be held September 23, 2012 and to commit the Police, Public Works and the Parks Recreation and Waterfront departments to provide services to support the event.
Financial Implications: To be determined
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Item removed from agenda by Councilmember Wengraf.

26. Berkeley Partners for Parks for the Berkeley Rose Garden 75th Anniversary Event: Relinquishment of Council Office Budget Funds to General Funds and Grant of Such Funds (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember to the Berkeley Partners for Parks to fund the Berkeley Rose Garden 75th Anniversary Event with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $1,000
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Item removed from agenda by Councilmember Wengraf.

27. Support of AB 2348: Access to Birth Control (PDF)
From: Councilmembers Wengraf and Maio
Recommendation: Adopt a Resolution supporting AB 2348 and send a letter to Assemblymember Nancy Skinner and State Senator Loni Hancock.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,690–N.S.

28. Support of SB 1338 - Safe and Early Access Bill (Kehoe) (PDF)
From: Councilmembers Wengraf and Maio
Recommendation: Adopt a Resolution supporting SB 1338 and send a letter to Senators Hancock and Kehoe and Assemblymember Skinner.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,691–N.S.

29. City Manager Referral: Availability Study to Allow Affirmative Action in City Contracting (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Refer to the City Manager consideration of an Availability Study to analyze the City's use of local, small emerging, minority and women business enterprises on City construction, architecture and engineering, professional services, and goods and other services contracts.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

30. Proclamation in Honor of Clive Matson (PDF)
From: Councilmember Worthington
Recommendation: Adopt a proclamation honoring Clive Matson to be presented at the 10th Annual Berkeley Poetry Festival on May 5, 2012.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

31. Support a Proclamation to Honor May as Asian American and Pacific Islander Heritage Month (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a proclamation to honor the month of May as Asian American and Pacific Islander Heritage Month in the City of Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

Action Calendar – Public Hearings

32. West Berkeley Project - Master Use Permit Process (PDF)
West Berkeley Project - Presentation (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion provide direction to staff, or continue to May 8, 2012 to provide direction to staff, regarding the following actions proposed to be taken at the May 15, 2012 Council Meeting:
1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopt CEQA findings and the Mitigation Monitoring Program;
2.   Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan; and
3.   Adopt first reading of an Ordinance to repeal and reenact BMC Chapter 23B.36. Master Use Permits.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 78 speakers. 

Action: M/S/C (Worthington/Arreguin) to approve the City Manager’s recommendation to continue the public hearing to May 8, 2012.  
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent - Anderson

33. Derby Street Land Vacation and Exchange with Berkeley Unified School District (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt:
  1. A Resolution adopting the Mitigated Negative Declaration previously adopted by the Berkeley Unified School District and all required findings under the California Environmental Quality; and
  2. The first reading of an Ordinance:

a. Vacating a portion of the public right-of-way of Derby Street; and
b. Conveying the City’s interests in the vacated property to Berkeley Unified School District; and
c. Accepting, in exchange, an offer of street dedication of fee interest at 1925 Derby Street from Berkeley Unified School District for public right-of-way purposes.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Worthington/Maio) to close the public hearing.
Action: M/S/C (Worthington/Maio) to adopt the following:

1.   Resolution No. 65,692–N.S. adopting the Mitigated Negative Declaration previously adopted by the Berkeley Unified School District and all required findings under the California Environmental Quality; and
2. The first reading of Ordinance No. 7,237–N.S.
a. Vacating a portion of the public right-of-way of Derby Street; and
b. Conveying the City’s interests in the vacated property to Berkeley Unified School District; and
c. Accepting, in exchange, an offer of street dedication of fee interest at 1925 Derby Street from Berkeley Unified School District for public right-of-way purposes.

Second reading scheduled for May 15, 2012.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson

34. Public Hearing: FY 2013 Street Lighting Assessment (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution: 
1.   Confirming the assessments in the Engineer's Report, dated February 2012, and 
2.   Authorizing the levying of FY 2013 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Worthington) to close the public hearing.
Action: M/S/C (Maio/Worthington) to adopt Resolution No. 65,693–N.S.
1.   Confirming the assessments in the Engineer's Report, dated February 2012, and 
2.   Authorizing the levying of FY 2013 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent - Anderson

35. Public Hearing and Levying of Assessments in the Solano Avenue Business Improvement District for the Balance of 2012 (PDF)
From: Solano Avenue BID Advisory Board
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District") for 2012 and, if no majority protest exists, levy annual assessments in the area for the balance of calendar year 2012 to finance improvements in the District.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7534
Public Testimony: The Mayor opened the public hearing.0 speakers.  M/S/C (Moore/Wozniak) to close the public hearing.
Action: M/S/C (Moore/Bates) to adopt Resolution No. 65,694–N.S. confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District") for 2012 and, if no majority protest exists, levy annual assessments in the area for the balance of calendar year 2012 to finance improvements in the District.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson

Action: M/S/C (Bates/Capitelli) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – Wengraf; Abstain – None; Absent - Anderson

Action Calendar – Old Business

36. ZAB Appeal: 2301 Durant Avenue (Continued from April 3, 2012) (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000017 to demolish an existing parking garage, school, and church community facility, and construct a five-story mixed-use building with a ground-floor parking garage, church community facility, and Group Living Accommodations (GLA) for 164 residents.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

b. Communication

  1. Jack Sawyer

Action: 9 speakers. M/S/C (Bates/Wozniak) to adopt Resolution No. 65,695–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000017 to demolish an existing parking garage, school, and church community facility, and construct a five-story mixed-use building with a ground-floor parking garage, church community facility, and Group Living Accommodations (GLA) for 164 residents.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – Arreguin; Absent - Anderson

37. Berkeley Student Cooperative, the Housing Trust Fund, and the Affordable Housing Mitigation Fee (Continued from March 6, 2012) (PDF)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: 16 speakers. M/S/C (Bates/Maio) to direct staff to return with an item to exempt student cooperatives from the new affordable housing impact fee and with revisions to the Housing Trust Fund Guidelines to ensure that student coops are eligible for Housing Trust Fund monies.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes –None; Abstain – None; Absent – Anderson

38. Supporting Assembly Bill 1081 as Amended (Continued from April 3, 2012) (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting the recently amended Assembly Bill 1081, the TRUST Act, introduced by Assemblymember Tom Ammiano, and urging the California State Legislature and Governor Jerry Brown to support the TRUST Act.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Moved to Consent Calendar. Adopted Resolution No. 65,696–N.S.

39. Support Initiative 11-0098 Medical Marijuana Regulation, Control, and Taxation Act of 2012 (Continued from April 3, 2012) (PDF)
From: Councilmember Worthington
Recommendation: Support Initiative 11-0098 the Medical Marijuana Regulation, Control, and Taxation Act of 2012 (MMRCT).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Approved recommendation.

Action: M/S/C (Bates/Arreguin) to suspend the rules and extend the meeting to 11:50 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – Wengraf; Absent - Anderson

Action: M/S/C (Bates/Arreguin) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson

Action Calendar – New Business

40. a. Discussion and Direction Regarding Possible Ballot Measures to be Included in Second Community Survey (PDF)
Possible Ballot Measures Presentation (PDF)

From: City Manager 
Recommendation: Discuss possible ballot measures for November 2012, and provide direction to the City Manager about which measures to include in a second community survey.
Financial Implications: General Fund - $18,810
Contact: William Rogers, City Manager’s Office, 981-7000

New Ballot Measure for Warm Pool Bond
b. From: Commission on Disability and Commission on Aging (PDF)
Recommendation:
Place a bond measure on the November 2012 election ballot allowing the citizens of Berkeley to vote on whether money should be issued for the rebuilding of a warm pool. 
Financial Implications: See report
Contact: Paul Church, Secretary to the Commission on Disability, 981-6342; Leah Talley, Secretary to the Commission on Aging, 981-5178

c. From: City Manager (PDF)
Recommendation:
Refer bond funding for a warm pool to the City Council for its consideration, along with other infrastructure needs, and informed by the Results from March Community Survey submitted to Council on April 3, 2012.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300; Jane Micallef, Health, Housing and Community Services, 981-6400

Potential Ballot Measures in 2012:  Parks Tax Increase and the Inclusion of Parks Projects in a Citywide Bond Measure (Continued from April 3, 2012)
d. From: Parks and Recreation Commission (PDF)
Recommendation:
1. Include an item on the November 2012 ballot to increase the Parks Tax base rate to solve the current structural deficit and include additional funding for annual maintenance to preserve existing parks and facilities; and
2. Include parks projects in the Citywide bond measure on the November ballot to address priority safety issues, ADA access issues, and necessary upgrades in City parks and facilities.
Financial Implications: See report
Contact: Roger Miller, Commission Secretary, 981-6343

e. From: City Manager (PDF)
Recommendation:
Refer the actions from the Parks and Recreation Commission related to the Parks Tax and parks bond to the Council's November 2012 ballot discussions.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: 6 speakers. Following the Council’s discussion, the City Manager indicated she will include the following items in a second community survey and report the results back to the Council on May 29, 2012 for consideration in the November 2012 ballot measure process:
  1. Sales tax increase of .25% for streets and watershed improvements.
  2. Gross receipts tax of 2% on property owners with five units or more on a single site; tax revenue to be used to support affordable housing.
  3. Bond measure ($13 million) for construction of a new Warm Water Pool with a parcel tax ($13.61 per 1900 sq. ft.) to fund ongoing operations.
  4. Bond measure to renovate Willard Pool (approximately $6.4 million) with a parcel tax to fund ongoing operations.
  5. Bond measure ($50 million) for streets and watershed improvements.

Council Action Calendar

41. Five-Minute Grace Period at Pay-and-Display Parking Meters (PDF)
From: Councilmember Capitelli
Recommendation: Adopt a Resolution establishing a five-minute grace period for vehicles where a valid receipt from a pay-and-display meter is appropriately displayed.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Item continued to May 15, 2012.

Information Reports

42. Scholarship from the American Society of Prevention of Cruelty to Animals (ASPCA) to Berkeley Animal Care Services (BACS) to Attend the Humane Society of the United States (HSUS) Animal Care Expo (PDF)
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
Action:  Received and filed.

43. Community Disaster Preparedness Programs Update (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Moved to Consent Calendar.  Referred to Agenda Committee for scheduling after consideration by the Disaster and Fire Safety Commission.

44. Measure GG Expenditure Report (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Moved to Consent Calendar.  Referred to Agenda Committee for scheduling after consideration by the Disaster and Fire Safety Commission.

45. Status of Berkeley Transportation Action Project (B-TAP) (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action:  Received and filed.

46. Climate Action Coalition (PDF)
From: Energy Commission
Contact: Neal De Snoo, Commission Secretary, 981-7439
Action:  Received and filed.

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

Adjourned in memory of:
Ernest “Chick” Callenbach, author and Berkeley resident

Adjourned at 11:58 p.m.

Communications (PDF)

Item 24: Support for SB 1220, The HOMeS Act
1.    Housing Advisory Commission

EEOC Filing/Charge
2.    Ragni Larsen-Orta – referred to City Manager by Councilmember Maio

Parking Citation
3.    Gayle Cepparo – referred to City Manager by Councilmember Maio

University Avenue Co-Op Issue
4.    Richard Berkeley

Use of Empty Lot
5.    Valentine Wiggin

Bond Measures
6.    Philip Moody

Police/Citizen Interaction
7.    Kate DeGraaf

Inclusionary Zoning & Housing Impact Fees
8.    Marian Wolfe

Supplemental Communications and Reports 1 (PDF)

Item 36: ZAB Appeal: 2301 Durant Avenue
9.    Steven Finacom
10. Evan McDonald

Supplemental Communications and Reports 2 (PDF)

Item 16: Renaming Eastshore State Park in Honor of Sylvia McLaughlin
11. Carolyn Beahrs
12. Patricia Jones
13. John & Ann Kadyk

Item 32: West Berkeley Project - Master Use Permit Process
14. Katherine Harr
15. Igor Tregub, on behalf of the Sierra Club Northern Alameda County Group
16. Patrick Sheahan
17. Philip Kass, Babak Nahid and Rebecca Suggurs

Item 36: ZAB Appeal: 2301 Durant Avenue
18. Chadidjah McFall
19. Steven Finacom
20. L. Phelan and Shartel McVoy
21. Jack Sawyer

Item 44: Measure GG Expenditure Report
22. Phoebe Sorgen

Supplemental Communications and Reports 3 (PDF)

Item 16: Renaming Eastshore State Park in Honor of Sylvia McLaughlin

  • Revised materials, submitted by Mayor’s Office (see agenda item)

23. Iris Gestram, on behalf of the National Association for Olmsted Parks

Item 32: West Berkeley Project - Master Use Permit Process

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

24. Cathleen Quandt
25. Patrick Sheahan
26. William Barclay
27. Dan Knapp
28. Jack Litewka
29. Gene Poschman
30. Joe DeCredico
31. R.P.C. Rodgers
32. Friends of the West Berkeley Pla
33. Unknown (3)

Item 36: ZAB Appeal: 2301 Durant Avenue
34. Chadidjah McFall
35. Unknown (2)

Item 37: Berkeley Student Cooperative, the Housing Trust Fund, and the Affordable Housing Mitigation Fee
36. Elaina Marshalek
37. Elliot Goldstein
38. Unknown

Item 40a: Discussion and Direction Regarding Possible Ballot Measures to be Included in Second Community Survey

  • Presentation, submitted by City Manager’s Office (see agenda item)

Bike Happy Hour
39. East Bay Bicycle Coalition

 

 

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