General Information
General Information

Regular Meeting Annotated Agenda
February 5, 2013

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 5, 2013

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location: 3400 Las Vegas Blvd South –

Business Center Kiosk, Main Floor, Las Vegas, Nevada 89109

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: 7:07 p.m.  All present.

Ceremonial Matters: 

  1. Dina Levy for One Billion Rising Event on February 14, 2013
  2. Al Young Day in Berkeley - February 5, 2013

City Manager Comments: None

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 1 speaker.

Consent Calendar

Action: M/S/C (Maio / Arreguin) to accept revised material from Councilmember Moore on Item 7.
Vote: All Ayes.

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

Consent Calendar

1. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on February 5, 2013
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: Sanitary Sewer Operation - $350,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

2. Option Agreement - 3135 Harper Street
Revised Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt first reading of an Ordinance approving an Option Agreement between the City of Berkeley and Satellite AHA Development, Inc. (SAHAD) for the disposition and development of the City-owned property at 3135 Harper Street in Berkeley.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted first reading of Ordinance No. 7,279–N.S.  Second reading scheduled for February 19, 2013.

3. Contract: ACS State and Local Solutions for a Parking Citation Management Solution
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ACS State and Local Solutions to provide Parking Citation Management Services for a total amount not to exceed $1,440,000 from April 1, 2013 to June 30, 2016.
Financial Implications: General Fund - $1,440,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 66,002–N.S.

4. Contract: AJW Construction for FY 2013 Responsive Sidewalk Project Phase 1
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving specifications for the FY 2013 Responsive Sidewalk Project Phase 1, Specification No. 13-10702-C; 

2.   Accepting the bid of AJW Construction; 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 $248,100, for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Various Funds - $248,100
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 66,003–N.S.

5. Agreement: Alameda Countywide Clean Water Program
From: City Manager
Recommendation: Adopt a Resolution:

1.   Authorizing the City Manager to execute an agreement with Alameda County, and the 14 cities and 2 special districts in Alameda County, collectively known as "member agencies" of the Alameda Countywide Clean Water Program, for a 15-year term; and

2.   Authorizing payments for the Alameda Countywide Clean Water Program for the 3 year period of FY 2014 - FY 2016 for a total not to exceed amount of $315,000.
Financial Implications: Clean Storm Water Fund - $315,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 66,004–N.S.

Council Consent Items

6.   **Removed from Agenda by Councilmember**Refer $25,000 to the FY 2013/2014 Budget Process to Expand K to College Service in Berkeley
From: Councilmember Moore
Contact: Darryl Moore, Councilmember, District 2, 981-7120

7. Support SCA 7, Local Library Funding
Revised Agenda Material (PDF)
From: Councilmember Moore 
Recommendation: Adopt a Resolution supporting SCA 7 for local library funding, which enables local governments to pass special taxes and bonds to support the operations of their public libraries by lowering the voter threshold for these measures from two-thirds to 55 percent.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 66,005–N.S.

8. Referral to City Manager: Exempting Chair Massage from Massage Establishment Permit Requirements
From: Councilmember Arreguín
Recommendation: Refer to the City Manager the proposed ordinance language and request that the City Manager review and bring back to Council a proposed ordinance to exempt Chair Massage as defined in B.M.C. Section 23F.04.010 from the massage establishment permit requirements of B.M.C. Section 9.32.060.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: Approved recommendation.


Action Calendar - Appeals


9. ZAB Appeal: 1214 Glen Avenue, Use Permit No. 11-10000021
Admin Record (PDF) 
From: City Manager
Recommendation: Adopt a Resolution to affirm the Zoning Adjustments Board's (ZAB) approval of Use Permit No. 11-10000021 to allow the construction of a two-story, 2,400 square foot, single-family dwelling with an attached 2-car garage, with a reduced front yard setback of 18'-7" where 20' is required and to allow the construction of fences that measure up to 8' in height, on a 3,771 square foot parcel.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: M/S/C (Maio/Arreguin) to set the matter for a public hearing as close to March 19, 2013 as possible.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak

10. ZAB Appeal: 1488 Keoncrest Drive
Admin Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to uphold the Zoning Officer’s decision to approve Administrative Use Permit No. 12-20000050 to enlarge an existing 1,200 sq. ft. single family residence by constructing a 110 sq. ft. addition to the ground floor for an expanded single-car garage, a 290 sq. ft. second story living room, and a 250 sq. ft. third story bedroom, increasing the average height to 25’11” and vertically extending a non-conforming front yard setback.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

b. Communications

1.    Tom Reilly and Kevin James
2.    Cynthia Smith
3.    Robin Halprin and Abbas Khaligh
4.    Jacqueline and Fred Wilson
5.    Adam Davis
6.    Bertrand Racine and Lina Urbain
7.    Vika Teicher

Action: 14 speakers. M/S/C (Capitelli/Maio) to set the matter for a public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak

Action Calendar – Continued Business

A. Support the Residents of the Jeju Islands off the Coast of Korea to Stop Construction of the Jeju Naval Base (Continued from January 29, 2013)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution

1.   Supporting the residents of the Jeju Islands off the coast of Korea to stop construction of the Jeju Naval Base;
2.   Sending a letter to President Lee Myung Bak; and
3.   Calling on the congressional delegation to write and co-sponsor a bill restricting U.S. funds from use in the construction of a military base on Jeju Island.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action: M/S/C (Maio/Wengraf) to accept revised material from Councilmember Maio on Item A.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent - Capitelli


Councilmember Capitelli absent 9:15 p.m. – 9:17 p.m.

Action: 3 speakers. Motion/Second/Failed (Maio/Moore) to adopt a Resolution supporting the residents of the Jeju Islands in their opposition to the construction of a Naval Base.
Vote:  Ayes – Maio, Moore, Arreguin; Noes – Wozniak, Bates; Abstain – Anderson, Capitelli, Wengraf; Absent – Worthington

Councilmember Worthington absent 9:21 p.m. – 10:14 p.m.

B. Residential Preferential Parking: Adding Saturday Permit Requirement Near Commercial Areas and Extending Football Day Fines (Continued from January 29, 2013)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: 2 speakers.  Requested information from the City Manager on potential modifications to the RPP program including: 1) an increase in fees; 2) Saturday enforcement  and additional zones for Football Day Double Fines; and 3) adjusting the size of RPP districts.

Action Calendar – New Business

11. Letter to UC Regents Regarding Phasing-Out Nuclear-Related Activities
From: Peace and Justice Commission
Recommendation: Approve transmittal of a letter to the Regents of the University of California regarding this entity's continued management role in the national nuclear weapons laboratories, in contravention of the voter-approved Nuclear Free Berkeley Act.
Financial Implications: Unknown
Contact: Eric Brenman, Commission Secretary, 981-5114
Action: 0 speakers. M/S/C (Capitelli/Maio) to send the letter drafted by the Commission to the Regents of the University of California and all other entities that manage the national nuclear weapons laboratories and to refer to the Commission the drafting of a letter to the President urging the discontinuation of the nuclear weapons program generally.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Worthington

Information Reports

12. City Loan Performance and Securitization Policy
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
Action: Received and filed.
 
13. Non-Residential Plug-in Electric Vehicle (PEV) Charging Station Pilot Program
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.


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


Adjournment in memory of:

1.    Maggie Gee, Women Airforce Service Pilots Veteran and Political Activist

Action: M/S/C (Moore/Maio) to adjourn the meeting.

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

Adjourned at 10:14 p.m.

Communications
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.

Local Government TV Broadcasting
1.    Barbara Gilbert

Treatment of the Homeless
2.    Geri McGilvray

Captioning
3.    Marguerite Bardone


Supplemental Communications and Reports 1

Item 2: Option Agreement - 3135 Harper Street

·         Revised materials, submitted by Health, Housing & Community Services (see agenda item)

Item 9: ZAB Appeal: 1214 Glen Avenue, Use Permit No. 11-10000021
4.    Albert Sukoff

Item 10: ZAB Appeal: 1488 Keoncrest Drive
5.    Victoria Teicher and Andrew Shanken


Supplemental Communications and Reports 2

Item 9: ZAB Appeal: 1214 Glen Avenue, Use Permit No. 11-10000021
6.    Claire Greensfelder

Item 10: ZAB Appeal: 1488 Keoncrest Drive
7.    Bertrand Racine
8.    Thomas Reilly
9.    Travis Neal
10. Miriam Ciochon
11. Christine Harkin
12. Aliza Shapiro
13. David & Carol Rice
14. Alex Bixler
15. Ron & Janice Reissberg
16. Stefan & Laura Lasiewski
17. Meg St. John

Item A: Support the Residents of the Jeju Islands off the Coast of Korea to Stop Construction of the Jeju Naval Base
18. Leeza Vinogradov

Item 11: Letter to UC Regents Regarding Phasing-Out Nuclear-Related Activities
19. Phyllis Olin
20. Michael Veiluva
21. Vic Sadot

Supplemental Communications and Reports 3

Item 7: Support SCA 7, Local Library Funding

·         Revised material, submitted by Councilmember Moore (see agenda item)

Item 9: ZAB Appeal: 1214 Glen Avenue, Use Permit No. 11-10000021
22. Claire Greensfelder

Item 10: ZAB Appeal: 1488 Keoncrest Drive
23. Bertrand Racine and Lina Urbain
24. Andrew Shanken and Victoria Teicher

Item A: Support the Residents of the Jeju Islands off the Coast of Korea to Stop Construction of the Jeju Naval Base
25. Linda Maio, District 1

Willard Pool
26. Unknown

Book Suggestion
27. Elise Casby

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