General Information
General Information

 

Regular Meeting Annotated Agenda
January 28, 2014

 

 Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA 
BERKELEY CITY COUNCIL MEETING 
Tuesday, January 28, 2014 
7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way 
Teleconference Location - 4850 Makena Alanui, Kihei, HI 96753

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: 7:48 p.m.  Councilmember Moore absent.

Ceremonial Matters: None

City Manager Comments: None 

Public Comment on Non-Agenda Matters: 3 speakers.

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

Consent Calendar

Action: M/S/C (Maio/Worthington) to adopt the Consent Calendar in one motion except as indicated. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore.

  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on January 28, 2014 
    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 - $1,926,380 
    Contact: Robert Hicks, Finance, 981-7300 
    Action: Approved recommendation. 
  2.  Contract: Berkeley Free Clinic for Clinical Laboratory Services 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract and any amendments or extensions with the Berkeley Free Clinic in an amount not to exceed $50,000 for the period July 1, 2013 through June 30, 2014. 
    Financial Implications: See report 
    Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 
    Action: Adopted Resolution No. 66,465–N.S

 

Council Consent Items

  1.  Resources for Community Development (RCD): Relinquishment of Budget Funds to General Fund and Grant of Such Funds 
    From: Councilmember Maio 
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per Councilmember including up to $100 from Councilmember Maio to Resources for Community Development (RCD) to help ensure they continue their work to providing housing opportunities to low-income residents of our city, 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 - $100 
    Contact: Linda Maio, Councilmember, District 1, 981-7110 
    Action: Adopted Resolution No. 66,466–N.S.

4. Ashkenaz 40th Anniversary “40 Years Dancing for Peace”: Relinquishment of Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Maio 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per Councilmember including up to $100 from Councilmember Maio to Ashkenaz Music & Dance Community Center in honor of their 40th anniversary year, 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 - $100 
Contact: Linda Maio, Councilmember, District 1, 981-7110 
Action: Adopted Resolution No. 66,467–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Maio - $100; Councilmember Wozniak - $100; Councilmember Anderson - $100.

  1.  First Annual Black History Month Celebration: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
    From: Councilmember Anderson 
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Anderson to the First Annual Black History Month Celebration hosted by The Berkeley Juneteenth Association, Inc., with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute. 
    Financial Implications: Councilmember's Discretionary Fund - $500 
    Contact: Max Anderson, Councilmember, District 3, 981-7130 
    Action: Adopted Resolution No. 66,468–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $100; Councilmember Maio - $100; Councilmember Arreguin - $100; Councilmember Worthington - $250; Councilmember Wozniak - $200; Councilmember Anderson - $250.


 Action Calendar – Public Hearing

  1.  2133 Parker Street - Determination Re: Public Nuisance 
    From: City Manager 
    Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution amending Resolution No. 65,596-N.S. to incorporate the terms of the Settlement Agreement executed by the City and the property owner. 
    Financial Implications: None 
    Contact: Zach Cowan, City Attorney, 981-6950

   Public Testimony: The Mayor opened the public hearing.  23 speakers. 
M/S/C (Maio/Wengraf) to close the public hearing. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore.

Action: M/S/C (Capitelli/Wengraf) to take no action on the amended Resolution. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore.

  1.  Fee Increases for Gilman Fields and Revised Policies 
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion:  
    1.  Adopt a Resolution amending the Recreation fee schedule to increase the current Gilman Field Permit Fees by 10%, and rescinding Resolution No. 65,719-N.S.; and 
    2.  Adopt a Resolution revising the City's Policies and Procedures for Parks and Recreation Programs and Facilities to include sports fields, and rescinding Resolution No. 65,720-N.S. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

  

Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Wengraf/Arreguin) to close the public hearing. 
Vote: Ayes – Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio, Moore, Worthington.

Action: M/S/C (Wengraf/Arreguin) to adopt Resolution No. 66,469–N.S. (Fees) and Resolution No. 66,470–N.S. (Policies & Procedures). 
Vote: Ayes – Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio, Moore, Worthington.

Councilmember Maio absent 9:02 p.m. – 9:04 p.m.

Councilmember Worthington absent 9:02 – 9:04 p.m.

Recess 9:04 p.m. – 9:17 p.m.


 Action Calendar - New Business

  1.  Berkeley Civic Center District Zoning Overlay 
    From: City Manager 
    Recommendation: Provide feedback to staff on the Applicability, Purposes and Uses sections of the working draft overlay ordinance described in the report, so that staff can return with an ordinance for the Council to consider. 
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400

Action: M/S/C (Wengraf/Arreguin) to suspend the rules and extend the meeting to 11:15 p.m. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent –Moore.

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

Action: M/S/Failed (Bates/Capitelli) to discuss all potential uses of the USPS building at the meeting of February 25, 2014. 
Vote: Ayes – Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Maio, Anderson; Absent – Moore.

Action: 49 speakers.  Discussion held.  M/S/C (Arreguin/Anderson) to direct the City Manager to return with an ordinance as soon as practicable to establish a civic center historic zoning district overlay using the draft ordinance presented by staff in the January 28, 2014 Agenda Packet, including the proposed applicability and findings as well as all uses which were considered by the Planning Commission, a maximum height in the district equal to the height of the civic center building at 2180 Milvia, flexible use of the space for community use, grandfathering provision for existing private uses of city buildings, a “museum use” definition, and definition of “civic and community uses.”  The motion also includes Council’s intent to pursue a dual track process of entering into negotiations with the USPS while continuing development of the overlay ordinance.

 

Uses Considered by Planning Commission: 
Telecommunications Facility (not microcell) 
Child Care Center 
Clubs, Lodges 
Columbarium 
Community Center 
Dwelling Units (Single Family, Duplex, Multi-Family) 
Libraries 
Microcell Facilities 
  Surface Parking Lot (less than 8 spaces) 
Parks and Playgrounds 
Public Safety and Emergency Services 
Public Utility Substation, Tanks 
Religious Assembly 
Private School 
Professional Uses 
Government and Institutions 
Public Utilities 
Public Schools 
YMCA 
Marketplace 
Affordable Housing 
Group Class Instruction (Business, Vocational, Other) 
Gyms and Health Clubs 
Dance, Exercise, Martial Arts, and Music Studios 
Theaters, Motion Picture and Stage 
Entertainment Establishment (Live Entertainment) 
Museums 
Publicly Owned/Non-Profit Galleries 
Civic Use (including performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance)

 Vote: Ayes – Maio, Anderson, Arreguin, Wengraf, Wozniak; Noes – Worthington, Bates; Abstain – Capitelli; Absent – Moore.


Information Reports

  1.  Second Response Ordinance Enforcement; Data and Legal Analysis 
    From: City Manager 
    Contact: William Rogers, City Manager’s Office, 981-7000 
    Action: Received and filed.

  

  1.  Access to Divisional Islands 
    From: City Manager 
    Contact: Andrew Clough, Public Works, 981-6300 
    Action: Received and filed.


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


Adjournment

Action: M/S/C (Worthington/Bates) to adjourn the meeting. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore, Worthington.

Councilmember Worthington absent 11:27 p.m. – 11:28 p.m.

Adjourned at 11:28 p.m.

Adjourned in Memory of Pete Seeger, American Folk Singer and Activist

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.

Human Rights Compliance Reports

  1. Vicki Alexander

Supplemental Communications and Reports 1

         None

Supplemental Communications and Reports 2

Item 6: 2133 Parker Street - Determination Re: Public Nuisance

  1. Ali Eslami
  2. Jeff & John Angell
  3. David Shiver

Item 8: Berkeley Civic Center District Zoning Overlay

  1. Shang-Mei Lee
  2. Sharon Maldanado
  3. Michael Katz

Supplemental Communications and Reports 3

Item 6: 2133 Parker Street – Determination Re: Public Nuisance Gale Garcia 
9.  Unknown

Item 8: Berkeley Civic Center District Zoning Overlay

  1. Cox, Castel & Nicholson LLP
  2. Unknown
  3. Sharon Maldanado

Song Lyrics

  1. Submittee Name

Economics

  1. M. Eid Abdallah

Black History Celebration

  1. Unknown

 

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