Regular Meeting Annotated Agenda
January 26, 2010

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 26, 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: 7:08 p.m.  Councilmember Arreguin present at 7:09 p.m.

Ceremonial Matters: 

  1. Martin Luther King Jr.
  2. Bayer Health Care
  3. Jog for Jill - For more information contact www.lungcancerfoundation.org, 415-357-1278

City Manager Comments:

  1. Successful H1N1 Flu Shot Clinic on Saturday, January 23, 2010.  Over 350 people vaccinated.  

Public Comment on Non-Agenda Matters: 0 speakers.


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

Consent Calendar

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

1. BMC Section 1.24.170 - Notice and Appeal of Nuisance Abatement Liens (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,126–N.S. amending Berkeley Municipal Code Section 1.24.170 concerning notice and appeal of nuisance abatement liens.
Financial Implications: Unknown
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted second reading of Ordinance No 7,126–N.S.
 
2. Easement Acceptance: Northgate Path (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,127–N.S. authorizing the City Manager to accept an easement granted by Carolyn D. Lake, owner of two parcels adjacent to Northgate Path, for construction of Northgate Path.
Financial Implications: Minimal
First Reading Vote: All Ayes.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted second reading of Ordinance No 7,127–N.S.

3. Side Letter of Agreement - Berkeley Fire Fighters Association (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement to the Memorandum Agreement with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 to modify wages, and terms and conditions of employment to implement the First Responder Advanced Life Support (FRALS) service that will staff fire engine and fire truck companies with Alameda County accredited paramedics.
Financial Implications: Measure GG Fire Preparedness Tax Fund - $150,000 in FY 2010, $440,000 in FY 2011
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,753–N.S.

4. Waiver of Annual Marina Berth Fees for Four Non-Profits (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 1.  Affirming the determination by City staff and the Waterfront Commission that four non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Center, Cal Sailing Club, Cordell Explorer and The Pegasus Project) are in full compliance with all aspects of Resolution No. 58,859-N.S.   2.  Approving the annual waiver of berth fees for the four groups for calendar year 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,754–N.S.

5. Establishment of a Joint Subcommittee for the Downtown Street and Open Space Improvement Plan(SOSIP) (PDF)
From: City Manager
Recommendation: Adopt a Resolution establishing a Joint Subcommittee to guide the development of the Downtown Streets & Open Space Improvement Plan (SOSIP) and to make its recommendation to City Council by the end of September 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,755–N.S.

6. Contract No. 7961 Amendment: Kitchell CEM, Inc. (PDF)
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7961 with Kitchell CEM, Inc. by increasing expenditure authority by $201,590 in an amount not to exceed $1,198,580 for the provision of construction / project management services and LEED commissioning agent services for the branch library bond program and extend the contract term through September 30, 2013.
Financial Implications: Measure FF Fund - $108,962
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action:  Adopted Resolution No. 64,756–N.S.

7. Reappointment of Howard King and Michael Diehl to the Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the reappointment of Howard King and Michael Diehl to the Mental Health Commission, as representatives of the General Public Interest Category, for three-year terms beginning January 27, 2010 and ending January 26, 2013.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5290
Action:  Adopted Resolution NO. 64,757–N.S.

8. Designation of February 2010 as National Teen Dating Violence Awareness and Prevention Month (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution designating February 2010 as National Teen Dating Violence Awareness and Prevention Month.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Adopted Resolution No. 64,758–N.S.

Council Consent Items

From: Councilmembers Anderson, Moore, Arreguin and Worthington
Recommendation: Adopt a Resolution to endorse the California Democracy Act.
Financial Implications:  None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,759–N.S.

10. Letter Urging the Iran Government to Release Arrested Cal Students (revised) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter urging the Iranian government to release the three UC Berkeley Graduates: Sarah Shourd, 31, Shane Bauer, 27, and Josh Fattal, 27.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Moved to Action Calendar M/S/C (Maio/Arreguin) to approve Councilman Worthington’s recommendation to send a letter urging the Iranian government to release the three UC Berkeley Graduates: Sarah Shourd, 31, Shane Bauer, 27, and Josh Fattal, 27.
Vote: Ayes:  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates

11. Send a Letter Supporting Water Protection and Reinvestment Trust Fund (PDF)
From: Councilmember Worthington
Recommendation: Send letters urging Congresswoman Barbara Lee, Senator Barbara Boxer, and Diane Feinstein to support the creation of a Water Protection and Reinvestment Trust Fund and amend the Trust Fund bill (H.R. 3202).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Continued to February 9, 2010.

12. Ticketmaster/Live Nation Potential Merger (PDF)
From: Councilmember Worthington
Recommendation: That the Council jointly call on Assistant Attorney General Christine Varney to prevent the two ticket-dispensing entities Ticketmaster and Live Nation from merging.
Financial Implications: Miniscule
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.  Abstain: Maio, Wengraf, Wozniak, Bates.

13. 25th Anniversary Jewish Music Festival - March 26 to 28 2010 (revised) (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation declaring March 26-28, 2010 as the 25th Anniversary Jewish Music Festival.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation revised to reflect amended dates of March 14 to 27, 2010.

14. Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Berkeley Jewish Music Festival (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $250 to the Jewish Music Festival with funds relinquished to the City’s general fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: No General Fund impact; $250 is available from Councilmember Worthington’s Council Office Budget discretionary account.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,760–N.S.

Action Calendar - Appeals

15. ZAB Appeal: 1930 Martin Luther King, Jr. Way (PDF) 
Administrative Record (PDF)
From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000028 to establish a quick-service restaurant with incidental beer and wine service, sidewalk café seating, and hours of operation beginning at 6 a.m.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications

  1. Stephen Wollmer (3)
  2. Regan Richardson

Action: M/S/C (Wozniak/Wengraf) to adopt Resolution No. 64,761–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000028 to establish a quick-service restaurant with incidental beer and wine service, sidewalk café seating, and hours of operation beginning at 6 a.m.

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

16. ZAB Appeal: 3001 Telegraph Avenue (PDF)
Administrative Record part 1 (PDF)
Administrative Record part 2 (PDF) 
Administrative Record part 3 (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 08-10000092 to construct a five-story mixed use building with 38 dwelling units, 4,039 square feet of ground-floor commercial space, and 42 parking spaces.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications

  1. Stephen Wollmer (2)

Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 64,762 –N.S. approving Use Permit No. 08-10000092 to construct a five-story mixed use building with 38 dwelling units, 4,039 square feet of ground-floor commercial space, and 42 parking spaces. 

Staff to pay particular attention to the hazardous waste cleanup on the site.

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

Recess: 9:23 p.m. – 9:34 p.m.

17. ZAB Appeal: 3001 Dwight Way (PDF)
Administrative Record part 1 (PDF)
Administrative Record part 2 (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny Administrative Use Permit No. 08-20000145 to construct an accessory building and convert the accessory building to habitable space.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications

  1. Rena Rickles

Action: M/S/C (Wozniak/Worthington) to adopt Resolution No. 64,763–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to deny Administrative Use Permit No. 08-20000145 to construct an accessory building and convert the accessory building to habitable space.

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


Action Calendar – New Business

18. Affordable Housing Policies (PDF)
Presentation (PDF) 
From: City Manager
Recommendation: Direct the City Manager to pursue consideration of three new affordable housing policies: an affordable housing mitigation fee, a special tax, and revisions to the density bonus program and/or zoning regulations to encourage affordable housing.  All three policies are responses to Palmer/Sixth Street Properties vs. City of Los Angeles, a recent court decision which found that inclusionary zoning programs that apply affordability requirements to rental housing violate the Costa-Hawkins Act.  The Council could also consider requesting the state legislature to adopt legislation responding to this court decision.
Financial Implications: General Fund - $30,000
Contact: Jane Micallef, Housing, 981-5400

Action: 0 speakers. M/S/C (Maio/Anderson) to direct the City Manager to pursue consideration of new affordable housing policies: an affordable housing mitigation fee,  and revisions to the density bonus program and/or zoning regulations to encourage affordable housing. .

Staff to include the following considerations when returning to Council:

  • Limited equity co-op housing policies
  • Graduated incentives for developments providing affordable housing at 20%, 25% and 50% or total project.  Maximum incentives to 50% or greater.

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

19. Determine Final Pool Configuration and Budget for Services (PDF)
From: City Manager
Recommendation: Direct staff to return with a capital and operational limits for a possible Community Facilities District.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: 11 speakers.  M/S/C (Worthington/Moore) to accept late report.  M/S/C (Worthington/Moore) to direct staff to return with possible pools configurations with a capital and operational limit of $20 Million/Under $60 per average homeowner for a possible Community Facilities District.
Vote:  Ayes: – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates

20. Panoramic Hill (ESR) Zoning Ordinance Revision (PDF)
From: City Manager
Recommendation: Adopt first reading of proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  4 speakers. Referred to Agenda Committee for future scheduling.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Abstain: Capitelli.

M/S/C (Anderson/Maio) to suspend the Council rules of procedure and extend the meeting to 11:30 p.m. 

M/S/C (Maio/Anderson) to suspend the Council rules of procedure and extend the meeting to 11:45 p.m. 

M/S/C (Wozniak/Capitelli) to suspend the Council rules of procedure and extend the meeting to 11:55 p.m.

21. City Auditor's Annual Report for the Fiscal Year 2009 (PDF)
From: Auditor
Recommendation: Accept report. To save money and address risk, request City Manager action on the 1999 MOU simplification and 1998 grants accountability recommendations.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: 0 speakers. M/S/C (Capitelli/Maio) to approve the City Auditor’s recommendation to accept report. To save money and address risk, request City Manager action on the 1999 MOU simplification and 1998 grants accountability recommendations.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates

22. Fiscal Responsibility and Outstanding Audits: Policies, Problems, and Solutions (PDF)
From: Auditor
Recommendation: To avoid revenue reductions and service delivery gridlock, request the City Manager, in his budget proposals, to:

  1. Include comprehensive evaluation of internal control impacts of each budget cut (as directed by Council  on October 9, 2007)
  2. Include a re-statement, for Council adoption, of Council’s policy to balance reductions to City administrative services so as not to jeopardize fiscal accountability (adopted March 23, 2004)
  3. Include a re-statement, if appropriate, for Council adoption, of Council’s previous policy of using one-time reserves for organizational restructuring and efficiencies that will yield significant, recurring savings over time (adopted March 23, 2004)
  4. Review the attached analysis of outstanding recommendations. Include plans to appropriately prioritize needed improvements before the next round of staff reductions eliminates the resources needed to do the work

Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Action: 0 speakers. M/S/C (Worthington/Wengraf) to approve the City Auditor’s recommendation: To avoid revenue reductions and service delivery gridlock, request the City Manager, in his budget proposals, to:

  1. Include comprehensive evaluation of internal control impacts of each budget cut (as directed by Council  on October 9, 2007)
  2. Include a re-statement, for Council adoption, of Council’s policy to balance reductions to City administrative services so as not to jeopardize fiscal accountability (adopted March 23, 2004)
  3. Include a re-statement, if appropriate, for Council adoption, of Council’s previous policy of using one-time reserves for organizational restructuring and efficiencies that will yield significant, recurring savings over time (adopted March 23, 2004)
  4. Review the attached analysis of outstanding recommendations. Include plans to appropriately prioritize needed improvements before the next round of staff reductions eliminates the resources needed to do the work

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates


Information Report

23. 2009 Peer Review: Audit of the City of Berkeley Auditor's Office (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

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


Adjournment- 11:52 p.m. in honor of Doris Tabor and Laurie Bright.


Item 20: Panoramic Hill (ESR) Zoning Ordinance Revision
1.   Janice Thomas

No Parking Areas on Euclid Avenue
2.   Florence Baldwin

Secondhand Smoke Issues
3.   Carol Denney

Trimming of Coastal Live Oak Trees
4.   John & Margo Olson

Restriping of The Alameda
5.   Zelda Bronstein

Demolishing the Old Gymnasium at Berkeley High
6.   Marie Bowman


Supplemental Communications and Reports 1 (PDF)

Item 8: Designation of February 2010 as National Teen Dating Violence Awareness and Prevention Month
7.   Leah Talley, on behalf of the Human Welfare and Community Action Commission (HWCAC)
8.   Ginsi Bryant, on behalf of the Youth Commission

Item 16: ZAB Appeal: 3001 Telegraph Avenue
9.   Henry Sobel

Item 17: ZAB Appeal: 3001 Dwight Way
10.  Timothy Johnson

Item 19: Determine Final Pool Configuration and Budget for Services (To Be Delivered)

  • To Be Delivered report, submitted by Parks, Recreation & Waterfront (see agenda item)

11.  Robert Collier, on behalf of the Berkeley Pools Campaign
12.  Karen Davis

Item 20: Panoramic Hill (ESR) Zoning Ordinance Revision
13.  Ann Slaby
14.  Catherine Orozco
15.  Nigel Guest
16.  Suzanne Scotchmer

Supplemental Communications and Reports 2 (PDF)

Item 10: Letter Urging the Iran Government to Release Arrested Cal Students

  • Revised materials, submitted by Kriss Worthington, District 7

Item 13: 25th Anniversary Jewish Music Festival - March 26 to 28 2010

  • Revised materials, submitted by Kriss Worthington, District 7

Item 15: ZAB Appeal: 1930 Martin Luther King, Jr. Way
17.  Eric Dynamic
18.  Steven Wollmer

Item 17: ZAB Appeal: 3001 Dwight Way
19.  Rena Rickles
20.  Jane Tierney
21.  Sharon Siskin
22.  David Schooley

Item 18: Affordable Housing Policies

  • Presentation, submitted by Housing & Community Services

Item 19: Determine Final Pool Configuration and Budget for Services
23.  Unknown