Regular Meeting Annotated Agenda
February 23, 2010

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 23, 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: 7:03 p.m.  Absent: Councilmember Anderson.  Councilmember Anderson present: 7:05 p.m.

Ceremonial Matters

  1. Ruth Rentz
  2. Deane Calhoun
  3. Peace Corps
  4. Drop Everything and Read (DEAR Day)
  5. Wendy Lessor

City Manager Comments: None

Public Comment on Non-Agenda Matters: 4 speakers. Referral to City Manager regarding Jim Sharp by Councilmember Worthington.

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

Consent Calendar

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

1. Lease Agreement: Charles and Theresa Lee, DBA Michelle's Yogurt and Sweets, at 2430 Durant Avenue at the Telegraph Channing Garage Shops (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,128-N.S. authorizing the City Manager to execute a lease agreement with Charles and Theresa Lee, doing business as Michelle's Yogurt and Sweets, for the purpose of a yogurt and sweets shop at 2430 Durant Avenue in the Telegraph Channing Garage Shops for the period April 1, 2010 to March 31, 2015.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted second reading of Ordinance No. 7,128–N.S.

2. Settlement of Claim by Gerald Weber (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the claim submitted by Gerald Weber in the amount of $42,500.
Financial Implications: Public Liability Fund - $42,500
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 64,775–N.S.

3. Minutes for Approval (PDF) 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 26, 2010 (regular), February 8, 2010 (special closed), and February 9, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Approved minutes of February 8, 2010 (special closed), and February 9, 2010 (special and regular).  Minutes of January 26, 2010 (regular) continued to March 9, 2010.

4. Donation: The Stephen and Mary Birch Foundation to the Animal Shelter (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation.
Financial Implications: Animal Shelter Donation Fund - $10,000 (donation)
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 64,776–N.S.

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 - $4,995,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

6. Classification and Salary: Deputy Director Rent Stabilization Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution to establish the Deputy Director Rent Stabilization Program classification with a monthly salary range without steps of $8,629 to $11,340, effective February 21, 2010.
Financial Implications: See report
Contact: Dave Hodgkins, Human Resources, 981-6800
Action:  Moved to Action Calendar.  M/S/C(Wozniak/Wengraf) to Continue to March 9, 2010.
Vote: Ayes: Maio, Capitelli, Wengraf, Wozniak, Bates.  Noes: Anderson, Arreguin, Worthington.  Abstain: Moore.

7. Agreement: Community Energy Services Corporation (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement with the Community Energy Services Corporation for the period March 1, 2010 through June 30, 2011 in the amount of $60,236 for administration of the Smart Solar program.
Financial Implications: ARRA Stimulus Fund - $60,236
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,777–N.S.

8. Increase Purchase Order for Evidence Testing (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 77845 to Alameda County Criminalist Laboratory by $25,000 for evidence testing and analysis services provided in FY 2010 as expenditures exceed the purchase limit currently authorized.
Financial Implications: General Fund - $25,000
Contact: Michael K. Meehan, Police Chief, 981-5900
Action:  Adopted Resolution No. 64,778–N.S. 

9. Contract No. 8042 Amendment: Page + Moris, LLC (PDF) 
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8042 with Page + Moris, LLC by increasing the expenditure authority by $10,000 in an amount not to exceed $60,000 for the provision of library service/building program consulting services for the branch library bond program.
Financial Implications: Measure FF Fund - $10,000
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 64,779–N.S.

Council Consent Items

10. Buy Local Preference (PDF)
From: Councilmember Moore
Recommendation: Direct the City Manager to explore ways in which to improve our current Buy Local Preference.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

11. City Manager Referral: Request for Report on FUND$ (PDF)
From: Councilmembers Capitelli, Moore, Wen
graf and Wozniak
Recommendation: Request that the City Manager present a status report to City Council on plans for the replacement of FUND$. A cost/benefit analysis with regard to security issues as well as functionality should be included. In addition, a transition plan to implement a modern financial system and a timetable for implementation should be addressed. Refer to the budget discussion implementation of a new system based on the City Manager's report.
Financial Implications: Significant
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180;
Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Approved recommendation.

12. Support Dawn Johnsen's Nomination to the U.S. Office of Legal Counsel (PDF)
From: Councilmember Worthington
Recommendation: Send a letter asking U.S. Senators Barbara Boxer and Diane Feinstein to actively support the confirmation of Dawn Johnsen to the post of Head of the U.S. Office of Legal Counsel (OLC), and send a letter to President Barack Obama thanking him for his continued support and re-nomination of Johnsen.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  No action taken.

Action Calendar – Appeals

13. ZAB Appeal: 1630 Capistrano Avenue (PDF)
Administrative Record (PDF)
From: City Manager
 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit (AUP) No. 09-20000072 to allow the establishment of one (1) uncovered off-street parking space within the required rear yard setback of a property with an existing single-family dwelling.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,780–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit (AUP) No. 09-20000072 to allow the establishment of one (1) uncovered off-street parking space within the required rear yard setback of a property with an existing single-family dwelling.

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

 

Action Calendar – Public Hearing

14.    June 2010 Ballot Measure: Community Facilities District No. 2 (Berkeley Pools)
Supplemental materials (PDF)
a. From: City Manager (PDF)
Recommendation:
Conduct Public Hearing and upon conclusion, adopt three Resolutions:

1    Resolution of formation, establishing Community Facilities District No. 2 (Berkeley Pools), authorizing the levy of a special tax within the District, preliminarily establishing an appropriations limit for the District, and calling an election for the purpose of submitting the levy of the special tax and the establishment of the appropriations limit to the qualified electors of the District;

2    Resolution determining the necessity to incur a bonded indebtedness within proposed Community Facilities District No. 2 (Berkeley Pools), setting forth the measure to be voted on, and calling an election for the purpose of submitting the measure to the qualified electors of the District; and

3    Resolution declaring the official intent of the City to be reimbursed for certain capital expenditures from the proceeds of indebtedness (Community Facilities District No. 2 – Berkeley Pools)

Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. Making a Finding of Urgent Necessity, Calling for a Consolidated Special Municipal Election for June 8, 2010, and Designating Councilmembers to File Ballot Arguments (PDF)
From: City Manager
Recommendation:

1.   Adopt a Resolution making a finding of urgent necessity to call a special election (requires 2/3 vote).

2.   Adopt a Resolution:

a.   Calling for a Special Municipal Election to be consolidated with the Statewide Direct Primary Election to be held in Berkeley on June 8, 2010;

b.   Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley Special Municipal Election with the Statewide Direct Primary Special Election;

c.   Authorizing certain procedural and contractual actions; and

d.   Authorizing the filing of rebuttal arguments for city ballot measures pursuant to Elections Code Section 9285.

3.   Designate certain councilmembers to file ballot arguments on behalf of the legislative body pursuant to Elections Code Section 9282 and 9287.

Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900

Public Testimony: The Mayor opened the public hearing. 18 speakers. 0 protests reported.  M/S/C (Moore/Maio) to close the public hearing.

Action: M/S/C (Worthington/Capitelli) to reconsider the February 9, 2010 action and approve the following as the final pools configuration and amount of the bond to be issued for constructing, renovating and/or repairing public swimming facilities in Berkeley:

Features: 

King: Construct 25 Yd by 25 M competition pool with shallow area and renovate associated existing pool facilities

Willard: Renovate existing pool and associated facilities

West Campus: Construct 2,250 s.f. indoor warm water pool and renovate existing outdoor pool and associated facilities.

Cost: 

Estimated Construction Costs:  $22.6 million

Maintenance and Operations: $730k Annual Shortfall plus $250k annual costs for expanded hours.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worhtington, Wozniak, Mayor Bates; Noes - None
 

Action Calendar – Old Business

15. Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans who acted in Opposition to the War for Matters of Conscience (continued from January 19, 2010) (PDF)
From: Councilmembers Maio and Worthington
Recommendation: Adopt a Resolution recommending that military personnel who have served in the United States military since October 7, 2001, and who have been charged, or for whom charges are pending, be granted Universal and Unconditional Amnesty, such amnesty to amount to forgiveness for all convictions or charges of desertion or Absent Without Leave or Unauthorized Absence if, and only if, such leave or absence was determined to be caused by matters of personal conscience in opposition to the illegal wars in Iraq and/or Afghanistan and/or Pakistan.
Financial Implications: None
Contact:  Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to March 9, 2010.

Action Calendar – New Business

16. ZAB Certification: 3095 Telegraph Avenue (PDF) 
From: City Manager
Recommendation: Adopt a Resolution:

1    Certifying the Zoning Adjustments Board's (ZAB) action regarding Administrative Use Permit No. 09-20000161, for the project at 3095 Telegraph Avenue, for review by the Council, and

2    Set this matter for hearing on March 23, 2010.

Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,781–N.S. certifying the Zoning Adjustments Board's (ZAB) action regarding Administrative Use Permit No. 09-20000161, for the project at 3095 Telegraph Avenue, for review by the Council, and

Public Hearing to be held on March 23, 2010.

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

Council Action Calendar

17. Rescind Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan (PDF)
From: Mayor Bates, Councilmembers Capitelli and Wozniak
Recommendation: Adopt a Resolution rescinding Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan regarding Environmental Impacts, Mitigation measures, Alternatives, Overriding Consideration, and other Matters in Accordance with the California Environmental Quality Act, a Mitigation Monitoring and Reporting Program, the Downtown Area Plan and Associated Amendments to the General Plan to Incorporate the Downtown Area Plan, approved by Berkeley City Council on July 14, 2009.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

Action: Moved to Consent Calendar. Adopted Resolution No. 64,782–N.S. rescinding Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan regarding Environmental Impacts, Mitigation measures, Alternatives, Overriding Consideration, and other Matters in Accordance with the California Environmental Quality Act, a Mitigation Monitoring and Reporting Program, the Downtown Area Plan and Associated Amendments to the General Plan to Incorporate the Downtown Area Plan, approved by Berkeley City Council on July 14, 2009.

18. Discussion of Proposed Revisions to the Downtown Area Plan including Building Heights, Provisions of Public Benefits by Developers and Developmental Feasibility (PDF)
From: Mayor Bates, Councilmembers Capitelli and Wozniak
Recommendation: In the event that the City Council rescinds the Downtown Area Plan (Resolution 64,581 N.S.), Discuss the Proposed Revisions to the Downtown Area Plan (DAP) Building Heights, Provision of Public Benefits by Developers, and Developmental Feasibility, and Refer Recommendations to the City Manager for Staff Analysis; and, Request the City Manager return to the City Council with language and schedule for action that allows for placement of New Downtown Area Plan Policies, Goals and Development Standards on the November 2010 Ballot.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

Action:  Discussion held regarding the Proposed Revisions to the Downtown Area Plan (DAP) Building Heights, Provision of Public Benefits by Developers, and Developmental Feasibility.  M/S/C (Maio/Capitelli) to approve the Mayor’s recommendation to refer recommendations to the City Manager for Staff Analysis, and, request the City Manager return to the City Council with language and schedule for action that allows for placement of New Downtown Area Plan Policies, Goals and Development Standards on the November 2010 ballot, as revised to include the following:

  • 2 mixed use buildings and 1 hotel not to exceed existing heights in Downtown Berkeley
  • 2 office use buildings not to exceed 120’
  • Labor conditions referred to the Mayor, including further discussion on enforcement and monitoring. State of California standard for prevailing wage recommended. 
  • Inclusionary requirements for rental units with the voluntary “Green Pathway”
  • Add requests made in July AC Transit letter.
  • Strive to meet Sierra Club letter request for greater certainty regarding developer requirements.
  • Consider Sarah Syed letter on transportation programs and improvements.
  • Super Green concept – allow projects that will demand zero net energy to defer building fees (so that on-going energy cost savings can be used to pay off such fees).  Consider a similar allowance for LEED Platinum projects. .
  • No tall buildings on Berkeley Way below Bonita.
  • Affordable housing requirement for construction not on the “Green Pathway” as much as legally feasible and to include potential future actions on Housing Mitigation Fee.
  • Landmark Preservation Commission – consider determination of Landmark status at key locations through analysis in advance of development applications.

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

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

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

Councilmembers Moore and Arreguin exited meeting: 11:12 p.m.

19. Support the Elimination of Mobile Billboard Advertising Within the City (PDF)
From: Councilmember Worthington
Recommendation: Refer the City Manager to consider drafting an ordinance banning mobile billboards as an outlet of advertising upon any public place within the city.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to March 9, 2010.

20. American Relief Efforts in Haiti (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution officially urging President Barack Obama and his administration to commit to prioritize aid and relief over military intervention in the wake of the recent earthquake to hit the nation of Haiti.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: M/S/C (Worthington/Maio) to adopt Resolution No. 64,783–N.S. officially urging President Barack Obama and his administration to commit to prioritize aid and relief over military intervention in the wake of the recent earthquake to hit the nation of Haiti as revised to remove the following:

WHEREAS, there has been compelling testimony from humanitarian organizations on the ground that US military actions have prevented them from using airports to bring in relief supplies, to no clear security purpose.

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

21. Formation of Inter-Agency Liaison Committee with Alameda Contra-Costa Transit District (“AC Transit”) (PDF)
From: Councilmembers Worthington, Arreguin and Capitelli
Recommendation:  Create a special committee of no more than four (4) council members.  The co-sponsors invite the Mayor to join or designate another council member to participate and request the city manager to appoint various city staff members to meet with AC Transit officials on a quarterly basis.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar. Approved Councilmembers Worthington, Arreguin and Capitelli’s recommendation to create a special committee of no more than four (4) council members.  The co-sponsors invite the Mayor to join or designate another council member to participate and request the city manager to appoint various city staff members to meet with AC Transit officials on a quarterly basis.


Information Reports

22. Lennard Davis v. City of Berkeley - Alameda County Superior Court Case No. RG07 317975 (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Received and filed.

23. Investment Report: Quarter Ended December 31, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

24. Six Month Status Update: Grants Awarded Through the American Recovery and Reinvestment Act of 2009 (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

25. Measure WW Project Applications (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

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

Adjournment: 11:28 p.m.

Communications

Styrofoam at James Kinney
1.    Carol Denney

Mandatory Bike Helmet Law
2.    H. Scott Prosterman

North Shattuck Plaza / Master Plan / Pedestrian Plan
3.    Estelle Jelinek
4.    Eric Anderson
5.    Mary Ann Brewin

Berkeley Patients Group
6.    Christopher Allen

Tobacco Industry
7.    Carol Denney

Smart Meters
8.    Kate Bernier

Budgetary Concerns
9.    Victoria Peirotes

5-County Rail
10. Robert Allen

Supplemental Communications and Reports 1

Item 6: Classification and Salary: Deputy Director Rent Stabilization Program

11. Anne Whyte

Item 14: June 2010 Ballot Measure: Community Facilities District No. 2 (Berkeley Pools)
12. Todd Wright
13. August Fern
14. Sally Nelson
15. Laura Howard
16. Greg Rosen
17. Kathryn Cohen
18. Joan Primeau
19. Gioia Suplick
20. Monica Lam
21. Miriam Ciochon
22. Lessly Field
23. Catherine & Greg Choy
24. Vicki Sommer
25. Cordula Didier
26. Elise Lusk
27. Valerie Dow
28. Dove Scherr
29. Cathleen Fogel
30. Monique Comacchio
31. Chalon Emmons
32. Kathryn Rogers
33. Anne Schonfield
34. Niema Coleman
35. Kimberley O’Keefe
36. Scott Berkowitz
37. Claudia Currie-Gleason
38. Paula Wagner (2)
39. Danielle Cass
40. Renee Soule
41. Todd Greenspan
42. Linda Worthman
43. Janet McColl
44. Suzanne Baird

Action Calendar – New Business

Item 16: ZAB Certification: 3095 Telegraph Avenue
45. Karl Reeh, on behalf of the LeConte Neighborhood Association

Item 18: Discussion of Proposed Revisions to the Downtown Area Plan including Building Heights, Provisions of Public Benefits by Developers and Developmental Feasibility
46. Joe DiStefano
47. Emunah Hauser
48. John Steere
49. David Early
50. Helen Burke, on behalf of the Sierra Club Northern Alameda County Group

Item 20: American Relief Efforts in Haiti
51. Carolyn Scarr
52. Mr. & Mrs. Mario Zelaya
53. Sydney Vilen
54. Andrea Carney

Supplemental Communications and Reports 2

Item 17: Rescind Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan

·         Supplemental materials, submitted by the Mayor’s Office (see agenda item)

Item 20: American Relief Efforts in Haiti
55. Unknown (8)

Graffiti / Vandalism
56. Unknown