Regular Meeting Annotated Agenda
September 28, 2010

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 28, 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: 7:05 p.m.  Absent: Councilmember Worthington.  Councilmember Worthington present at 7:12 p.m.

Ceremonial Matters:

  1. Indigenous People’s Day
  2. Youthworks
  3. Floyd Salas

City Manager Comments:  Possible error on the November Ballot (School Tax Measure).  Staff to investigate. 

Public Comment on Non-Agenda Matters: 2 speakers.

Public Comment on Consent Calendar and Information Items Only: 0 speakers.
 
Consent Calendar
 
Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,152–N.S. repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.18 regarding regulation of bingo operations.
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Gregory Daniel, City Manager’s Office, 981-7000
Action: Adopted second reading of Ordinance No. 7,152–N.S.
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,153–N.S. amending Berkeley Municipal Code (BMC) Section 9.48.080 extending the hours when sidewalk vendors of arts and crafts and flowers may operate; amending Section 9.49.120 extending the hours when sidewalk Food vendors may operate, and amending both sections to make minor changes to the hours when vending facilities may be moved in and out of their allocated sites.
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Michael Caplan, Economic Development, 981-7530
Action: Adopted second reading of Ordinance No. 7,153–N.S.
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,154–N.S. amending Berkeley Municipal Code section 7.12.010 to reflect longstanding practice for budget allocations to the public liability fund, as recommended by the "Efficiency and Transparency of Contract Fiscal Management Needs Improvement" Audit presented to the Council on July 13, 2010.
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,154–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2011, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 65,046–N.S.
 
5.        **Removed from agenda per City Manager**Grant: 510-Free From Tobacco Project
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Amend Resolution No. 64,893-N.S. to:
1    Change the source of funding for a previously approved $86,250 loan to Strawberry Creek Lodge (SCL) from Community Development Block Grant (CDBG) to Housing Mitigation funds;
2    Waive the Housing Trust Fund (HTF) Guidelines dealing with predevelopment loans limits in order to process the loan to SCL; and
3    Allow the City to reimburse SCL for approved predevelopment expenditures that are incurred prior to executing the necessary loan documents.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,047–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract Number 7911 with The Lipman Company, Inc. (TLC) for administration of the Retiree Health Premium Assistance Plan and other retiree medical programs (the Plan) for sworn Fire and Police, to increase the amount by $275,000 for a total not to exceed $400,000 and extending the terms of the contract from January 1, 2011, through December 31, 2013.
Financial Implications: Various Funds - $400,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,048–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Waiving payment of future interest and administrative costs by BerkeleyFIRST clients who are required to prepay their special taxes in connection with a sale of their property or a refinancing of a private loan, and
2    Authorizing the City Manager to execute an amendment to the Fiscal Agent Agreement relating to the BerkeleyFIRST bonds: a) To allow redemption of the bonds without premium following a special tax prepayment in those circumstances, and also b) To authorize the City Manager to replace the existing fiscal agent for the bonds with the Finance Director, if determined to be in the best interests of the City.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,049–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Approving specifications for the Marina Pile Replacement Project 10-10526-C;
2    Accepting the bid of Ghilloti Bros / Cooper Crane, JV; 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 $288,000, for the period of 210 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,050–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8009, a nine (9) unit residential condominium located at 1200-1214 Spruce Street and 2214 Eunice Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,051–N.S.
 
From: City Manager
Recommendation  Adopt a Resolution denying Use Permit No. 05-10000084 to construct a two-story, 1,279 square-foot, detached dwelling unit with a reduced rear yard setback of 10 feet at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, consistent with the City Council decision of July 13, 2010. Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,052–N.S.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Recused: Maio.
Absent: Councilmember Maio 7:38 p.m. - 7:41 p.m.
 
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance amending the residential and commercial district regulations in the Berkeley Municipal Code to be consistent with the regulations in Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: None
First Reading Vote:  All Ayes
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action:  Adopted first reading of Ordinance No. 7,155–N.S.  Second reading scheduled for October 19, 2010.

 
Council Consent Items
 
From: Mayor Bates and Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to the Berkeley Holiday Fund’s annual campaign with funds from the Mayor and Council’s office expense accounts relinquished to the City for this purpose.
Financial Implications: Mayor and Councilmembers’ Discretionary Funds – not to exceed $500.
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,053–N.S.
 
From: Mayor Bates and Councilmembers Maio, Moore and Capitelli
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $200 per Councilmember to the Berkeley High Parent Resource Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore, and any other Councilmembers who would like to attend CEID’s 30th Anniversary Gala.
Financial Implications: Mayor and Councilmembers’ Discretionary Funds – Not to exceed $200.
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,054–N.S. to approve the expenditure of an amount not to exceed $200 per Councilmember to the Center for the Early Intervention on Deafness (CEID).
 
From: Councilmember Worthington
Recommendation: Send a letter to President Barack Obama urging him to grant clemency for Leonard Peltier.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  M/S/C (Worthington/Moore) send a revised letter to President Barack Obama urging him to grant clemency for Leonard Peltier.

Vote: All ayes.
 
From: Councilmember Worthington
Recommendation: Oppose Prop 26, the November ballot that increases the legislative vote requirement to two-thirds for environmental and public protection from oil and tobacco company mishaps.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
 
From: Councilmember Wozniak
Recommendation: Adopt a Resolution accepting a grant for $4,650 from the Friends of Piedmont Way (FPW) to plant 31 street trees along Piedmont Avenue, between Bancroft and Dwight Ways.
Financial Implications: $4,650 (grant)
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Adopted Resolution No. 65,055–N.S.

Action Calendar - Appeals
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit (UP) No.10-10000013 to exceed the quota for Quick Service Restaurants in the Telegraph Commercial (C-T) District and establish a frozen yogurt shop in a 1,170 square foot retail tenant space.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
  1. Joann Kim
  2. Christine Limpin

Speakers: 3
Action: M/S/C (Wozniak/Wengraf) to adopt Resolution No. 65,056–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit (UP) No.10-10000013 to exceed the quota for Quick Service Restaurants in the Telegraph Commercial (C-T) District and establish a frozen yogurt shop in a 1,170 square foot retail tenant space revised to reflect May13, 2010 in the second whereas clause and May 20, 2010 in the third whereas clause.
Vote: Ayes: Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Maio, Arreguin and Worthington.  Abstain: Moore.

Councilmember Moore exited meeting at 9:12 p.m.

19. ZAB Appeal: 2412 Stuart Street (PDF)
Administrative Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution remanding Administrative Use Permit (AUP) No. 09-20000070 to the Zoning Adjustments Board (ZAB) for a public hearing to conduct additional fact-finding and possible reconsideration due to changes to the occupancy status of 2412 Stuart Street, Units No. 1 and No. 2, which may result in the need for additional findings.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications
None

Speakers: 2
Action: M/S/C (Maio/Worthington) to adopt Resolution No. 65,057–N.S. remanding Administrative Use Permit (AUP) No. 09-20000070 to the Zoning Adjustments Board (ZAB) for a public hearing to conduct additional fact-finding and possible reconsideration due to changes to the occupancy status of 2412 Stuart Street, Units No. 1 and No. 2, which may result in the need for additional findings.  Staff to evaluate possible detrimental impacts on housing supply by the elimination of the unit and possible loss of Measure Y protections.
Vote: Ayes: Maio, Anderson, Arreguin, Capitelli, Worthington, Bates.  Noes: Wengraf, Wozniak.  Absent: Moore.

Action Calendar - Old Business

20. State Legislation to Bar All Utility Companies Including PG&E from Spending Ratepayer Revenue on Political Campaigns (continued from September 21, 2010) (PDF)
From: Councilmember Worthington
 
Recommendation: Adopt a Resolution supporting Senator Mark Leno’s proposed bill, which seeks to bar all utility companies including PG&E from using ratepayer revenues to fund political campaigns.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from the Agenda.

21. Supporting Food and Water Watch's Spill The Truth Campaign to Temporarily Shut Down The BP Atlantis Oil Rig (Continued from September 21, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to President Barack Obama, urging him to direct Secretary of the Interior Ken Salazar to temporarily shut down the BP Atlantis oil platform until federal regulators can prove the rig operates safely.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from the Agenda and referred to the Agenda Committee.

22. Opposing the Proposed Comcast-NBC Universal Merger (Continued from September 21, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution opposing the proposed Comcast-NBC merger and send a letter to the Federal Communications Commission (FCC) and Justice Department Anti-trust Division urging opposition to the merger.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from the Agenda and referred to the Agenda Committee.

Action Calendar - Council Items

23. Tenant Application Screening Fees (PDF)
Revised Agenda Material (PDF)
From: Councilmember Arreguin
 
Recommendation: Adopt first reading of an ordinance providing guidelines for rental application screening fees and notice to rental applicants of those guidelines and their rights.
Financial Implications: 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Moved to Consent Calendar. Referred the proposed guidelines and disclosures for rental application screening fees to the City Manager for the creation of a Tenant Screening Fee ordinance.
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution urging the UC to terminate its contract with BP in accordance to its fundamental principles.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Speakers: 8
Action: No action taken.
 
Information Reports
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

 
Public Comment – Including Items Not Listed on the Agenda – 4 speakers.
 
Adjourned at 10:01p.m.
 
 
Communications
 
Rebel Glass
1.    Alan Revere – referred to City Manager by Councilmember Wozniak.
Student Privacy
2.    Peace & Justice Commission
 
Supplemental Communications and Reports 1
 
Item 23: Tenant Application Screening Fees
3.    Judy Shattuck
 
Supplemental Communications and Reports 2
 
Item 23: Tenant Application Screening Fees
  • Revised materials, submitted by Jesse Arreguin, District 4 (see agenda item)

4.    Lisa Stephens, on behalf of the Rent Stabilization Board

Press Release / Student Privacy
5.    Peace & Justice Commission