Regular Meeting Annotated Agenda
November 9, 2010

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 9, 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: 7:00 p.m.  Absent: Mayor Bates.

Ceremonial Matters: 

  1. Berkeley City College Digital Arts Club
  2. November is Pancreatic Cancer Awareness Month

City Manager Comments: None

Public Comment on Non-Agenda Matters: 4 speakers.

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

Consent Calendar

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

1. Chapter 19.24 B.M.C. Amendment: Construction and Demolition Debris Salvage and Recycling (PDF)
From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,156–N.S amending the Berkeley Municipal Code Chapter 19.24 Construction and Demolition Debris Salvage and Recycling.
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,156–N.S.  Absent – Mayor Bates.

2. Adoption of the 2010 California Fire Code with Local Amendments (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,157–N.S repealing and reenacting the Berkeley Fire Code, Chapters 19.48 and related procedural and stricter provisions; 
Financial Implications: See report
First Reading Vote: All Ayes.
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted second reading of Ordinance No. 7,157–N.S.  Absent – Mayor Bates.

3. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 19, 2010 (special, regular and special closed) and October 26, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Adopted minutes as submitted.

4. 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 - $66,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

5. National Urban Search and Rescue Response System Memorandum of Agreement with the City of Oakland (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Agreement and any amendments with the City of Oakland, as the coordinating agency, regarding participation in the National Urban Search and Rescue Response System with the U.S. Department of Homeland Security acting through the Federal Emergency Management Agency and the State of California.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 65,085–N.S.  Absent – Mayor Bates.

6. Grant Contract: California Coastal Conservancy - Bay Trail Extension Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the California Coastal Conservancy in the amount of $355,000; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,086–N.S.  Absent – Mayor Bates.

Council Consent Items

7. Berkeley Food and Housing Project: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Moore
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $250 per Councilmember to the Berkeley Food and Housing Project with funds relinquished to the City's general fund to attend their 40th Anniversary Events from the discretionary Council Office Budgets of Councilmembers Moore and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,087–N.S. to include the following relinquishments:Councilmember Maio: $100, Councilmember Anderson - $150, Councilmember Arreguin - $100, Councilmember Capitelli - $100, Councilmember Wengraf - $250 and Councilmember Worthington - $50.   Absent – Mayor Bates.

8. Northside Merchants Association: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $2332 to the Northside Merchants Association with funds relinquished to the City’s general fund for the decoration of City streets by hanging Holiday lights on trees in Northside of campus and for labor costs from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $2332
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,088–N.S.  Absent – Mayor Bates.

Action Calendar – Appeals

9. ZAB Appeal: 35 Rock Lane (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 No. 09-20000090, to construct a new third story of approximately 583 sq. ft. on an existing two-story, approximately 1,589 sq. ft. single-family residence.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications

  1. Rena Rickles

Action: M/S/C (Capitelli/Wengraf) to set the matter for a public hearing.  Date to be determined.  
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Mayor Bates. 

10. ZAB Appeal: 1006 Creston Road (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 approve Administrative Use Permit No. 09-20000034 to construct a 3,628 square foot, two-story single-family residence and a ground-level, 640 square foot accessory dwelling unit, to replace a 2-story, approximately 3,100-sq. ft., fire-damaged dwelling on a 15,030 square foot parcel in the Single Family Residential District - Hillside Overlay.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications

  1. William S. Berland
  2. Don Arbitblit
  3. Chris Sheppard
  4. Anderson Anderson Architecture

Action: M/S/C (Worthington/Anderson) to adopt Resolution No. 65,089–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000034 to construct a 3,628 square foot, two-story single-family residence and a ground-level, 640 square foot accessory dwelling unit, to replace a 2-story, approximately 3,100-sq. ft., fire-damaged dwelling on a 15,030 square foot parcel in the Single Family Residential District – Hillside Overlay.
Vote: Ayes, Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Noes: Wengraf.  Abstain: Wozniak.  Absent: Mayor Bates.

Action Calendar – Public Hearing

11. Downtown Berkeley Business Improvement District Annual Assessment (PDF)
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt two Resolutions.

1.   Adopt a Resolution confirming the 2011 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2011.

2.   Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $325,000 of Downtown BID funds to support Downtown revitalization for the period January 1, 2011 to December 31, 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Vice-Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Arreguin) to close the public hearing.

Action: M/S/C (Worthington/Arreguin) to adopt the following:

1    Resolution No. 65,090–N.S. confirming the 2011 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2011.

2    Resolution No. 65,091–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $325,000 of Downtown BID funds to support Downtown revitalization for the period January 1, 2011 to December 31, 2011.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Mayor Bates. 

12. Bingo Facility at 1284 San Pablo Avenue - Public Hearing and Determination Regarding Revocation of Use Permit (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, direct staff to return with a Resolution on November 16, 2010 declaring the Bingo Facility at 1284 San Pablo Avenue in violation of Use Permit No. A954 under Berkeley Municipal Code Section 23B.60.020 and revoking Use Permit No. A954 and continuing the Council's consideration to November 16, 2010 for adoption of the Resolution.
Financial Implications: None
Contact: Gregory Daniel, Code Enforcement, 981-2492

Public Testimony: The Vice-Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Worthington) to close the public hearing.

Action: M/S/C (Worthington/Moore) to direct staff to return with a Resolution on November 16, 2010 declaring the Bingo Facility at 1284 San Pablo Avenue in violation of Use Permit No. A954 under Berkeley Municipal Code Section 23B.60.020 and revoking Use Permit No. A954 and continuing the Council's consideration to November 16, 2010 for adoption of the Resolution.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Mayor Bates. 

13. Adoption of Berkeley Building Codes - Second Reading (PDF)
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt second reading of Ordinance No. 7,158–N.S. repealing and reenacting the Berkeley Building Code including Appendix J, Electrical, Mechanical and Plumbing Codes in BMC Chapters 19.28, 19.30, 19.32, and 19.36 and adopting new BMC Chapters 19.29, (Residential Code), 19.37 (Green Building Standards Code) and related procedural and stricter provisions.
Financial Implications: None.
First Reading Vote: All Ayes.
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Vice-Mayor opened the public hearing. 0 speakers.  M/S/C (Worthington/Moore) to close the public hearing.

Action: M/S/C (Worthington/Moore) to adopt second reading of Ordinance No. 7,158–N.S. repealing and reenacting the Berkeley Building Code including Appendix J, Electrical, Mechanical and Plumbing Codes in BMC Chapters 19.28, 19.30, 19.32, and 19.36 and adopting new BMC Chapters 19.29, (Residential Code), 19.37 (Green Building Standards Code) and related procedural and stricter provisions.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Mayor Bates. 

Action Calendar – New Business

14. Speed Table Pilot Project (PDF)
From: City Manager
Recommendation: 

1.   Direct the City Manager to install speed tables at the following three locations: Rose Street between Ordway/Juanita, Forest Avenue between Claremont/Piedmont, and Josephine between Vine/Hopkins which met the criteria for participation in a pilot project to evaluate the effectiveness of speed tables in reducing traffic speeds. Six months after installation of the devices staff will review/analyze before and after traffic speed data and report the findings to Council. 

2.   Direct the City Manager to install a speed feedback sign on Alcatraz between Baker/Idaho and evaluate the effect on speed reduction.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: 4 speakers.  M/S/C (Capitelli/Wengraf) to approve the City Manager’s recommendation to:

  1. Direct the City Manager to install speed tables at the following three locations: Rose Street between Ordway/Juanita, Forest Avenue between Claremont/Piedmont, and Josephine between Vine/Hopkins which met the criteria for participation in a pilot project to evaluate the effectiveness of speed tables in reducing traffic speeds. Six months after installation of the devices staff will review/analyze before and after traffic speed data and report the findings to Council.
  2. Direct the City Manager to install a speed feedback sign on Alcatraz between Baker/Idaho and evaluate the effect on speed reduction.

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

Information Reports

15. Diversity Tracking on Boards and Commissions (PDF)
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Received and filed.

16. Audit Response: Workers' Compensation Costs Can Be Reduced by Improved In-House Processing and Adherence to Contract Terms (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

17. Report on Employee Safety and Workers' Compensation (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Continued to November 16, 2010.

18. Additional Swim Times at West Campus Pool in 2010 (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

19. Gilman Street Sports Fields Phase 2A - Status of Construction (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

20. Status Report: Leases Audit: Conflicting Directives Hinder Contract Oversight (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

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


 Adjournment: 9:22 p.m. in honor of Berkeley Veterans.

Communications

Berkeley Housing Authority Issues

1.    Elidia Duarte: Referred to City Manager by Councilmembers Moore and Maio.

Gas Shut-Off Valves

2.    Kristen Lee, on behalf of the Housing Advisory Commission: Referred to City Manager by Councilmember Worthington.

 

Supplemental Communications and Reports 1

Item 9: ZAB Appeal: 35 Rock Lane

3.    Robert Diener
4.    Steven Buckley, Planning & Development (9 ‘in support of’ letters)

Supplemental Communications and Reports 2

Item 9: ZAB Appeal: 35 Rock Lane

5.    Unknown

Multicultural Night

6.Unknown