Regular Meeting eAgenda
January 25, 2011

Printer-friendly PDF* agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, January 25, 2011
 
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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.  Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.
 

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.
 
In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar
 
The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
 
After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

From: Citizens Humane Commission
Recommendation: Adopt second reading of Ordinance 7,164–N.S. amending Berkeley Municipal Code Chapter 3.08 to change the name of the Citizens Humane Commission to the Berkeley Animal Care Commission and amending Berkeley Municipal Code Section 3.08.010.
Financial Implications: None
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Kate O’Connor, Commission Secretary, 981-7000
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance codifying the existing practice for permitting telecommunications facilities in the public right of way under BMC Chapter 16.10.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 8547 with the Downtown Berkeley Association (DBA) increasing the contract amount by $50,000 from $325,000 to $375,000.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution authorizing execution of a contract and any amendments with Minuteman Press, a local Berkeley business, in an amount not to exceed $960,000 through June 30, 2015, CMS No. SBA5V.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept the Community Services Block Grant (CSBG) Contract Number 11F-4201 for a total of $259,993, and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2011 to December 31, 2011.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application for Proposition 40 and 84: Urban Forestry Grant Program Funds in the amount of $137,500, and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
Recommendation: Adopt a Resolution accepting the California Statewide Contract's bid procedures to satisfy the requirement of Berkeley Charter 67.2 and authorizing the City Manager to execute a purchase order for 7 patrol vehicles with Hoblit Motors in an amount not to exceed $197,365.
Financial Implications: Equipment Replacement Fund - $197,365
Contact: Andrew Clough, Public Works, 981-6300
 
From: Housing Advisory Commission
Recommendation: That the City Council join other Bay Area Cities in lobbying for changes to state and federal regulations, requiring PG&E to install automatic shut off valves at T-junctions between transmission and distribution lines, to promote greater safety from potential gas line explosions and fires.
Financial Implications: None
Contact: Kristen Lee, Commission Secretary, 981-5400
 
Council Consent Items
 
From: Councilmember Wengraf
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $250 per Councilmember to Berkeley Partners for Parks to sponsor Berkeley Path Wanderers with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Wengraf
Recommendation: Refer to the Citizens Humane Commission the issue of amending BMC Chapter 10.12 "Keeping, Care and Control of Animals" to include the banning of roosters in residential zones in the City of Berkeley and return to Council with recommendations.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Worthington, Maio, Anderson and Arreguin
Recommendation: Adopt a proclamation recognizing and celebrating the 100th Birthday Celebration of Irving Van Ford.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Action Calendar
 
After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
 
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
 
Action Calendar – Public Hearing
 
Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.
 
Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
 
From: City Manager
Recommendation: Conduct a Public Hearing, and upon conclusion, direct staff to return with appropriate CEQA findings and ordinances to adopt the proposed modifications to the Zoning Ordinance and the West Berkeley Plan.  These changes are proposed in order to facilitate the reuse of existing buildings, the development of large multi-parcel sites, and the start-up of new types of industrial activities.  Changes proposed in zoning code sections (BMC 23B.36, 23E.28, 23E.72, 23E.76, 23E.80, and 23F.04) and to the West Berkeley Plan, Section 1.Land Use, Subsection VII Land Use Regulations of the West Berkeley Plan – For Adoption in Principle, pages 42 ff.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
1.    WEBAIC (West Berkeley Artisans and Industrial Companies)
2.    Michael McEwen
3.    Karen Zullo Sherr
4.    Richard Magarian
5.    Kent Vonhof
6.    Ilma Willard
7.    Susan Libby
8.    George Martin
9.    Daniel Baker
10. Kevin Stong
11. Wakean Maclean
12. Mary White
13. Berkeley Chamber of Commerce
14. Martha Nicoloff
15. Steve Sullivan (Acme Bread)
 
Action Calendar – New Business
 
From: City Manager
Recommendation: Adopt first reading of an Open Government Ordinance, adding Chapter 2.06 to the Berkeley Municipal Code.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
14.  Affordable Housing Impact Fee
Recommendation: Direct the City Manager to prepare an ordinance adopting an affordable housing impact fee of $20,000 per unit for new multifamily rental housing, and directing proceeds to the City's Housing Trust Fund. Direct the City Manager to draft changes to the inclusionary housing ordinance, specifically, removing components addressing rental housing in order to make Berkeley's requirements consistent with the Palmer/Sixth Street Properties vs. City of Los Angeles court decision.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
Recommendation: Adopt an Affordable Housing Impact Fee set at $28,000 per unit for new multifamily rental housing, and allow developers the option of setting aside 20% of the base units in a project to be available at below market rate rents, at the levels set under the City’s prior inclusionary housing requirement.  The HAC also recommends that City Council review the provisions of any impact fee when the City of Berkeley Housing Element is updated to ensure that they are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing.
Financial Implications: See report
Contact: Kristen Lee, Commission Secretary, 981-5400
 
Information Reports
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
Public Comment – Including Items Not Listed on the Agenda – 
 
Adjournment
 
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
 
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
 
Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.
Please refrain from wearing scented products to this meeting.
 
Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
 
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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 20, 2011.
 
Deanna Despain, City Clerk

 
 
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.
 
Good Cause Ordinance
1.    Jose Duarte