Regular Meeting Annotated Agenda
March 22, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 22, 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

Preliminary Matters

Roll Call: 7:18 p.m.  All present.

Ceremonial Matters: 

  1. Celebrating The Kyle Harty Strang Leadership Development Program and the 2011 Trip to the Middle East

City Manager Comments: None

Public Comment on Non-Agenda Matters: 4 speakers.


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

Consent Calendar

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

1. Settlement of Claim by Arden Johnson; Claim No. GHB 012666 (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the claim by Arden Johnson for $36,500.  Claim No. GHB 012666.
Financial Implications: Public Liability Fund - $36,500
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,195–N.S.

2. Minutes for Approval (PDF) 
From: City Manager
Recommendation: Approve the minutes from the Berkeley City Council meeting of March 8, 2011 (special and regular) and March 14, 2011 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

3. Retiree Health Premium Assistance Plans and Trust Agreements (PDF)
From: City Manager
Recommendation: 

1.   Adopt seven (7) Resolutions authorizing the City Manager to execute and implement amended and restated Retiree Health Premium Assistance Plan documents and Retiree Health Premium Assistance Trust Agreements for the following representational groups: a. Confidential and Executive Management Employees in Representation Unit Z1 and Elected Officials,  b. Confidential Professional and Clerical Employees in Representation Units Z2 through Z9 c. Employees represented by the International Brotherhood of Electrical Workers Local 1245 d. Employees represented by Public Employees Union Local 1, e. Employees represented by Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association Chapters f. Employees represented by Service Employees International Union Local 1021 Maintenance and Clerical Chapters.  g. Employees represented by SEIU Local 1021 at the Berkeley Housing Authority. 

2.   Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement between the City and the Board of Commissioners of the Berkeley Housing Authority that provides that the Berkeley Housing Authority agrees to become an employer sponsor and agrees to follow all of the terms of the Retiree Health Premium Assistant Plan and the associated Plan Trust Agreement.

3.   Rescind Resolution No. 61,752-N.S. adopted September 17, 2002 that established the original Retiree Health Premium Assistance Plan.

4.   Rescind Resolution No. 64,874-N.S. adopted on May 18, 2010 that amended and restated the Grantor Trust established to hold assets of the Retiree Health Premium Assistance Plan to conform with GASB Statement Number 45 and to the requirements of Internal Revenue Code Section 115.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

Action:  1.  Adopted Resolution No. 65,196–N.S., Resolution No. 65,197–N.S., Resolution No. 65,198–N.S., Resolution No. 65,199–N.S., Resolution No. 65,200–N.S., Resolution No. 65,201–N.S., Resolution No. 65,202–N.S.
2. Adopted Resolution No. 65,203–N.S.
3. Approved recommendation.
4. Approved recommendation.

4. Reject And Rebid Contract For Renovation and Construction of the North Branch Library Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Accepting the requests to withdraw bids received from D.L. Falk Construction and J.H. Fitzmaurice, Inc.; and
2.   Rejecting all remaining bids received on February 17, 2011, prepare a new addendum, and reopen the bidding for the project as modified by the new addendum.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 65,204–N.S.

5. Designation of April 18 through April 24, 2011 as Sexual Exploitation of Youth Awareness Week (PDF)
From: Commission on the Status of Women
Recommendation: Adopt a Resolution designating April 18 through April 24, 2011 as Sexual Exploitation of Youth Awareness week.
Financial Implications: None
Contact: Nicole Kelly, Commission Secretary, 981-5125
Action:  Adopted Resolution No. 65,205–N.S.


Council Consent Items

6. 2011 Berkeley Earth Day Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Maio, Wozniak and Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1000 per Councilmember to the 2011 Berkeley Earth Day Festival (managed by the Ecology Center) with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $1000
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,206–N.S. to include the following relinquishments: Councilmember Wozniak - $300, Councilmember Moore - $100, Councilmember Arreguin - $300, Councilmember Capitelli - $100, Councilmember Wengraf - $100, and Mayor Bates - $500.

7. K to College School Supply Initiative: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Arreguin and Moore
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $220 per Councilmember to the K to College School Supply Initiative's Give 22 campaign with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmembers Jesse Arreguín and Darryl Moore and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $220
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,207–N.S. revised to include the following relinquishments: Councilmember Anderson - $100, and Councilmember Wengraf $100.

8. Proclamation: 2011 César Chávez Commemorative Period (PDF)
From: Councilmembers Arreguin, Worthington, and Anderson
Recommendation: Adopt a Proclamation declaring the period of March 21, 2011 to April 23, 2011 as the 2011 César Chávez Commemorative Period.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved proclamation.
 
9. Proclamation of the 9th Annual Holocaust Remembrance Day Event (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 9th Annual Holocaust Remembrance Day event.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.

10. Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt a Resolution to approve the expenditure of $801 to the Holocaust Remembrance Day Event with funds relinquished to the City’s general fund for this purpose from Councilmember Kriss Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $801
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,208–N.S. revised to include Councilmember Wengraf and to include the following relinquishments: Councilmember Capitelli - $100, Councilmember Anderson - $100, Councilmember Moore $100, and Councilmember Arreguin $200.


Action Calendar – Public Hearing

Administrative Record (PDF)
From: City Manager
Recommendation: Conduct a Public Hearing and affirm 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
Action: Project withdrawn.

12. West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements (PDF)
From: City Manager
Recommendation: Close the public hearing and:

1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopting CEQA findings and the Mitigation Monitoring Program.

2.   Adopt a Resolution amending the West Berkeley Plan and, by reference, the General Plan.

3.   Adopt first reading of an Ordinance amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions)
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: 17 speakers. 

1. M/S/C (Moore/Maio) to close the public hearing.  
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.

2. M/S/C (Worthington/Maio) to refer to the Planning Commission to review the permit requirements (Zoning Certificate or Administrative Use Permit) for Arts and Crafts uses.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates.

3. M/S/C (Wozniak/Wengraf) to adopt Resolution No. 65,209–N.S. certifying the Environmental Impact Report (EIR) and adopting CEQA findings and the Mitigation Monitoring Program.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.

4. M/S/C (Wengraf/Wozniak) to adopt Resolution No. 65,210–N.S. amending the West Berkeley Plan and, by reference, the General Plan.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.

5. M/S/C (Capitelli/Wozniak) to adopt the first reading of Ordinance No. 7,167–N.S. amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions) with the following amendment:

Add paragraph D. to section 23E.28.145 to read: “This section shall apply only to allow parking reductions for changes of use in spaces of 2500 square feet or less, that were in existence as of January 1, 2011.
Second reading scheduled for March 29, 2011.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.  Abstain: Anderson.

6. M/S/C (Maio/Moore) to reconsider previous action.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates

7. M/S/C (Wengraf/Capitelli) to adopt the first reading of Ordinance No. 7,167–N.S. amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions) with the following amendments:

Add paragraph D. to section 23E.28.145 to read: “This section shall apply only to allow parking reductions for changes of use in spaces of 2500 square feet or less, that were in existence as of January 1, 2011.

Change the “Visual and Aural Arts Production” use to “Media Production” throughout the Ordinance.

Amend section 23E.84.030 to reduce the threshold for a Zoning Certificate from 10,000 square feet to 5,000 square feet in the MU-R for Media Production uses.

Second reading scheduled for March 29, 2011.

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


Action Calendar – Old Business

13. The PEOPLE'S (Preventing Early Obituaries by Proposing Logical Economic Solutions) Budget Alternative (continued from March 8, 2011) (PDF)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation: Adopt the following recommendations responding to the proposed state budget cuts.

Suggested Alternatives:

1.   Cuts to the California Department of Corrections and Rehabilitation:
a. Cut $2 billion from the prison budget. The California State Senate had previously voted to cut $900 million;
b. Early release of elderly inmates and inmates incarcerated due to possession of marijuana. Since marijuana is an infraction, it is reasonable to release anyone currently incarcerated from marijuana possession and are non-violent.
c. Eliminate marijuana use as a condition to release for probation or parole.

2.   Reform state long-term care to decrease institutionalization in nursing facilities.

3.   Reduce the contracting out of consulting and engineering contracts which could easily save $500 million.

4.   Reduce cuts to Medi-Cal
a. Modify the state’s existing Medicaid Home and Community-Based Services waiver so more people can avoid expensive and unnecessary institutional placement.
b. Draw down new federal Medicaid funds for some AB 3632 mental health services for special education students.

5.   Reduce cuts to CalWORKs

6.   Reduce cuts to University of California and California State University Systems:
a. In light of tuition hikes, for both the UC and CSU systems, reduce the proposed cuts.

7.   Cuts to Developmental Services:
a. Implement the closure plan for Lanterman Development Center, and develop a plan for closing two other Developmental Centers, resulting in lower cost for higher quality services.
b. Consolidate state licensing/quality assurance functions for the developmental disabilities system in DDS, saving revenue.

8.   Cuts to In-Home Support Services:
a. Eliminate the IHSS consumer fingerprinting and timesheet requirements, estimated by the Department of Social Services to require spending $41 million dollars over several years to photograph and fingerprint IHSS consumers.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 3 speakers.  M/S/C (Bates/Wengraf) to go on record asking the legislature to give the people an opportunity to vote on extending their taxes, and to refer the balance of the issue to the agenda committee for consideration.
Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: None.  Abstain: Anderson, Worthington.


Information Reports

14. Alameda County-wide Mortgage Credit Certificate Program Application (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

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


Adjournment

Adjourned at 9:36 p.m. in memory of Charlie Betcher and Joanne Kowalski


Communications

Item 12: West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements
1.    Patrick Sheahan

South and West Berkeley Branch Libraries
2.    Carole Kennerly (Referred to City Manager by Councilmembers Anderson and Worthington.)

Computational Research and Theory Facility Project
3.    Lauren Martinez, on behalf of the U.S. Department of Energy, Berkeley Site Office

Downtown Berkeley Street and Open Space Plan
4.    John Caner, on behalf of the Downtown Berkeley Association

Acheson Commons
5.    Dustin Smith, on behalf of Equity Residential

Noise Pollution
6.    Randy Fish
7.    Susan Cayanne

Black History Programs at the Berkeley Senior Centers
8.    Shirley Jackson

Clean Air Act
9.    Ashley Lautzenhiser

Certified Massage Therapists in Salons
10. Christina Jurrissen

Safety on Telegraph Avenue
11. Allen Carrico (Referred to City Manager by Councilmember Worthington.)

Secondhand Smoke
12. Carol Denney

Unsolicited Mailings
13. Christopher Hundt

Residential Permit Process
14. Dmitri Belser (Referred to City Manager by Councilmembers Moore and Worthington.)


Supplemental Communications and Reports 1

Item 12: West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements
15. Alan Tobey
16. Dennis Cohen, Denny Abrams and Darrell de Tienne
17. Toni Mester
18. Stuart Flashman
19. Ted Edlin, on behalf of the Council of Neighborhood Associations (CNA)
20. Patrick Sheahan (2)Supplemental Communications and Reports 2

Item 11: ZAB Appeal: 35 Rock Lane
21. S. Robert Diener

Item 12: West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements
22. Nicole Cabalette
23. Aimee Wells

Vassar Avenue Parking Concerns
24. Alden Bryant