Regular Meeting Annotated Agenda
April 26, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 26, 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: 7:03 p.m.  All present.

Ceremonial Matters: 

  1. Cesar Chavez Essay Writing Contest Winners.
  2. May 1 as Holocaust Remembrance Day In Berkeley.
  3. Tuesday, April 26th as Joe Goode Day.

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 11 speakers.

Consent Calendar

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

Recess Items

1. Recess Item: Shelter Plus Care Contract with the County of Alameda (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $234,416, to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2011 through February 29, 2012.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,229–N.S.
 
2. Recess Item: Shelter Plus Care Program Renewal Grants (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to receive funds and execute any agreements and amendments resulting from the U.S. Department of Housing and Urban Development renewal of the following four Shelter Plus Care grants:

1. $1,952,112 for tenant-based rental assistance for the period May 24, 2011 through May 23, 2012;

2. $126,624 for sponsor-based rental assistance for the Supportive Housing Network for the period of May 28, 2011 through May 27, 2012, with Resources for Community Development as the project sponsor;

3. $123,192 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2011 through May 31, 2012, with Bonita House, Inc. as the project sponsor; and

4. $455,196 in tenant-based rental assistance for the COACH Project grant for the period of December 14, 2011 through December 13, 2012.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,230–N.S.


Consent Calendar

3. Amendment: FY 2011 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2011 Annual Appropriations Ordinance No. 7,162-N.S. for fiscal year 2011 based upon other adjustments in the amount of $4,485,089 (gross) and $5,289,584 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action:  Adopted first reading of Ordinance No. 7,168–N.S.  Second reading scheduled for May 3, 2011.
 
4. Settlement: Bermudez v. City of Berkeley, et al. (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the United States District Court, Northern District of California Action No. C 10-02893 CW (ADR) entitled Bermudez v. City of Berkeley, et al. in the amount of $17,500.
Financial Implications: Public Liability Fund - $17,500
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Adopted Resolution No. 65,231–N.S.

5. Settlement: Feldman v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 10 494384 entitled Feldman v. City of Berkeley, in the amount of $60,000.
Financial Implications: Public Liability Fund - $60,000
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Adopted Resolution No. 65,232–N.S.

6. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 22, 2011 (special and regular) and March 29, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes with a revision to Item #6 in the minutes of March 22, 2011 to list Councilmember Maio’s contribution of $500 to the Berkeley Earth Day Festival.

7. City Council Rules of Procedure and Order (PDF)
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order and rescinding Resolution 64,235-N.S.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 65,233–N.S.

8. Formation of the Downtown Berkeley Property and Business Improvement District (DPBID) (PDF)
From: City Manager
Recommendation: 

1. Adopt a Resolution declaring intent to establish the DPBID for the five-year period beginning July 1, 2011 and ending June 30, 2016, with operations to occur over the five year period beginning January 1, 2012 and ending December 31, 2016.  Set a public hearing for June 28, 2011 on establishment of the District, and direct the City Clerk to conduct all necessary proceedings for establishment of the DPBID.

2. Adopt a revised Resolution enumerating the procedures for establishing and increasing benefit assessments on real property under Proposition 218.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,234–N.S. and Resolution No. 65,235–N.S.

9. 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 - $2,236,957
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

10. Transfer of Funds in the Community Facilities District No. 1 (CFD1) (Disaster Fire Protection) from Costs for Issuance Account to the Project Account (PDF)
From: City Manager
Recommendation: Adopt a Resolution directing the Trustee of the Community Facilities District No. 1 (CFD1) (Disaster Fire Protection) Project Fund (the "Project Fund") to transfer excess funds from the Costs for Issuance Account to the Project Account.
Financial Implications: $3,031,475 transfer to Project Account
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 65,236–N.S.

11. Contract: Center for Independent Living for Mental Health Services Act Prevention and Early Intervention Community Education and Supports Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Center for Independent Living to provide mental health services and supports to senior citizens for the period February 1, 2011, through June 30, 2011 in an amount not to exceed $26,520.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,237–N.S.

12. Classification and Salary: Information Systems Manager (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,211-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Information Systems Manager and reduce the monthly salary to $9,250 - $11,182, effective May 1, 2011.
Financial Implications: Funds budgeted in General Fund
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,238–N.S.

13. Supplemental Military Leave Compensation Policy (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2012 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.
Financial Implications: General Fund - $20,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,239–N.S.

14. Contract: BHM Construction for Renovation and Construction of the North Branch Library (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving plans and specifications for the Berkeley Public Library North Branch Improvement Project;

2.   Accepting the bid of BHM Construction;

3.   Approving donation to the City of Berkeley in the sum of $200,000 from the Berkeley Public Library Foundation to fund furnishings, equipment and fixtures at the North Branch Library; and

4.   Authorizing the City Manager to execute a contract, amendments, and any extensions or change orders until completion of the project in an amount not to exceed $4,760,000 which includes a contingency of approximately 9%.
Financial Implications: See report
Contact: Donna Corbeil, Library Services, 981-6100
Action:  Adopted Resolution No. 65,240–N.S.

15. Contract No. 7651 Amendment: BUSD Bus Transportation for Berkeley Day Camp (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Berkeley Unified School District for bus transportation for Berkeley Day Camp programs by extending the contract for one year through June 30, 2012 and adding $85,000 to the current contract for a total not-to-exceed amount of $335,000.
Financial Implications: Various Funds - $335,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,241–N.S.

16. Contract No. 7649 Amendment: Sysco Food Service for Tuolumne and Echo Camps (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Sysco Food Services of Modesto to extend the contract for food services at Tuolumne and Echo Lake Family Camps for one year through June 30, 2012 and adding $600,000 to the contract.
Financial Implications: Playground Camp - $600,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,242–N.S.

17. California Environmental Protection Agency Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing staff to submit a grant application for and accept California Environmental Protection Agency (CalEPA) funds to implement the California Environmental Reporting System (CERS).
Financial Implications: Unified Program Fund - $46,524 (grant)
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,243–N.S.

18. West Berkeley Project: Amendments to Zoning Definitions (PDF)
From: City Manager
Recommendation: 

1. Adopt a Resolution accepting Environmental Impact Report (EIR) certification; and

2. Adopt first reading of an Ordinance amending BMC Chapter 23F.04, Definitions.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:
1.   Adopted Resolution No. 65,244–N.S.

2.   Amended ordinance to remove modified definition of Material Recovery Enterprise.  Adopted first reading of Ordinance No. 7,169–N.S.  Second reading scheduled for May 3, 2011.

19. Safe Routes to Transit Initial Project Report for City of Berkeley AC Transit Pedestrian and Bicycle Access Improvements (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an Initial Project Report (IPR) to the Metropolitan Transportation Commission (MTC) regarding the Safe Routes to Transit grant awarded in 2009 to the "City of Berkeley AC Transit Pedestrian & Bicycle Access Improvements" project, and execute the resulting grant agreement and any amendments.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,245–N.S.

20. Clarification of Requirements for Demolitions Containing Asbestos (PDF)
From: Community Environmental Advisory Commission
Recommendation: Direct the City Manager to write a letter, requesting clarification of asbestos permit requirements for demolitions from the appropriate air regulation agencies.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
Action:  Approved recommendation.


Council Consent Items

21. Restrict Location of Drug Stores (PDF)
From: Mayor Bates and Councilmembers Capitelli and Wengraf
Recommendation: Request the Planning Commission draft a Zoning Ordinance amendment that limits the location of new or expanded drugstores to a minimum of 1000 feet of an existing drugstore, and return to Council with proposed language as soon as possible.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wengraf, Bates; Noes – Wozniak.
 
22. Proclamation Honoring Senator Loni Hancock (PDF)
From: Councilmember Maio
Recommendation: Issue a proclamation in honor of Senator Loni Hancock who is being celebrated on May 1, 2011.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved proclamation.

23. City of Berkeley's Co-Sponsorship for the 13th Annual "Run for Peace" (PDF)
Revised Agenda Material (PDF)
From: Councilmembers Maio and Capitelli
Recommendation:
Adopt a Resolution:
1.   Co-Sponsoring the 13th Annual "Run for Peace" organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Saturday, September 24, 2011,
2.   Facilitating community participation and support for the 13th Annual "Run for Peace" event; and
3.   Declaring that each year the week that includes September 21, the United Nations International Day of Peace, will be designated an annual Week of Peace.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  M/S/C (Maio/Worthington) to consider the revisions regarding flying of flags on city street/light poles submitted by Councilmember Maio. 
Vote: All Ayes
Action: Amended revised item to change recommendation 4) to a referral to the City Manager.  Councilmember Anderson added as a co-sponsor.  Adopted Resolution No. 65,246–N.S.

24. 13th Annual Run for Peace: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the 13th Annual Run for Peace 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: Councilmember’s Discretionary Fund - $250
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,247–N.S. revised to include the following relinquishments: Councilmember Anderson - $150.

25. North Shattuck Association Chocolate and Chalk Art Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Arreguin and Capitelli
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the North Shattuck Association with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Arreguín and Capitelli, and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $250
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,248–N.S.

26. City Sponsorship of the North Shattuck Avenue Chocolate & Chalk Art Festival (PDF)
From: Councilmembers Capitelli and Arreguin
Recommendation: That the City of Berkeley, in collaboration with the North Shattuck Association, cosponsor the Chocolate and Chalk Art Festival to be held on North Shattuck Avenue on Saturday, June 4, 2011, from 10:00 a.m. to 5:00 p.m.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Adopted Resolution No. 65,249–N.S.

27. Berkeley Public Education Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds (PDF)
From: Councilmembers Wengraf
Recommendation: Adopt a Resolution authorizing the transfer of funds of an amount not to exceed $150 per Councilmember to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon 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 - $150
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,250–N.S. revised to include the following relinquishments: Mayor Bates - $150, Councilmember Maio - $150. Councilmember Anderson added as a co-sponsor.

28. Solidarity Resolution for Wisconsin Workers (PDF)
From: Councilmembers Worthington
Recommendation: Adopt a Resolution showing solidarity with Wisconsin Workers.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,251–N.S.  Councilmember Anderson added as a co-sponsor.

29. Proclamation in Honor of Victor Pineda (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation honoring Victor Pineda.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.

30. Proclamation in Honor of Adam David Miller (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation honoring Adam David Miller to be presented at the 9th Annual Berkeley Poetry Festival on May 21, 2011.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

Action Calendar – Public Hearing

31. Allocation of Funds for Community Agencies for FY 2012 and Submission of the Program Year 2011 Annual Action Plan (PDF)
Supplemental Agenda Material - Presentation (PDF)
From: City Manager
Recommendation: 
Conduct a Public Hearing on the allocation of funds for community agencies for FY 2012, including the submission of the Program Year 2011 Annual Action Plan, and upon conclusion:
1. Adopt a Resolution:
a)   Approving the City Manager’s proposals for funding as set forth in Exhibit A under the FY 2012/FY 2013 Community Development Block Grant, and Emergency Solutions Grant; and
b)   Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and
c)   Allocating 90% of the FY 2012 Home Investment Partnership funds to the Housing Trust Fund, and 10% for program delivery costs; and
d)   Authorizing the City Manager to submit the Program Year 2011 (FY 2012) Annual Action Plan to the U.S. Department of Housing and Urban Development.
2. Adopt a Resolution approving the City Manager’s proposed FY 2012/FY 2013 CDBG funding for Biotech Partners, Inc. and authorizing the execution of resultant agreements and amendments with Biotech Partners, Inc.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Public Testimony: The Mayor opened the public hearing. 70 speakers. 

Action: Item continued to May 3, 2011 Council Meeting

Councilmember Anderson recused from proceedings 8:58 p.m. – 9:05 p.m.

Recess: 9:29 p.m. – 9:42 p.m.

Councilmember Arreguin noted absent 10:40 p.m. – 11:12 p.m.

Action: M/S/C (Bates/Moore) to suspend the Council Rules of Procedure and extend the meeting to 12:00 a.m.

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

Action Calendar – Old Business

32.   Caldecott 4th Bore Settlement Project Recommendations (continued from March 29, 2011)

a. From: Transportation Commission (PDF)
Recommendation:
Adopt a Resolution:
1.   Approving the July 8, 2010 list of priority projects, as approved by vote of the Transportation Commission on July 15, 2010, as the City's preferred mitigations to environmental impacts from the construction of the 4th Bore of the Caldecott Tunnel;  and 
2.   Authorizing the City Manager to accept $2 million from Caltrans as reimbursements for Ashby corridor mitigation projects according to the terms outlined in the January 2009 settlement agreement with the 4th Bore Coalition; and
3.  Authorizing the advance of General Funds to cover costs until reimbursement from Caltrans; and
4.   Directing staff to implement as many of these projects as feasible in priority order for an amount not to exceed the $2 million of committed settlement funds, with the objective of completing project delivery in approximately 2 years so mitigations can be in place prior to the opening of Caldecott 4th Bore to traffic.
Financial Implications: See report
Contact: Farid Javandel, Public Works, Transportation Division, 981-7010

b. From: City Manager (PDF)
Recommendation:
Adopt a Resolution:
1.   Approving the April 5, 2011 list of priority projects, which modifies the Transportation Commission’s recommendation by moving specific projects in Council Districts 3 and 7 to Year 1 priority, in order to provide a more balanced geographical distribution of improvements to mitigate environmental impacts from the construction of the Caldecott Tunnel 4th Bore; and
2.   Authorizing the City Manager to accept $2 million from Caltrans as reimbursements for Ashby corridor mitigation projects according to the terms outlined in the January 2009 settlement agreement with the 4th Bore Coalition; and
3.   Directing the City Manager to allocate staff resources to be funded through the settlement, to coordinate Caltrans approval and funding for these projects; and
4.   Directing staff to implement as many of these projects as feasible in priority order for an amount not to exceed the $2 million of committed settlement funds, with the objective of completing project delivery in approximately 2 years so mitigations can be in place prior to the opening of Caldecott 4th Bore to traffic.
Financial Implications:
Contact: Andrew Clough, Public Works, 981-6300

 Action: Moved City Manager’s recommendation to consent Calendar.  Adopted Resolution No. 65,252–N.S.
1.   Approving the April 5, 2011 list of priority projects, which modifies the Transportation Commission’s recommendation by moving specific projects in Council Districts 3 and 7 to Year 1 priority, in order to provide a more balanced geographical distribution of improvements to mitigate environmental impacts from the construction of the Caldecott Tunnel 4th Bore; and
2.   Authorizing the City Manager to accept $2 million from Caltrans as reimbursements for Ashby corridor mitigation projects according to the terms outlined in the January 2009 settlement agreement with the 4th Bore Coalition; and
3.   Directing the City Manager to allocate staff resources to be funded through the settlement, to coordinate Caltrans approval and funding for these projects; and
4.   Directing staff to implement as many of these projects as feasible in priority order for an amount not to exceed the $2 million of committed settlement funds, with the objective of completing project delivery in approximately 2 years so mitigations can be in place prior to the opening of Caldecott 4th Bore to traffic.


Action Calendar – New Business

33.   Sweatshop Free Procurement Ordinance- Lowering the Purchasing Threshold

a. From: Commission on Labor (PDF)
Recommendation:
Recommend that the City of Berkeley Sweatshop Free Procurement Ordinance be amended to lower the purchasing threshold from $25,000 to $10,000 and eventually $5,000.
Financial Implications: See report
Contact: Delfina Geiken, Commission Secretary, 981-5400
 
b. From: City Manager (PDF)
Recommendation:
The City Manager recommends that Council await action on amending the ordinance (BMC Chapter 13.97) since a report will be prepared after the completion of the first full fiscal year of implementation of the ordinance, which is June 30, 2011.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400

Action: 2 speakers.  M/S/C (Wozniak/Maio) to approve the City Manager’s recommendation that Council await action on amending the ordinance (BMC Chapter 13.97) since a report will be prepared after the completion of the first full fiscal year of implementation of the ordinance, which is June 30, 2011.  Report due no later than October 1, 2011.

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

Action: M/S/C (Bates/Maio) to suspend the Council Rules of Procedure and extend the meeting to 12:30 a.m.

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – Wengraf.

34. South Branch Library (1901 Russell Street) - Certify ZAB Action for Review and Set Public Hearing for May 17, 2011 (PDF)
From: City Manager
Recommendation: Request that the City Council:
1.   Certify the Zoning Adjustments Board's (ZAB's) action regarding the South Branch Library for review by the Council, and
2.   Put this item on the Council's agenda for May 17, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: 6 speakers. M/S/C (Maio/Worthington) to adopt Resolution No. 65,311-N.S.:
1.   Certifying the Zoning Adjustments Board's (ZAB's) action regarding the South Branch Library for review by the Council, and
2.   Putting this item on the Council's agenda for May 17, 2011.

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

35. West Branch Library (1125 University Avenue) - Certify ZAB and LPC Actions for Review and Set Public Hearing for May 17, 2011 (PDF)
From: City Manager
Recommendation: Request that the City Council:
1.   Certify the actions of the Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission (LPC) regarding the West Branch Library for review by the Council, and
2.   Put this item on the Council's agenda for May 17, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: 6 speakers. M/S/C (Maio/Anderson) to adopt Resolution No. 65,312-N.S.: 
1.   Certifying the actions of the Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission (LPC) regarding the West Branch Library for review by the Council, and
2.   Putting this item on the Council's agenda for May 17, 2011.

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

36. Zoning Ordinance Amendment to Allow Development Flexibility for Existing Public Libraries (PDF)
Attachment 5 - EIR part 1 (PDF)
Attachment 5 - EIR part 2 (PDF)
From: Planning Commission
Recommendation:
 
1.   Adopt Resolution certifying Final EIR for the proposed Amendment;
2.   Adopt first reading of an Ordinance to add BMC Section 23C.04.076 to allow (a) existing public libraries to be changed, expanded, or replaced by a new public library on the same site following demolition, and (b) modification of any Zoning Ordinance requirement applicable to such projects with a Use Permit, rather than a Variance.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

Action: 6 speakers. M/S/C (Worthington/Wengraf) to adopt the following:
1.   Resolution No. 65,253–N.S. certifying Final EIR for the proposed Amendment;
2.   First reading of Ordinance No. 7,170-N.S. to add BMC Section 23C.04.076 to allow (a) existing public libraries to be changed, expanded, or replaced by a new public library on the same site following demolition, and (b) modification of any Zoning Ordinance requirement applicable to such projects with a Use Permit, rather than a Variance for library projects funded by Measure FF only.  Second reading scheduled for May 3, 2011.

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

Action Calendar – Old Business

37. Audit: City Fuel Operations Need Improvement (PDF)
From: Auditor
Recommendation: Request the City Manager report back by October 25, 2011 (and every six months thereafter) regarding the implementation status of each recommendation in the attached audit report until all recommendations have been reported implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Item continued to May 3, 2011 City Council meeting.

Action Calendar – Council Items

38. Tenant Screening Fees Ordinance, Adding BMC Chapter 13.78 (PDF)
Revised Agenda Material (PDF)
From: Councilmember Arreguin
Recommendation: Adopt the first reading of an Ordinance adding Berkeley Municipal Code Section 13.78, requiring property owners to disclose to applicants for rental housing, information regarding California state law requirements on the collection of apartment screening fees.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: M/S/C (Wengraf/Arreguin) to consider the revisions to Item 38 submitted by Councilmember Arreguin regarding disclosures, penalties, and effective date.

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

Action: Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,171–N.S. adding Berkeley Municipal Code Section 13.78, requiring property owners to disclose to applicants for rental housing, information regarding California state law requirements on the collection of apartment screening fees as amended. Second reading scheduled for May 3, 2011.


Information Reports (PDF)

39. Disclosure of Cell Phone Radiation Output (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Referred to the City Manager by Councilmember Anderson.
 
40. Investment Report: Quarter Ended December 31, 2010 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

41. Receipt of Mobile Air Supply System (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Received and filed.

42. Improved Coordination of Environmental Issues in West Berkeley (PDF)
From: Community Environmental Advisory Commission
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
Action:  Moved to Consent Calendar by Councilmember Maio; added request for response from City Manager.

43. Amendment to Fiscal Year 2011 Audit Plan (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 5 speakers.

Adjournment

Adjourned at 12:14 a.m. in memory or Howard King.


Communications

Leonard Peltier
1.    John Trimbach

Violence at Pacific Steel Casting Strike
2.    Nicolie Bolster-Ott

Blue Recycle Bins
3.    Deborah Kropp

Ecology Center
4.    Mateo Nube, on behalf of Movement Generation: Justice & Ecology Project

Off-Street Parking Issue
5.    Joan Torykian

Solar Powered Parking Meters
6.    Harvey Sherback – referred to the City Manager by Councilmember Worthington.

Federal Role in Supporting Urban Manufacturing
7.    Zelda Bronstein

Pre-Development Loan
8.    Robert Barrer – referred to the City Manager by Councilmember Worthington.

Supplemental Communications and Reports 1

Item 21: Restrict Location of Drug Stores
9.    Donovan Pepper, on behalf of Walgreen Co.
10. Gordon Wozniak, District 8

Item 31: Allocation of Funds for Community Agencies for FY 2012 and Submission of the Program Year 2011 Annual Action Plan
11. Jean Jay
12. Rigoberto Calocarivas, on behalf of Multicultural Institute, Inc.
13. Randi Thomson-Story
14. Gordon Wozniak, District 8

Item 33: Sweatshop Free Procurement Ordinance- Lowering the Purchasing Threshold
15. Diana Bohn
16. Lauren Van Ham

Item 34 & 35: South Branch Library (1901 Russell Street) and West Branch Library (1125 University Avenue) - Certify ZAB and LPC Actions for Review and Set Public Hearing for May 17, 2011
17. Jenny Wenk
18. 47 ‘In Support of’ Form Letters (Available for viewing in the City Clerk’s Office)
19. Gene Bernardi
20. Carol Denney
21. Peter Warfield, on behalf of the Library Users Association

Item 36: Zoning Ordinance Amendments to Allow Development Flexibility for Existing Public Libraries
22. Gordon Wozniak, District 8


Supplemental Communications and Reports 2

Item 23: City of Berkeley's Co-Sponsorship for the 13th Annual "Run for Peace"

  • Revised materials, submitted by Councilmember Maio (see agenda item)

23. Unknown

Item 31: Allocation of Funds for Community Agencies for FY 2012 and Submission of the Program Year 2011 Annual Action Plan

  • Presentation, submitted by Housing & Community Services (see agenda item)

24. Homeless Commission
25. R.I.S.E
26. Inter-City Services, Inc.
27. Pacific Center
28. J-Sei

Item 33: Item 34 & 35: South Branch Library (1901 Russell Street) and West Branch Library (1125 University Avenue) - Certify ZAB and LPC Actions for Review and Set Public Hearing for May 17, 2011
29. Judith Epstein (2)
30. Chimey Lee

Item 36: Zoning Ordinance Amendment to Allow Development Flexibility for Existing Public Libraries
31. Judith Epstein
32. Zach Cowan, City Attorney

Item 38: Tenant Screening Fees Ordinance, Adding BMC Chapter 13.78

  • Revised and supplemental materials, submitted by Councilmember Arreguin (see agenda item)

33. Eric Panzer