Regular Meeting eAgenda
May 3, 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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

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REVISED AGENDA
 
(ADDED CONTINUED ITEMS FROM APRIL 26, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, May 3, 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.

A.  Amendment: FY 2011 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,168–N.S. 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).
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

B.  West Berkeley Project: Amendments to Zoning Definitions (PDF) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,169–N.S. amending BMC Chapter 23F.04, Definitions.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

C.  Zoning Ordinance Amendment to Allow Development Flexibility for Existing Public Libraries (PDF) 
From: Planning Commission
Recommendation: Adopt second 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.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

D.  Tenant Screening Fees Ordinance, Adding BMC Chapter 13.78 (PDF) 
From: Councilmember Arreguin
Recommendation: Adopt second 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.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 
From: City Manager
Recommendation: Adopt a Resolution extending the moratorium on charging for parking at meters on Adeline Street between Woolsey Street and Alcatraz Avenue.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Accepting the attached report on fees collected under the City’s requirements that large scale office, retail, industrial, and/or other commercial projects offset their impacts on affordable housing and childcare (hereafter “affordable housing and affordable childcare mitigation programs”);
2.   Making findings required by California Government Code Section 660001(d) with regard to unexpended portions of the affordable housing and affordable child care mitigation fees;
3.   Finding that large office, retail, industrial and/or commercial projects continue to create new demand for affordable housing and child care that developers should be required to offset or mitigate; and
4.   Directing staff to conduct studies to update the fees and other relevant aspects of the Resolutions that imposed these requirements in 1993.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
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 - $1,350,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6893C with Nexus IS for an extended telephone equipment warranty, increasing the amount by $60,000, for a total contract amount not to exceed $410,000 for the term January 1, 2006 through June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167B with SunGard Public Sector (formerly SunGard HTE) for maintenance and support of the City's FUND$ system, increasing the amount by $140,000 for a total contract amount not to exceed $805,000 for the term July 1, 1989 through June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: Board of Library Trustees
Recommendation: Appoint Jim Novosel and Julie Holcomb to the Board of Library Trustees (“BOLT”) for a term of four years beginning May 14, 2011.
Financial Implications: None
Contact: Donna Corbeil, Library Services, 981-6195
 
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the re-appointment of Kim Nemirow to the Mental Health Commission, as a representative of the General Public Interest Category, for a second three year term beginning May 6, 2011 and ending May 5, 2014.
Financial Implications: None
Contact: Beth Meyerson, Health Services, 981-5100
 
Council Consent Items
 
From: Councilmember Moore
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to Biotech Partners with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Moore and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Arreguin, Worthington and Anderson
Recommendation: Adopt a Resolution supporting Senate Bill 184, which amends state law to clarify that a legislative body of any city or county can adopt ordinances to establish inclusionary housing requirements as a condition of development.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Bill (SB) 337, authored by Senator Christine Kehoe, which would prohibit landlords from abridging tenant free speech rights to post noncommercial signs, posters, etc. within any portion of a tenant’s dwelling unit.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Worthington
Recommendation: Approve the Black Elected Officials of the East Bay as the fiscal agent for the funds granted to the Maudelle Shirek 100th Birthday Celebration pursuant to Resolution No. 65,225–N.S.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to Reach Fellowship International with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
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 – Appeals
 
Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.
 
Attachment 2
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) approving Use Permit Modification No. 09-70000017 to modify Administrative Use Permit No. 98-20000229, allowing the replacement of three existing antennas and one additional equipment cabinet.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Communications
1.     Yong Q. Liu
2.     William F. Hammett

 
Action Calendar – Public Hearing
 
**Will commence no earlier than 8:00 P.M.**
 
At its meeting of March 8, 2011, City Council established a 6 month trial period for scheduling Public Hearings no earlier than 8:00 p.m.
 
Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.
 
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 on the reestablishment of the North Shattuck Business Improvement District (NSBID or "the District") and if no majority protest exists after tabulation of assessment ballots adopt a Resolution reestablishing the NSBID for the ten-year period 2011-2021 and levying assessments on property within the District for fiscal year 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
Continued Business

E.  Allocation of Funds for Community Agencies for FY 2012 and Submission of the Program Year 2011 Annual Action Plan (continued from April 26, 2011) (PDF)
From: City Manager
Recommendation: Continue a Public Hearing from April 26, 2011, 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

F.  Audit: City Fuel Operations Need Improvement (continued from April 26, 2011) (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

Information Reports
 
From: City Manager
Contact: Christine Daniel, City Manager's Office, 981-7000

 
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 April 21, 2011.
 
Deanna Despain, CMC, City Clerk

 
Communications
 
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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
 
Safety at Berkeley High
1.    Trudy Washburn, on behalf of Berkeley Safe Neighborhoods Committee
2.    Diana Rossi
 
Berkeley Medical Cannabis Commission Appointees
3.    Charles Pappas
 
Oak Ridge Road / Tunnel Road Intersection
4.    Bill Falik
5.    Rachel Resnikoff
 
Bay Area Community Land Trust
6.    Shelley McHugh