Regular Meeting Annotated Agenda
May 03, 2011

Printer-friendly PDF* annotated 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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, May 03, 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: 7:09 p.m.  Absent: Councilmember Wengraf.  Councilmember Wengraf present at 7:10 p.m.

Ceremonial Matters: 

  1. Affordable Housing Week
  2. Older Americans Month
  3. Carolyn Henry Golphin

City Manager Comments: 

  1. Black Infant Health Open House – May 13, 2011 at 1645 Oregon Street.

Public Comment on Non-Agenda Matters: 4 speakers


Public Comment on Consent Calendar and Information Items Only: 4 speakers

Consent Calendar

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

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
Action: Adopted second reading of Ordinance No. 7,168–N.S.

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
Action: Adopted second reading of Ordinance No. 7,169–N.S.

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
Action: Adopted second reading of Ordinance No. 7,170–N.S.

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
Action: Adopted second reading of Ordinance No. 7,171–N.S.

1. Extension of Moratorium on Charging for Parking at Meters on Adeline Street between Woolsey Street and Alcatraz Avenue (PDF)
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
Action:  Adopted Resolution No. 65,254–N.S.

2. Status of Housing and Child Care Mitigation Fees (PDF)
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
Action:  Moved to Action Calendar.  1 speaker.  M/S/C (Arreguin/Moore) to adopt Resolution No. 65,255–N.S.
Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Noes: None.  Abstain: Anderson.

3. 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: Sanitary Sewer Fund - $250,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

4. Contract No. 6893C Amendment: Nexus IS for Telephone Maintenance and Equipment Replacement (PDF)
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
Action:  Adopted Resolution No. 65,256–N.S.

5. Contract No. 7167B Amendment: FUND$ Software Maintenance (PDF)
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
Action:  Adopted Resolution No. 65,257–N.S.

6. Board of Library Trustees Appointment: Jim Novosel and Julie Holcomb (PDF)
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
Action:  Adopted Resolution No. 65,258–N.S.

7. Re-appointment of Kim Nemirow to the Mental Health Commission (PDF)
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
Action:  Adopted Resolution No. 65,259 –N.S.

Council Consent Items

8. Biotech Partners: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
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
Action:  Adopted Resolution No. 65,260–N.S.
Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Recused: Anderson.
 
 9. Supporting Senate Bill 184, Amending State Law to Allow Local Governments to Create Inclusionary Housing Requirements (PDF)
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
Action:  Adopted Resolution No. 65,261–N.S.

10. Supporting Senate Bill 337, Prohibiting Landlords from Abridging Tenant Free Speech Rights (PDF)
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
Action:  Moved to Action Calendar.  M/S/C (Arreguin/Anderson) to adopt Resolution No. 65,262–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington, Bates.  Noes: Capitelli, Wengraf, Wozniak.

11. Fiscal Agent for Funds Granted to the Maudelle Shirek 100th Birthday Celebration (PDF)
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
Action:  Approved recommendation.

12. Reach Fellowship International: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
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:  Adopted Resolution No. 65,263–N.S.


Action Calendar – Appeals

13. ZAB Appeal: 1760 Solano Avenue (PDF)
Administrative Record Part 1 (PDF)
Administrative Record Part 2 (PDF)
Administrative Record Part 3 (PDF) 
Administrative Record Part 4 (PDF)  
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: M/S/C (Wozniak/Maio) to adopt Resolution No. 65,264–N.S. 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.
Vote: Ayes: Maio, More, Capitelli, Wengraf, Wozniak, Mayor Bates.  Noes: Anderson.  Abstain: Arreguin.  Absent: Worthington.

Absent: Councilmember Worthington: 8:15 p.m. - 8:46 p.m.


Action Calendar – Public Hearings

14. Renewal of the North Shattuck Business Improvement District (PDF)
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
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Capitelli) to close the public hearing.
Action: M/S/C (Moore/Worthington) to adopt Resolution No. 65,265–N.S. reestablishing the NSBID for the ten-year period 2011-2021 and levying assessments on property within the District for fiscal year 2011.
Vote: Ayes: Maio, More, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates;  Noes: None. 

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

Public Testimony:  Public hearing continued from the April 26, 2011 regular council meeting. 5 speakers. 

Action: 

1.   M/S/C (Worthington/Bates) to accept supplemental material.

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

Absent: Councilmember Wengraf 8:48 p.m. – 8:50 p.m.

2.  M/S/C (Maio/Anderson) to remove $35,604 from the Housing Trust Fund and reallocate to Inter-City Services in the FY2012 CDBG and ESG recommendation.

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

3.   M/S/C (Maio/Anderson) to close the public hearing and adopt Resolution No. 65,266–N.S.
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.

Vote: Ayes: Maio, More, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates;  Noes: None.

4.   M/S/C (Maio/Moore) to adopt Resolution No. 65,267–N.S. 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.

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

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
Action: 0 Speakers.  M/S/C (Moore/Wozniak) to approve the City Auditor’s recommendation to 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.

Vote: Ayes: Maio, More, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates;  Noes: None.


Information Reports

15. Berkeley Taxi Cab Association (PDF)
From: City Manager
Contact: Christine Daniel, City Manager's Office, 981-7000
Action:  Moved to Consent Calendar and continued to May 31, 2011 Action Calendar. 

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


Adjournment in honor of Ethel Leonares.

Adjourned at 9:43 p.m.


Communications (PDF)

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

Supplemental Communications and Reports 1 (PDF)

Item 1: Extension of Moratorium on Charging for Parking at Meters on Adeline Street between Woolsey Street and Alcatraz Avenue
7.    Gordon Wozniak, District 8

Item 2: Status of Housing and Child Care Mitigation Fees
8.    Gordon Wozniak, District 8

Item 13: ZAB Appeal: 1760 Solano Avenue
9.    Yong Q. Siu
10. Gordon Wozniak, District 8

Item E: Allocation of Funds for Community Agencies for FY 2012 and Submission of the Program Year 2011 Annual Action Plan
11. Ann-Marie Hogan, Auditor
12. H. Demetrius Johnson, on behalf of the Center for Independent Living
13. Bryan Bashin
14. Gordon Wozniak, District 8

Item F: Audit: City Fuel Operations Need Improvement
15. Gordon Wozniak, District 8

Supplemental Communications and Reports 2 (PDF)

Item 13: ZAB Appeal: 1760 Solano Avenue
16. Yong Q. Siu