Regular Meeting Annotated Agenda
May 31, 2011

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, May 31, 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: 7:17 p.m.  All present.

Ceremonial Matters:

  1. Berkeley World Music Festival
  2. Recognition of Local Merchants for Tobacco-Free Youth Efforts

City Manager Comments: None

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 (Maio/Moore) to adopt the Consent Calendar in one motion except as indicated:

1. Amendments to Abatement of Nuisances Ordinance, Chapter 1.24; Violations Declared Public Nuisance Ordinance, Chapter 1.26; Tobacco Retailers Ordinance, Chapter 9.80; Hazardous Materials and Wastes Management Ordinance, Chapter 15.12; and Alcohol Product Advertising Ordinance, Chapter 20.67 Relating to Attorneys’ Fees Awards (PDF)
From: City Manager
Recommendation: Adopt second reading of:
1.   Ordinance No. 7,172–N.S. amending Berkeley Municipal Code (BMC) Chapter 1.24 Abatement of Nuisances Ordinance;
2.   Ordinance No. 7,173–N.S. amending BMC Chapter 1.26 Violations Declared Public Nuisance Ordinance;
3.   Ordinance No. 7,174–N.S. amending BMC Chapter 9.80 Tobacco Retailers Ordinance;
4.   Ordinance No. 7,175–N.S. amending BMC Chapter 15.12 Hazardous Materials and Wastes Management Ordinance; and
5.   Ordinance No. 7,176–N.S. amending BMC Chapter 20.67 Alcohol Product Advertising Ordinance.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,172-N.S.; Ordinance No. 7,173-N.S.; Ordinance No. 7,174-N.S.; Ordinance No. 7,175-N.S. and Ordinance No. 7,176-N.S.
 
2. Amendments to the Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gathering or Other Similar Events Ordinance, Chapter 13.48 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,177–N.S. amending Berkeley Municipal Code Chapter 13.48 Loud or Unruly Parties, Gathering or Other Similar Events Ordinance.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,177-N.S.

3. Settlement: Ng v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 09 466362 entitled Ng v. City of Berkeley, in the amount of $85,000.
Financial Implications: Public Liability Fund - $85,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,290–N.S.

4. Settlement: Basti v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. BG 08 414877 entitled Basti v. City of Berkeley, in the amount of $23,000.
Financial Implications: Public Liability Fund - $23,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,291–N.S.

5. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 3, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

6. Assessment: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the Annual Report for the Telegraph Property and Business Improvement District for Fiscal Year 2011 and proposed budget for 2012;
2.   Declaring an intention to levy annual assessments in the District for Fiscal Year 2012; and 
3.   Setting a public hearing on the levy of assessments for July 12, 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,292–N.S.

7. Revised Berkeley Revolving Loan Fund Administrative Plan (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the revised Administrative Plan (Plan) for the Berkeley Revolving Loan Fund (RLF).
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,293–N.S.

8. 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 - $4,799,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

9. FY 2012 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2012 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,178-N.S. Second reading scheduled for June 14, 2011.

10. FY 2012 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2012 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0130%).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,179-N.S. Second reading scheduled for June 14, 2011.

11. FY 2012 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2012 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,180-N.S. Second reading scheduled for June 14, 2011.

12. FY 2012 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election (PDF)
From: City Manage
Recommendation: Adopt first reading of an Ordinance setting the FY 2012 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.012%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,181-N.S. Second reading scheduled for June 14, 2011.

13. Notice of Appropriations Limit for Fiscal Year 2012 (PDF)
From: City Manager
Recommendation: Adopt a Resolution providing notice that:
1.   Council will adopt an appropriations limit for Fiscal Year 2012 at its meeting of June 28, 2011; and
2.   The amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 13, 2011.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,294–N.S.

14. Temporary Appropriations FY 2012 (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2011, until the effective date of the FY 2012 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,295–N.S.

15. Agreement: Alameda County Emergency Medical Services for First Responder Advanced Life Support (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an Agreement and any amendments, and accept related funding from Alameda County (ALCO) Emergency Medical Services (EMS) for First Responder Advanced Life Support (FRALS) services in the amount of $384,252 for the period of February 1, 2010 through June 30, 2011.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 65,296–N.S.

16. Contract Amendment: Cigna Group Insurance for Third Party Administrative Services for the Supplementary Retirement and Income Plan I Disability Benefit (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cigna Group Insurance (Cigna) to provide third party administrative services for the Supplementary Retirement and Income Plan I (SRIP I) disability benefit, increasing the contract amount by an additional $134,000 for a total contract amount not to exceed $440,000, and extending the term of the contract for two (2) years, from July 1, 2011, through June 30, 2013.
Financial Implications: Payroll Deduction Trust Fund - $440,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,297–N.S.

17. Contract Amendment: Cigna Group Insurance for Life Insurance Policies (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cigna Group Insurance (Cigna) to: 
1.   Increasing the amount of funding by $25,000 in Fiscal Year 2011 to provide Basic Life and Accidental Death and Dismemberment (AD&D) Insurance, for a total not to exceed amount of $265,000 for the period of January 1, 2009, through June 30, 2011; and
2.   Providing a) Basic Life Insurance (at the premium rate of $0.165 per $1,000 of coverage for eligible employees) and AD&D Insurance (at the premium rate of $0.22 per $1,000 of coverage for eligible employees), and b) Supplemental Life Insurance; increasing the contract amount by an additional $192,000 for a total contract amount not to exceed $457,000, and extending the term of the contract for two (2) years, from July 1, 2011, to June 30, 2013.
Financial Implications: Payroll Deduction Trust Fund - $217,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,298–N.S.

18. Contract Amendment: Cigna Group Insurance for Long-Term Disability Insurance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cigna Group Insurance (Cigna) to provide Long-Term Disability (LTD) insurance at the premium rate of 0.379% for every $100 of active Supplementary Retirement and Income Plan II (SRIP II) participants' covered salaries, increasing the contract amount by an additional $576,000 for a total contract amount not to exceed $1,744,000, and extending the term of the contract for two (2) years, from July 1, 2011, through June 30, 2013.
Financial Implications: Payroll Deduction Trust Fund - $1,744,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,299–N.S.

19. Grant: California Department of Boating and Waterways - Boat Launching Facilities (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application for $2 million to the State of California Department of Boating and Waterways for a Boat Launching Facilities grant for improvements to the South Sailing Basin parking lot; accept the grant and execute a grant agreement and any amendments; and authorize the use of $200,000 in local match from the Marina Fund; and authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: Marina Fund - $2,000,000 (grant revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,300–N.S.

20.  **Removed from agenda per City Manager and Rescheduled to June 7, 2011**Special Use Permit for Berkeley Echo Lake Camp
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

21. Increase Purchase Order No. 82537 for Protective Products (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase Purchase Order No. 82537 to Protective Products by $25,000 for a total amount not to exceed $75,000 for purchase of ballistic protective vests with trauma plates.
Financial Implications: General Fund - $25,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,301–N.S.

22. Increase Purchase Order No. 82823 for Alameda County Automated Warrant System Computer Access (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:
1.   Increase Purchase Order No. 82823 to Alameda County for Automated Warrant System (AWS) by $15,000 for a total amount not to exceed $65,000 for access to county computerized warrant records systems; and 
2.   Continue annual Purchase Order in an amount not to exceed $230,000 to continue access to the county computerized warrants records systems for a total of four years from FY 2011 to FY 2015.
Financial Implications: General Fund - $15,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,302–N.S.

23. Contracts: LAZ Parking for Off-Street Parking Facilities Management and Amano McGann Inc. for Equipment Warranty Agreement (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Authorizing the City Manager to execute a 5 year agreement with LAZ Parking, a parking management company, to provide management services, acquisition and installation of a Parking Access and Revenue Control System (PARCS) for the Center Street, Telegraph Channing, and Oxford Garages effective July 1, 2011 through June 30, 2016 for an amount not to exceed $5,542,282; and with an option to extend the contract for two additional 1 year periods through June 30, 2018 for an amount not to exceed $2,130,194, for a total contract not to exceed $7,672,476. 
2.   Authorizing the City Manager to execute a 4-year warranty contract with Amano McGann, Inc., PARCS equipment manufacturer, for an amount not to exceed $198,804 effective one year from the date of PARCS installation.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Continued to June 7, 2011 City Council Meeting by City Manager.

24. Cooperative Agreement with the San Francisco Bay Area Rapid Transit District (BART) for Implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Berkeley and the San Francisco Bay Area Rapid Transit District (BART) for grant administration and implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project, Phase 1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,303–N.S.

25. Final Map of Tract 7974: 1800 San Pablo Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7974, a 52-unit condominium project, with 51 residential units and 1 commercial unit, at 1800 San Pablo Avenue.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,304–N.S.

26. Assessment: Elmwood Theater Business Improvement Area for FY 2011 and Renewal of Assessments for FY 2012 (PDF)
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution: 
1.   Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2011; and
2.   Declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2012; and 
3.   Setting a public hearing on the levy of assessments for July 12, 2011.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7530
Action:  Adopted Resolution No. 65,305–N.S.

27. Audit of Citywide Payment-Card Acceptance: Is Cardholder Information Safe? (PDF)
From: Auditor
Recommendation: Request the City Manager report back by January 31, 2012, 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: Approved recommendation.
 
28. Supporting AB1130: Income Taxes: Tax Rates, Imposing an Additional 1% Tax on the Wealthiest 1% of Californians (PDF)
From: Councilmember Moore
Recommendation: Adopt a Resolution supporting AB1130, which would impose an additional 1% tax on the wealthiest 1% of Californians,  and send a letter to the Revenue and Taxation Committee, Governor Jerry Brown, Senator Loni Hancock and Assemblywoman Nancy Skinner.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,306–N.S.

29. Proclamation Honoring the 45th Anniversary of Satellite Housing (PDF)
From: Councilmember Arreguin
Recommendation: Approve a proclamation honoring the 45th Anniversary of Satellite Housing
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved proclamation.

30. Commemorating the 100th Anniversary of the Election of J. Stitt Wilson as Mayor of Berkeley (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution commemorating the 100th anniversary of the election of J. Stitt Wilson as Mayor of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,307–N.S.

31. Support for AB 1319 Toxics-Free Infants & Toddlers Act (PDF)
From: Councilmembers Wengraf and Anderson
Recommendation: Adopt a Resolution supporting AB 1319 (Butler).  Request that the City Clerk send copies of the adopted resolution to Governor Brown, Assemblywoman Nancy Skinner and State Senator Loni Hancock.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,308–N.S.

32. Women's Daytime Drop-In Center - Chance for Change Benefit: Relinquishment of Council Office Funds and Grant of Such Funds (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per Councilmember to the Women's Daytime Drop-In Center in support of the Chance for Change Benefit with funds relinquished to 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 - $100
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,309–N.S. revised to include Councilmember Anderson - $100, Councilmember Capitelli - $100, Councilmember Maio - $100, and Councilmember Moore - $100.

33. Berkeley Student Cooperative: 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 up to $500 per Councilmember to the Berkeley Student Cooperative 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. 65,310–N.S. revised to include Councilmember Anderson - $100, Councilmember Worthington - $250, and Councilmember Wozniak - $250.

34. Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize the City Manager to Fly the Rainbow Flag for the Month of June (PDF)
From: Councilmember Worthington
Recommendation: Adopt a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the City of Berkeley and authorize City Manager to fly the rainbow flag for all of June.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.  Councilmembers Arreguin and Moore added as co-sponsors.

35. Support SB 104 Agricultural Workers Collective Bargaining Rights (PDF)
From: Councilmember Worthington and Arreguin
Recommendation: Support State Senator Darrell Steinberg's SB 104, which seeks to afford California agricultural workers with collective bargaining rights similar to those of public employees.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.


Action Calendar

 36. Downtown Berkeley Property and Business Improvement District (DPBID) Premium Area Parking Meter Hourly Rate Increase (PDF)
From: City Manager 
Recommendation: Adopt first readings of two Ordinances amending Berkeley Municipal Code (BMC) Chapter 14.52, Parking Meters to:

1.   Establish a premium parking zone within the Downtown Berkeley core and the area of highest intensity of use, comprised of approximately 750 parking spaces whose boundaries are University Avenue to Bancroft Way, and Oxford Avenue to Martin Luther King, Jr. Way.

2.   Increase the parking rate at multi-space pay-and-display (P&D) stations in the premium parking zone by 25¢ to $1.75 per hour, to be effective July 11, 2011, if the City Council approves the Downtown Parking Business Improvement District (DPBID) prior to that time.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Action: 3 speakers. M/S/C (Arreguin/Moore) to adopt first readings of the following two Ordinances amending Berkeley Municipal Code (BMC) Chapter 14.52, Parking Meters:

1.    Ordinance No. 7,182-N.S. to establish a premium parking zone within the Downtown Berkeley core and the area of highest intensity of use, comprised of approximately 750 parking spaces whose boundaries are University Avenue to Bancroft Way, and Oxford Avenue to Martin Luther King, Jr. Way. Second reading scheduled for June 14, 2011.

2.    Ordinance No. 7,183-N.S. to increase the parking rate at multi-space pay-and-display (P&D) stations in the premium parking zone by 25¢ to $1.75 per hour, to be effective July 11, 2011, if the City Council approves the Downtown Parking Business Improvement District (DPBID) prior to that time. Second reading scheduled for June 14, 2011.

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

 

1.   Adopt a Resolution adopting CEQA findings and the Mitigation Monitoring Program, which are applicable to the proposed "protected space" zoning amendments.

2.   Adopt first reading of an Ordinance amending BMC chapters 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing District), 23E.80 (Mixed Use-Light Industrial District), and 23E.84 (Mixed Use-Residential District), to allow Arts and Crafts, Non-Store-Based Retail, Contractors, and Research and Development into "protected space" as defined in the proposed ordinance language. 

3.   Provide direction to Planning staff on any changes or other considerations for the proposed Master Use Permit zoning ordinance language, Section 23B.36.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: 11 speakers. 

M/S/C (Worthington/Bates) to continue Recommendation #3 to July 12, 2011 City Council Meeting.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

M/S/C (Capitelli/Maio) to continue Recommendations #1 and #2 to June 28, 2011 City Council Meeting and direct staff to return with a modified ordinance that includes the following:

Provisions permitting Research & Development to occupy protected Wholesale Trade & Warehouse space in the Mixed Use Light Industrial (MULI) and Mixed Manufacturing (MM) zones:

Amount of Protected Wholesale Trade & Warehouse space permitted to be occupied by R&D: 270,000 square feet.

The 270,000 total square feet of protected Wholesale Trade & Warehouse space allowed to be occupied by R&D may be reached by any combination of occupied and/or unoccupied space subject to the following provisions:

      a.) 150,000 square feet maximum of occupied Wholesale Trade & Warehouse space.

      b.) 270,000 square feet maximum of occupied Wholesale Trade & Warehouse space vacant as of May 1, 2011.

      c.) The total combined square footage of these two categories (Occupied & Vacant) protected Wholesale Trade & Warehouse space allowed to be converted to R&D use may not exceed 270,000 square feet.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington; Noes – Bates; Abstain – Wengraf, Wozniak.

 

Recess: 8:58 p.m. – 9:08 p.m.

38.        **Removed from agenda per City Manager and Rescheduled to June 7, 2011**Disaster and Fire Safety Commission Report 2011

a.   From: Disaster and Fire Safety Commission
Contact: Sabina Imrie, Commission Secretary, 981-3473

b.   From: City Manager
Contact: Debra Pryor, Fire, 981-3473

39. Consolidation of City Commissions (PDF)
From: City Manager
Recommendation: Direct the City Manager to bring back necessary legislation to consolidate City commissions and adjust the meeting frequency for certain commissions in order to reduce resources allocated to commission work.
Financial Implications: See report
Contact: Christine Daniel, City Manager's Office, 981-7000

Action: 20 speakers. The City Manager indicated he would bring back more information on resource savings, reduction to 8 meetings per year for most commissions, combining the Community Environmental Advisory Commission with the Energy Commission, combining the Human Welfare and Community Action Commission with the Homeless Commission, combining the Commission on Early Childhood Education with the Parks and Recreation Commission, and other cost saving measures that might be proposed by commissions and the public.

40. Berkeley Taxi Cab Association (Information report moved to Action Calendar, continued from May 3, 2011) (PDF)
From: City Manager
Financial Implications: None
Contact: Christine Daniel, City Manager’s Office, 981-7000

Action: 5 speakers.  M/S/C (Worthington/Maio) to direct the City Manager to return to Council with analysis of the sale of permits with right of first refusal, consolidating inspections, increasing the flag drop rate, and increasing the penalties for non-Berkeley cabs that pick up fares in Berkeley.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington; Noes – None; Abstain – Wozniak; Absent - Bates.

Action: M/S/C (Anderson/Arreguin) to suspend the Rules of Procedure and extend the meeting to 11:15 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent - Bates.

 Absent: Mayor Bates 10:44 p.m. – 10:55 p.m.


Council Action Calendar

41. Support AB 131: Financial Aid Eligibility for Undocumented Students (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Support AB 131 allowing undocumented students who attended (for three years or more) and graduated from a California secondary school to be eligible for state financial aid at California State University and California Community Colleges. At least one of the three years must have been at a California high school. In addition, students would be granted fee waivers where applicable.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar.  Approved Councilmembers Worthington and Arreguin’s recommendation to support AB 131 allowing undocumented students who attended (for three years or more) and graduated from a California secondary school to be eligible for state financial aid at California State University and California Community Colleges. At least one of the three years must have been at a California high school. In addition, students would be granted fee waivers where applicable.

42. Support AB 889 Employment Rights for Domestic Care Workers (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Support AB 889 establishing employment rights for domestic care workers, including but not limited to: overtime pay, a maximum weekly hour cap, annual wage increases tied to the Consumer Price Index, and worker's compensation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 0 speakers.  Item held over to June 14, 2011 City Council Meeting by Councilmember Arreguin.
 
43. Support AB 1389: Unified State Standards for DUI Checkpoints and Vehicle Impoundments (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Support AB 1389 providing state-wide standards for conducting vehicle impoundments and operating DUI checkpoints, as articulated in two state court cases.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: 1 speaker. M/S/C (Worthington/Arreguin) to approve Councilmembers Worthington and Arreguin’s recommendation to support AB 1389 providing state-wide standards for conducting vehicle impoundments and operating DUI checkpoints, as articulated in two state court cases.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain –Wozniak.

44. Support UC Berkeley’s Hunger Strikers Defending Women’s Studies, African American Studies, and Ethnic Studies (PDF)
From: Councilmember Worthington and Arreguin
Recommendation: Support the UC Berkeley's Hunger Strikers defending Women's Studies, African American Studies, and Ethnic Studies from proposed cuts by the University of California at Berkeley.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item continued to July 12, 2011 by Councilmember Worthington.

 Information Reports

45. City Auditor's Annual Report for Fiscal Year 2010 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Received and filed.
 
46. Surplus Property Disposition: 2931 Shasta Road (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

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

Adjournment

Adjourned at 11:04 p.m. in memory of Gina Sasso.


Communications (PDF)

Item 37: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into “Protected Space” Under Certain Conditions and Council Direction on Master Use Permit
1.    Neil Mayer

Item 40: Berkeley Taxi Cab Association
2.    Donald Jelinek – Referred to City Manager by Councilmember Arreguin

Berkeley Edible Garden
3.    Fred Dodsworth (2)

Old City Hall / Endangered Historic Place
4.    J. Michael Edwards, on behalf of McGee-Spaulding-Hardy Historic Interest Group (MSHHIG) - Referred to City Manager by Councilmembers Arreguin and Maio

Workers’ Compensation/Employment Grievance
5.    Ragni Larsen-Orta

West Street Path Completion
6.    Aaron Welch

Parker Place Development Project
7.    Richard Drury - Referred to City Manager by Councilmember Arreguin

Biodiesel Contract / Ethical Considerations
8.    Yelda Bartlett - Referred to City Manager by Councilmember Moore

Anti-Sitting Ordinance
9.    Peace & Justice Commission - Referred to City Manager by Councilmembers Anderson, Arreguin, and Worthington

Supplemental Communications and Reports 1 (PDF)

Item 36: Downtown Berkeley Property and Business Improvement District (DPBID) Premium Area Parking Meter Hourly Rate Increase
10. Gordon Wozniak, District 8

Item 37: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into “Protected Space” Under Certain Conditions and Council Direction on Master Use Permit
11. Toni Mester
12. Gordon Wozniak, District 8

Item 39: Consolidation of City Commissions
13. Meryl Siegal
14. J. Kawahata
15. Janice Schroeder
16. Phoebe Sorgen
17. Renee Benmeleh
18. Diana Bohn
19. Edith Hallberg
20. Erica Etelson
21. Mary Prophet
22. Jesse Townley
23. Meaveen O’Connor
24. Stephanie Thomas
25. Gordon Wozniak, District 8

Item 42 Support AB 889 Employment Rights for Domestic Care Workers
26. Gordon Wozniak, District 8

Item 44: Support UC Berkeley’s Hunger Strikers Defending Women’s Studies, African American Studies, and Ethnic Studies
27. Gibor Basri

Biodiesel Contract / Ethical Considerations
28. Phil Kamlarz, City Manager


Supplemental Communications and Reports 2 (PDF)

Item 12: FY 2012 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election
29. Susan Brandt-Hawley
30. Berkeley Council Watch

Item 36: Downtown Berkeley Property and Business Improvement District (DPBID) Premium Area Parking Meter Hourly Rate Increase
31. Berkeley Council Watch

Item 37: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into “Protected Space” Under Certain Conditions and Council Direction on Master Use Permit

  • Presentation, submitted by Planning & Development (see agenda item)

Item 39: Consolidation of City Commissions
32. Berkeley Council Watch
33. Charlotte Hill

New Berkeley
34. Donald Carlson