Regular Meeting eAgenda
June 7, 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 ITEM FROM MAY 31, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, June 7, 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.

Consent Calendar – Continued Business

A.  Contracts: LAZ Parking for Off-Street Parking Facilities Management and Amano McGann Inc. for Equipment Warranty Agreement (Continued from May 31, 2011)
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

Consent Calendar

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: Refuse Collection Disposal - $77,250
Contact: Robert Hicks, Finance, 981-7300
 
2.**Removed from agenda per City Manager**Special Use Permit for Berkeley Echo Lake Camp
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: Board of Library Trustees
Recommendation: Adopt a revised Resolution correcting the term dates for appointing Jim Novosel and Julie Holcomb to the Board of Library Trustees ("BOLT") for a term of four years beginning May 14, 2011, and rescinding Resolution No. 65,258-N.S., adopted May 3, 2011.The original resolution included an administrative error with the wrong expiration date.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6100
 
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the appointment of Ruth Cashmere to the Mental Health Commission, as a City of Albany representative of the General Public Interest Category beginning June 8, 2011 and ending June 7, 2014.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Approve the appointment of Councilmember Laurie Capitelli to the 4 X 4 Joint Task Force on Housing Committee, filling the vacancy created by the resignation of Councilmember Gordon Wozniak.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Anderson to the 2011 Berkeley Juneteenth Festival with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Max Anderson, Councilmember, District 3, 981-7130
 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Worthington to the Berkeley Black Repertory Theatre 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 - $250
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
8.   First Annual Berkeley LGBT Comedy Festival Week (PDF)
From: Councilmember Worthington 
Recommendation: Adopt a Proclamation for the First Annual Berkeley LGBT Comedy Festival Week.
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 $250 per Councilmember including $250 from Councilmember Worthington to the STEP: Sisters Together Educating Our Peers (care of Inter-City Services) 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 Funds - $250
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Wozniak
Recommendation: Refer to the budget process $15,000 for the development and construction of a traffic calming device on the eastern entrance of Ashby Place at Ashby Avenue.
Financial Implications: General Fund - $15,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

 
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 – Public Hearing
 
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.
 
Presentation (PDF)
From: City Manager 
Recommendation: Conduct a second public hearing regarding the FY 2012 & FY 2013 proposed budget and provide comments on Work Plan.
Financial Implications: See FY 2012 & FY 2013 Proposed Biennial Budget
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution amending the fee schedule for the Permit Service Center Fund to modify the fees for filing appeals to the City Council regarding land use matters as follows:
1. Appeal of Zoning Officer decision (Administrative Use Permits) to Zoning Adjustments Board (ZAB):  $200; fee reduced to $75 if appeal is signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less.
2. Appeal of ZAB decisions to City Council:  $500; fee reduced to $100  if appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
3. All appeals by Applicant:  $2500.
4. Appeals of affordable housing projects (defined as projects which qualify under section Government Code Section 65589.5 for “Approval of Affordable Housing”):   $500, no reduction available. 
5. Permit the City Manager to reduce or waive appeal fees when an appeal is based on an acknowledged staff error.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – New Business
 
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code section 16.04.010 to establish that if a property owner fails to keep the sidewalk area in a safe condition for pedestrians (as is already required by both state and local law), then the owner is potentially liable for pedestrian accidents.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
14.  Disaster and Fire Safety Commission Report 2011
Recommendation:
1.   Ensure that the City continues to prepare for disasters, not limited to earthquake and wildfire, as described in the recommendations below:
City-Wide disaster drill for cache groups
Residential soft story buildings
Unreinforced masonry buildings
Reduction of natural gas pipeline hazards
Restriction of parking to facilitate movement of emergency vehicles
Wildland fuel reduction
2.   Adopt a Resolution requesting the expeditious resolution of controversy relating to Wildland Fuel Reduction and the Federal Emergency Management Agency Environment Impact Statement.
Financial Implications: See report
Contact: Sabina Imrie, Commission Secretary, 981-3473
 
Recommendation: That the City Manager refer the specific operational items in the Disaster and Fire Safety Commission report to the budget process for consideration and review by impacted City departments.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: Public Works Commission
Recommendation: Adopt a Resolution establishing a restricted policy for the charging of electric vehicles (EVs) for owners of EVs living in residential neighborhoods lacking adequate off-street parking. In so doing, avoid the private use of the public right-of-way (PROW) to charge EVs adjacent to owners' residences, since preferable alternatives exist and are expected to expand soon.
Financial Implications: None
Contact: Jeff Egeberg, Commission Secretary, 981-6300

 
Council Action Calendar
 
From: Councilmembers Arreguin, Moore and Worthington
Recommendation: 
1. Adopt first reading of an Ordinance establishing Berkeley Municipal Code (BMC) Section 22.20.065 to authorize the adoption of an affordable housing mitigation fee for rental housing projects.
2. Direct the City Manager to prepare a resolution to adopt an affordable housing impact fee, looking at a range between $15,000 to $28,000 per unit, and come back to Council by July 19, 2011 with a proposed resolution.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
 
Information Reports
 
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
 
18.  Unrepresented Temporary Employee (PDF)
From: City Manager 
Contact: David Hodgkins, Human Resources, 981-6800

 
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 June 2, 2011.

Deanna Despain, City Clerk


 
 
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.
 
Item 11: FY 2012 & FY 2013 Budget Update and FY 2012 Citywide Work Plan
1.    Jacquelyn McCormick
2.    Tonya Johnston
3.    Meg Howard
 
West Street Pathway
4.    Phil Morton
 
California SB 932
5.    Pam Speich and Sally Williams