Regular Meeting Annotated Agenda
June 07, 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, June 07, 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: 7:00 p.m.  Absent – Councilmembers Anderson and Worthington.  Councilmember Anderson present at 7:01 p.m.  Councilmember Worthington present at 7:06 p.m.

Ceremonial Matters:

  1. Recognition of Rebecca Lazarus and Hannah Bloom for their efforts with REACH

City Manager Comments:  The City received the highest rating (MIG 1) for the recent issuance Tax and Revenue Anticipation Notes.

Public Comment on Non-Agenda Matters: 5 speakers.


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

Consent Calendar

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

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) (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:  Adopted Resolution No. 65,313–N.S. (LAZ Parking) and Resolution No. 65,314–N.S. (Amano McGann)


Consent Calendar

1. 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: Refuse Collection Disposal - $77,250
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Action Calendar.  0 speakers.  M/S/C (Worthington/Moore) for the City Manager to provide additional information at the June 14 meeting.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

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

3. Board of Library Trustees Appointment: Revised Term Dates for Jim Novosel and Julie Holcomb (PDF)
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
Action:  Adopted Resolution No. 65,315–N.S.
 
4. Appointment of Ruth Cashmere to the Mental Health Commission (PDF)
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
Action:  Adopted Resolution No. 65,316–N.S.

5. Appointment of Laurie Capitelli to the 4 X 4 Joint Task Force on Housing Committee (PDF)
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
Action: Approved recommendation.
 
6. 2011 Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Anderson, Arreguin, Capitelli and Worthington
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
Action:  Adopted Resolution No. 65,317–N.S. revised to include contributions from Councilmember Arreguin - $250; Councilmember Capitelli - $250; Councilmember Maio - $100; Councilmember Moore - $100; Councilmember Wengraf - $100; and Councilmember Worthington - $500.

7. Berkeley Black Repertory Theatre: 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 $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
Action:  Removed from Agenda by Councilmember Worthington.

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
Action: Added Councilmembers Anderson, Arreguin, and Moore as co-sponsors. Approved proclamation.

9. STEP: Sisters Together Educating Our Peers (care of Inter-City Services): 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 $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
Action:  Adopted Resolution No. 65,318–N.S.

10. One-Time Budget Referral for the Construction of a Traffic Calming Device on Ashby Place (PDF)
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: Approved recommendation.

Action Calendar – Public Hearing

11. FY 2012 & FY 2013 Budget Update and FY 2012 Citywide Work Plan (PDF)
Supplemental Agenda Material-FY 2012-13 Budget Update and FY 2012 Workplan-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
Public Testimony: The Mayor opened the public hearing. 50 speakers. 
Action: M/S/C (Anderson/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action: M/S/C (Worthington/Arreguin) to accept the revised item from Councilmembers Anderson and Moore and the revised item from Mayor Bates and Councilmember Maio for consideration.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Capitelli.

Absent: Councilmember Capitelli absent 9:20 p.m. – 9:28 p.m.

Action: M/S/C (Arreguin/Maio) to refer the following items to the Budget Process:

From Councilmembers Anderson and Moore:
1. Safe Community Partnership ($10,000 for one year)

From Mayor Bates and Councilmember Maio:
2. East Bay Asian Youth Center – RISE ($10,000 per year for two years)
3. Berkeley Boosters – ($5,000 per year for two years)
4. United for Health – ($10,000 per year for two years)
5. Lifelong Medical Care, Inc Acupuncture Clinic – ($20,000 for one year)
6. J-SEI – ($10,000 for one year)
7. Bay Area Community Land Trust for Co-op Training – ($5,000 for one year)

From Councilmember Moore:
8. Berkeley Youth Alternatives – ($50,000 for one year)
9. Stonewall Festival – ($5,400 for one year)

From Councilmember Arreguin:
10. Cinco de Mayo Festival – ($4,050 for one year)

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


12. Proposed Modification of Fees for Filing Appeals of Land Use Matters to the Zoning Adjustments Board and Council (PDF)
From: City Manager
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
Public Testimony: The Mayor opened the public hearing. 2 speakers. M/S/C (Moore/Anderson) to close the public hearing.
 

Action: M/S/C (Wozniak/Capitelli) to adopt Resolution No. 65,319–N.S. 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 including amendments to 4. to define affordable housing projects:

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 provide 50% or more affordable units for households at 80% or less of Area Median Income): $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.

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

Action Calendar – New Business

13. Ordinance Amending BMC Section 16.04.010 to Establish that a Property Owner Can Be Liable for Failing to Maintain the Adjacent Sidewalk(PDF)
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

Action: 0 speakers. M/S/C (Capitelli/Maio) to accept the administrative policy changes stated in Item 17 including provisions for low income homeowners and adopt the first reading of Ordinance No. 7,184–N.S. 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 with the following amendments:

1.  Add new Section 2. under 16.04.010 to state “This ordinance shall be effective October 1, 2011.” 
2. Renumber existing Section 2 to Section 3.
Second reading scheduled for June 28, 2011.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Moore.

14.  Disaster and Fire Safety Commission Report 2011

a. From: Disaster and Fire Safety Commission (PDF)

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

b. From: City Manager (PDF)
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
Action: 

a. Moved Recommendation #2 to the Consent Calendar.  Adopt Resolution No. 65,320–N.S. requesting the expeditious resolution of controversy relating to Wildland Fuel Reduction and the Federal Emergency Management Agency Environment Impact Statement.

b. Moved to the Consent Calendar with the note that the referral is from the City Council.

15. Policy for Charging of Electric Vehicles (PDF)
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
Action: Referred to the Agenda Committee.

Council Action Calendar

16. Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065 (PDF)
Revised Agenda Material (PDF)
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
Action:  M/S/C (Arreguin/Worthington) to continue the item to June 14, 2011 with the revisions submitted by Councilmember Arreguin.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak.

Information Calendar

 
18. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 2 speakers.


Adjournment

Adjourned  at 10:38 p.m. in memory of:
Barbara Wilkie, Environmental Health Network
Vincent Perez, San Francisco Firefighter
Anthony Valerio, San Francisco Firefighter
Emily Kassier – Memorial to be held at MLK Middle School on June 11th at 11am.


Communications (PDF)

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


Supplemental Communications and Reports 1 (PDF)

Item 10: One-Time Budget Referral for the Construction of a Traffic Calming Device on Ashby Place
6.    Marcie Gutierrez and Bret Dickey
7.    Nina Rivkind and Steven Shatz
8.    Noreen Fukumori
9.    Mark Humbert, on behalf of the Claremont Elmwood Neighborhood Association (CENA)

Item 11: FY 2012 & FY 2013 Budget Update and FY 2012 Citywide Work Plan
10. Rebecca Prager
11. Jovan Yglecias
12. Rogelio Medina
13. Erica Etelson
14. Dionne Carter
15. Kim Allen
16. Tamar Chaet
17. Jana Luft
18. Andrea Pflaumer
19. Berkeley Council Watch
20. Civic Arts Commission
21. Berkeley Budget SOS – Referred to City Manager by Councilmember Capitelli

Item 16: Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065
22. Gianna Albaum

Supplemental Communications and Reports 2 (PDF)

Item 11: FY 2012 & FY 2013 Budget Update and FY 2012 Citywide Work Plan

  • Presentation, submitted by City Manager’s Office (see agenda item)

23. Max Anderson, District 3, and Darryl Moore, District 2
24. Tom Bates, Mayor, and Linda Maio, District 1
25. Berkeley Budget SOS
26. Izzy
27. Lavonta Jackson
28. Gabby
29. Aireyn
30. Jelani Holmes

Item 16: Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065

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