Regular Meeting Annotated Agenda
July 12, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 12, 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.  All present.

Ceremonial Matters:
1.  Milestone 5 Award presented to the City of Berkeley from the International Council for Local Environmental Initiatives (ICLEI)
2.  T.W. Johnson

City Manager Comments: 
1.  National Night Out is August 2.
2.  Animal Shelter’s 60/6/60 program

Public Comment on Non-Agenda Matters: 4 speakers.

Public Comment on Consent Calendar and Information Items Only:  3 speakers.

Consent Calendar

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

1. Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code (PDF)
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,191–N.S. amending Title 23 of the Berkeley Municipal Code (BMC) to streamline zoning permit requirements for certain business activities likely to encourage economic activity.
First Reading: Ayes – Anderson, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – Arreguin.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,191–N.S.
Vote: Ayes – Anderson, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – Arreguin.
 
2. FY 2012 Tax Rate: Business License Tax on Large Non-Profits (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,193–N.S. repealing Ordinance No. 6501-N.S. and Ordinance No. 6558-N.S., since both are no longer of any force or effect by their own terms, and setting the FY 2012 tax rate for Business License Tax on large non-profits at $.51 (51 cents) per square foot of improvements, which is the rate approved by the voters.
First Reading: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,193–N.S.

3. West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into "Protected Space" Under Certain Conditions (PDF)
Supplemental Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,194–N.S. 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.
First Reading: Ayes – Anderson, Capitelli, Maio, Wengraf, Wozniak and Bates; Noes – Arreguin and Worthington; Abstain – None; Absent – Moore.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Anderson/Wengraf) to accept supplemental material from staff for consideration. Adopted by unanimous consent. 

Action: Adopted second reading of Ordinance No. 7,194–N.S.  No later than April 15, 2016, the City Manager shall provide a cumulative report to the City Council and schedule an action item for the Council’s consideration so that it can provide direction as to what, if any, modifications it wishes to make to this Section.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – Arreguin;  Abstain – None.

4. FY 2012 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,195–N.S. adopting the FY 2012 Annual Appropriations Ordinance (AAO) in the amount of $372,702,084 (gross appropriations) and $314,053,925 (net appropriations).
First Reading: Ayes – Anderson, Arreguin, Capitelli, Maio, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – None; Absent – Moore.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,195–N.S.

5. 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 - $3,500,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

6. Purchase Orders: Office Supplies and 100% Recycled Processed Chlorine Free (PCF) Copy Paper for an Annual Amount Not to Exceed $500,000 (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into Purchase Orders with Independent Stationers to supply all miscellaneous office supplies, and 100% recycled processed chlorine free (PCF) copy paper for a period of 3 years from July 1, 2011 through June 30, 2014, with the option to extend for two additional twelve month periods for a total of five years subject to the City's annual budget appropriation process in an amount not to exceed $500,000 per year.  The City will be piggybacking off a U.S. Communities competitively bid contract with Independent Stationers, as allowed in Section 67.2 of the Berkeley City Charter.
Financial Implications: Various Funds - $500,000 per year
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,378–N.S.

7. Purchase Order: Golden Gate Truck Center for One Aboveground Water System Transport Truck (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Golden Gate Truck Center in amount not to exceed $162,838 for one transport truck for use with the Measure Q Aboveground Water System.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 65,379–N.S.

8. Contract: North Oakland Pharmacy for Mental Health Pharmacy Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with North Oakland Pharmacy for the provision of prescription psychiatric medications for uninsured Mental Health clients, not to exceed $75,000 per year, effective September 1, 2011 through June 30, 2014, with an option to renew annually for up to a total period not to exceed 10 years, ending June 30, 2021.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,380–N.S.

9. Repeal Subsection 701.4 (Certification of Gas Heating Equipment) of Berkeley Municipal Code Section 19.40.040 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing Subsection 704.1 Certification of Gas Heating equipment, of Berkeley Municipal Code Section 19.40.040.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted first reading of Ordinance No. 7,196–N.S.  Second reading scheduled for July 19, 2011.

10. Contract No. 7212A Amendment: Kaiser Permanente Medical Group for Occupational Health Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7212A with the Kaiser Permanente Medical Group in the amount of $150,000 through June 30, 2012 for occupational health medical examinations, including pre-employment physicals.
Financial Implications: Various Funds - $150,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,381–N.S.

11. Lease Agreement: 80 Bolivar Drive (North Building) in Aquatic Park with Waterside Workshop (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshop for the North Building at 80 Bolivar Drive in Aquatic Park for a lease term to begin September 1, 2011 for 5 years with one option for another five years.
Financial Implications: Parks Tax Fund - $1,500 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted first reading of Ordinance No. 7,197–N.S.  Second reading scheduled for July 19, 2011.

12. Acceptance of the 1200 Ashby Avenue Offer of Dedication (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to accept the 1200 Ashby Avenue Offer of Dedication for a five-foot strip of land adjacent to Ashby Avenue intended to facilitate traffic improvements to the Ashby/San Pablo intersection.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,198–N.S.  Second reading scheduled for July 19, 2011.

13. Lease Amendment: 2118 Milvia Street (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an 84-month lease amendment with N.E.W Milvia Property LLC for real property located at 2118 Milvia Street, to house the Planning and Development Department for the period September 1, 2011 through August 31, 2018.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,199–N.S.  Second reading scheduled for July 19, 2011.

14. Contract: Downtown Berkeley YMCA for Fitness Memberships for City Employees (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $199,206 for fitness center memberships for City employees for the period July 1, 2011 through June 30, 2012.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action:  Moved to Action Calendar.  M/S/C (Wozniak/Wengraf) to adopt Resolution No. 65,382–N.S. authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $199,206 for fitness center memberships for City employees for the period July 1, 2011 through June 30, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Wozniak; Abstain – None.

15. Repeal and Reenact BMC Chapter 17.24 Abatement of Nonconforming/Substandard Sewer Laterals on Private Property and Amend BMC Section 17.16.010 Regulating Installation of Sewer Laterals (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance:
1. Repealing and reenacting Chapter 17.24 of the Berkeley Municipal Code (BMC) regulating Private Sewer Laterals; and
2. Amending BMC Section 17.16.010 regulating installation of Sewer Laterals.

Financial Implications: No direct fiscal impacts
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,200–N.S.  Second reading scheduled for July 19, 2011.

16. Grant of Easement to EBMUD at 1 and 80 Bolivar Drive (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an agreement to grant an easement (Exhibit A) to East Bay Municipal Utility District (EBMUD) for installation of a main water line extension, maintenance, and transmission of water service to 1 Bolivar Drive for the new Dona Spring Animal Shelter.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,201–N.S.  Second reading scheduled for July 19, 2011.

17. Lease Amendment: 1 Bolivar Drive AT&T Wireless Cell Site (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to the cell site lease with AT&T Wireless (also known as New Cingular Wireless PCS, LLC) and any other amendments thereto through completion of construction of the Animal Shelter project at 1 Bolivar Drive as authorized by Ordinance No. 7,054–N.S. (Exhibit A).
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,202–N.S.  Second reading scheduled for July 19, 2011.

18. Contract: Gallagher & Burk, Inc. for Sacramento Street Overlay Project (University Avenue to Dwight Way) (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sacramento Street Overlay Project (University Avenue to Dwight Way), 11-10579-C; accepting the bid of Gallagher & Burk, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $622,980.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,383–N.S.

19. Letter to Fair Political Practices Commission in Support of Electronic Filing Being the Filing of Record (PDF)
From: Fair Campaign Practices Commission
Recommendation: Direct the City Manager to send a letter to the Fair Political Practices Commission Task Force in support of the letter from San Francisco and other NetFile jurisdictions urging designation of electronic filings as the filing of record.
Financial Implications: None
Contact: Kristy van Herick, Commission Secretary, 981-6950
Action: Moved to Action Calendar.  M/S/C (Wozniak/Wengraf) to approve recommendation to direct the City Manager to send a letter to the Fair Political Practices Commission Task Force in support of the letter from San Francisco and other NetFile jurisdictions urging designation of electronic filings as the filing of record amended to include the electronic filing system should include standard formats that have been approved by the City Clerk.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None.

Council Consent Items
 
20. "Crop Swap" at Ohlone Park at Sacramento Street (PDF)
From: Councilmembers Maio, Capitelli, and Wengraf
Recommendation: Request the City Manager assist with whatever permissions are needed to enable the Transition Berkeley "crop swap" to begin on Monday, July 18, and thereafter.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Approved recommendation.
 
21. Local Hire Provision for Service Contracts $500,000 or More (PDF)
From: Councilmember Moore
Recommendation: Refer to the City Manager to come back in 6 months with a proposal for a local hire provision for all service contracts for $500,000 or more.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Approved recommendation.

22. Approval of City Co-Sponsorship: Center Street Movie Nights (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City of Berkeley co-sponsorship of the Center Street Movie Nights series to be held on Saturdays throughout the month of August 2011 on Center Street between Shattuck and Oxford.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,384–N.S.

23. Approval of City Co-Sponsorship: Downtown Summer Noon Concert Series (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City of Berkeley co-sponsorship of the Downtown Summer Noon Concert Series to be on Thursdays throughout the month of August 2011.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,385–N.S.

Action Calendar – Appeal

24. Appeal of Proposed Special Assessment Liens - 2252 Derby Street, 2245 Ward Street, 2249 Ward Street, and 2253 Ward Street (PDF)
From: City Manager
Recommendation: Conduct a hearing and, upon conclusion, adopt a Resolution rejecting the property owner's objection to the cost of the administrative fines issued to him for his failure to comply with the Notices of Violation regarding illegal construction, public right-of-way violations and zoning violations at his properties at 2252 Derby Street, 2245 Ward Street, 2249 Ward Street, and 2253 Ward Street and allowing the lien to be recorded as written and approved by the City Manager.
Financial Implications: See report
Contact: Gregory Daniel, City Manager's Office, 981-7000
Action: Removed from Agenda.

25. Assessments: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protests exist, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2011 and levying assessments in the District for FY 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Moore/Worthington) to close the public hearing.  Adopted by unanimous consent. 
Action: M/S/C (Worthington/Moore) to adopt Resolution No. 65,386–N.S. confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2011 and levy assessments in the Area for FY 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None.

26. Renewal: Elmwood Theater Business Improvement Area Assessments (PDF)
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2011and levy assessments in the Area for FY 2012.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7530

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.  Adopted by unanimous consent. 

Action: M/S/C (Worthington/Wozniak) to adopt Resolution No. 65,387–N.S. confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2011 and levy assessments in the Area for FY 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes – None; Recused – Capitelli.

27. Amendments to Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12 (PDF)

From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the Berkeley Election Reform Act (BERA), BMC Chapter 2.12 to:

1.   add section 2.12.231 to create additional remedies for violations including issuance of monetary penalties;  
2.   add section 2.12.271 to create additional filing requirements for committees making expenditures in support of or opposition to a measure;  
3.   add section 2.12.297 to require additional filing of independent expenditure reports in the 30 days preceding election;  
4.   add section 2.12.335 to require disclosure on campaign communications of contributors donating $2500 or more;  and 
5.   amend section 2.12.485 to create a penalty for late filing of reports required by section 2.12.297.

Financial Implications: Staff time
Contact: Kristy van Herick, Commission Secretary, 981-6950


Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Capitelli) to close the public hearing.  Adopted by unanimous consent. 

Action: M/S/C (Wengraf/Wozniak) to remand the matter to the Fair Campaign Practices Commission for further review.
Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Moore, Anderson.


Action Calendar – Old Business

 
Supplemental Agenda Material (PDF)
From: City Manager
Recommendation: Receive updates on, and take possible action resulting from, negotiations with the following bargaining units: Service Employees International Union Local 1021 Community Services and Part Time Recreation Leaders Chapter; Public Employees Union-Local One; Berkeley Police Association; and International Brotherhood of Electrical Workers Local 1245-A.F.L.-C.I.O.
Financial Implications: To be determined
Contact: Christine Daniel, Deputy City Manager, 981-7000

Action: M/S/C (Anderson/Wengraf) to accept supplemental material from staff for consideration.  Adopted by unanimous consent. 

Action: Moved to Consent Calendar.  Adopted two resolutions. 

1.    Adopt Resolution No. 65,388-N.S. authorizing the City Manager to execute and implement changes to wages, benefits and terms of employment as set forth in the Side Letter of Agreement with Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association (PTRLA) for the period of June 26, 2011 through June 23, 2012.

2.    Adopt Resolution No. 65,389-N.S. authorizing the City Manager to execute and implement changes to wages, benefits and terms of employment as set forth in the Side Letter of Agreement with Public Employees Union Local 1 for the period of June 26, 2011 through June 23, 2012.


Action Calendar – New Business

29. Amending Chapters 14.48 and 16.18 of the BMC to Establish Public Works Department Administration of Sidewalk Café Seating, Benches and Planters (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Chapters 14.48 and 16.18 of the Berkeley Municipal Code (BMC) to establish non-discretionary permit requirements for Sidewalk Café Seating, Benches, and Planters administered by the Public Works Department.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,203–N.S. amending Chapters 14.48 and 16.18 of the Berkeley Municipal Code (BMC) to establish non-discretionary permit requirements for Sidewalk Café Seating, Benches, and Planters administered by the Public Works Department.  Second reading scheduled for July 19, 2011.

30. Zoning Ordinance Amendments Removing Planning Department Administration of Sidewalk Café Seating, Benches and Planters and Revising the Regulation of Commercial Outdoor Seating on Private Property and Amending BMC Title 23 (PDF)
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23 to remove permitting requirements for sidewalk seating, benches and planters administered by the Planning Department, establish a process for gradual termination of existing sidewalk seating Administrative Use Permits (AUP) upon the transfer of ownership of the business, and revise the regulation of commercial outdoor seating on private property.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,204–N.S. amending Berkeley Municipal Code (BMC) Title 23 to remove permitting requirements for sidewalk seating, benches and planters administered by the Planning Department, establish a process for gradual termination of existing sidewalk seating Administrative Use Permits (AUP) upon the transfer of ownership of the business, and revise the regulation of commercial outdoor seating on private property.  Second reading scheduled for July 19, 2011.

31. Amending the Definition of and Permits Required for Art/Craft Studio, BMC Title 23 (PDF)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code (BMC) that revises the definition of "Art/Craft Studio," BMC 23F by clarifying the definition, including rehearsal space, and removing certain workplace restrictions, and that reduces the levels of discretion to establish a small Art/Craft Studio in the M, MM, MULI, and MUR zoning districts, BMC 23E.72.030, BMC 23E.76.030, BMC 23E.80.030, BMC 23E.84.030, respectively.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Action:  4 Speakers.  M/S/C (Wengraf/Moore) to adopt first reading of Ordinance No. 7,205–N.S. amending Title 23 of the Berkeley Municipal Code (BMC) that revises the definition of "Art/Craft Studio," BMC 23F by clarifying the definition, including rehearsal space, and removing certain workplace restrictions, and that reduces the levels of discretion to establish a small Art/Craft Studio in the M, MM, MULI, and MUR zoning districts, BMC 23E.72.030, BMC 23E.76.030, BMC 23E.80.030, BMC 23E.84.030, respectively.  Additional revisions to be included are as follows.

Section 1:           That the definition of Art/Craft Studio in Berkeley Municipal Code Section 23F.04.010 is amended to read as follows:

Art/Craft Studio:  An establishment engaged in the creation of art or crafts that requires artistic skill.  Such an establishment may participate in periodic open studios, but otherwise is subject to the applicable district’s requirements for incidental sales of goods made on site.  Art/Craft Studios also include rehearsal spaces not designed for public performances.

Examples of individuals typically engaged in this work include, but are not limited to, woodworkers, potters/ceramicists, costume makers, set designers, stained-glass makers, glassblowers, textile artists and weavers, jewelry makers, painters, fine art printmakers, photographers/filmmakers, leather workers, metal workers, musical instrument makers, model makers, papermakers, installation artists, sculptors, video artists, and other makers of art and crafts that the Zoning Officer determines to be consistent with the definition above.

All references to Art/Craft Studio and Media Production in Sections 2-6 shall reflect the following: ZC <10,000; AUP: 10,000-20,000; UP (PH): >20,000.

All references to Art/Craft Studio and Media Production in Section 7 shall reflect the following: ZC <1,000; AUP: 1,001-20,000; UP (PH): >20,000.

Second reading scheduled for July 19, 2011.
Vote : Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None;  Abstain – None.

32. West Berkeley Project: Master Use Permit (PDF)
West Berkeley Project: Master Use Permit - Presentation (PDF)
From: City Manager
Recommendation: Provide staff direction on any changes or other considerations for the proposed Master Use Permit zoning ordinance language, Section 23B.36.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

Action: 6 Speakers.  M/S/C (Bates/Moore) to approve the City Manager’s recommendation to provide staff direction on any changes or other considerations for the proposed Master Use Permit zoning ordinance language, Section 23B.36 and continue the item to July 19, 2011.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Absent – Anderson, Worthington.

Recess: 9:10 p.m. – 9:23 p.m.

Councilmember Anderson exited meeting: 9:23 p.m.

Absent: Councilmember Worthington: 9:37 p.m – 9:59 p.m.

33. Public Safety Communications System: East Bay Regional Communications System Authority (PDF)
From: City Manager
Recommendation: Adopt 3 Resolutions to:
1.   Authorize the City Manager to execute the documents necessary for the City of Berkeley to join the East Bay Regional Communications System Authority.
2.   Authorize the City Manager to execute a Project Operating Agreement for the City with the East Bay Regional Communications System Authority, including the payment for initial buy-in and annual operating costs in an amount not to exceed $390,000 plus a 20% contingency.
3.   Authorize the purchase of all portable, mobile and infrastructure radio units required for system operation, in an amount not to exceed $2.2 million plus a 20% contingency, either by “piggy-backing” off of an existing qualified purchase agreement, or releasing a request for bids for this equipment.
Financial Implications: Measure GG Funds; first year costs approximately $2,500,000
Contact: Andrew Clough, Public Works, 981-6300

Action: 2 Speakers.  Continued to July 19, 2011.

34.    Community Conservation Centers for Recyclables Processing Services

a. Contract: Community Conservation Centers for Recyclables Processing Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with Community Conservation Centers (CCC) for recyclables processing, for the period from August 1, 2011 to June 30, 2015, with the option of two 1-year extensions.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

b. Contract No. 6856E Amendment: Community Conservation Centers for Recyclables Processing Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6856E with Community Conservation Centers (CCC) extending the term of the contract through December 31, 2011 and increasing the contract not to exceed amount by $150,000 to $3,114,000.
Financial Implications: Refuse Fund - $150,000
Contact: Andrew Clough, Public Works, 981-6300

Action: M/S/C (Worthington/Maio) to adopt Resolution No. 65,390–N.S. authorizing the City Manager to execute a new contract with Community Conservation Centers (CCC) for recyclables processing, for the period from August 1, 2011 to June 30, 2015, with the option of two 1-year extensions.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

35.   City of Berkeley Homeless Services Volunteer Support

a. From: Homeless Commission (PDF)
Recommendation:
Adopt a Resolution directing the City Manager to require all community based agencies that receive homeless services funding through the City of Berkeley to recruit, train, and maintain volunteers to counteract the impact of funding reductions so that the quality of services to clients is maintained.
Financial Implications: See report
Contact: Jennifer Vasquez, Commission Secretary, 981-5400

b. From City Manager (PDF)
Recommendation:
Direct the City Manager to direct staff to continue to provide information regarding volunteer and grant opportunities to community based agencies that receive homeless services funding through the City of Berkeley.
Financial Implications: See report
Contact: Jennifer Vasquez, Commission Secretary, 981-5400
Action: 2 Speakers.  Moved to Consent Calendar.  Directed the City Manager to direct staff to continue to provide information regarding volunteer and grant opportunities to community based agencies that receive homeless services funding through the City of Berkeley.


Council Action Calendar

36. Allocating $90,000 from Childcare Mitigation Funds to Save BUSD 9.5 Hour Extended Day Pre-K Classrooms (Continued from June 14, 2011) (PDF)
From: Councilmember Arreguin
Recommendation: Approve the allocation of $90,000 from childcare mitigation funds over the following three years to fund the continuation of several BUSD 9.5 hour Extended Day Pre-K classrooms. Childcare Mitigation Funds used for Extended Day Pre-K classrooms can only be spent on subsidizing Pre-K slots for low-income Berkeley families.
Financial Implications: $90,000
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Removed from Agenda.

Action: M/S/C (Bates/Maio) to suspend the Council Rules of Procedure and extend the meeting to 11:30 p.m.

37. Affordable Housing Mitigation Fee: Scheduling Public Hearing and Preparing Resolution for Adoption (PDF)
From: Councilmembers Arreguin and Worthington
Recommendation: 

1.   Direct the City Manager to schedule a public hearing as soon as is practically possible giving notice to the public that the City Council is considering adoption of a resolution establishing an Affordable Housing Mitigation Fee of up to $34,000 as a condition of development for new rental housing projects. 

2.   Direct the City Manager to prepare a resolution for adoption to establish a requirement that applicants for new rental housing projects shall be required to pay an Affordable Housing Mitigation Fee as a condition of development, based on the following framework:

  • The mitigation fee assessed shall be $34,000 per unit, unless the fee is reduced or waived through the voluntary provision of units to be rented to Very Low Income households, or as permitted by B.M.C. Chapter 22.20.065
  • Projects of five units or more shall be subject to the full mitigation fee unless the fee has been proportionally reduced or waived. Projects of 4 units or less shall be subject to the following fees:

4 units:     $ 20,000 per unit

3 units:     $ 15,000 per unit

2 units:     $ 10,000 per unit

Financial Implications: Unknown

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action: 7 speakers. M/S/C (Maio/Capitelli) to direct staff to return in Fall 2011 for a worksession to discuss the Affordable Housing Mitigation Fee in further detail.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Absent – Anderson.

38. Enhanced Minutes: Recording All Motions Made at City Council Meetings (PDF)
From: Councilmember Worthington
Recommendation: Set as policy, the City Council minutes shall accurately depict the occurrences at the City Council meeting: recording all "Ayes," "Noes" and abstentions taken during the council meeting.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: M/S/C (Bates/Capitelli) to direct staff to return with further information and refer to the Agenda Committee for scheduling.
Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Absent – Anderson; Abstain: Moore.


Information Reports

39. Climate Action Plan Milestone Achievement Award (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.
 
40. LPC-NOD: 1340 Arch Street (LM No. 4-0000008) (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.

41. LPC-NOD: 2701-21 Eighth Street/ 934 Carleton (LM No. 4-0000006) (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.

42. Money for Energy Efficiency (ME2) Progress Report (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.

43. Revisions to Zoning Amendments to Encourage Economic Development (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.

44. Audit Plan for Fiscal Year 2012 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 3 speakers.


Adjournment
-
Adjourned at 11:31 p.m.

Communications

Item 33: Public Safety Communications System: East Bay Regional Communications System Authority
1.    James Geissinger

Item 35: City of Berkeley Homeless Services Volunteer Support
2.    Carole Marasovic and Jeff Davis

Washington Park Cemetary
3.    Lawonda Macon - referred to the City Manager by Councilmember Maio.

Recycling Collection Options
4.    Barbara Gilbert
5.    Hannah Rose
6.    Jennifer Russell

Betty Wright Center Pool
7.    Shelley Hayden

Redistricting Deadlines
8.    Sydney Fang
9.    Joey Freeman
10. Christine Yun
11. Rachel Horning
12. Tiffany Chia
13. Joey Lam
14. Aviv Gilboa
15. Shahryar Abbasi
16. Noah Ickowitz

Sales Activity Related to Non-Processed Edibles
17. Jesse Arreguin, District 4

U.S. Conference of Mayors Resolution
18. Phoebe Sorgen (2)

Derelict Water Craft
19. Ron Aragon – Referred to the City Manager by Councilmember Maio.

Berkeley Iceland
20. Wilson Wendt

Child Endangerment
21. Samuel Shafer - Referred to the City Manager by Councilmember Maio.

Anti-Sitting Ordinance
22. Housing Advisory Commission
23. Joey Freeman, on behalf of the Senate of the Associated Students of UC

Public Safety Radio Interoperability
24. Disaster and Fire Safety Commission

BART Plaza Issues
25. Alberto Malvestio - Referred to the City Manager by Councilmembers Arreguin and Maio.


Supplemental Communications and Reports 1

Item 1: Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code
26. Judith Epstein

Item 32: West Berkeley Project: Master Use Permit
27. Edward Moore
28. Cathy Duenas
29. Cathleen Quandt
30. Janice Schroeder, on behalf of the West Berkeley Alliance for Clean Air and Safe Jobs
31. Avery Beer
32. Jeremy Anson
33. Lynne Clenfield and Ellen Pasternack

Item 37: Affordable Housing Mitigation Fee: Scheduling Public Hearing and Preparing Resolution for Adoption
34. Andy Kreamer
35. Estelle Jelinek
36. Pablo Paredes
37. Lisa Bullwinkel
38. Eladio Estrada
39. Marianne Robinson
40. Phoebe Sorgen
41. Katherine Oberle
42. Heather Love
43. Tom Graly
44. Judy Shattuck (2)
45. Bill Ravdin
46. Jenifer Steele
47. Vincent Casalaina
48. Selma Rockett
49. Norma Harrison
50. Roxana Hart
51. Fred Dodsworth
52. Jack Sawyer
53. Joshua Pfeffer
54. Jeanette Bokhour
55. Maris Arnold
56. Patricia Juarez
57. Diana Bohn
58. Susan Quinlan
59. John Iversen
60. Arlene Merryman
61. Michael Diehl
62. Jack Cohen
63. Reza Rezvani
64. Stephen Wollmer
65. Judy Ann Alberti


Supplemental Communications and Reports 2

Item 3: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into "Protected Space" Under Certain Conditions

Item 27: Amendments to Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12
66. Stephen Wollmer, on behalf of the Fair Campaign Practices Commission

Item 28: Update on Status of, and Possible Action on, Negotiations with SEIU Local 1021 Community Services and Part Time Recreation Leaders Chapter; PEU-Local One; Berkeley Police Association; and IBEW Local 1245-A.F.L.-C.I.O.

Item 32: West Berkeley Project: Master Use Permit

67. Penny Werner
68. Mary Law
69. Julie Dickinson and Martha Nicoloff
70. Patrick Sheahan (2)

Item 37: Affordable Housing Mitigation Fee: Scheduling Public Hearing and Preparing Resolution for Adoption
71. Elizabeth Ellison
72. Katherine Harr
73. Andy Kelley and Rebecca Saltzman