Regular Meeting Annotated Agenda
September 27, 2011

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 27, 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: 7:08 p.m.  All present.

Ceremonial Matters:

  1. In Honor of Ben Stern on his 90th Birthday
  2. Indigenous Peoples Day
  3. In Honor of Shotgun Players
  4. In Recognition of the Women’s Therapy Center

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only:.0

Consent Calendar

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

Consent Calendar – Continued Business

A. Amendments to the Trees and Shrubs Ordinance, Berkeley Municipal Code Chapter 12.44 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,206–N.S. amending Berkeley Municipal Code Chapter 12.44 Trees and Shrubs Ordinance.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,206–N.S.

B. Voluntary Redevelopment Opt-In Program (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,207–N.S. to elect and implement participation by the City of Berkeley and the Redevelopment Agency of the City of Berkeley in the Alternative Voluntary Redevelopment Opt-In Program.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,207–N.S.


Consent Calendar

1. Enhancement of Recording Council Annotated Agendas and Minutes (PDF)
From: City Manager
Recommendation: Adopt a Resolution revising the recording of the Council Annotated Agendas and Minutes to include all final actions.
Financial Implications: Minimal staff time
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No.  65,462–N.S.
 
2. Establish 2012 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2012, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 65,463–N.S.

3. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $3,271,178
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

4. Increase the Maximum Household Very Low-Income Level from $35,700 to $36,950 to Qualify for City Tax and Fee Refunds, Animal License Fee Waiver, and Community Service Eligibility (PDF)
From: City Manager
Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $36,950 effective July 1, 2011, and rescinding Resolution No. 64,553-N.S.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,464–N.S.

5. Agency Transfer Payment Agreement with the Redevelopment Agency (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the execution of the Agency Transfer Payment Agreement with the Redevelopment Agency of the City of Berkeley.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,465–N.S.

6. Contract: IPS Group, Inc. for Credit-Card Enabled Parking Meters and Data Management System (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a 3-year contract with IPS Group, Inc. to provide parking meter parts and meter management software effective October 1, 2011 through June 30, 2014 for an amount not to exceed $1,614,805; with an option to extend the contract for an additional 1-year period through June 30, 2015 for an amount not to exceed $230,000 and a total contract amount not to exceed $1,844,805 for the period October 1, 2011 through June 30, 2015.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,466–N.S.

Council Consent Items

7. Re-Appointment of Katherine Gale to the Berkeley Housing Authority Board of Commissioners (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution approving the re-appointment of Katherine Gale to the Berkeley Housing Authority (BHA) Board of Commissioners.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,467–N.S.
 
8. Auto Dealers on South Shattuck (PDF)
From: Mayor Bates and Councilmember Anderson
Recommendation: Refer to the Planning Commission a Zoning Ordinance amendment to allow automobile dealers to become a legal conforming use on South Shattuck Ave, including the ability to lease or purchase additional property if necessary. 
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.

9. Proclamation Recognizing the 100th Anniversary of Women’s Vote in California (PDF)
From: Councilmembers Maio, Wengraf and Capitelli
Recommendation:
1.   Approve the attached proclamation honoring both the 100th anniversary of California women obtaining the right to vote, and the 100th anniversary of the founding of the League of Women Voters of Berkeley, Albany, Emeryville (LWVBAE);

2.   The Mayor of Berkeley present the proclamation to representatives from the LWVBAE at the Council’s regular meeting of October 11, 2011;

3.   Adopt a Resolution cosponsoring the October 2011 “Berkeley Women Vote” events as listed on the attached flyer.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Approved and presented proclamation; Adopted Resolution No. 65,468–N.S.

10. Options Recovery Services: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $324 per Councilmember, including $324 from Councilmember Arreguín, to Options Recovery Services for its Ride for Recovery fundraiser with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $324
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,469–N.S.

11. Proclamation in Honor of the 20th Anniversary of the Berkeley Video and Film Festival (PDF)
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a proclamation in honor of the East Bay Media Center’s Berkeley Video and Film Festival on the occasion of its 20th anniversary and honoring the East Bay Media Center for its years of work in organizing the festival and for its many contributions to the Berkeley community.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved proclamation.

12. Sign On to United Farm Workers Petition to End Secure Communities Program (PDF)
From: Councilmembers Arreguin and Worthington
Recommendation: Sign on to the United Farm Workers petition to end the federal Secure Communities Program. Petition language reads as follows:
“Your decision to force all localities to enroll in Secure Communities (S-Comm) is anti-democratic, and will further devastate our communities by placing innocent immigrants in deportation and breaking trust between police and immigrants. We demand that you terminate the S-Comm program immediately!”
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes - Wozniak.

13. Friends of the Fountain and Walk: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation:  Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember including $200 each from Councilmembers Capitelli and Wengraf to the Friends of the Fountain and Walk with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Capitelli and Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Fund - $200
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Adopted Resolution No.65,470–N.S.

14. Decline to Sign Hotline: 1-877-440-9585 to Prevent Deceptive Anti-Union Ballot Petition (PDF)
From: Councilmembers Worthington and Anderson
Recommendation:
1.   Support the Decline to Sign hotline (1-877-440-9585) to prevent the deceptively-named ‘Stop Special Interests Act’ ballot petition being circulated under pretenses of ‘fighting special interests’, which in fact takes away the right to make voluntary paycheck deduction contributions to union political action funds, and

2.   Encourage the people of Berkeley to actively oppose this falsely-portrayed ballot petition by calling the toll-free number to report petition gatherers who try to obtain signatures by deceptively talking about ‘special interests’ in politics.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Worthington, Bates; Abstain - Capitelli, Wengraf, Wozniak.

15. Stand in Solidarity with Verizon Workers (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to Verizon Wireless President and CEO Lowell McAdam, expressing that the City of Berkeley stands in solidarity with Verizon workers, the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) as they negotiate contracts with Verizon Wireless.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain - Wozniak.

16. Support the BlueGreen Alliance JOBS21! Blueprint to Solve the Job Crisis (PDF)
From: Councilmember Worthington
Recommendation: Support the BlueGreen Alliance JOBS21! Blueprint for expanding the number and quality of jobs in the clean energy economy.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – None; Abstain - Capitelli, Wengraf, Wozniak.

17. Support Proclamation for National Coming Out Day October 11, 2011 (PDF)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation: Support a proclamation for National Coming Out Day on October 11, 2011.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

Action Calendar – Public Hearing

1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopting CEQA findings and the Mitigation Monitoring Program;

2.   Adopt a Resolution adopting amendments to the General Plan text and map to implement the Southside Plan;

3.   Adopt a Resolution adopting the Southside Plan; 

4.   Adopt first reading of an Ordinance amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.48 (R-S);  

5.   Adopt first reading of an Ordinance amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.52 (R-SMU); 

6.   Adopt first reading of an Ordinance amending the Berkeley Municipal Code, and Zoning Ordinance (BMC Chapter 23) by amending the existing requirements for the Telegraph Commercial District (C-T, 23E.56) and Multiple Family Residential (R-3, 23D.36), and by making technical changes to BMC 14.72.080, 23A.04.030, 23A.16.020, Sub-Title 23D, 23D.12.020, 23D.12.090, 23D.40.030, 23D.40.050, 23E.08.020, 23E.28.130, 23E.32.020, 23E.96.070, and 23F.04.010; and

7.   Adopt first reading of an Ordinance amending the Zoning Map by rezoning subareas R-4 and C-1 within the Southside Area to either R-3, R-S, R-SMU, or C-SA.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 19 speakers.  M/S/C (Maio/Worthington) to close the public hearing.  Adopted by unanimous consent

Action: M/S/C (Worthington/Arreguin) to accept supplemental material from staff and Councilmembers for consideration. Adopted by unanimous consent. 

Action: M/S/C (Maio/Worthington) to adopt the following:

1.   Resolution No. 65,471–N.S. certifying the Environmental Impact Report (EIR) and adopting the CEQA findings and the Mitigation Monitoring Program;

2.   Resolution No. 65,472 –N.S. adopting amendments to the General Plan text and map to implement the Southside Plan;

3.   Resolution No. 65,473–N.S. adopting the Southside Plan with the following revisions;

  • Policy LU-A2: Housing and mixed use projects with housing for students, should be the University of California’s highest priority for the use of University-owned opportunity sites in the Southside except those with frontage on Bancroft.
  • Policy LU-A2 C. City of Berkeley supports the UC policy ending the Parking Replacement Fee. Consistent with previously adopted Resolution 60,220, Berkeley calls on the UC Chancellor to revise the successor Capital Renewal Fee to provide a blanket exemption for student housing.
  • Policy LU-F5 A.Support development of student housing on University-owned and other surface parking lots.

4.   First reading of Ordinance No. 7,208–N.S. amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.48 (R-S); Second reading scheduled for October 25, 2011;

5.   First reading of Ordinance No. 7,209–N.S. amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.52 (R-SMU); Second reading scheduled for October 25, 2011;

6.   First reading of Ordinance No. 7,210–N.S. amending the Berkeley Municipal Code, and Zoning Ordinance (BMC Chapter 23) by amending the existing requirements for the Telegraph Commercial District (C-T, 23E.56) and Multiple Family Residential (R-3, 23D.36), and by making technical changes to BMC 14.72.080, 23A.04.030, 23A.16.020, Sub-Title 23D, 23D.12.020, 23D.12.090, 23D.40.030, 23D.40.050, 23E.08.020, 23E.28.130, 23E.32.020, 23E.96.070, and 23F.04.010; Second reading scheduled for October 25, 2011;

7.   First reading of Ordinance No. 7,211–N.S. amending the Zoning Map by rezoning subareas R-4 and C-1 within the Southside Area to either R-3, R-S, R-SMU, or C-SA; Second reading scheduled for October 25, 2011.

Refer the following to the Planning Commission:

AFFORDABLE HOUSING

 

·         Amend Policy LU-A1 (page 54 of draft Plan) to add the following policy:

Provide an additional height bonus in the R-S, R-SMU and C-T Districts in the form of an extra story for housing projects that provide 10% of the units affordable to households making 50% or less of the Area Median Income.

Projects would still be eligible for a Density Bonus under Government Code Section 65915, which would result in an residential floor space depending on the number of affordable units provided and their level of affordability. In other sub areas, explore the creation of incentives to encourage the provision of affordable units, such as increased lot coverage or reduced parking requirements.

 

ZONING AMENDMENTS

Add to the proposed Zoning Ordinance amendments an affordable housing bonus in the R-S, R-SMU and C-T Districts, modeled after the standards recommended in the 2001 and 2003 draft Southside Plan.

 

  • Amend Proposed BMC Section 23D.48.070 (R-S Development Standards) on Page 180 of packet as follows:

 

C. The height for a Main Building shall satisfy the following requirements:

 

1.     The maximum height shall be three stories and 35 feet, except as otherwise provided in paragraph 2 below.

 

2.     The Board may approve a Use Permit to increase a project’s height to a maximum height of four stories and 45 feet if it makes both of the following findings are made by the Board:

a.     At least 50% of the total building floor areas is designated for residential use.

b.    At least 10% of the housing units are affordable to households earning up to 50% of the Area Median Income (AMI).

c.     The project meets the purposes of the District.

 

  •  Amend Proposed BMC Section 23D.52.070 (R-SMU Development Standards) on Pages 193 and 194 as follows:

 

C. The height for a Main Building shall satisfy the following requirements:

 

1.     The maximum height shall be four stories and 60 feet, except as otherwise provided in paragraphs 2 and 3 below.

  2.     Within the portions of the District located east of Telegraph Avenue and/or more than 130 feet south of Bancroft Way, the Board may approve a Use Permit to increase a project’s maximum height to five stories and 65 feet if it makes both all of the following findings:

a.     At least 50% of the total building floor area is designated for residential use; and

b.    At least 10% of the housing units are affordable to households earning up to 50% of the Area Median Income (AMI).

c.     The project meets the purposes of the District.

 

3.     Within the portion of the District located west of Telegraph Avenue and within 130 feet from Bancroft Way, the Zoning Board may approve a Use Permit to increase a project’s maximum height to five stories and 75 feet if it makes both all of the following findings:

a.     At least 50% of the total building floor area is designated for residential use; and

b.    At least 10% of the housing units are affordable to households earning up to 50% of the Area Median Income (AMI).

c.     The project meets the purposes of the District.

 

v  Amend BMC Section 23E.56.070 (C-T District Development Standards) on Page 234 of the packet to read as follows:

 

A.    The height for a Main Building shall not exceed the following limits and shall satisfy the following requirements: The height of a Main Building shall satisfy the following requirements:

 

1.     The minimum height shall be three stories and 35 feet.

 

2.     The maximum height shall be four stories and 50 feet.

3.     The Zoning Board may approve a Use Permit to increase a project’s maximum height to five stories and 65 feet if it makes both all of the following findings:

a.     At least 50% of the total building floor area is designated for residential use; and

b.    At least 10% of the housing units are affordable to households earning up to 50% of the Area Median Income (AMI); and

c.     The project will not result in a significant reduction in sunlight on Telegraph Avenue sidewalks.

4. The maximum height of the Telegraph/Channing garage shall be seven stories and 85 feet.

 

ZONING MAP CHANGES

  •   Amend the revised Zoning map (Exhibit A, Attachment 7, page 244) to downzone the all parcels south of Dwight Way, which do not confront Dwight in the area bounded by Shattuck-Dwight-Telegraph-Blake as R-2A (as illustrated in the attached map). Also see attached summary of differences between R-2A and R-3 zoning.

 

  •   Amend the Resolution adopting the Southside Plan on pages 169 to reflect rezoning to R-2A

 

  •   Amend Ordinance amending the Zoning map on page 227 to reflect rezoning to R-2A

 

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

Recess: 8:56 p.m. – 9:11 p.m.


 Action Calendar - Continued Business

C. City Employees/INterns at City Council Public Comment (Continued from September 20, 2011) (PDF)
From: Councilmember Capitelli
Recommendation: Incorporate into the “Guidelines for Public Comment and Council Meeting Order” a recommendation that employees and interns of the City of Berkeley are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Include the request in “Preliminary Matters” preceding the City Council agendas.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: M/S/C (Capitelli/Wengraf) to approve Councilmember Capitelli’s revised recommendation to incorporate into the “Guidelines for Public Comment and Council Meeting Order” a recommendation that employees and interns of the City of Berkeley , although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Include the request in “Preliminary Matters” preceding the City Council agendas.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates.  Noes - Arreguin, Worthington; Abstain - Anderson.

D. Opting OUt of Phone Book Delivery (Continued from September 20, 2011) (PDF)
From: Councilmembers Capitelli, Wozniak and Worthington
Recommendation: Request that the City Manager refer to Alameda County StopWaste.org the Seattle phone book opt-out ordinance to consider development of a model ordinance for jurisdictions within the county.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action: M/S/C (Capitelli/Worthington) to accept supplemental material for consideration. Adopted by unanimous consent. 

Action: 1 speaker. M/S/C (Capitelli/Worthington) to approve Councilmembers Capitelli Wozniak and Worthington’s revised recommendation to:

a.      Because the deadline is coming up soon for the printed directory distribution of Valley Yellow Pages, the City needs to promptly publicize the opt-out program by alerting people about the existing Berkeley voluntary opt-out program available at www.CatalogChoice.org

b.      Refer to City Manager and Information Technology, during the four to eight week period immediately preceding annual phonebook distribution, for the City to prominently post information regarding the opt-out program via the City’s homepage on its website.  Publicizing the DEADLINE for the two largest phone book distributions ( AT&T and Valley Yellow Pages) is a cost-effective use of the City web site.

c.      Include in the referral to StopWaste.Org the creation of an educational program to use emails, facebook, twitter and other social media and newspapers, radio and television to publicize any city or other program to encourage Phone Book & Junk mail opt out.

d.      Refer to StopWaste.Org , Ecology Center, and City Manager (Public Works) creation of a door-hanger to publicize existing Berkeley opt-out program.

e.      Include in the referral to StopWaste.org consideration of a Pilot Program to address City Mail Center operations to reduce unwanted junk mail coming to City offices.

f.      Rather than restricting the referral to Alameda County StopWaste.org to one particular program, expand it to include consideration of any  programs adopted by Seattle, Washington;  San Francisco, California or any other cities.

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

E. Supporting New Priorities Campaign to Reduce Military Spending (Continued from September 20, 2011) (PDF)
From: Councilmembers Worthington, Anderson, Arreguin and Maio
Recommendation: Adopt a Resolution supporting the New Priorities Campaign in their effort to end the wars in Iraq and Afghanistan and cut the military budget by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar.  Adopted Resolution No. 65,474–N.S. supporting the New Priorities Campaign in their effort to end the wars in Iraq and Afghanistan and cut the military budget by increasing pressure from local and state governments on Congress.

F. City Manager Referral: Consideration of Implementation of New DUI Policies (Continued from September 20, 2011) (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager consideration of the establishment of a DUI ordinance similar to one in Oakley, California where those convicted of a DUI must pay for all city expenses due to their DUI crime.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: M/S/C (Capitelli/Wengraf) to refer to the Peace and Justice Commission consideration of the establishment of a DUI ordinance similar to one in Oakley, California where those convicted of a DUI must pay for all city expenses due to their DUI crime.

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

G. City Manager Referral: Ordinance to Allow Civil Cause of Action to Limit Harassment (Continued from September 20, 2011) (PDF)
From: Councilmember Worthington
Recommendation: Refer to City Manager consideration of establishing an ordinance like LA's to limit harassment.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: 2 speakers.  M/S/C (Worthington/Arreguin) to approve Councilmember Worthington’s recommendation to refer to City Manager consideration of establishing an ordinance like LA's to limit harassment.

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


Action Calendar – New Business

1.   Rescind and reenact a first reading of the Relocation Ordinance (Chapter 13.84 of the Berkeley Municipal Code), and

2.   Adopt a Resolution authorizing dollar amounts for the following relocation payments referenced in Section 13.84.070 of the revised ordinance: 1) per diem payments of $120 for a single person household, $135 for a two-person household and $166 per day for a household of three or more persons; 2) dislocation allowance of $400; 3) fixed payment for moving costs of $300; 4) fixed payment for storage costs of $200; and 5) reimbursement for pet boarding costs up to a maximum of $50 per day for dogs and $20 per day for cats.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Action:  4 speakers.  M/S/C (Bates/Wengraf) continue the matter to October 11, 2011 and direct staff to return with default definitions of “household” and “pet” for tenants without a signed lease agreement. Clarify landlords remedies when undertaking voluntary code compliance and tenant refuses to vacate.

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


Information Reports

20. Affidavit of Residency Process (PDF)
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 1 speaker


Adjournment

Adjourned at 10:53 p.m.in honor of Dee Rossman.


Supplemental Communications and Reports 1 (PDF)

Item 8: Auto Dealers on South Shattuck
1.    Gordon Wozniak, District 8

Item 12: Sign On to United Farm Workers Petition to End Secure Communities Program
2.    Gordon Wozniak, District 8

Item 18: Southside Plan, Environmental Review, General Plan and Zoning Amendments
3.    Joan Barnett, on behalf of the Dwight/Hillside Neighborhood Association (2)
4.    Stephanie Altamirano
5.    Daniel Kronovet
6.    Elaina Marshalek
7.    Andrew Albright

Item F: City Manager Referral: Consideration of Implementation of New DUI Policies
8.    Gordon Wozniak, District 8

Item G: City Manager Referral: Ordinance to Allow Civil Cause of Action to Limit Harassment
9.    Gordon Wozniak, District 8

Item 19: Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code
10. Rent Stabilization Board
11. Sidhardha Lakireddy, on behalf of the Berkeley Property Owners Association
12. Gordon Wozniak, District 8


Supplemental Communications and Reports 2 (PDF)

Item 18: Southside Plan, Environmental Review, General Plan and Zoning Amendments

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

13. Jesse Arreguin, District 4
14. Kriss Worthington, District 7
15. Michael Ellison

Item D: Opting Out of Phone Book Delivery

16. Kriss Worthington, District 7

Item 19: Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code

  • Presentation, submitted by Housing Department (see agenda item)

Capital Renewal Fee/Parking Replacement Fee
17. Unknown

Employee Costs Analysis
18. Jacquelyn McCormick