311 City Services
  • Online Services
  • For City services in many
  • languages, call
  • 311 or 510-981-2489

Translation Disclaimer

Quick Links


General Information
General Information


Special Meeting Annotated Agenda
May 22, 2012



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.


  • 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.

Tuesday, May 22, 2012
8:00 P.M.
Council Chambers – 2134 Martin Luther King Jr. Way
Tom Bates, Mayor

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: 8:01 p.m.  All present.

Action Calendar:

1. West Berkeley Project – Master Use Permit Process (Continued from May 15, 2012) (PDF)
From: City Manager
1.   Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments and adopting CEQA findings and the Mitigation Monitoring Program;
2.   Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan; and
3.   Adopt the first reading of the Ordinance to repeal and reenact BMC Chapter 23B.36 Master Use Permits.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: M/S/C (Maio/Moore) to accept supplemental material from Councilmember Capitelli.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – Anderson, Arreguin.

Action: 43 speakers.  M/S/C (Capitelli/Moore) to direct staff to amend the proposed MUP ordinance and Mitigation Monitoring Program to include the following conditions and submit the ordinance for a first reading at a Public Hearing on June 12, 2012:

  1. Regarding residential and MULI uses in underlying MUR zoning within an MUP;

a. Buildings to be set back 5' from frontages abutting an MUR zone.
b. Building height to be a maximum of 35' at frontage stepping back in a 30 degree plane from horizontal to a maximum height of 45'.
c.   No density bonus may be granted in the stepback area. Any density bonus must step back in the same 30 degree plane above 45’.  Findings will be developed to allow for potential exceptions.

  1. Regarding height limits in underlying CW zoned land within an MUP, the same height and massing standards shall apply as apply to CW parcels in general (50’ height limit and density standard).
  2. Residential density in the MUR shall be the same as applies to CW with height per #1 above.
  3. Uses allowed in MULI zoning shall be allowed in MUR portions of an MUP except for the following:

a. Construction products manufacturing
b. Pharmaceutical manufacturing
c. Testing and commercial biological research laboratories
d. Commercial excavation

  1. R & D use in the MUR district that does not require lab or other non office space and that is conducted in an office type environment using computers and digital equipment does not require a public hearing. Any other R & D use in the MUR shall require a Use Permit with a public hearing.
  2. Regarding development standards in MUP’s

a. maximum lot coverage 75%
b. aggregation of contiguous property may not exceed 20%. Findings will be developed to allow for potential exceptions.
c. average height 50’; maximum height 75’; maximum FAR of 3; above grade parking structures count as lot coverage
d. Proposals must prevent substantial detriment to view corridors; prevent looming structures over adjacent residences and public spaces; provide articulation and interesting architecture, including varied heights of buildings; minimize shadowing (solar access) and ensuring limited obstruction of rooftop solar installations by reducing the shadowing standards in the EIR to two hours for two months; provide adequate light and air to adjacent properties; provide aesthetic landscaping and habitat improvements including requirements for a buffer zone with habitat-friendly landscaping.
e. Additional height may be granted for Industrial infrastructure if the applicant can demonstrate absolute necessity for such similar to the variance process. In no case shall height exceed 100’.
f. Minimum 10% public open space not including surface parking.
g. Mechanical penthouses should be oriented east/west and screened.

  1. Regarding developments abutting Aquatic Park

a. Buildings shall be setback an average of 100’ from water’s edge. Findings will be developed to allow for potential exceptions.  Staff to provide further analysis of desired setbacks from Aquatic Park for avian impacts.
b. Building height at setback shall be no greater than 45’ stepping back in a 45 degree plane (1:1) to a maximum height of 75’.
c. Maximum height of 75’. Prevent looming structures over public spaces.
d. The project shall not unreasonably create shadows upon; degrade the existing visual quality or character of; nor degrade pedestrian or bicycle access to Aquatic Park.
e.   The community benefits for projects that abut Aquatic Park should be dedicated specifically to park improvements and mitigations.

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


Recess: 10:10 p.m. – 10:22 p.m.

2. a. Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012 (Continued from May 15, 2012)
From: Police Review Commission
Recommendation: Approve the BPD's 2012 Mutual Aid Pacts, including modifications to the following: 1) Northern California Regional Intelligence Center (NCRIC); and 2) Urban Area Security Initiative (UASI) Agreements; and 3) General Orders J-1 - Jail Policy; and 4) C-1 - Criminal Intelligence; 5) M-2 - Mutual Aid Policy; and 6) UCPD Agreement.
Financial Implications: Unknown
Contact: Lillian Mayers, Commission Secretary, 981-4950

b. Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (Continued from May 15, 2012) (PDF)
From: City Manager
1.   Direct the City Manager to prepare policies for the Berkeley Police Department to implement the following Mutual Aid Memoranda of Understanding (MOU) as set forth in this report, and return with the complete package of 2012 Mutual Aid MOU’s for approval in September 2012:

a.   Northern California Regional Intelligence Center (NCRIC)
b.   Department of Homeland Security, Urban Area Security Initiative (UASI)
c.   University of California Berkeley Police Department.

2.   Adopt a Resolution amending Resolution No. 63,711 stating that the City of Berkeley will not comply with ICE civil immigration detainers, except as to dangerous persons who will be held for no more than 48 hours (excluding Saturdays, Sundays and court holidays) pursuant to an ICE detainer. 

3.   Direct the City Manager to modify the following Berkeley Police Department General Orders as described in this report: Jail Operations and Mutual Aid Policy.
Financial Implications: Staff time
Contact: Michael Meehan, Police, 981-5900
Action: M/S/C (Moore/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates; Noes – Wengraf, Wozniak.

Action: 48 speakers.  Item held over to June 19, 2012 Special Worksession at 5:00 p.m. and June 19, 2012 Special Meeting at 7:00 p.m.

3. Redistricting Charter Amendment Ballot Measure (Continued from May 15, 2012) (PDF)
From: City Manager
Recommendation: Discuss the attached draft ballot measure concerning redistricting and provide staff direction.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Held over to May 29, 2012.


Adjourned at 11:30 p.m. in memory of Celina Mary Suane Rose.

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903