General Information
General Information

Regular Meeting Annotated Agenda
January 31, 2012

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 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, January 31, 2012

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.  Councilmember Arreguin absent.  Councilmember Arreguin present at 7:05 p.m.

Ceremonial Matters: None

City Manager Comments: None

Public Comment on Non-Agenda Matters: 2 speakers.

Public Comment on Consent Calendar and Information Items Only: 14 speakers.

Consent Calendar

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

Action: M/S/C (Wozniak/Moore) to accept revised or supplemental material for Items 7, 11, 20, and 25.
Vote: All Ayes.

1. Proposed Amendments to Claim/Refund Ordinance, BMC Chapter 7.20 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,222–N.S. amending Berkeley Municipal Code Sections 7.20.030 and 7.20.040 to require full verification of refund claims and ensure that service providers may only claim refunds after providing them to customers, amending Section 7.20.090 to conform to state law, and repealing Sections 7.20.045, 7.20.047, 7.20.048, 7.20.070 and 7.20.080 as obsolete.
First Reading Vote: All Ayes
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,222–N.S.

2. Amending the Attendance Reporting Period for Commissions that Meet Quarterly, BMC Section 3.02.020 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,223–N.S. amending Berkeley Municipal Code Section 3.02.020 to change the attendance reporting period for commissions that meet quarterly.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Adopted second reading of Ordinance No. 7,223–N.S.

3. Extension of Moratorium on Charging for Parking at Meters on Adeline Street Between Woolsey Street and Alcatraz Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution that extends the moratorium on charging for parking at meters on Adeline Street between Woolsey Street and Alcatraz Avenue.
Financial Implications: Approximately $14,000
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,587–N.S.

4. 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: Department of Boating and Waterway Fund - $160,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

5. Amendment to Appropriations Limit for FY 2012 (PDF)
From: City Manager
Recommendation: Adopt an amendment to Resolution No. 65,342-N.S. to increase the appropriations limit to $190,338,719, from $177,513,623 for FY 2012 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,588–N.S.

6. Adopting the Operative Principles of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and Adding Chapter 13.20 to the Berkeley Municipal Code (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adding Chapter 13.20 to the Berkeley Municipal Code to adopt the operative principles of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
Financial Implications: None
Contact: Jane Micallef, Health Services, 981-7000
Action:  Amended to remove “almost one hundred nations” and replace with “one-hundred eighty seven nations.”  Adopted first reading of Ordinance No. 7,224–N.S.  Second reading scheduled for February 14, 2012.
 

From: City Manager
Recommendation: Adopt a Resolution authorizing the Interim City Manager to amend the existing Contract No. 7229 with Preferred Alliance, Inc., a Drug and Alcohol Testing Administrator, by increasing expenditure authority in an amount not to exceed $17,731 for a total contract amount of $85,997 through December 31, 2012.
Financial Implications: Various Funds - $17,731
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,589–N.S.

8. Contract No. 8485 Amendment: Fine Line Construction for Seismic Retrofit of the Facilities Maintenance Building (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8485 with Fine Line Construction (FLC) for additional services on the Facilities Maintenance Building (FMB) in an amount of $200,000 for a total revised contract of $4,340,000.
Financial Implications: Various Funds - $200,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,590–N.S.

9. Designation of February 2012 as National Teen Dating Violence Awareness and Prevention Month (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution designating February 2012 as National Teen Dating Violence Awareness and Prevention Month.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Adopted Resolution No. 65,591–N.S.

10. Recognizing the Sacrifice by Tibetans of Self-Immolation in Reaction to China's Extreme Repression of the Tibetan People and Nation (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution recognizing the Berkeley Tibetan-American community and the immeasurable sacrifice of those Tibetans protesting China's extreme repression of the Tibetan people and nation by self-immolation and urging the Obama administration to take such actions, including but not limited to calling on China to end its extreme security measures of Tibetan monasteries and adjacent communities.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Amended to remove the phrase “and nation” throughout the report and resolution. Adopted Resolution No. 65,592–N.S.

Council Consent Items

11. Referral to City Manager: Responsible Banking Policy (PDF)

Revised Agenda Material (PDF)

From: Councilmembers Moore and Arreguin and Wengraf
Recommendation: Request that the City Manager evaluate and report back to the City Council no later than May 1, 2012 regarding: 

1.   The fiscal and operational impacts of not renewing Contract No. 6547 with Wells Fargo Bank and contracting with an alternative bank, including but not limited to Community Banks, membership-based Credit Unions or Community Development Financial Institutions (CDFI) for city banking services. 

2.   Evaluate and present to the City Council information on alternatives to banking with Wells Fargo, including but not limited to Community Banks, membership-based Credit Unions or Community Development Financial Institutions (CDFI), and ensure that any new banking contract is with an entity that is that is capable of fully meeting the City’s banking needs.

3.   Review City banking and investment practices to ensure that public funds are invested in responsible financial institutions that support our community and recommend a city banking policy that gives preference to banks that support community reinvestment goals such as stabilizing the housing market, loans to local homeowners and businesses, the establishment of local branches in low income communities, and local employment opportunities.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: 4 speakers.  Moved to Action Calendar.  Added Councilmember Wengraf as a co-sponsor.  M/S/C (Moore/Anderson) to adopt the item and add a request to include a community investment fund and collect information on how large banks are working with homeowners on refinancing. Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

12. Tow Away Zones on MLK JR Way between Berkeley Way and Hearst Avenue (PDF)
From: Councilmember Arreguin
Recommendation: Request that the City Manager consider possible parking and traffic configurations on the MLK block between University and Hearst Avenues that eliminate the need for commute hour Tow Away Zones.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

13. Endorsing NAACP Coordinated Freedom Pledge for Voting Rights (PDF)
From: Councilmembers Worthington, Anderson and Moore
Recommendation: Adopt a Resolution endorsing the Freedom Pledge for Voting Rights to protect voting rights for millions of Americans across the United States.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,593–N.S.

14. Smoke-Free Housing in Berkeley (PDF)
From: Councilmembers Worthington and Anderson and Arreguin
Recommendation: Refer to the Community Health Commission and Rent Stabilization Board to analyze a potential Smoke-Free Housing Ordinance in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Added Councilmember Arreguin as a co-sponsor.  Approved recommendation.

15. 27th Anniversary Jewish Music Festival - March 22, 2012 as Berkeley Jewish Music and Heritage Day (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt a proclamation that March 22, 2012 is Berkeley Jewish Music and Heritage Day as the 27th Anniversary Jewish Music Festival.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.

16. Endorse the California Cancer Research Act (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Endorse the California Cancer Research Act on the June 2012 ballot.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

17. Support HR 3200: The Local Flexibility for Transit Assistance Act (PDF)
From: Councilmember Worthington
Recommendation: Send a letter in support of HR 3200 to Congresswoman Barbara Lee.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

18. City Sponsorship of the 11th Annual Perspectives Multicultural Showcase (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution officially sponsoring the 11th Annual Perspectives Multicultural Showcase.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,594–N.S.

19. Perspectives Multicultural Showcase: 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 $1000 per Councilmember to the Perspectives Multicultural Showcase 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 - $1000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted Resolution No. 65,595–N.S. amended to include Councilmember Arreguin’s contribution of $100 and Councilmember Anderson’s contribution of $200. 

20. Protect Consumers from Cell Phone Theft (PDF)

Revised Agenda Material (PDF)

From: Councilmembers Worthington and Wozniak
Recommendation: Send a letter to CTIA (The Wireless Association) to consider crosschecking the phone's serial number to block stolen phones.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

Action Calendar – Old Business

21. City of Berkeley Policy for Naming and Renaming Public Facilities (Continued from January 17, 2012) (PDF)
From: Mayor Bates and Councilmembers Maio and Worthington
Recommendation: Review the current proposed naming policy and background materials, comment, and adopt a formal policy for the naming and renaming of public facilities.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: Moved to Consent Calendar.  Amended to add the Board of Library Trustees under Section 1 and referred the newly adopted policy to the Board of Library Trustees for consideration. 

22.   Expenditure of Measure GG Tax Revenue (Continued from January 17, 2012)

a. From: Disaster and Fire Safety Commission (PDF)
Recommendation:
Task the City Manager, acting through the City's Budget and Fire Departments, to develop a budget for the expenditure of all funds collected under the tax authorized by Berkeley ballot Measure GG. To the extent that funds are to be reserved for unexpected contingencies, any reserves should be identified by the category of Municipal Code Sections 7.81.010 D 1. - 4. for which the funds are to be held in reserve and the nature of the contingencies justifying those reserves should be spelled out.
Financial Implications: None
Contact: Gil Dong, Commission Secretary, 981-3473

b. From: City Manager (PDF)

Supplemental Agenda Material (PDF)

Recommendation: Accept the budget and expenditure detail in the City Manager’s report in response to the Disaster and Fire Safety Commission's (DFSC) request for a projected budget, and update as necessary, for the expenditure of funds collected under the Fire Protection and Emergency Response and Preparedness tax (Measure GG) and for staff to return to Council in January 2013 as part of the Fiscal Year 2014-15 budget process to recommend how the FY 14 funds should be allocated.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
Action: M/S/C (Worthington/Maio) to accept supplemental material for Item 22.b.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None..

Action: 4 speakers. M/S/C (Worthington/Maio) to approve the following:

The City Manager’s recommendation to accept the budget and expenditure detail in the City Manager’s report in response to the Disaster and Fire Safety Commission's (DFSC) request for a projected budget, and update as necessary, for the expenditure of funds collected under the Fire Protection and Emergency Response and Preparedness tax (Measure GG) and for staff to return to Council in January 2013 as part of the Fiscal Year 2014-15 budget process to recommend how the FY 14 funds should be allocated.  Staff is also directed to provide an interim expenditure report on May 1, 2012 and provide regular reports of Measure GG expenditures in the future.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action Calendar – New Business

23. Legislation Related to "Mini-dorms" and Amending the Berkeley Municipal Code (PDF)
From: City Manager
Recommendation: 
1.   Adopt first reading of an Ordinance amending Berkeley Municipal Code section 14.72.080.C limiting participation in residential preferential parking program for residents of new group living accommodations or, in the R-2 and R-2A zoning districts, for residents of dwelling units with more than 5 bedrooms to which bedrooms are added after January 1, 2012;

2.   Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.48 to extend the second response period for loud and unruly gatherings from 120 days to 180 days;

3.   Adopt first reading of an Ordinance enacting a new Chapter 13.42 to the Berkeley Municipal Code defining and establishing operating standards for “Mini-dorms”; and

4.   Review and comment on proposed amendments to the Zoning Ordinance that would grant the City discretionary authority over addition of bedrooms to dwelling units that already have five or more bedrooms, in the R-2 and R-2A districts.
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
Action:  19 speakers. M/S/C (Arreguin/Wozniak) to adopt the following:

1.   First reading of Ordinance No. 7,225–N.S. amending Berkeley Municipal Code section 14.72.080.C limiting participation in residential preferential parking program for residents of new group living accommodations or, in the R-2 and R-2A zoning districts, for residents of dwelling units with more than 5 bedrooms to which bedrooms are added after January 1, 2012.  Second reading scheduled for February 14, 2012.

3.   First reading of Ordinance No. 7,226–N.S. enacting a new Chapter 13.42 to the Berkeley Municipal Code defining and establishing operating standards for “Mini-dorms”.  Second reading scheduled for February 14, 2012.

Section 13.42.020.A. is amended to read:

“A. “Mini-dorm” means any building in a R-2 or R-2A Zoning District in which any Dwelling Unit in the building contains more than five Bedrooms and the Gross Floor Area of that Dwelling Unit devoted to Bedrooms is more than 60% of the total Gross Floor Area. For purposes of this subdivision, the Gross Floor Area of any room, closet or other ancillary space that can be entered only through a Bedroom shall be considered part of the Gross Floor Area of that Bedroom. Permitted and Legal non-conforming Sororities, Fraternities, and Student Co-ops shall not be considered Mini-Dorms, as long as they have a resident manager.”
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action:  M/S/C (Wengraf/Maio) to direct staff to analyze the feasibility of applying the operational standards of Mini-Dorms to the R-1 zoning.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action:  M/S/C (Worthington/Arreguin) to table Recommendation #2 for at least 60, but no more than 90 days and refer the item to the Agenda Committee for scheduling.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

24. 2133 Parker Street - Determination re: Public Nuisance (PDF)
From: City Manager
Recommendation: 

1.   Adopt a Resolution declaring 2133 Parker Street a public nuisance and specifying remedies;  OR

2.   Adopt a Resolution determining that Parker Street is not a public nuisance, and taking no further action.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: 12 speakers. M/S/C (Anderson/Arreguin) to adopt Resolution No. 65,596–N.S., as amended, declaring 2133 Parker Street a public nuisance and specifying remedy Option One under 3.a. as the sole remedy. 

      Amendment 1 – Delete the eighth paragraph under 2.a.

      Amendment 2 – The Second Response Report and the Public Nuisance Notice (page 297 and 298) shall be included as exhibits to Resolution No. 65,595-N.S. 

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

Action Calendar – Council Items

25. Adopt Expanded Single Use Plastic Bag Ban/Paper Bag Fee Ordinance (PDF)

Revised Agenda Material (PDF)

From: Councilmember Worthington and Arreguin and Anderson
Recommendation: Adopt an Environmentally Preferable City Single Use Plastic Bag Ban/Paper Bag Fee Ordinance, based on the Stopwaste.org EIR.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Added Councilmembers Arreguin and Anderson as co-sponsors.  

Information Reports

26. Fiscal Year 2011 Year End Review (PDF)
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action:  Received and filed.

27. Status of Audit Recommendations-1) Over $38,000 in Duplicate & Over Payments Recovered; 2) Lack of Support for Payroll Adjusting Journal Entries; and 3) Public Works Grants Audit (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

28. Strategy for Discouraging the Poaching of Recyclables - Update (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers

Adjournment in Memory of:

  • George Livingston, former mayor of the City of Richmond, California
  • Jennifer Love Pope

Adjourned at 10:49 p.m.

Communications

Pension Concerns
1.    Paola Laverde

Safeway on College Avenue
2.    John Chalik

Bicyclists & Pedestrian Safety Issues
3.    Anne Whyte

Supplemental Communications and Reports 1

Item 11: Referral to City Manager: Responsible Banking Policy
4.    Rent Stabilization Board

Item 14: Smoke-Free Housing in Berkeley
5.    Carol Denney
6.    Phoebe Sorgen

Item 22: Expenditure of Measure GG Tax Revenue
7.    Disaster and Fire Safety Commission

Item 23: Legislation Related to "Mini-dorms" and Amending the Berkeley Municipal Code
8.    Alfred Twu
9.    Jonathan Schwindt
10. Andy Pham
11. Nicholas Hutter
12. Robert Heck
13. Ariel Sagalovsky
14. Bryan Moore
15. rlshepperd@***.edu
16. Samuel Blaustein
17. Kevin Kim
18. Tanner Kaptanoglu

Item 24: 2133 Parker Street - Determination re: Public Nuisance
19. Rent Stabilization Board
20. Aaron Ehrlich, Katzoff & Riggs LLP

Item 26: Fiscal Year 2011 Year End Review
21. Barbara Gilbert

Supplemental Communications and Reports 2

Item 6: Adopting the Operative Principles of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and Adding Chapter 13.20 to the Berkeley Municipal Code
22. Unknown (4)

Item 7: Contract No. 7229 Amendment:  Preferred Alliance, Inc. for Drug and Alcohol Testing Services

  • Revised materials, submitted by Human Resources (see agenda item)

Item 11: Referral to City Manager: Responsible Banking Policy

  • Revised materials, submitted by Councilmembers Moore, Arreguin and Anderson (see agenda item)

23. Micky Randhawa, Wells Fargo Bank
24. Unknown

Item 19: Perspectives Multicultural Showcase: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
25. Unknown

Item 20: Protect Consumers from Cell Phone Theft

  • Revised materials, submitted by Councilmember Worthington and Wozniak (see agenda item)

Item 22: Expenditure of Measure GG Tax Revenue

  • Supplemental materials, submitted by City Manager (see agenda item)

Item 23: Legislation Related to "Mini-dorms" and Amending the Berkeley Municipal Code
26. Avi Shah
27. Ryan Couto

Item 24: 2133 Parker Street - Determination re: Public Nuisance
28. Aaron Ehrlich, Katzoff & Riggs LLP

Item 25: Adopt Expanded Single Use Plastic Bag Ban/Paper Bag Fee Ordinance

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

Item 26: Fiscal Year 2011 Year End Review
29. Carl Friberg

Envelope of Squash Seeds
30. Unknown

 

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