General Information
General Information

Regular Meeting Annotated Agenda
February 14, 2012

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 14, 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: 7:10 p.m.  All present.

Ceremonial Matters: 

  1. Black Maternal and Infant Health Week
  2. American Heart Month
  3. Jeanne-Marc Day

City Manager Comments: None

Announcements:

  1. The Annual Black History Month Event will be held at the South Berkeley Senior Center on February 18 from 3pm – 6pm.
  2. 54th Anniversary of the Peace Symbol, Redwood Gardens, February 19 from 2pm – 5pm.

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/Worthington) to adopt Consent Calendar in one motion except as indicated:

1. 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 second reading of Ordinance No. 7,224–N.S. 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.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Jane Micallef, Health Services, 981-7000
Action: Adopted second reading of Ordinance No. 7,224–N.S.

2. Legislation Related to "Mini-dorms" and Amending the Berkeley Municipal Code (PDF)
From: City Manager
Recommendation: 
1.   Adopt second 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.

2.   Adopt second 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”.
First Reading Vote: All Ayes
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance Nos. 7,225–N.S. and 7,226–N.S. and referred an amendment on the Residential Preferential Parking ordinance to the City Manager.

3. Organizational Changes to the Health, Housing and Community Services Department, Repealing and Reenacting BMC Chapter 2.50 and Repealing Chapter 2.62 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 2.50 and repealing Chapter 2.62 to reflect organizational changes to the Health, Housing and Community Services Department.
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000
Action: Adopted first reading of Ordinance No. 7,227–N.S.  Second reading scheduled for February 28, 2012.

4. Classification: Director and Deputy Director of Health, Housing and Community Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution establishing the Director of Health, Housing and Community Services, and Deputy Director of Health, Housing and Community Services effective February 19, 2012; abolishing the classifications of Director of Health Services, Deputy Director of Health Services, and Director of Housing and Community Services; and amending Resolution No. 65,376-N.S.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,597-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 - $2,278,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

6. Contract: Berkeley Unified School District for "Building Effective Schools Together" (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the Berkeley Unified School District for the "Building Effective Schools Together" (BEST) program in an amount not to exceed $55,000 for the period of February 15, 2012 through June 30, 2012.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-5100
Action:  Adopted Resolution No. 65,598-N.S. 

7. Ed Roberts Campus Section 108 Loan Amendment (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 
1.   Amend the City's Section 108 Loan for the Ed Roberts Campus (ERC) to reflect any changes in the Section 108 loan terms resulting from a new loan from Northern California Community Loan Fund; and

2.   Negotiate and execute all required documents with Northern California Community Loan Fund (NCCLF) and ERC related to the newly structured NCCLF loan, conditioned upon terms which protect future CDBG and City general funds.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,599-N.S.

8. Contract No. 7886B Amendment - Correction: Ratcliff Architects for Facilities Maintenance Building Additional Architectural Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment correcting the amount of Contract No. 7886B with the Ratcliff Architects by $20,000 for a revised total contract amount not to exceed $848,000.
Financial Implications: Sanitary Sewer Operation Fund - $20,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,600-N.S.

9. Contract No. 8628B Amendment: Columbia Electric, Inc. for Electrical Conduit Installation Service and Repair (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8628B with Columbia Electric, Inc., increasing the contract by $50,000 for a new total not-to-exceed amount of $100,000 and extending the term for an additional 2 years to June 30, 2015.
Financial Implications: Street Light Fund - $50,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,601-N.S.  

10. Contract: Steer Davies Gleave for Consulting Services for the Berkeley Transportation Action Plan (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the consulting firm Steer Davies Gleave for Marketing, Public Relations, and Employer-Based Parking and Transportation Demand Management Outreach, for an amount not to exceed $145,000 for the period February 1, 2012 through June 30, 2015.
Financial Implications: Metropolitan Transportation Commission - $145,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,602–N.S.

Council Consent Items

11.   **Removed from Agenda by Councilmember**Amend the Constitution to End Corporate Personhood
From: Councilmember Arreguin
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

12. Referral: Feasibility of Expanded Plastic Recycling in Berkeley (PDF)
From: Councilmembers Wozniak, Wengraf and Mayor Bates
Recommendation: Refer to the Zero Waste Commission (ZWC) to investigate the feasibility of expanding the types of plastics that the City collects and recycles, and report findings and recommendations back to the City Council.
Financial Implications: None
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action: Item held over to February 28, 2012 to include revisions from Councilmember Wozniak.

Action Calendar – New Business

13. Report on Employee Safety and Workers' Compensation (PDF)
From: City Manager
Recommendation: Discuss report on Employee Safety and Workers' Compensation, and provide feedback to staff for future consideration.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action: 0 speakers.  Discussion held. Referred to the City Manager.

14. Response to Questions Regarding Mutual Aid Memoranda of Understanding (PDF)
From: City Manager
Recommendation: Approve the remaining Memoranda of Understanding that were not approved on November 8, 2011.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
Action: M/S/C (Capitelli/Arreguin) to accept supplemental material from Councilmember Arreguin.
Vote:  Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action: 35 speakers.  M/S/C (Capitelli/Wozniak) to approve agreements with the Northern California Regional Information Center, the Urban Area Security Initiative, and the University of California Police Department and to refer the bullet point information from supplemental recommendations 1 and 2 as well as items 4, 5, and 6 in their entirety to the City Manager and the Police Review Commission for consideration in the 2012 Mutual Aid Agreement review process.  City Manager to report back to Council by May 15, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington. 

Action Calendar – Council Items

15. City Manager Referral: City Policy on Not Ticketing People Who Show Up to Move Their Vehicle When Ticket is Being Written (PDF)
From: Councilmembers Worthington and Anderson
Recommendation:  Refer to the City Manager a City Policy on NOT ticketing people who show up to move their vehicle, while the ticket is in the process of being written.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item removed from agenda by Councilmember Worthington.

Information Reports

16. Landmarks Preservation Commission Notice of Decision: 1915 Addison Street - Structure of Merit Designation (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: Received and filed.

17. Status Report: Equipment Replacement Fund - Sustainability and Transparency (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

18. Status Report: Utilization of Public Works Sewer Staff Can Be Improved (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

19. Report on Regional Bodies Participation-Countywide Transportation Plan (PDF)
From: Councilmember Worthington
Contact:  Kriss Worthington, Councilmember, District 7, 981-7170
Action: Received and filed.

20. Report on Regional Bodies Participation-Oakland Airport-Community Noise Management Forum (PDF)
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Received and filed.

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

Adjournment in Memory of:

  • Ira Michael “Mike” Heyman, Chancellor, University of California, Berkeley (1980-1990)
  • Johnny Otis
  • Clara Watkins
  • Tyler DeMartini

Adjourned at 9:49 p.m.

Communications (PDF)

Item 15: City Manager Referral: City Policy on Not Ticketing People Who Show Up to Move Their Vehicle When Ticket is Being Written
1.    Frances Kalfus

2325 Grant Site Visit
2.    Mimi Kagehiro

Proposed Ballot Initiative
3.    Patrick Finley, on behalf of Berkeley Budget SOS

Collectives Operating as Dispensaries
4.    Medical Cannabis Commission

Fortune Magazine Article
5.    Jacquelyn McCormick, on behalf of Berkeley Budget SOS – Referred to City Manager by Councilmember Maio

Pet Vaccines
6.    Jill Posener (2)

Police Review Commission Issue
7.    James Beatty

Peace Symbol Anniversary
8.    Arnold Passman

Block by Block
9.    James Armstrong II

Supplemental Communications and Reports 1 (PDF)

Item 2: Legislation Related to "Mini-dorms" and Amending the Berkeley Municipal Code
10. David Shiver, on behalf of the Mini-dorm Ad Hoc Neighborhood Task Force (referred to the City Manager by Councilmember Wozniak)
11. Shirley Betz

Item 14: Response to Questions Regarding Mutual Aid Memoranda of Understanding
12. Peace & Justice Commission
13. J. George Lippman, on behalf of the Coalition for a Safe Berkeley (2)

Supplemental Communications and Reports 2 (PDF)

Item 14: Response to Questions Regarding Mutual Aid Memoranda of Understanding
14. Jesse Arreguin, District 4
15. Diana Bohn
16. Gene Bernardi
17. Fred Dodsworth

 

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