General Information
General Information

Regular Meeting Annotated Agenda
May 15, 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: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 15, 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 Arreguín

District 8 – Gordon Wozniak

 

Preliminary Matters

Roll Call: 7:11 p.m.  All present.

Ceremonial Matters:

  1. Public Works Week, May 20-26, 2012

City Manager Comments:

  1. Citywide Community Emergency Response Team (CERT) Training, May 19, 9am–12pm
  2. Kids Triathlon, Saturday, May 19, 2012 at King Pool 

Public Comment on Non-Agenda Matters: 1 speaker. 

Public Comment on Consent Calendar and Information Items Only: 4 speakers.

Consent Calendar

Action: M/S/C (Arreguin/Moore) to accept supplemental material on Item 23 from Councilmember Wengraf.
Vote: All Ayes.

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

1. Amendment: FY 2012 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,235–N.S. amending the FY 2012 Annual Appropriations Ordinance No. 7,213-N.S. for fiscal year 2012 based upon other adjustments in the amount of $19,898,633 (gross) and $20,705,511 (net).
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent: Anderson.
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,235–N.S.

2. Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at a Building at James Kenney Park (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,236–N.S. authorizing the City Manager to execute a lease agreement with the Bay Area Hispano Institute for Advancement (BAHIA) for the small building located at 1718 Eighth Street at James Kenney Park for a five year term beginning July 1, 2012.
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent: Anderson.
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Adopted second reading of Ordinance No. 7,236–N.S.

3. Derby Street Land Vacation and Exchange with Berkeley Unified School District (PDF)
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,237–N.S.
a. Vacating a portion of the public right-of-way of Derby Street; and
b. Conveying the City’s interests in the vacated property to Berkeley Unified School District; and
c. Accepting, in exchange, an offer of street dedication of fee interest at 1925 Derby Street from Berkeley Unified School District for public right-of-way purposes.
Financial Implications: None
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent: Anderson.
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,237–N.S.

4. Amending the Massage Therapy Ordinance, BMC Chapter 9.32 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.32, the Massage Therapy Ordinance.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted first reading of Ordinance No. 7,238–N.S.  Second reading scheduled for May 29, 2012.

5. Settlement of Kim M. Richardson v. City of Berkeley, et al. From: City Manager (PDF)
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. VG 10 494770 entitled Richardson v. City of Berkeley, et al. for $27,500.
Financial Implications: Public Liability Fund - $27,500
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,697–N.S.

6. Calling for a Consolidated General Municipal Election for November 6, 2012 (PDF)
From: City Manager
Recommendation: 
1.   Adopt a Resolution a) Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 6, 2012;
b) Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.
2.   Adopt a Resolution establishing policies and timelines for filing ballot measure arguments.
Financial Implications: General Fund - Estimated $340,000
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action:  Adopted Resolution No. 65,698–N.S. and Resolution No. 65,699–N.S.

7. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on May 15, 2012 (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 - $1,550,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

8. Contract No. 8143A Amendment: Berkeley Food and Housing Project to Provide Homelessness Prevention and Rapid Re-Housing Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 8143A with Berkeley Food and Housing Project to provide Homelessness Prevention and Rapid Re-Housing Services by $4,787 to an amount not to exceed $1,359,453.
Financial Implications: Reallocation of funds
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,700–N.S.

9. Body Art Ordinance, Adding BMC Chapter 11.70 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Chapter 11.70 to Title 11 of the Environmental Health Code relating to the registration of body art practitioners and mechanical stud and clasp ear piercing facilities and issuance of health permits for temporary and permanent body art facilities.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted first reading of Ordinance No. 7,239–N.S.  Second reading scheduled for May 29, 2012.

10. Supplemental Military Leave Compensation Policy (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2013 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.
Financial Implications: No fiscal impact at this time
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,701–N.S.

11. Contract: West Bay Builders, Inc. for Construction of the West Branch Library (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving plans and specifications for the Berkeley Public Library West Branch Improvement Project;
2.   Accepting the bid of West Bay Builders, Inc.; and
3.   Authorizing the City Manager to execute a contract, and any amendments, extensions or change orders until completion of the project in an amount not to exceed $5,985,000 which includes a contingency of approximately 9%.
Financial Implications: Measure FF - $5,985,000
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 65,702–N.S.

12. Contract No. 8897 Amendment: McGuire & Hester for San Pablo Park Basketball Courts Construction (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend construction contract no. 8897 with McGuire and Hester Construction, Inc. for San Pablo Park Basketball Courts Renovation Project (Specification No. 11-10561-C) to increase the amount by $92,000 for a new total contract not-to-exceed $534,600.
Financial Implications: Various Funds - $92,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,703–N.S.

13. Contract: Redgwick Construction Company for Berkeley Bay Trail Extension—Phase One (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 
1.   Approving the plans and specifications for the Berkeley Bay Trail Extension—Phase One project (Bid Specification No. 12-10648-C);
2.   Deeming that the Bid received from Team Ghilotti, Inc. is non-responsive and is rejected;
3.  Deeming that the Bid received from Valentine Corporation is non-responsive and is rejected;
4.   Awarding the construction contract to the lowest responsive, responsible bidder, (Redgwick Construction Company), for the amount of their Bid ($1,480,512.50) (Caltrans Project No. RP STPL 5057 (038);
5.   Authorizing the City Manager and his/her designee to execute a construction contract with Redgwick Construction Company in the amount of their bid, and to execute change orders, amendments and/or time extensions;
6.   Authorizing a 15% construction contingency for an amount not to exceed $222,077, for a total spending authority not-to-exceed $1,702,589.
Financial Implications: Various Funds - $1,702,589
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Item held over to May 29, 2012.

14. Recognized Obligation Payment Schedule: July 1, 2012-December 31, 2012 (PDF)
From: City Manager
Recommendation: Acting as the Successor Agency for the Redevelopment Agency, adopt a Resolution approving a Recognized Obligation Payment Schedule (ROPS) for the six month fiscal period commencing on July 1, 2012 and ending December 31, 2012.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,704–N.S.

15. Contract: California Constructores for the West Street Pathway Project, University Avenue to Addison Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the West Street Pathway Project, University Avenue to Addison Street, Specification No. 12-10649-C; 
2.   Accepting the bid of California Constructores, the lowest responsive and responsible bidder; 
3.   Rejecting the bid protest of Redgwick Construction Company, the second lowest bidder; and
4.   Authorizing the execution of 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 $346,069 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Measure B Fund - $346,069
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,705–N.S.

16. Contracts: On-Call Geotechnical and Engineering Testing Services (PDF)
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute three contracts and any amendments, extensions or other change orders with on-call geotechnical and engineering testing support services for a combined total for all contracts not to exceed$1,200,000 as follows:
1.   Construction Testing Services, Inc. in an amount not to exceed $400,000;
2.   Inspection Services, Inc. in an amount not to exceed $400,000; and
3.   ENGEO Incorporated in an amount not to exceed $400,000.
Financial Implications: Various Funds - $1,200,000 over 3 years
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,706–N.S. (Construction Testing Services), Resolution No. 65,707–N.S.(Inspection Services), and Resolution No. 65,708–N.S. (ENGEO).

17. FY 2013 Transportation Development Act Article 3 Fund Allocation (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Authorizing the City Manager to: submit an allocation request to the Metropolitan Transportation Commission (MTC) for $163,298 from the Transportation Development Act (TDA) Article 3 funds in FY 2013 for the Berkeley Bicycle Plan Update; accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the project, subject to securing the funds; and 

2.   Declaring that:  the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to the resolution, or that might impair the ability of the City of Berkeley to carry out the project; the City of Berkeley attests to the accuracy of and approves the statements in Exhibit A to the resolution; and a certified copy of the resolution and its Exhibits, and any accompanying supporting materials, shall be forwarded to the Alameda County Transportation Commission for submission to MTC as part of the Countywide coordinated TDA Article 3 claim.
Financial Implications: MTC Fund - $163,298 (revenue)
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,709–N.S.

18. Purchase Order: Serramonte Ford for 5 Ford E-250 Cargo Vans (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for 5 Ford E-250 cargo vans with Serramonte Ford, for an amount not to exceed $154,000.
Financial Implications: Equipment Replacement Fund - $154,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,710–N.S.

19. Human Welfare and Community Action Commission Representatives of the Poor (PDF)
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the selection of Rico Robinson (District 2) as a representative of the poor, having been selected at the April 18, 2012 Human Welfare and Community Action Commission (HWCAC) meeting and serving until the next election in November 2012.
Financial Implications: See report
Contact: Drew King, Commission Secretary, 981-5410
Action:  Adopted Resolution No. 65,711–N.S.

20. Response to BUSD Superintendent Regarding Medical Cannabis (PDF)
From: Medical Cannabis Commission
Recommendation: Authorize the Medical Cannabis Commission to send a letter to the BUSD Superintendent and BUSD Board Members in response to Superintendent’s letter of December 12, 2011.
Financial Implications: None
Contact: Elizabeth Greene, Commission Secretary, 981-7484
Action:  Approved recommendation.

Council Consent Items

21. Options Recovery Services: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution authorizing the expenditure of an amount not to exceed $100 per Councilmember to be used for a grant to support the 15th Year Anniversary Gala of Options Recovery Services, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,712–N.S.  Amended to include the following contributions: Councilmember Wengraf – $100; Councilmember Anderson – $100; Councilmember Worthington – $50; Councilmember Arreguin – $100; Councilmember Capitelli – $100.

22. Support of Commercial Real Estate Industry and High-Tech Campuses Receiving a Living Wage and Compensation Package (PDF)
From: Councilmember Moore
Recommendation: Adopt a Resolution supporting the principle that the commercial real estate industry and high-tech campuses should ensure that their janitorial staff receive a living wage and compensation package.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,713–N.S.

23. Proclamation Honoring Edward Bennett (PDF)
Revised Agenda Material (PDF)
From: Councilmembers Wengraf, Arreguín, Wozniak and Mayor Bates 
Recommendation: Approve the attached proclamation honoring Berkeley resident Edward Bennett for over 60 years of Environmental Activism.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Approved revised proclamation.

24. Support Assembly Bill 1993 Relating to Mandatory Vehicle Impoundment Penalties for Unlicensed Drivers (PDF)
From: Councilmember Arreguín
Recommendation: Adopt a Resolution supporting Assembly Bill 1993, introduced by Assemblymember Fiona Ma.
Financial Implications: None
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,714–N.S.

25. Support the Middle Class Scholarship Act (AB 1500 and 1501) (PDF)
From: Councilmember Arreguín
Recommendation: Adopt a Resolution supporting the Middle Class Scholarship Act, Assembly Bills 1500 and 1501, introduced by Assembly Speaker John A. Pérez.
Financial Implications: None
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,715–N.S.

26. 2012 Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Anderson, Arreguín, Worthington and Wozniak
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Anderson to the 2012 Berkeley Juneteenth Festival with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $500
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 65,716–N.S.  Amended to include the following contributions: Councilmember Wengraf – $100; Councilmember Wozniak – $100; Councilmember Worthington – $500; Councilmember Arreguin – $100; Councilmember Capitelli – $100; Councilmember Maio – $100; Councilmember Moore – $250.

27. North Shattuck Association: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Arreguín and Capitelli
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the North Shattuck Association to support the 16th annual Chocolate and Chalk Art Festival with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Arreguín and Capitelli, and any other Councilmember who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $250
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,717–N.S.  Amended to include the following contributions: Councilmember Arreguin – $250; Councilmember Capitelli – $100.

28. Ninth Annual Berkeley World Music Festival (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation designating June 2, 2012 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

29. Support Peralta Community College District Ballot Measure B (PDF)
From: Councilmember Worthington and Bates
Recommendation: Support Peralta Community College District Measure B, a measure seeking voter approval of an annual special parcel tax of $48 on all parcels for a period of eight years to fund core academic programs, career training, and counseling at College of Alameda, Laney College, Merritt College and Berkeley City College.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.  Mayor Bates added as a co-sponsor.

30. Support Proposition 29, the Tobacco Tax for Cancer Research Act of 2012 (PDF)
From: Councilmember Worthington
Recommendation: Support Proposition 29, the Tobacco Tax for Cancer Research Act of 2012.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

Action Calendar – Public Hearing – Continued Business

A. West Berkeley Project - Master Use Permit Process (PDF)
West Berkeley Presentation (PDF)
From: City Manager
Recommendation: Continue the public hearing and upon conclusion, provide direction to staff regarding the following actions proposed to be taken at the May 15, 2012 Council Meeting:
1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopt 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 first reading of an Ordinance to repeal and reenact BMC Chapter 23B.36. Master Use Permits.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor continued the public hearing. 0 speakers.  M/S/C (Wozniak/Wengraf) to close the public hearing.
Action: No action taken.

31. Fiscal Year 2013 Proposed Budget Public Hearing #1 (PDF)
From: City Manager
Recommendation: Conduct a public hearing regarding the FY 2013 proposed budget.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Public Testimony: The Mayor opened the public hearing. 8 speakers.  Public hearing continued to May 29, 2012.
Action: Presentation made and discussion held. Second public hearing to be held on May 29, 2012.

32. 1722 Ninth St Public Hearing and Determination re Public Nuisance (PDF)
Administratiave Record (PDF)
From: City Manager 
Recommendation: 
1.   Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Sections 23B.64.050 and 23B.60.050 and, upon conclusion, direct staff to return with a Resolution on May 29, 2012 determining that 1722 9th Street is: a) in violation of Use Permit A1931 under BMC Chapter 23B.60, and order that Use Permit A1931 be revoked; and b) a public nuisance under BMC Chapter 23B.64 and impose conditions to abate the nuisance; and 
2.   Continue the Council's consideration to May 29, 2012 for adoption of the Resolution.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 10 speakers.  M/S/C (Maio/Wozniak) to close the public hearing.
Action: M/S/C (Maio/Moore) to approve the City Manager’s recommendation to:
1.   Direct staff to return with a Resolution on May 29, 2012 determining that 1722 9th Street is: a) in violation of Use Permit A1931 under BMC Chapter 23B.60, and order that Use Permit A1931 be revoked; and b) a public nuisance under BMC Chapter 23B.64 and impose conditions to abate the nuisance;
2.   Continue the Council’s consideration to May 29, 2012 for adoption of the Resolution.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

33.    Public Hearing: FY 2013 City Fees
From: City Manager
Recommendation:  Conduct a public hearing on the following fees and upon conclusion adopt Resolutions setting fees for the following:

a. Environmental Health Division Fee Schedule (PDF)
From: City Manager
Recommendation: 
1.   Approving a Fee Schedule with no increase in fees for the Environmental Health Division, effective July 1, 2012, that will remain in effect until modified or rescinded, as required by Berkeley Municipal Code Sections 9.80.040; 11.12.040; 11.20.030; 11.28.040; 12.04.020; 12.04.030 and 13.40.090; and the California Health and Safety Code, Sections: 114381, 116053, 119303; and
2.   Rescinding Resolution No. 65,283-N.S.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

b. Recreation Non-resident Fee Increases and Revised Fee Policies (PDF)
From: City Manager
Recommendation: 
1.   Approving increases in current Recreation Non-Resident Fees to a maximum of 20% above resident fees for selected recreation programs and facilities and approve certain new fees, and rescinding Resolution No. 65,286-N.S. and all amendatory resolutions; and
2.   Approving revised Policies and Procedures for Parks & Recreation Programs and Facilities, and rescinding Resolution No. 64,335-N.S., and all amendatory resolutions.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

c. Fee Changes to the Development-Related Services Provided by Planning and Development (PDF)
From: City Manager
Recommendation: 
1.   Amending the fee schedule for development-related services provided by the Planning and Development Department, and 
2.   Rescinding Resolution No. 64,918-N.S. and amendatory Resolution Nos. 65,319- N.S. and 65,341-N.S.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Bates/Maio) to adopt:
a. Resolution No. 65,718–N.S.
1. Approving a Fee Schedule with no increase in fees for the Environmental Health Division, effective July 1, 2012, that will remain in effect until modified or rescinded, as required by Berkeley Municipal Code Sections 9.80.040; 11.12.040; 11.20.030; 11.28.040; 12.04.020; 12.04.030 and 13.40.090; and the California Health and Safety Code, Sections: 114381, 116053, 119303; and
2.   Rescinding Resolution No. 65,283-N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Maio/Moore) to adopt:
b. Resolution No. 65,719–N.S.
1.   Approving increases in current Recreation Non-Resident Fees to a maximum of 20% above resident fees for selected recreation programs and facilities and approve certain new fees, and rescinding Resolution No. 65,286-N.S. and all amendatory resolutions; and
2.   Resolution No. 65,720–N.S. approving revised Policies and Procedures for Parks & Recreation Programs and Facilities, and rescinding Resolution No. 64,335-N.S., and all amendatory resolutions.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Bates/Wengraf) to adopt:
c. Resolution No. 65,721–N.S. 
1.   Amending the fee schedule for development-related services provided by the Planning and Development Department, and 
2.   Rescinding Resolution No. 64,918-N.S. and amendatory Resolution Nos. 65,319- N.S. and 65,341-N.S.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – Arreguin  

Action Calendar – Old Business

34. Contribution Limits on Contractors doing Business with the City (Continued from April 3, 2012) (PDF)
From: Councilmember Arreguín
Recommendation: Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: Item held over to May 29, 2012.

35. Five-Minute Grace Period at Pay-and-Display Parking Meters (Continued from May 1, 2012) (PDF)
From: Councilmember Capitelli
Recommendation: Adopt a Resolution establishing a five-minute grace period for vehicles where a valid receipt from a pay-and-display meter is appropriately displayed.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Item held over to May 29, 2012.

Recess: 8:53 p.m. – 9:07 p.m.

36. West Berkeley Project – Master Use Permit Process (PDF)
West Berkeley Project - Attachment 3 (PDF)
Revised Agenda Material (PDF)
Presentation (PDF)
From: City Manager
 
Recommendation:
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: 56 speakers. M/S/C (Wengraf/Maio) to accept supplemental material from staff on Item 36.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson, Arreguin, Worthington.  

Councilmember Arreguin noted absent: 9:07 p.m. – 9:18 p.m.

Councilmember Worthington noted absent: 9:07 p.m. – 9:23 p.m.

Councilmember Anderson noted absent: 9:07 – 9:09 p.m.

Action: Discussion held.  Item held over to May 22, 2012 Special City Council Meeting.

 

Action: M/S/C (Wengraf/Maio) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington. 

 

Action: M/S/C (Wengraf/Maio) to suspend the rules and extend the meeting to 11:45 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

 

Action: M/S/C (Bates/Worthington) to Hold over Items 36 (West Berkeley), 37 (Redistricting), and 41 (Mutual Aid) to the Special City Council Meeting on May 22, 2012, and to hold over Items 34 (Campaign Contributions), 35 (Grace Period), 38 (Sunshine Initiative), and 44 (City Manager Report) to May 29, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/F (Worthington/Bates) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes – Maio, Anderson, Arreguin, Worthington, Bates; Noes – Capitelli, Wengraf, Wozniak; Abstain – Moore. 

37. Redistricting Charter Amendment Ballot Measure (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: Item held over to May 22, 2012 Special City Council Meeting.

38. Initiative Petition - Sunshine Ordinance (PDF)
From: City Manager
Recommendation:
1.   Adopt a Resolution submitting the Sunshine Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election.
2.   Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Item held over to May 29, 2012.

39. Ballot Measure Re-Authorizing Expenditures of Voter-Approved Taxes for Parks Maintenance, Library Relief, Emergency Medical Services, Emergency Services for Severely Physically Disabled Persons and Fire Protection and Emergency Response and Preparedness, Under Article XIIIB of the California Constitution (PDF)
From: City Manager
Recommendation: 
1.   Adopt a Resolution placing the attached measure to reauthorize spending taxes previously approved by the voters, on the ballot at the November 6, 2012 General Municipal Election.
2.   Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar. Adopted the following:
1.   Resolution No. 65,722–N.S. placing the attached measure to reauthorize spending taxes previously approved by the voters, on the ballot at the November 6, 2012 General Municipal Election.
2.   M/S/C (Capitelli/Arreguin) to designate Councilmember Maio to author and file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Vote: All Ayes.

40. Follow up: Legislation Related to "Mini-dorms", Amending BMC Section 14.72.080.C (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code section 14.72.080.C to permit residents of permitted and legal nonconforming sororities, fraternities and student cooperatives to purchase residential preferential parking permits.
Financial Implications: Minimal, if any, impact
Contact: Zach Cowan, City Attorney, 981-6950
Action: Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,240–N.S. amending Berkeley Municipal Code section 14.72.080.C to permit residents of permitted and legal nonconforming sororities, fraternities and student cooperatives to purchase residential preferential parking permits. Second reading scheduled for May 29, 2012. City Manager will return with an information report on the 60% bedroom floor area ratio threshold.

41. a. Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012 (PDF)
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 (PDF)
From: City Manager
Recommendation:
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: Item held over to May 22, 2012 Special City Council Meeting.

42.   Establish a City of Berkeley Homeward Bound Program

a. From: Homeless Commission (PDF)
Recommendation:
Adopt a Resolution establishing a two-year Homeward Bound Program -- $20,000 annually -- to be administered by the City of Berkeley's Health, Housing and Community Services Department.  Additionally, the Commission recommends allocating additional bonus points, in the upcoming FY 2014 Request For Proposals process, to service providers who offer a homeward bound program that conforms to the guidelines of the City's program.
Financial Implications: General Fund - $40,000
Contact: Drew King, Commission Secretary, 981-5410

b. From: City Manager (PDF)
Recommendation:
Refer the issue of establishing a City administered Homeward Bound Program to the FY 2014 budget process to align with the two-year community agency Request for Proposals process, expected in this fall 2012, and resultant two year community agency contracts for FY 2014-2015.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Moved item 42.b. to Consent Calendar.  Adopted the City Manager’s recommendation to refer the issue of establishing a City administered Homeward Bound Program to the FY 2014 budget process to align with the two-year community agency Request for Proposals process, expected in this fall 2012, and resultant two year community agency contracts for FY 2014-2015.

43. Status Report: Community Workforce Agreement First Anniversary Review (PDF)
From: City Manager
Recommendation: Maintain the Community Workforce Agreement’s (CWA) current $1 million dollar threshold for publicly-funded construction projects for an additional 12 months to allow time to improve the effectiveness of the CWA and evaluate outcomes, especially in terms of jobs for Berkeley residents.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to Maintain the Community Workforce Agreement’s (CWA) current $1 million dollar threshold for publicly-funded construction projects for an additional 12 months to allow time to improve the effectiveness of the CWA and evaluate outcomes, especially in terms of jobs for Berkeley residents.

Council Action Items

44. City Manager’s Report of Projections of Future City Liabilities (PDF)
From: Councilmembers Capitelli, Wengraf, Wozniak and Moore
Recommendation: Adopt a Resolution requiring the City Manager to develop and publish a biennial report of current City liabilities and projections of future liabilities designed to aid City staff, Council and the public in the preparation of the City’s budget. The report shall be published initially in February, 2013 and subsequently in February of the second year of the City’s biennial budget.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Held over to May 29, 2012.

Information Reports

45. 2011 Annual Report - Open Government Ordinance (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Received and filed.

46. Status Report on Easy Does It Emergency Services Contract (PDF)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Received and filed.

47. Update: Implementation of FUND$ Change Management Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

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

Adjournment

Adjourned at 11:45 p.m.

Communications (PDF)

Item 41: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
1.    Carolyn Scarr (2)
2.    Jane Welford (2)
3.    Vic Sadot, on behalf of the Berkeley Fellowship of Unitarian Universalists Social Justice Committee
4.    Henry Clarence, on behalf of the Berkeley Gray Panthers
5.    Ann Fagan Ginger, on behalf of the Meiklejohn Civil Liberties Institute
6.    Xan Sam Joi, on behalf of Bay Area Code Pink
7.    Sue Udry, on behalf of Defending Dissent Foundation
8.    Gene Bernardi

Berkeley Adult School Lifelong Learning Programs
9.    Commission on Aging

Parking Ticket Issue
10. Greg Popovich
11. Paul Church

Purchasing Policy
12. Bob Kilcoyne

United Nations Treaty Reports
13. Ann Fagan Ginger, on behalf of the Meiklejohn Civil Liberties Institute

Supplemental Communications and Reports 1 (PDF)

Item 32: 1722 Ninth St Public Hearing and Determination re Public Nuisance
14. Jeannie O’Connor
15. Unknown (3)

Item 35: Five-Minute Grace Period at Pay-and-Display Parking Meters
16. Lisa Goodman

Item 39: Ballot Measure Re-Authorizing Expenditures of Voter-Approved Taxes for Parks Maintenance, Library Relief, Emergency Medical Services, Emergency Services for Severely Physically Disabled Persons and Fire Protection and Emergency Response and Preparedness, Under Article XIIIB of the California Constitution
17. Pam Gray

Item 41: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
18. Gene Bernardi (2)
19. Peace & Justice Commission

Supplemental Communications and Reports 2 (PDF)

Item 32: 1722 Ninth St Public Hearing and Determination re Public Nuisance
20. Thomas Turman
21. Beebo Turman
22. Unknown

Item 35: Five-Minute Grace Period at Pay-and-Display Parking Meters
23. Breda Courtney

Item 36: West Berkeley Project – Master Use Permit Process
24. C. Bruce Godfrey
25. Ed Herzog
26. Sheila Langer
27. Constance Milligan
28. Bill Milligan
29. Nancy Bartell
30. Mike Charlasch
31. Susan Tobes
32. Susan Henderson
33. Suzanne Anderson

Item 38: Initiative Petition - Sunshine Ordinance
34. Dean Metzger, on behalf of the Berkeley Sunshine Committee

Item 40: Follow up: Legislation Related to "Mini-dorms", Amending BMC Section 14.72.080.C
35. Joan Barnett, on behalf of the Dwight/Hillside Neighborhood Association

Item 41: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
36. Jane Eiseley
37. Sydney Vilen (2)
38. Bill Joyce
39. J. George Lippman, on behalf of the Coalition for a Safe Berkeley

Supplemental Communications and Reports 3 (PDF)

Item 23: Proclamation Honoring Edward Bennett

  • Revised materials, submitted by Councilmember Arreguin and Wengraf (see agenda item)

Item 36: West Berkeley Project – Master Use Permit Process

  • Presentation and revised materials, submitted by Planning & Development (see agenda item)

40. Rick Auerbach
41. Lesley Emmington
42. Thomas Lippe, on behalf of the Sustainable West Berkeley Alliance
43. Dan Knapp
44. Gene Poschman (2)

Item 41: Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2012
45. Pamela Sihvola

Item 43: Status Report:  Community Workforce Agreement First Anniversary Review
46. Nicole Goehring

Public Works Open House
47. Unknown

 

 

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