General Information
General Information

 

Regular Meeting Annotated Agenda
September 18, 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, September 18, 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: 7:12 p.m.  All present.

Ceremonial Matters: 

  1. No Texting While Driving Day – September 18, 2012
  2. Berkeley Horticultural Nursery – 90th Anniversary

City Manager Comments:

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 1 speaker. 


Consent Calendar

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

Vote: All Ayes.

1. Contract Agreements: Alameda County to Support Programs in Aging Services Division in Fiscal Year 2013
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to submit contract agreements to Alameda County, and execute any resultant revenue agreements and amendments to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following revenue agreements:
  1. Congregate Meals in the amount of $25,388 for fiscal year 2013 to manage service of 49,931 meals to seniors via the Tri-City Nutrition Program.  Meals are provided at the North Berkeley Senior Center, South Berkeley Senior Center, Redwood Gardens, Albany Senior Center and Emeryville Senior Center.
  2. Home Delivered Meals in the amount of $31,195 for fiscal year 2013 to manage delivery of 50,909 meals through the Tri-City Nutrition Program to Berkeley, Albany and Emeryville home-bound seniors.
  3. Family Caregiver Support Program in the amount of $31,383 for fiscal year 2013 to provide outreach, training and information to caregivers, and respite for senior care receivers.
  4. Senior Center Activities in the amount of $22,200 for fiscal year 2013 to support outreach, activities, social events and classes at the North and South Berkeley Senior Centers.
  5. Information and Assistance Services in the amount of $41,048 for fiscal year 2013 to provide information, assistance, referral and follow-up to Seniors receiving services in the North and South Berkeley Senior Centers and the Aging Services Division Social Services Unit.

Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,891–N.S. (Congregate Meals); Resolution No. 65,892–N.S. (Home Delivered Meals); Resolution No. 65,893–N.S. (Family Caregiver); Resolution No. 65,894–N.S. (Senior Center); Resolution No. 65,895–N.S. (Information Services).

2. Contract No. 8960 Amendment: W.R. Forde Associates for the Transfer Station Green Waste Fluid Separation Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8960 with W.R. Forde Associates for the provision of construction services, increasing the amount by $108,923 for a revised total contract not to exceed $520,000.
Financial Implications: Refuse Collect Disposal Fund - $108,923
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,896–N.S.


Council Consent Items

3. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Bates to the Berkeley Holiday Fund's annual campaign with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $500
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,897–N.S. Amended to include contributions from the following Councilmembers up to the amount listed: Councilmember Maio - $250; Councilmember Anderson - $200; Councilmember Wengraf - $200; Councilmember Wozniak - $200.

4. Leave of Absence for Mental Health Commissioner Nemirow
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving a three month leave of absence from October 1, 2012 through December 31, 2012 for Mental Health Commissioner Kim Nemirow.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,898–N.S.

5. Proclamation Declaring October 13, 2012 as Indigenous Peoples Day and Approving City Co-Sponsorship
From: Councilmember Arreguin
Recommendation: Approve the attached proclamation:

1.   Declaring October 13, 2012 as Indigenous Peoples Day in the City of Berkeley; and
2.   Approving City co-sponsorship of the 2012 Indigenous Peoples Day event.

Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved proclamation.  Added Mayor Bates and Councilmember Anderson as co-sponsors.

6. City Manager Referral: Standardize Finance Categories of Software and Exclusively Internet Companies
From: Councilmember Worthington
Recommendation: Refer to the City Manager creating one simple clear standard for categorizing software companies and exclusively internet companies that do business in Berkeley. If it is necessary to have multiple categories, then the City can provide a simple summary of what activities will trigger being assigned to different business license or tax rate categories.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

7. Proclamation in Honor of Bisexual Pride Day
From: Councilmember Worthington
Recommendation: Adopt a proclamation that September 23, 2012 is Bisexual Pride Day in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation. Added Councilmembers Anderson, Arreguin, and Moore as co-sponsors.

8. Support UNITE HERE! and the Workers at the HMS Host at the Oakland International Airport
From: Councilmember Worthington
Recommendation: Support UNITE HERE! and the workers at the food and retail subtenants of HMS Host at the Oakland International Airport.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

Action Calendar - Public Hearings

9. Establishment of the Berkeley Tourism Business Improvement District
Revised Materials
From: City Manager
Recommendation: Conduct a public hearing on the establishment of the Berkeley Tourism Business Improvement District (BTBID or "the District"), and upon conclusion if no majority protest exists after tabulation of assessment ballots, adopt two Resolutions:

1.   Establishing the BTBID for the five-year period beginning November 1, 2012 and ending October 31, 2017.

2.   Authorizing the City Manager to execute a sole source contract and any amendments with the Visit Berkeley (VB) for $375,000 of BTBID funds to support tourism marketing and promotion for the period November 1, 2012 to October 31, 2017.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 2 speakers. 
Action: M/S/C (Wozniak/Arreguin) to accept supplemental material from staff on Item 9.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Arreguin/Wozniak) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Maio/Moore) to adopt:

1.   Resolution No. 65,899–N.S. establishing the BTBID for the five-year period beginning November 1, 2012 and ending October 31, 2017.

2.   Resolution No. 65,900–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the Visit Berkeley (VB) for $375,000 of BTBID funds to support tourism marketing and promotion for the period November 1, 2012 to October 31, 2017.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

10.  Consideration of Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (MOU) and Approval of 2012 Mutual Aid MOU Compendium

a. From: City Manager
Recommendation:

1.   Review and comment on the following proposed new and amended policies drafted pursuant to the Council’s direction at its June 19, 2012 meeting:

a.   Submittal of Suspicious Activity Reports (SARs) to the Northern California Regional Intelligence Center (NCRIC) (General Order N-17);

b.   Immigration Detainers (General Order J-1);

c.   Criminal Intelligence (General Order C-1); and

d.   Mutual Aid (General Order M-2).

2. Adopt a Resolution requiring review and approval by the City Council for grant applications for equipment costing more than $50,000, if the equipment is being provided to the Police Department through Urban Area Security Initiative (UASI) funds; and direct the City Manager to direct the Police Department to continue to follow its own policies and procedures when participating in UASI training, and to continue to send all UASI related training orders to the PRC for review.

3. Conduct a public hearing and upon conclusion, adopt a Resolution approving the 2012 Mutual Aid Memoranda of Understanding (MOU) Compendium as required by Berkeley Municipal Code Section 2.04.150 et. seq.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900

b. From: Councilmember Worthington
Recommendation:
Consideration of Revision to Policies Regarding BPD Mutual Aid Memoranda of Understanding (MOU) and Approval of 2012 Mutual Aid MOU Compendium.  Amend Berkeley Municipal Code 2.04.170 – 2.04.190 to state specifically: Any and all Police Department MOU’s or any other type of agreement or understanding with any and all external agencies such as UC Berkeley, City of Oakland, Homeland Security, FBI, FBI Joint Terrorist Task Force, ICE, shall be submitted in their entirety in writing to the City Council for review and consideration.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Public Testimony: The Mayor opened the public hearing. 19 speakers. 
Action: M/S/C (Maio/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Worthington.

Action: M/S/C (Arreguin/Maio) to adopt Recommendation #2, Resolution No. 65,901–N.S. requiring review and approval by the City Council for all grant applications for equipment, if the equipment is being provided to the Police Department through Urban Area Security Initiative (UASI) funds; and direct the City Manager to direct the Police Department to continue to follow its own policies and procedures when participating in UASI training, and to continue to send all UASI related training orders to the PRC for review; and

Recommendation #3, Resolution No. 65,902–N.S. approving the 2012 Mutual Aid Memoranda of Understanding (MOU) Compendium as required by Berkeley Municipal Code Section 2.04.150 et. seq.; and

Hold over discussion and action on Recommendation 1.b., Immigration Detainers (General Order J-1) to a subsequent meeting.

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

Councilmember Worthington absent 8:46 p.m. – 9:26 p.m.

Action Calendar - New Business

11. a. Include Financial Literacy for Youth and Seniors in Community Agency Requests For Proposals
From: Human Welfare and Community Action Commission
Recommendation: Direct the City Manager to designate financial literacy training or coaching for low-income youth (ages 14-24) and seniors as a specific criterion or focus area in Request for Proposals (RFP) that target youth-serving and senior-serving community organizations.  The scope of work should include:  - Training sessions on money management strategies and lots of just-in-time real world practice (e.g. budgeting with a paycheck, planning to pay for college and other expenses, preventing elderly financial abuse, etc.)  - Coaching and connecting youth to appropriate financial tools and services.
Financial Implications: See report
Contact: Drew King, Commission Secretary, 981-5410

b. Financial Literacy for Youth and Seniors in Community Agency Requests For Proposals
From: City Manager
Recommendation: Defer action on the Human Welfare and Community Action Commission’s (HWCAC) request to make a financial literacy component in all youth-serving and senior-serving programs funded through the Community Agency Request for Proposals (RFP) process a funding priority. Staff will encourage applicants to include financial literacy in their program design, but not require it.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action: Moved Item 11b to the Consent Calendar.  Adopted the City Manager’s recommendation to defer action on the Human Welfare and Community Action Commission’s (HWCAC) request to make a financial literacy component in all youth-serving and senior-serving programs funded through the Community Agency Request for Proposals (RFP) process a funding priority. Staff will encourage applicants to include financial literacy in their program design, but not require it.


Information Reports

12. Tenant Immigration Status Ordinance
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action: Received and filed.


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


Adjournment

Action: M/S/C (Maio/Moore) to adjourn the meeting.

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

Adjourned at 9:26 p.m.

Communications

Berkeley Patients Group
1.    Nunya BNess

Posting Flyers
2.    Carol Denney


Supplemental Communications and Reports 1

-None

Supplemental Communications and Reports 2

Item 10: Consideration of Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (MOU) and Approval of 2012 Mutual Aid MOU Compendium
3.    Nancy Wallace-Nelson

Supplemental Communications and Reports 3

Item 9: Establishment of the Berkeley Tourism Business Improvement District

  • Revised materials, submitted by City Manager’s Office (see agenda item)

Item 10: Consideration of Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (MOU) and Approval of 2012 Mutual Aid MOU Compendium
4.    Julia Harumi Mass, on behalf of the American Civil Liberties Union of Northern California
5.    Frances Hillyard
6.    Ann Fagan Ginger

National Dream University
7.    Unknown

Misconduct
8.    Rozalina Gutman

 

 

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