Regular Meeting Annotated Agenda
February 28, 2012

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 28, 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: 7:03 p.m.  All present.

Ceremonial Matters: None

City Manager Comments: None

Public Comment on Non-Agenda Matters: 4 speakers. 

Public Comment on Consent Calendar and Information Items Only: 0 speakers.

Consent Calendar

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

Vote: All Ayes

Action: M/S/C (Maio/Moore) to accept revised or supplemental material for Item 23 from Councilmember Arreguin.

Vote: All Ayes.

1. 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 second reading of Ordinance No. 7,227–N.S. 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.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,227–N.S.
 
2. Settlement of Peterson v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the San Francisco Superior Court Action No. CGC- 09-494798 (Consolidated with Case No. CGC 10-500217) entitled Christine Peterson v. City and County of San Francisco; City of Berkeley, et al. in the amount of $56,000.
Financial Implications: Public Liability Fund - $56,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,603-N.S.  
 
3. Berkeley Redevelopment Agency Minutes for Approval (PDF)
From: City Manager
Recommendation: Acting as the Successor Agency for the Berkeley Redevelopment Agency, approve the minutes for the Redevelopment Agency's final meeting of January 31, 2012 (regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes as submitted.

4. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 17, 2012 (regular) and January 31, 2012 (special closed and regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes as submitted.

5. Donations to the Animal Shelter: The Stephen and Mary Birch Foundation, The Chao Foundation, The Raymond Family Foundation and Every Dog Has Its Day Care (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving donations to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation, $5,000 from the Chao Foundation, $2,500 from the Raymond Family Foundation and $2,770 from Every Dog Has Its Day Care.
Financial Implications: Animal Shelter Donation Fund - $20,270 (donation)
Contact: Kate O'Connor, Animal Shelter Manager, 981-6600
Action:  Adopted Resolution No. 65,604-N.S. 

6. 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: General Fund - $150,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

7. Contract: Intermedix for Ambulance Billing Service (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Intermedix to provide ambulance billing service for Berkeley Fire Department from April 1, 2012 to March 31, 2014 in an amount of $400,000 with an option to extend for four additional years in two-year increments in a total contract amount not to exceed $1,200,000.  The contract fee will be 4.75% of the total revenue collected.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 65,605-N.S.  

8. Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution accepting a $10,178 donation to the Berkeley Meals on Wheels program from the Alameda County Meals on Wheels Agency.
Financial Implications: One Time Funding-Non Grant - $10,178 (donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,606-N.S. 

9. Grants: California Department of Public Health for the Immunization Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Department of Public Health (CDPH) for the Immunization Program in the amount of $41,438 per year for two years, July 1, 2011 through June 30, 2013 for a total award amount of $82,876 to conduct immunization activities and related services; and to execute the resultant revenue agreements, contracts, and any amendments and extensions.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,607-N.S.

10. Grants: California Department of Public Health for the Women, Infants and Children Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Department of Public Health (CDPH) for the Women, Infants and Children (WIC) Program in the amount of $467,077 per federal fiscal year for three years, October 1, 2011 through September 30, 2014, for a total award amount of $1,401,231 to conduct WIC activities and related services; and to execute the resultant revenue agreements, contracts, and any amendments and extensions.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,608-N.S.    

11. Grants: California Department of Public Health for Tuberculosis Local Assistance Subvention and Base Award Augmentation (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept continuation grant funds from the California Department of Public Health (CDPH) in the amount of $39,020 (Local Assistance and Subvention) and $3,300 (Base Award Augmentation) for one year, July 1, 2011 through June 30, 2012; to conduct public health tuberculosis surveillance, control, and prevention services; to execute the resultant revenue agreements, contracts, and any amendments and extensions; and to authorize the implementation of grant activities and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,609-N.S. 

12. Contract: Gonsalves & Stronck Construction Inc. for Construction of the South Branch Library (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving plans and specifications for the Berkeley Public Library South Branch Improvement Project;

2.   Reject the nonresponsive bid by Cal-Pacific Construction Inc.;

3.   Accepting the bid of Gonsalves & Stronck Construction Inc.; and

4.   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 $4,963,000 which includes a contingency of approximately 7.5%.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 65,610-N.S.

13. Berkeley Redevelopment - Amendment to the Enforceable Obligation Payment Schedule (PDF)
From: City Manager
Recommendation: Acting as the Successor Agency for the Berkeley Redevelopment Agency, adopt a Resolution approving amendments to the Enforceable Obligation Payment Schedule.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,611-N.S. with revised line 13 of Exhibit A to correct the payment source listed for the Savo Island Predevelopment Loan to the Savo Island Project Fund.

14. Berkeley Redevelopment - Recognized Obligation Payment Schedule (PDF)
From: City Manager
Recommendation: Acting as the Successor Agency for the Berkeley Redevelopment Agency, adopt a Resolution approving a Recognized Obligation Payment Schedule.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,612-N.S. with revised line 13 of Exhibit A to correct the payment source listed for the Savo Island Predevelopment Loan to the Savo Island Project Fund.

15. Accept Offered and/or Donated Office Furniture and Equipment (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept freely offered and/or donated furniture and office equipment to furnish City offices, as needed.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,613-N.S.

16. Contract: Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with Siemens Industries, Inc. to provide monitoring and repairs for essential fire and life safety systems and monitoring equipment for an amount not to exceed $106,000 for the period March 1, 2012 through September 30, 2014.
Financial Implications: Various Funds - $106,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,614-N.S.

Council Consent Items

17. Life Long Medical: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
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 Life Long Medical with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Tom 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. 65,615-N.S. amended to include Councilmember Arreguin’s contribution of $100 and Councilmember Anderson’s contribution of $500. 

18. Request for Proposals to Lease 2134 Martin Luther King Way (PDF)
From: Mayor Bates
Recommendation: Request the City Manager to develop a request for proposals to lease 2134 Martin Luther King Way (Maudelle Shirek Building) with terms and conditions to be determined by the City Manager.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.

19. Honoring Ms. Magazine on the 40th Anniversary of the Publication (PDF)
From: Mayor Bates and Councilmember Maio
Recommendation: Adopt a Resolution honoring Ms. Magazine for 40 years of being a salient voice for women's issues in the US.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,616-N.S. 

20. Celebrating March 20 to April 23, 2012 as the Cesar E. Chavez Commemoration Period in the City of Berkeley (PDF)
From: Mayor Bates and Councilmembers Arreguin, Worthington, and Anderson
Recommendation: Adopt a proclamation marking March 20-April 23 2012 as "The Cesar E. Chavez Commemoration Period" and present it at the City Council meeting on March 20, 2012.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Approved proclamation.  Added Councilmember Anderson as a co-sponsor.

21. Amend the Constitution to End Corporate Personhood (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution urging our federal representatives to amend the constitution to end corporate personhood.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Held over to the March 6, 2012 City Council Meeting.

22. Referral to City Manager: Parking Signage Clarity (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the concept of creating a staff level working group, with consultation with the Transportation Commission, to review parking signs for clarity and efficacy and request that the City Manager provide a recommendation on improving parking signage no later than December 18, 2012.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

23. Urging UCSF to Approve Kidney Transplant for Jesus Navarro (PDF)
Revised Agenda Material (PDF)
From: Councilmember Arreguin
Recommendation: Send a letter to the UCSF urging them to reconsider its decision to deny Jesus Navarro a life-saving kidney transplant.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved revised recommendation.

24. Scheduling a Presentation on an Affordable Housing Survey (PDF)
From: Councilmembers Capitelli and Moore
Recommendation: Allow 15 minutes at the March 20, 2012 regular meeting (or in conjunction with a workshop  -  to be determined by the Agenda Committee) for a presentation on an affordable housing survey recently completed by interns in the offices of Councilmembers Capitelli and Moore.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Approved recommendation.

25. Proclamation Recognizing March 2012 as Women's History Month (PDF)
From: Councilmembers Wengraf, Maio, and Anderson
Recommendation: Approve a proclamation recognizing the month of March 2012 as Women's History Month.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Approved proclamation.  Added Councilmember Anderson as a co-sponsor.

26. Ban Agricultural Use of Methyl Iodide in California (PDF)
From: Councilmember Worthington
Recommendation: Send the Director of California's Department of Pesticide Regulation (DPR), Brian Leahy, a letter urging the banning of methyl iodide in agricultural uses.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Held over to the March 6, 2012 City Council Meeting.

27. City Manager Referral on the Telegraph Livability Coalition's Proposals and Schedule a Worksession (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the Telegraph Livability Coalition's Proposals and Schedule a Worksession.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  1 speaker. M/S/C (Bates/Worthington) to refer the proposals to the City Manager, convene a meeting of stakeholders and refer the scheduling of the worksession to the Agenda Committee.
Vote: All Ayes.

28. End the Unfair Unemployment Penalty on Student Loans (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to Sallie Mae, Inc to drop the Forbearance Fee.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

29. Stop the American Family Association's Hate Campaign Against Ellen DeGeneres (PDF)
From: Councilmember Worthington
Recommendation: Send a letter thanking J.C. Penny for standing up against the hate campaign.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

Action Calendar – Old Business

30. Referral: Feasibility of Expanded Plastic Recycling in Berkeley (Continued from February 14, 2012) (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: M/S/C (Capitelli/Arreguin) to accept a revision to Item 30 from Councilmember Worthington and accept a revision from Councilmember Arreguin on Item 31.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: M/S/C (Maio/Capitelli) to approve councilmembers Wozniak, Wengraf and Mayor Bates’ recommendation to 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 with the proviso that this referral shall not take any staff time away from the expedited process on the single use plastic bag ban/paper bag fee.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – Wengraf.

Action: M/S/C (Moore/Worthington) to reconsider the vote in Item 30.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: M/S/C (Maio/Capitelli) to approve councilmembers Wozniak, Wengraf and Mayor Bates’ recommendation to 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 with the proviso that this referral shall not take any staff time away from the expedited process on the single use plastic bag ban/paper bag fee.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action Calendar – New Business

31. Discussion and Direction Regarding Potential Ballot Measures for the November 6, 2012 General Municipal Election (PDF)
Presentation (PDF)
From: City Manager
Recommendation: Discuss possible ballot measures for the November 2012 election and provide direction to the City Manager about which issues to include in a community survey.
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000

Action: 8 speakers.  Discussed possible ballot measures for the November 2012 election and suggested potential issues to include in a community survey such as street repair, public pools, street lighting, parks, recreation facilities/community centers, storm drains/watershed management, seismic retrofit of city buildings (e.g. Old City Hall, Veterans Building, Center Street Garage), homeless services, and affordable housing.

A revised comparison of tax rates for Berkeley, Oakland, and Albany will be provided for the April 3, 2012 Worksession.

Information Reports

32. Commercial Façade Improvement Grant Program (CFIGP) Close-Out Report (PDF)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Referred to the Agenda Committee for scheduling a future presentation.

33. 48/96 Schedule Information Report - 3rd Quarter (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Referred to the Agenda Committee for scheduling.

34. Audit - Mental Health Adult Clinic Surprise Cash Count: Client Funds Could be Lost, Stolen or Misused (PDF)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Received and filed.

35. Report on Regional Bodies Participation: Alameda County Lead Poisoning Prevention Program (PDF)
From: Councilmember Anderson
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Received and filed.

36. Report on Regional Bodies Participation: The Alameda County Transportation Commission and the Countywide Transportation Plan (PDF)
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Received and filed.

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


Adjournment in Memory of:

  • Marian Rosen
  • Peter Cukor
  • Morton Felix

Adjourned at 9:44 p.m.


Communications

Berkeley & Wells Fargo 
1.    Sharon Hoffmann
2.    Colleen Kinerk
3.    John K.

Comments on Berkeley
4.    Tadamori Yagi

Sewer Lateral Ordinance Update
5.    Rhiannon

Supplemental Communications and Reports 1

-None

Supplemental Communications and Reports 2

Item 31: Discussion and Direction Regarding Potential Ballot Measures for the November 6, 2012 General Municipal Election
6.    Kayla Starr
7.    Estelle Jelinek
8.    Sally Francis
9.    David & Miriam Wilson
10. Susan Hall
11. Jerry Landis
12. Arndt Schrader
13. Christopher Mahmood
14. Michelle Cooper

Supplemental Communications and Reports 3

Item 23: Urging UCSF to Approve Kidney Transplant for Jesus Navarro

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

Item 30: Referral: Feasibility of Expanded Plastic Recycling in Berkeley
15. Kriss Worthington, District 7

Item 31: Discussion and Direction Regarding Potential Ballot Measures for the November 6, 2012 General Municipal Election

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

16. Jesse Arreguin, District 4
17. Steve Robey

Section 8
18. Jerry Chin