Regular Meeting Annotated Agenda
March 6, 2012

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 6, 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: 7:20 p.m.  All present.

Ceremonial Matters: 

  1. Bayard Rustin 100th Birthday
  2. Women’s’ History Month
  3. Red Cross Month

City Manager Comments:

  1. On March 7, 2012 there will be a presentation on 2020 Vision at the School Board Meeting

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 (Wozniak/Moore) to accept supplemental material for Item 13 from Councilmember Wozniak and supplemental material for Item A from Councilmember Arreguin.

Vote: All Ayes.

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

Vote: All Ayes.

1. Contract No. 8313 Amendment: Theresa Darrenougue for Real-Time Closed Captioning Stenography (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8313 with Theresa Darrenougue for the provision of real-time closed captioning stenography services at all worksessions, regular and special meetings of the City Council, increasing the contract amount by $78,000 for a total not to exceed $128,000 and extending the contract term from March 24, 2012 through March 24, 2013 with the option of two one-year extensions.
Financial Implications: General Fund - $78,000
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action:  Adopted Resolution No. 65,617–N.S.

2. Extension of Moratorium on Charging for Parking at Meters on Adeline Street Between Woolsey Street and Alcatraz Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution that extends the moratorium on charging for parking at meters on Adeline Street between Woolsey Street and Alcatraz Avenue to December 31, 2012, and clarifies that this will be the last such extension recommended by staff.  Resolution 65,587-N.S. adopted on January 31, 2012 was mistakenly worded to expire on March 5, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,618–N.S.
 
3. Contract: County of Alameda for Shelter Plus Care Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $241,057 to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2012 through February 28, 2013.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,619–N.S.

4. Grants: Alameda County Health Care Services Agency for Public Health Infrastructure (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the Alameda County Health Care Services Agency, for Public Health Infrastructure in the amount of $32,080 for one year, July 1, 2011 through June 30, 2012, to conduct essential operational activities; 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. 65,620–N.S.

5. Grants: California Department of Public Health for the Berkeley Tobacco Prevention 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 Berkeley Tobacco Prevention Program (BTPP) in the amount of $150,000 per fiscal year for three years, July 1, 2010 through June 30, 2013 for a total award amount of $450,000 to conduct tobacco prevention 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. 65,621–N.S.

6. Lot Line Adjustment and Legal Documents Associated with Financing for Harrison House (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the Interim City Manager, or her designee, to approve a lot line adjustment for City-owned property at 711 Harrison Street leased to Building Opportunities for Self Sufficiency (BOSS) and to execute lease riders, non-disturbance and attornment agreements, and any related documents to facilitate financing for the rehabilitation of Harrison House, an emergency shelter and transitional housing program operated by BOSS.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,622–N.S.

7. Contract 7700A Amendment: Fairbanks Scales for the Maintenance and Repair of Solid Waste Transfer Station Scales (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $65,000 with Fairbanks Scales, Inc., for the maintenance and repair of scales at the solid waste transfer station, for a revised total contract amount not to exceed $155,000 and extending the term through December 31, 2012.
Financial Implications: Refuse Fund - $65,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,623–N.S.

8. Revival of the Solano Avenue Business Improvement District (PDF)
From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution accepting the Solano Avenue Business Improvement District Advisory Board's (hereafter "Solano BID Advisory Board" or "the Advisory Board") recommendation that Council revive the Solano BID by: 

1.   Approving a report and preliminary budget on proposed improvements in the District; 

2.   Declaring its intent to levy an assessment for the balance of calendar year 2012 to finance improvements in the District and;

3.   Directing the City Clerk to schedule a public hearing on the renewal of the assessment for May 1, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,624–N.S.


Council Consent Items 

9. Contribution Limits on Contractors Doing Business with the City (PDF)
From: Councilmember Arreguin
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 Arreguin, Councilmember, District 4, 981-7140
Action:  Moved to Action Calendar.  Item held over to March 20, 2012.

10. City Manager Referral: Sidewalk Display of Merchandise Pilot Program on Telegraph and Re-refer Citywide Policy to the Planning Commission (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to expedite a pilot program on Telegraph Avenue and refer to the Planning Commission a citywide policy to consider the San Francisco ordinance Sidewalk Display of Merchandise.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation with the direction that this item be referred in conjunction with the Mayor’s referral from December 15, 2009.

11. Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $900 per Councilmember to the Holocaust Remembrance Day Event with funds relinquished to the City’s general fund for this purpose from Councilmember Kriss Worthington’s and Susan Wengraf’s discretionary Council Office Budgets and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $900
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,625–N.S.  amended to include Councilmember Arreguin’s contribution of $250, Councilmember Anderson’s contribution of $200, Councilmember Wengraf’s contribution of $225, and Councilmember Worthington’s contribution of $225.

12. Proclamation of the 10th Annual Holocaust Remembrance Day Event (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 10th Annual Holocaust Remembrance Day event.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation

13. Community Health Commission Guest Speaker Stipend: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)

Revised Agenda Material (PDF)

From: Councilmember Wozniak
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $400 per Councilmember, including $400 from Councilmember Wozniak, to have the City Manager pay the invoice of the stipend for guest speaker, Margarita Quihuis, at the April 12, 2012, Community Health Commission (CHC) with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Wozniak and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $400
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Revised language submitted by Councilmember Wozniak.  Adopted Resolution No. 65,626–N.S.

Action Calendar – Public Hearing

14. Downtown Area Plan (DAP) 2012 and Implementation Measures (PDF)

Attachment 1, Exhibit B - Proposed Downtown Area Plan (PDF)

Presentation (PDF)

From: City Manager
Recommendation: Conduct a public hearing and upon conclusion provide direction to staff regarding the following actions proposed to be taken at the March 20, 2012 Council meeting:

  1. Environmental Impact Report (EIR) and adopt CEQA findings and the Mitigation Monitoring and Reporting Program;
  2. Adoption of amendments to the General Plan text and map to implement the DAP 2012;
  3. Adoption of the DAP 2012;
  4. Adoption of first reading of Ordinances to repeal and reenact Berkeley Municipal Code (BMC) Chapter 23E.68, Commercial Downtown Mixed- Use (C-DMU);  to enact BMC Chapter 23B.34 (Green Pathway);  and to amend Definitions in BMC Chapter 23F.04;
  5. Adoption of first reading of an Ordinance to amend the official Zoning Map by reclassifying portions of the Downtown Area Plan area from C-1, C-2, C-SA, R-2A and R-4 to C-DMU, C-SA, or R-3 and include the following four subareas within the C-DMU District: Core, Outer Core, Corridor, and Buffer.

Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 34 speakers. 
Action: M/S/C (Moore/Capitelli) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.

Action: M/S/C (Arreguin/Moore) to accept supplemental material for Item 14 from Councilmember Arreguin.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action Calendar - Continued Business
 

A. Amend the Constitution to End Corporate Personhood (Continued from February 28, 2012) (PDF)

Revised Agenda Material (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: Revised language submitted by Councilmember Arreguin.  Moved to Consent Calendar.  Adopted Resolution No. 65,627–N.S.  

B. Ban Agricultural Use of Methyl Iodide in California (Continued from February 28, 2012) (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: Item held over to the March 20, 2012 meeting.

Action Calendar – New Business

15. Contract No. 6303A Amendment: RCC Consultants for Peer Review of Applications for Telecommunication Projects (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with RCC Consultants for peer review of applications for telecommunication projects to increase the contract amount of $124,999 by $100,000 for a new contract amount not to exceed $224,999.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,628–N.S.

Information Reports

16. Status Report-Audit Efficiency and Transparency of Contract Fiscal Management Needs Improvement (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action: Received and filed

17. Berkeley Student Cooperative, the Housing Trust Fund, and the Affordable Housing Mitigation Fee (PDF)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Moved to Consent Calendar.  Held over to April 3, 2012.

18. Report on Regional Bodies Participation-Countywide Transportation Plan, Steering Committee (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 – 2 speakers.

Adjourned in Memory of:

  • Peter Cukor

Adjourned at 9:59 p.m.

Communications

Trash/Recycling Bins on Sidewalk
1.    Nancy Carleton

Painted Benches on Shattuck
2.    James Armstrong II

Supplemental Communications and Reports 1

 None

Supplemental Communications and Reports 2

Item 14: Downtown Area Plan (DAP) 2012 and Implementation Measures
3.    Gene Poschman

Item A: Amend the Constitution to End Corporate Personhood
4.    Phoebe Sorgen (2)

Supplemental Communications and Reports 3

Item 13: Community Health Commission Guest Speaker Stipend: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

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

Item 14: Downtown Area Plan (DAP) 2012 and Implementation Measures

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

5.    Jesse Arreguin, District 4
6.    Martha Nicoloff

Item A: Amend the Constitution to End Corporate Personhood

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

7.    Valerie Schwimmer
8.    Susan Harman

Pathways
9.    Rosalind Guzman