Regular Meeting Annotated Agenda
April 3, 2012

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 3, 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: 7:06 p.m.  All present

Ceremonial Matters: 

  1. State of the Lab – Dr. Paul Alivisatos
  2. We Care Solar
  3. April is Financial Literacy Month – Society of Financial Awareness (SOFA)

City Manager Comments: 

  1. April 4, 2012 is Berkeley’s 134th Birthday.
  2. The annual Eggstravaganza is April 7 at Willard Park at 10am.
  3. The Berkeley Bay Festival is April 14 at 11am at Shorebird Park Nature Center.

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 3 speakers.

Consent Calendar

Action: M/S/C (Maio/Worthington) to adopt Consent Calendar, excluding Item 19, in one motion except as indicated:

Vote: All Ayes.

 

Action: M/S/C (Arreguin/Worthington) to accept supplemental material from Councilmember Arreguin for Item 22.

Vote: All Ayes.

 

1. License Agreements: LBA RIV-CO XII LLC c/o LBA Realty for Vacant Lots, 940 Avenue/Sixty-Seventh Street (67th) Street (PDF)
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,228–N.S. authorizing the City Manager to execute three-year license agreements and any amendments with LBA RIV-CO XII LLC c/o LBA Realty for real property located at 940 Folger Avenue (address also known as 6701 San Pablo Avenue in prior agreement) for the purpose of using striped and paved vacant lots by the Berkeley Police Department’s Traffic Division in an amount not to exceed $7,000 per annum from September 1, 2011 to August 31, 2014, with an option to extend for an additional two-year period.
First Reading Vote: All Ayes.
Financial Implications: Parking Meter Fund - $35,000
Contact: Michael Meehan, Police, 981-5900
Action: Adopted second reading of Ordinance No. 7,228–N.S.

2. Downtown Area Plan (DAP) 2012 and Implementation Measures (PDF)
From: City Manager
Recommendation: Adopt second reading of the following Ordinances:
1.   Ordinance No. 7,229–N.S. to repeal and reenact Chapter, 23E.68, and retitling it from C-2 to Commercial Downtown Mixed- Use (C-DMU); 
2.   Ordinance No. 7,230–N.S. to adopt Chapter, 23B.34 (Green Pathway); and
3.   Ordinance No. 7,231–N.S. amending Definitions in Chapter 23F.04; and
4.   Ordinance No. 7,232–N.S. amending 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.
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Mayor Bates; Noes - Worthington
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: Adopted second readings of Ordinance Nos. 7,229–N.S., 7,230–N.S., 7,231–N.S. and 7,232–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.

3. Appointment of Director of Planning (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Eric Angstadt as Director of Planning to be effective no later than April 30, 2012.
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000
Action:  Adopted Resolution No. 65,650-N.S.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington.

4. Contract: Management Partners Inc. for Organizational Review of the Revenue Generation and Revenue Collection Functions of the Finance Department (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a contract with Management Partners, Inc., to perform a review of the revenue generation and revenue collection functions of the Finance Department, for a total amount not to exceed $48,950.
Financial Implications: General Fund - $48,950
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution 65,651-N.S.

5. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $2,232,350
Contact: Robert Hicks, Finance, 981-7300
Action: Revised to remove Banking Services bid solicitation. Approved recommendation.

6. Write-off of Uncollectible Account Receivable Due From Northwestern Equipment & Supply Company (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to write off an uncollectible outstanding accounts receivable for business license fees, penalties, and interest for $47,368 due from Northwestern Equipment & Supply Company, which resulted from a Business License Tax audit conducted by the City Auditor's staff. The amount recorded in the City's general ledger by the Finance-Revenue Collection Division is $1,110.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,652-N.S.

7. Additional Reservation of Housing Trust Funds to Resources for Community Development for the University Avenue Cooperative Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing an additional reservation of $20,000 in Housing Trust Funds to Resources for Community Development (RCD) to complete the federal environmental review requirements for the University Avenue Cooperative Homes development (UA Co-op), and waiving the Housing Trust Fund Guidelines to allow the City to approve a total predevelopment loan to UA Co-op of $53,100.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,653–N.S.

8. Grants: California Family Health Council, Inc. for Federal Title X Funds for Health Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept Federal Title X grant funds from the California Family Health Council, Inc. (CFHC) in the amount of $166,681 for the calendar year, January 1, 2012 through December 31, 2012, to support clinical reproductive health services, as well as individual and community health education and outreach 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. 65,654–N.S.

9. Proclaiming May as Mental Health Month (PDF)
From: City Manager
Recommendation: Adopt a Resolution proclaiming May 2012 as Mental Health Month in the City of Berkeley.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,655–N.S.

10. Waiver of the Affordable Housing Mitigation Fee for the Property at 1634 Alcatraz Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution to waive payment of the Affordable Housing Mitigation Fee (AHMF) of $59,063 for the condominium property at 1634-36 Alcatraz Avenue conditioned upon the Bank of America approving the short sale to the Dalldorf Family Trust and the Trust agreeing to continue to keep two of the units as affordable housing.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,656–N.S.

11. Contract No. 7009 Amendment: 2M Associates for the Bay Trail Extension Project for Additional Design and Construction Support Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7009 with 2M Associates of Berkeley to provide construction support services for the Bay Trail Extension project in an amount not to exceed $76,579 for a total contract amount not to exceed $431,579, and extending the contract through June 30, 2013.
Financial Implications: Metropolitan Transportation Commission - $76,579
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Revised resolution to reflect not to exceed amount of $227,139.  Adopted Resolution No. 65,657–N.S.

12. Contract: Association of Sports Field Users Inc. for Operations, Maintenance, and Scheduling at Gilman and Gabes Sports Fields (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and her designee to execute a contract and any amendments with Association of Sports Field Users (ASFU), Inc. for operations, maintenance, and scheduling services at Gilman and Gabes sports fields in an amount not to exceed $124,000 per year for a period of three years, beginning April 1, 2012, with two one-year options to extend for a total contract amount not to exceed $620,000.
Financial Implications: Gilman Sports Field Fund - $620,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,658–N.S.

13. Contract: Arborwell, Inc., for Tree Inventory Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Arborwell, Inc. to conduct a tree inventory and provide software services in an amount not to exceed $145,000 for the period beginning on April 5, 2012 and ending March 30, 2013.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,659–N.S.

14. Agreement: University of California for Improvements to Piedmont Avenue (PDF)
From: City Manager
Recommendation: Authorize the City Manager to:
1.   Enter into an agreement with the University of California (UC) in a mutual effort to design and construct public improvements to southbound Piedmont Avenue north of the intersection with Bancroft Avenue; 
2.   Waive the usual fees for connection to City's sewer collection system by new UC facilities, since UC has already constructed the needed improvements to the sewer system as part of the projects; and 
3.   Assess comparable mitigation fees, in an amount equal to the sewer connection fees, to be used for other improvements to the City's public infrastructure associated with the UC projects.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 65,660–N.S.

15. Contract: Andes Construction, Inc. for Sanitary Sewer Rehabilitation Project on Adeline Street, Alcatraz Avenue, and Fairview Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 12-10612-C, located on Adeline Street, Alcatraz Avenue, and Fairview Street; and
2.   Accepting the bid of the lowest responsive and responsible bidder, Andes Construction, Inc.; and
3.   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 $812,766 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $812,766
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,661–N.S.

16. Contract No. 8295 Amendment: Evergreen Holdings, Inc. for Transport, Recycling and Disposal of Used Motor Oil and other Hazardous Waste (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8295 with Evergreen Holdings, Inc. for the pickup and recycling of used motor oil, antifreeze, used oil filters and materials, increasing the contract by $50,000 for a total amount not to exceed $100,000 for the contract term ending June 30, 2013.
Financial Implications: Various Funds - $100,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,662–N.S.

17. Contract No. 8332 Amendment: Broward Builders, Inc., for 1 Bolivar Drive - Dona Spring Animal Shelter and East Touchdown Plaza Construction Projects (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 8332 with Broward Builders, Inc. for 1 Bolivar Drive - Dona Spring Animal Shelter and East Touchdown Plaza (ETP) construction projects, increasing the amount by $232,472 for a revised total amount not to exceed (NTE) $8,350,966.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,663–N.S.

18. Contract: MCK Services, Inc. for Street Rehabilitation FY 2012 (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2012 Project, 12-10627-C; accepting the bid of MCK Services, Inc. and authorizing the City Manager to execute 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 $2,558,361.
Financial Implications: Various Funds - $2,558,361
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,664–N.S.

19. Surplus Property Disposition: 2931 Shasta Road (PDF)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance approving the sale of 2931 Shasta Road and authorizing the Interim City Manager to execute all necessary documents required to sell the property, for the amount of $540,000.
Financial Implications: General Fund revenue - $540,000, included in adopted FY 2012 budget
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,233–N.S.  Second reading scheduled for May 1, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Capitelli, (recused), Wengraf

Councilmember Wengraf noted absent 7:56 p.m. - 8:09 p.m.


Council Consent Items

20. Sponsorship of the Hemophilia Foundation of Northern California’s Hemophilia Walk (PDF)
From: Councilmember Maio
Recommendation: Officially sponsor the Hemophilia Foundation of Northern California’s (HFNC) Hemophilia Walk on scheduled for April 21, 2012 in Cesar Chavez Park.  The HFNC is not seeking monetary sponsorship, just the ability to use City logo in event materials.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,665–N.S.

21. City Support for Three Pending Anti-Human Trafficking Bills (PDF)
From: Councilmembers Maio, Arreguin and Wengraf
Recommendation: Support three bills currently pending enacting measures to combat human trafficking: Senate Bill 1301; House Bill 2759; and House Bill 2730.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Approved recommendation.

22. Supporting Assembly Bill 1081 as Amended (PDF) 
Revised Agenda Material (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting the recently amended Assembly Bill 1081, the TRUST Act, introduced by Assemblymember Tom Ammiano, and urging the California State Legislature and Governor Jerry Brown to support the TRUST Act.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Revised material accepted.  Held over to May 1, 2012.

23. City Sponsorship of the 2012 Himalayan Fair (PDF)
From: Councilmember Capitelli
Recommendation: Adopt a Resolution cosponsoring the 2012 Himalayan Fair to be held at Live Oak Park on Saturday, May 19 and Sunday, May 20.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Adopted Resolution No. 65,666–N.S.

24. Adjustment in Fees for Change of Address for Home Occupations (PDF)
From: Councilmember Capitelli
Recommendation: Request that staff review the fee to change business address for an approved home occupation business license and consider reducing it from $180 to $50 if the business is moving to a comparable residential zone.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Moved to Action Calendar.  M/S/C (Capitelli/Wengraf) to approve recommendation amended to include “low impact” home occupations only. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

25. 2012 Berkeley Cinco de Mayo Celebration: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution approving the expenditure an amount not to exceed $1,000 per Councilmember to the Cinco de Mayo Celebration with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Kriss Worthington, Jesse Arreguin and any other Council members that would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,667–N.S. revised to include contributions from Councilmember Worthington - $100, Councilmember Arreguin - $250, and Councilmember Anderson - $100.

26. Chavez Commemoration Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember to the City of Berkeley Cesar Chavez Commemoration Event with funds relinquished to the City’s general fund for this purpose from Councilmember Kriss Worthington’s and Jesse Arreguin’s discretionary Council Office Budget and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,668–N.S. revised to include contributions from Councilmember Worthington - $100, Councilmember Arreguin - $100, Councilmember Anderson - $100, and Councilmember Maio - $100.

27. Support Initiative 11-0098 Medical Marijuana Regulation, Control, and Taxation Act of 2012 (PDF)
From: Councilmember Worthington
Recommendation: Support Initiative 11-0098 the Medical Marijuana Regulation, Control, and Taxation Act of 2012 (MMRCT).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  M/S/C (Maio/Bates) to hold the item over to May 1, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent - Wengraf

Councilmember Wengraf noted absent 7:56 p.m. - 8:09 p.m.

28. City Manager Referral: Creation of Department of Environment (PDF)
From: Councilmembers Worthington, Wozniak, and Arreguin
Recommendation: Refer to the City Manager to officially evaluate the organizational, operational, financial costs and benefits of a restructuring of City department’s to create a new Department of Environment, considering consolidation of certain environmentally pertinent functions of the following city departments: Parks and Recreation (Trees/Urban Forestry), Public Works (Solid Waste Division, Recycling Services, Transportation, Watershed Resources, aspects of Sidewalk Program, Street Repair Program and Sanitary Sewer Program), Planning and Development (Office of Energy and Sustainable Development, Toxics Management Division) the City Manager’s Office (Office of Economic Development, specifically the East Bay Green Corridor, Green Business Certification Program, Buy Local Berkeley, Commercial Renewable and Energy Efficiency Programs), and the Department of Health Services (Environmental Health Division).
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar. Councilmember Arreguin added as a co-sponsor.  M/S/C (Worthington/Wozniak) to approved revised recommendation to request a brief, preliminary analysis only.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.


Action Calendar - Appeals


29. ZAB Appeal: 2301 Durant Avenue (PDF)
Administrative Record Part 1 (PDF)
Administrative Record Part 2 (PDF)
Administrative Record Part 3 (PDF)  
Administrative Record Part 4 (PDF)

From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000017 to demolish an existing parking garage, school, and church community facility, and construct a five-story mixed-use building with a ground-floor parking garage, church community facility, and Group Living Accommodations (GLA) for 164 residents.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

b. Communications

  1. Shirley Brower, et al
  2. William Barclay
  3. Steven Finacom

Action: M/S/C (Maio/Anderson) to hold the item over to May 1, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak, Noes – None; Abstain – Capitelli, Wengraf, Bates.

Action Calendar – Public Hearings

30. Submission of the PY2012 Annual Action Plan Including Allocations of Federal Funds and a Revised Citizen Participation Plan, and the Emergency Solutions Grant Substantial Amendment (PDF)
Presentation (PDF)
From: City Manager 
Recommendation: Conduct a Public Hearing on
1.   The federal Program Year (PY) 2012  Annual Action Plan (AAP) for federal funds, including the allocation of federal funding for community agencies for FY2013 and a revised Citizen Participation Plan, and
2.   The Emergency Solutions Grant Substantial Amendment to the City's PY2011 Annual Action Plan, and upon conclusion, adopt a Resolution: 1) Approving proposed funding allocations under the FY2013 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and  2) Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and  3) Allocating 90% of the FY2013 HOME funds to the Housing Trust Fund, and 10% for program administration; and 4) Authorizing the City Manager to submit the PY 2012 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which includes a revised Citizen Participation Plan; and 5) Authorizing the City Manager to submit the ESG Substantial Amendment to the PY2011 Annual Action Plan governing the use of additional ESG funds.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Public Testimony: The Mayor opened the public hearing. 13 speakers. 
Action: M/S/C (Arreguin/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 (Maio/Capitelli) to adopt Resolution No. 65,669-N.S. approving FY2013 CDBG funding for Biotech Partners, Inc.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson (recused), Worthington

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

1.   The federal Program Year (PY) 2012  Annual Action Plan (AAP) for federal funds, including the allocation of federal funding for community agencies for FY2013 and a revised Citizen Participation Plan, and 

2.   Resolution No. 65,670–N.S.  1) approving proposed funding allocations under the FY2013 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and  2) Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and  3) Allocating 90% of the FY2013 HOME funds to the Housing Trust Fund, and 10% for program administration; and 4) Authorizing the City Manager to submit the PY 2012 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which includes a revised Citizen Participation Plan; and 5) Authorizing the City Manager to submit the ESG Substantial Amendment to the PY2011 Annual Action Plan governing the use of additional ESG funds.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Worthington

Councilmember Worthington noted absent 8:59 p.m. – 9:32 p.m.


Action Calendar – Old Business

31. Amendments to Berkeley Election Reform Act (Continued from March 20, 2012) (PDF)
Presentation (PDF)
From: Fair Campaign Practices Commission
 
Recommendation: Adopt the first reading of an Ordinance amending the Berkeley Election Reform Act (BERA), Berkeley Municipal Code Chapter 2.12, as follows: 
1.   Amend section 2.12.065 to provide for electronic posting of campaign contributions in lieu of newspaper publication;
2.   Add section 2.12.231 to create additional remedies for violations including issuance of monetary penalties;
3.   Add section 2.12.271 to create additional filing requirements for committees making expenditures in support of or opposition to a measure;
4.   Add section 2.12.297 to require additional filing of independent expenditure reports in 40 days preceding election;
5.   Add section 2.12.335 to require disclosure on campaign communications of certain contributions (top four contributors with total contributions over $250); and
6.   Amend section 2.212.485 to create a penalty for late filing of reports required by section 2.12.297.
Financial Implications: Staff time
Contact: Kristy van Herick, Commission Secretary, 981-6950
Action: 0 speakers.  Adopted first reading of Ordinance No. 7,234–N.S. amending the Berkeley Election Reform Act (BERA), Berkeley Municipal Code Chapter 2.12, as follows:

1.   M/S/C (Bates/Moore) to amend section 2.12.065 to provide for electronic posting of campaign contributions in lieu of newspaper publication;
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin; Abstain – Anderson, Worthington

2.   M/S/C (Wozniak/Moore) to add section 2.12.231 to create additional remedies for violations including issuance of monetary penalties;
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio

3.   M/S/C (Moore/Arreguin) to add section 2.12.271 to create additional filing requirements for committees making expenditures in support of or opposition to a measure;
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio

Councilmember Maio noted absent 10:30 p.m. – 10:35p.m.

4.   M/S/C (Bates/Moore) to add section 2.12.297 to require additional filing of independent expenditure reports in 40 days preceding election;
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

5.   M/S/F (Worthington/Arreguin) to add section 2.12.335 to require disclosure on campaign communications of certain contributions (top four contributors with total contributions over $250) and refer the inclusion of loans to the required disclosures to the Fair Campaign Practices Commission for consideration;
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – None; Abstain – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates;

6.   M/S/C (Worthington/Maio) to amend section 2.212.485 to create a penalty for late filing of reports required by section 2.12.297.  Second reading scheduled for May 1, 2012.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: M/S/C (Maio/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: M/S/C (Capitelli/Bates) to suspend the rules and extend the meeting to 11:45 p.m.
Vote: Maio, Anderson, Arreguin, Capitelli, Worthington, Bates; Noes – Wengraf, Wozniak; Abstain – Moore

32. Commission Recommendation Based on Referral Regarding Electronic Filing of Campaign Statements (Continued from March 20, 2012) (PDF)
From: Fair Campaign Practices Commission
Contact: Kristy van Herick, Commission Secretary, 981-6950
Action: 0 speakers. M/S/C (Worthington/Moore) to refer the issue of requiring electronic filing to the Fair Campaign Practices Commission, thank them for their work on the issue, and ask them to consider compatibility with other database platforms in future recommendations.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Wozniak; Abstain – None; Absent – Maio

Councilmember Maio noted absent 10:05 p.m. – 10:08 p.m.

33. Contribution Limits on Contractors Doing Business with the City (Continued from March 20, 2012) (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: M/S/C (Arreguin/Maio) to accept revised material from Councilmember Arreguin for Item 33.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: Item held over to May 1, 2012.

Action Calendar – New Business

34 a. Housing Trust Fund Reservations for Savo Island Cooperative Homes and the Berkeley Housing Authority Low Income Public Housing Units (PDF)
From: Housing Advisory Commission
Recommendation: Adopt a Resolution that:
1.   Approves the following allocations from the Housing Trust Fund (HTF) a) Savo Island Cooperative Homes – HOME funds - $135,000 and b) Berkeley Housing Authority Public Housing Units – General funds - $100,000; and
2.   Waives the existing HTF Guidelines in order to approve the above funding reservations.
Financial Implications: See report
Contact:  Kathryn Hoover, Commission Secretary, 981-5415

b. Replacement Loan to Savo Island Cooperative Homes (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving a reservation of HOME Program funds in an amount not to exceed $135,000 to Savo Island Cooperative Homes (the Cooperative) from the Housing Trust Fund (HTF) to replace a loan previously made by the Berkeley Redevelopment Agency (BRA); and
2.   Authorizing the Interim City Manager to execute all necessary legal documents to make the loan to the Cooperative.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

c. Predevelopment Loan to Berkeley Housing Authority (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 
1.   Approving a fund reservation of General Funds from the Housing Trust Fund (HTF), in an amount not to exceed $300,000, to the Berkeley Housing Authority (BHA) to fund costs associated with the disposition and rehabilitation of 75 units of rental housing owned by BHA; and
2.   Waiving the HTF Guidelines dealing with predevelopment loans limits to advance up to $300,000 to BHA; and
3.   Allowing the City to reimburse BHA for predevelopment expenditures approved by staff that are incurred prior to executing the necessary loan documents; and 
4.   Authorizing the Interim City Manager to execute all necessary legal documents to make the predevelopment loan to BHA; and
5.   Amending City Council Resolution No. 64,893-N.S. to rescind a prior $236,000 HTF fund reservation to BHA.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

 

b. Action: 0 speakers. M/S/C (Wozniak/Moore) to adopt Resolution No. 65,671–N.S.
1.   Approving a reservation of HOME Program funds in an amount not to exceed $135,000 to Savo Island Cooperative Homes (the Cooperative) from the Housing Trust Fund (HTF) to replace a loan previously made by the Berkeley Redevelopment Agency (BRA); and
2.   Authorizing the Interim City Manager to execute all necessary legal documents to make the loan to the Cooperative.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Wengraf

Councilmember Wengraf noted absent 9:32 p.m. – 9:38 p.m.

c. Action: M/S/C (Moore/Maio) to adopt Resolution No. 65,672–N.S.
1.   Approving a fund reservation of General Funds from the Housing Trust Fund (HTF), in an amount not to exceed $300,000, to the Berkeley Housing Authority (BHA) to fund costs associated with the disposition and rehabilitation of 75 units of rental housing owned by BHA; and
2.   Waiving the HTF Guidelines dealing with predevelopment loans limits to advance up to $300,000 to BHA; and
3.   Allowing the City to reimburse BHA for predevelopment expenditures approved by staff that are incurred prior to executing the necessary loan documents; and 
4.   Authorizing the Interim City Manager to execute all necessary legal documents to make the predevelopment loan to BHA; and
5.   Amending City Council Resolution No. 64,893-N.S. to rescind a prior $236,000 HTF fund reservation to BHA.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes - Worthington

35.   Potential Ballot Measures in 2012:  Parks Tax Increase and the Inclusion of Parks Projects in a Citywide Bond Measure
a. From: Parks and Recreation Commission (PDF)
Recommendation:
1.   Include an item on the November 2012 ballot to increase the Parks Tax base rate to solve the current structural deficit and include additional funding for annual maintenance to preserve existing parks and facilities; and 
2.   Include parks projects in the Citywide bond measure on the November ballot to address priority safety issues, ADA access issues, and necessary upgrades in City parks and facilities
Financial Implications: See report
Contact: Roger Miller, Commission Secretary, 981-6343

b. From: City Manager (PDF)
Recommendation:
Refer the actions from the Parks and Recreation Commission related to the Parks Tax and parks bond to the Council’s November 2012 ballot discussions.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Items 35a. and 35b. held over to May 1, 2012.

36.    Diesel Spill Response: December 10, 2011
a. From: Community Health Commission (PDF)
Recommendation:
Schedule an item on a future agenda to discuss the December 10th diesel spill, specifically:
1.   What happened,
2.   What is the university's plan,
3.   What corrective action is going to be taken,
4.   In addition, council should discuss the City's preparedness response plan for hazardous spills including liaisons with partner agencies,
5.   Adequacy and timeliness of response.
Financial Implications: See report
Contact: Tasha Tervalon, Commission Secretary, 981-5347

b. From: City Manager (PDF)
Recommendation:
Review the summary of actions taken in response to the diesel fuel spill at UC Berkeley Stanley Hall
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
b. Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to review the summary of actions taken in response to the diesel fuel spill at UC Berkeley Stanley Hall and refer the issue to the Community Health Commission and the Community Environmental Action Commission.

37. City Council Redistricting Plan Ballot Language (PDF)
From: Mayor Bates and Councilmembers Arreguin and Capitelli
Recommendation: Request the City Manager to direct the City Attorney to draft “City Council Redistricting Plan” ballot language for the November election keeping in mind, but not limited to the following criteria:

  1. Elimination of the 1986 boundary lines.
  2. Using major traffic arteries and natural geography as boundaries.
  3. Keep communities of interest (as defined by law) intact.
  4. Protection of incumbents.

Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: 3 speakers.  M/S/C (Capitelli/Wengraf) to approve Mayor Bates and Councilmembers Arreguin and Capitelli’s recommendation to request the City Manager to direct the City Attorney to draft “City Council Redistricting Plan” ballot language for the November election keeping in mind, but not limited to the following criteria:

  1. Elimination of the 1986 boundary lines.
  2. Using major traffic arteries and natural geography as boundaries.
  3. Keep communities of interest (as defined by law) intact.
  4.  Include provision that no two sitting Councilmembers may be drawn into the same district.
  5. Require that redistricting plans be adopted by a super-majority of the Council.
  6. Include an impasse procedure if the supermajority cannot be obtained.

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak; Noes – Worthington, Bates

38. Support Faculty Petition and Request the DA Drop Charges from November 9, 2011 UC Protest (PDF)
Revised Agenda Material (PDF) 
From: Councilmembers Worthington, Anderson, Arreguin and Wengraf
Recommendation: Endorse the Berkeley Faculty Association petition and send a letter to the Alameda County District Attorney to drop charges.  Also send letters to the U.C. Chancellor and U.C. Police Chief to request they send letters to the District Attorney to have all charges dropped against the participants in the November 9, 2011 student, union, faculty, and community.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: M/S/C (Worthington/Moore) to accept supplemental material from Councilmember Worthington for Item 38.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Capitelli.  Councilmember Wengraf added as co-sponsor.

Action: M/S/C (Worthington/Wengraf) to approve Councilmembers Worthington, Anderson Arreguin and Wengraf’s recommendation to endorse the Berkeley Faculty Association petition and send a letter to the Alameda County District Attorney (as revised) to drop charges.  Also send letters to the U.C. Chancellor (as revised), and U.C. Police Chief to request they send letters to the District Attorney to have all charges dropped against the participants in the November 9, 2011 student demonstration.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

39. Create an Ongoing Structure for Official City Manager Evaluation (PDF)
From: Councilmember Worthington
Recommendation: Appoint a subcommittee to create an ongoing structure for an official annual City Manager evaluation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  0 speakers. M/S/C (Worthington/Moore) to approve Councilmember Worthington’s recommendation to appoint a subcommittee to create an ongoing structure for an official annual City Manager evaluation and appoint Councilmember Maio (Chair), Councilmember Worthington, Councilmember Wengraf, and Councilmember Capitelli to the subcommittee.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None..

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

Councilmember Wengraf noted absent 11:36 p.m. – 11:57 p.m.

40. Ensuring Community Input into People’s Park Improvements (PDF)
From: Councilmember Worthington
Recommendation: Adopt the Peace and Justice Resolution to ensure community input into People’s Park improvements.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 5 speakers.  M/S/C (Maio/Wozniak) to send a letter to UC Berkeley authored by Councilmember Maio and Councilmember Worthington to include the historical and cultural significance of People’s Park, note the effects of the changes to the garden and the pergola, and suggest that major changes to the park be discussed with stakeholders.
Vote: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Wengraf

Information Reports

41. FY 2013 Mid Biennial Budget Update (PDF)
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.

42. Investment Report: Quarter Ended December 31, 2011 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action: Received and filed.

43. Grant: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program (PDF)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Received and filed.

44. Council Referral: Green Construction Incentives (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action: Received and filed.

45. Community Environmental Advisory Commission Work Program for 2012 (PDF)
From: Community Environmental Advisory Commission
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461
Action: Received and filed.

46. Report on Regional Bodies Participation (PDF)
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100
Action: Received and filed.


Public Comment – Including Items Not Listed on the Agenda –


Adjournment in memory of:

  1. Trayvon Martin
  2. Oikos University Shooting Victims
  3. Giovanni LoCoco

Adjourned at 11:57 p.m. 

Communications

Police Conduct
1.    Barbara Holden

Tax Increases
2.    William McIntyre

Lifelong Learning Classes
3.    Virginia Polak

Watershed Management Plan
4.    Igor Tregub, on behalf of the Sierra Club, Northern Alameda County Group – Referred to City Manager by Councilmember Arreguin.


Supplemental Communications and Reports 1

Item 29: ZAB Appeal: 2301 Durant Avenue
5.    Titus
6.    Jack Sawyer
7.    Steven Finacom

Item 38: Support Faculty Petition and Request the DA Drop Charges from November 9, 2011 UC Protest
8.    Julie Sinai

Supplemental Communications and Reports 2

Item 2: Downtown Area Plan (DAP) 2012 and Implementation Measures
9.    Julie Dickinson, on behalf of Council of Neighborhood Associations
10. Friends of Downtown Berkeley

Item 3: Appointment of Director of Planning
11. Gale Garcia

Item 29: ZAB Appeal: 2301 Durant Avenue
12. Charlotte Blackmer
13. Sandy Boyd


Supplemental Communications and Reports 3

Item 2: Downtown Area Plan (DAP) 2012 and Implementation Measures
14. Nigel Guest

Item 22: Supporting Assembly Bill 1081 as Amended

Item 30: Submission of the PY2012 Annual Action Plan Including Allocations of Federal Funds and a Revised Citizen Participation Plan, and the Emergency Solutions Grant Substantial Amendment

15. Unknown

Item 31: Amendments to Berkeley Election Reform Act

Item 33: Contribution Limits on Contractors Doing Business with the City

Item 38: Support Faculty Petition and Request the DA Drop Charges from November 9, 2011 UC Protest

Student Diversity Study
16. Unknown