Regular Meeting Annotated Agenda
May 29, 2012

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 29, 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: 7:01 p.m.  All present.

Ceremonial Matters: 

  1. Recognition for Suzanne Tan, Berkeley Arts Center
  2. Berkeley World Music Festival, June 2, 2012
  3. Recognition for Edward Bennett, Environmentalist

City Manager Comments:  None.

Public Comment on Non-Agenda Matters: 1 speaker. 

Public Comment on Consent Calendar and Information Items Only: 5 speakers.

Consent Calendar

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

1. Amending the Massage Therapy Ordinance, BMC Chapter 9.32 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,238–N.S. amending Berkeley Municipal Code (BMC) Chapter 9.32, the Massage Therapy Ordinance.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,238–N.S.

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

3. Follow up: Legislation Related to "Mini-dorms", Amending BMC Section 14.72.080.C (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,240–N.S. amending Berkeley Municipal Code section 14.72.080.C to permit residents of permitted and legal nonconforming sororities, fraternities and student cooperatives to purchase residential preferential parking permits.
Financial Implications: Minimal, if any, impact
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,240–N.S.

4. Assessment: Downtown Property Based Business Improvement District (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the Annual Report for the Downtown Property Based Business Improvement District (hereafter "DPBID" or "the District") for Fiscal Year 2012 and proposed budget for 2013;
2.   Declaring an intention to levy annual assessments in the District for Fiscal Year 2013; and
3.   Setting a public hearing on the levy of assessments for July 17, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,723–N.S.

5. Assessment: North Shattuck Business Improvement District (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the FY 2012 Annual Report of the North Shattuck Business Improvement District (NSBID);
2.   Declaring Council's intention to levy an annual assessment for the NSBID for FY 2013; and
3.   Scheduling a public hearing for July 17, 2012 to consider levying a renewed assessment for FY 2013.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,724–N.S.

6. Assessment: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the Annual Report for the Telegraph Property and Business Improvement District (hereafter "TBID" or "the District") for Fiscal Year 2012 and proposed budget for 2013;
2.   Declaring an intention to levy annual assessments in the District for Fiscal Year 2013; and
3.   Setting a public hearing on the levy of assessments for July 17, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 65,725–N.S.

7. Assessment: Elmwood Theater Business Improvement Area for FY 2012 and Renewal of Assessments for FY 2013 (PDF)
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution: 
1.   Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2012; 
2.   Declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2013; and 
3.   Setting a public hearing on the levy of assessments for July 17, 2012.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7534
Action:  Adopted Resolution No. 65,726–N.S.

8. Contract No. 8187 Amendment: Bank Up Corporation for the Acceptance and Processing of Refuse Remittance Payments (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $42,000 with Bank Up Corporation for the acceptance and processing of refuse payments, for a revised total contract amount not to exceed $92,000 and extending the term through November 30, 2013.
Financial Implications: Refuse Collection Disposal - $42,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,727–N.S.

9. California Mental Health Services Authority and Joint Exercise of Powers Agreement (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute the documents necessary to join the California Mental Health Service Authority (CalMHSA), including the Joint Exercise of Powers Agreement (as amended in 2010) that governs operations of the CalMHSA, in order to jointly develop, fund and administer mental health service and education programs as determined on a regional, statewide or other basis; and authorizing the Manager of Mental Health to act as the City's representative on the CalMHSA Board of Directors.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,728–N.S.

10. Contract No. 8905 Amendment: Management Partners, Inc. for Financial and Organizational Assessment Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8905 with Management Partners, Inc. for a new total amount not to exceed $45,000 to provide management and technical consulting assistance on revenue generation and operational practices of the Mental Health Division of the HHCS Department for the period of January 16, 2012 through June 30, 2013.
Financial Implications: Various Funds - $35,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,729–N.S.

11. Grant: Measure B Paratransit Revenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the Measure B Program Plan for paratransit services; and 
2.   Authorizing the City Manager to receive funds and execute any agreements and amendments with the Alameda County Transportation Commission (Alameda CTC) for the renewal of Measure B annual pass-through funds estimated to be in the amount of $224,007 for use during FY 2013.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,730–N.S.

12. Shelter Plus Care Program Renewal Grants (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive funds and execute any agreements and amendments resulting from the U.S. Department of Housing and Urban Development renewal of the following four Shelter Plus Care grants:
1.   $1,964,016 for tenant-based rental assistance for the period May 24, 2012 through May 23, 2013;
2.   $127,344 for sponsor-based rental assistance for the Supportive Housing Network for the period of May 28, 2012 through May 27, 2013, with Resources for Community Development as the project sponsor;
3.   $123,900 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2012 through May 31, 2013, with Bonita House, Inc. as the project sponsor; and
4.   $457,908 in tenant-based rental assistance for the COACH Project grant for the period of December 14, 2012 through December 13, 2013.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,731–N.S.

13. Final Map of Tract 8011: 2628-2630 Benvenue Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8011, a five (5) unit residential condominium located at 2628-2630 Benvenue Avenue.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action:  Adopted Resolution No. 65,732–N.S.

14. Contract No. 6475C Amendment: City CarShare for the Fleet Carsharing Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6475C with City CarShare to extend the term 1 year through June 30, 2013 and increase the amount by $102,350 for an amended total not to exceed $902,850.
Financial Implications: Equipment Replacement Fund- $102,350
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,733–N.S.

15. Contract: Andes Construction, Inc. for Sanitary Sewer Rehabilitation Project on Ashby Avenue (State Highway 13) from 5th Street to Adeline Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 12-10613-C-PART A, located on Ashby Avenue (State Highway 13) from 5th Street to Adeline 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 $1,046,408 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $1,046,408
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,734–N.S.

16. Contract: California Trenchless, Inc. for Sanitary Sewer Rehabilitation Project on Ashby Avenue (State Highway 13) from 9th Street to Sacramento Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 12-10613-C-PART B, located on Ashby Avenue (State Highway 13) from 9th Street to Sacramento Street; and
2.   Accepting the bid of the lowest responsive and responsible bidder, California Trenchless, 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 $1,134,247 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $1,134,247
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,735–N.S.

17. Contract: Redgwick Construction Company for the West Street Pathway Project, Virginia Street to Ohlone Greenway (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the West Street Pathway Project, Virginia Street to Ohlone Greenway, Specification No. 12-10676-C; 
2.   Accepting the bid of Redgwick Construction Company, the lowest responsive and responsible bidder; 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 $333,476 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Measure B Local Street and Road Fund - $333,476
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,736–N.S.

18. Contracts: On-Call Survey Services (PDF)
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders, to provide on-call survey services for various Public Works projects and requests from other departments for a period of three years for a total amount not to exceed $1,000,000 with:
1.   Logan Surveying in an amount not to exceed $250,000; 
2.   Cunha Engineering, Inc. in an amount not to exceed $250,000; 
3.   Moran Engineering, Inc. in an amount not to exceed $250,000; and 
4.   Paul O. Webb - Licensed Surveyor in an amount not to exceed $250,000.
Financial Implications: Various Funds - $1,000,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,737–N.S. (Logan); Resolution No. 65,738–N.S. (Cunha); Resolution No. 65,739–N.S. (Moran); Resolution No. 65,740–N.S. (Webb).

19.   **Removed from the Agenda per City Manager** Increase Blanket Purchase Order No. 87032: TEC of California, Inc. for FY 2012
Contact: Andrew Clough, Public Works, 981-6300

20.   **Removed from the Agenda per City Manager** Repeal and Reenact Berkeley Municipal Code Chapter 12.34 Semi Automated Curbside Refuse Collection
Contact: Andrew Clough, Public Works, 981-6300

21. Business License Taxes: Providing Better Guidance and Customer Service Will Increase Revenues (PDF)
From: City Auditor
Recommendation: Request the City Manager report back by November 30, 2012, and every six months thereafter, regarding
the status of recommendations until reported fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

Council Consent Items

22. Support of SB 843 (PDF)
From: Mayor Tom Bates
Recommendation: Adopt a Resolution supporting SB 843, The Community-Based Renewable Energy Self-Generation Act, and send a copy to Governor Brown, Senator Loni Hancock and Assembly member Nancy Skinner.
Financial Implications: Minimal
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,741–N.S.

23. Appointment of City Manager (PDF)
From: Mayor Tom Bates
Recommendation: Adopt a Resolution confirming the appointment of Christine Daniel to be City Manager effective on May 30, 2012.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Moved to Action Calendar. Adopted Resolution No. 65,742–N.S.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

24. Support of Full Access to Comprehensive Reproductive Health Care Services (PDF)
From: Councilmembers Maio and Wengraf
Recommendation: Adopt a Resolution supporting full access to comprehensive reproductive health care services and calls on our elected representatives at the County, State, and Federal levels to support at their respective levels as well.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,743–N.S.

25. FY 2013 Budget Referral for the Berkeley Arts Center (PDF)
From: Councilmembers Moore and Capitelli
Recommendation: Refer $19,656 for the Berkeley Arts Center to the FY 2013 budget process.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

26. FY 2013 Budget Referral for J-Sei, BOCA Community Partnership Program and BYA Park Youth Employment (PDF)
From: Councilmembers Moore, Anderson, and Arreguin
Recommendation Refer the following to the FY 2013 budget process:  $9,828 for J-Sei, $9,828 for Berkeley Organizing Congregations for Action (BOCA) Community Partnership Program and $29,484 for Berkeley Youth Alternatives (BYA) Park Youth Employment.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

27. Support Senate Bill 1434 Relating to Warrantless Cell Phone Tracking (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Bill (SB) 1434 by Senator Mark Leno that protects against warrantless government searches of a person’s whereabouts and movements based on information received from an electronic device such as a cell phone.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,744–N.S.

28. Support AB 1990 “Solar for All” (PDF)
From: Councilmember Worthington
Recommendation: Support AB 1990 the “Solar for All” bill and send a letter to Assemblymembers Nancy Skinner and Paul Fong.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

29. Support a Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize the City Manager to Fly the Rainbow Flag for the Month of June (PDF)
From: Councilmembers Worthington, Anderson, Arreguin and Moore
Recommendation: Adopt a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the City of Berkeley and authorize City Manager to fly the rainbow flag for all of June.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation and recommendation.

30. Support Assembly Constitutional Amendment 18 (First Responders Initiative) (PDF)
From: Councilmember Worthington
Recommendation: Support Assembly Constitutional Amendment 18 (First Responders Initiative) to allow California’s municipalities to fund maintenance and improvements of fire and police services with only a majority vote.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

31. Support the Los Angeles Residential Noise Relief Act of 2011 (S. 2019) Restricting Helicopter Flights over Residential Neighborhoods (PDF)
From: Councilmember Worthington
Recommendation: Support Los Angeles Residential Noise Relief Act of 2011 (S. 2019) and send letters to Senators Dianne Feinstein and Barbara Boxer.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

32. Berkeley Student Cooperative: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Wozniak to the Berkeley Student Cooperative to support the “Bear-ly Used” student furniture reuse, move-out program, 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 Fund - $1,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Adopted Resolution No. 65,745–N.S.


Action Calendar - Appeals

33. ZAB Appeal: 740 Heinz Avenue - Use Permit No. 11-70000020 (PDF)
Administrative Record (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 11-70000020 to modify Use Permit No. 09-10000104, to enlarge the building footprint to create a new entrance lobby at the southwest corner of the building, expand the 3rd and 4th floors, delete the 49-car basement parking garage, and revise building elevations, subject to conditions of approval requiring step backs for upper floors to distinguish the historic walls.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: 0 speakers. M/S/C (Wengraf/Moore) to remand the revised project to the Zoning Adjustment Board.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington.

 

Action Calendar - Public Hearing
 

34. Fiscal Year 2013 Proposed Budget Update Hearing #2 (PDF)
From: City Manager
Recommendation: Conduct a Public Hearing regarding the FY 2013 Proposed Budget Update.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Public Testimony: The Mayor opened the public hearing. 17 speakers.  M/S/C (Maio/Arreguin) to close the public hearing.
Action: Presentation made and discussion held.

Action Calendar – Continued Business

A. Redistricting Charter Amendment Ballot Measure (Continued from May 22, 2012) (PDF)
From: City Manager
Recommendation: Discuss the attached draft ballot measure concerning redistricting and provide staff direction.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: 1 speaker. M/S/C (Bates/Capitelli) to direct staff to submit a redistricting charter amendment ballot measure to Council that contains a majority vote threshold for adoption with the remainder of the charter amendment text as proposed in the staff item.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Wengraf.

Councilmember Wengraf absent at 10:35 p.m.

Recess: 10:47 p.m. – 10:55 p.m.

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

Action Calendar - Old Business

35. Contribution Limits on Contractors doing Business with the City (Continued from May 15, 2012) (PDF)
From: Councilmember Arreguín
Recommendation: Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: Held over to June 12, 2012.

36. Five-Minute Grace Period at Pay-and-Display Parking Meters (Continued from May 15, 2012) (PDF)
From: Councilmember Capitelli
Recommendation: Adopt a Resolution establishing a five-minute grace period for vehicles where a valid receipt from a pay-and-display meter is appropriately displayed.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Item held over to July 10, 2012.

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

Action: Moved to Consent Calendar.  Adopted Resolution No. 65,746–N.S.
1.   Approving the plans and specifications for the Berkeley Bay Trail Extension—Phase One project (Bid Specification No. 12-10648-C);
2.   Deeming that the Bid received from Team Ghilotti, Inc. is non-responsive and is rejected;
3.  Deeming that the Bid received from Valentine Corporation is non-responsive and is rejected;
4.   Awarding the construction contract to the lowest responsive, responsible bidder, (Redgwick Construction Company), for the amount of their Bid ($1,480,512.50) (Caltrans Project No. RP STPL 5057 (038);
5.   Authorizing the City Manager and his/her designee to execute a construction contract with Redgwick Construction Company in the amount of their bid, and to execute change orders, amendments and/or time extensions;
6.   Authorizing a 15% construction contingency for an amount not to exceed $222,077, for a total spending authority not-to-exceed $1,702,589.

38. Initiative Petition - Sunshine Ordinance (Continued from May 15, 2012) (PDF)
Revised Agenda Material (PDF) 
From: City Manager
Recommendation:
1.   Adopt a Resolution submitting the Sunshine Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election.
2.   Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: M/S/C (Bates/Maio) to accept supplemental material from staff.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Worthington, Wozniak, Bates; Noes – Arreguin; Abstain – None; Absent – Wengraf.

Action: 8 speakers. M/S/C (Bates/Maio) to adopt Resolution No. 65,747–N.S. submitting the Sunshine Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election, including the revised ballot question provided by staff.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – None; Absent – Wengraf.

Action: M/S/C (Capitelli/Moore) to designate Councilmember Maio to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Wengraf.

Action: M/S/C (Capitelli/Moore) to suspend the rules and extend the meeting to 11:40 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wozniak, Bates; Noes – Worthington; Abstain – None; Absent – Wengraf.

39. City Manager’s Report of Projections of Future City Liabilities (Continued from May 15, 2012) (PDF)
From: Councilmembers Capitelli, Wengraf, Wozniak and Moore
Recommendation: Adopt a Resolution requiring the City Manager to develop and publish a biennial report of current City liabilities and projections of future liabilities designed to aid City staff, Council and the public in the preparation of the City’s budget. The report shall be published initially in February, 2013 and subsequently in February of the second year of the City’s biennial budget.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

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

Action: 3 speakers. M/S/C (Capitelli/Maio) to adopt Resolution No. 65,748–N.S. requiring the City Manager to develop and publish a biennial report of current City liabilities and projections of future liabilities designed to aid City staff, Council and the public in the preparation of the City’s budget. The report shall be published initially in February, 2013 and subsequently in February of the second year of the City’s biennial budget.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Worthington, Wozniak, Bates; Noes – None; Abstain – Arreguin; Absent – Wengraf.

Action Calendar – New Business

40. Revoking Use Permit A1931 and Declaring 1722 9th Street a Public Nuisance (PDF)
From: City Manager
Recommendation: Adopt a Resolution reflecting the City Council’s May 15, 2012 action determining that 1722 9th Street is:
1.   In violation of Use Permit A1931 under BMC Chapter 23B.60, and ordered that Use Permit A1931 be revoked; and
2.   A public nuisance under BMC Chapter 23B.64 and imposed conditions to abate the nuisance.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: Moved to Consent Calendar.  Adopted Resolution No. 65,749–N.S. reflecting the City Council’s May 15, 2012 action determining that 1722 9th Street is:
1.   In violation of Use Permit A1931 under BMC Chapter 23B.60, and ordered that Use Permit A1931 be revoked; and
2.   A public nuisance under BMC Chapter 23B.64 and imposed conditions to abate the nuisance.

41.   Alameda County Transportation Expenditure Plan

a. From: Transportation Commission (PDF)
Recommendation:
Review and consider the Commission's findings regarding the Alameda County Transportation Expenditure Plan.
Financial Implications: None
Contact: Farid Javandel, Commission Secretary, 981-7010

b. From: City Manager (PDF)
Presentation (PDF)
Recommendation: Hear presentation from Alameda County Transportation Commission and consider whether to adopt a Resolution endorsing the Alameda County 2012 Transportation Expenditure Plan (TEP) and requesting that the Alameda County Board of Supervisors place TEP on the November 6, 2012 ballot.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

c. From: Councilmember Worthington (PDF)
Recommendation:
Support and endorse the Alameda County 2012 Transportation Expenditure Plan (TEP), also known as Measure B reauthorization.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: M/S/C (Worthington/Capitelli) to adopt Resolution No. – 65,750-N.S., from the City Manager’s recommendation, endorsing the Alameda County 2012 Transportation Expenditure Plan (TEP) and requesting that the Alameda County Board of Supervisors place TEP on the November 6, 2012 ballot.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

42. Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development (PDF)
Presentation (PDF)
From: City Manager 
Recommendation: Discuss results of the second community survey and provide direction to the City Manager about the drafting of possible revenue measures for inclusion on the November 2012 ballot.
Financial Implications: None
Contact: William Rogers, City Manager’s Office, 981-7000

Action: 41 speakers. M/S/C (Arreguin/Worthington) to accept supplemental material from Councilmember Arreguin.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Arreguin/Wozniak) to direct staff to return with draft language for the following ballot measures:
1. Approximately $20 million bond for construction of a new Warm Water Pool facility  at West Campus, renovation of the existing lap pool locker rooms at West Campus,  renovation of the Willard Pool facility, and renovation of the locker rooms at King Pool.
2. A Special Parcel Tax for operating costs of the new Warm Water Pool (18 hours per week) and Willard Pool (five months operation per year).
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – Bates.
3. Approximately $30 million bond for safe streets and storm water improvements, with priority on storm water, and the Public Works Commission to provide citizen oversight with an annual report required.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

43.    Possible Commission Consolidations

a. Opposition to Consolidation of Homeless Commission with Human Welfare and Community Action Commission (PDF)
From: Homeless Commission
Recommendation: Take no action to consolidate the Homeless Commission with the Human Welfare and Community Action Commission (HWCAC).
Financial Implications: Minimal, if any
Contact: Drew King, Commission Secretary, 981-5410

b. Letter from the Human Welfare and Community Action Commission regarding Commission Consolidation (PDF)
From: Human Welfare and Community Action Commission
Contact: Drew King, Commission Secretary, 981-5410
Action: Received and filed

c. Consolidation of Transportation and Public Works Commissions (PDF)
From: Public Works Commission
Recommendation: Take no action to consolidate the Transportation Commission with the Public Works Commission.
Financial Implications: None
Contact: Jeffrey Egeberg, Commission Secretary, 981-6406

d. Consolidation of Transportation and Public Works Commissions (PDF)
From: Transportation Commission
Recommendation: Review and consider the Transportation Commission’s opposition to the proposed merger of the Transportation Commission with the Public Works Commission.
Financial Implications: No significant fiscal impact
Contact: Farid Javandel, Commission Secretary, 981-7061

e. Letter from the Parks and Recreation Commission regarding Commission Consolidation (PDF)
From: Parks and Recreation Commission
Contact: Roger Miller, Commission Secretary, 981-6343
Action: Received and filed.

f. Letter from the Waterfront Commission regarding Commission Consolidation (PDF)
From: Waterfront Commission
Contact: John Mann, Commission Secretary, 981-6737
Action: Received and filed.

g. Possible Commission Consolidations (PDF)
From: City Manager
Recommendation: Direct the Interim City Manager to:
1. Bring back legislation to consolidate the following City commissions:
a. Public Works Commission and Transportation Commission
b. Human Welfare and Community Action Commission and Homeless Commission

2. Create two new commissions by consolidating the Parks and Recreation Commission, Waterfront Commission, and Commission on Early Childhood Education into two separate commissions, one for capital needs and one for recreation/youth programs; and

3. Provide direction to the City Manager on whether to reduce the membership on commissions that exceed the number of members provided for in the Fair Representation Ordinance.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
Action: Held over to June 26, 2012.

44.   Banking Service Request for Proposal

a. From: Human Welfare and Community Action Commission (PDF)
Recommendation:
Adopt a Resolution directing the Finance Department, as part of the Responsible Banking Policy, to collect a social impact report from all financial institutions that provide or wish to provide banking and/or investment management services to the City of Berkeley.
Financial Implications: See report
Contact: Drew King, Commission Secretary, 981-5410

b. From: City Manager (PDF)
Recommendation:
 
1.   Discuss and give direction to the City Manager on the banking services RFP, including but not limited to allowing participation of Community Banks, membership-based Credit Unions or Community Development Financial Institutions (CDFI) in the RFP process for the City's banking services.

2.   Adopt a Resolution approving the Banking Services RFP for release that includes Community Investment and Responsible banking language and selection criteria.
Financial Implications: Various Funds - $1,350,000
Contact: Robert Hicks, Finance, 981-7300
Action: Held over to June 12, 2012.  

45. a. Service Animals Welcome in Berkeley: Ordinance and Program (PDF)
From: Community Health Commission
Recommendation: The Community Health Commission (CHC) affirms its continuing support of Service Animals Welcome in Berkeley Ordinance and Program and forwards the attached CHC resolution to City Council.
Financial Implications: Staff time
Contact: Tasha Tervalon, Commission Secretary, 981-5347

b. Service Animals in Berkeley: Resolution and Program (PDF)
From: City Manager
Recommendation:

1.   Adopt a Resolution welcoming service animals in Berkeley and affirming the City’s support for compliance with existing laws relating to service animals. 

2.   Direct the City Manager to:
a.   Incorporate educational materials in the Business License Tax process to inform business owners of their responsibilities regarding service animals;

b.   Include content about service animals and the responsibilities of Berkeley Businesses on the City’s website; also include the phone number for the Disability Services Specialist;

c.   Provide signs for businesses to voluntarily put in their windows regarding service animals; and

d.   Work with Business Improvement Districts and Commercial District Organizations to provide opportunities for businesses to learn about their responsibilities regarding service animals in their places of business.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
Action: Moved to Consent Calendar.  Approved the following:

b. The City Manager’s recommendation to:
1.   Adopt Resolution No. 65,751–N.S. welcoming service animals in Berkeley and affirming the City’s support for compliance with existing laws relating to service animals. 

2.   Direct the City Manager to:
a.   Incorporate educational materials in the Business License Tax process to inform business owners of their responsibilities regarding service animals;
b.   Include content about service animals and the responsibilities of Berkeley Businesses on the City’s website; also include the phone number for the Disability Services Specialist;
c.   Provide signs for businesses to voluntarily put in their windows regarding service animals; and
d.   Work with Business Improvement Districts and Commercial District Organizations to provide opportunities for businesses to learn about their responsibilities regarding service animals in their places of business.

46. Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution:
1.   Petitioning Governor Brown to direct the California Public Utilities Commission (PUC) to decommission Diablo Canyon and San Onofre nuclear power plants and to initiate renewable power generation;
2.   Calling upon Governor Brown to exercise his powers to direct the PUC to call for replacing aging reactors with clean and renewable energy generation by the end of the current licenses of California's nuclear power plants at Diablo Canyon and at San Onofre;
3.   Urging President Barack Obama and the Nuclear Regulatory Commission to reverse their support of nuclear power, stop loan guarantees to the nuclear energy industry, shut down nuclear facilities operating in seismically active areas of the U.S., establish a moratorium on building new nuclear reactors and investing in clean, renewable energy, and
4.   Insisting that the Nuclear Regulatory Commission withhold license renewal for Diablo Canyon and San Onofre Nuclear Power plants until seismic issues and offsite permanent storage are resolved.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 510-981-5114
Action: Held over to June 19, 2012.

Information Reports

47. Status Report: Police Staffing Audit (PDF)
From: City Manager
Contact: Michael Meehan, Police, 981-5900
Action: Received and filed.

48. ABAG: Spring General Assembly Report on Regional Bodies Participation (PDF)
From: Councilmember Wengraf
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Received and filed.

49. Report on Regional Bodies Participation-Oakland Airport-Community Noise Management Forum (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 – 0 speakers

Adjournment

Adjourned at 11:43 p.m.

Communications

Item 22: Support of SB 843
1.    Joe Krovoza

Environmental Suggestion
2.    Chris La Combe

1700 Dwight Way & 2507-09 McGee Ave
3.    Rash Ghosh

Acheson Commons
4.    John Caner, on behalf of the Downtown Berkeley Association

North Branch Library
5.    Maris Arnold

Supplemental Communications and Reports 1

Item 41: Alameda County Transportation Expenditure Plan
6.    Dave Campbell
7.    Jeff Hobson, on behalf of TransForm

Item 42: Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development
8.    Parks & Recreation Committee

Item 43: Possible Commission Consolidations
9.    Gerald Lenoir

Item 46: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
10. Henry Schwan
11. Roger Herried
12. Robert Meola
13. Gary Paris

Supplemental Communications and Reports 2

Item 23: Appointment of City Manager
14. Victoria Peirotes

Item 38: Initiative Petition - Sunshine Ordinance
15. Berkeley Rent Stabilization Board
16. Theodore Edlin
17. Dean Metzger, on behalf of the First Amendment Coalition

Item 41: Alameda County Transportation Expenditure Plan
18. Jeff Hobson, on behalf of TransForm

Item 42: Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development
19. Estelle Jelinek
20. Susan Hall
21. Sally Nelson

Item 43: Possible Commission Consolidations
22. Laura Livoti, on behalf of Justice in Nigeria Now
23. Bill Joyce
24. Nunu Kidane, on behalf of Priority Africa Network
25. Ariana Gil, on behalf of Mujeres Unidas Y Activas
26. Carolyn Scarr
27. Ann Fagan Ginger

Item 46: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
28. Margot Smith
29. Sheila Goldmacher
30. Henry Clarence
31. Sharon Ryals Tamm
32. Rachel Johnson
33. Zamira Ha
34. Cindy Shamban
35. Cynthia Johson
36. Amy Hutto
37. Louise Dunlap

Supplemental Communications and Reports 3

Item 25: FY 2013 Budget Referral for the Berkeley Arts Center
38. Unknown

Item 33: ZAB Appeal: 740 Heinz Avenue - Use Permit No. 11-70000020
39. Chris Barlow, on behalf of Wareham Development

Item 38: Initiative Petition - Sunshine Ordinance

  • Revised materials, submitted by City Attorney (see agenda item)

40. Martha Nicoloff

Item 41: Alameda County Transportation Expenditure Plan

  • Presentation, submitted by Public Works (see agenda item)

Item 42: Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development

41. Jesse Arreguin, District 4
42. Merrilee Mitchell

Item 43: Possible Commission Consolidations
43. Maureen Duignan, on behalf of the East Bay Sanctuary Covenant
44. Catherine Tactaquin, on behalf of National Network for Immigrant & Refugee Rights
45. Apolonio Morales, on behalf of Berkeley Organizing Congregations for Action
46. Jon Rodney

Item 46: Decommission California Nuclear Power Plants and Transition to Green Non-Nuclear Power Generation Sources
47. Maria Wiszowaty
48. Karen Dobies
49. Antonia Davis
50. Laurie Headrick
51. Donna Warnock
52. Louise Beane
53. Cecile Pineda
54. Don Eichelberger

Historical Berkeley Memoranda
55. Edward Bennett