Regular Meeting Annotated Agenda
July 10, 2012

 

Printer-friendly PDF* annotated agenda

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~ 
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 10, 2012
7:00 P.M.
Council Chambers - 2134 Martin Luther King Jr. Way
Teleconference Location:
130 San Vicente Blvd., Apt 142B, Santa Monica, CA 90402
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.  Councilmember Wengraf absent.  Councilmember Wengraf present at 7:10 p.m.

Ceremonial Matters: None. 

City Manager Comments:

  1. Bay Trail extension groundbreaking at the Marina south lawn on July 17 at 12:00 p.m. 

Public Comment on Non-Agenda Matters: 2 speakers.


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

Consent Calendar

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

Vote: All Ayes

 

1.  Amendment to Berkeley Election Reform Act, Adding BMC Section 2.12.335
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,253-N.S. amending the Berkeley Election Reform Act (BERA) to add Berkeley Municipal Code section 2.12.335, requiring disclosure on campaign communications of the committee's name and certain contributions and loans received by the committee.
First Reading Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Bates;
Noes - Worthington; Abstain - Anderson; Absent - Wozniak.
Financial Implications: Staff time
Contact: Kristy van Herick, Commission Secretary, 981-6986
Action: Adopted second reading of Ordinance 7,253-N.S.
Second Reading Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes - Worthington; Abstain - Anderson.

2.  FY 2013 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,254-N.S. adopting the FY 2013 Annual Appropriations Ordinance (AAO) in the amount of $364,920,134 (gross appropriations) and $313,563,163 (net appropriations).
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance 7,254-N.S.

 

3.  Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on July 10, 2012
Adopt second reading of Ordinance No. 7,254-N.S. adopting the FY 2013 Annual Appropriations Ordinance (AAO) in the amount of $364,920,134 (gross appropriations) and $313,563,163 (net appropriations). All Ayes See reportContact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 Adopted second reading of Ordinance 7,254-N.S.
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 - $550,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation

4.  3135 Harper Street Request for Proposals for Affordable Housing Development 
From: City Manager 
Recommendation: Adopt a Resolution:
1.   Directing the City Manager to negotiate with Satellite Housing to develop (a) a more refined financing plan, including working with the Berkeley Housing Authority regarding a potential allocation of project-based Section 8, and (b) a plan for site control of the 3135 Harper Street site sufficient to allow it to apply for Low Income Housing Tax Credits in March 2013, and to return to Council prior to December 31, 2012 when the current Housing Trust Fund round will close; and 
2.   Establishing a deadline of December 31, 2013 for Satellite to secure project financing.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,807-N.S.

5.  Contract: Bay Area Community Resources for Placement of Americorps Interns 
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract with Bay Area Community Resources (BACR) for the purpose of placing Americorps interns at the Berkeley High School Health Center (BHSHC) and the Vera Casey Pregnant and Parenting Teen Program in the amount of $70,000 for FY 2013.
Financial Implications: Various Funds - $70,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,808-N.S.

 
6.  Contract:  TranSystems, Inc. for South Cove Public Dock Improvement Project Design Phase 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with TranSystems, Inc. in an amount not to exceed $139,365 for design services for the South Cove Public Dock Improvement Project design phase.
Financial Implications: Dept. of Boating and Waterway Fund - $139,365 (grant)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,809-N.S.
  
7.  License Agreement: Berkeley Partners for Parks - Tool Lock-up Storage Area and Lockers at Aquatic Park 
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Berkeley Partners for Parks ("BPFP") on behalf of its partner group, Aquatic Park EGRET ("EGRET") to use the City's Tool Lock-up Storage Area and Lockers at the south end of Berkeley Aquatic Park.
Financial Implications: Park Tax Funds - $6,000 (approx)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,810-N.S.
8.  Donation from Wareham Development for Pedestrian Beacons at 7th Street & Anthony Street 
From: City Manager 
Recommendation: Adopt a Resolution:
1.   Accepting a donation in the amount of $25,000 from Wareham Development for purchase and installation of solar powered pedestrian activated rectangular rapid flashing beacons for the crosswalk on the north leg of the intersection of 7th Street and Anthony Street; and
2.   Authorizing the City Manager to enter into agreements necessary for purchase and installation of solar powered pedestrian activated rectangular rapid flashing beacons at the intersection of 7th Street and Anthony Street.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,811-N.S.
 

9.  Parking Citation Fines for Enforcement of Violations of Disabled Person Parking, Pay-and- Display (P&D) Stations in Off-street Parking Lots, and Establishing the Zone and Annual Notification for Football Day Citations 
From: City Manager
 
Recommendation: Adopt two Resolutions:
1.   Updating the schedule of fines for parking violations and late payment penalties:
a. Establishing civil penalties for the fraudulent use of Disabled Person (DP) placards and license plates, as set forth under California Vehicle Code (CVC) violations of CVC 4461 (b), (c) and (d), in the amount of $500 per citation, plus a 10% state-required assessment; and 
b. Adding the state-required additional assessment equal to 10% of the penalty established for a violation of CVC Section 22507.8 (parking in a disabled space or cross-hatched area), and CVC Section 22522 (parking within 3 feet of a sidewalk ramp); and 
c. Setting fines for violations related to Pay-and-Display Stations that are located in off-street parking lots; and
d. Rescinding Resolution No. 65,080-N.S.
2.   Establishing the zone for football day citations as north to (not including) Cedar Street, south and east to the Berkeley-Oakland city limits, and west to Oxford and Fulton Streets; and authorizing the City Manager to make an annual determination and notice of dates on which football day violations will be issued.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,812-N.S. and Resolution No. 65,813-N.S.

  
10.  Contract No. 7961A Amendment: Kitchell CEM, Inc. for the Provision of Services for the Branch Library Bond Program 
From: Board of Library Trustees
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7961A with Kitchell CEM, Inc. for the provision of construction / project management and LEED commissioning agent services for the branch library bond program, Measure FF, by increasing the expenditure authority $175,000 for a revised contracted total amount not to exceed $1,373,580.
Financial Implications: Measure FF Fund - $175,000
Contact: Donna Corbeil, Library Services, 981-6195
Action:  Adopted Resolution No. 65,814-N.S.

11.  Contract No. 8061B Amendment: Field Paoli Architects for Architectural and Engineering Services 
From: Board of Library Trustees
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8061B with Field Paoli Architects by increasing the spending authority by $30,000 for a revised contracted total amount not to exceed $893,500.
Financial Implications: Measure FF Fund - $30,000
Contact: Donna Corbeil, Library Services, 981-6195
Action:  Adopted Resolution No. 65,815-N.S.

  
12.  Contract No. 8158B Amendment: Gould Evans / Baum Thornley Architects for Architectural and Engineering Services 
From: Board of Library Trustees 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8158B with Gould Evans / Baum Thornley Architects by increasing the spending authority by $15,000 for a revised contracted total amount not to exceed $637,132.
Financial Implications: Measure FF Fund - $15,000
Contact: Donna Corbeil, Library Services, 981-6195
Action:  Adopted Resolution No. 65,816-N.S.

13.  Child Care Subsidy Voucher Program using the Child Care Mitigation Operating Subsidy Fund 
From: Commission on Early Childhood Education
 
Recommendation: Adopt a Resolution approving the Child Care Subsidy Voucher Program using the Child Care Mitigation Operating Subsidy Fund as described in Exhibit A.
Financial Implications: See report
Contact: Tanya Moore, Commission Secretary, 981-6705
Action:  Adopted Resolution No. 65,817-N.S.

Council Consent Items

14.  Opposition to Assembly Bill 1569: Extending Laura's Law, Involuntary Outpatient Commitment 
From: Councilmember Arreguin
 
Recommendation: Send a letter to the California State Legislature expressing opposition to Assembly Bill 1569, which extends the sunset date for Laura's Law (California Welfare and Institutions Code Section 5349.5) to January 1, 2017, to continue to provide counties with the option to implement involuntary outpatient commitment for mentally ill persons.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item removed from agenda by Councilmember Arreguin.

15.  **Removed from Agenda by Councilmember**Parklets Pilot Program From: Councilmember Capitelli 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

 
16. Amendments to the Soft Story Ordinance
 Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
From: Councilmembers Capitelli and Arreguin 
Recommendation: That the City Manager develop language amending BMC 19.39 that would require owners of multi-unit residential buildings of 5 or more units, that have previously been identified by the City of Berkeley as containing soft, weak, or open front stories - "soft story" buildings - to retrofit their buildings within an appropriate time frame as determined by Council.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 510-981-7150 and
Jesse Arreguin, Councilmember, District 4, 510-981-7140
Action: Approved recommendation.  Included in referral is a private right of action for enforcement of the ordinance.
  
17.  Berkeley Partners for Parks to Fund the Berkeley Rose Garden 75th Anniversary Event: Relinquishment of Council Office Budget Funds to General Funds and Grant of Such Funds 
From: Councilmember Wengraf 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to the Berkeley Partners for Parks to fund the Berkeley Rose Garden 75th Anniversary Event with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,818-N.S. amended to include the following contributions up to the amounts listed: Councilmember Wozniak - $200; Councilmember Capitelli - $100; Councilmember Maio - $100; Mayor Bates - $100.

Action Calendar - Public Hearings 

   
18.  Public Hearing and Determination Regarding Revocation of Administrative Use Permit: Acupressure Health Center - 1610 University Avenue 
1610 University Avenue - Administrative Record 
From: City Manager
 
Recommendation: Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.60.050 and, upon conclusion:
1.   Direct staff to return with a Resolution on July 24, 2012 determining that 1610 University Avenue has:  a) Failed to comply with the conditions of Administrative Use Permit No. 10-20000081; and b) Substantially changed in character beyond that set forth in Administrative Use Permit No. 10-20000081under BMC 23B.60, and order that Administrative Use Permit No. 10-20000081 be revoked.
2.   Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.
Financial Implications: None
Contact: William Rogers, City Manager's Office, 981-7000
Public Testimony: The Mayor opened the public hearing. 0 speakers. 
Action: M/S/C (Maio/Moore) to close the public hearing.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes - None; Abstain - None; Absent - Worthington.

Action: M/S/C (Capitelli/Wengraf) to adopt the City Manager's recommendation to:

1.   Direct staff to return with a Resolution on July 24, 2012 determining that 1610 University Avenue has:  a) Failed to comply with the conditions of Administrative Use Permit No. 10-20000081; and b) Substantially changed in character beyond that set forth in Administrative Use Permit No. 10-20000081under BMC 23B.60, and order that Administrative Use Permit No. 10-20000081 be revoked.
2.   Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes - None; Abstain - None; Absent - Worthington.

Councilmember Worthington absent 7:31 p.m. - 7:51 p.m.

 
19.  Public Hearing and Determination Regarding Revocation of Use Permit: Berkeley Alouette - 1443 University Avenue ~1443 University Avenue - Administrative Record
From: City Manager
 
Recommendation: Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.60.050 and, upon conclusion:
1.   Direct staff to return with a Resolution on July 24, 2012 determining that 1443 University Avenue has: a) Failed to comply with the conditions of Use Permit No. 7845; and b) Substantially changed in character beyond that set forth in Use Permit No. 7845 under BMC Chapter 23B.60, and order that Use Permit No. 7845 be revoked.
2.   Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.
Financial Implications: None
Contact: William Rogers, City Manager's Office, 981-7000
Public Testimony: The Mayor opened the public hearing. 0 speakers. 
Action: M/S/C (Moore/Maio) 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 (Moore/Maio) to adopt the City Manager's recommendation to:

1.   Direct staff to return with a Resolution on July 24, 2012 determining that 1443 University Avenue has: a) Failed to comply with the conditions of Use Permit No. 7845; and b) Substantially changed in character beyond that set forth in Use Permit No. 7845 under BMC Chapter 23B.60, and order that Use Permit No. 7845 be revoked.
2.   Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes - None; Abstain - None; Absent - Worthington.

Action Calendar - Old Business 

 
20.  Proposed Revenue Ballot Measures for November 2012 Election(Continued from June 26, 2012) 

a. Analysis of Proposed Revenue Measures for November 2012 
Presentation (PDF)
From: City Manager 
Recommendation: Discuss analysis of measures for the November 2012 ballot, and provide direction regarding any modifications to language for the measures.
Financial Implications: See report
Contact: William Rogers, Interim Deputy City Manager, 981-7000

b.General Obligation Bond Measure for Watershed and Related Street Improvements 
From: City Manager
 
Recommendation:
1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $30 Million for Watershed and Related Street Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for those Improvements.
2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Watershed and Related Street Improvements for Environmental Quality and Flood Mitigation.
3. 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: Zach Cowan, City Attorney, 981-6950

c.General Obligation Bond Measure for Streets and Related Watershed Improvements 
From: City Manager
 
Recommendation: 
1.   Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of either $30 million or $50 million for Street and Related Watershed Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Those Improvements.
2.   Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Street and Related Watershed Improvements.
3.   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: Zach Cowan, City Attorney, 981-6950
Action: 4 speakers. M/S/C (Bates/Moore) Designated Councilmembers Maio and Moore to submit ballot arguments and directed staff to return on July 17, 2012 with modifications to the resolutions in Item 20c to reflect the direction below:
  • $30 million bond
  • No specific percentage split between streets and watershed
  • Add more detail to measure language and ballot label on flooding, Aquatic Park, watershed improvements and Green Infrastructure.

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

  
21.  Contribution Limits on Contractors doing Business with the City(Continued from June 26, 2012) 
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: Item held over to July 17, 2012.

22.  Referral to City Manager: Streamlined Affidavit of Residency Ordinance(Continued from June 26, 2012)
From: Councilmember Arreguin
 
Recommendation: Refer to the City Manager the attached amendment to B.M.C. Section 2.04.145 (the Affidavit of Residency requirement) to develop ordinance language and bring back to Council a proposed Ordinance.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item held over to July 17, 2012.

23.  Referral to City Manager: Comprehensive Single Use Plastic Bag Ban/Paper Bag Fee Ordinance(Continued from June 26, 2012) 
From: Councilmember Worthington
 
Recommendation: Request from the City Manager an estimate of the minimum dollar amount necessary to begin a City of Berkeley Single Use Plastic Bag Ban/Paper Bag Fee Ordinance simultaneous with the County of Alameda for all retail non-restaurant businesses.
Financial Implications: To be determined
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to July 17, 2012.

24.  Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures(Continued from June 26, 2012) 
From: Councilmember Worthington
 
Recommendation: Send a letter to the Alameda County Recorder of Deeds and Sheriff in regards to a local action plan about stopping foreclosures.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to July 17, 2012.

25.  Delivery Vehicles on Telegraph Ave(Continued from June 12, 2012) 
From: Mayor Bates
 
Recommendation: Refer to the Transportation Commission amendments to BMC Chapter 14.56 that would limit deliveries to businesses on Telegraph Avenue between Dwight Way and Bancroft Way to delivery vehicles of 30 feet or less, and only between 6 a.m. and 11 a.m.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: Item removed from agenda by Mayor Bates.

26.  Five-Minute Grace Period at Pay-and-Display Parking Meters(Continued from May 29, 2012) 
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 September 11, 2012.

Action Calendar - New Business 

27.  West Berkeley Project 
From: City Manager 
Recommendation: 
1.   Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments to the West Berkeley Plan and Zoning Ordinance and adopting CEQA findings and the Mitigation Monitoring Program;
2.   Adopt a Resolution placing the attached measure to adopt the Master Use Permit Amendments on the ballot at the November 6, 2012 General Municipal Election.
3.   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.
4.   Adopt a Resolution referring the issues of Community Benefit Agreements, an Aquatic Park Protection Package and site aggregation to the Planning Commission.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: 30 speakers. M/S/C (Moore/Wozniak) to adopt Resolution No. 65,819 -N.S. certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments to the West Berkeley Plan and Zoning Ordinance and adopting CEQA findings and the Mitigation Monitoring Program.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes - Anderson, Arreguin, Worthington.

Action: M/S/C (Maio/Wozniak) to direct staff to return on July 17, 2012 with amendments to the ballot label and to delete Section 23B.36.050.A.3. and related sections from the ordinance.
Vote:  Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Moore/Maio) to adopt Resolution No. 65,820-N.S. referring the issues of Community Benefit Agreements, an Aquatic Park Protection Package and site aggregation to the Planning Commission.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes - Arreguin; Abstain - Anderson, Worthington.

Recess: 10:25 p.m. - 10:33 p.m.

 28.  Sitting on Commercial Sidewalks Ballot Measure 

From: City Manager 
Recommendation:
1.   Adopt a Resolution placing the attached measure to adopt an ordinance prohibiting sitting on commercial sidewalks on the ballot for 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: Zach Cowan, City Attorney, 981-6950
Action: 65 speakers. M/S/C (Arreguin/Worthington) to accept supplemental material on Item 28 from Mayor Bates and Councilmember Arreguin.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes - None; Abstain - None; Absent - Wengraf.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:30 a.m.
Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wozniak, Bates; Noes - Worthington; Abstain - Anderson; Absent - Wengraf.

Recess:  11:51 p.m. - 11:58 p.m.

Action: M/S/C (Bates/Wozniak) to adopt Resolution No. 65,821-N.S. placing the attached measure to adopt an ordinance prohibiting sitting on commercial sidewalks on the ballot for the November 6, 2012 General Municipal Election including the amendments in the Mayor's supplemental item.  
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes - Anderson; Abstain - None; Absent - None; Present - Arreguin, Worthington.

 
29.  Initiative Petition - FACTS Ordinance 
From: City Manager 
Recommendation:  
1.   Adopt a Resolution submitting the 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: Moved to Consent Calendar.  Adopted Resolution No. 65,822-N.S. submitting the Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election.  Designated by motion, Councilmember Capitelli  to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Information Reports 

 
30.  FY 2013-2014 Civic Arts Grant Requests 
From: City Manager 
Contact: Michael Caplan, Economic Development, 981-7530
Action: Received and filed.

31.  48/96 Schedule Information Report - 4th Quarter 
From: City Manager
 
Contact: Debra Pryor, Fire, 981-3473
Action: Received and filed.

32.  Status Report: Leases Audit: Conflicting Directives Hinder Contract Oversight 
From: City Manager 
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

Public Comment - Including Items Not Listed on the Agenda -

Adjournment in memory of:

  • Norman Rabkin
  • Arlene Sagan

Action: M/S/C (Moore/Wozniak) to adjourn the meeting.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes - None; Abstain - None; Absent - None; Present - Anderson, Arreguin, Worthington.

Adjourned at 12:04 a.m.

 Communications 

Legislative Bill Opposition
1.  Jason Scalese, on behalf of the Coalition to Protect Our Freedom to Drive

Berkeley Patients Group
2.  Nunya BNess

Sunshine Ordinance
3.  Ted Edlin

2301 Durant Aveune
4.  Jack Sawyer

Parking Citation Matter
5.  Gayle Cepparo


 Supplemental Communications and Reports 1 

-None

Supplemental Communications and Reports 2 

Item 28: Sitting on Commercial Sidewalks Ballot Measure
6.  Peace & Justice Commission
7.  Patricia Wall
8.  Andrew Phelps
9.  Phoebe Sorgen
10. Nancy Carleton

Supplemental Communications and Reports 3  

Item 16: Amendments to the Soft Story Ordinance
11.   Igor Tregub
12.   Berkeley Property Owners Association

Item 20: Proposed Revenue Ballot Measures for November 2012 Election

  • Presentation, submitted by City Manager's Office (see agenda item)
  1.  Mark Liolios
  2.  Community Environmental Advisory Commission
  3.  Susan Hall

Item 27: West Berkeley Project

  1.  Darrell de Tienne
  2.  West Berkeley Project Area Committee
  3.  Dan Knapp
  4.  Gene Poschman

Item 28: Sitting on Commercial Sidewalks Ballot Measure

  1.  Tom Bates, Mayor
  2.  Jesse Arreguin, District 4
  3.  Rhiannon
  4.  Unknown

Adjournment Honor / Arlene Sagan

  1.  Linda Maio, District 1