General Information
General Information

Regular Meeting eAgenda
April 30, 2013

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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: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 30, 2013

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location - 260 S. Kalaheo Ave, Kailua, HI

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

Recess Item

1.   Contract No. 7691A Amendment: Inter-West Consulting Group for Plan Checking Services
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess, which authorizes the City Manager to execute an amendment to Contract No. 7691A with Interwest Consulting Group (ICG) for plan checking services, increasing the contract not to exceed amount by $50,000 for a not to exceed amount of $320,000.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Consent Calendar

2.   Amending BMC Chapter 9.32 Massage Ordinance: Exempting Chair Massage
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,283–N.S. amending Sections 9.32.020 and 9.32.060 of the Berkeley Municipal Code to exempt chair massage from the requirement for a massage establishment permit.
First Reading Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent – Moore.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

3.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of March 5, 2013 (special and regular), March 18, 2013 (special closed), March 19, 2013 (specials and regular) and March 26, 2013 (special).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

4.   Adopt the 'Open for Business' Pledge of the East Bay Economic Development Alliance
From: City Manager
Recommendation:
Adopt a Resolution adopting the 'Open for Business' Pledge that has been created and promoted by the East Bay Economic Development Alliance.
Financial Implications: None
Contact: Michael Caplan, Economic Development, 981-7530

5.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on April 30, 2013
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 - $ 1,100,000
Contact: Robert Hicks, Finance, 981-7300

6.   Donation: Berkeley Meals on Wheels Program from Meals on Wheels Client
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation of $3,000 to the Berkeley Meals on Wheels program from a Meals on Wheels client.
Financial Implications: General Fund - $3,000 (donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

7.   Donations: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation:
Adopt a Resolution accepting two donations for $6,641 and $46,486 to the Berkeley Meals on Wheels program from the Alameda County Meals on Wheels Agency.
Financial Implications: Various Funds - $53,127 (donations)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

8.   Grant: Alameda County Transportation Commission for Measure B Paratransit Revenue
From: City Manager
Recommendation:
Adopt a Resolution 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 $252,178 for use during FY 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

9.   Lease of Five City Parcels to Berkeley Housing Authority for the Disposition and Rehabilitation of Affordable Housing by Berkeley 75 Housing Partners L.P.
From: City Manager
Recommendation:
 
1.   Adopt first reading of an Ordinance authorizing the City Manager to: a) Execute a ground lease for seventy years with an option to renew for twenty-nine years with the Berkeley Housing Authority (BHA) for the five parcels of land at 2231 Eighth Street, 1605 Stuart Street, 1812 Fairview Street, 1519 Alcatraz Avenue, and 3016 Harper Street, to be assumed by Berkeley 75 Housing Partners L.P. (Berkeley 75) conditioned upon termination of the existing ground lease with the BHA and the close of Berkeley 75's construction financing for the rehabilitation of the units on the parcels; and b) Execute an Agreement Regarding Assumption of Ground Lease with the Berkeley Housing Authority and Berkeley 75 consenting to the termination of the existing ground lease with the BHA and the close of Berkeley 75’s construction financing for the rehabilitation of the units on the parcels; and
2.   Adopt a Resolution terminating the existing Cooperation Agreement with the BHA upon the transfer of the 75 units of low income rental housing from the BHA to Berkeley 75 Partners L.P.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

10.  Contract No. 7008E Amendment: Hanson Bridgett LLP for Legal Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7008E with Hanson Bridgett LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues.
Financial Implications: General Fund - $40,000
Contact: David Abel, Human Resources, 981-6800

11.  Contract No. 7212C Amendment: Kaiser Permanente Medical Group for Occupational Health Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7212C with Kaiser Permanente Medical Group for Occupational Health Services by increasing expenditure authority in an amount not to exceed $260,000, for a total contract amount of $910,000 through June 30, 2014, for occupational health medical examinations, including pre-employment physicals.
Financial Implications: Various Funds - $260,000
Contact: David Abel, Human Resources, 981-6800

12.  Contract No. 7229 Amendment: Preferred Alliance, Inc. for Drug and Alcohol Testing Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7229 in the amount of $35,000 with Preferred Alliance Inc., a Drug and Alcohol Testing Administrator, for a revised total contract amount not to exceed $120,997, and extending the term of the contract from May 15, 2013 through June 30, 2015.
Financial Implications: Various Funds - $35,000
Contact: David Abel, Human Resources, 981-6800

13.  Supplemental Retirement Plan and Trust Agreement for Sworn Police Employees
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement an amendment to the Berkeley Police Supplemental Retirement Plan, which provides retirement benefits for eligible police officers represented by the Berkeley Police Association (hereinafter Association).  The amendment would limit payments from the Plan to retirees and beneficiaries in pay status as of September 19, 2012.  A premium reimbursement plan would be established in place of the Supplemental Retirement Plan for eligible employees who retire on and after September 19, 2012 and their eligible beneficiaries.  The amendment implements the provisions of the memorandum of understanding between the City and the Association (the "MOU") dated June 26, 2011 – July 5, 2014 pertaining to retiree medical benefits.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

14.  Contract No. 7009 Amendment: 2M Associates for the Bay Trail Extension Project
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 additional construction support services for the Bay Trail Extension Project in an amount not to exceed $23,045 for a total contract amount not to exceed $ 250,184, and extending the contract through December 31, 2013.
Financial Implications: Coastal Conservancy Fund - $23,045
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

15.  Contract: CDM Smith for Parking Data Collection Services for the Berkeley Transportation Action Plan Pilot (goBerkeley)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with CDM Smith for manual parking data collection services for the Berkeley Transportation Action Plan, for an amount not to exceed $200,000 for the period March 1, 2013 through June 30, 2015.
Financial Implications: MTC Fund - $200,000
Contact: Andrew Clough, Public Works, 981-6300

16.  Contract: Kitchell for Inspection and Assessment of City-Owned Buildings
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Kitchell for Inspection and Assessment of City-Owned Buildings for an amount not to exceed $100,000 for the period from June 1, 2013 through March 31, 2014.
Financial Implications: Various Funds - $100,000
Contact: Andrew Clough, Public Works, 981-6300

17.  Purchase Order: Pape Machinery for One Waste Handler Wheel Loader
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order for one waste handler wheel loader with Pape Machinery, in an amount not to exceed $208,000.
Financial Implications: Equipment Replacement Fund - $208,000
Contact: Andrew Clough, Public Works, 981-6300

18.  Prosecute George W. Bush and Co-Conspirators for the Deaths of Alameda County Residents Killed in Iraq
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution sending a letter to Alameda County District Attorney, Nancy O'Malley, urging her to prosecute former President George W. Bush and his co-conspirators for murder for the deaths of Alameda County residents killed in Iraq.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

19.  Audit - Shelter Plus Care: Fully Compliant but Vulnerable to Staffing Cuts
From: Auditor
Recommendation:
Request the City Manager report back by October 29, 2013, 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

Council Consent Items

20.  Divesting from Publicly-Traded Fossil Fuel Companies and Urging CalPERS to Divest its Holdings in Fossil Fuel Companies from Statewide Pension Investments
From: Mayor Bates
Recommendation:
 
1.   Direct the City Manager to prepare a resolution for consideration by the City Council divesting the City of Berkeley from publicly-traded fossil fuel companies in the next five years.
2.   Adopt a Resolution urging CalPERS to divest its own holdings in fossil fuel companies from statewide pension investments.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100

21.  City Manager Referral: Examine the Feasibility of Divesting all City Funds from Fossil Fuel Companies
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to examine the feasibility of divesting all City funds from direct ownership of fossil fuel companies and any commingled funds that include fossil fuel public equities and corporate bonds and send a letter to CalPERS requesting they also consider divesting from fossil fuel companies.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

22.  Divestment from Gun Manufacturers and Tobacco Companies
From: Mayor Bates
Recommendation:
Direct the City Manager to prepare a Resolution for consideration by the City Council amending the City of Berkeley's Investment policy to reflect an official policy of divestment from gun manufacturers and tobacco companies.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

23.  Increase the Minimum Wage in the City of Berkeley
Revised materials
From: Mayor Bates, Councilmembers Arreguin and Worthington
Recommendation:
Request the City Manager draft a minimum-wage ordinance and submit it for review and consideration by the Labor Commission. This ordinance should be similar to the one instituted by the City of San Francisco that came into effect in 2013.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

24.  In Support of SCA 11 (Hancock)
From: Mayor Bates
Recommendation:
Adopt a Resolution supporting SCA 11 which will condition the imposition, extension or increase of a special tax by a local government upon the approval of 55% of the voters.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

25.  Kala Art Institute Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $800 from Mayor Bates and per Councilmember to Kala Art Institute with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Tom Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $800
Contact: Tom Bates, Mayor, 981-7100

26.  Extend Commercial Zoning on Fourth Street and Gilman Street
From: Mayor Bates
Recommendation:
Request the Planning Commission consider expanding Commercial West Berkeley (CW) zoning along:  1) Fourth Street to Virginia Street, 2) Gilman Street from Sixth Street to San Pablo Avenue (precise area indicated on map attached to Council report).
Financial Implications: Increased tax revenue and employment opportunities.
Contact: Tom Bates, Mayor, 981-7100

27.  Status Report of the Vacancy Registration Fee
From: Mayor Bates and Councilmember Arreguin
Recommendation:
Request the City Manager to report on the status of the Vacancy Registration Fee which was approved by the Berkeley City Council on September 20, 2011.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100

28.  Reducing Barriers to the Development of Residential Accessory Dwelling Units
From: Councilmember Maio
Recommendation:
Request that the Planning Commission and Transportation Commission investigate the feasibility of reducing barriers to the development of residential accessory dwelling units (ADUs) and consider allowing them by right if they meet certain pre-conditions.
Financial Implications: Unknown
Contact: Linda Maio, Councilmember, District 1, 981-7110

29.  Referral to Animal Care Commission: Protected Primate Ordinance and Ban on Animal Testing
From: Councilmember Arreguin
Recommendation:
Refer the following issues to the Animal Care Commission for review and request that the Commission make a recommendation on both issues to the City Council, after consulting with City staff:
1.   The proposed Protected Primate Guardianship Ordinance; and
2.   Establishing either an outright ban on animal testing, or restrictions on animal testing in the City of Berkeley. Such legislation could be either in the form of zoning amendments prohibiting animal research in certain zoning districts or a general city policy.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

30.  Supporting Assembly Bill 187, Ammunition Tax
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution supporting Assembly Bill (AB) 187, introduced by Assemblymember Rob Bonta, which would impose a 10% tax on the gross receipts of any retailer from the sale of ammunition sold at retail, as well as an excise tax on the storage, use or consumption of ammunition purchased from a retailer in California. Funds from the taxes would be deposited into a Public Safety Emergency Prevention Fund to support public safety programs in high crime areas. Copies of the Resolution to be sent to Governor Jerry Brown, Senate President Pro- Tem Darrell Steinberg, Senator Loni Hancock, Assembly Speaker John A. Perez, Assemblymember Nancy Skinner and Assemblymember Rob Bonta.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

31.  Proclaiming May as Mental Health Month in the City of Berkeley
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution proclaiming May 2013 as Mental Health Month in the City of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

32.  Referral to City Manager: Restrictions on Check Cashing Stores
From: Councilmembers Arreguin, Anderson, and Moore
Recommendation:
Refer to the City Manager and Planning Commission the issue of amending the Zoning Ordinance to restrict new check cashing stores in Berkeley, and request that the City Manager bring back to Council regulations on new check cashing stores.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

33.  Shielded Outdoor Fixtures in Residential Areas
From: Councilmembers Capitelli and Wengraf
Recommendation:
Refer to the Planning Commission an amendment to the Zoning Code requiring exterior lighting be shielded in a manner which avoids direct glare onto abutting lots in a residential district.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

34.  Berkeley Public Education Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $150 per Councilmember including $150 from Councilmember Wengraf to the Berkeley Public Education Foundation with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $150
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

35.  City Sponsorship of the Centennial Celebration of Rose Walk
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution co-sponsoring the “100th Anniversary of the Rose Walk” event to be held at 12 noon on June 1, 2013 in collaboration with Berkeley Partner for Parks and the Berkeley Historical Society.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

36.  Rose Walk Centennial Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember and Mayor, including up to $250 from Councilmember Wengraf, to the Rose Walk Centennial 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 - $250
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

37.  Policy Statement on Habitable Space Guidelines
Revised materials
From: Councilmembers Wengraf, Maio and Capitelli
Recommendation:
Adopt the following policy statement: Every newly constructed habitable space shall have natural light and ventilation to the extent feasible and consistent with other City of Berkeley health, safety and welfare policies. Common living areas shall be contiguous including kitchen, dining and living areas.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

38.  Proclamation in Honor of the 1st Annual Himalayan Film Festival in Berkeley
From: Councilmember Worthington
Recommendation:
Adopt a proclamation in honor of the 1st Annual Himalayan Film Festival in Berkeley set to take place May 15-19, 2013.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

39.  1st Annual Himalayan Film Festival in Berkeley: Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds
From: Councilmember Worthington
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including up to $500 from Councilmember Worthington to the City of Berkeley Annual Himalayan Film Festival with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Kriss Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

40.**Removed from Agenda by Councilmember**City Manager Referral:  Refer up to $1,300 to the Budget Process to Facilitate Timely Response to Public Record Act (PRA) Requests
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

41.  Support AB 123 (Bonta) School Instruction on Filipino Farm Workers
From: Councilmember Worthington
Recommendation:
Support AB 123 (Bonta) School Instruction on Filipino Farm Workers and send a letter to Assemblymembers Nancy Skinner and Rob Bonta.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

42.  Support HR 1010; The Fair Minimum Wage Act
From: Councilmember Worthington
Recommendation:
Support the Fair Minimum Wage Act.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

43.  Supporting Enforcement of Draft Proposed Rule to Reduce Exposure to Life-Threatening Silica Dust by the Federal Occupational Safety and Health Administration (OSHA)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting the enforcement of a draft proposed rule to reduce exposure to life-threatening silica dust and send a letter to the White House Office of Management and Budget.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

44.  Supporting the Uniting American Families Act (HR 519 and S 296) to Include LGTB Families in Immigration Reform
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting the Uniting American Families Act (HR 519 and S 296) to include LGTB families in comprehensive immigration reform.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

45.  Support HR 532; Private Student Loan Bankruptcy Fairness Act and End Predatory Lending Practices
From: Councilmember Worthington
Recommendation:
Support the Private Student Loan Bankruptcy Fairness Act and send letters to Congresswoman Barbara Lee, Senator Dianne Feinstein, and Senator Barbara Boxer.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

46.  Proclamation Honoring Asian Pacific Islander American Heritage Month
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation honoring May as Asian Pacific Islander American Heritage Month.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

47.  Greenleaf Wellness Group - 1515 Dwight Way: Public Hearing and Determination Regarding a Public Nuisance Under BMC Section 23B.64
Attachment 2 - Admin Record
From: City Manager
Recommendation:
 
1.   Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030 and, upon conclusion, direct staff to return with a Resolution on May 7, 2013 determining that 1515 Dwight Way is in violation of:  1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23A.12.010; 3) Health and Safety Code Section 11362.765(a); and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and
2.   Continue the Council's consideration to May 7, 2013 for adoption of the Resolution.
Financial Implications: None
Contact: Gregory Daniel, City Manager, 981-7000

48.  Allocations of FY 2014-2015 Funds for Community Agencies and Submission of the PY 2013 Annual Action Plan
Revised materials
Presentation
From: City Manager
Recommendation:
Conduct a public hearing on 1) the allocation of funds for community agencies for FY 2013 and 2) the Program Year (PY) 2013 Annual Action Plan (AAP) for federal funds, and upon conclusion: 
1.   Adopt a Resolution: a. Approving proposed funding allocations under the FY 2014 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and  b. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and  c. Allocating 90% of the FY 2014 HOME funds to the Housing Trust Fund, and 10% for program administration; and  d. Authorizing the City Manager to submit the PY 2013 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
2.   Adopt a Resolution approving the City Manager’s proposed FY 2014 CDBG funding for Biotech Partners, Inc. and authorizing the execution of resultant agreements and amendments with Biotech Partners, Inc.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action Calendar – Old Business

49.  Berkeley City Councilmembers Jointly Sign the CREDO Action Keystone XL Pledge of Resistance (Continued from April 2, 2013)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation: For the Berkeley City Council members to jointly sign the CREDO Action Keystone XL Pledge of Resistance.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

50.  City Manager Referral: Allow Video Screen with Advertisements Inside Taxicabs (Continued from April 2, 2013)
From: Councilmember Worthington
Recommendation: Refer to the City Manager a change in the Berkeley Municipal Code, to allow for video screen advertisements to be posted inside taxicabs.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

51.  City Manager Referral: Solarizing & Energy Retrofitting Via a Joint Power Agreement (Continued from April 2, 2013)
Supplemental materials
From: Councilmember Worthington
Recommendation: Referral to City Manager to evaluate the feasibility of the City of Berkeley opting into a Joint Power Agreement (JPA) to add one more tool to increase solarizing and energy retrofitting.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

52.  Pacific Center for Human Growth: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (Continued from April 2, 2013)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Worthington to Pacific Center for Human Growth with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

53.  Telegraph ACTION Plan of Short Term Improvements for 2013 and 2014, to Provide Direction as Requested by City Manager at Worksession (Continued from April 2, 2013)
From: Councilmember Worthington
Recommendation: Telegraph ACTION Plan of short term improvements for 2013 and 2014. Provide direction to the City Manager as requested at the Telegraph work session, to prioritize staff attention amongst the many positive ideas presented.
Financial Implications: Refers $50,500 to the budget process
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

54.  Consider Conversion of Bancroft Way and Durant Avenue into Two-Way Streets
From: Mayor Bates
Recommendation:
Request the City Manager identify a process and cost estimate for inclusion in the FY 2014 Budget and for the City Council to consider the feasibility of converting Bancroft Way and Durant Avenue into two-way streets.  The analysis should include estimates of costs for traffic analysis, traffic control methods, CEQA analysis, and construction. It should also identify possible funding sources, partners, and schedule involved.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

55.  Increase Floor Area Ratio in Southside Plan
From: Mayor Bates
Recommendation:
Request the Planning Commission consider amending the Southside Plan and increase the Floor Area Ratio (FAR) on Telegraph Avenue to allow greater density.
Financial Implications: Increased tax revenue and employment opportunities.
Contact: Tom Bates, Mayor, 981-7100

56.  Upper-Floor Office Use on Telegraph Avenue
From: Mayor Bates and Councilmember Worthington
Recommendation:
Request the Planning Commission consider zoning changes on Telegraph Avenue in the Southside area that would allow office uses above commercial spaces in mixed-use developments.
Financial Implications: Increased tax revenue and employment opportunities.
Contact: Tom Bates, Mayor, 981-7100

57.  Temporarily Relax Quota System on Telegraph Avenue
From: Mayor Bates
Recommendation:
Request the Planning Commission consider zoning changes on Telegraph Avenue in the Southside area to allow a temporary relaxation of the quota system for three years.
Financial Implications: Increased sales tax revenue and employment opportunities.
Contact: Tom Bates, Mayor, 981-7100

58.  Parklets on Telegraph Avenue
From: Mayor Bates and Councilmember Worthington
Recommendation:
Request the City Manager explore the possibility of allowing businesses to lease City yellow zones on Telegraph Avenue in order to install and maintain parklets in yellow zones directly outside of their businesses.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

59.  Sunday Closures of Telegraph Avenue
From: Mayor Bates and Councilmember Worthington
Recommendation:
Request the City Manager identify the costs for possible inclusion in the FY 2014/15 Budget for the City Council to consider the feasibility of regular Sunday closures of Telegraph Avenue and/or adjoining streets in the Southside beginning in spring or summer 2014. The analysis should include estimates of costs for street closure, suggested street boundaries and variations, traffic diversion, event coordination, and other associated staff commitments. The analysis should also identify possible funding sources, partners, and implementation schedule.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

Information Reports

60.  Audit of Citywide Payment-Card Acceptance: Is Cardholder Information Safe?
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

61.  UC Berkeley Long Range Development Plan Transportation Demand Management/Pedestrian FY 2011 - FY 2015 Funding Agreement
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

62.  Summary of Activities for 2012 and Work Plan for 2013
From: Fair Campaign Practices Commission
Contact: Kristy van Herick, Commission Secretary, 981-6998

Public Comment – Including Items Not Listed on the Agenda –

Adjournments in Memory of:

1.    Maudelle Shirek, former City Councilmember
2.    Doris Maslach

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.  Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the City Clerk at 981-6908 or clerk@cityofberkely.info for further information.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

 

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 18, 2013.

Mark Numainville, City Clerk

 

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website.  Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 47: Greenleaf Wellness Group - 1515 Dwight Way: Public Hearing and Determination Regarding a Public Nuisance Under BMC Section 23B.64

1.    Marcia Hoffman
2.    Matthew Pruitt
3.    Rafael Rosario

Bike Signal at Hillegass/Ashby
4.    Christina Telles

Warm Water Pools
5.    Commission on Aging

3001 Telegraph Avenue
6.    Shirley Dean, on behalf of the Berkeley Neighborhood Council

2095 Shattuck Avenue
7.    Michael Katz

Residential Parking Permits
8.    Barbara Weidenfeld

Pension Costs
9.    Barbara Gilbert

Guardrail on Buena Vista Way
10. Jonas & Marilyn Langer

Commercial Lease at 2444 Durant
11. M. Eid Abdallah

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