General Information
General Information

Regular Meeting eAgenda
November 13, 2012

Printer-friendly PDF* 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 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, November 13, 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

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, Acting 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.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,261–N.S. amending the FY 2013 Annual Appropriations Ordinance No. 7,254-N.S. for fiscal year 2013 based upon recommended re-appropriation of committed FY 2012 funding and other adjustments authorized since July 1, 2012, in the amount of $59,102,317 (gross) and $52,866,832 (net).
First Reading Vote: All ayes
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,262–N.S. authorizing the City Manager to lease a surplus City vehicle to 100 Black Men of the Bay Area Community School for official school purposes, including the transport of students to the Oakland campus.
First Reading Vote: All ayes
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt the second reading of three separate Ordinances: 
1.   Ordinance No. 7,263–N.S. amending Berkeley Municipal Code (BMC) Chapter 4.36, Supplementary Retirement and Income Plan I (SRIP I) by repealing and reenacting Sections 601 (Method of distribution), 604 (Payment of small benefits) and adding Section 605 (Rollover); and
2.   Ordinance No. 7,264–N.S. amending Berkeley Municipal Code (BMC) Chapter 4.38, Supplementary Retirement and Income Plan II (SRIP II) by repealing and reenacting Sections 106 (Employee), 107 (Employer), 108 (Fiduciary), 601 (Method of distribution), 604 (Payment of small benefits), 801 (General purpose), 803 (Limitation upon the right to amend); adding Section 605 (Rollover) and Section 606 (Purchase of Permissive Service Credit); and
3.   Ordinance No. 7,265–N.S. amending Berkeley Municipal Code (BMC) Chapter 4.39, Supplementary Retirement and Income Plan III (SRIP III) by repealing and reenacting Sections 604 (Payment of small benefits); adding Section 605 (Rollover) and Section 606 (Purchase of Permissive Service Credit).
The amendments to these Ordinances are intended to bring SRIP I, SRIP II, and SRIP III into compliance with technical changes to the Internal Revenue Code and other Federal laws, rules, and regulations.
First Reading Vote: All ayes
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: Public Works
Recommendation: Adopt second reading of Ordinance No. 7,267–N.S. authorizing the City Manager to accept an Easement Deed Agreement for relocation of sewer pipe facilities with Ms. Susan Beauchamp and Mr. Robin Beauchamp of 459/465 Boynton Avenue, Berkeley.
First Reading Vote: All ayes
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,268–N.S. authorizing the City Manager to accept an Easement Deed Agreement for relocation of sewer pipe facilities with Ms. Maudelle Shirek of 2705 Walker Street, Berkeley.
Financial Implications: None
First Reading Vote: All ayes
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Claim Number GHB 12856IH entitled Kielich v. City of Berkeley, in the amount of $25,000.
Financial Implications: Public Liability Fund - $25,000
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.36, the Transient Occupancy Tax (TOT) Ordinance, to allow hotel/motel assessees to pass through the cost of Berkeley Tourism Business Improvement District (BTBID) assessments to their guests without it being subject to TOT.
Financial Implications: See report
Contact: Michael Caplan, Office of Economic Development, 981-7530
 
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 - $656,961
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Bananas for an amount not to exceed $202,765 for childcare subsidies for low-income Berkeley families from December 1, 2012 through June 30, 2013.
Financial Implications: General Fund - $202,765 (re-allocation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution accepting a $65,908 donation to the Berkeley Meals on Wheels program from the North Berkeley Senior Center Advisory Council.
Financial Implications: Fund Raising Activities - $64,908
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
Recommendation: Adopt a Resolution authorizing the City Manager to:
1.   Accept grant funds from the Berkeley High School Development Group in the amount of $7,150 for the 2012-2013 academic school year to ensure the provision of alcohol and substance use prevention activities and provide related services;
2.   Enter into a personal services expenditure contract with Ralph Cantor, consultant, as a single source vendor, in the amount of $6,800; and
3.   Accept the grant, and execute any resultant revenue and expenditure agreements and amendments.
Financial Implications: One-Time Grant; Special Revenue - $7,150
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a five year revenue grant award from the U.S. Food and Drug Administration (FDA) in the total amount of $350,000, beginning in FY 2013 through FY 2017, for developing and implementing a local Retail Food Safety Program Plan and executing any resultant revenue agreements and amendments.
Financial Implications: $350,000 (grant)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2013 for administering the Workers' Compensation Program, in an amount not to exceed $138,299.
Financial Implications: Workers' Compensation Self-Insurance Fund - $138,299
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt two Resolutions: 
1.   Approving rate changes for the Kaiser Foundation Health Maintenance Organization (HMO) health plans as follows:  2.97% increase for Active Employees;  11.15% increase for Pre-Medicare Eligible Retirees;  (-0.12)% decrease for Senior Advantage (Medicare Supplement) Retirees; and 
2.   Approving rate increases for the Health Net health plans as follows:   7.5% for HMO plan Active Employees;  7.5% for Point of Service (POS) plan Active Employees;  7.5% for Pre-Medicare HMO plan Eligible Retirees;  7.5% for Pre-Medicare POS plan Eligible Retirees;  0.0% for Seniority Plus (Medicare Supplement) Retirees;  9.85% for Health Net POS Post-65 Retirees.
The health plan premium rates will be effective for the period of January 1, 2013 through December 31, 2013.
Financial Implications: Payroll Deduction Trust Fund - $16,542,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with The Framer's Outlet, for an initial term starting February 1, 2013 through January 31, 2018, with an option to extend for an additional 5 years, for the purpose of operating a ready-made frame outlet at 2435 Channing Way in the Telegraph Channing Garage Shops.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items
 
From: Mayor Bates, Councilmembers Anderson and Moore
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Bates to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 2nd Annual Martin Luther King Jr. Celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Fund - $250
Contact: Tom Bates, 981-7100; Max Anderson, Councilmember, District 3, 981-7130; Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Anderson and Worthington
Recommendation: Consider Youth Spirit Artworks request for $50,000 leveraging existing homeless youth services to get and keep homeless youth off Berkeley Streets through art jobs combined with referrals to services and shelter.
Financial Implications: Potentially $50,000
Contact: Max Anderson, Councilmember, District 3, 981-7130
 
From: Councilmembers Arreguín, Anderson and Moore
Recommendation: Adopt a Resolution:
1.   Requesting that the State Board of Equalization and the Alameda County Tax Assessor investigate the continued tax exempt status of Alta Bates Summit Medical Center and
2.   Requiring annual reporting of charity care by nonprofit hospitals to the City of Berkeley.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
 
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 support ACHA-Tibetan Sisterhood, c/o MACHIK, with funds relinquished to the City’s general fund for this purpose that the City of Berkeley provide fiscal sponsorship for the organization’s initial two years from Councilmember Worthington’s discretionary Council Office Budget and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Oakland’s lawsuit and offer legal support, including but not limited to coordinating with the City of Oakland the possibility of filing an amicus brief and providing other legal assistance to the Oakland City Attorney challenging the US Attorney’s attacks on regulated medical marijuana facilities.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting a petition to be sent to UCLA President Robert Block and UC President Mark Yudof to reauthorize the National Dream University (NDU).
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 Hearing
 
Staff shall introduce the public hearing item and present their comments.  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.
 
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 November 27, 2012 determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is in violation of:  1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC Section 23A.12.010 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 November 27, 2012 for adoption of the Resolution.
Financial Implications: None
Contact: Gregory Daniel, Code Enforcement, 981-2492
 
Action Calendar – New Business
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks and Waterfront Commission and repealing Berkeley Municipal Code Chapter 3.36, effective July 1, 2013.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: 
1.   Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 3.27 to create the Recreation and Youth Services Commission.
2.   Adopt a Resolution rescinding Resolution No. 60,342-N.S. creating the Commission on Early Childhood Education, effective December 31, 2012.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to July 1, 2013.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900
 
From: Energy Commission
Recommendation: Send two letters to the East Bay Municipal Utility District (EBMUD) Board of Directors: 1) presenting the City’s recommended basic principles regarding an East Bay community choice aggregation (CCA); and 2) identifying questions and issues that EBMUD should consider in its analysis of CCA.
Financial Implications: See report
Contact: Neal De Snoo, Commission Secretary, 981-7439
 
Information Reports
 
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: Civic Arts Commission
Contact: Mary Ann Merker, Commission Secretary, 981-7533

 
Public Comment – Including Items Not Listed on the Agenda –

 
Adjournment
 
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.
Please refrain from wearing scented products to this meeting.
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 November 1, 2012.

Mark Numainville, CMC, Acting City Clerk


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.

Item 22: Perfect Plants Patient Group – 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance
1.    Barbara Lewis
2.    Christopher Allen
3.    Elizabeth Shafer
4.    Zachary Stauffer
5.    Ryan Kerian, on behalf of the Sacramento Street Improvement Association
6.    65 Form Letters (on file in the City Clerk Department)

Live Oak Theater RFP
7.    Michael Katz

Sikh Temple Matter
8.    Sukh Sekhon

Secondhand Merchandise Sales
9.    Stephanie Pope, on behalf of TVI, Inc. dba Savers

BUSD Superintendent Search Process
10. Carol McGruder

School Programming for the Deaf/Hard of Hearing
11. Melissa Lopez

Mountain Lions
12. Tom Schrag

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