General Information
General Information

Regular Meeting Annotated eAgenda
May 7, 2013

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, May 7, 2013

7:00 P.M.

COUNCIL CHAMBERS - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak


Preliminary Matters

Roll Call: 7:09 p.m.  All present.

Ceremonial Matters: 

  1. Art Contest Winners
  2. Cesar Chavez Essay Contest Winners
  3. Armenian Genocide Commemoration
  4. East Bay Affordable Housing Week
  5. Berkeley Architectural Heritage Month

City Manager Comments: None. 

Public Comment on Non-Agenda Matters: 6 speakers.


 
Public Comment on Consent Calendar and Information Items Only: 4 speakers.

 
Consent Calendar
Action: M/S/C (Arreguin/Moore) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar – Continued Business

A. Lease of Five City Parcels to Berkeley Housing Authority for the Disposition and Rehabilitation of Affordable Housing by Berkeley 75 Housing Partners L.P. (Continued from April 30, 2013)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,284–N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted second reading of Ordinance No. 7,284-N.S.

Consent Calendar
 
1. Amendment: FY 2013 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2013 Annual Appropriations Ordinance No. 7,261-N.S. for fiscal year 2013 based upon other adjustments in the amount of $9,218,905 (gross) and $4,085,858 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted first reading of Ordinance No. 7,285–N.S. Second reading scheduled for May 21, 2013.
 
2. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on May 7, 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 - $476,768
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.
 
3. Contract: Wells Fargo Bank for Banking Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a four-year contract with Wells Fargo Bank to provide a comprehensive range of banking services to the City for the period of June 1, 2013 through May 31, 2017, in an amount not to exceed $4,142,000, with an option for two 3-year extensions for a total of ten (10) years contract amount not to exceed $10,356,000.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Action Calendar.  2 speakers.  M/S/C (Moore/Wozniak) to adopt Resolution No. 66,106–N.S. and to direct the City Manager to provide an annual report on the performance of Wells Fargo including social responsibility requirements.
Vote: Ayes – Maio Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.
 
4. Mental Health Services Act FY12 and FY13 Annual Update
From: City Manager
Recommendation: Adopt a Resolution to approve the Mental Health Services Act (MHSA) Fiscal Years 2012 and 2013 Annual Plan Update to fund local mental health programs and services through June 30, 2014 and authorize the City Manager to forward the update to appropriate state officials.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,107–N.S.
 
5. Contract Amendments: Mental Health Services Act Community Services and Supports, Prevention and Early Intervention, and Innovations
From: City Manager
Recommendation: Adopt fourteen Resolutions authorizing the City Manager to execute amendments totaling up to $534,562 for the following contracts that are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS), Prevention and Early Intervention (PEI), and Innovations (INN) monies, increasing the contract amounts, expending the INN funds by June 30, 2013, extending the CSS contract through September 30, 2013, and extending the PEI and INN contracts through June 30, 2014.
  1. Increasing CSS Contract No. 8439C with Youth Engagement Advocacy Housing (YEAH) by $25,442 for a total contract amount not to exceed $330,746.
  2. Increasing PEI Contract No. 8573C with Albany Unified School District (AUSD) by $53,040 for a total contract amount not to exceed $212,160.
  3. Increasing PEI Contract No. 8801B with Center for Independent Living (CIL) in the amount of $26,520 for a total contract amount not to exceed $79,560.
  4. Increasing PEI Contract No. 8560C with G.O.A.L.S. For Women, Inc. in the amount of $26,520 for a total amount not to exceed $106,080.
  5. Increasing PEI Contract No. 8516C with Pacific Center for Human Growth in the amount of $26,520 for a total contract amount not to exceed $106,080.
  6. Increasing PEI Contract No. 8606C with Youth Engagement Advocacy Housing (YEAH), in the amount of $26,520 for a total contract amount not to exceed $106,080.
  7. Increasing PEI Contract No. 8975A with Berkeley Unified School District (BUSD) in the amount of $35,000 for a total contract amount not to exceed $125,000.
  8. Increasing INN Contract No. 9009 with Albany Senior Center in the amount of $45,000 for a total contract amount not to exceed $94,999.
  9. Increasing INN Contract No. 9029 with Berkeley Food and Housing Project in the amount of $45,000 for a total contract amount not to exceed $94,999.
  10. Increasing INN Contract No. 9008 with Community Health for Asian Americans (CHAA) in the amount of $45,000 for a total contract amount not to exceed $94,999.
  11. Increasing INN Contract No. 9015 with McGee Avenue Baptist Church in the amount of $45,000 for a total contract amount not to exceed $94,750.
  12. Increasing INN Contract No. 9016 with Niroga Institute in the amount of $45,000 for a total contract amount not to exceed $94,999.
  13. Increasing INN Contract No. 9013 with Options Recovery Services in the amount of $45,000 for a total contract amount not to exceed $94,999.
  14. Increasing INN Contract No. 9018 with Pacific Center for Human Growth in the amount of $45,000 for a total contract amount not to exceed $94,999.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted the following resolutions:
1.         Resolution No. 66,108–N.S. (YEAH)
2.         Resolution No. 66,109–N.S. (AUSD)
3.         Resolution No. 66,110 –N.S. (CIL)
4.         Resolution No. 66,111–N.S. (GOALS)
5.         Resolution No. 66,112–N.S. (PEI)
6.         Resolution No. 66,113–N.S. (YEAH)
7.         Resolution No. 66,114–N.S. (BUSD)
8.         Resolution No. 66,115–N.S. (INN)
9.         Resolution No. 66,116–N.S. (INN)
10.       Resolution No. 66,117–N.S. (CHAA)
11.       Resolution No. 66,118–N.S. (INN)
12.       Resolution No. 66,119–N.S. (INN)
13.       Resolution No. 66,120–N.S. (INN)
14.       Resolution No. 66,121–N.S. (INN)
 
6. Classification: Manager of Housing and Community Services
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise and re-title the Housing Services Manager to Manager of Housing and Community Services and reduce the monthly salary by 3% to $9,091 - $11,056 effective May 12, 2013; and abolishing the classification of Community Services & Administration Manager.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 66,122–N.S.
 
7. Classification: Environmental Health Supervisor
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to establish the classification of Environmental Health Supervisor with a monthly salary range of $7,352 to $8,543 effective May 12, 2013.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 66,123–N.S.
 
8. Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2014 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.
Financial Implications: No fiscal impact at this time
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 66,124–N.S.
 
9. Contracts: Technical Planning Services
From: City Manager
Recommendation: Adopt eight Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms for technical planning services for a total contract period of three years:
1.   JWC Urban Design in an amount not to exceed $250,000;and
2.   Architecture+History in an amount not to exceed $250,000; and
3.   Knapp Architects in an amount not to exceed $250,000; and 
4.   Pacific Legacy, Inc. in an amount not to exceed $250,000; and 
5.   Tim Kelley Consulting in an amount not to exceed $250,000; and 
6.   RCC Consultants, Inc. in an amount not to exceed $500,000; and 
7.   Cotton Shires & Associates, Inc. in an amount not to exceed $500,000; and
8.   Square One Productions in an amount not to exceed $500,000.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Adopted the following resolutions:
1.         Resolution No. 66,125–N.S. (JWC)
2.         Resolution No. 66,126–N.S. (Architecture + History)
3.         Resolution No. 66,127–N.S. (Knapp)
4.         Resolution No. 66,128–N.S. (Pacific Legacy)
5.         Resolution No. 66,129–N.S. (Tim Kelley)
6.         Resolution No. 66,130–N.S. (RCC)
7.         Resolution No. 66,131–N.S. (Cotton Shires)
8.         Resolution No. 66,132–N.S. (Square One)
 
10. Contract: Andes Construction, Inc. for Sanitary Sewer Rehabilitation Project on Contra Costa Avenue, Capistrano Avenue, Solano Avenue, The Alameda, and Los Angeles Avenue
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 13-10692-C, located on Contra Costa Avenue, Capistrano Avenue, Solano Avenue, The Alameda, and Los Angeles Avenue; and
2.   Accepting the bid of the lowest responsive and responsible bidder, Andes Construction, Inc.; and
3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $834,368 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $834,368
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,133–N.S.
 
11. Contract: City CarShare for City of Berkeley Fleet Carshare Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with City CarShare to continue the City of Berkeley Fleet Carshare Program, for an amount not to exceed $240,000 for the period July 1, 2013 through June 30, 2015.
Financial Implications: Equipment Replacement Fund - $240,000
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,134–N.S.
 
12. Support SB 391, the California Homes and Jobs Act
From: Housing Advisory Commission
Recommendation: Adopt a Resolution supporting Senate Bill 391, the California Homes and Jobs Act and send a copy of the resolution to State Senator Mark DeSaulnier.
Financial Implications: None
Contact: Kristen Lee, Commission Secretary, 981-5427
Action: Adopted Resolution No. 66,135–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak.

 
Council Consent Items
 
13. Supporting Senate Bill 603, Changes to State Security Deposit Law
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Bill (SB) 603, introduced by State Senator Mark Leno, which would change state Security Deposit law (Civil Code Section 1950.5) to require statewide the payment of interest on security deposits and mandates increased penalties for non-payment of security deposits, in addition to other changes.  Copies of the Resolution to be sent to Governor Jerry Brown, Senate President Pro Tem Darrell Steinberg, Senator Loni Hancock, Senator Mark Leno, Assembly Speaker John A. Perez and Assemblymember Nancy Skinner.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Adopted Resolution No. 66,136–N.S.  Councilmember Worthington added as a co-sponsor.
 
14. Assembly Bill 975: Charity Care
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill (AB) 975 authored by Assemblymembers Bob Wieckowski and Rob Bonta. AB 975 would create uniform standards for transparency and accountability on charity care and community benefit for private, non-profit hospitals.  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, Assemblymembers Nancy Skinner, Bob Wieckowski, and Rob Bonta.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item held over to May 21, 2013.
 
15. Commission Term Limits
From: Councilmembers Capitelli and Wengraf
Recommendation: Refer to the City Manager an amendment to BMC 3.02.040 that imposes an eight-cumulative-year (in any ten year period) term limit for all commissioners now subject to an eight-year consecutive term limit and whose service commenced on or after December 1, 2004.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Moved to Action Calendar.  4 speakers.  Item not completed – held over to May 21, 2013.
 
16. City Manager Referral: Amending Administrative Regulation 1.11: Half-mast to Include Firefighters, Peace Officers, and Any City of Berkeley Employee who Fall in the Line of Duty, and National Tragedies
From: Councilmember Worthington
Recommendation: Refer to the City Manager to amend Administrative Regulation 1.11: half-mast to include firefighters, peace officers, and any City of Berkeley employee who dies in the line of duty.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
 
17. Proclamation in Honor of Mary Rudge
From: Councilmember Worthington
Recommendation: Adopt a proclamation honoring Mary Rudge to be presented at the 11th Annual Berkeley Poetry Festival on May 11, 2013.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.
 
18. Support SB 52: California DISCLOSE Act
From: Councilmember Worthington
Recommendation: Support SB 52: California DISCLOSE Act.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
 
19. Support HR 675-Part Time Worker Bill of Rights
From: Councilmember Worthington
Recommendation: Support HR 675- Part Time Worker Bill of Rights.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak, Bates; Noes – None; Abstain – Capitelli, Wengraf.

  
20. Support SB 240: Require Polling Places on Higher Education Campuses
From: Councilmember Worthington
Recommendation: Support SB 240: Require Polling Places on Higher Education Campuses.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
 
Action Calendar - Appeal

 

21. ZAB Appeal: 1152 Amador Avenue
Administrative Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution to affirm the Zoning Adjustments Board's (ZAB) approval of Administrative Use Permit No. 11-20000034 to enlarge an existing single-family residence from 2,645 square feet to 3,944 square feet by expanding the ground floor and constructing a new third floor, increasing the average height from 22 feet to 28 feet, 9 inches, on a 5,472 square foot parcel, in the R-1 (H) District.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appeal
b. Communications
 
Action: M/S/F (Worthington/Arreguin) to remand appeal points 1 and 3 to the Zoning Adjustments Board.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Capitelli, Wozniak; Abstain – Maio, Moore, Wengraf, Bates.
 
Action: 10 speakers. M/S/C (Capitelli/Wozniak) to adopt Resolution No. 66,137–N.S. affirming the Zoning Adjustments Board's (ZAB) approval of Administrative Use Permit No. 11-20000034 to enlarge an existing single-family residence from 2,645 square feet to 3,944 square feet by expanding the ground floor and constructing a new third floor, increasing the average height from 22 feet to 28 feet, 9 inches, on a 5,472 square foot parcel, in the R-1 (H) District.
Vote: Ayes – Maio Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

 Action Calendar - Public Hearings
 
22. Public Hearing: FY 2014 Street Light Assessment
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution: 
1.   Confirming the assessments in the Engineer's Report, dated January 2013, and
2.   Authorizing the levying of FY 2014 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing.  3 speakers. 
M/S/C (Moore/Arreguin) to close the public hearing.
Vote: Ayes – Moore, Anderson, Arreguin, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio, Capitelli, Wengraf.
Action: M/S/C (Worthington/Arreguin) to adopt Resolution No. 66,138–N.S.
1.   Confirming the assessments in the Engineer's Report, dated January 2013, and
2.   Authorizing the levying of FY 2014 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio.
 
Councilmember Wengraf absent 8:55 p.m. – 9:00 p.m.
Councilmember Capitelli absent 8:56 p.m. – 9:03 p.m.
Councilmember Maio absent 8:57 p.m. – 9:08 p.m.
Recess: 9:08 p.m. – 9:17 p.m.
 
23. Public Hearing #1: City Council Redistricting Plan
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, evaluate plans submitted by the public, and provide direction to staff on the elements of a preferred plan to be considered and finalized at the second public hearing on July 2, 2013.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Public Testimony: The Mayor opened the public hearing. 19 speakers. Public hearing continued to July 2, 2013. 
Action: M/S/C (Wozniak/Moore) to focus consideration of redistricting proposals to the Berkeley Student District Campaign and Eric Panzer (Edge Simplicity) for the second public hearing on July 2, 2013.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.
Action: M/S/C (Maio/Capitelli) to suspend the rules and extend the meeting to
11:30 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.

Action Calendar - Continued Business 
 
B. Extend Commercial Zoning on Fourth Street and Gilman Street (Continued from April 30, 2013)
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
Action: 1 speaker.  Item held over to May 28, 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
Action: Item continued to May 21, 2013.
 
D. City Manager Referral: Solarizing & Energy Retrofitting Via a Joint Power Agreement (Continued from April 30, 2013)
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
Action: Moved to Consent Calendar.  Approved Councilmember Worthington’s recommendation to refer to the 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 and include the Mayor’s Memo in the referral.
 
 
Action Calendar – Old Business
 
24. Draft Mayor and Council Office Budget Donation Policy (Continued from April 2, 2013)
From: City Manager
Recommendation: Provide comments on a draft Mayor and Councilmember Office Budget Donation policy and, if appropriate, provide direction to the City Manager to return with a draft Resolution modifying the policy for the City Council's consideration.
Financial Implications: No direct fiscal impacts
Contact: Christine Daniel, City Manager, 981-7000
Action: Item continued to May 21, 2013.
 
25. Paperless Agenda Packet Program
From: City Manager
Recommendation: Review and discuss the proposed Paperless Agenda Packet Program scheduled to be implemented in Fiscal Year 2013 and 2014.
Financial Implications: Estimated savings of approximately $44,000 over four years.
Contact: Mark Numainville, City Clerk, 981-6900
Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to review and discuss the proposed Paperless Agenda Packet Program scheduled to be implemented in Fiscal Year 2013 and 2014.
 
26. Tobacco Free Multi-Unit Housing: Amending Berkeley Municipal Code Chapter 12.70
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.70 to prohibit tobacco smoking which involuntarily exposes neighbors to secondhand smoke  in all multi-unit housing in the City with enforcement through private right of action; to require that all new leases include a non-smoking clause; and to permit any tenant who is involuntarily exposed to tobacco smoke to terminate his or her lease without penalty if the landlord fails to include or enforce the non-smoking clause.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: 2 speakers.  Item held over to May 28, 2013.
 
27. Berkeley Bike Sharing Program
From: Councilmember Moore
Recommendation: Direct the City Manager to develop a bike sharing program for the City of Berkeley for Council adoption in 6 months.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Moved to Consent Calendar.  Approved Councilmember Moore's revised recommendation to refer the development of a bike sharing program to the City Manager for analysis.  Councilmember Worthington added as a co-sponsor.
 
28. Referral to City Manager: Amendments to Affordable Housing Fee Ordinance
From: Councilmember Arreguin
Recommendation: Refer to the City Manager and Housing Advisory Commission:   1. The proposed changes below to Berkeley Municipal Code (B.M.C.) Section 22.20.065 (Affordable Housing Fee Ordinance) for review and recommendation, and to develop an ordinance for Council discussion and action. 
2. Amendments to Berkeley Municipal Code (BMC) Section 22.20.080 (Hardship waiver) to establish more specific criteria for determining whether the fee requirements make a project infeasible and therefore make it eligible for a fee reduction. Is there a baseline standard that staff uses? A specific rate of return on the project? Additionally, explore removing language allowing fees to be waived entirely.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Item held over to May 21, 2013.

Information Reports

29. Lack of Support for Payroll Adjusting Journal Entries: Grant Revenue at Risk?
From: City Manager 

Contact: Robert Hicks, Finance, 981-7300
Action: Received and filed.
 
30. Draft Mayor and Council Office Budget Donation Policy
From: Councilmember Arreguin
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Received and filed.

 
Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

 
Adjournment
Adjourned at 11:30 p.m.

 
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 23: Public Hearing #1: City Council Redistricting Plan
1.    Curtis Manning
2.    Jack Litewka

Item 26: Tobacco Free Multi-Unit Housing: Amending Berkeley Municipal Code Chapter 12.70
3.    Housing Advisory Commission
Cable Wake Park
4.    Jeremy Blanchard
Claim Denials
5.    Richard Berkeley
CalPERS Changes
6.    Barbara Gilbert
Review of Eye Witness Testimony Policy
7.    Police Review Commission

 
Supplemental Communications and Reports 1
Item 21: ZAB Appeal: 1152 Amador Avenue
8.    Colin McGuire
Item 23: Public Hearing #1: City Council Redistricting Plan
9.    Alfred Twu

 
Supplemental Communications and Reports 2
Item 26: Tobacco Free Multi-Unit Housing: Amending Berkeley Municipal Code Chapter 12.70
10. Cynthia Hallett, on behalf of Americans for Nonsmokers’ Rights (ANR)
11. Housing Advisory Commission
12. Berkeley Rent Stabilization Board and the Community Health Commission
13. Deb Jacklin
14. Igor Tregub

 
Supplemental Communications and Reports 3
Item 14: Assembly Bill 975: Charity Care
15. Rebecca Rozen, on behalf of the Hospital Council
16. Angelica Gonzalez, on behalf of Kaiser Permanente
Item 21: ZAB Appeal: 1152 Amador Avenue
17. Colin McGuire
18. Todd Forbush and Hillary Metz
Eids TV
19. M. Eid Abdallah
 
Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###