General Information
General Information

Regular Meeting Annotated Agenda
September 17, 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: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 17, 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: 7:00 p.m.  All present.

Ceremonial Matters:  

  1. International Assistance Dog Week
  2. Shoreline Clean Up Day – September 21, 2013
  3. Roger Dillahunty Day in Berkeley – September 17, 2013

City Manager Comments: None.  

Public Comment on Non-Agenda Matters: 3 speakers.

Public Comment on Consent Calendar and Information Items Only: 0 speakers.

Consent Calendar

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

Consent Calendar – Continued Business

A. Sidewalk Vending Ordinance, Amending BMC Chapter 9.48 (Continued from September 10, 2013)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,307-N.S. amending Berkeley Municipal Code Section 9.48.045.B.1 to correct an inadvertent error.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: William Rogers, City Manager’s Office, 981-7000
Action: Adopted second reading of Ordinance No. 7,307-N.S.

B. Amend BMC Section 14.52.120 Parking Meter and Pay-and-Display Station Fees to Reduce the Minimum Transaction Amount for Cash Payment (Continued from September 10, 2013)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,308-N.S. amending Berkeley Municipal Code Section 14.52.120 Parking Meter and Pay-and-Display (P&D) Station fees to eliminate the 12 minute minimum transaction amount for cash payment at parking meters and P&D Stations; so that each coin type accepted by the meter will purchase parking time on the meters.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,308-N.S.

C. Amendments to the Berkeley Election Reform Act - Electronic Filing (Continued from September 10, 2013)
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,309-N.S. amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to provide for the electronic filing of campaign statements and reports and to designate the electronic filing as the filing of record.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Kristy Van Herick, Commission Secretary, 981-6950
Action: Adopted second reading of Ordinance No. 7,309-N.S.

Consent Calendar

1. Emergency Standby Officers for the Mayor and Councilmembers
From: City Manager
Recommendation:
Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 65,323-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Adopted Resolution No. 66,311–N.S.

2. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on September 17, 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 - $2,892,600
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

3. Contract No. 8960A Amendment: W.R. Forde for Transfer Station Green Waste Fluid Separation Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8960A with W.R. Forde Associates for the provision of construction services, increasing the amount by $28,453 for a revised total contract not to exceed $548,453.
Financial Implications: Refuse Collect Disposal Fund - $28,453
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,312–N.S.

Council Consent Calendar

4. Appoint Daniel Rossi to the Berkeley Housing Authority
From: Mayor Bates
Recommendation:
Adopt a Resolution appointing Daniel Rossi to the Berkeley Housing Authority.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Adopted Resolution No. 66,313–N.S.

5. Red Curb Installation at Sacramento Street and Allston Way
From: Councilmember Arreguin
Recommendation:
Direct the City Manager to mitigate the line-of-sight issue at the corner of Sacramento Street and Allston Way with alternative methods, such as signage and traffic light operation, and to restore the curbside parking spaces lost in the City’s initial mitigation.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

6. Proclamation Declaring October 5, 2013 as Indigenous Peoples Day and Approving City Co-Sponsorship
From: Councilmembers Arreguin and Worthington
Recommendation:
Approve a proclamation: 1. Declaring October 5, 2013 as Indigenous Peoples Day in the City of Berkeley; and 2. Approving City co-sponsorship of the 2013 Indigenous Peoples Day event.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Adopted proclamation.

7. Support for AB 49 (Buchanan) Creating a Breast Cancer Awareness Specialized Pink License Plate
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution supporting AB 49 (Buchanan).  Request that the City Clerk send copies of the adopted resolution to Governor Jerry Brown, Assemblywoman Joan Buchanan, Assemblywoman Nancy Skinner and State Senator Loni Hancock.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Adopted Resolution No. 66,314–N.S.

8. Proclamation in Honor of Bisexual Pride Day and Bi Visibility Day
From: Councilmembers Worthington, Anderson, Moore, and Arreguin
Recommendation:
Adopt a proclamation that September 23, 2013 is Bisexual Pride Day and Bi Visibility Day in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted proclamation.

9. Establish an Annual City Manager Evaluation Policy
From: Councilmember Worthington
Recommendation:
Establish a policy to conduct an annual performance evaluation of the City Manager in order to ensure an efficient and competent workforce.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  M/S/C (Maio/Capitelli) to table the item.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

10. Manager Referral: Berkeley Animal Shelter Lost Pet Photographs
From: Councilmember Worthington
Recommendation:
Refer to the City Manager that lost pets brought to the Berkeley Animal Shelter have their photos taken as soon as possible so that they can be displayed online for the public to see.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

11. Support Proclamation for National Coming Out Day October 11, 2013
From: Councilmembers Worthington, Anderson, Moore, and Arreguin
Recommendation:
Support a proclamation for National Coming Out Day on October 11, 2013.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted proclamation.

Action Calendar - Continued Business

D.  Support Survivors of Sexual Violence by Sending a Letter to the Department of Education to Protect Assaulted Students, and Support Local Sexual Assault and Awareness Day (Continued from September 10, 2013)
Revised Material
From: Councilmember Worthington
Recommendation:
Send a letter to the Department of Education in support of the recent petition that urges the Department of Education to hold Universities accountable to Title IX and support sexually assaulted students, and support local sexual assault and awareness day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: M/S/C (Worthington/Maio) to accept supplemental material from Councilmember Worthington on Item D.
Vote: All Ayes.
Action: 2 speakers.  M/S/C (Worthington/Capitelli) to adopt the item including the letter provided in the supplemental material.
Vote: All Ayes.

E. City-owned Retail Space at Telegraph Channing Mall (Continued from September 10, 2013)
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
Action: 11 speakers. Referred to City Manager to meet with the tenants of the Telegraph Channing Garage, review the leases, look at comparable rents in the area, review the rent increase amounts, and postpone the execution of a contract with a management company until after staff reports back to Council.

F. Update on the Status of Electric Vehicle Infrastructure in Berkeley  (Continued from September 10, 2013)
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: 3 speakers.  M/S/C (Wengraf/Moore) To request that the City Manager determine appropriate staff and commissions to develop standards, conditions and guidelines for a pilot program to allow for Electric Vehicle charging in the Public Right of Way and return to City Council by the end of the fiscal year with a proposed solution to this challenge.
Additionally, direct the City Manager to move forward with aggressively seeking funding to install 1 dual port Level 2 charging station in the Oxford Plaza garage and 1 dual port Level 2 charging station in the Channing/Telegraph garage.  Explore the possibility of using funds from Vehicle License and Smog Abatement fees (AB 118) to contribute to the costs. 
Vote: All Ayes.

Recess: 8:43 p.m. – 8:55 p.m.

Action Calendar - Old Business

12. Medical Cannabis Ordinance Revisions and Dispensary Selection Process (Continued from June 11, 2013)

a. From: Medical Cannabis Commission
Recommendation: 
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 12.26.030;
2. Adopt first reading of an Ordinance adding BMC Chapter 12.27, including the Medical Cannabis Commission's recommendations(Alternative A);
3. Adopt a Resolution establishing a ranking process for the selection of additional medical cannabis dispensaries in Berkeley; and
4. Refer to the Planning Commission an amendment to BMC Section 23E.16.070 to increase the number of dispensaries permitted from four to six.
Financial Implications: See report
Contact: Beth Greene, Commission Secretary, 981-7484

b. From: City Manager 
Presentation
Recommendation: 
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 12.26.030;
2. Adopt first reading of an Ordinance adding BMC Chapter 12.27, including the staff recommendations (Alternative B);
3. Adopt a Resolution establishing a ranking process for the selection of additional medical cannabis dispensaries in Berkeley; and
4. Refer to the Planning Commission an amendment to BMC Section 23E.16.070 to increase the number of dispensaries permitted from four to six.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: 6 speakers.  To carry forward the item as written and  also look at following questions: limit the number of members in a collective; product testing by dispensaries--both smoked and edibles; selection of fourth dispensary--review process especially at what point location is considered; require audit of financials for dispensaries; review compensation for principals--how is it defined; increase grace period for existing dispensaries; allow digital records; change closing time for collectives; require home occupation permits for collectives; review lighting requirements.  Staff to work with the Medical Cannabis Commission and return to Council.

Action: M/S/C (Arreguin/Maio) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: All Ayes.

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

Action: M/S/C (Arreguin/Maio) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: All Ayes.

13a. Reducing Exposure to Mercury in Dental Amalgam by Informed Consent (Continued from July 16, 2013)
From: Community Health Commission
Recommendation: Adopt a Resolution requiring dentists practicing in Berkeley to:   1. Avoid or limit use of mercury dental amalgam, 2. Obtain documented informed consent from the patient before placement of each dental amalgam, and 3. Follow applicable regulations regarding dental amalgam practices and separators preventing mercury from reaching the environment.
Financial Implications: See report
Contact: Janet Berreman, Commission Secretary, 981-5301

b. Reducing Exposure to Anthropogenic Mercury  (Continued from July 16, 2013)
From: Community Environmental Advisory Commission
Recommendation: Adopt a Resolution: 1. Strongly supporting local, national, and worldwide efforts to reduce exposure to anthropogenic mercury; 2. Encouraging dentists practicing in Berkeley to limit use of mercury dental amalgam; 3. Requesting DBC to remind dentists that they have a legal obligation to provide fact sheet to new patients and to patients on their initial amalgam application; 4. Requiring dental offices to: a. Post standard Proposition 65 labels or posters regardless of the number of employees, b. Require all dentists to provide the Dental Board of California’s Dental Materials Fact Sheet at each dental amalgam application; 5. Directing staff to write a letter to the Dental Board of California to update Dental Material Fact Sheet; 6. Supporting continued education and advisories for Berkeley residents about potential risks associated with consuming fish caught in the Berkeley Marina and exposure to mercury from other sources; 7. Directing staff to provide copies of this resolution to the city's state and federal representatives and to the other cities in Alameda County with a request that they use their authority to take the necessary steps to phase-down the use of mercury in dentistry; 8. Writing to FDA and National Institute of Health (NIH) evaluate the knowledge gaps in risks of dental amalgam; 9. Supporting the United Nations efforts on use of mercury products; 10. Writing to the World Health Organization (WHO) to pledge support for the phase down of use of dental mercury; and, 11. Directing staff to continue educating the community on dental amalgam and other products containing mercury.
Financial Implications: Minimal fiscal impact
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461

c. Reducing Exposure to Anthropogenic Mercury (Continued from July 16, 2013)
From: City Manager
Recommendation: Adopt a Resolution recommending that dentists in Berkeley take specific actions to reduce the use of dental amalgam and educate the public on its risks and benefits; continue education on reducing the exposure dental amalgam and other sources of anthropogenic mercury within the City; distribute the Resolution to the City's state and federal representatives and other cities in Alameda County; and write letters to the U.S. Food and Drug Administration, the National Institute of Health, and the World Health Organization regarding the need for more research on dental amalgam and support for phasing down its use whenever possible.
Financial Implications: Minimal
Contact: Eric Angstadt, Planning and Development, 981-7400; Jane Micallef, Health, Housing, and Community Services, 981-5400

Action: See Item 15.


Council Action Items

14. Mercury Dental Amalgams
From: Councilmember Arreguin
Recommendation:
 
1. Refer to the Agenda Committee the scheduling of a Work Session on Dental Amalgam.
2. Refer to the Work Session and for future City Council discussion all the proposed recommendations, proposals, including the ordinance, by the Community Environmental Advisory Commission, Community Health Commission, City Manager, and City Councilmembers Capitelli, Maio, and Arreguin.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: See Item 15.

15. Proposed Council Resolution Regarding Dental Amalgams
Revised Material
From: Councilmembers Capitelli and Maio
Recommendation:
Adopt a Resolution recommending that dentists in Berkeley educate their patients on the risks and benefits of dental amalgams and composite restorations; continue education on dental amalgam and other sources of anthropogenic mercury within the City; distribute the Resolution to the City's state and federal representatives and other cities in Alameda County; and write letters to the U.S. Food and Drug Administration, the National Institute of Health, and the World Health Organization regarding the need for more research on dental amalgam and support for phasing down its use whenever possible.
Financial Implications: Minimal
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action: M/S/Failed (Anderson/Arreguin) to schedule a City Council Worksession on Dental Amalgam.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Capitelli, Wengraf, Wozniak; Abstain – Moore, Bates.

Action: 48 speakers. M/S/C (Maio/Capitelli) to accept supplemental material from Councilmembers Maio and Capitelli on Item 15, request that State Senator Hancock or State Assemblymember Skinner request an opinion from the Attorney General on the issue of pre-emption and the City’s ability to regulate dental practices in Berkeley, and adopt Resolution No. 66,315-N.S. as amended to read:

WHEREAS, the City of Berkeley is charged with protecting the public health and welfare of its residents; and 

WHEREAS, the City of Berkeley has adopted the precautionary principle, where threats of serious or irreversible damage to people or nature exist, lack of full scientific certainty about cause and effect shall not be viewed as sufficient reason for the City to postpone measures to prevent the degradation of the environment or protect human health; and

WHEREAS some members of the public have expressed serious concern about the safety of dental amalgam; and

WHEREAS, the U.S. Food and Drug Administration’s (FDA) most recent labeling instructions to dentists on amalgam state that "very limited to no clinical information is available regarding long-term health outcomes in pregnant women and their developing fetuses, and children under the age of six, including infants who are breastfed"; and

WHEREAS, on average about 25% of cavities restored in the city of Berkeley are filled with dental amalgam containing mercury; and

WHEREAS, the scientific debate continues on whether the mercury in dental amalgam poses a risk to the population; and

WHEREAS, the Berkeley City Attorney has determined that requiring local dentists to take specific actions is preempted by state law; and

WHEREAS, the Community Health Commission (CHC) and Community Environmental Advisory Commission (CEAC) made specific recommendations, many of which have been incorporated into this resolution.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that, as recommended by the Community Health Commission, dentists practicing in Berkeley are urged to follow applicable regulations regarding dental amalgam practices and separators preventing mercury from reaching the environment.

BE IT FURTHER RESOLVED that the City:

1. Strongly support local, national, and worldwide efforts to reduce exposure to anthropogenic mercury;
2. Encourage dentists practicing in Berkeley to consider limiting the use of or transitioning away from dental amalgam;
3.    Request the Dental Board of California (DBC) to remind dentists that they have a legal obligation to provide the DBC fact sheet to all new patients and to existing patients of record on the initial placement of any dental restoration including and not limited to amalgams and composites;
4.    Request dental offices to:
a. Post standard Proposition 65 labels or posters regardless of the number of employees
b. provide the Dental Board of California’s Dental Materials Fact Sheet to each patient;
5.    Direct staff to write a letter to the DBC to update Dental Material Fact Sheet;
6.    Support continued education and advisories for Berkeley residents about potential risks associated with consuming fish caught in the Berkeley Marina and exposure to mercury from other sources;
7.    Direct staff to provide copies of this resolution to the City's state and federal representatives and to the other cities in Alameda County with a request that they use their authority to take the necessary steps to phase-down the use of mercury in dentistry;
8.    Write to the FDA and National Institute of Health (NIH) to evaluate the knowledge gaps in risks of dental amalgam;
9.    Support the United Nations efforts on use of mercury products;
10. Write to the World Health Organization (WHO) to pledge support for the phase down of use of dental mercury; and
11. Insist that dentists follow applicable regulations regarding dental amalgam practices and the use of separators to prevent mercury from reaching the environment.

Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Information Reports

16. Final Status Report- Employee Benefits: Tough Decisions Ahead
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.

17. Establish City Manager Evaluation Process Evoking the Brown Act and Contracting with a Firm to Administer the Evaluation
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 3 speakers.

Adjournment

Adjournment in memory of

1.    Cheryl Marie Wade, Performer, Disability Advocate

Adjourned at 12:00 a.m.

Communications
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.

Advertising Planes
1.    Sabina McMurtry

Supplemental Communications and Reports 1

Item 12: Medical Cannabis Ordinance Revisions and Dispensary Selection Process
2.    Supplemental materials, submitted by the Planning & Development Department

Item 13: Exposure to Mercury in Dental Amalgam
3.    Anita Tibau
4.    David Kennedy

Item 14: Mercury Dental Amalgams
5.    Supplemental materials, submitted by Councilmember Arreguin

Item 15: Proposed Council Resolution Regarding Dental Amalgams
6.    Jennifer Guy
7.    Damian Moskovitz

Supplemental Communications and Reports 2

Item 5: Red Curb Installation at Sacramento Street and Allston Way
8.    Alana Shindler
9.    Loren Linnard
10. Phyllis Nissenoff
11. Judith Kunitz
12. Frank Greenspan

Item 12: Medical Cannabis Ordinance Revisions and Dispensary Selection Process
13. Jenny Collins

Items 13-15: Mercury Dental Amalgams
14. Anita Tibau
15. Sandra Nixon
16. Marisa Russo

Supplemental Communications and Reports 3

Item D: Support Survivors of Sexual Violence by Sending a Letter to the Department of Education to Protect Assaulted Students, and Support Local Sexual Assault and Awareness Day
17. Revised materials, submitted by Councilmember Worthington

Item E: City-owned Retail Space at Telegraph Channing Mall
18. Unknown (2)

Item F: Update on the Status of Electric Vehicle Infrastructure in Berkeley
19. Unknown

Item 12: Medical Cannabis Ordinance Revisions and Dispensary Selection Process
20. Presentation, submitted by Planning & Development
21. Charles Pappas
22. Jeff Green & Associates

Item 15: Proposed Council Resolution Regarding Dental Amalgams
23. Revised materials, submitted by Councilmembers Capitelli and Maio
24. Unknown (An assortment of brochures, pamphlets and discs available for viewing in the City Clerk’s Office)

Genetically Modified Organisms
25. M. Eid Abdallah

 
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