General Information
General Information

Regular Meeting Annotated Agenda
November 19, 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, November 19, 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: 7:21 p.m.  All present.

Ceremonial Matters:  

1.     Marc Silber Day in Berkeley.
2.     Proclamation to Honor Shelley Jones, Sean Stallmayer, and Zandra Guiten-Bellard.

City Manager Comments:

1.     Berkeley Half Marathon on November 24.  Traffic impacts on University Avenue 8am-12pm. 

Public Comment on Non-Agenda Matters: 4 speakers.

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

Consent Calendar

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

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 1, 2013 (special and regular), October 8, 2013 (special closed), October 15, 2013 (regular), October 22, 2013 (special closed) and October 29, 2013 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Approved minutes as submitted.

2. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on November 19, 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 - $4,400,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

3. Condominium Conversion Program - Annual Report and Amending BMC Chapter 21.28
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) section 21.28.030.G to clarify the definition of a resident tenant.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted first reading of Ordinance No. 7,316–N.S.  Second reading scheduled for December 3, 2013.

4. Funding Reallocation and Contract Amendments: Winter Homeless Shelter Programs
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to reallocate $103,500 previously budgeted to fund shelter operations and transportation for the Winter Shelter Program at the Oakland Army Base in order to fund additional shelter capacity in Berkeley, and authorizing the execution of resultant agreements and contract amendments for the purpose of expanding winter shelter capacity in FY 2014 with:
1. The Berkeley Food and Housing Project for up to $65,305 for Contract No. 9291;
2. Building Opportunities for Self-Sufficiency for up to $24,300 for Contract No. 9298; and
3. Dorothy Day House for up to $13,895 for Contract No. 9301.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,375–N.S. (Food and Housing); Resolution No. 66,376–N.S. (BOSS); Resolution No. 66,377–N.S. (Dorothy Day).

5. Contract: American Cooling Tower, Inc. for Cooling Tower and Boiler Replacement for 1947 Center Street
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Cooling Tower and Boiler Replacement for 1947 Center Street, Specification No. 113-10734-C; and 2.  Accepting the bid of the lowest responsive and responsible bidder, American Cooling Tower, 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 $387,594.
Financial Implications: Building Purchases and Management Fund - $387,594
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,378–N.S.

6. Purchase Orders: Toter, Incorporated for Refuse and Recycling Roll-Out Carts
From: City Manager
Recommendation: Adopt a Resolution: 1.  Authorizing the City Manager to enter into additional FY 2014 purchase orders with Toter, Incorporated for refuse and recycling rollout carts, for a total FY 2014 amount not to exceed $176,039; and 2.  Authorizing the City Manager to purchase refuse and recycling rollout carts from Toter, Incorporated, piggy-backing off of a National Intergovernmental Purchasing Alliance (NIPA) contract with Toter, for annual expenditures not to exceed:  FY 2015 - $259,659; FY 2016 - $267,448; FY 2017 - $275,472; FY 2018 - $283,736
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,379–N.S.

7. Naming Twain Path No. 68 for Betty Olds
From: Public Works Commission
Recommendation: Adopt a Resolution, by at least a 2/3 majority, renaming Twain Path No. 68 as the Betty Olds Path.
Financial Implications: Unknown
Contact: Jeff Egeberg, Commission Secretary, 981-6406
Action: Adopted Resolution No. 66,380–N.S.

Council Consent Items

8. Recommendation to the Alameda County Board of Supervisors Regarding AB 1421 (“Laura’s Law”) for Mental Health Services
From: Councilmember Maio
Recommendation: Urge the Alameda County Board of Supervisors to adopt the recommendations for improved Mental Health Services as proposed by Health Care Services Director Alex Briscoe, and in particular to approve the pilot of Assisted Outpatient Treatment (AOT) for five seriously ill clients.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Moved to Action Calendar.  29 speakers.  M/S/C (Maio/Moore) to approve the recommendation amended to include a request to the Board of Supervisors to appoint an oversight committee and to encourage Alameda County to increase the number of persons in the pilot program.
Vote: All Ayes.

9. Portable Sign Pilot Program
From: Councilmember Arreguin
Recommendation: Refer to the City Manager, the Commission on Disability, and the Transportation Commission for consideration the expansion of the existing portable sign program that enables businesses to place portable signs on sidewalks and medians.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

10. Salary Study for Mayor and Councilmembers
From: Councilmembers Arreguin and Wozniak
Recommendation: Direct the City Manager to conduct a study regarding the salaries of local elected officials in other jurisdictions (including Charter Cities and Bay Area cities) and including information on how much time Council members in other cities on average dedicate to their Council position or are obligated to dedicate, as well as information on how Council members in other cities are paid (whether by hourly rate or a lump sum stipend). The City Manager should report the results of this salary study to the City Council.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.

11. Support Transgender Rights: Oppose the Deceptively Named Privacy for All Students Campaign
From: Councilmember Worthington
Recommendation: Adopt a Resolution opposing the Privacy for All Students Campaign, a referendum effort to overturn AB 1266, the School Success and Opportunity Act, a bill that provides rights for transgender students.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted Resolution No. 66,381–N.S.  Councilmembers Arreguin, Moore, and Anderson added as co-sponsors.

12. Proclamation to Honor Shelley Jones, Sean Stallmayer, and Zandra Guiten-Bellard for Acts of Heroism and Compassion
From: Councilmember Worthington
Recommendation: Adopt a proclamation to honor Shelley Jones, Sean Stallmayer, and Zandra Guiten-Bellard for saving the life of Mark Schwartz.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted proclamation.

13. City Manager Referral: Establish an Open Data Policy for the City of Berkeley
From: Councilmember Worthington
Recommendation: Refer to the City Manager to review the creation of a resolution establishing an Open Data policy for the City of Berkeley for making public data available in machine readable formats using open data standards.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

14. Support Senate Bill 316 the Postal Service Protection Act of 2013, and Oppose Senate Bill 1486
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution supporting Senate Bill 316 Postal Service Protection Act of 2013 and opposing Senate Bill 1486. Send a copy of the resolution to the President and Vice President of the United States, Majority Leader of the Senate, US Senators Barbara Boxer and Dianne Feinstein, Congress member Barbara Lee, and the United States Postmaster General.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted Resolution No. 66,382–N.S.

Action Calendar – Appeals

15. ZAB Appeal: 3001 Telegraph Avenue
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution approving Administrative Use Permit No. 13-20000024 to establish a quick-service food use within an existing 2,063 sq. ft. commercial tenant space with hours of operation from 5:30 a.m. to 9 p.m. daily and to waive three required off-street parking spaces required with the change of use from general commercial to a food service use, and dismiss the appeal.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
a. Appeal
1.    Andrew Johnson on behalf of the Bateman Neighborhood Association, and James Smith
b. Communication
1.    John Kevlin
Action: 29 speakers.  M/S/C (Bates/Anderson) to set the matter for a public hearing before the City Council.
Vote: All Ayes.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: All Ayes.

Action Calendar - Public Hearings

16. Public Hearing and Levying of Assessments in the Solano Avenue Business Improvement District for 2014
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District", "the Solano BID" or "the BID") for 2014 and, if no majority protest exists, levy annual assessments in the District for calendar year 2014 to finance services and improvements and authorize a fiscal agency contract with Livable Berkeley for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530 

Public Testimony: The Mayor opened the public hearing.  0 speakers.
M/S/C (Moore/Arreguin) to close the public hearing.
Vote: All Ayes.

Action: M/S/C (Worthington/Moore) to adopt Resolution No. 66,383–N.S. confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District", "the Solano BID" or "the BID") for 2014 and, if no majority protest exists, levy annual assessments in the District for calendar year 2014 to finance services and improvements and authorize a fiscal agency contract with Livable Berkeley for receipt and expenditure of District funds.
Vote: All Ayes.

17. Establish the Elmwood Business Improvement District, Levy Assessments in the District for 2014, and Authorize a Contract with the Elmwood Merchants Association
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1.  Adopt first reading of an Ordinance establishing the Elmwood Business Improvement District, including an Advisory Board to make recommendations to the Council on the District, adding Chapter 7.84 of the Berkeley Municipal Code (BMC); and repealing Chapter 7.84 of the BMC originally adopted by Ordinance No. 6,164-N.S.; and
2.  Adopt a Resolution levying assessments in the Elmwood Business Improvement District for calendar year 2014 and giving the City Manager authority to contract with the Elmwood Merchants Association to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention, Resolution No. 66,345-N.S.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing.  5 speakers.
M/S/C (Moore/Maio) to close the public hearing.
Vote: All Ayes.

Action: M/S/C (Worthington/Wozniak) to:
1.    Adopt first reading of Ordinance No. 7,317–N.S.  Second reading scheduled for December 3, 2013.
2.    Adopt Resolution No. 66,384–N.S. levying assessments in the Elmwood Business Improvement District for calendar year 2014 and giving the City Manager authority to contract with the Elmwood Merchants Association to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention, Resolution No. 66,345-N.S.
Vote: All Ayes.

Recess: 9:01 p.m. – 9:16 p.m.

Action Calendar - Old Business

18. Housing Advisory Commission Recommendation Regarding Affordable Housing Impact Fee (Continued from October 15, 2013)

a. From: Housing Advisory Commission 
Recommendation: Accept the proposed changes to the Affordable Housing Mitigation Fee provisions of Berkeley Municipal Code Section 22.20.065, as submitted to Council on July 16, 2013, with certain exceptions regarding 1) the process for determining affordability levels for in-lieu units; 2) correction of certain language included in Paragraph 2.a; 3) the deadline by which applicant developers must pay the Mitigation Fee; 4) the appropriate index for annual adjustments to the Mitigation Fee; and 5-6) actions related to creating a City-maintained waiting list for below-market rate units built pursuant to the Mitigation Fee Ordinance.
Financial Implications: Unknown
Contact: Kate Hartley, Commission Secretary, 981-5411

b. From: City Manager 
Recommendation: Accept the Housing Advisory Commission’s recommendation numbers 2 (correcting a minor wording error) and 4 (indexing the fee); and accept staff’s recommendations numbers 1 (option to provide a range of affordability levels for in-lieu units), 3 (payment of fee required prior to Certificate of Occupancy); 5 and 6 (enhanced access and outreach for marketing of affordable units).
Financial Implications: Unknown
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action: Item 18.b. moved to the Consent Calendar.

19. Referral to City Manager: Changes to the Municipal Code Regarding Affordable Housing Requirement Implementation (Continued from October 15, 2013)
From: Councilmembers Arreguin and Capitelli
Recommendation: Refer to the City Manager and Housing Advisory Commission: 1. The proposed changes to Berkeley Municipal Code (B.M.C.) Section 22.20.065, relating to affordability requirements and implementation of the Affordable Housing Mitigation Fee. Request that the City Manager and HAC review these concepts and provide a recommendation to the City Council on possible changes to the ordinance.  2. Requesting a report from the City Manager about how staff implement the provision allowing for reductions or waiver of fees, B.M.C. Section 22.20.080, including: a. What information is requested of the applicant to provide “satisfactory factual proof” that the waiver/reduction is a “hardship”? b. What process does city staff go through to determine how fee requirements make a project “infeasible”? What standard does the city use to determine “infeasiblity”? The report should also explore requiring that the applicant pay for a third party to evaluate financial information to determine how the fees affect financial feasibility. The City of San Carlos requires the applicant to pay for a third party to evaluate their pro forma to determine whether the fee would make the project infeasible.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Recommendation #2 from Item 19 moved to the Consent Calendar.

20. Update on Monitoring Inclusionary Housing Rental Units (Continued from October 15, 2013)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Moved to the Consent Calendar.

Action Calendar – New Business

21. Recent Change in State Law Affecting Inclusionary Housing
From: City Manager
Recommendation: Direct the City Manager to initiate the process of conducting a nexus study to determine the appropriate affordable housing mitigation fee applicable to new for-sale housing, and pending the outcome of that study and the adoption of such a fee, to impose a condition on all new for-sale developments that might be subject to such a fee requiring them to pay a fee, if and when adopted.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Moved to the Consent Calendar.

22. Authorizing the Issuance of Up To $15,000,000 in General Obligation Bonds for the Measure M – Street and Integrated Watershed Improvements
From: City Manager
Recommendation: Adopt a Resolution ratifying and amending Resolution No. 66,212-N.S. which authorized the issuance of up to $15,000,000 aggregate principal amount of general obligation bonds (Measure M - Street and Integrated Watershed Improvements), approving an official statement and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to the Consent Calendar.  Adopted Resolution No. 66,385–N.S. ratifying and amending Resolution No. 66,212-N.S. which authorized the issuance of up to $15,000,000 aggregate principal amount of general obligation bonds (Measure M - Street and Integrated Watershed Improvements), approving an official statement and authorizing actions related hereto.

23. Update of the 5-Year Street Paving Plan for FY 2014 – 2018, as Adjusted by Measure M Funding Considerations
From: Public Works Commission
Recommendation: Adopt a Resolution: 1. Updating the City's 5-Year Street Paving Plan for FY 2014 - FY 2018, as adjusted by Measure M funding considerations, and  2. Directing staff to prepare the paving plan by June of each year.
Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6406
Action: Moved to the Consent Calendar.  Adopt Resolution No. 66,386–N.S. 1. Updating the City's 5-Year Street Paving Plan for FY 2014 - FY 2018, as adjusted by Measure M funding considerations, and  2. Directing staff to prepare the paving plan by June of each year.

24a. Recommendation Regarding the Soft Story Ordinance 
From: Housing Advisory Commission
Recommendation: With certain exceptions, accept proposed amendments to Chapter 19.39 of the Berkeley Municipal Code that establish an inventory of potentially hazardous buildings containing soft, weak, or open front stories and adopt mandatory seismic retrofit requirements ("Soft Story Ordinance"; "Ordinance").
Financial Implications: Unknown
Contact: Kate Hartley, Commission Secretary, 981-5411

b. Ordinance to Require the Retrofit of Soft, Weak or Open Front Buildings; Amending BMC Chapter 19.39 
Presentation
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Chapter 19.39 of the Berkeley Municipal Code adopting mandatory seismic retrofit requirements for wood-frame buildings with five or more residential units containing soft, weak or open front stories.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: 3 speakers.  M/S/C (Capitelli/Arreguin) to adopt first reading of Ordinance No. 7,318–N.S.  Second reading scheduled for December 3, 2013.  Direction provided to the City Manager to prioritize the retrofit over parking in cases where they conflict and for future discussion to be held by the Council on the issue of financing.
Vote: All Ayes.

25. Create Introductory Project for Sustainable Seafood Labeling 

a.From: Community Environmental Advisory Commission 
Recommendation: Adopt a Resolution authorizing the City Manager to: 1.  Support the policy of sustainable seafood; 2.  Develop a nine-month introductory project with limited funding to Berkeley fresh seafood retailers to provide point of sale information on sustainable seafood; assess the introductory sustainable seafood labeling project at the end of the 9-months; and provide CEAC with this assessment. 3.  Based on the results of the introductory project evaluation, develop an ordinance to require point of sale sustainable seafood labeling by January 1, 2015.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461

b. From: City Manager 
Recommendation: The City Manager recommends that Council refer the timing and funding for the project to be considered as part of the City Work Plan and the budget process.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: Item held over to December 3, 2013.

26a. Request for Multicultural Institute Audit of Services 
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution directing the City Manager to conduct an audit of services provided by the Multicultural Institute (MI), including job placement, community service days, GED classes, and the meals program. The review of MI's services should be completed within the next three months to give MI an opportunity to clarify its programs and outcomes.
Financial Implications: Staff time
Contact: Wing Wong, Commission Secretary, 981-5428

b. Multicultural Institute Site Visit Report 
From: City Manager
Recommendation:
1. Take no action on the Human Welfare and Community Action Commission's recommendation to conduct an audit of the City funded activities provided by the Multicultural Institute.
2. Review and accept staff's site visit report for the Multicultural Institute.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action: Item removed from agenda.

Council Action Items

27. Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
From: Councilmember Arreguin
Recommendation: Refer to the City Manager for incorporation in a draft Tobacco-Free Multi-Unit Housing Ordinance the following proposals: 1. Delay the effective date of the ordinance to May 1, 2014, rather than March 1, 2014 as previously directed by the City Council, so that staff has adequate time to draft amendments based on this referral and bring back a final ordinance for Council adoption. Also delay the requirement that landlords notify tenants effective January 1, 2014. A delayed implementation date would also provide enough time for the city to conduct outreach to owners and tenants of the new requirements and increase smoking cessation resources before the ordinance goes into effect. 2. All initial leases or rental agreements signed on or after May 1, 2014 shall include language expressly prohibiting smoking in the units or in any common areas of a multi-unit residence. 3. That all initial leases or rental agreements signed after May 1, 2014, also notify tenants which units in the building do not have leases which expressly prohibit smoking. 4. Failure to provide either of the lease provisions noted above will allow the new tenant to break the lease without penalty.  (the language proposed by the Manager on October 1st along with the modifications proposed by the Rent Board on October 1st suffices). 5. That the City or Rent Board actively encourage and try to get tenants to sign voluntary lease addendums which prohibit smoking. Any voluntary lease addendum should be on a City/Rent Board developed form. 6. That the Rent Board establish and maintain a registry of all rental units in multi-unit housing indicating which units have leases that expressly prohibit smoking & require owners to notify the Rent Stabilization Board of lease provisions prohibiting smoking, and that the city require that owners of units registered with the Rent Board and those that aren’t registered provide information on which units have no-smoking lease clauses. 7. That owners be required to post signs in common areas of all multi-unit housing indicating smoking is prohibited. 8. That the City allocate staff to enforce violations of this ordinance through an initial investigation, written warning and followed by progressively increasing fines of $250, $500, $1000 and $1,500 for each infraction. Consistent with the previous staff drafted ordinance, there should be a cap on the number of private right of actions that any individual resident may file in a year against another smoking resident. 9. Includes the private right of action but strengthen it by allowing each resident to collect no more than $1,000 in a calendar year through private right of action. Doing this allows us to show that we are not tolerating or condoning smoking but believe that real financial penalties (rather than an unequal risk of lost housing) should be an appropriate penalty that can be applied in a more uniform way. Also making a violation the ordinance an infraction does not give an owner automatic grounds to evict a tenant. Also include the mandatory mediation provisions included in the ordinance proposed by the Manager on October 1, 10. Warnings be required by landlords and by the City before any enforcement action can be taken. The City Council should authorize sufficient staff and a funding source for proper enforcement and outreach. Previously, the City Manager indicated such a program would cost in the neighborhood of $120,000 annually to implement. Councilmember Maio indicated that the inspectors associated with the Rental Housing Safety Program be charged with implementing the Ordinance. If the RHSP fee were increased by $5 per unit, there would be sufficient resources to fund the necessary staff to implement the provisions of the Tobacco-Free Multi-Family Housing Ordinance I am proposing. If there needs to be a specific nexus between a no smoking ordinance and the RHSP program, City staff should explore amending the housing code so that smoking is a violation that can be cited and enforced by RHSP Housing code inspectors.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item carried over to December 3, 2013.

28. Support UFW Efforts to Improve Worker Health and Safety Practices at Darisgold Inc. Dairy Company
From: Councilmember Worthington
Recommendation: Send a letter to Darigold, Inc. dairy company requesting a change in worker health and safety practices at their dairy factories and respond to the United Farm Workers (UFW) request for dialogue.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over December 17, 2013.

Information Reports

29. FY 2013 Year-End Review and FY 2014 First Quarter Review
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.

30. Audit Update: Shelter Plus Care: Fully Compliant but Vulnerable to Staffing Cuts
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Received and filed.

31. Audit Update: Permit Service Center Surprise Cash Count: Need to Address Long Standing Security and Accountability Concerns
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

32. Citywide LED Street Light Replacement - Update on Process
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

33. Alameda County Lead Poisoning Prevention Joint Powers Authority Board of Directors Meeting
From: Councilmember Wengraf
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Received and filed.

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

Adjournment

Adjourned at 11:15 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: Update of the 5-Year Street Paving Plan for FY 2014 – 2018, as Adjusted by Measure M Funding Considerations
1.    Olga Bolotina, on behalf of the Sierra Club Northern Alameda County Group

Item 27: Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
2.    Carol Denney

Response to November 12, 2013 Communication
3.    Jay Kelekian, on behalf of the Rent Stabilization Board

Residential Parking Permit Zone E Request
4.    Jason & Jennifer Brand – Referred to the City Manager by Councilmember Arreguin.

Future of Berkeley Parks
5.    Nancy Carleton

Supplemental Communications and Reports 1

Item 8: Recommendation to the Alameda County Board of Supervisors Regarding AB 1421 (“Laura’s Law”) for Mental Health Services
6.    Candy DeWitt and Patricia Fontana-Narell

Item 15: ZAB Appeal: 3001 Telegraph Avenue
7.    Andrew Zall

Item 27: Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
8.    Housing Advisory Commission

Supplemental Communications and Reports 2

Item 8: Recommendation to the Alameda County Board of Supervisors Regarding AB 1421 (“Laura’s Law”) for Mental Health Services
9.    Candy DeWitt
10. Al DeWitt
11. Gloria Davidson
12. Patricia Fontana-Narell
13. Peter Mantas
14. Joanne Sultar
15. Margot Dashiell
16. Terrie Light
17. Karen Lee
18. Kristina Ragosta
19. Randall Hagar
20. DJ Jaffe (2)
21. Liz Rebensdorf
22. Joanne Brightman
23. Carla Wilson
24. Fawn Dessy
25. Dale Milfay
26. Ednah Friedman
27. David Stark
28. Melinda Daugherty
29. Yvonne Rutherford

Item 15: ZAB Appeal: 3001 Telegraph Avenue
30. Dean Metzger, on behalf of the Berkeley Neighborhoods Council
31. Polly Armstrong, on behalf of the Berkeley Chamber of Commerce
32. Susan Iida
33. Nigel Guest
34. Karl Reeh, on behalf of the LeConte Neighborhood Association

Item 21: Recent Change in State Law Affecting Inclusionary Housing
35. Elizabeth Lam

Item 24b: Ordinance to Require the Retrofit of Soft, Weak or Open Front Buildings; Amending BMC Chapter 19.39
36. Igor Tregub
37. Rent Stabilization Board

Supplemental Communications and Reports 3

Item 8: Recommendation to the Alameda County Board of Supervisors Regarding AB 1421 (“Laura’s Law”) for Mental Health Services
38. Davida Coady
39. Donald Frazier, on behalf of Building Opportunities for Self-Sufficiency
40. Katrina Killian (2)
41. Unknown

Item 15: ZAB Appeal: 3001 Telegraph Avenue
42. Jim Smith (2)
43. John Kevlin

Item 21: Recent Change in State Law Affecting Inclusionary Housing
44. Genevieve Wilson

Item 24: Recommendation Regarding the Soft Story Ordinance
45. Christian Hunter
46. Presentation, submitted by Planning and Development

Item 26: Request for Multicultural Institute Audit of Services
47. Rigoberto Calocarivas, on behalf of the Multicultural Institute

Item 27: Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
48. Spring Chau
49. Serena Chen, on behalf of the American Lung Association
50. Lisa Stephens, on behalf of the Rent Stabilization Board

Fossil Carbon Emissions
51. M. Eid Abdallah

UC Berkeley CampusSafety
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
###