General Information
General Information

Regular Meeting eAgenda
December 3, 2013

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: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 3, 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

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

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

Preliminary Matters

Roll Call:

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

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

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

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

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

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

Consent Calendar

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

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

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

1.   Condominium Conversion Program - Annual Report and Amending BMC Chapter 21.28
From: City Manager
Recommendation:
Adopt second reading of Ordinance No.7,316-N.S. amending Berkeley Municipal Code (BMC) section 21.28.030.G to clarify the definition of a resident tenant.
First reading vote: All ayes.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

2.   Establish the Elmwood Business Improvement District, Levy Assessments in the District for 2014
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,317-N.S. 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.
First reading vote: All ayes.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

3.   Ordinance to Require the Retrofit of Soft, Weak or Open Front Buildings; Amending BMC Chapter 19.39
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,318-N.S. 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.
First reading vote: All ayes.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

4.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on December 3, 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: General Fund - $80,000
Contact: Robert Hicks, Finance, 981-7300

5.   FY 2014 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for Business License Tax on large non-profits at $0.5330 (53.30 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

6.   Revenue Grant: FEMA Assistance to Firefighters Grant Program to Fund Acquisition of a Transport Ambulance
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency's (FEMA) Assistance to Firefighters Grant (AFG) program in the amount of $225,250 and authorizing the use of $39,750 in local matching funds, to purchase one transport ambulance and equipment.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473

7.   Revenue Agreement: California DHCS for Ground Emergency Medical Transportation Services Reimbursement Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a revenue agreement with the California Department of Health Care Services (DHCS), and any amendments and/or supplemental agreements thereto, including any changes to the projected annual revenue amount, for the supplemental reimbursement of Ground Emergency Medical Transportation (GEMT) services to Medi-Cal beneficiaries, for the period commencing retroactively on January 30, 2010 until the agreement is terminated or the GEMT program ends pursuant to the repeal of State or federal statutory authority to make payments or claim federal reimbursement.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473

8.   Community Workforce Agreement: Recommendation to Extend the Term to January 18, 2015
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to extend the term of the Community Workforce Agreement with the Alameda County Building and Construction Trades Council through January 18, 2015 and to work with the Building and Construction Trades to revise and strengthen the Agreement based on the lessons learned in the first three years.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

9.   Mills Act Contracts - 18 Alvarado Street and 1542-1544 La Loma Avenue
From: City Manager
Recommendation:
Adopt two Resolutions directing the City Manager to enter into Mills Act contracts for the 18 Alvarado Street and 1542-1544 La Loma Avenue properties.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

10.  Contract: Conversion Management Associates, Inc. for Center Street Garage Reconstruction Project Planning and Management
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments for Project Planning and Project Management Services for the reconstruction of the City's Center Street Parking Garage with Conversion Management Associates, Inc. for an amount not to exceed $1,000,000 for the period December 1, 2013 through December 31, 2018.
Financial Implications: Off Street Parking Fund - $1,000,000
Contact: Andrew Clough, Public Works, 981-6300

11.  Contract: Xerox for Automated Data Collection and Enforcement System (goBerkeley)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Xerox to perform System Integrator services for the Automated Data Collection and Enforcement pilot portion of the goBerkeley program, for an amount not to exceed $500,000 for the period December 1, 2013 through June 30, 2015.
Financial Implications: CALTRANS - $500,000
Contact: Andrew Clough, Public Works, 981-6300

12.  Support of the Affordable Care Act and Open Enrollment in the Covered California Exchange
From: Community Health Commission
Recommendation:
Adopt a Resolution to:  1. Support the Affordable Care Act and open enrollment in the Covered California Exchange; and 2. Work proactively with partners to encourage enrollment and connect exchange-eligible Berkeley residents to available community resources; and 3. Monitor enrollment figures and solicit data as needed from Covered California, health plans and other sources to determine whether they are reaching targeted populations in Berkeley.
Financial Implications: Unknown
Contact: Gail Feldman, Commission Secretary, 981-5232

13.  Appointment of Neal Adams to Mental Health Commission
From: Mental Health Commission
Recommendation:
Adopt a Resolution approving the appointment of Neal Adams to the Mental Health Commission, as a representative of the General Public Interest Category for the three year term beginning December 4, 2013 and ending December 3, 2016.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-7721

Council Consent Items

14.  Berkeley Chamber Foundation for Leadership East Bay: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $300 per Councilmember including up to $300 from Mayor Bates to the Berkeley Chamber Foundation for Leadership East Bay with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Tom Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Funds - $300
Contact: Tom Bates, Mayor, 981-7100

15.  Support Commercial Property Tax Reform
From: Mayor Bates
Recommendation:
Adopt a Resolution urging California state legislators to amend the state constitution to allow commercial property values to be reassessed regularly for tax purposes.
Financial Implications: Minimal
Contact: Tom Bates, Mayor, 981-7100

16.  Permitting the Civic Arts Commission to Conduct an Eleventh Meeting for 2013
From: Councilmember Moore
Recommendation:
Grant the Civic Arts Commission permission to conduct an eleventh meeting for 2013.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

17.  Berkeley Junior Bears: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Moore and Anderson
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to Berkeley Junior Bears to assist with costs associated with competing in the National Cheer & Dance Championships with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120

18.  City Sponsorship for the First Annual Black History Month Celebration
From: Councilmember Anderson
Recommendation:
Adopt a Resolution approving sponsorship for the First Annual Black History Month Celebration hosted by the Berkeley Juneteenth Association, Inc. and request funding by the City Manager.
Financial Implications: $4,250
Contact: Max Anderson, Councilmember, District 3, 981-7130

19.  La Peña: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Anderson
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Anderson to La Peña's Building Our Future Campaign with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Max Anderson and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $1,000
Contact: Max Anderson, Councilmember, District 3, 981-7130

20.  Implementing Urban Agriculture Incentive Zones
From: Councilmember Arreguin
Recommendation:
Direct the City Manager to review the recently signed law, Assembly Bill 551 (Urban Agriculture Incentive Zone Act) and develop legislation for possible implementation of an Urban Agriculture Incentive Zone in the City of Berkeley. The City Manager when providing a report back to the City Council should provide an analysis of the law and the legal requirements that have to be met, the feasibility of implementation in Berkeley, and the potential benefits and financial implications of implementing an Urban Agriculture Incentive Zone.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

21.  June Budget Referral: $40,000 to $50,000 for Comprehensive 311 Mobile Application Upgrades
From: Councilmembers Worthington and Wozniak
Recommendation:
Refer comprehensive 311 mobile and web application system upgrades to the June budget process.
Financial Implications: Approximately $40,000 to $50,000 and a minimal annual fee
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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

23.  Proclamation in Honor of End Child Sexual Abuse Now! National Day of Awareness
From: Councilmember Worthington
Recommendation:
Adopt a proclamation honoring and sponsoring End Child Sexual Abuse (CSA) Now! National Day of Awareness in Berkeley.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

24.  Sponsorship of the 30th Annual Telegraph Avenue Holiday Street Fair
From: Councilmember Worthington
Recommendation:
Adopt a Resolution co-sponsoring the 30th Annual Telegraph Avenue Holiday Street Fair.
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.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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

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

25.  Adoption of the 2013 California Fire Code with Local Amendments - Second Reading
From: City Manager
Recommendation:
 
1. Conduct a public hearing and upon conclusion adopt second reading of Ordinance No. 7,314-N.S. repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters D, E, F, and K published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.
2. Adopt a Resolution rescinding Resolution No. 65,081-N.S. which set forth findings of local conditions that require more stringent regulations than those provided by the 2010 California Fire Code.
First reading vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Bates.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473

26.  Adoption of Berkeley Building Codes - Second Reading
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt second reading of Ordinance No. 7,315-N.S. repealing and reenacting the Berkeley Building Code including Appendix J, Residential Code including Appendix H, Electrical, Mechanical, Plumbing including Appendices A, B, D, I, Energy and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions.
First reading vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Bates.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

27.  Create Introductory Project for Sustainable Seafood Labeling (Continued from November 19, 2013)

 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

28.  Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance (Continued from November 19, 2013)
Revised materials
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 Calendar – New Business

29.  City Council Redistricting Ordinance
From: City Manager
Recommendation:
 
1.   Adopt first reading of an Ordinance created from the Berkeley Student District Campaign Plan adjusting the City Council district boundaries pursuant to Section 9, Article V of the Berkeley City Charter, to equalize population in the districts as a result of population changes reflected in the 2010 Decennial Federal Census.

-OR-

2.   Adopt first reading of an Ordinance created from the United Student District Amendment Plan adjusting the City Council district boundaries pursuant to Section 9, Article V of the Berkeley City Charter, to equalize population in the districts as a result of population changes reflected in the 2010 Decennial Federal Census.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

30.  Tobacco Free Multi-Unit Housing Ordinance; Amending Berkeley Municipal Code Chapter 12.70
Presentation
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.70 to prohibit smoking in all units of multi-unit residences and all common areas of multi-unit residences enforced by the City; to require that all leases for initial occupancy include a non-smoking clause; and to require landlords to offer voluntary non-smoking lease addenda to all existing leases. Proposed ordinance revisions also include routine cleanup language to aid enforcement in workplaces and to clarify that smoking is banned in all commercial zones.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

31.  Zoning Amendments for Homeless Shelters and Compliance with SB2
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding BMC Chapter 23C.10 and amending BMC Titles 23D and 23E, and Chapter 23F.10 as recommended by the Planning Commission containing zoning amendments that include: 1.  Year-round emergency homeless shelters allowed as-of-right in all commercial zoning districts, except the C-N (Neighborhood Commercial); 2.  Standards for new shelter facilities and operations;  3.  Revised definitions of Emergency Shelter, Transitional Housing, and Supportive Housing; and 4.  Winter season only shelters allowed in high-density residential districts.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400


Council Action Items

32.  Supporting City of Richmond’s Home Loan Principle Reduction Program
Revised materials
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution 1) recognizing the devastating effects of foreclosures on local Communities; 2) supporting the City of Richmond’s CARES program to reduce loan principle reduction to keep homeowners at risk of foreclosure in their homes; 3) directing the City Manager to provide an analysis of Richmond’s program and the legal and financial implications of joining a Joint Powers Authority with the City of Richmond to implement the Richmond CARES program in Berkeley.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

33.  City Manager Referral: Preparations to Apply for Telegraph Pedestrian Safety Funds
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to apply for Telegraph Ave pedestrian safety funds and to produce a preliminary plan for Telegraph pedestrian safety improvements as requested by the Telegraph Merchants Association.
Financial Implications: $5,000 to 10,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

34.  Support UAW Local 5810 Efforts to Secure Healthcare Cost Reimbursements from the University of California
From: Councilmember Worthington
Recommendation:
Support UAW Local 5810 efforts to secure healthcare cost reimbursements from the University of California and send a letter to Janet Napolitano, President of the University of California and the UC Board of Regents requesting that the University reimburse postdoctoral researchers for necessary out-of-pocket healthcare expenses.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

35.  End U.S. Support for Construction of the Jeju Naval Base
From: Councilmember Worthington
Recommendation:
Adopt a Resolution urging the United States to cease its support for the construction of Jeju Naval Base in South Korea to preserve the island’s fragile biodiversity and honor the island’s past history of bloodshed.  Copies of the resolution to be sent to Congresswoman Barbara Lee and Senator Dianne Feinstein and Senator Barbara Boxer, President Barack Obama, Secretary of State John Kerry, and U.S. Defense Secretary Chuck Hagel, and Republic of Korea President Park Geun-hye.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Reduce Fukushima Daiichi Nuclear Dangers
From: Councilmember Worthington
Recommendation:
Adopt a Resolution urging the United Nations to form an International Independent Commission of Experts (IICE) to formulate a plan to reduce the radiation being released from the crippled Fukushima Daiichi Nuclear Power Plant, and instructing the City’s Health Department to research and inform the public regarding elevated risk from seafood and other Pacific basin products, and to educate the population of Berkeley regarding specific treatments for radiation exposure and have in place emergency procedures to administer treatment, if necessary, to mitigate radiation exposure.  Copies of the resolution to be sent to the U.N. General Assembly, U.N. Secretary-General Ban Ki-moon, U.S. Ambassador to the U.N. Samantha Power, President Barack Obama Senator Dianne Feinstein, Senator Barbara Boxer, Congresswoman and Representative to the 68th Session of the U.N. General Assembly Barbara Lee, and Governor Jerry Brown.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

37.  Berkeley Animal Shelter Lost Pet Photographs
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

38.  1820-1822 Hearst Avenue, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 8066
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

39.  Status Report: Property and Evidence Room POST Study Follow-Up Audit
From: City Manager
Contact: Michael Meehan, Police, 981-5900

40.  Status Report: Failing Streets: Time to Change Direction to Achieve Sustainability
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

41.  Report of the Alameda County Transportation Commission
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Public Comment – 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.

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 http://www.cityofberkeley.info/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.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/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

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 21, 2013.

Mark Numainville, City Clerk


Communications

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

Item 15: Support Commercial Property Tax Reform
1.    Zipporah Collins

Item 35: End U.S. Support for Construction of the Jeju Naval Base
2.    Joanne Magruder

Demolition Ordinance Petition
3.    Sarah Hawley
4.    Unknown

Community Services
5.    Richard Berkeley

Alameda County Grand Jury Report/Rent Stabilization Board
6.    Nancy Bickel, on behalf of the League of Women Voters of Berkeley, Albany, Emeryville

Philippines Typhoon
7.    Vincent Canlas

Disclosures to Potential Buyers of Post Office
8.    Anthony Bruce, on behalf of the Berkeley Architectural Heritage Association

Traverse Rumble Strips
9.    Transportation Commission

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