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Regular Meeting Annotated Agenda
September 15, 2015 

 

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 

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~~~~~~~~~~~~~~~~~~~~~  
 ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING  

Tuesday, September 15, 2015 

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 – Lori Droste 

 

Preliminary Matters

Roll Call: 7:03 p.m. 

Present: Anderson, Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates.  

Absent: None.          

Ceremonial Matters 

1.     Pledge of Allegiance to the Flag
2.     September 2015 is Attendance Awareness Month in Berkeley
3.     Recognition of Citizens for East Bay Parks
4.     Recognition of Bi-Sexual and Bi-Visibility Day, September 23, 2015 
5.     Recognition of Laura Inserra Day, September 15, 2015 

City Manager Comments:  None. 

Public Comment on Non-Agenda Matters: 4 speakers.

Public Comment on Consent Calendar and Information Items Only: 14 speakers.

Consent Calendar 
 
Action: M/S/C (Worthington/Arreguin) to accept revised materials from Councilmember Capitelli on Item 39. 
Vote: All Ayes.  
 
Action: M/S/C (Moore/Worthington) to adopt the Consent Calendar in one motion except as indicated. 
Vote: All Ayes.  
1. Contract No. 9880A Amendment: Jackson & Coker for Locums Tenens Psychiatric Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 9880A adding $50,000 to the expenditure contract with Jackson & Coker Locums Tenens, LLC, (J&C) for locums tenens psychiatric services for a total contract limit of $99,900 for the period beginning February 1, 2015 and ending on June 30, 2017. 
Financial Implications: Health Fund - $50,000 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400  
Action: Adopted Resolution No. 67,174–N.S.  

2. Amending Purchase Orders: Western States Oil for Fuel for City Vehicles and Equipment  
From: City Manager  
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending purchase order nos. 096835 (Public Works) and 097396 (Fire Department) with Western States Oil for the purchase of fuel for City vehicles, increasing the combined amount by $375,000 for a total amount for both purchase orders not to exceed $12,732,809, and extending the term for 3 months through September 30, 2015.  
Financial Implications: See report  
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,175–N.S.  

3. Contract No. 8389A Amendment: Recology Blossom Valley Organics – North (formerly Recology Grover Environmental Products) for Hauling and Processing of Compostable Materials    
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending Contract No. 8389A with Recology Blossom Valley Organics - North (formerly Recology Grover Environmental Products) for hauling and processing of compostable materials, increasing the amount by $600,000 for a total amount not to exceed $7,454,818, and extending the term for 6 months through January 31, 2016.  
Financial Implications: Zero Waste Fund - $600,000 
Contact: Phillip Harrington, Public Works, 981-6300  
Action: Adopted Resolution No. 67,176–N.S. 

4. Local Amendments to California Building Code and Berkeley Housing Code to Improve Building Safety   
From: City Manager 
Recommendation: 1. Adopt second reading of Ordinance No. 7,433–N.S. Adding Section 19.28.090 To The Berkeley Municipal Code Chapter 19.28 (Berkeley Building Code) Regarding The Construction Of Weather-Exposed Building Elements Extending Beyond Exterior Walls; and 2. Adopt second reading of Ordinance No. 7,434–N.S. Adding A New Section 19.40.035 To The Berkeley Municipal Code Chapter 19.40 (Berkeley Housing Code) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years; and 3. Adopt second reading of Ordinance No. 7,435–N.S. Adding A New Section 12.48.055 To The Berkeley Municipal Code Chapter 12.48 (Residential Rental Housing Safety Program) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400 
Action: Item held over to October 27, 2015. 

5. FY 2016 Annual Appropriations Ordinance Correction   
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending Ordinance No. 7429-N.S. to reflect the correction of a typographical error in Section 1.H. 
Financial Implications: None 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 
Action: Adopted first reading of Ordinance No. 7,436–N.S.  Second reading scheduled for September 29, 2015. 

6. Regulation of Off-Street Parking Lots; Adding BMC Chapter 9.92 and Amending BMC Chapter 13.52  
From: City Manager 
Recommendation: 1.  Adopt first reading of an Ordinance adopting a new Chapter 9.92 of the Berkeley Municipal Code, regulating off-street parking lots. 2.  Adopt first reading of an Ordinance amending Chapter 13.52 of the Berkeley Municipal Code relating to parking of vehicles on private property. 
Financial Implications: See report 
Contact: Zach Cowan, City Attorney, 981-6950 
Action: Adopted first reading of Ordinance No. 7,437–N.S. (Chapter 9.92) and Ordinance No. 7,438–N.S. (Chapter 13.52).  Second reading scheduled for September 29, 2015. 

7. Amending BMC Chapter 13.44 Regulating Street Events
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending Sections 13.44.060 and 13.44.090, and adding Section 13.44.150 of the Berkeley Municipal Code, regulating street events. 
Financial Implications: None 
Contact: Zach Cowan, City Attorney, 981-6950 
Action: Adopted first reading of Ordinance No. 7,439–N.S.  Second reading scheduled for September 29, 2015. 

8. Minutes for Approval  
From: City Manager 
Recommendation: Approve the minutes for the Council meetings of June 9, 2015 (special and regular), June 23, 2015 (special and regular), June 30, 2015 (special closed and regular), July 14, 2015 (special closed, special and regular), and August 3, 2015 (special closed). 
Financial Implications: None 
Contact: Mark Numainville, City Clerk, 981-6900 
Action: Approved minutes as submitted. 

9. Establish 2016 City Council Meeting Schedule  
From: City Manager 
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2016, with starting times of 7:00 p.m. 
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900 
Action: Adopted Resolution No. 67,177–N.S. 

10. City Council Rules of Procedure and Order 
From: City Manager 
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to require that revised Council reports submitted for consideration at the Council meeting reflect a comparison to the original item using track changes, making minor clarifications regarding procedures for public comment relating to Information items on Council agendas, and rescinding Resolution No. 66,987-N.S. 
Financial Implications: None 
Contact: Mark Numainville, City Clerk, 981-6900 
Action: Adopted Resolution No. 67,178–N.S. 

11. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on September 15, 2015 
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 - $14,260,000 
Contact: Henry Oyekanmi, Finance, 981-7300 
Action: Approved recommendation.

12. Contract No. 9620 Amendment: Focus Strategies for Consulting Services to Implement Berkeley’s Homeless Coordinated Entry System  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9620 with Focus Strategies, a consulting firm that will assist the City in establishing a homeless Coordinated Entry System, adding $74,667 for a total contract amount not to exceed $139,667 through June 30, 2016. 
Financial Implications: General Fund - $74,667 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 
Action: Item removed from the Agenda by the City Manager. 

13. Regulatory Agreement: Brown Shingle Mutual Housing, 2550 Ellsworth Street  
From: City Manager 
Recommendation: Adopt a Resolution approving a Regulatory Agreement and Declaration of Restrictive Covenants with Brown Shingle Mutual Housing at 2550 Ellsworth Street.  This agreement will restrict the occupancy and rents for low-income households while the Bay Area Community Land Trust operates the property as affordable rental housing, and once it is converted into a non-equity housing cooperative. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 
Action: Adopted Resolution No. 67,179–N.S. 

14. 2500 Hillegass Avenue Housing Enabled by Local Partnerships (HELP) Loan Modification  
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving an amendment to Satellite Affordable Housing Associate's HELP loan on 2500 Hillegass Avenue including: a. Acceptance of a partial repayment equal to the City's obligation to the California Housing Finance Agency (approximately $550,000) b. Amending the terms as follows: i. The loan amount will be equal to the remaining balance on the HELP loan, after the partial repayment to the City (approximately $120,000). ii. The loan term will be 55 years. iii. The loan will accrue 3% simple interest.  2. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 
Action: Adopted Resolution No. 67,180–N.S.

15. Contract:  Bartel Associates, LLC for Actuarial Consulting Services  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bartel Associates, LLC (hereinafter "Bartel") for actuarial consulting services in an amount not to exceed $150,000 effective November 1, 2015 through June 30, 2017. 
Financial Implications: Various Funds - $150,000 
Contact: David Abel, Human Resources, 981-6800 
Action: Adopted Resolution No. 67,181–N.S. 

16. Contract No. 9649 Amendment: Renne Sloan Holtzman Sakai LLP for Chief Labor Negotiator Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9649 in the amount of $50,000 with Renne Sloan Holtzman Sakai LLP for Chief Labor Negotiator services, for a revised total contract amount not to exceed $95,000. 
Financial Implications: See report 
Contact: David Abel, Human Resources, 981-6800 
Action: Adopted Resolution No. 67,182–N.S. 

17. Contract No. 9105C Amendment:  Meyers Nave for Chief Labor Negotiation Services   
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9105C in the amount of $20,000 with Meyers Nave for Chief Labor Negotiator services, for a revised total contract amount not to exceed $170,000. 
Financial Implications: Various Funds - $20,000 
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 67,183–N.S. 

18. Memorandum Agreement:  Service Employees International Union Local 1021 Maintenance and Clerical Chapters  
From: City Manager 
Recommendation: Adopt two Resolutions:1. Approving a new three-year Memorandum Agreement (hereafter referred to as the "MA") with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters (hereafter referred to as the "Union") with a term of July 5, 2015 through June 16, 2018, and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new labor agreement; and 2. Approving a new salary resolution for Representation Units D, J, K-1, and K-2 that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 65,375-N.S. 
Financial Implications: See report 
Contact: David Abel, Human Resources, 981-6800 
Action: Adopted Resolution No. 67,184–N.S. (Memorandum Agreement), and Resolution No. 67,185–N.S. (Salary). 

19. Memorandum of Understanding: Berkeley Police Association  
From: City Manager 
Recommendation: Adopt two Resolutions: 1. Approving a new three (3) year Memorandum of Understanding (hereafter referred to as "MOU") with the Berkeley Police Association (hereafter referred to as the "Union") with a term of July 6, 2014 through June 30, 2017 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2. Approving a new salary resolution for Representation Units E and F that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 63,961-N.S. 
Financial Implications: See report 
Contact: David Abel, Human Resources, 981-6800 
Action: Adopted Resolution No. 67,186–N.S. (Memorandum of Understanding), and Resolution No. 67,187–N.S. (Salary).

20. Contract: Saboo, Inc. for Hot Water Riser Replacement Project at 1947 Center Street  
From: City Manager 
Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Hot Water Riser Replacement Project, Specification No. 16-10966-C; and 2.  Accepting the bid of Saboo, Inc. as the lowest responsive and responsible bidder; and  3.  Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications with Saboo, Inc. for the Hot Water Riser Replacement Project at 1947 Center Street in an amount not to exceed $342,360. 
Financial Implications: Permit Service Center Fund - $342,360 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,188–N.S. 

21. Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 8068A Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for 3 Fire Engines and 1 Hazardous Materials Spill Response Vehicle  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to purchase three Pierce fire engines and one Pierce hazardous materials spill response vehicle by executing: 1. Purchase Agreement with Pierce Manufacturing, Inc. in an amount not to exceed $3,218,567 that includes sales tax, and a contingency of $164,347; and 2. Increase the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. by $2,939,329 for an amended total amount not to exceed $11,618,358, with the current financing to be paid over 7 years at an interest rate of 1.94% and a first payment commencing no later than April 1, 2016; and 3. Purchase Order for direct payment of sales tax in an amount not to exceed $279,238. 
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,189–N.S. 

22. Contract: Berkeley Touchless Carwash for Vehicle Washing Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Berkeley Touchless Carwash, in an amount not to exceed $80,000 for the period of July 1, 2015 through June 30, 2017. 
Financial Implications: Equipment Maintenance Fund - $80,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,190–N.S. 

23. Contract No. 9470 Amendment: City CarShare for City of Berkeley Fleet Car Share Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9470 with City CarShare to continue the City of Berkeley fleet car share program, increasing the contract by $150,000 for a total contract amount not to exceed $390,000 through August 15, 2017. 
Financial Implications: Equipment Replacement Fund - $150,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,191–N.S. 

24. Amending Purchase Orders: Western States Oil for Fuel for City Vehicles and Equipment  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an extension to purchase order nos. 096835 (Public Works) and 097396 (Fire Department) with Western States Oil for the purchase of fuel for City vehicles, increasing the combined amount by $500,000 for a total amount for both purchase orders not to exceed $13,232,809 and extending the term for 4 months through January 31, 2016. 
Financial Implications: Various Funds - $500,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,192–N.S. 

25. Purchase Order Amendment: Altec Industries, Inc. for One Articulating Aerial Bucket Truck  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend the purchase order with Altec Industries, Inc. for one articulating aerial bucket truck to increase the amount by $2,775 for a total not to exceed $254,875. 
Financial Implications: Equipment Replacement Fund - $2,775 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,193–N.S. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Droste. 

26. Contract No. 8857A Amendment: TEC Accutite, Inc. for Tank Maintenance and Certification Services  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8857A with TEC Accutite, Inc. for the provision of tank maintenance and certification services, extending the term to July 31, 2017 and increasing the contract by $25,000 for a total contract amount not to exceed $150,000. 
Financial Implications: Various Funds - $25,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,194–N.S. 

27. Purchase Orders: Bruce's Tire, Inc. for New Automobile and Truck Tires  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute annual purchase orders for new tires for City owned vehicles and equipment with Bruce's Tire, Inc. in an amount not to exceed $875,000 for FY 2016 through FY 2020. 
Financial Implications: Equipment Maintenance Fund - $875,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,195–N.S. 

28. Contract: Don's Tire Service, Inc. for Tire Repair Services  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a 5-year contract and any amendments and extensions with Don's Tire Service, Inc. for tire repair services, in an amount not to exceed $150,000 for the period September 25, 2015 to June 30, 2020. 
Financial Implications: Equipment Maintenance Fund - $150,000 
Contact: Phillip Harrington, Public Works, 981-6300. 
Action: Adopted Resolution No. 67,196–N.S. 

29. Easement Agreement: LBA RIV-CO XII LLC c/o LBA Realty for Portion of City-Owned Real Property on Folger Avenue, APN 052-1512-010-02  
From: City Manager 
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an easement agreement and any amendments with LBA RIV-CO XII LLC c/o LBA Realty for a portion of vacant City-owned real property on Folger Avenue (APN 052-1512-010-02) for construction and maintenance of a stormwater treatment facility and related improvements. 
Financial Implications: None 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted first reading of Ordinance No. 7,440–N.S.  Second reading scheduled for September 29, 2015. 

30. Purchase Order: Cal-Line Equipment, Inc. for 3 Bandit 250XP Brush Chippers  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for 3 Bandit 250XP Brush Chippers with Cal-Line Equipment, Inc. in an amount not to exceed $151,000. 
Financial Implications: Equipment Replacement Fund - $151,000 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Adopted Resolution No. 67,197–N.S. 

31. Support UC Low Wage Workers and Senate Bill 376  
From: Commission on Labor 
Recommendation: 1.  Support the passage of SB 376 and send letter of support for SB 376 to members of the California Assembly. 2.  Endorse the community/labor coalition's petition to UC Berkeley Chancellor Nicholas Dirks urging him to hire currently contracted employees as regular employees; and to cease from entering into contracts with vendors whose employment practices promote payment of low wages and undercut wages and benefits of regular UC employees. 
Financial Implications: None 
Contact: Delfina Geiken, Commission Secretary, 981-5400 
Action: Approved recommendation revised to send the letter to Governor Jerry Brown only. 

32. City Co-sponsor and Co-host a Screening of Documentary Film Addressing Rape and Sexual Assault on College Campuses  
From: Commission on the Status of Women 
Recommendation: Adopt a Resolution stating that the City of Berkeley officially co-sponsors and co-hosts a fall screening of The Hunting Ground with relevant community partners and authorizing the Commission on the Status of Women to use the City's name and logo in the event's promotional materials and signage naming the City of Berkeley as a co-sponsor for the purpose of the City indicating its policy endorsement of the event. 
Financial Implications: Minimal 
Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400 
Action: Adopted Resolution No. 67,198–N.S. 

33. Proclamation of Emergency Preparedness Month  
From: Disaster and Fire Safety Commission 
Recommendation: Endorse a proclamation to support October 2015 as Emergency Preparedness Month in Berkeley. 
Financial Implications: None 
Contact: David Brannigan, Commission Secretary, 981-3473 
Action: Adopted proclamation. 

34. Additional Homeless Commission Meeting in 2015  
From: Homeless Commission 
Recommendation: Adopt a Resolution approving the request from the Homeless Commission to hold one additional meeting in calendar year 2015. 
Financial Implications: See report
Contact: Andrew Wicker, Commission Secretary, 981-5400 
Action: Adopted Resolution No. 67,199–N.S. 

35. Appointment of Jenne King to Mental Health Commission  
From: Mental Health Commission 
Recommendation: Adopt a Resolution approving the appointment of Jenne King to the Mental Health Commission, as a representative of the special public interest category, for a three year term beginning September 16, 2015 and ending September 15, 2018. 
Financial Implications: None 
Contact: Carol Patterson, Commission Secretary, 981-5400 
Action: Adopted Resolution No. 67,200–N.S. 

36. In Support of the People of Okinawa  
From: Peace and Justice Commission 
Recommendation: Adopt a Resolution supporting the people of Okinawa in their opposition to the U.S. Marine Base under construction at Henoko, Okinawa (also known as the Futenma Replacement Facility or “FRF”). The Resolution should also call on: 1. the U.S. Department of Defense to undertake an appropriate and sufficient “take into account” process as ordered by the Court under the National Historic Preservation Act (NHPA); 2. the U.S. Marine Mammal Commission to review and comment on this analysis. 3. Congress to review the environmental impacts of the construction; 4. Congress to address the lack of democratic means employed in the construction of this base in Okinawa.  Council should send a copy of this resolution to Representative Barbara Lee, and Senators Dianne Feinstein and Barbara Boxer as well as to Secretary of Defense Ashton Carter, Secretary of State John Kerry, President Obama, and to the Okinawan activists who signed the attached statement. 
Financial Implications: Unknown 
Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400 
Action: Adopted Resolution No. 67,201–N.S. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Droste; Noes – None; Abstain – Capitelli, Wengraf, Bates. 

37. Convention on the Rights of Persons with Disabilities  
From: Peace and Justice Commission 
Recommendation: Adopt a Resolution calling on the U.S. Senate to ratify the Convention on the Rights of Persons with Disabilities without delay; and send a copy to elected officials, and listed parties. 
Financial Implications: Unknown 
Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400 
Action: Adopted Resolution No. 67,202–N.S.

Council Consent Items 

38. Support AB 101 – Ethnic Studies for California High Schools and Creation of an Ethnic Studies Advisory Committee  
From: Councilmember Arreguin 
Recommendation: Adopt a Resolution: 1. Supporting Assembly Bill (AB) 101, the "Ethnic Studies for California High School", introduced by Assemblymember Luis A. Alejo; and 2. Urging the Berkeley Unified School District Board of Education to create an Ethnic Studies Advisory Committee to oversee establishing Ethnic Studies coursework as a requirement for graduation in Berkeley public schools. Copies of the Resolution are to be sent to the Berkeley Unified School District Board of Education, BUSD Superintendent Donald Evans, Assemblymember Luis Alejo, Senator Loni Hancock, Assemblymember Tony Thurmond and Governor Jerry Brown. 
Financial Implications: None 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Item held over to September 29, 2015.

39. Mandatory Green Stormwater Infrastructure in New Developments  
From: Councilmember Arreguin 
Recommendation: Refer to the City Manager and Planning and Community Environmental Advisory Commissions to develop an ordinance requiring large residential developments of 100 units or more or commercial developments that result in 5,000 square feet of new or replaced impervious surface, to incorporate Green Stormwater Infrastructure (GSI) and water conservation features into new projects. 
Financial Implications: Staff time 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Approved recommendation revised as follows: Refer to the City Manager, Planning and CEAC to develop an ordinance requiring building projects to incorporate Green Stormwater Infrastructure (GSI) and water conservation features in new projects including strategies to employ at the municipal, neighborhood and site scale acknowledging the benefits of smart growth and infill development. 

40. Letter to AC Transit Regarding Aligning Bus Schedules with Berkeley High School Class Schedule  
From: Councilmember Arreguin 
Recommendation: Send the proposed letter to the AC Transit Board of Directors and General Manager requesting that it align its bus schedules for Lines 1, 1R,  7, 12, 17, 18, 25A, 25B, 49A, 49B, 51, 51B, 52, 65, 67, 88, and F, with the Berkeley High School class schedule so high school students can travel to and from campus safely, independently and on time. 
Financial Implications: None 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Approved recommendation. 

41. Proclamation Declaring Latino Heritage Month in the City of Berkeley  
From: Councilmembers Arreguin and Worthington 
Recommendation: Adopt a proclamation declaring the period of September 15, 2015 to October 15, 2015 as Latino Heritage Month in the City of Berkeley. 
Financial Implications: None 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Councilmember Droste and Councilmember Moore added as co-sponsors.  Adopted proclamation. 

42. Supporting Senate Bill 350 - The Clean Energy and Pollution Reduction Act of 2015  
From: Councilmembers Arreguin, Worthington, and Anderson 
Recommendation: Adopt a Resolution supporting Senate Bill (SB) 350 - the Clean Energy and Pollution Reduction Act of 2015, authored by State Senators Mark Leno and Kevin de León. Send a copy of the resolution to Governor Jerry Brown, State Senators Loni Hancock, Mark Leno, and Kevin de León, and Assemblymember Tony Thurmond. 
Financial Implications: None 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Item removed from the Agenda. 

43. Prohibit Sales of Tobacco Products to Persons Under the Age of 21  
From: Councilmember Arreguin 
Recommendation: Direct the City Manager and Community Health Commission to draft an ordinance amending Berkeley Municipal Code Chapter 9.80 "Tobacco Retailers" to prohibit the sales of tobacco products and smoking paraphernalia to persons under the age of 21. 
Financial Implications: Staff time 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: Item removed from the Agenda. 

44.Raising the Minimum Age for Purchasing Tobacco Products to 21   
From: Councilmembers Capitelli and Moore 
Recommendation: Referral to the Community Health Commission to investigate the advisability and impact of raising the minimum age for purchasing tobacco and tobacco products, including electronic cigarettes, to 21 years of age. 
Financial Implications: Staff time 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Councilmember Arreguin added as a co-sponsor.  7 speakers. Moved to Action Calendar.  M/S/C (Worthington/Moore) to approve the recommendation. 
Vote: All Ayes. 

45. Donation of Urns and Installment Costs at a Value of $9,000 to the City of Berkeley from the Thousand Oaks Neighborhood Association  
From: Councilmember Capitelli 
Recommendation: Adopt a Resolution accepting a donation of urns and installment costs from the Thousand Oaks Neighborhood Association at a value of $9,000. 
Financial Implications: See report 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Adopted Resolution No. 67,203–N.S. 

46. Installment of Urns in the Thousand Oaks Neighborhood: Relinquishment of Funds to Cover Permit Fees  
From: Councilmember Capitelli 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1100 per Councilmember including up to $1100 from Councilmember Capitelli to the Thousand Oaks Urn Project to cover permit fees from the city in order to install two new urns, with funds relinquished to the City's general fund for this purpose from the Council Office Budgets of Councilmember Capitelli and any other Councilmembers who would like to contribute. 
Financial Implications: Councilmember's Discretionary Fund - $1,100 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Adopted Resolution No. 67,204–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $150; Councilmember Maio - $100; Mayor Bates - $100; Councilmember Moore - $100.

47. Referral to City Manager to Amend BMC to Prohibit Possession of High Capacity Magazines in Berkeley and Require Residents to Turn Them in to the Police Department  
From: Councilmember Wengraf
Recommendation: Request that the City Manager in cooperation with the Attorney's Office and Berkeley Police Department return to Council with a draft amendment to the Berkeley Municipal Code prohibiting Berkeley residents from possessing high capacity magazines. 
Financial Implications: Minimal 
Contact: Susan Wengraf, Councilmember, District 6, 981-7160 
Action: Approved recommendation. 

48. Support U.S. House of Representative Resolution 364 Advocating for Equal Pay for Women in Fédération Internationale de Football Association (FIFA) Sponsored Athletics 
From: Councilmember Worthington 
Recommendation: Support House Resolution 364 and send a letter to U.S. Senators Dianne Feinstein and Barbara Boxer requesting support for H.Res. 364 which urge FIFA to eliminate gender pay inequity between women and men in professional soccer. 
Financial Implications: None 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Approved recommendation.

49. Refer to the City Manager, Disability Commission, and Planning Commission to Develop an Ordinance Requiring New Residential Buildings to Provide Auto-door Openers and Roll-in Showers  
From: Councilmember Worthington 
Recommendation: Refer to the City Manager, Disability Commission, and Planning Commission to require new residential buildings in Berkeley to include essential wheelchair-accessible modifications such as auto door openers and roll-in showers. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Councilmember Arreguin added as a co-sponsor.  Approved recommendation revised as follows: Refer to the City Manager, Disability Commission, and Planning Commission to require a percentage of units in new residential buildings in Berkeley to include essential wheelchair-accessible modifications such as auto door openers and roll-in showers. 

50. Send a Letter to California Public Utilities Commission Opposing the Attack on Rooftop Solar by Big Utilities  
From: Councilmember Worthington 
Recommendation: Send a letter to the California Public Utilities Commission urging them to reject big utilities proposed unfair new fees and reduce credit rates to customers that install rooftop solar or make energy upgrades to their homes. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Councilmember Arreguin added as a co-sponsor.  Item removed from the Agenda.

51. Referral to Sugar Sweetened Beverage Panel of Experts: Consider Creating an Ordinance, Establishing Healthy Default Beverages with Children’s Meals  
From: Councilmember Worthington 
Recommendation: Refer to the Sugar Sweetened Beverage Panel of Experts to consider creating an ordinance establishing healthy default beverages offered with children's meals. The main goals are to promote awareness of the increasing rate of obesity-related health problems among children and help to establish healthier eating habits in order to achieve balanced caloric intake and energy expenditure. 
Financial Implications: Unknown 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Approved recommendation revised to refer the item to the Community Health Commission only. 

52. Oppose House Resolution 3009 “Enforce the Law for Sanctuary Cities Act” and Send a Letter to U.S. Senators Feinstein and Boxer  
From: Councilmember Worthington 
Recommendation: Oppose House Resolution 3009 and request U.S. Senators Feinstein and Boxer to oppose this anti-immigrant federal legislation. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Councilmember Arreguin and Councilmember Droste added as co-sponsors. Approved recommendation.

53. Support Senate Bill 658 and Send a Letter to Governor Jerry Brown Requesting More Automated External Defibrillators (AEDs) Available and Accessible  
From: Councilmember Worthington 
Recommendation: Support SB 658 and send a letter to Governor Jerry Brown requesting more Automated External Defibrillators (AEDs) available and accessible. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Item removed from the Agenda.

54. City Manager Referral: Consider Adding Ygrene as the Fourth Property Assessed Clean Energy Program  
From: Councilmember Worthington 
Recommendation: Refer to the City Manager to consider adding Ygrene as the fourth property assessed clean energy program. 
Financial Implications: None 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Approved recommendation. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – Bates.

55. Referral to the Community Environmental Advisory Commission to Install 1.8 GPM Showerheads in All New Housing Projects or Any Renovation Over $50,000 
From: Councilmember Worthington 
Recommendation: Refer to the Community Environmental Advisory Commission to explore requiring a maximum of 1.8 GPM low flow showerheads in new housing projects and all housing renovations exceeding $50,000 throughout Berkeley. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Approved recommendation. 

Action Calendar 

56. Retail Incentives in Commercial Districts (Continued from July 14, 2015) 
From: City Manager 
Contact: Michael Caplan, Economic Development, 981-7530 
Action: Item held over to October 6, 2015.

57. City Manager Referral: Reinstate Inviting Community Agencies to Make Presentations During the Commission Funding Process (Continued from June 30, 2015) 
From: Councilmember Worthington 
Recommendation: Refer to the City Manager to increase transparency by reinstating a practice of inviting community agencies to present to city commissions on proposals during the funding allocation process. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Item held over to October 27, 2015.

58. Amendment to BMC Chapter 9.80 - Tobacco Retailers 
Presentation
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 9.80.010, 9.80.020, 9.80.030 and 9.80.035, and adding Section 9.80.037 to: 

1. Require a Tobacco Retail License (TRL) to sell Electronic Nicotine Delivery Systems (ENDS) and e-liquids; 2. Implement a buffer zone around schools and public parks, with a grace period of three years to minimize economic hardship for qualifying retailers, that would: 

a.   Prohibit the sale of ENDS, e-liquids, and flavored (including menthol) tobacco products within 1,000 feet of schools and parks, effective January 1, 2017 (Option 1);  
 
-OR- 

b.   Prohibit the sale of all tobacco products (conventional and electronic) within 600 feet of schools and parks, effective immediately for new retailers and January 1, 2019 for existing retailers (Option 2). 

Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 
Action: 10 speakers. M/S/C (Moore/Arreguin) to adopt first reading of Ordinance No. 7,441–N.S. amending Berkeley Municipal Code Sections 9.80.010, 9.80.020, 9.80.030 and 9.80.035, and adding Section 9.80.037 to: 
1.   Require a Tobacco Retail License (TRL) to sell Electronic Nicotine Delivery Systems (ENDS) and e-liquids;
2.   Implement a buffer zone around schools only, with a grace period of three years to minimize economic hardship for qualifying retailers, that would: a.   Prohibit the sale of ENDS, e-liquids, and flavored (including menthol) tobacco products within 600 feet (reduced from           1000 feet) of schools only, effective January 1, 2017.  
3. Add a provision to prohibit the issuance of new TRLs within the 600 foot buffer zone.  
Second reading scheduled for September 29, 2015 
Vote: All Ayes. 

Recess 9:35 p.m. – 9:48 p.m.  

59. a. Revisions to Minimum Wage Ordinance B.M.C 13.99  
Presentation
From: Commission on Labor  
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99 that will ensure the Berkeley Minimum Wage Ordinance is successful in promoting and protecting the rights and the individual self-reliance of working people in Berkeley by raising the minimum wage to a living wage, adding an annual cost of living adjustment, and granting adequate paid sick leave to all workers. 
Financial Implications: None 
Contact: Delfina Geiken, Commission Secretary, 981-5400 

b. Proposed Amendments to the Minimum Wage Ordinance; Amending Berkeley Municipal Code Chapter 13.99 
Presentation 
From: City Manager 
Recommendation: Review and consider information regarding the activities and costs associated with implementing and enforcing the Commission on Labor's proposed amendments to the Minimum Wage Ordinance (MWO), including the potential impact of the proposed amendments on the City's minimum wage employees, employers, non-profit organizations and community-based organizations, on-call workers and youth training program workers, and either:

1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99, which includes staff-recommended revisions to the Commission's proposed Ordinance;  

-OR-

2. Refer the MWO back to the City Manager for further analysis and revisions. 

Financial Implications: Staff time 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 

Action: M/S/C (Maio/Moore) to suspend the rules and extend the meeting to     11:30 p.m.  
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Capitelli. 

Action:
61 speakers. M/S/Failed (Worthington/Anderson) to 1) Refer to the City Manager to create a plan to bring the minimum wage in line with the living wage, 2) raise the minimum wage to $13/hr. on 10/1/16, 3) raise the minimum wage to $14.50/hr. on 10/1/17, 4) raise the minimum wage to $15/her. on 10/1/18, 5) include a COLA escalator on the minimum wage, and 6) direct staff to bring back proposals for adding sick leave to the minimum wage ordinance on November 10, 2015. 

Action:  M/S/Failed (Worthington/Anderson) to raise the minimum wage to $13/hr. on 10/1/16. 
Vote: Ayes – Moore, Anderson, Arreguin, Worthington; Noes – None; Abstain – Maio, Capitelli, Wengraf, Droste, Bates. 

Action: M/S/Failed (Worthington/Anderson) to raise the minimum wage to $14.50/hr. on 10/1/17. 
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – None; Abstain – Maio, Moore, Capitelli, Wengraf, Droste, Bates.

Action: M/S/Failed (Worthington/Anderson) to raise the minimum wage to $15/hr. on 10/1/18. 
Vote: Ayes – Moore, Anderson, Arreguin, Worthington; Noes – None; Abstain – Maio, Capitelli, Wengraf, Droste, Bates. 

Action: M/S/Failed (Worthington/Anderson) to Refer to the City Manager to create a plan to bring the minimum wage in line with the living wage, and direct staff to bring back proposals for adding sick leave to the minimum wage ordinance on November 10, 2015. 
Vote: Ayes – Anderson, Arreguin, Worthington, Droste; Noes – Wengraf, Bates; Abstain – Maio, Moore, Capitelli.

Action: 61 speakers. M/S/C (Bates/Maio) to schedule the item for a special meeting to be held on November 10, 2015 and direct staff to bring back proposals for adding sick leave to the minimum wage ordinance on November 10, 2015. 
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Anderson, Arreguin. 

60. Berkeley Fair Elections Public Campaign Financing Ballot Measure  
From: Fair Campaign Practices Commission 
Recommendation: Consider the public funding proposal from MapLight and the League of Women Voters (dated January 5, 2015) for possible further consideration for the November 2016 ballot. 
Financial Implications: None 
Contact: Savith Iyengar, Commission Secretary, 981-6950 
Action: Moved to Consent Calendar to be scheduled for a Special Meeting on November 10, 2015. 

61. In Support of BHS Stop Harassing  
From: Peace and Justice Commission 
Recommendation: Adopt a Resolution supporting BHS Stop Harassing and its efforts to better the climate at Berkeley High School and throughout the school district to proactively prevent sexual harassment through modeling, education, training and availability of relevant resources as well as a comprehensive plan to resolve the types of numerous incidents of sexual harassment within the school district that have taken place if and when they continue to take place.  Copies of the resolution are to be sent to BUSD Superintendent Dr. Donald Evans, and to each of the BUSD School Board Directors, and to each school principal in the Berkeley Unified School District. 
Financial Implications: Unknown 
Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400 
Action: Moved to Consent Calendar and revised to refer the item to the Berkeley Unified School District Board.

Information Reports 

62. Establishment of a Code Enforcement Prioritization Policy  
From: City Manager 
Contact: Gil Dong, City Manager’s Office, 981-7000 
Action: Received and filed. 

63. Audit Update: Construction Permits: Monitor Performance and Fee Assessments to Ensure Excellent and Equitable Customer Service  
From: City Manager 
Contact: Eric Angstadt, Planning and Development, 981-7400 
Action: Received and filed. 

64. Bike Share Public Outreach and Agreements  
From: City Manager 
Contact: Phillip Harrington, Public Works, 981-6300 
Action: Received and filed. 

65. Community Environmental Advisory Commission 2015 Work Plan  
From: Community Environmental Advisory Commission 
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400 
Action: Received and filed. 

66. Mid-year Update from Energy Commission  
From: Energy Commission 
Contact: Neal DeSnoo, Commission Secretary, 981-7400 
Action: Received and filed. 

67. Recommended Changes to Berkeley Police Department General Order N-17, Suspicious Activity Reporting and Relationship With the Northern California Regional Intelligence Center  
From: Police Review Commission 
Contact: Katherine Lee, Commission Secretary, 981-4950 
Action: Moved to Consent Calendar and held over to October 27, 2015. 

68. Report of the Alameda County Transportation Commission, May 28, 2015 and June 25, 2015  
From: Councilmember Capitelli 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Received and filed.     

Public Comment – Items Not Listed on the Agenda – 0 speakers  
Adjournment: 
Action: M/S/C (Bates/Wengraf) to adjourn the meeting.
Vote: All Ayes. 
Adjourned at 11:22 p.m. in memory of: 
1.    Chuck Teller, Local Activist   
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 - http://www.ci.berkeley.ca.us/recordsonline/Search.aspx. 

Item 36: In Support of the People of Okinawa  

1.    Keith Barton   
Item 52: Oppose House Resolution 3009 “Enforce the Law for Sanctuary Cities Act” and Send a Letter to U.S. Senators Feinstein and Boxer 
2.    Diana Bohn 
Life Long Acupuncture Clinic 
3.    Chrystal Rose
 Housing Dispute Mediation 
4.    Gregory Harper 
 Water Usage 
5.    Kelly Hammargren 
6.    Robert Gaustad 
Homelessness 
7.    Liz Ozol
8.    Kelly Hammargren
Berkeley Honda’s Community Giving 
9.    Ali Kashani 
Sidewalk Litter & Loitering 
10. Linda Wadley 
Affordable Housing 
11. Carol Sawdey 
12. David Lerman 
NY Times Article 
13. Genevieve Wilson  
Campanile Way 
14. Kelly Hammargren (2)
15. Steven Finacom
16. Joanne De Phillips 
Mini-Dorms/Frat Activity 
17. Paul Ghysels (2) 
Farmers Market
18. Elizabeth Mackenzie 
19. Judith Nakadegawa 
Clear Cutting 
20. Dorothea Dorenz 
Sustainability Checklist 
21. Kelly Hammargren 
Adeline Corridor Development 
22. Community Health Commission 
Fracking 
23. Leanna Parsons 
Center Street Garage 
24. Kelly Hammargren 
Tree Trimming 
25. Ken Johnson 
Housing Voucher Program 
26. Charlene Woodcock 
Harassment Complaint 
27. Charles & Kikuko Jackson 
Leasing Fees 
28. Rafael Paschoal 
824 University Avenue 
29. Morgan Read 
Food Carts on College/Bancroft 
30. Daryl Ross 
Ace Hardware Relocation 
31. Frank Binder 
Support of Veterans Day Event 
32. Shelley Rideout, on behalf of the Berkeley Historical Society
CNA Newsletter 
33. Ted Edlin 
2211 Harold Way/Shattuck Cinemas 
34. David Weinstein 
35. Caren Quay 
36. Jim Quay 
37. Charlene Woodcock (2)
38. Lynda Luisa
39. Hal Gelb 
40. Patrick Sheahan 
41. Diego Aguilar-Canabal 
42. Erin Diehm (9) 
Zero Net Energy 
 43. Kelly Hammargren
Poison Bait Boxes 
44. Tom & Jane Kelly 
Berkeley Public Library Practices 
45. Dorothea Dorenz (4) 
46. Arthur Boone
47. Soula Culver 
48. Peace & Justice Commission 
49. Margot Smith 
50. Donald Goldmacher 
51. Karen Eisenstadt 
52. Roya Arasteh 
53. Ivan Arguelles 
54. Keith Barton 
55. Jean Peters 
56. Charlotte Shoemaker 
57. Barry Lefsky 
58. David Wallace 
59. Rosemary Vimont
60. R’Sue Caron 
61. Leonard Pitt 
62. Marilyn Simons 
63. Timothy Burgess 
64. Guy Wohlford 
Commissioner Recusal 
65. Daniel Moore, on behalf of Berkeley Tenants Union 
Council Concerns 
66. Tree Fitzpatrick (16) 

Supplemental Communications and Reports 1

Item 36: In Support of the People of Okinawa 
67. Isao Moriya 
68. Ryuji Teruya
69. Satoko Kato 
70. Tamaki Yoshida 
71. Unknown (2) 
Item 58: Amendment to BMC Chapter 9.80 - Tobacco Retailers 
72. Cassie Ray, on behalf of the American Cancer Society Cancer Action Network 
Item 59a: Revisions to Minimum Wage Ordinance B.M.C 13.99 
Item 59b: Proposed Amendments to the Minimum Wage Ordinance; Amending Berkeley Municipal Code Chapter 13.99 

73. Elon Khelif & Gabe Duran 
74. Ruth Maguire 
75. Helen Dickey 
76. Benita Smith
77. Judith Grether
78. Diana Bohn
79. Vincent Casalaina
80. Carolyn Scarr 

Supplemental Communications and Reports 2

Item 36: In Support of the People of Okinawa 

81. Senaga Osamu 
82. Yoko Kumano 
83. Saemi Wollny 
84. Ryoko Shinzato 
85. Diana Bohn (2) 
86. Hideki Yoshikawa 

Item 43: Prohibit Sales of Tobacco Products to Persons Under the Age of 21

Item 44: Raising the Minimum Age for Purchasing Tobacco Products to 21 

87. Jaime Varela
88. Lynda Barbour, on behalf of the American Cancer Society Cancer Action Network

Item 49: Refer to the City Manager, Disability Commission, and Planning Commission to Develop an Ordinance Requiring New Residential Buildings to Provide Auto-door Openers and Roll-in Showers 

89. Margie Cochran 

Item 52: Oppose House Resolution 3009 “Enforce the Law for Sanctuary Cities Act” and Send a Letter to U.S. Senators Feinstein and Boxer 

90. Peace & Justice Commission 

Item 58: Amendment to BMC Chapter 9.80 - Tobacco Retailers 

91. Henry Philofsky (2) 
92. Zeaad Handoush 
93. Steve Duffy, on behalf of the National Association of Tobacco Outlets, Inc. 
94. Berkeley Tobacco Retailers 
95. Lynda Barbour, on behalf of the American Cancer Society Cancer Action Network

Item 59a: Revisions to Minimum Wage Ordinance B.M.C 13.99 

Item 59b: Proposed Amendments to the Minimum Wage Ordinance; Amending Berkeley Municipal Code Chapter 13.99 

96. Jessica LaMaack, on behalf of the California Restaurant Association 
97. Nancy Bickel, on behalf of the League of Women Voters of Berkeley, Albany, Emeryville 
98. Julianna Dickey 
99. Robert Gaustad
100. Ty Hudson
101. Polly Armstrong
102. John Paluska 
103. Diana Gordon 
104. Phoebe Sorgen 
105. Chimey Lee 
106. Sheila Goldmacher 
107. Kellen Gauthier 
108. Susan Grant 
109. Michael Donaldson 
110. Claudia Castro 
111. Mary Canales 

Supplemental Communications and Reports 3

Item 21: Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 8068A Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for 3 Fire Engines and 1 Hazardous Materials Spill Response Vehicle 

112.      Doug Feldman

Item 36: In Support of the People of Okinawa 

113.      Diana Bohn 

Item 39: Mandatory Green Stormwater Infrastructure in New Developments 

114.      Laurie Capitelli, District 5 

Item 57: City Manager Referral: Reinstate Inviting Community Agencies to Make Presentations During the Commission Funding Process 

115.      Pil Orbison 

Item 58: Amendment to BMC Chapter 9.80 - Tobacco Retailers 

116.      Presentation, submitted by Health, Housing & Community Services 
117.      Angie Manetti, on behalf of the California Retailers Association 

Item 59a: Revisions to Minimum Wage Ordinance B.M.C 13.99 

Item 59b: Proposed Amendments to the Minimum Wage Ordinance; Amending Berkeley Municipal Code Chapter 13.99 

118.      Presentation, submitted by Commission on Labor 
119.      Presentation, submitted by Health, Housing & Community Services 
120.      Elmwood Business District 
121.      Lynn Riordan 
122.      Gar Smith 
123.      Douglas Miller 
124.      Unknown (2) 

Item 60: Berkeley Fair Elections Public Campaign Financing Ballot Measure 

125.      Nancy Bickel, on behalf of the League of Women Voters Berkeley, Albany, Emeryville 

30th Anniversary Citizens for East Shore Parks

126.      Unknown

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