Regular Meeting Annotated Agenda
July 13, 2010

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 13, 2010
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: 7:01 p.m.  Councilmember Wengraf present: 7:03 p.m.

Ceremonial Matters

  1. Jerrie Meadows
  2. Edy Boone
  3. New Downtown Berkeley Bike Station

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Consent Calendar

Action: M/S/C (Maio/Worthington) to adopt Consent Calendar in one motion except as indicated:

1. Amendment to Drinking in Public Ordinance, BMC Section 13.36.070 (PDF)
From: City Manager
 
Recommendation: Adopt second reading of Ordinance No. 7,149–N.S. amending Berkeley Municipal Code Section 13.36.070 regarding drinking in public.
Financial Implications: None
First Reading Vote: Ayes:  Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Noes: None.  Absent:  Moore.
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,149–N.S.

2. Ordinance Clarifying Limitations Period for Tax Collection (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,150–N.S. adding Chapter 7.22 of the Berkeley Municipal Code, clarifying when the limitations period for collecting City taxes begins.
Financial Implications: See report
First Reading Vote: Ayes:  Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Noes:  None.  Absent:  Moore.
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,150–N.S.

3. City Manager Recess Authority to Increase FY 2011 Community Agency Advances (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2011 advances to community agencies, not to exceed the authorized allocation, for those agencies included in the FY 2011 Adopted Budget and subject to the conditions set forth in the budget Resolution, including meeting specific performance criteria.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Adopted Resolution No. 64,971–N.S.

4. Schedule Worksession: Citywide Workplan in Light of Staffing and Budget Reductions and authorize the City Manager to respond to State Budget Actions During Council Recess (PDF)
From: City Manager
Recommendation: Schedule a Worksession in October, 2010 to discuss the Citywide Workplan in light of staffing and budget reductions; and authorize the City Manager to respond to State budget actions during Council recess, including increasing any pass-through surcharges to compensate for increases imposed by the State.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Approved recommendation.

5. Appointment of Director of Health Services (PDF)
From: City Manager 
Recommendation: Adopt a Resolution confirming the appointment of Beth Meyerson as Director of Health Services to be effective August 8, 2010.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,972–N.S.

6. Confirming the Results of the June 8, 2010 Special Municipal Election (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the results of the June 8, 2010 Special Municipal Election for Measure C - The Berkeley Pools Bond.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 64,973–N.S.

7. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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 - $825,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

8. Fair Trade Policy (PDF)
From: City Manager
Recommendation: Adopt a Resolution supporting a fair trade policy for the City of Berkeley.
Financial Implications: Unknown
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,974–N.S.

9. Contract No. 8105 Amendment: Human Propelled Solutions dba Pedal Express (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to increase the current contract with Human Propelled Solutions dba Pedal Express, a bicycle courier service, by $40,400 to an amount not to exceed $87,900 through the end of FY11.
Financial Implications: Various Funds - $87,900
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,975–N.S.

10. Contract No. 6841 Amendment: United Pharmacy for Prescription Psychiatric Medications (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6841 with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $207,959 for a total contract amount not to exceed $1,172,877, and to extend the expiration date to June 30, 2011.
Financial Implications: Various Funds - $207,959
Contact: Peggy Gibbons, Health Services, 981-5100
Action:  Adopted Resolution No. 64,976–N.S.

11. Contract No. 7345 Amendment : Fred Finch Youth Center and Contract No. 7338 Amendment: Youth Engagement Advocacy Housing (YEAH) for Community-Based Mental Health Services (PDF)
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to 1) Contract No. 7345 with Fred Finch Youth Center for the provision of intensive mental health support services for youth to increase the amount by $143,675 for a total contract amount not to exceed $582,285 and to extend the term to June 30, 2011, and 2) Contract No. 7338 with Youth Engagement Advocacy Housing (YEAH) for the provision of mental health services and supports for transition aged youth to increase the amount by $101,768 for a total contract amount not to exceed $407,906, and to extend the term to June 30, 2011.
Financial Implications: See report
Contact: Peggy Gibbons, Health Services, 981-5100
Action:  Adopted Resolution No. 64,977–N.S. and Resolution No. 64,978–N.S. revised to reflect the total amount of Contract No. 7388 not to exceed $408,211.

12. Classification: Paralegal (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees to establish the classification of Paralegal with a monthly salary range of $5,184 - $6,212, effective July 11, 2010.
Financial Implications: Various Funds - $96,795
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,979–N.S.

13. Contract No. 8259 Amendment: Premier COMP Medical Group (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Premier COMP Medical Group, Contract No. 8259, for occupational health annual and pre-employment medical examinations for all sworn fire personnel and to add a wellness/fitness component to the existing annual physicals.  The amendment extends the term of the contract from September 30, 2010 to September 30, 2012 and will increase expenditure authority by $130,001 to an amount not to exceed $180,000 through September 30, 2012.
Financial Implications: General Fund - $130,001
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Removed from Agenda.

14. Memorandum of Understanding – Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a new two-year Memorandum of Understanding with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (hereinafter referred to as the “Association”) with a term of June 27, 2010 through June 23, 2012 that includes no adjustments to salaries during the term of the agreement but contains several changes in benefits and terms and conditions of employment.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Moved to Action Calendar. 0 Speakers.  M/S/C (Worthington/Moore) to adopt Resolution No. 64,980–N.S. authorizing the City Manager to execute and implement a new two-year Memorandum of Understanding with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (hereinafter referred to as the “Association”) with a term of June 27, 2010 through June 23, 2012 that includes no adjustments to salaries during the term of the agreement but contains several changes in benefits and terms and conditions of employment.
Vote: Ayes: Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Noes: Maio.  Abstain: Capitelli.

15. Acquisition of a Library Bookvan and Redesignation of a 25'-0" Yellow-Curbed Parking Zone on Bancroft Way to Exclusive Grey-Curbed Library-Use Only Parking (PDF)
From: City Manager
Recommendation: Adopt a Resolution to authorizing the City Manager to execute a purchase order with OBS Inc. of Canton, Ohio for the acquisition of a van configured for the provision of mobile library services during the closure periods of the four branch libraries while undergoing construction related to the Measure FF funded Branch Libraries Improvement Program in an amount not to exceed $83,200 and to redesignate a 25'-0" yellow-curbed parking zone on Bancroft Way to a grey-curbed zone for exclusive Library-use only parking.
Financial Implications: Measure FF Fund - $83,200
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 64,981–N.S.

16. Contract: Gilman Fields - Phase 2A Construction (PDF)
From: City Manager
Recommendation: Adopt a Resolution 1) Approving plans and specifications for the Gilman Fields Project , (bid spec. no. 10-10464-C); 2) Authorizing the City Manager or his designee to execute a construction contract and any amendments, extensions or other change orders to the lowest responsive, responsible bidder during the Council Summer 2010 recess in order to complete the project in accordance with the approved plans and specification; and authorizing a total amount not to exceed $720,000 for the construction contract bid amount and contingency.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,982–N.S.

17. Grant Applications to CalRecycle for All Hazardous Waste Grants Including Extension of the Used Oil Payment Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing staff to submit applications to and accept grant funds and execute any resultant grant agreement with the Department of Resource Recycling and Recovery (CalRecycle) for the Used Oil Payment Program and other hazardous waste grants.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,983–N.S.

18. Agreement Between the City of Berkeley and Alta Bates Medical Center Regarding Parking Enforcement by use of Mobile License Plate Reader (PDF)
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to accept the donation of one ELSAG Parking Enforcement License Plate Reader system from Alta Bates Medical Center to enhance the enforcement of residential parking rules in the 14-block residential area ("Core Area" as defined in the use permit) surrounding the Alta Bates Medical Center.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 64,984–N.S.

19. Contract: 2010-11 Department of Alcoholic Beverage Control Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Fiscal Year 2011 Department of Alcoholic Beverage Control (ABC) Grant funding in the amount of $78,378 and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.
Financial Implications: Alcoholic Beverage Control Grant - $78,378
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 64,985–N.S.

20. Contract: Sloan/Vazquez LLC for Assessment of the Solid Waste Management Division (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Sloan/Vazquez LLC to provide an assessment of the Solid Waste Division for an amount not to exceed $74,500 for the period July 14, 2010 to December 31, 2010.
Financial Implications: Refuse Fund - $74,500
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,986–N.S.

21. Contract: Structural Group, Inc. for Transfer Station Tipping Floor Abrasion (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the execution of a contract and any amendments with Structural Group, Inc., for the repair of the Transfer Station tipping floor in an amount not to exceed $226,980.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,987–N.S.

22. Contract No. 7429 Amendment: W. R. Forde Associates for Aquatic Park Cleaning Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7429 with W.R. Forde Associates for Aquatic Park Cleaning for disposal of spoils and site stabilization to complete the Aquatic Park Cleaning Project, increasing the contract by $250,000 for a total not to exceed $415,125 for all services.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,988–N.S.

23. Contract No. 7198B Amendment with SCS Field Services for Cesar Chavez Park Landfill Post-Closure Monitoring and Maintenance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7198B with SCS Field Services for engineering services for landfill post-closure monitoring and maintenance at Cesar Chavez Park, increasing the amount by $545,000 for a total not to exceed $1,226,826, and extending the expiration date to September 30, 2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,989–N.S.

24. Grant: Safe Routes to School for Emerson Elementary School et al (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant applications to the Caltrans Safe Routes to School program for traffic safety improvements around three Berkeley public schools (Emerson Elementary School, John Muir Elementary School and Martin Luther King Middle School) totaling $857,167; and accept the grants awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,990–N.S.

25. Contract No. 8112 Amendment: Blackshear Construction for the Design/Build of the Fire Warehouse (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8112 with Blackshear Construction, increasing the contract by $440,000 for a total contract amount not to exceed $1,704,185 for all services.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,991–N.S.

26. Contract No. 8353 Amendment: D’Arcy & Harty Construction, Inc. for Sanitary Sewer Project on Derby Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8353 with D’Arcy & Harty Construction, Inc. for urgent sanitary sewer rehabilitation on Derby Street between Shattuck Avenue and Ellsworth Street, increasing the amount by $657,500 for a total amount not to exceed $1,200,000.
Financial Implications: Sanitary Sewer Fund - $657,500
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,992–N.S.

27. Contract No. 7810 Amendment: Noll & Tam Architects and Planners for Architectural Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7810 in an amount not to exceed $63,000 with Noll & Tam Architects and Planners for architectural services for the 830 University Health Building and South Berkeley Senior Center Fire Alarm and ADA upgrades, for a total contract not to exceed $163,000 and extend the period fifteen months through September 30, 2011.
Financial Implications: Various Funds - $63,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,993–N.S.

28. Contract No. 7766 Amendment: Kappe + Du Architects for Architectural Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7766 with Kappe + Du Architects for architectural services for upgrades to Fire Station No. 5 and Civic Center Building and Public Safety Building Data Centers upgrades, increasing the contract by $135,000 for a total not to exceed $235,000 and extending the period fifteen months through September 30, 2011. 
Financial Implications: Various Funds- $135,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,994–N.S.

29. Audit: Efficiency and Transparency of Contract Fiscal Management Needs Improvement (PDF)
From: Auditor
Recommendation: Request the City Manager to report back on or before January 18, 2011 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

30. Support of H.R. 898—Democracy in Burma and Opposition to Crimes Against Humanity (PDF)
From: Peace and Justice Commission
Recommendation: Direct the City Clerk to send a letter to Representative Barbara Lee urging her to co-sponsor House Resolution 898 to support democracy and action to end the crimes against humanity taking place in Burma today.
Financial Implications: See report
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Adopted Resolution No. 64,995–N.S. as revised to reflect Phoebe Sorgen as absent in the Peace and Justice Commission minutes.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Abstain: Bates.

31. Opposition to Burmese Military Regime’s Illegitimate 2010 Election (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution to reject the Burmese military regime’s 2010 illegitimate election.
Financial Implications: See report
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Adopted Resolution No. 64,996–N.S. as revised to reflect Phoebe Sorgen as absent in the Peace and Justice Commission minutes.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Abstain: Wengraf, Wozniak, Bates.

Council Consent Items

32. Appointment of Richelieu Hemphill to the Berkeley Housing Authority (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution approving the appointment of Richelieu Hemphill to the vacant position on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,997–N.S.

33. Supporting California Air Resources Board's Leadership in the Development of Programs to Reduce Greenhouse Gas Emissions and Air Pollution in California (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution supporting the State of California and the California Air Resources Board leadership in developing and adopting expanded Low Emission Vehicle (LEV III) standards to reduce criteria air pollutants and greenhouse gases and to strengthen the state's zero emission vehicle program to protect the health of California's economy, environment and its people.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,998–N.S.

34. Opposition to State Water Bond (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution opposing the State Water Bond, euphemistically called the Safe, Clean and Reliable Drinking Water Supply Act of 2010, and request the State Legislature to remove the bond measure from the November 2010 ballot because it will further increase the State's already over-burdened debt capacity.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,999–N.S.

35. Proposal for the Metropolitan Transportation Commission’s (MTC) Bay Area Climate Initiative Grants (PDF)
From: Mayor Bates
Recommendation: Grant the City Manager authority to make the necessary changes in program design, development and budget and submit a full grant proposal by the July 30 deadline to MTC Climate Initiative Grants-Innovation Grant for a two-year implementation project that will reduce greenhouse gas emissions resulting from vehicles.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

36. Official City Sponsorship of the ARTSPARK! Festival (PDF)
From: Councilmembers Moore and Anderson
Recommendation: Approve City sponsorship of the ARTSPARK! Festival
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

37. Referral to City Manager and 4x4 Committee: Anti-Harassment Policy (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the City Manager and to the 4x4 City Council/Rent Board Joint Committee on Housing the creation of an Anti-Harassment Ordinance, to define and prohibit the harassment of tenants in the City of Berkeley.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved recommendation.

38. Referral to Community Environmental Advisory Commission: Sustainable Seafood (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the Community Environmental Advisory Commission for study the issue of sustainable seafood and labeling requirements of fresh or frozen fish and request that the Community Environmental Advisory Commission return to Council with a recommendation for a process to educate the public and possible labeling requirements within 90 days.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved recommendation as revised to direct the City Manager to determine an appropriate date for the referral to return to Council.

39. Referral to City Manager and Community Health Commission: Tobacco Free School Zones (PDF)
From: Councilmember Arreguin
Recommendation: Refer the proposed ordinance to the City Manager and Community Health Commission, to prohibit the sale of tobacco near schools and request that the Zoning Adjustments Board review the proposal and make a recommendation to the City Council within 90 days.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved recommendation as revised to direct the City Manager to determine an appropriate date for the referral to return to Council.

40. Referral to Housing Advisory Commission: Tenant Screening Fees (PDF)
From: Councilmember Arreguin
Recommendation: Refer the proposed ordinance to the City Manager and Housing Advisory Commission to prohibit the charging of fees to potential tenants as a condition of consideration and request that the Housing Advisory Commission review the proposal and make a recommendation to the City Council within 90 days.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Removed from Agenda.

41. Supporting Food and Water Watch’s Spill The Truth Campaign to Temporarily Shut Down The BP Atlantis Oil Rig (Continued from June 29, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to President Barack Obama, urging him to direct Secretary of the Interior Ken Salazar to temporarily shut down the BP Atlantis oil platform until federal regulators can prove the rig operates safely.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Moved to Action Calendar.  Continued to September 21, 2010.

42. Support U.S. Labor Against the War by Adopting a Resolution Condemning the War (PDF)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation: Adopt a Resolution, supporting U.S. Labor Against the War in their effort to end the Wars in Iraq and Afghanistan by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Removed from Agenda.

43. State Legislation to Bar All Utility Companies Including PG&E from Spending Ratepayer Revenue on Political Campaigns (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Senator Mark Leno’s proposed bill, which seeks to bar all utility companies including PG&E from using ratepayer revenues to fund political campaigns.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Moved to Action Calendar.  Continued to September 21, 2010.

44. Opposing the Proposed Comcast-NBC Universal Merger (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to the Federal Communications Commission (FCC) and Justice Department Anti-trust Division urging opposition to the proposed Comcast-NBC merger.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from Agenda.

45. Raising the Ethiopian Flag on the Annual Enkutatash Festival (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Co-sponsor the Enkutatash Festival to celebrate the Ethiopian New Year and allow the Ethiopian Flag to be raised on Saturday, September 04, 2010.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation as revised to clarify that the celebration is not religious event.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Abstain: Wengraf, Wozniak, Bates.

Action Calendar – Public Hearing

46. North Shattuck Business Improvement District (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt two resolutions: 1)  Confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) (Exhibit A) for Fiscal Year 2010 and levying assessments in the District for Fiscal Year 2011, and upon approval;  2)  Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the District Management Plan and approve the FY 2011 Work Plan for the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Capitelli) to close the public hearing.
Action: M/S/C (Arreguin/Worthington) to adopt two resolutions:

1) Resolution No. 65,000–N.S. confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) (Exhibit A) for Fiscal Year 2010 and levying assessments in the District for Fiscal Year 2011, and upon approval;

2) Resolution No. 65,001–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the District Management Plan and approve the FY 2011 Work Plan for the NSBID.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Abstain: Wengraf, Wozniak, Bates.

47. Renewal: Elmwood Theater Business Improvement Area Assessments (PDF)
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2010 and levy assessments in the Area for FY 2011.
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/Maio) to close the public hearing.
Action: M/S/C (Wozniak/Moore) to adopt Resolution No. 65,002–N.S. confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2010 and levy assessments in the Area for FY 2011.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Abstain: Wengraf, Wozniak, Bates; Noes - None. 

Councilmember Maio absent: 8:08 p.m. – 8:36 p.m.

48. Assessments: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2010 and levying assessments in the District for FY 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 3 speakers.  M/S/C (Worthington/Wozniak) to close the public hearing.

Action: M/S/C (Worthington/Wozniak) to adopt Resolution No. 65,003–N.S. confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2010 and levying assessments in the District for FY 2011.

Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Maio.

49. ZAB Appeal: 2421 Ninth Street (PDF)

Administrative Record (PDF)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution dismissing the appeal and approving Use Permit #05-10000084 to construct a two-story, 1,279 square-foot, detached dwelling unit with a reduced rear yard setback of 10 feet at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, consistent with the Zoning Adjustment Board (ZAB) approval of May 14, 2009.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing.3 speakers.  M/S/C (Moore/Capitelli) to close the public hearing.

Action: M/S/C (Moore/Wengraf) to direct staff to prepare findings and return on September 21, 2010 for denying Use Permit #05-10000084 to construct a two-story, 1,279 square-foot, detached dwelling unit with a reduced rear yard setback of 10 feet at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit.

Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Recused: Maio.


Action Calendar - Old Business

50.    Downtown Area Ballot Measure General Plan Amendments and CEQA Findings

a. From: City Manager (PDF)

Revised Agenda Material (PDF)

Recommendation: For the proposed Downtown Area Ballot Measure to be included on the November 2010 ballot, adopt:

1.   Resolution certifying the Downtown Area Plan EIR, adopting an addendum to the EIR, adopting findings of Fact regarding environmental impacts, mitigation measures, alternatives and overriding considerations, adopting a mitigation monitoring and reporting program. 

2.   Resolution amending the General Plan and bringing it into conformance and consistent with the proposed Ballot Measure contingent on passage of the ballot measure by the voters. 

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b. From: Mayor Bates and Councilmembers Moore, Capitelli and Maio (PDF)
Recommendation:
Place on the 2010 Ballot, a measure for voter approval adopting a Green Vision for the downtown, designating the Downtown Plan Area, adopting certain policies for the downtown, and stating the voters’ intention that the Council adopt a Downtown Area Plan that implements that green vision and voter-adopted policies.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7000
Speakers: 9
Action: M/S/C (Moore/Capitelli) to adopt the following:

1.   Resolution No. 65,005–N.S. certifying the Downtown Area Plan EIR, adopting an addendum to the EIR, adopting findings of Fact regarding environmental impacts, mitigation measures, alternatives and overriding considerations, adopting a mitigation monitoring and reporting program as revised to include all revisions made on Item 50b.

2.   Resolution No. 65,006–N.S. amending the General Plan and bringing it into conformance and consistent with the proposed Ballot Measure contingent on passage of the ballot measure by the voters as revised to read as follows:

Attachment 2, Exhibit A to include “1990” in Figure 2.

Policy UD-22 Regulating New Construction and Alterations

Actions:

A. Except in the downtown area and consistent with the Green Pathway approved by the voters November 2010, continue to require full Use Permits (with public hearings) for all substantial projects, thereby enabling both the imposition of area sensitive conditions of approval and a ready means for citizen input.

3.   Place on the 2010 Ballot, a measure for voter approval adopting a Green Vision for the downtown, designating the Downtown Plan Area, adopting certain policies for the downtown, and stating the voters’ intention that the Council adopt a Downtown Area Plan that implements that green vision and voter-adopted policies, revised to reflect the following:

Section 3.                     Policies 

2.  Land Use. Encourage a mix of transit oriented housing development to encourage a diversity of residents of all income levels and family sizes and encourage a mix of land uses that allow most daily needs to be met on foot.

3.  Historic Preservation. “Preserve historic buildings and provide where appropriate for their rehabilitation, adaptive reuse and/or appropriate intensification.

4. Economic Development. Support and encourage existing and new shops, restaurants, and cultural uses (such as theaters, music venues, museums, and galleries) and attract locally-serving businesses of a variety of sizes, to provide a wide variety of goods and services, with adequate public parking.  Promote family-friendly uses, such as childcare and preschools, and cultural, recreational, and educational activities for children. Seek to retain and expand hotels that provide meeting and conference facilities to improve Berkeley’s vitality, and its tax base.

6.Urban Design. Encourage exceptional, high-quality new architecture, and minimize noise, wind, glare, shadowing and other impacts from development. 

7.Alternative Transportation Modes.  Enhance and expand transit opportunities, walking and bicycle use, and other alternatives to the use of single occupancy/high-emission vehicles. 

9.  Community Services. Retain and expand effective health-related services, youth, senior and social services in the Downtown for those of all income levels, and work with owner of Herrick site to include community-serving health services as part of any redevelopment of that site.

11.  New Green Standard Development Requirements: Modify existing development standards to require environmentally sustainable building in all cases, except historic rehabilitations and adaptive reuse of existing buildings.

12.  Green Pathway Development Requirements and Review. Establish a voluntary “Green Pathway” development review process that would provide a streamlined permit process for buildings that move beyond the New Green Standard Development requirements, providing extraordinary public benefits that could not otherwise be obtained. Green Pathway projects shall conform with building height standards described in Section 4, and zoning shall require mitigation of air quality, noise, and short-term construction impacts, as well as the possible disturbance of archaeological resources.

 

Green Pathway buildings over 75 feet would have the following additional requirements and limitations:

a)         Buildings with more than 100 units of housing or office buildings above 75’ will pay prevailing wages for construction workers and employ approximately 16% of total employees as apprentices from State Certified Apprenticeships with a record of graduating apprentices.

Section 4.     Guidance for Council Decision-Making

2. b       Buildings up to 75 feet allowed with a use permit on Shattuck Avenue from Hearst Avenue to Haste Street and along University Avenue from Oxford to Milvia Streets.

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

Action: M/S/C(Maio/Moore) to revise the ballot question to read as follows:

Shall the City of Berkeley adopt policies to revitalize the downtown and help make Berkeley one of the greenest cities in the United States by meeting our climate action goals; concentrating housing, jobs and cultural destinations near transit, shops and amenities; preserving historic resources; enhancing open space; promoting green buildings; and calling for 2 residential buildings and 1 hotel no taller than our existing 180 foot buildings and 2 smaller office buildings up to 120 feet?

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

51. Place Medical Marijuana Ordinance Amendments on the November 2010 Ballot (Continued from July 6, 2010) (PDF)
From: City Manager
Recommendation:  In response to the City Council’s discussion regarding Medical Marijuana regulations and taxation, consider and approve language for 2 ordinances to place on the ballot in November 2010, (1) Business License Tax Amendments; and (2) Amendment of regulations governing Medical Cannabis.
Financial Implications: $310,000 from business license tax amendments.
Contact: Zach Cowan, City Attorney, 981-6950
Speakers: 18

Action: M/S/C (Maio/Moore) to place on the ballot in November 2010, an ordinance amending the regulations governing Medical Cannabis as revised to reflect the following:

  • 23E.16.070 Medical Cannabis Uses

C.   Uses such as, but not limited to, testing, processing, and food preparation, that involve medical cannabis as defined in Chapter 12.26 but do not involve dispensing, client, patient or member services, or cultivation (other than for testing), shall be evaluated and regulated under this Title without regard to the fact that they involve medical cannabis, except that no commercial facility used for medical cannabis food preparation may be used for the preparation of any other type of food.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington.  Abstain: Wengraf, Wozniak, Bates.

Action: M/S/C (Worthington/Wengraf) to place on the ballot in November 2010, an ordinance amending Business License Tax Amendments as revised to reflect the following:

B.   A medical cannabis dispensary existing and authorized as of January 1, 2010 that does not comply with this Section, may continue at its current medical cannabis dispensing location and shall be considered a legal nonconforming use. Notwithstanding Section 23C.04,060, or subdivision (A)(2) of this Section, the Zoning Officer may approve an Administrative Use Permit to allow the expansion of a legal nonconforming medical cannabis dispensary use on any parcel or on two adjacent parcels where a dispensary was located on one of the parcels as of July 1, 2010.

23E.72.040

23E.72.040  Medical Cannabis Cultivation

A.   Notwithstanding anything to the contrary in this Chapter, cultivation of medical cannabis as defined in Chapter 12.26, shall be permitted as a matter of right with a Zoning Certificate at 6 locations in the M District, subject to the following limitations:

1.   Such locations shall be limited to licensed medical cannabis organizations.

2.   Medical cannabis may not be dispensed, and client, patient or member services are prohibited, at such locations.

3.   No single space used for cultivation and associated uses by a licensee may exceed 30,000 square feet, except that separate spaces used by different licensees may be aggregated on the same site.

9.04.136 Cannabis Businesses.

      A. 2.     Except as provided in paragraph 1 of this subdivision, the tax on Medical Cannabis Businesses that is imposed by this Section shall be phased in as follows:

                              a.         The tax payable in 2011 shall be $18 per $1000 of gross receipts after June 30, 2010.

                              b.         The tax payable in 2012 shall be $25 per $1000 of gross receipts after January 1, 2011.

                              c.         The tax payable in subsequent years shall be $25 per $1000 of gross receipts during the preceding calendar year.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

52. Setting the Schedule, Deadlines, and Policy for the Filing of Ballot Measure Arguments: November 2, 2010 General Municipal Election (PDF)
From: City Manager
Recommendation: Adopt Resolutions placing three measures on the November 2, 2010 ballot and setting the schedule, deadlines, and policies for the filing of ballot measure arguments. 

1    Adopt a Resolution submitting a measure regarding the Downtown Area Plan to the voters of Berkeley at the November 2, 2010 General Municipal Election.

2    Adopt a Resolution submitting a measure to increase the tax rate on cannabis businesses to the voters of Berkeley at the November 2, 2010 General Municipal Election.

3    Adopt a Resolution submitting a measure to amend the City ordinance pertaining to Medical Marijuana to the voters of Berkeley at the November 2, 2010 General Municipal Election.

4    Adopt a Resolution setting the schedule, deadlines, and policies to file ballot measure arguments for city measures placed on the ballot at the November 2, 2010 General Municipal Election.

5    Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on each measure placed on the ballot as provided for in Elections Code Section 9282.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

Action: M/S/C (Maio/Moore) to adopt the following and to include all revisions made on Items 50 (AB) and 51:

1    Resolution No. 65,007–N.S. submitting a measure regarding the Downtown Area Plan to the voters of Berkeley at the November 2, 2010 General Municipal Election.

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

2    Resolution No. 65,008–N.S. submitting a measure to increase the tax rate on cannabis businesses to the voters of Berkeley at the November 2, 2010 General Municipal Election.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates.

3    Resolution No. 65,009–N.S. submitting a measure to amend the City ordinance pertaining to Medical Marijuana to the voters of Berkeley at the November 2, 2010 General Municipal Election.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

4    Resolution No. 65,010-N.S. setting the schedule, deadlines, and policies to file ballot measure arguments for city measures placed on teh ballot at the November 2, 2010 General Municpal Election.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes - None.

5    Designate Councilmember Maio, Wengraf, Capitelli and Bates to file ballot measure arguments on the Downtown Area Plan Ballot Measure provided for in Elections Code Section 9282.

6    Designate Councilmember Maio, Anderson, Wengraf and Mayor Bates to file ballot measure arguments on the Medical Marijuana Ordinance Amendments Ballot Measures provided for in Elections Code Section 9282.

Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

53. Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code (Continued from June 29, 2010) (PDF)
From:  Councilmember Worthington
Recommendation: Send a letter to the UC Berkeley Chancellor supporting the ACLU’s concerns about punitive interpretations of the UC Student Conduct Code.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from Agenda.

54. Oppose Social Security and Medicare Solvency Commission Act (S. 276) (Continued from June 22, 2010 and July 6, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter urging Senator Feinstein to withdraw this damaging bill or amend it to benefit the important needs of our senior citizens and people with disabilities and to send letters to Senator Boxer and Congresswoman Lee asking them to please oppose S. 276.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from Agenda.

Action Calendar – New Business

55. Voting Delegates - League of California Cities Annual Conference (PDF) 
From: City Manager
Recommendation: Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 17, 2010, at the San Diego Convention Center.
Financial Implications: General Fund - $550 per person
Contact: Deanna Despain, City Clerk, 981-6900
Action: Moved to Consent Calendar. Designated Councilmember Moore as a voting delegate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 17, 2010, at the San Diego Convention Center.

56. Discussion and Possible Action Regarding a Funding Reservation for Ashby Arts (PDF)
From: City Manager
Recommendation: If the Council desires to reauthorize a Housing Trust Fund (HTF) reservation for Ashby Arts, approve the attached resolution and direct the City Manager to continue to work with the developers to secure sufficient funding to construct the project.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action: 4 speakers M/S/C (Moore/Anderson) to adopt Resolution No. 65,011–N.S. reauthorizing a Housing Trust Fund (HTF) reservation for Ashby Arts revised to extend only until December 31, 2010.  Direct the City Manager to continue to work with the developers to secure sufficient funding to construct the project.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Worthington, Bates.  Noes: Maio, Wengraf, Wozniak.

57. Housing Trust Fund Reservation for Satellite Housing for the Acquisition of the Prince Hall Arms Senior Housing Site (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a funding reservation from the Housing Trust Fund in the amount of $497,000 for acquisition of the property located at 3135 Harper Street.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action: Moved to Consent Calendar. Adopted Resolution No.  65,012–N.S. approving a funding reservation from the Housing Trust Fund in the amount of $497,000 for acquisition of the property located at 3135 Harper Street.

58.  Willard Pool Status Update and Budgetary Considerations to Prevent Closure

a. From: City Manager (PDF)
Financial Implications:
See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

b. From: Councilmember Worthington (PDF)
Recommendation:
Initiate immediate consideration of short term, medium term, and possible long term solutions to prevent the Willard Pool from closing.

Option #1. Re-allocate funding from one street in District 7 or 8 which is scheduled to be repaved during this fiscal year.

Option #2. Re-allocate funding from any other possible source designated by the City Manager from salary savings, unbudgeted interest earnings, retirements, or other accounting solutions.

Option #3. Provide transportation from Willard Pool to other pools to minimize loss of service to this area and to increase revenue streams for other city pools.  This could take the form of bus passes or carpools or vanpools or any potential affordable transportation options.

Option #4. Initiate immediate talks with the BUSD to explore any possibilities small or large that might mitigate or prevent the loss of Willard Pool and the Warm Water Pool.

Financial Implications: Unknown.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: M/S/C (Worthington/Arreguin) to initiate immediate talks with the BUSD to explore any possibilities small or large that might mitigate or prevent the loss of Willard Pool and the Warm Water Pool.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates.

Action: M/S/C(Bates/Maio) to direct the City Manager to allocate a one-time $13,000 transfer from the General Fund or from Councilmembers’ Budgets to establish additional swimming times at West Campus.  Staff to monitor usage.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates.

c. From: Councilmembers Wozniak, Wengraf and Worthington (PDF)
Recommendation:
Direct the City Manager to send a letter to the Berkeley Unified School District Board of Education asking them to include $4 million in funds for the capital costs to renovate the existing pool and associated facilities at Willard School in their November 2010 bond measure.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action: Removed from agenda.

59.   Nomination of Berkeley Iceland for Listing in the National Register of Historic Places

a. From: Landmarks Preservation Commission (PDF)
Recommendation:
 Forward the LPC report supporting the nomination of Berkeley Iceland 2727 Milvia Street for National Register listing to the California State Office of Historic Preservation.
Financial Implications: See report
Contact: Jay Claiborne, Commission Secretary, 981-7400

b. From: City Manager (PDF)
Recommendation:
 Send a letter to the California State Office of Historic Preservation stating that the City Council has no comment on the nomination of Berkeley Iceland 2727 Milvia Street for national register listing because the local historic designation of the property is being reconsidered.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: 3 speakers.  M/S/C (Anderson/Moore) to send a letter to the California State Office of Historic Preservation stating that the City Council has no comment on the nomination of Berkeley Iceland 2727 Milvia Street for national register listing because the local historic designation of the property is being reconsidered.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin and Worthington.

60.   Odor Management at Pacific Steel Casting and Air District Enforcement

a. From: Community Environmental Advisory Commission (PDF)
Recommendation:
Direct the City Manager to write to the Board of Directors of the Bay Area Air Quality Management District (AQMD) to reflect the CEAC action below and specifically to ask them to: a. Request the AQMD rescind its acceptance of the recently court-ordered released Odor Management Plan and ask for public input before accepting the next update.   b. Review the action of the AQMD that resulted in the removal of an unconditional order of abatement against Pacific Steel Casting in a public hearing in Berkeley in 2000.
Financial Implications: None
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b. From: City Manager (PDF)
Recommendation:
Send a letter to the Board of Directors of the Bay Area Air Quality Management District (District) requesting active, independent monitoring of odor complaints.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Continued to September 21, 2010

61.   Installation of Automatic Gas Shut-off Valves Recommendation

a. From: Disaster and Fire Safety Commission (PDF)
Recommendation:
The Disaster and Fire Safety Commission concurs with the staff recommendation for the adoption of a mandatory ordinance requiring the installation of automatic gas shut off valves for residential buildings when newly constructed and when remodeling exceeds $50,000 in valuation.  Further, the commission recommends waiver of permit fees to encourage installation.
Financial Implications: See report
Contact: Sabina Imrie, Commission Secretary, 981-5502

b. Installation of Automatic Gas Shut-off Valves (PDF)
From: City Manager
Recommendation: 

1.   Adopt an Ordinance adding new Section 19.36.040, amending the Berkeley Plumbing Code Section 1210.1 requiring the installation of automatic gas shut off valves for newly constructed buildings or when remodeling exceeds $50,000 in valuation in existing buildings, with certain exceptions.

2.   Adopt a Resolution setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Building Code. Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved to Consent Calendar.

1.  Adopted first reading of Ordinance No. 7,151–N.S. adding new Section 19.36.040, amending the Berkeley Plumbing Code Section 1210.1 requiring the installation of automatic gas shut off valves for newly constructed buildings or when remodeling exceeds $50,000 in valuation in existing buildings, with certain exceptions. Second reading to be held September 21, 2010.

2.   Adopt Resolution No. 65,013–N.S. setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Building Code.


Council Action Calendar

62. Appointment of a Representative to the Alameda County Transportation Commission (PDF)
From: Mayor Bates
Recommendation: Consider for appointment, Laurie Capitelli or Kriss Worthington as the City Council's representative and alternate to the Alameda County Transportation Commission.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

Action: M/S/C (Maio/Wozniak) to approve appointment of Laurie Capitelli as the City Council's representative and Kriss Worthington as the alternate representative to the Alameda County Transportation Commission.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.  Abstain: Anderson, Arreguin.

Action: M/S/C (Worthington/Moore) to suspend the Rules of Procedure and extend the meeting to 12:00 a.m.

Action: M/S/C (Maio/Worthington) to suspend the Rules of Procedure and extend the meeting to 12:30 a.m.

Action: M/S/C (Bates/Worthington) to suspend the Rules of Procedure and extend the meeting to 12:45 a.m.

Action: M/S/C (Maio/Bates) to suspend the Rules of Procedure and extend the meeting to 1:00 a.m.

63. Request to Have a Workshop on July 13, 2010 to Discuss a Proposed Sunshine Ordinance (PDF)

Revised Agenda Material (PDF)
From: Councilmember Arreguin
Recommendation: Hold a workshop on July 13, 2010 to discuss previously proposed sunshine ordinances and submit a new Sunshine Ordinance proposal to Council.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Moved to Consent Calendar. Approved Councilmember Arreguin’s revised  recommendation to hold a workshop on September 28, 2010 to discuss previously proposed sunshine ordinances and submit a new Sunshine Ordinance proposal to Council.


Information Reports

64. Update on Mental Health Adult Clinic Surprise Cash Count Audit (PDF) 
From: City Manager
Contact: Peggy Gibbons, Health Services, 981-5100
Action: Received and filed.

65. Update on Medi-Cal Mental Health Audit (PDF)
From: City Manager
Contact: Peggy Gibbons, Health Services, 981-5100
Action: Received and filed.

66.    **Removed by City Manager**Council Referrals and Land Use Planning Work Program Priorities
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

67. 9TH Annual Peace Lantern Ceremony—August 7, 2010 (PDF)
From: Peace and Justice Commission
Contact: Eric Brenman, Commission Secretary, 981-5100
Action: Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 2 speakers.

Adjournment :1:03 a.m.

Communications

Item 59: Nomination of Berkeley Iceland for Listing in the National Register of Historic Places
1.    Kristina Lawson, Miller Starr Regalia

Supporting a Department of Peace and the Youth PROMISE Act
2.    Stephanie Thomas

Nuclear Free Waiver for 3M Contract
3.    Eric Brenman, on behalf of the Peace & Justice Commission

Supplemental Communications and Reports 1

Item 39: Referral to City Manager and Community Health Commission: Tobacco Free School Zones
4.    Alex Padilla

Item 50a: Downtown Area Ballot Measure General Plan Amendments and CEQA Findings

  • To be delivered material, submitted by Planning & Development (see agenda item)

Item 51: Place Medical Marijuana Ordinance Amendments on the November 2010 Ballot
5.    Charles Pappas
6.    Janet Weiss
7.    Lorna Byrne

Item 58: Willard Pool Status Update and Budgetary Considerations to Prevent Closure
8.    John Hulls

Item 60: Odor Management at Pacific Steel Casting and Air District Enforcement
9.    Janice Schroeder, on behalf of the West Berkeley Alliance for Clean Air and Safe Jobs

Item 62: Appointment of a Representative to the Alameda County Transportation Commission
10.    Sydney Vilen
11.    Stephanie Thomas
12.    Wendy Alfsen
13. Nancy Carleton
14. Phoebe Sorgen

Supplemental Communications and Reports 2

Item 39: Referral to City Manager and Community Health Commission: Tobacco Free School Zones

  • Revised materials, submitted by Jesse Arreguin, District 4 (see agenda item)

Item 41: Supporting Food and Water Watch’s Spill The Truth Campaign to Temporarily Shut Down The BP Atlantis Oil Rig

15. Unknown

Item 50: Downtown Area Ballot Measure General Plan Amendments and CEQA Findings

  • Revised materials, submitted by Tom Bates, Mayor (see agenda item)

16. Jesse Arreguin, District 4

17. Judith Epstein

18. Gene Poschman

Item 51: Place Medical Marijuana Ordinance Amendments on the November 2010 Ballot

  • Revised materials, submitted by Tom Bates, Mayor (see agenda item)

19. Janet Weiss
20. Joohn Choe

Item 56: Discussion and Possible Action Regarding a Funding Reservation for Ashby Arts
21. Stephen Wollmer

Item 58: Willard Pool Status Update and Budgetary Considerations to Prevent Closure
22. Nancy Carleton

Item 62: Appointment of a Representative to the Alameda County Transportation Commission
23. Soula Culver
24. Maura Hagerty
25. Christy Sloan
26. Sarah Kotzamani and Erich Keefe

Item 63: Request to Have a Workshop on July 13, 2010 to Discuss a Proposed Sunshine Ordinance

  • Revised materials, submitted by Jesse Arreguin, District 4 (see agenda item)

 “No Torture Week”
27. MaryAnn Thomas

Academic Malpractice / John Woo
28. David Sylvester

Affordable Housing
29. Stephen Wollmer