Regular Meeting Annotated Agenda
September 20, 2011

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 20, 2011
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: 7:04 p.m.  All present.

Ceremonial Matters: 

1.         Pledge of Allegiance to the Flag

2.         Berkeley High School Crew Team

3.         Berkeley Coffee and Tea Day

City Manager Comments:  Crime report for the first 6 months of the year.

Public Comment on Non-Agenda Matters: 2 speakers.


Public Comment on Consent Calendar and Information Items Only: 2 speakers.

Consent Calendar

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

Recess Items

1. Acceptance of Title X Funding for Family Planning and Health Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the Council recess, to accept grant funds from the California Family Health Council (CFHC), in the total amount of $171,836 for calendar year 2011 to support clinical reproductive health services, as well as individual and community health education and outreach activities; to execute the resultant revenue agreements, contracts and any amendments and extensions; and authorizing the implementation of the projects and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,425–N.S.
 
2. Contract: Bay Area Community Resources (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the Council recess, executing a contract with Bay Area Community Resources (BACR) for the placement of AmeriCorps interns at the Berkeley High School Health Center (BHSHC) and the Vera Casey Pregnant and Parenting Teen Program in the amount of $49,200 for the period July 1, 2011 through June 30, 2012.
inancial Implications: Various Funds - $49,200
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,426–N.S.

3. Amend and Increase the Predevelopment Loan Agreement with Resources for Community Development for the University Avenue Cooperative Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending the City's Predevelopment Loan Agreement with Resources for Community Development (RCD) for an additional $18,100, to complete the federal environmental review requirements for the University Avenue Cooperative Homes development (UA Co-op).
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,427–N.S.

4. Reallocation of Community Development Block Grant Funds to East Bay Community Law Center for Fair Housing Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to reallocate $35,544 in Community Development Block Grant (CDBG) funds to East Bay Community Law Center (EBCLC) to provide fair housing services between September 1, 2011 and June 30, 2012 and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,428–N.S.

5. Contract No. 8459 Amendment: City Mechanical, Inc. (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess, which authorizes the City Manager to execute an amendment to Contract No. 8459 with City Mechanical, Inc. for heating, ventilation and air conditioning services, increasing the contract not to exceed amount by $6,500 for a new not to exceed amount of $56,500.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,429–N.S.

6. Contract: Team Ghilotti, Incorporated for the Closed Landfill Riprap Improvements Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess:
1.   Approving specifications for Closed Landfill Riprap Improvements 11-10589-C;
2.   Accepting the bid withdrawal of Stevens Creek Quarry Construction; 
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 Team Ghilotti, Incorporated for the Closed Landfill Riprap Improvements Project, in an amount not to exceed $306,194, which includes a 20% contingency for unforeseen circumstances.
Financial Implications: Refuse Fund - $306,194
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,430–N.S.

Consent Calendar

7. Amendments to the Trees and Shrubs Ordinance, Berkeley Municipal Code Chapter 12.44 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.44 Trees and Shrubs Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted first reading of Ordinance No. 7,206–N.S.  Second reading scheduled for September 27, 2011.
 
8. Authorization of Credit Bid at Trustee's Sale for Acquisition of 3135 Harper Street and Execution of the Necessary Documents to Complete the Sale (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing City staff to credit bid at trustee's sale for acquisition of 3135 Harper Street and execute the necessary documents to complete the sale.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,431–N.S.

9. Settlement of Leticia Marquez v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 10 497398 entitled Marquez v. City of Berkeley, et al. in the amount of $95,000.
Financial Implications: Public Liability Fund - $95,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,432–N.S. revised to include payment to the Department of Health Care Services in the amount of $33,034.25 and payment to Leticia Marquez and her attorney, Matthew J. Witteman in the amount of $61.965.75.

10. Settlement of Sarah Raphael v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 09 484584 entitled Raphael v. City of Berkeley, et al. in the amount of $100,000.
Financial Implications: Public Liability Fund - $100,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,433–N.S.

11. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 12, 2011 (special closed and regular) and July 19, 2011 (special closed and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

12. Appointment of Director of Public Works (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Andrew Clough as Director of Public Works to be effective October 2, 2011.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 65,434–N.S.

13. Donation: Paula Althoff to the Animal Shelter in Remembrance of Councilmember Dona Spring (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $2,500 from Paula Althoff in remembrance of Councilmember Dona Spring.
Financial Implications: Animal Shelter Donation Fund - $2,500 (donation)
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 65,435–N.S.

14. Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF)
From: City Manager
Recommendation: Adopt a Resolution accepting the Annual Investment Report and renewing the delegation of authority to make investments to the Director of Finance.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,436–N.S. revised to read as follows:

“…BE IT FURTHER RESOLVED that the delegation of authority to the Director of Finance, or his or her designee, to make investments, including U.S. treasury bonds, pursuant to the investment policies is hereby renewed for FY 2012.”

15. 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 - $12,282,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

16. Contract No. 7676F Amendment: Universal Building Services for Citywide Janitorial Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7676F with Universal Building Services, increasing the contract amount by $65,000 for a total contract amount not to exceed $2,565,000 for the period July 1, 2008 to June 30, 2013.
Financial Implications: Permit Service Center - $65,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,437–N.S.

17. Revenue Contract: Alameda County for Mental Health Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue contract and any amendments and/or supplemental agreements thereto, including any changes to the projected annual revenue amount, with Alameda County for the provision of mental health services, including Medi-Cal, Medicare and Early Periodic Screening, Diagnostic and Treatment (EPSDT) billing and reimbursement, for the period of July 1, 2011 to June 30, 2012, with annual renewal thereafter.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,438–N.S.  No requirement for a single audit noted.

18. Contract No. 7722 Amendment: Milliman, Inc. for Actuarial Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722 with Milliman, Inc. (hereinafter "Milliman") by increasing expenditure authority in an amount not to exceed $60,000 for a total contract amount of $189,999 through June 30, 2012 for actuarial services pertaining to retiree medical benefit plans.
Financial Implications: General Fund - $60,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,439–N.S.

19. Contract No. 7470 Amendment: 2M Associates for Berkeley Tuolumne Camp Master Plan (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 with 2M Associates to provide environmental clearance documents for the Berkeley Tuolumne Camp Master Plan by adding $125,113 for a total amount not to exceed $227,162, for a term ending on December 31, 2012.
Financial Implications: Playground Camp - $125,113
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,440–N.S.

20. Voluntary Redevelopment Opt-In Program (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance to elect and implement participation by the City of Berkeley and the Redevelopment Agency of the City of Berkeley in the Alternative Voluntary Redevelopment Opt-In Program.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,207–N.S.  Second reading scheduled for September 27, 2011.

21. Grant: University of California, Berkeley Chancellor's Partnership Fund for UCPD and BPD Crime Analysis Intern Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $36,000 from the University of California, Berkeley Chancellor's Partnership Fund ("CCPF") for equipment and personnel by the Berkeley Police Department in conjunction with the UC Police Department to conduct the "UCPD and BPD Crime Analysis Intern Program".
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,441–N.S.

22. Contract: O.C. Jones & Sons, Inc. for Street Rehabilitation FY 2011 (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2011 Project, 11-10560-C-REBID; accepting the bid of O.C. Jones & Sons, Inc. and 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 in an amount not to exceed $1,748,040.
Financial Implications: Street Capital Improvement Program - $1,748,040
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,442–N.S.

23. Purchase Order: TYMCO, Inc. for Two Regenerative Air Sweepers (PDF)
From: City Manager
Recommendation: Adopt a Resolution, satisfying Berkeley Charter 67.2 requirements, accepting Houston-Galveston Area Council (H-GAC) contract bid procedures, and authorizing the City Manager to execute a purchase order for two regenerative air sweepers with TYMCO, Inc. for an amount not to exceed $471,117.
Financial Implications: Equipment Replacement Fund - $471,117
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,443–N.S.

24. Delegate to the Board of Library Trustees Acceptance Authority for All Gifts to the Library and to Require Annual Reporting to Council on Gifts Received in Excess of $1,000 Aggregate Value (PDF)
From: Board of Library Trustees
Recommendation: Adopt a Resolution:
1.   Delegating to the Board of Library Trustees authority to accept any gifts of funds, goods, or services made to the Library up to $200,000 that do not include unduly restrictive conditions on their use; and
2.   Delegating to the Board of Library Trustees authority to accept all gifts from the Library Foundation constituting payments toward the Foundation's branch library capital campaign pledge, and 
3.   Mandating annual reporting from the Board of Library Trustees of gifts in excess of $1,000 in aggregate in an informational report to be presented before the Council on a regular Meeting agenda.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action:  Adopted Resolution No. 65,444–N.S.

25. Request for Commission Input Regarding Commission Consolidation (PDF)
From: Human Welfare and Community Action Commission
Recommendation: Direct the City Manager to:
1.   Provide a report on the impact of Commission Consolidation and consult with Commissions on Commission consolidation; and
2.   Include information in the staff report regarding the cost of staff-related Commission activities in relation to the benefit of Commission activities, a detail of the logistics of how Commissions would be combined, and a description of the functions of staff activities performed on behalf of Commissions.
Financial Implications: See report
Contact: Leah Talley, Commission Secretary, 981-5400
Action: Approved recommendation.  City Manager to report on what commissions are compliant with the Fair Representation Ordinance.

26. Request for Two Additional Parks and Recreation Commission Meetings in 2011 (PDF)
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution approving two additional Parks and Recreation Commission Meetings for calendar year 2011.
Financial Implications: See report
Contact: Virginia Aiello, Commission Secretary, 981-6660
Action:  Adopted Resolution No. 65,445–N.S.  City Manager to report on the cost of Commission meetings.

27. Approval of Berkeley Police Department's (BPD) Mutual Aid Agreements, Understandings and Policies (Mutual Aid Pacts) for 2010 (PDF)
From: Police Review Commission
Recommendation: Adopt a Resolution approving the Berkeley Police Department's Mutual Aid Pacts for 2010.
Financial Implications: See report
Contact: Lillian Mayers, Police Review Commission, 981-4950
Action:  Removed from the Agenda.

Council Consent Items

28. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Bates to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Fund - $500
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,446–N.S. revised to include the following contributions – Councilmember Maio - $100, Councilmember Anderson- $150, Councilmember Wengraf - $100, Councilmember Wozniak - $200.

29. Berkeley High Parent Resource Center: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Produce the BUSD Black Family Reunion (PDF)
From: Councilmembers Moore, Maio, Anderson and Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the Berkeley High Parent Resource Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore, Maio, Anderson and Worthington, as well as any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,447–N.S. revised to include the following contributions – Councilmember Maio - $100, Councilmember Worthington - $250 and Mayor Bates - $250.

30. Berkeley Youth Alternatives: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds for its 40th Anniversary Dinner (PDF)
From: Councilmembers Moore and Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to Berkeley Youth Alternatives with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore and Anderson, as well as any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 65,448–N.S.

31. City Sponsorship of PEERS Mental Health and Wellness Walk (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City Co-sponsorship of the PEERS inaugural Mental Health and Wellness Walk to be held on October 1, 2011 at Cesar Chavez Park.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,449–N.S.

32. Proclamation Declaring October 8, 2011 as Indigenous Peoples Day and Approving City Co-Sponsorship (PDF)
From: Councilmember Arreguin
Recommendation: Approve the attached proclamation:
1.   Declaring October 8, 2011 as Indigenous Peoples Day in the City of Berkeley; and
2.   Approving City co-sponsorship of the 2011 Indigenous Peoples Day event.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved proclamation.

33. Rescind Pro Plastic Bag Edits to California’s Environmental Curriculum (PDF)
From: Councilmember Arreguin
Recommendation: Send a letter to Governor Jerry Brown urging him to rescind the Department of Education’s acceptance of pro plastic bag edits to California’s environmental curriculum.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved recommendation.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Worthington; Noes – None; Abstain - Wengraf, Wozniak, Bates.

34. Stonewall Festival/Berkeley Pride: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $200 from Councilmember Arreguin to the Stonewall Festival/Berkeley Pride with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $200
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,450–N.S. revised to include the following contributions – Councilmember Maio - $100, Councilmember Anderson - $200, Councilmember Capitelli - $100, Councilmember Wengraf - $100, Councilmember Worthington - $1,000.

35. City Co-Sponsorship: Berkeley Stonewall Festival (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City Co-Sponsorship of the 2011 Berkeley Stonewall Festival.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,451–N.S.

36. City Employees/Interns at City Council Public Comment (PDF) 
From: Councilmember Capitelli
Recommendation: Incorporate into the “Guidelines for Public Comment and Council Meeting Order” a recommendation that employees and interns of the City of Berkeley are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Include the request in “Preliminary Matters” preceding the City Council agendas.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Continued to September 27, 2011.

37. Opting Out of Phone Book Delivery (PDF)
From: Councilmembers Capitelli and Wozniak
Recommendation: Request that the City Manager:
1.   Write a letter to the AT&T Yellow Pages regarding their phone book drop-off, requesting that they honor the voluntary opt-out program as provided through the City of Berkeley’s Catalog Choice program; and
2.   Refer to Alameda County StopWaste.org the Seattle phone book opt-out ordinance to consider development of a model ordinance for jurisdictions within the county.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: 

  1. Approved recommendation to write a letter to the AT&T Yellow Pages regarding their phone book drop-off, requesting that they honor the voluntary opt-out program as provided through the City of Berkeley’s Catalog Choice program.
  2. Continued to September 27, 2011, the recommendation to Refer to Alameda County StopWaste.org the Seattle phone book opt-out ordinance to consider development of a model ordinance for jurisdictions within the county.

38. Berkeley Public Library Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Wengraf to the Berkeley Public Library Foundation with funds relinquished to the City’s General Fund for this purpose from the Discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $1,000
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,452–N.S. revised to include the following contributions – Councilmember Maio - $100, Councilmember Anderson - $200.

39. Supporting New Priorities Campaign to Reduce Military Spending (PDF)
From: Councilmembers Worthington, Anderson, Arreguin and Maio
Recommendation: Adopt a Resolution supporting the New Priorities Campaign in their effort to end the wars in Iraq and Afghanistan and cut the military budget by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Continued to September 27, 2011.

40. City Sponsorship of the "Making Cents: Forging a New California in a Time of Crisis" Conference (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution co-sponsoring the "Making Cents: Forging a New California in a Time of Crisis" Conference.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,453–N.S. revised to reflect October 22, 2011 as the event date.
Vote: Ayes - Maio, Moore, Anderson, Arreguin, Worthington; Noes – None;  Abstain: Wengraf, Capitelli, Wozniak, Bates.

41. "Making Cents: Forging a New California in a Time of Crisis” Conference: Relinquishment of Council Office Budget Funds To General Fund and Grant of Such Funds (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember including $200 from Councilmember Worthington to the “Making Cents: Forging a New California in a Time of Crisis” Conference with funds relinquished to the City’s general fund for this purpose that the City of Berkeley support the Conference and for costs associated with conference refreshments, production, and operations from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $200
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,454–N.S. revised to include the following contributions – Councilmember Arreguin - $200.

42. Decline to Sign HOTLINE (877) 440-9585 to Protect the Fair Education Act (PDF) From: Councilmembers Worthington and Moore
Recommendation: Support the decline to sign hotline (877) 440-9585 to prevent a referendum of the FAIR Education Act and to encourage people to call the hotline in order to ensure potential petition signers know the facts about the referendum.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Vote: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates.; Noes – None; Abstain: Wengraf.

43. Proclamation Honoring Halcyon Neighborhood Association on the 15th Anniversary of Halcyon Commons (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a proclamation honoring Halcyon Neighborhood Association on the 15th anniversary of Halcyon Commons.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

44. Support AB 1148: The California Disclose Act to Reveal Funders of Political Ads (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting AB 1148, the California Disclose Act.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,455–N.S.

45. Support CA Proposition 1481: "Tax on California Oil Revenues to Education. Initiative Statute." (PDF)
From: Councilmember Worthington
Recommendation: Support California Prop 1481, which seeks to use profits from the production and sale of crude oil to support the funding of public education in the state of California.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

46. Support HR 156: Amending the Constitution to Allow Publicly Funded Elections (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting HR 156 to increase environmental and social responsibility by adding an amendment to the U.S. Constitution overturning the Supreme Court's decision in Citizens United v. FEC, which removed limits, set up by Congress, on corporate spending in federal elections.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,456–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – None; Abstain: Capitelli, Wengraf, Wozniak.

Action Calendar - Appeals

47. ZAB Appeal: 2801 Adeline Street (PDF)
Administrative Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution setting a public hearing in order to do one of the following:
1.   Overturn the Zoning Adjustment Board's (ZAB) decision to approve Use Permit No. 10-10000034 to allow retail sales of beer and wine for off-site consumption at an existing retail pharmacy, and deny the Use Permit based on the plain meaning of BMC Section 23E.16.040.B.2.c; or
2.   Continue the hearing and adopt a Resolution initiating an amendment for the Planning Commission's consideration which would revise Section 23E.16.040.B.2.c by specifying additional circumstances under which a Use Permit for alcohol sales or service may be approved where the applicant has prior violations.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

a. Appellant
1.    Berry Cisco Gardner, Jr.

b. Communications
      -None

Action:  M/S/C (Anderson/Moore) to adopt Resolution No. 65,457–N.S. setting a public hearing in order to do one of the following:
1.   Overturn the Zoning Adjustment Board's (ZAB) decision to approve Use Permit No. 10-10000034 to allow retail sales of beer and wine for off-site consumption at an existing retail pharmacy, and deny the Use Permit based on the plain meaning of BMC Section 23E.16.040.B.2.c; or
2.   Continue the hearing and adopt a Resolution initiating an amendment for the Planning Commission's consideration which would revise Section 23E.16.040.B.2.c by specifying additional circumstances under which a Use Permit for alcohol sales or service may be approved where the applicant has prior violations.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

48. ZAB Appeal: 2861 Buena Vista Avenue (PDF)
Administrative Record (PDF) 
From: City Manager
Recommendation: Adopt a Resolution denying the appeal and affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000058, a request by Robert Mueller to allow construction of a new single-family residence on a vacant parcel in the R-1(H) Single-Family Hillside District.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

a. Appellant
1.  Leszek J. Wolfram

b. Communications
 -None

Action: M/S/C (Worthington/Capitelli) to adopt Resolution No.65,458–N.S. denying the appeal and affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000058, a request by Robert Mueller to allow construction of a new single-family residence on a vacant parcel in the R-1(H) Single-Family Hillside District.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

49. ZAB Appeal: 1423 Kains Avenue (PDF)
Administrative Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10-10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-street parking from four spaces to two, where four spaces are required.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

a. Appellant
1.  A. Ali Eslami

b. Communications
  -None

Action: M/S/C (Maio/Moore) to adopt Resolution No. 65,459–N.S. setting a public hearing to discuss the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10-10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-street parking from four spaces to two, where four spaces are required.

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

Recess: 8:58 p.m. - 9:13 p.m.

Action Calendar – Old Business

50. Write-Off of a Delinquent Loan Balance Owed by the former Spud's Pizza to the City's South Berkeley Revolving Loan Fund (Continued from July 19, 2011) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the write-off of the outstanding loan balance of $85,198 owed by the former Spud's Pizza to the City's South Berkeley Revolving Loan Fund (RLF).}
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action: Moved to Consent Calendar. Adopted Resolution No. 65,460–N.S. authorizing the write-off of the outstanding loan balance of $85,198 owed by the former Spud's Pizza to the City's South Berkeley Revolving Loan Fund (RLF).
 
 51. West Berkeley Plan Timeline for Additional Master Use Permit Amendments (PDF)
Supplemental Agenda Material - Presentation (PDF)
From: City Manager 
Recommendation: Provide direction for completion of additional environmental analysis to allow Council consideration of additional Master Use Permit amendments.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400

Action: 9 speakers.

1.   M/S/C (Wengraf/Wozniak) to direct staff to study a 75-foot residential height limit in MU-R areas that are a part of MUP sites in the Environmental Impact Report (EIR)

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

2.   M/S/C (Wengraf/Wozniak) to direct staff to study a 100-foot height limit for specific industrial needs in MUP sites in the Environmental Impact Report (EIR)
Vote: Ayes: Maio, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.  Abstain: Moore. 

3. M/S/C (Capitelli/Moore) to direct staff to:

a.    identify in the EIR the 6-7 sites existing as of August 1, 2011, that would be eligible for MUPs;
b.   analyze in the EIR inclusion of MU-R areas in MUPs, with increased residential density consistent with MUP flexibility standards, and allowing residential uses in the MU-LI areas, in the potential Fantasy and Peerless MUP sites, but only those sites; and
c.    analyze in the EIR inclusion of C-W areas in MUPs, with increased residential density consistent with MUP flexibility standards,  if they meet all other eligibility requirements.
Vote: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain: Arreguin.  Absent: Worthington

Absent: Councilmember Worthington – 10:30 p.m. – 10:36 p.m.

52. Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire; Adding Permit Transfer Fees; and Establishing New Taxicab Stands (PDF)
From: City Manager
Recommendation: 
1.   Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire; and
2.   Adopt a Resolution amending Resolution No. 62,299 Section A to include taxi business permit transfers and taxi vehicle permit transfers as part of the fee schedule and amending Section D to relocate the taxi stand on University Avenue (Amtrak Station), and to establish new taxi stands on Bancroft Way, Piedmont Avenue and Martin Luther King Jr. Way.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action:  Moved to Consent Calendar.
  1. Continued to October 25, 2011, first reading of an  ordinance amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire.
  2. Adopted Resolution No. 65,461–N.S. revised to amend only Resolution No. 62,299, Section D to relocate the taxi stand on University Avenue (Amtrak Station), and to establish new taxi stands on Bancroft Way, Piedmont Avenue and Martin Luther King Jr. Way.

Action Calendar – New Business

53.  Policy for Charging of Electric Vehicles

a. From: City Manager (PDF)
Recommendation:
Direct staff to monitor regional efforts to promote plug-in electric vehicle (PEV) adoption, to monitor local and regional funding opportunities related to PEV policy and infrastructure, to develop print and web-based information that provides guidance to residents on the safe and legal installation of home PEV charging systems, to report on these and other relevant efforts to City Council as part of the annual Climate Action Plan update, and continue to ensure that parking spaces in the public right-of-way are not dedicated to an individual's exclusive use, including for the purpose of charging a PEV.
Financial Implications: No direct fiscal impact
Contact: Andrew Clough, Public Works, 981-6300

b. From: Energy Commission (PDF)
Recommendation:
As staff resources allow, establish a staff working group to develop an Electric Vehicle (EV) strategic plan for Berkeley. The Energy Commission also recommends that the City refer to the guidelines (Guiding Principles for Berkeley’s Electric Vehicle Infrastructure) as EV policy is developed.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7400

c. From: Public Works Commission (PDF)
Recommendation:
Adopt a Resolution establishing a restricted policy for the charging of electric vehicles (EVs) for owners of EVs living in residential neighborhoods lacking adequate off-street parking. In so doing, avoid the private use of the public right-of-way (PROW) to charge EVs adjacent to owners' residences, since preferable alternatives exist and are expected to expand soon.
Financial Implications: See report
Contact: Jeffrey Egeberg, Commission Secretary, 981-6400

d. From: Transportation Commission (PDF)
Recommendation:
Support both the Public Works Commission's recommendations for a policy for charging of electric vehicles (see companion PW Commission report), with certain modifications, and the Energy Commission's recommended Guiding Principles for Berkeley's Electric Vehicle Infrastructure (see companion Energy Commission report); and avoid adopting a policy that provides for exclusive personal private use of the public right-of-way.
Financial Implications: Unknown
Contact: Farid Javandel, Commission Secretary, 981-6300

Action: 1 speaker. M/S/C (Wengraf/Worthington) to approve the City Manager’s recommendation to Direct staff to monitor regional efforts to promote plug-in electric vehicle (PEV) adoption, to monitor local and regional funding opportunities related to PEV policy and infrastructure, to develop print and web-based information that provides guidance to residents on the safe and legal installation of home PEV charging systems, to report on these and other relevant efforts to City Council as part of the annual Climate Action Plan update, and continue to ensure that parking spaces in the public right-of-way are not dedicated to an individual's exclusive use, including for the purpose of charging a PEV.  Staff to consider the Energy, Public Works and Transportation Commission’s recommendations.  Referred to the Agenda Committee for future scheduling.

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


54. City Manager Referral: Revisions to the Development Agreement Procedures (PDF)
From: Mayor Bates
Recommendation: Request the City Manager develop revisions to the Development Agreement procedures in the Berkeley Municipal Code to be more consistent with State law.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: 0 speakers. M/S/C (Bates/Maio) to approve the Mayor’s recommendation to request the City Manager develop revisions to the Development Agreement procedures in the Berkeley Municipal Code to be more consistent with State law.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.

Action: M/S/C (Arreguin/Wozniak) to suspend the Council Rules of Procedure and extend the meeting to 11:15 p.m.  Adopted by unanimous consent

55. Referral to City Manager: Vacancy Registration Fee (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the attached proposal for a Vacancy Registration Fee for review and the development of a policy to address the issue of vacant ground floor commercial spaces throughout Berkeley.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: 0 speakers.  M/S/C (Bates/Worthington) to approve Councilmember Arreguin’s recommendation to refer to the City Manager the proposal for a Vacancy Registration Fee for review and the development of a policy to address the issue of vacant ground floor commercial spaces throughout Berkeley.  Staff to begin with consideration of blighted properties.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

56. Referring to Planning Commission Revised Zoning Language Relating to the Sale of Non-Processed Edibles (PDF)
From: Councilmember Arreguin
Recommendation: Refer to the Planning Commission revised Zoning language relating to the sale of Non-Processed Edibles in Residential districts and suggest consideration of the following option: Lowering the permitting requirement for the sale of Non-Processed Edibles to a Low Impact Home Occupation use (Zoning Certificate) subject to the conditions in the draft zoning language (limits on customer sales; hours of sales; location of sales; soils testing etc.).
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Moved to Consent Calendar.  Approved Councilmember Arreguin’s recommendation to refer to the Planning Commission revised Zoning language relating to the sale of Non-Processed Edibles in Residential districts and suggest consideration of the following option: Lowering the permitting requirement for the sale of Non-Processed Edibles to a Low Impact Home Occupation use (Zoning Certificate) subject to the conditions in the draft zoning language (limits on customer sales; hours of sales; location of sales; soils testing etc.).
 
57. Sale of Non-Processed Edibles in Residential Districts (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation: Refer to the Planning Commission consideration of defining businesses in residential areas that sell non-processed  food items grown on site in gardens under 1000 square feet as low-impact home occupations that require only  zoning certificates and business licenses.  Refer to the City Manager City development of guidelines and “best practices” for these very small food producers.
Financial Implications: Unknown staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Moved to Consent Calendar.  Approved Councilmembers Capitelli and Wengraf’s recommendation to refer to the Planning Commission consideration of defining businesses in residential areas that sell non-processed  food items grown on site in gardens under 1000 square feet as low-impact home occupations that require only  zoning certificates and business licenses.  Refer to the City Manager City development of guidelines and “best practices” for these very small food producers.

58. City Manager Referral: Consideration of Implementation of New DUI Policies (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager consideration of the establishment of a DUI ordinance similar to one in Oakley, California where those convicted of a DUI must pay for all city expenses due to their DUI crime.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to September 27, 2011.

59. City Manager Referral: Ordinance to Allow Civil Cause of Action to Limit Harassment (PDF)
From: Councilmember Worthington
Recommendation: Refer to City Manager consideration of establishing an ordinance like LA's to limit harassment.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to September 27, 2011.

Information Reports

60. Investment Report: Quarter Ended June 30, 2011 (PDF) 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action: Received and filed.
 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Received and filed.  Councilmember Worthington acknowledged that item 1 will have amendments.

62. Report on Regional Bodies Participation (PDF)
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 1 speaker.


Adjournment

Adjourned at 11:14 p.m. in celebration of the repeal of the “Don’t Ask, Don’t Tell” policy.

And in memory of the following individuals:

Ethel Gomez, Euradee H. Maybuce-Lamons, Tania Levy, Armando Tanori.

Communications (PDF)

Item 51: West Berkeley Plan Timeline for Additional Master Use Permit Amendments
1.    Laura Heyenga

Panhandling Suggestion
2.    Oliver Homann

Commentary on Previous Council Items
3.    Berkeley Council Watch

Public Hearing Request
4.    Alan Revere – Referred to the City Manager by Councilmember Worthington.

Elmwood Zoning
5.    Gordon Wozniak

Redistricting Proposal
6.    Audrey Gutierrez

Lawrence Berkeley National Laboratory Synthetic Biology Campus
7.    Jim Thomas

Parker Place / GreenTRIP Certification
8.    Ann Cheng

Bicycle Facilities
9.    Marcy Greenhut

SmartMeter Update
10. Steve Martinot

Electric Charging Station at 1865 University
11. Tim Southwick

2501 Haste Street
12. Holly Hartley
13. Ken Sarachan

Supplemental Communications and Reports 1 (PDF)

Item 37: Opting Out of Phone Book Delivery
14. Anne Whyte

Item 47: ZAB Appeal: 2801 Adeline Street
15. Robert Nicholas, Hass & Najarian, LLP

Item 48: ZAB Appeal: 2861 Buena Vista Avenue
16. William Berland, Ferguson & Berland
17. Leszek Wolfram

Item 49: ZAB Appeal: 1423 Kains Avenue
18. Aaron Ehrlich, Katzoff & Riggs

Item 51: West Berkeley Plan Timeline for Additional Master Use Permit Amendments
19. Julie Dickinson

Item 55: Referral to City Manager: Vacancy Registration Fee
20. Ito Ripsteen

Item 56 & 57: Referring to Planning Commission Revised Zoning Language Relating to the Sale of Non-Processed Edibles and Sale of Non-Processed Edibles in Residential Districts
21. Martin Bourque, on behalf of the Berkeley Food Policy Council

Supplemental Communications and Reports 2 (PDF)

Item 41: "Making Cents: Forging a New California in a Time of Crisis” Conference: Relinquishment of Council Office Budget Funds To General Fund and Grant of Such Funds
22. Unknown

Item 51: West Berkeley Plan Timeline for Additional Master Use Permit Amendments

  • Presentation, submitted by Planning & Development (see agenda item)

23. Joe DeCredico

Item 53: Policy for Charging of Electric Vehicles
24. Unknown (2)