Regular Meeting Annotated Agenda
December 06, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 06, 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: 7:08 p.m.  Councilmember Worthington present at 7:20 p.m.

Ceremonial Matters: 

  1. Victor Herbert
  2. Harriet Whitman
  3. Shinji Eshima

City Manager Comments: 

  1. Update on Haste/Telegraph fire

Public Comment on Non-Agenda Matters: 1 speaker.


Public Comment on Consent Calendar and Information Items Only: 9 speakers.

Consent Calendar

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

1.   Adopt first reading of an Ordinance amending the FY 2012 Annual Appropriations Ordinance No. 7,195–N.S. for fiscal year 2012 based upon recommended re-appropriation of committed FY 2011 funding and other adjustments authorized since July 1, 2011, in the amount of $57,102,171 (gross) and $49,261,483 (net).

2.   Adopt a Resolution directing the Trustee of the Community Facilities District No. 1 (CFD1) (Disaster Fire Protection) Project Fund to transfer only $352,531 from the Debt Service Fund to Project Fund and rescind Resolution No. 65,236-N.S.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: 1) Adopted first reading of Ordinance No. 7,213–N.S. Second reading scheduled for December 13, 2011.  2) Adopted Resolution No.65,522–N.S.

2. Amendments to the Massage Therapy Ordinance, BMC Chapter 9.32 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.32 Massage Therapy Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted first reading of Ordinance No. 7,214–N.S.  Second reading scheduled for December 13, 2011.
 
3. Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire; and Adding Permit Transfer Fees (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.
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000
Action: 1) Adopted first reading of Ordinance No. 7,215–N.S. Revised section 9.52.030 E.2.a to read as follows: If the transfer application is submitted between January 1, 2013 and December 31, 2014, 25% of the company’s taxi vehicle fleet must be Low Emission Vehicles.   Second reading scheduled for December 13, 2011.  2) Adopted Resolution No. 65,523–N.S.

4. Extension of the Term of the Waterfront Commission - Amending Berkeley Municipal Code Section 3.36.070 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to December 31, 2012.
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted first reading of Ordinance No. 7,216–N.S.  Second reading scheduled for December 13, 2011.

5. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 8, 2011 (special and regular) and November 15, 2011 (specials and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

6. 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: TBD - $2,492,155
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

7. Agreement: County Supervisors Association of California Excess Insurance Authority for Medical Malpractice Insurance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute the documents necessary to join the County Supervisors Association of California Excess Insurance Authority Joint Powers Authority ("CSAC EIA"), including the Joint Powers Agreement and Memorandum of Understanding, to obtain Medical Malpractice Insurance for City employees in the Public Health and Mental Health Divisions of the Department of Health Services beginning December 31, 2011, and continuing with annual renewal thereafter, in an amount not to exceed $42,000 for the initial term through June 30, 2013.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-7000
Action:  Adopted Resolution No. 65,524–N.S.

8. Contract No. 7381D Amendment: Corporate Care, LLC for Carpet Cleaning and Maintenance Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7381D with Corporate Care, LLC for the provision of carpet cleaning and maintenance services at Mental Health clinic sites; to increase the amount by $7,850 for a total contract amount not to exceed $56,300.
Financial Implications: Various Funds - $7,850
Contact: Jane Micallef, Health Services, 981-7000
Action:  Adopted Resolution No. 65,525–N.S.

9. Mental Health Services Act Housing Funds for University Avenue Homes (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 
1.   Authorizing the City Manager to submit an application from Resources for Community Development (RCD) to the California Housing Finance Agency (CalHFA) to secure a loan in the amount of $758,600 in Mental Health Services Act (MHSA) Housing Program Funds allocated to the City’s Mental Health Division for the renovation of the University Homes (UA Homes) Adult housing project; and

2.   Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with UA Homes Limited Partnership in order to specify roles and responsibilities of each entity regarding the provision of supportive services associated with the project.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-7000
Action:  Adopted Resolution No. 65,526–N.S.

10. Reappointment of Ms. Aydan Aysoy to County Paratransit Advisory Group (PDF)
From: City Manager
Recommendation: Adopt a Resolution reappointing Ms. Aydan Aysoy to serve as the City of Berkeley's citizen representative on the Paratransit Advisory and Planning Committee (PAPCO) of the Alameda County Transportation Commission (Alameda CTC).
Financial Implications: None
Contact: Jane Micallef, Health Services, 981-7000
Action:  Adopted Resolution No. 65,527–N.S.

11. CalPERS Reporting of Pension Contributions (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:

1.   Approving payment and reporting of the value of the Employer Paid Member Contributions for members of the California Public Employees Retirement System (CalPERS) City of Berkeley Miscellaneous Employees pension plan to be effective January 5, 2003.

2.   Approving payment and reporting as a tax deferred member paid contribution pursuant to Internal Revenue Code Section 414(h)(2) for members of the CalPERS City of Berkeley Safety Police Employees pension plan and the CalPERS City of Berkeley Safety Fire pension plan to be effective December 22, 2000.
Financial Implications: No fiscal impact
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,528–N.S. and Resolution No. 65,529–N.S.

12. Contract No. 8350 Amendment: East Bay Conservation Corps/Civicorps Schools for Hazardous Vegetation Removal Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8350 with the East Bay Conservation Corps/Civicorps Schools (EBCC) to increase the amount by $45,000 for a not to exceed amount of $550,000 for the period ending September 30, 2013.
Financial Implications: Marina Fund - $45,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,530–N.S.

13. Contract No. 8733 Amendment: Atkins, Inc. for CEQA Environmental Impact Report for Aquatic Park Improvement Program (APIP) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8733 with Atkins of North America, Inc. to complete the CEQA environmental review process for the Aquatic Park Improvement Program (APIP) by adding $11,270 for a total contract amount not to exceed $148,314.
Financial Implications: Parks Tax Fund - $11,270
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,531–N.S.

14. Contract: McGuire and Hester Construction, Inc. for San Pablo Park Basketball Court Renovation (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 

1.   Approving the plans and specifications for the San Pablo Park Basketball Court Renovation Project (Bid Specification No. 11-10561-C); 

2.   Deeming that the lowest Bid received from ERA Construction, Inc. is non-responsive; 

3.   Authorizing the City Manager or his/her designee to execute a construction contract to the lowest responsive, responsible bidder, McGuire and Hester Construction, Inc. (MH), for the amount of their Bid, $384,870; and

4.   Authorizing the City Manager and his/her designee to execute change orders, amendments and/or time extensions to the Contract for a construction contingency amount not to exceed $57,730 (15% of the construction contract), for a total spending authority of $442,600.
Financial Implications: Various Funds - $442,600
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,532–N.S.

15. Contract: West Coast Arborists for Tree Removal Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and his/her designee to execute a contract and any amendments with West Coast Arborists, Inc. in an amount not to exceed $116,000 per year for a period of two years beginning December 10, 2011 and ending December 10, 2013, with an option to renew for one additional year, for a total contract amount not to exceed $348,000.
Financial Implications: Parks Tax Fund - $348,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,533–N.S.

16. Grant Application: Proposition 84 Urban Greening Project Grant Program - Center Street Strawberry Creek Plaza Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the submittal of a City of Berkeley Application to the Proposition 84 competitive Urban Greening Project Grant Program for the Center Street Strawberry Creek Plaza Project.
Financial Implications: $8,700,000 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Moved to Action Calendar. 3 speakers. M/S/C (Arreguin/Worthington) to adopt Resolution No. 65,534–N.S. revised to remove the following clause:

“BE IT FURTHER RESOLVED that the City of Berkeley authorizes the implementation of the projects and appropriation of funding for related expenses in an amount not to exceed $8,746,227, subject to securing the grant.”

City Manager to report back to Council prior to a decision being made to accept such funds.

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

17. Mills Act Contracts: 1340 Arch Street; 2811 Benvenue Avenue; 22 Roble Road; 1984 San Antonio Avenue (PDF)

Supplemental Agenda Material (PDF)
From: City Manager
Recommendation: Adopt four Resolutions directing the City Manager to enter into the attached Mills Act Contract for each of the properties located at 1340 Arch Street, 2811 Benvenue, 22 Roble Road, and 1984 San Antonio.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  M/S/C (Worthington/Moore) to accept supplemental material for consideration. Adopted by unanimous consent.  Adopted Resolution No. 65,535–N.S.(Arch), Resolution No. 65,536–N.S. (Benvenue), Resolution No. 65,537–N.S. (Roble) and Resolution No. 65,538–N.S. (San Antonio).

18. Contract: St. Vincent de Paul for Mattress Recycling (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with St. Vincent de Paul for hauling, refurbishing and recycling mattresses collected at the City of Berkeley Transfer Station, in an amount not to exceed $180,000 for the period January 1, 2012 to December 31, 2014, with an option for two 1-year extensions.
Financial Implications: Refuse Fund - $180,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,539–N.S.

19. Sewer Easement Deed Agreements at 1232, 1236 and 1240 Milvia Street (PDF)
From: City Manager
Recommendation: Adopt first readings of 3 Ordinances authorizing the City Manager to accept Easement Deed Agreements for extension of sewer pipe facilities, with: 1) David Halpin, 1232 Milvia Street; 2) Rachel Callaghan and Martin B. Reich, 1236 Milvia Street; and 3) Carol Edlinger and Josey Edlinger, 1240 Milvia Street.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,217–N.S. (Halpin), Ordinance No. 7,218–N.S. (Callaghan/Reich), and Ordinance No. 7,219–N.S. (Edlinger).  Second readings scheduled for December 13, 2011.

20. City Auditor Fiscal Year 2011 Deferrals to 2013 Budget (PDF)
From: Auditor
Recommendation: 
1.   Reaffirm previous votes to:
a) Support exploring a whistleblower hotline, and
b) Implement audit recommendations for the City Manager to consider:  An electronic timecard system; Contracts management software; Improvements to grants management.
2.   Consider including these as priority projects for the 2013 budget.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Approved recommendation.

21. Council Office Expense Accounts (PDF)
From: Auditor
Recommendation: Rescind Resolution No. 64,019-N.S. and adopt a Resolution to limit the Mayor and Council's carryover expenditure limit to positive balances only effective June 30, 2014.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Adopted Resolution No. 65,540–N.S.

Council Consent Items

22. Appointment of Council Member Linda Maio as Vice President of the Council (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution officially appointing Council Member Linda Maio to be the Vice President of the Council for a term of one year beginning December 2011 to December 2012.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,541–N.S.
 
23. City Council Co-Sponsor 1st Annual Martin Luther King Jr. Celebration January 16, 2012 (PDF)
From: Mayor Bates and Councilmembers Anderson and Moore
Recommendation: Co-sponsor the 1st Annual Martin Luther King Jr. Celebration Breakfast on January 16, 2012.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

24. First Annual Martin Luther King Jr. Celebration January 16, 2012: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Mayor Bates and Councilmember Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Bates to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 1st Annual Martin Luther King Jr. Celebration, with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Council members who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,542–N.S.

25. Adopt the UC Faculty Language to Support the Occupation Efforts (PDF)
From: Councilmembers Maio and Wengraf
Recommendation: Adopt the UC faculty petition language to express Berkeley's support for the Wall Street and other occupation efforts.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved revised recommendation to read as follows:  “We, the members of the Berkeley City Council are in solidarity of the Occupy Wall Street movement.”

26. Classify Home Occupation Activities Receiving Five or Fewer Visits as Moderate Impact Home Operation (PDF)
From: Councilmember Maio
Recommendation: Refer to the City Manager that the zoning code for Moderate Impact Home Operation (Moderate Impact HO) be amended to include home occupation activities receiving five or fewer visits weekly, requiring an AUP rather than a Use Permit with public hearing.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

27. News Helicopter Noise Impacts (PDF)
Revised Agenda Material (PDF)
From: Councilmember Arreguin
Recommendation: Send a letter to local TV stations requesting consideration of the noise impacts on residents in future deployment of news helicopters
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  M/S/C (Arreguin/Maio) to accept supplemental material for consideration. Adopted by unanimous consent.  Approved recommendation with revised letter.

28. No Smoking Signs in the Downtown (PDF)
From: Councilmembers Arreguin and Capitelli
Recommendation: Direct the City Manager to work with the Public Works Department and the Berkeley City College Tobacco-less Club to create "No Smoking" signs and develop a plan to install signs at key locations throughout the Downtown area.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved recommendation.

29. Stop UC Police Violence - Support Students, Faculty and Staff (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Send a letter to Chancellor Birgeneau and Chief Celaya, opposing UC Police violence against protestors.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Continued to December 13, 2011.

30. Support Letter for Medical Amnesty Encouraging Drug Overdose Witnesses to Call 911 (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Send a letter to California Governor Jerry Brown supporting the creation of Medical Amnesty in California to encourage witnesses of a potential drug-related overdose to call 911.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

Action Calendar - Appeals

Administrative Record Part 1 (PDF)

Administrative Record Part 2 (PDF) 
From: City Manager
Recommendation: Adopt a Resolution to:
1.   Determine that Appeal Issues 3, 7, 8 and 9 are without merit and dismiss the appeal as to those issues; and
2.   As to the remaining Appeal Issues, remand the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000017 to demolish a 49-space parking garage, 1,500 square foot church community facility, and school building, and construct a five-story mixed-use building with a 59-space parking garage, 2,722 square foot church community facility and Group Living Accommodations (student dormitory) for 164 persons to the ZAB for a public hearing to:

a.   Consider an Addendum to the EIR;

b.   Conduct a new public hearing to consider the project under the recently adopted R-SMU Zoning District regulations (BMC Chapter 23D.52); and

c.   Consider and, as the ZAB deems appropriate, make the required demolition findings under Section 23C.08.050 for the existing building that is at least 40 years old (this permit was previously not included in the ZAB action).
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

Action: 8 speakers.  M/S/C (Worthington/Arreguin) to adopt Resolution No. 65,543-N.S. remanding the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000017 to demolish a 49-space parking garage, 1,500 square foot church community facility, and school building, and construct a five-story mixed-use building with a 59-space parking garage, 2,722 square foot church community facility and Group Living Accommodations (student dormitory) for 164 persons to the ZAB for a public hearing to:

a.   Consider an Addendum to the EIR;

b.   Conduct a new public hearing to consider the project under the recently adopted R-SMU Zoning District regulations (BMC Chapter 23D.52); and

c.   Consider and, as the ZAB deems appropriate, make the required demolition findings under Section 23C.08.050 for the existing building that is at least 40 years old (this permit was previously not included in the ZAB action).
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None. 

Action Calendar - Public Hearings
 
32. Extend Residential Preferential Parking Permit Program on Two Streets (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Section 25E of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on two streets.
Financial Implications: General Fund - $1,050
Contact: Andrew Clough, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Maio/Arreguin) to close the public hearing.
Action: M/S/C (Moore/Arreguin) to adopt Resolution No. 65,544–N.S. amending Section 25E of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on two streets.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – None;  Absent - Wengraf.

Councilmember Wengraf absent: 9:01 p.m. – 9:14 p.m.

Administrative Record (PDF)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution granting the appeal of Ali Eslami, in part, overturning the Zoning Adjustment Board’s (ZAB) decision to deny Use Permit Modification No. 10-70000010 and Variance No. 10-10000071, and approve the Use Permit Modification and Variances to reduce the number of off-street parking to three spaces, where four are required; to reduce the required landscaped strip between the parking pads and the rear lot line to 1-foot, 7-inches, where two feet is required; and to reduce the amount of Useable Open Space from approximately 991 square feet to 685 square feet, where 1600 square feet is required; and approve an Administrative Use Permit to allow uncovered parking in the rear yard area.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 3 speakers.  M/S/C (Moore/Maio) to close the public hearing.
Action: M/S/C (Maio/Capitelli) to adopt Resolution No. 65,545–N.S. granting the appeal of Ali Eslami, in part, overturning the Zoning Adjustment Board’s (ZAB) decision to deny Use Permit Modification No. 10-70000010 and Variance No. 10-10000071, and approve the Use Permit Modification and Variances to reduce the number of off-street parking to three spaces, where four are required; to reduce the required landscaped strip between the parking pads and the rear lot line to 1-foot, 7-inches, where two feet is required; and to reduce the amount of Useable Open Space from approximately 991 square feet to 383 square feet, where 1600 square feet is required; and approve an Administrative Use Permit to allow uncovered parking in the rear yard area and require that parking pavement materials be both hardscape and permeable.
Vote:  Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None;  Absent - Worthington.

Councilmember Worthington absent: 9:20 p.m. – 9:24 p.m.

34. ZAB Appeal: 2801 Adeline Street (PDF)
From: City Manager
Recommendation: 
1.   Conduct a public hearing and, upon conclusion, either: a)  Adopt a Resolution granting the appeal of Berry Cisco Gardner, Jr., overturning 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 denying the Use Permit, OR  b)       Continue the hearing to consider approval of the Use Permit following revisions to BMC Section 23E.16.040.B.2.c to specify additional circumstances under which a Use Permit for alcohol sales or service may be approved where the applicant has prior violations. AND

2.   Provide direction to the Planning Commission to revise Section 23E.16.040.B.2.c as discussed above.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

b. Communications

  1. Denise Differding
  2. Berry Cisco Gardner, Jr.

Action: Removed from Agenda.


Action Calendar – Old Business

35. Contracts: Waste Management of Alameda County for Landfill Disposal Services, and for Construction and Demolition Debris Sorting Services (Continued from November 15, 2011) (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Authorizing the City Manager to execute a new contract and any amendments with Waste Management of Alameda County (WM) for landfill disposal services, for a not-to-exceed amount of $32,740,168 for the period January 1, 2012 through December 31, 2026, and terminating the Waste Management Amended Contract No. 7665A.

2.   Authorizing the City Manager to execute a new contract and any amendments with Waste Management of Alameda County (WM) for construction and demolition (C&D) debris sorting services for a not-to-exceed amount of $3,571,770 for the period January 1, 2012 through December 31, 2014, with the option for two 1-year extensions.
Financial Implications: See Report
Contact: Andrew Clough, Public Works, 981-6300

Action: 4 speakers.  M/S/C (Bates/Maio) to adopt the following:

1.   Resolution No. 65,546–N.S. authorizing the City Manager to terminate the Waste Management Amended Contract No. 7665A and execute a new contract and any amendments with Waste Management of Alameda County (WM) for landfill disposal services, for a not-to-exceed amount of $32,740,168 for the period January 1, 2012 through December 31, 2026, with 5 and 10 year reviews in which either party can decline to renew or extend the contract.

2.   Resolution No. 65,547–N.S. authorizing the City Manager to execute a new contract and any amendments with Waste Management of Alameda County (WM) for construction and demolition (C&D) debris sorting services for a not-to-exceed amount of $3,571,770 for the period January 1, 2012 through December 31, 2014, with the option for two 1-year extensions.

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

36. Support the November University of California-Wide Days of Action (Continued from November 15, 2011) (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting UC-Wide November Days of Action (modified ASUC resolution).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,548–N.S. supporting UC-Wide November Days of Action revised to read as follows:

“ NOW THEREFORE BE IT RESOLVED, by the Council of the City of Berkeley that the City of Berkeley supports the need for additional student representation on the Board of Regents.  Because of UC Student’s tuition and fees making up 40% of the UC General funds, the City of Berkeley supports UCSA asking for the Regents to allow for two additional student regents added to the Board, along with 2 designates, so that there will be one Undergraduate Student Regent, one Graduate Student Regent and one Professional Student Regent and their respective designates.”

37. Letter to President Obama Opposing the Keystone XL Pipeline (Continued from November 15, 2011) (PDF)
From: Councilmember Worthingto
Recommendation: Send a letter to President Obama requesting he not approve the Keystone XL Pipeline and thanking his administration for delaying the project for further consideration.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar. Approve Councilmember Worthington’s recommendation to send a letter to President Obama requesting he not approve the Keystone XL Pipeline and thanking his administration for delaying the project for further consideration.

Supplemental Agenda Material (PDF)
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Continued to December 13, 2011.

Action Calendar - New Business

39.    Sweat Free Procurement Ordinance

a. Sweat Free Procurement Ordinance – Lowering Purchase Threshold from $25,000 to $10,000 (PDF)
From: Commission on Labo
Recommendation: Direct the City Manager to amend the City of Berkeley Sweat- Free Procurement Ordinance to lower the threshold for purchase of textile products from $25,000 to $10,000. 
Fiscal Implications: See report.
Contact: Delfina Geiken, Commission Secretary, 981-7551
 
b. Annual Report on Enforcement of Sweatshop - Free Procurement Ordinance No. 7,099-N.S. (PDF)
From: City Manager
Recommendation: The City Manager recommends to City Council to lower the current established threshold of $25,000 to $10,000 for the Sweatshop-Free Procurement Ordinance No. 7,099-N.S. effective July 1, 2013.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar. Approved the following:

a.   the Commission on Labor’s recommendation to direct the City Manager to amend the City of Berkeley Sweat-Free Procurement Ordinance to lower the threshold for purchase of textile products from $25,000 to $10,000.

AND

b.   the City Manager’s recommendation that the City Council lower the current established threshold of $25,000 to $10,000 for the Sweatshop-Free Procurement Ordinance No. 7,099–N.S. effective July 1, 2013.


Action Calendar – Council Items

40. Revisions to Demolition and Elimination of Dwelling Units Ordinance (PDF)
From: Mayor Bates and Councilmembers Anderson, Arreguin and Capitelli
Recommendation: Request the City Manager draft language amending the Berkeley Municipal Code Chapter 23C.08 related to the demolition and elimination of dwelling units for Planning Commission and City Council consideration.
Financial Implications: Unknow
Contact: Tom Bates, Mayor, 981-7100
Action: 1 speaker.  M/S/C (Bates/Capitelli) to request the City Manager draft language amending the Berkeley Municipal Code Chapter 23C.08 related to the demolition and elimination of dwelling units for Planning Commission and City Council consideration ensuring that any ordinance created provides for tenant protections.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None. 
 
41. Second Public Hearing by Council on Redistricting Plan (PDF)
From: Councilmember Wozniak
Recommendation: Set the date for the 2nd Public Hearing on redistricting proposals for January 31, 2012.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action: No action taken.

Information Reports

42. Supplemental Information on Existing Mills Act Contracts (PDF)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
Action:  Received and filed.
 
43. Status Report: Activities of Public Library (PDF)
From: Board of Library Trustees
Contact: Donna Corbeil, Library, 981-6100
Action:  Received and filed.

44. ABAG: Fall General Assembly Report on Regional Bodies Participation (PDF)
From: Councilmember Wengraf
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Received and filed.


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


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

Action: M/S/C (Moore/Wengraf) to suspend the Council Rules of Procedure and extend the meeting to 11:30 p.m. 

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

Adjournment
Adjourned at 11:18 p.m. in memory of Bill Lipsky, Hilda Kessler, Officer James Capoot and Patrick. 


Communications

Item 27: News Helicopter Noise Impacts
1.    Shirley Stuart and William Seely

Item 32: Extend Residential Preferential Parking Permit Program on Two Streets
2.    Joe Caldarola and Leah Samul

Marijuana Dispensaries
3.    Beth Anderson
4.    Diana Rossi
5.    Max Anderson, District 3
6.    Ryan Kerian – referred to City Manager by Councilmembers Moore and Arreguin.

Support for Medical Cannabis Resolution
7.    Charley Pappas

Downtown Development Fees
8.    John Caner, on behalf of the Downtown Berkeley Association – Referred to City Manager by Councilmember Wengraf.

Lawrence Lab in West Berkeley
9.    Berkeley Council Watch

Response to East Bay Express Article “Plastic Problem”
10. Jeff Belchamber


Supplemental Communications and Reports 1

Item 17: Mills Act Contracts: 1340 Arch Street; 2811 Benvenue Avenue; 22 Roble Road; 1984 San Antonio Avenue
11. Paul Schwartz

Item 25: Adopt the UC Faculty Language to Support the Occupation Efforts
12. Linda Maio, District 1
13. Roger Hartje

Item 31: ZAB Appeal: 2301 Durant Avenue
14. Jack Sawyer
15. Vivi Teng

Item 35: Contracts: Waste Management of Alameda County for Landfill Disposal Services, and for Construction and Demolition Debris Sorting Services
16. David Tucker
17. Rick King

Item 39: Sweat Free Procurement Ordinance
18. Lauren Van Ham

Item 40: Revisions to Demolition and Elimination of Dwelling Units Ordinance
19. Mary Rose Kaczorowski
20. Sheila Goldmacher

Item 41: Second Public Hearing by Council on Redistricting Plan
21. Joey Freeman and Vishalli Loomba


Supplemental Communications and Reports 2

Item 16: Grant Application:  Proposition 84 Urban Greening Project Grant Program - Center Street Strawberry Creek Plaza Project
22. Patrick Kennedy

Item 17: Mills Act Contracts: 1340 Arch Street; 2811 Benvenue Avenue; 22 Roble Road; 1984 San Antonio Avenue

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

Item 27: News Helicopter Noise Impacts

  • Revised materials, submitted by Councilmember Arreguin (see agenda item)

Item 28: No Smoking Signs in the Downtown
23. Unknown

Item 31: ZAB Appeal: 2301 Durant Avenue
24. Unknown

Item 38: Report on Regional Bodies Participation-County Wide Transportation Plan

  • Supplemental materials, submitted by City Manager (see agenda item)

Item 40: Revisions to Demolition and Elimination of Dwelling Units Ordinance
25. Judy Ann Alberti