Regular Meeting eAgenda
June 11, 2013

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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REVISED AGENDA

(ADDED CONTINUED ITEMS FROM JUNE 4, 2013)

BERKELEY CITY COUNCIL MEETING

Tuesday, June 11, 2013

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

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

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

Preliminary Matters

Roll Call:

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

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

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

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

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

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

Consent Calendar

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

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

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

1.   Paperless Agenda Packet Program – Policy for Elected Officials
From: City Manager
Recommendation:
Adopt a Resolution approving the Paperless Agenda Packet Terms and Use Policy for Elected Officials.
Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, 981-6900

2.   Contract: Universal Building Services for Citywide Janitorial Services for Various Locations and Facilities
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a three-year Citywide contract and any amendments with Universal Building Services (UBS) to provide Citywide janitorial services at 27 various City locations and facilities for the period July 1, 2013 to June 30, 2016, in an amount not to exceed $1,830,000, with an option for two one-year extensions for a total five-year contract for an amount not to exceed $3,137,000, subject to the City's annual budget appropriation process.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

3.   FY 2014 Tax Rate: Fund Debt Service on Animal Shelter General Obligation Bonds (Measure I, November 2002 Election)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the debt service on the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.0020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

4.   FY 2014 Tax Rate: Fund Debt Service on Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the debt service on the Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds) at 0.0130%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

5.   FY 2014 Tax Rate: Fund Debt Service on Measure S General Obligation Bonds, Election of 1996 (2007 Refunding Bonds)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the debt service on the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

6.   FY 2014 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.0115%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

7.   FY 2014 Tax Rate: Fund Disaster Fire Protection (Measure Q)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

8.   FY 2014 Tax Rate: Fund Emergency Services for the Severely Disabled
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the provision of emergency services for the disabled at $0.01303 (1.303 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

9.   FY 2014 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1222 (12.22 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

10.  FY 2014 Tax Rate: Fund the Provision of Emergency Medical Services
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0327 (3.27 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

11.  FY 2014 Special Tax Rate: Fund the Provision of Library Services
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the provision of Library Services in the City of Berkeley at $0.1806 (18.06 cents) per square foot for dwelling units and $0.2730 (27.30 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

12.  Temporary Appropriations FY 2014
From: City Manager
Recommendation:
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2013, until the effective date of the FY 2014 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

13.  Notice of Appropriations Limit for Fiscal Year 2014
From: City Manager
Recommendation:
Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2014 at its meeting of June 25, 2013; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 10, 2013.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

14.  Contract: Cigna Group Insurance for Life Insurance
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Cigna Group Insurance (Cigna) to provide Basic Life and Accidental Death and Dismemberment (AD&D) Insurance at the reduced premium rate of $0.09 per $1,000 of coverage for eligible employees for Basic Life insurance and $0.022 per $1,000 of coverage for eligible employees for AD&D insurance, for a total contract amount not to exceed $210,000 for three years, from July 1, 2013, through June 30, 2016.
Financial Implications: Payroll Deduction Trust Fund - $210,000
Contact: David Abel, Human Resources, 981-6800

15.  Contract: Cigna Group Insurance for Long-Term Disability Insurance
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Cigna Group Insurance (Cigna) to provide Long-Term Disability (LTD) Insurance at the reduced premium rate of $0.270 for every $100 of active Supplementary Retirement and Income Plan II (SRIP II) participants' covered salaries, for a total contract amount not to exceed $624,000 for three (3) years, from July 1, 2013, through June 30, 2016.
Financial Implications: Payroll Deduction Trust Fund - $624,000
Contact: David Abel, Human Resources, 981-6800

16.  Contract: Cigna Group Insurance for Third Party Administrative Services for the Supplementary Retirement and Income Plan I Disability Benefit
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Cigna Group Insurance (Cigna) to provide third party administrative services for the Supplementary Retirement and Income Plan I (SRIP I) disability benefit for a total contract amount not to exceed $183,000 for three years, from July 1, 2013, through June 30, 2016.
Financial Implications: Payroll Deduction Trust Fund - $183,000
Contact: David Abel, Human Resources, 981-6800

17.  Contracts: Police Department Towing Services
From: City Manager
Recommendation:
Adopt two Resolutions authorizing the City Manager to execute two (2), three-year contracts and any amendments with the following vendors for towing services:
1.   East Bay Tow, Inc. for an amount not to exceed $82,000 for the term July 1, 2013 to June 30, 2016 with an option to renew for two, two-year terms;
2.   Hustead’s Towing Inc. for an amount not to exceed $88,000 for the term July 1, 2013 to June 30, 2016 with an option to renew for two, two-year terms.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900

18.  Increase Purchase Order No. 91571 with Alameda County Criminalist Laboratory for Evidence Testing
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase FY 2013 Purchase Order No. 91571 to Alameda County Criminalist Laboratory by $30,000 to remit payment for FY 2013 invoices submitted to the Police Department by County of Alameda Treasurer for the Alameda County Criminalist Laboratory for evidence testing and analysis services provided in FY 2013 as expenditures exceed the purchase limit currently authorized.
Financial Implications: Various Funds - $30,000
Contact: Michael Meehan, Police, 981-5900

19.  Contract: A-Z Bus Sales, Inc. for Diesel Engine Emission Retrofit Devices
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with A-Z Bus Sales, Inc. for diesel engine emission retrofit devices, in an amount not to exceed $141,000.
Financial Implications: Equipment Replacement Fund - $141,000
Contact: Andrew Clough, Public Works, 981-6300

20.  Contract No. 9125 Amendment: Gold Wing Engineering for Sanitary Sewer Project Panoramic Way Area (Phase I)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 9125 with Gold Wing Engineering for urgent sanitary sewer rehabilitation in the Panoramic Way area, increasing the amount by $168,000 for a total amount not to exceed $571,043.
Financial Implications: Sanitary Sewer Operation - $168,000
Contact: Andrew Clough, Public Works, 981-6300

21.  Residential and Commercial Refuse Collection Fees: FY 2014 Annual Inflator
From: City Manager
Recommendation:
Adopt a Resolution: 1) Increasing rates and fees for residential and commercial refuse collection by the Bay Area Consumer Price Index of 2.381%;  2) Adjusting temporary roll-off container rates to reflect current market rates; and  3) Rescinding Resolution No. 65,798-N.S. effective July 1, 2013.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

22.  HERO Property Assessed Clean Energy Program
From: Energy Commission
Recommendation:
Postpone a decision regarding participation in the Home Energy Renovation Opportunity (HERO) program until federal regulations on residential Property Assessed Clean Energy (PACE) loans are clarified and send a letter to the Federal Housing Finance Agency (FHFA) urging the Agency to establish federal rulemaking procedures in connection with residential PACE financing and to rescind directives to Fannie Mae and Freddie Mac that threaten the viability of residential PACE programs throughout the nation.
Financial Implications: None
Contact: Neal De Snoo, Commission Secretary, 981-7439

23.  Municipal Participation in Proposition 39 Funded Programs
From: Energy Commission
Recommendation:
Adopt a Resolution asking the California Legislature to allow municipal and other local government jurisdictions and agencies to be eligible for project funding under Proposition 39.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7400

24.  Product Stewardship and Extended Producer Responsibility
From: Zero Waste Commission
Recommendation:
Adopt a Resolution: 1)  Approving an Extended Producer Responsibility Policy;  2)  Directing staff to provide written notice of Berkeley's policy to various agencies to encourage state and county legislation requiring those who design, manufacture, and sell products to take responsibility for minimizing environmental impacts through all stages of the product's life cycle, including appropriate disposal using reuse; recycling; anaerobic or aerobic composting; or wasting for unrecyclable residuals; and  3)  Authorizing a contribution of $1,000 to the California Product Stewardship Council from the Import Mitigation Grant in the Alameda County Recycling Board Fund.
Financial Implications: See report
Contact: Andy Schneider, Commission Secretary, 981-6357
 

Council Consent Items

25.  Support CA State Senator Steinberg’s Proposal for Mental Health Care Improvements
From: Councilmembers Maio and Arreguín
Recommendation:
Support Senator Steinberg’s proposal for Mental Health Care improvements.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

26.  Protecting Berkeley’s Medical Cannabis Dispensaries
From: Councilmember Moore
Recommendation:
Authorize and direct the City Manager and City Attorney to take all necessary and appropriate actions to timely join in or initiate and file a lawsuit opposing the complaint seeking forfeiture of 2366 San Pablo Avenue, Berkeley, the site of Berkeley Patients Group, filed on May 2, 2013, in the United States District Court for the Northern District of California.
Financial Implications: Unknown
Contact: Councilmember Darryl Moore, District 2, 981-7120

27.  Assembly Bill 60: Driver’s Licenses Eligibility
From: Councilmember Arreguín
Recommendation:
Adopt a Resolution supporting Assembly Bill (AB) 60, authored by Assemblymember Luis Alejo, which would require the DMV to issue driver's licenses to persons ineligible for a Social Security Number (SSN) who provide alternative specified documentation.  Copies of the Resolution to be sent to Governor Jerry Brown, Senate President Pro Tem Darrell Steinberg, Senator Loni Hancock, Assembly Speaker John A. Perez, Assemblymember Nancy Skinner and Assemblymember Luis Alejo.
Financial Implications: None
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

28.  Support Bank on Student Loan Fairness Act
From: Councilmember Worthington
Recommendation:
Support the Bank on Student Loan Fairness Act by US Senator Elizabeth Warren and send letters to Congresswoman Barbara Lee, Senator Dianne Feinstein, and Senator Barbara Boxer.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

29.  Tenth Annual Berkeley World Music Festival
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation Designating June 22, 2013 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

30.  Support CARA’s Campaign to Protect Social Security, Medicare, and Medicaid
From: Councilmember Worthington
Recommendation:
Support the California Alliance for Retired Americans (CARA) Campaign to Protect Social Security, Medicare, and Medicaid as reflected in Assembly Joint Resolution 7 (Bonta) and to send letters to our federal representatives.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

31.  Refer to the Budget Process: Community Choice Working Group – Berkeley Climate Action Coalition
From: Councilmember Worthington
Recommendation:
Refer to the budget process: Community Choice Working Group – Berkeley Climate Action Coalition.
Financial Implications: $10,000 for FY 2013-2014
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

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

Action Calendar – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

Comments from members of the public regarding appeals shall be limited to one minute per speaker.  Any person that addressed the Council during one of the seven-minute periods may not speak again during the public comment period on the appeal. Speakers may yield their time to one other speaker, however, no speaker shall have more than two minutes. 

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Written reports shall be available for public review in the office of the City Clerk.
 

32.  ZAB Appeal: 2433 Martin Luther King, Jr. Way
Attachment 4 - Admin Record
Revised materials
From: City Manager
Recommendation:
Adopt a Resolution to affirm the Zoning Adjustments Board's (ZAB) approval of Use Permit No. 11-10000010 to construct two dwellings in a new two-story, 1,552 square foot building to the rear of an existing one-story, 1,064 square foot, single-family residence, on a 5,200 square foot parcel in the R-3 District.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appellant
1.    Matthew O’Brien

b. Communications
1.    Matthew O’Brien
2.    Minxi Liu
 

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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

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

33.  Amendments to the Berkeley Election Reform Act
a. 
Electronic Filing
From: Fair Campaign Practices Commission
Recommendation:
Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to provide for the electronic filing of campaign statements and reports and to designate the electronic filing as the filing of record.
Financial Implications: See report
Contact: Kristy van Herick, Commission Secretary, 981-6998

b. Technical Changes and Clean Up
From: Fair Campaign Practices Commission
Recommendation:
Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to bring the Act into compliance with state law, make technical changes to outdated provisions, and remove obsolete sections.
Financial Implications: None
Contact: Kristy van Herick, Commission Secretary, 981-6998


Action Calendar - Continued Business

A.  Zoning Amendments to BMC Chapter 23C.08 - Demolition and Dwelling Unit Controls (Continued from June 4, 2013)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code Sections 23C.08.020 and 23C.08.030, and adding Section 23C.08.035 to modify and clarify the conditions under which dwelling units may be demolished.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

B.  Greenleaf Wellness Group - 1515 Dwight Way: Determination Regarding a Public Nuisance Under BMC Section 23B.64 (Continued from June 4, 2013)
From: City Manager
Recommendation: Adopt a Resolution reflecting the City Council’s June 4, 2013 action determining that 1515 Dwight Way, operating as Greenleaf Wellness Group (Greenleaf), is:1) In violation of: a. BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; b. BMC Section 23A.12.010; c. Health and Safety Code Section 11362.765(a); and 2) A Public Nuisance under BMC Section 23B.64.020 and ordering the use enjoined and terminated.
Financial Implications: None
Contact: Gregory Daniel, Code Enforcement, 981-2482

C. a. Budget Referral: Reduction in City Council Non-Personnel Office Budgets  (Continued from June 4, 2013)
From: Councilmembers Arreguín and Wozniak
Recommendation: Refer the following to the FY 2014/2015 Budget Process: A recurring reduction to City Council Non-Personnel Office Budgets.
Financial Implications: See report
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

b. Draft Mayor and Council Office Budget Donation Policy  (Continued from June 4, 2013)
From: City Manager
Recommendation: Provide comments on a draft Mayor and Councilmember Office Budget Donation policy and, if appropriate, provide direction to the City Manager to return with a draft Resolution modifying the policy for the City Council's consideration.
Financial Implications: No direct fiscal impacts
Contact: Christine Daniel, City Manager, 981-7000

D.  North Shattuck Association Chocolate and Chalk Art Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (Continued from June 4, 2013)
From: Councilmember Arreguín
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the North Shattuck Association with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín, and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

Action Calendar - New Business

34.  Authorizing the Issuance of Up To $15,000,000 in General Obligation Bonds for the Measure M - Street and Integrated Watershed Improvements
From: City Manager
Recommendation:
Adopt a Resolution authorizing the issuance of up to $15,000,000 aggregate principal amount of general obligation bonds (Measure M - Street and Integrated Watershed Improvements), and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

35.  FY 2014 Tax Rate: Fund Debt Service on Streets and Watershed General Obligation Bonds-Election of November 2012
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding the debt service on the Streets and Watershed General Obligation Bonds (Measure M, November 2012) that are expected to be issued in January 2014 at 0.0070%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

36.  Borrowing of Funds and the Sale and Issuance of FY 2014 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation:
Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2014 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

37. a. Annual Adjustment of Measure GG Tax Rate
From: Disaster & Fire Safety Commission
Recommendation:
The Disaster & Fire Safety Commission recommends that there be no increase in the rate of tax imposed under Measure GG in Fiscal Year 2014.
Financial Implications: See report
Contact: Aaron Lee, Finance, 981-5502

b. FY 2014 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2014 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at $0.04659 (4.659 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.07051 (7.051 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

38.  Medical Cannabis Ordinance Revisions and Dispensary Selection Process
a. 
From: Medical Cannabis Commission 
Recommendation:
 
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 12.26.030;
2. Adopt first reading of an Ordinance adding BMC by creating a new Chapter 12.27, including the Medical Cannabis Commission's recommendations (Alternative A);
3. Adopt a Resolution establishing a ranking process for the selection of additional medical cannabis dispensaries in Berkeley; and
4. Refer to the Planning Commission an amendment to BMC Section 23E.16.070 to increase the number of dispensaries permitted from four to six.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

b. From: City Manager
Recommendation: 
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 12.26.030;
2. Adopt first reading of an Ordinance adding BMC Chapter 12.27, including the staff recommendations (Alternative B);
3. Adopt a Resolution establishing a ranking process for the selection of additional medical cannabis dispensaries in Berkeley; and
4. Refer to the Planning Commission an amendment to BMC Section 23E.16.070 to increase the number of dispensaries permitted from four to six.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

39.  Amending Berkeley Municipal Code Chapters 9.48, Chapter 14.48 and Chapter 16.18 to Establish a Two Year Pilot Program Authorizing Sidewalk Displays by Fixed Location Merchants on Telegraph Avenue
From: City Manager
Recommendation:
Adopt first reading of three Ordinances:
1.   Amending BMC Chapter 9.48 regarding regulation of sidewalk vending on Telegraph Avenue; and
2.   Amending BMC Chapter 14.48 regarding regulation of miscellaneous use of sidewalk, and
3.   Amending BMC Chapter 16.18 regarding regulation of right of way encroachments.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
 

Council Action Items

40.  Discussion and Direction on City Council Budget Referrals
Supplemental materials
From: Mayor Bates
Recommendation:
Discuss and provide direction to the City Manager regarding City Council budget referrals for the FY 2014 and FY 2015 budget process.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100


Information Reports 

41.  Settlement of Koolish v. City of Berkeley, ACSC No. RG 12 619373
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950

42.  Community Agency Funding Budget Referrals
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services 981-5400

Public Comment – Including Items Not Listed on the Agenda –  

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.cityofberkeley.info/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

 

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

 

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 6, 2013.


Mark Numainville, City Clerk

 

Communications

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

Item 26: Protecting Berkeley’s Medical Cannabis Dispensaries
1.    Joe Elford

Parking Regulations
2.    Vaughn Sills

FEMA and Fire Risk Reduction
3.    Sally Nelson

Tenant Complaint
4.    W.B.C

Pedestrian Safety Petition
5.    Dan McMullan
       Bruce Douglas Reeves
       Graham Freeman
       L. Karlene Gullone
       Franziska Marks
       Erik Schmitt
       Felipe Fernandez
       John Iversen
       Judith Grether
       Karen Bennett
       Alyse Jacobson
       Karina Garbesi
       Inda Luciano
       Gae Henry
       Martin Edwards
       Ann & John Kadyk