Regular Meeting eAgenda
September 10, 2013

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 10, 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.

1.     Pledge of Allegiance to the Flag

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.

Recess Items

1.   Revenue Contract No. 8616: County of Alameda for Shelter Plus Care Program
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action of the City Manager taken during recess to execute Revenue Contract No. 8616 with the County of Alameda for a total contract amount of $256,222, to provide tenant-based rental assistance through the Shelter Plus Care Program for the 12-month period of March 1, 2013 through February 28, 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

2.   Grant Agreement: State of California Tuberculosis Special Needs Funding
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing submission and acceptance of a grant agreement with the State of California in the amount of $27,620; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding for related expenses, subject to securing the grants for Tuberculosis Special Needs Funding.
Financial Implications: Health (General) Fund - $27,620 (grant)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

3.   Contract No. 9105A Amendment: Meyers Nave for Chief Labor Negotiation Services
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. 9105A with the law firm of Meyers Nave for the services of Eddie Kreisberg to perform Chief Labor Negotiator services, increasing the contract not to exceed amount by $25,000 for a not to exceed amount of $75,000.
Financial Implications: General Fund - $25,000
Contact: David Abel, Human Resources, 981-6800

Consent Calendar

4.   Regulate the Addition of Bedrooms in Certain Residential Districts to Reduce the Likelihood of Creating Mini-Dorms; Amending BMC Sub-Title 23D
From: Planning Commission
Recommendation:
Adopt second reading of Ordinance No. 7,306–N.S. amending the Zoning ordinance to control the addition of bedrooms to existing parcels in the R-1, R-1A, R-2, R-2A, R-3 districts
First reading vote: Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Moore, Bates.
Financial Implications: See report
Contact: Alex Amoroso, Commission Secretary, 981-7520

5.   Amending the Council Expense Reimbursement Policy
From: City Manager
Recommendation:
Adopt a Resolution amending the policy for City Expenditures and Expense Reimbursement for Mayor and Council to include the Councilmember Office Budget Relinquishment and Grant Policy and rescinding Resolution No. 63,412-N.S.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

6.   Establish 2014 City Council Meeting Schedule
From: City Manager
Recommendation:
Adopt a Resolution establishing the Council regular meeting schedule for 2014, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

7.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of July 2, 2013 (special closed and regular) and July 16, 2013 (regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

8.   Sidewalk Vending Ordinance, Amending BMC Chapter 9.48
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 9.48.045.B.1 to correct an inadvertent error.
Financial Implications: None
Contact: William Rogers, City Manager’s Office, 981-7000

9.   Safety Members’ Pension Fund Annual Reports for FY 2010, 2011, and 2012
From: City Manager
Recommendation:
Accept the Safety Members Pension Fund (SMPF) annual reports for fiscal years ended June 30, 2010, 2011, and 2012.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

10.  Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on September 10, 2013
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 - $4,549,616
Contact: Robert Hicks, Finance, 981-7300

11.  Master Agreement: Toshiba Business Solutions for the Lease of Copiers
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Master Agreement with Toshiba Business Solutions by piggy-backing off Contra Costa County Request For Proposal (RFP) No. 1201-0038 for the lease copiers for various City departments as needed for a period covering July 1, 2013 through June 30, 2018. Expenditures are projected to cost approximately $218,500 in FY 2014, $207,575 in FY 2015, and $200,100 in fiscal years FY 2016 through FY 2018 for a total not to exceed of $1,026,375 for five (5) years, subject to the City's annual budget appropriation process.
Financial Implications: Various Funds - $1,026,375
Contact: Robert Hicks, Finance, 981-7300

12.  Memorandum Agreement: Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association
From: City Manager
Recommendation:
Adopt a Resolution approving a new three (3) year Memorandum Agreement with the Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association with a term of June 24, 2012 through June 20, 2015 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new Agreement.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

13.  Donation: Berkeley Echo Lake Camp Association
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation from the Berkeley Echo Lake Camp Association (BELCA) in the amount of $4,265 for summer 2013 Echo Lake Camp programs.
Financial Implications: Playground Camp Fund - $4,265 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

14.  Contract No. 9076 Amendment: Transystems, Inc. for the South Cove Public Docks Improvement Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9076 with Transystems, Inc. to provide additional design and engineering services for the South Sailing Cove Public Dock Improvement Project in an amount not to exceed $43,260 for a total contract amount not to exceed $182,625, and extending the term of the contract through December 31, 2014.
Financial Implications: National Fish and Wildlife Foundation Grant Fund - $182,625
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

15.  Execute a Loan Agreement Between the City and Successor Agency for the Savo Island Project Area Debt Service Payments of the Retiree Medical Trust Fund Loan
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Loan Agreement between the City and Successor Agency for the Savo Island Project Area Debt Service Payments of the Retiree Medical Trust Fund Loan in the amount of $58,960.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

16.  Contract Amendment: Ken Hargis & Associates for Police Promotional Examinations
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend a contract with Ken Hargis & Associates, increasing it in the amount of $24,200 for a total not to exceed amount of $73,200 for police promotional examinations for the classifications of police sergeant and police lieutenant.
Financial Implications: General Fund - $24,200
Contact: Michael Meehan, Police, 981-5900

17.  Contract: 2013-14 Department of Alcoholic Beverage Control Grant for the Enforcement of Alcohol Related Laws
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Fiscal Year 2014 Department of Alcoholic Beverage Control (ABC) Grant funding in the amount of $75,500 and appropriate the funds to enforce laws to reduce availability of alcohol to underage persons and identifying minors who purchase, use or borrow false forms of identification for purposes of obtaining alcohol or entering licensed alcohol premises.
Financial Implications: Alcoholic Beverage Control Fund - $75,500
Contact: Michael Meehan, Police, 981-5900

18.  Amend BMC Section 14.52.120 Parking Meter and Pay-and-Display Station Fees to Reduce the Minimum Transaction Amount for Cash Payment
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 14.52.120 Parking Meter and Pay-and-Display (P&D) Station fees to eliminate the 12 minute minimum transaction amount for cash payment at parking meters and P&D Stations; so that each coin type accepted by the meter will purchase parking time on the meters.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

19.  Purchase Order Amendment: A-Z Bus Sales for Diesel Engine Emissions Retrofit Devices
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the purchase order with A-Z Bus Sales, Inc. for diesel engine emissions retrofit devices to increase the amount by $7,621 for a total amount not to exceed $148,621.
Financial Implications: Equipment Replacement Fund - $7,621
Contact: Andrew Clough, Public Works, 981-6300

20.  Contract: Hustead's Towing, Inc. for Equipment Maintenance Towing Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a towing contract with Hustead's Towing, Inc. for 3 years, for an amount not to exceed $50,000; with options for two 1-year extensions, for a total contract amount not to exceed $83,332.
Financial Implications: Equipment Maintenance Fund - $83,332
Contact: Andrew Clough, Public Works, 981-6300

21.  Approval of Four Additional Meetings for Children, Youth, and Recreation Commission in 2013
From: Children, Youth, and Recreation Commission
Recommendation:
Adopt a Resolution approving four additional meetings for the Children, Youth, and Recreation Commission in calendar year 2013.
Financial Implications: None
Contact: Roger Miller, Commission Secretary, 981-6704

22.  Recommended Strategy for Energy Ordinances
From: Energy Commission
Recommendation:
Adopt a Resolution directing staff to initiate a public process to prepare an ordinance(s) for City Council and community consideration to update the City's existing Residential and Commercial Energy Conservation Ordinances.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7439

23.  Support AB 1229 (Atkins), A Bill to Affirm Local Control of Inclusionary Housing
From: Housing Advisory Commission
Recommendation:
Adopt a Resolution supporting AB 1229, a Bill to Affirm Local Control of Inclusionary Housing, and approving transmission of the Resolution to the offices of State Assembly Members Toni Atkins and Nancy Skinner and State Senator Loni Hancock.
Financial Implications: None
Contact: Kristen Lee, Acting Commission Secretary, 981-5427

24.  Approval of Four Additional Meetings for Parks and Waterfront Commission in Calendar Year 2013
From: Parks and Waterfront Commission
Recommendation:
Adopt a Resolution approving four additional meetings for the Parks and Waterfront Commission in calendar year 2013.
Financial Implications: None
Contact: Roger Miller, Commission Secretary, 981-6704

Council Consent Items

25.  Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
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

26.  Costs to the County, Cities, Families, and the Community of Persons with Mental Health Disabilities, who Present Themselves in Crises Multiple Times
From: Councilmember Maio
Recommendation:
Request the Alameda County Board of Supervisors to accumulate the costs to the public of frequent recurrences of persons in crises requiring emergency mental health services.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

27.  High Definition Video Cameras at Liquor Stores
From: Councilmembers Maio and Moore
Recommendation:
Request the Manager to research El Cerrito's requirement that High Definition Video Cameras be installed at liquor stores and report back with a recommendation for Berkeley adoption.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110

28.  South Berkeley Santa Fe Right of Way Cost Estimate
From: Councilmembers Moore, Maio, and Worthington
Recommendation:
Direct the City Manager to develop a cost estimate for the planning and implementation of the South Berkeley Santa Fe Right of Way Greenway.  The estimate would include rough costs for preparing a master plan, design drawings for, and construction of the greenway.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

29.  Genetically Modified Organism Labeling
From: Councilmember Arreguin
Recommendation:
Refer to the City Manager, Community Environmental Advisory Commission and the Community Health Commission the issue of Genetically Modified Organism labeling of the retail of fresh produce for review and request that they return to City Council with a recommendation.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

30.  Budget Referral: Berkeley Art Center
From: Councilmember Capitelli
Recommendation:
Refer to the budget process an increase of $30,000 annually for the Berkeley Art Center.
Financial Implications: $30,000
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

31.  Proclamation to Recognize and Praise 12-Year-Old Zeke Gerwein for His Successful “Zeke’s Climate Ride” Action
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation recognizing and praising Zeke Gerwein for his valiant efforts to elevate awareness of climate change through "Zeke's Ride for the Climate" and the completion of his bicycle ride from the California-Mexico border to Seattle.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

32.  Implement More Functions to Ensure Smartphone Safety from Theft
From: Councilmember Worthington
Recommendation:
Send a letter to the CTIA (The Wireless Association) to recommend implementing a "kill switch" function to cell phone manufacturers and carriers.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

33.  Support Survivors of Sexual Violence by Sending a Letter to the Department of Education to Protect Assaulted Students, and Support Local Sexual Assault and Awareness Day
From: Councilmember Worthington
Recommendation:
Send a letter to the Department of Education in support of the recent petition that urges the Department of Education to hold Universities accountable to Title IX and support sexually assaulted students, and support local sexual assault and awareness day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

34.  Support the National Low Income Housing Coalition Lawsuit Against Federal Housing Finance Agency for Failure to Uphold Their Statutory Obligation for Affordable Housing
From: Councilmember Worthington
Recommendation:
Support the National Low Income Housing Coalition lawsuit against Edward DeMarco, the Acting Director of the Federal Housing Finance Agency for failure to uphold their statuary obligations to lift Fannie Mae and Freddie Mac's suspension and use their promised profits to fund affordable housing.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

35.  City Manager Referral: Make All Signed Proclamations by the Mayor and Members of the City Council Accessible to the Public on the City Website
From: Councilmember Worthington
Recommendation:
Refer to the City Manager that all signed proclamations made by the Mayor and City Council on the City website so that community members may access them.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Refer Electronic Cigarette Sale and Use to the Health Commission to Consider Health Policy
From: Councilmember Worthington
Recommendation:
Refer e-cigarette use to the Health Commission and request that they return to the Council with a recommendation on whether or not to restrict the sale and use of nicotine and non-nicotine e-cigarettes.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

37.  Support Assembly Bill 1336: Protecting Workers Receiving Prevailing Wages and Send Letters to Senator Loni Hancock and Governor Jerry Brown
From: Councilmember Worthington
Recommendation:
Support Assembly Bill 1336, which extends the statute of limitations for civil actions for recovering wages lost due to prevailing wage violations from 180 days to 18 months, among other changes send a letter to Senator Loni Hancock and Governor Jerry Brown.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

38.  Thank Senator Ellen Corbett for Authoring Senate Bill 776: Restrict Sham “Labor-Compliance Committees” from Taking Earning from Workers Paychecks
From: Councilmembers Worthington and Moore
Recommendation:
Send a letter of thanks to Senator Ellen Corbett, who authored Senate Bill 776, which prevents anti-union groups and contractors from taking earnings from workers paychecks to fund sham labor compliance committees.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

39.  City Manager Referral: Permit Increase for Disability Taxi Cab Services
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to issue an additional 5 taxi permits to be used for wheelchair accessible taxi service in the City of Berkeley.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

40.  City Manager Referral: Penalty for "Pirate" Taxi Cab Drivers Operating Without a Permit
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to levy an administrative citation up to $5,000 for "Pirate" Taxi Cab Drivers and Owners who come from other cities and operate in the City of Berkeley without a permit.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

41.  City Manager Referral: Waiting List for Taxi Cab Permits Be Made Available to the General Public and/or the Berkeley Taxi Cab Association
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to make available the waiting list for taxi cab permits in the City of Berkeley.
Financial Implications: Minimal
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 – Public Hearing

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.

42.  a. Amendments to the Berkeley Election Reform Act - 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: Commission Secretary

b. Implementation of Proposed Electronic Filing Amendments to the Berkeley Election Reform Act
Presentation
From: City Manager
Recommendation:
Review the additional information provided by staff related to uploading data from campaign committees and adopt the recommendation of the Fair Campaign Practices Commission to amend the Berkeley Election Reform Act to provide for the electronic filing of campaign statements and reports.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900

Action Calendar – Old Business

43.  Referral to City Manager: Changes to Municipal Code Regarding Affordable Housing Requirement Implementation (Continued from July 16, 2013)
Supplemental materials
From: Councilmembers Arreguin and Capitelli
Recommendation: Refer to the City Manager and Housing Advisory Commission:  1. The proposed changes to Berkeley Municipal Code (B.M.C.) Section 22.20.065, relating to affordability requirements and implementation of the Affordable Housing Mitigation Fee. Request that the City Manager and HAC review these concepts and provide a recommendation to the City Council on possible changes to the ordinance. 
2. Requesting a report from the City Manager about how staff implement the provision allowing for reductions or waiver of fees, B.M.C. Section 22.20.080, including: a. What information is requested of the applicant to provide "satisfactory factual proof" that the waiver/reduction is a "hardship"? b.  What process does city staff go through to determine how fee requirements make a project “infeasible”? What standard does the city use to determine “infeasibility”?
The report should also explore requiring that the applicant pay for a third party to evaluate financial information to determine how the fees affect financial feasibility. The City of San Carlos requires the applicant to pay for a third party to evaluate their pro forma to determine whether the fee would make the project infeasible.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar – New Business

44. a. City Council Redistricting Ordinance
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adjusting the City Council district boundaries pursuant to Section 9, Article V of the Berkeley City Charter, to equalize population in the districts as a result of population changes reflected in the 2010 Decennial Federal Census.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

b. United Student District Amendment Redistricting Plan
From: Councilmembers Arreguin, Anderson and Worthington
Recommendation:
Direct the City Manager to review for consistency with state and local requirements the proposed United Student District Amendment (USDA) redistricting plan and return to City Council with its analysis and with a proposed ordinance to allow adoption of the USDA map. Staff should present to Council simultaneously separate redistricting ordinances to adopt either the USDA map or the Berkeley Student District Campaign map.
Financial Implications: Staff time
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

45. a. HERO Property Assessed Clean Energy Program  (Continued from July 16, 2013)
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 DeSnoo, Commission Secretary, 981-7439

b. HERO Property Assessed Clean Energy Program
Revised materials
From: Councilmember Worthington
Recommendation:
The City should proceed to act on the HERO and PACE programs in order to accomplish the goals laid out in Berkeley's Climate Action Plan.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Council Action Items

46.  RFP for Development of Berkeley Way Parking Lot
From: Councilmembers Arreguin, Capitelli, Worthington, and Maio
Recommendation:
Refer to the City Manager and Housing Advisory Commission the development of a Request for Proposals (RFP) for the development of the city-owned Berkeley Way Parking Lot to permit site acquisition and construction of an affordable housing project, specifically a permanently supportive housing development.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

47.  Open Letter to Governor Jerry Brown to Stop the Torture in California Prisons
From: Councilmember Worthington
Recommendation:
Endorse the stopthetortureca.org open letter to Governor Jerry Brown to stop torture in California prisons.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

48.  City Manager Referral: Inform the Public of Updates and Modifications to Council Agenda After the Completion of the Consent Calendar
From: Councilmember Worthington
Recommendation:
City Manager Referral: That the Council inform the public of any updates or modifications to the Council agenda after the completion of the consent calendar.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

49.  Passport Services at the City Clerk Department
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900

50.  City-owned Retail Space at Telegraph Channing Mall
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

51.  Update on Monitoring Inclusionary Housing Rental Units
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

52.  Update on the Status of Electric Vehicle Infrastructure in Berkeley
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

53.  LPC-NOD: 2506 Dwight Way
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

54.  LPC-NOD: 1001 Hearst Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

55.  Mold and Mildew Enforcement Update
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400; Jane Micallef, Health, Housing and Community Services, 981-5400

56.  goBerkeley Parking Pilot Changes Effective October 15, 2013
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

Adjourned in Memory of:

1.    Michael Winter, Disability Rights Advocate
2.    Roy Nakadegawa, former BART Director

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 August 29, 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.

Downtown Area Plan
1.    Avram Gur Arye

Demolition Ordinance
2.    Kevin Zhang

Secondhand Smoke
3.    Carol Denney

Correspondence Regarding United States Postal Service
4.    Dianne Feinstein

Food Carts on College/Bancroft
5.    Daryl Ross

Berkeley CERT Citywide Exercise
6.    David Sweigert

Pest Management Study
7.    Jane & Tom Kelly

Measure M – Street Paving
8.    Heather Wood
9.    Joanne Magruder

Berkeley Activism
10. Zelda Bronstein