Regular Meeting eAgenda
November 19, 2013

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 19, 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.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of October 1, 2013 (special and regular), October 8, 2013 (special closed), October 15, 2013 (regular), October 22, 2013 (special closed) and October 29, 2013 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on November 19, 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 - $4,400,000
Contact: Robert Hicks, Finance, 981-7300

3.   Condominium Conversion Program - Annual Report and Amending BMC Chapter 21.28
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) section 21.28.030.G to clarify the definition of a resident tenant.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

4.    Funding Reallocation and Contract Amendments: Winter Homeless Shelter Programs
From: City Manager
Recommendation:
Adopt three Resolutions authorizing the City Manager to reallocate $103,500 previously budgeted to fund shelter operations and transportation for the Winter Shelter Program at the Oakland Army Base in order to fund additional shelter capacity in Berkeley, and authorizing the execution of resultant agreements and contract amendments for the purpose of expanding winter shelter capacity in FY 2014 with:
1. The Berkeley Food and Housing Project for up to $65,305 for Contract No. 9291;
2. Building Opportunities for Self-Sufficiency for up to $24,300 for Contract No. 9298; and
3. Dorothy Day House for up to $13,895 for Contract No. 9301.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

5.   Contract: American Cooling Tower, Inc. for Cooling Tower and Boiler Replacement for 1947 Center Street
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving the plans and specifications for the Cooling Tower and Boiler Replacement for 1947 Center Street, Specification No. 113-10734-C; and 2.  Accepting the bid of the lowest responsive and responsible bidder, American Cooling Tower, Inc.; and 3.  Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $387,594.
Financial Implications: Building Purchases and Management Fund - $387,594
Contact: Andrew Clough, Public Works, 981-6300

6.   Purchase Orders: Toter, Incorporated for Refuse and Recycling Roll-Out Carts
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Authorizing the City Manager to enter into additional FY 2014 purchase orders with Toter, Incorporated for refuse and recycling rollout carts, for a total FY 2014 amount not to exceed $176,039; and 2.  Authorizing the City Manager to purchase refuse and recycling rollout carts from Toter, Incorporated, piggy-backing off of a National Intergovernmental Purchasing Alliance (NIPA) contract with Toter, for annual expenditures not to exceed:  FY 2015 - $259,659; FY 2016 - $267,448; FY 2017 - $275,472; FY 2018 - $283,736
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

7.   Naming Twain Path No. 68 for Betty Olds
From: Public Works Commission
Recommendation:
Adopt a Resolution, by at least a 2/3 majority, renaming Twain Path No. 68 as the Betty Olds Path.
Financial Implications: Unknown
Contact: Jeff Egeberg, Commission Secretary, 981-6406

Council Consent Items

8.   Recommendation to the Alameda County Board of Supervisors Regarding AB 1421 (“Laura’s Law”) for Mental Health Services
From: Councilmember Maio
Recommendation:
urge the Alameda County Board of Supervisors to adopt the recommendations for improved Mental Health Services as proposed by Health Care Services Director Alex Briscoe, and in particular to approve the pilot of Assisted Outpatient Treatment (AOT) for five seriously ill clients.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

9.   Portable Sign Pilot Program
From: Councilmember Arreguin
Recommendation:
Refer to the City Manager, the Commission on Disability, and the Transportation Commission for consideration the expansion of the existing portable sign program that enables businesses to place portable signs on sidewalks and medians.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

10.  Salary Study for Mayor and Councilmembers
From: Councilmembers Arreguin and Wozniak
Recommendation:
Direct the City Manager to conduct a study regarding the salaries of local elected officials in other jurisdictions (including Charter cities and Bay Area cities) and including information on how much time Council members in other cities on average dedicate to their Council position or are obligated to dedicate, as well as information on how Council members in other cities are paid (whether by hourly rate or a lump sum stipend). The City Manager should report the results of this salary study to the City Council.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

11.  Support Transgender Rights: Oppose the Deceptively Named Privacy for All Students Campaign
From: Councilmember Worthington
Recommendation:
Adopt a Resolution opposing the Privacy for All Students Campaign, a referendum effort to overturn AB 1266, the School Success and Opportunity Act, a bill that provides rights for transgender students.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

12.  Proclamation to Honor Shelley Jones, Sean Stallmayer, and Zandra Guiten-Bellard for Acts of Heroism and Compassion
From: Councilmember Worthington
Recommendation:
Adopt a proclamation to honor Shelley Jones, Sean Stallmayer, and Zandra Guiten-Bellard for saving the life of Mark Schwartz.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

13.  City Manager Referral: Establish an Open Data Policy for the City of Berkeley
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to review the creation of a resolution establishing an Open Data policy for the City of Berkeley for making public data available in machine readable formats using open data standards.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

14.  Support Senate Bill 316 the Postal Service Protection Act of 2013, and Oppose Senate Bill 1486
From: Councilmembers Worthington and Arreguin
Recommendation:
Adopt a Resolution supporting Senate Bill 316 Postal Service Protection Act of 2013 and opposing Senate Bill 1486. Send a copy of the resolution to the President and Vice President of the United States, Majority Leader of the Senate, US Senators Barbara Boxer and Dianne Feinstein, Congress member Barbara Lee, and the United States Postmaster General.
Financial Implications: None
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 appeal. Written reports shall be available for public review in the office of the City Clerk.

15.  ZAB Appeal: 3001 Telegraph Avenue
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution approving Administrative Use Permit No. 13-20000024 to establish a quick-service food use within an existing 2,063 sq. ft. commercial tenant space with hours of operation from 5:30 a.m. to 9 p.m. daily and to waive three required off-street parking spaces required with the change of use from general commercial to a food service use, and dismiss the appeal.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appeal
1.    Andrew Johnson on behalf of the Bateman Neighborhood Association, and James Smith

b. Communication
1.    John Kevlin

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.

16.  Public Hearing and Levying of Assessments in the Solano Avenue Business Improvement District for 2014
From: City Manager
Recommendation:
Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District", "the Solano BID" or "the BID") for 2014 and, if no majority protest exists, levy annual assessments in the District for calendar year 2014 to finance services and improvements and authorize a fiscal agency contract with Livable Berkeley for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

17.  Establish the Elmwood Business Improvement District, Levy Assessments in the District for 2014, and Authorize a Contract with the Elmwood Merchants Association
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion:
1.  Adopt first reading of an Ordinance establishing the Elmwood Business Improvement District, including an Advisory Board to make recommendations to the Council on the District, adding Chapter 7.84 of the Berkeley Municipal Code (BMC); and repealing Chapter 7.84 of the BMC originally adopted by Ordinance No. 6,164-N.S.; and
2.  Adopt a Resolution levying assessments in the Elmwood Business Improvement District for calendar year 2014 and giving the City Manager authority to contract with the Elmwood Merchants Association to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention, Resolution No. 66,345-N.S.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Action Calendar – Old Business

18.  Housing Advisory Commission Recommendation Regarding Affordable Housing Impact Fee (Continued from October 15, 2013) 

a. From: Housing Advisory Commission
Recommendation: Accept the proposed changes to the Affordable Housing Mitigation Fee provisions of Berkeley Municipal Code Section 22.20.065, as submitted to Council on July 16, 2013, with certain exceptions regarding 1) the process for determining affordability levels for in-lieu units; 2) correction of certain language included in Paragraph 2.a; 3) the deadline by which applicant developers must pay the Mitigation Fee; 4) the appropriate index for annual adjustments to the Mitigation Fee; and 5-6) actions related to creating a City-maintained waiting list for below-market rate units built pursuant to the Mitigation Fee Ordinance.
Financial Implications: Unknown
Contact: Kate Hartley, Commission Secretary, 981-5411

b. From: City Manager
Recommendation: Accept the Housing Advisory Commission’s recommendation numbers 2 (correcting a minor wording error) and 4 (indexing the fee); and accept staff’s recommendations numbers 1 (option to provide a range of affordability levels for in-lieu units), 3 (payment of fee required prior to Certificate of Occupancy); 5 and 6 (enhanced access and outreach for marketing of affordable units).
Financial Implications: Unknown
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

19.   Referral to City Manager: Changes to the Municipal Code Regarding Affordable Housing Requirement Implementation (Continued from October 15, 2013)
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 “infeasiblity”? 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

20.  Update on Monitoring Inclusionary Housing Rental Units (Continued from October 15, 2013)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action Calendar – New Business

21.  Recent Change in State Law Affecting Inclusionary Housing
From: City Manager
Recommendation:
Direct the City Manager to initiate the process of conducting a nexus study to determine the appropriate affordable housing mitigation fee applicable to new for-sale housing, and pending the outcome of that study and the adoption of such a fee, to impose a condition on all new for-sale developments that might be subject to such a fee requiring them to pay a fee, if and when adopted.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

22.  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 ratifying and amending Resolution No. 66,212-N.S. which authorized the issuance of up to $15,000,000 aggregate principal amount of general obligation bonds (Measure M - Street and Integrated Watershed Improvements), approving an official statement and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

23.  Update of the 5-Year Street Paving Plan for FY 2014 – 2018, as Adjusted by Measure M Funding Considerations
From: Public Works Commission
Recommendation:
Adopt a Resolution: 1. Updating the City's 5-Year Street Paving Plan for FY 2014 - FY 2018, as adjusted by Measure M funding considerations, and  2. Directing staff to prepare the paving plan by June of each year.
Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6406

24. a. Recommendation Regarding the Soft Story Ordinance
From: Housing Advisory Commission
Recommendation:
With certain exceptions, accept proposed amendments to Chapter 19.39 of the Berkeley Municipal Code that establish an inventory of potentially hazardous buildings containing soft, weak, or open front stories and adopt mandatory seismic retrofit requirements ("Soft Story Ordinance"; "Ordinance").
Financial Implications: Unknown
Contact: Kate Hartley, Commission Secretary, 981-5411

b. Ordinance to Require the Retrofit of Soft, Weak or Open Front Buildings; Amending BMC Chapter 19.39
Presentation
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Chapter 19.39 of the Berkeley Municipal Code adopting mandatory seismic retrofit requirements for wood-frame buildings with five or more residential units containing soft, weak or open front stories.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

25.  Create Introductory Project for Sustainable Seafood Labeling 

a. From: Community Environmental Advisory Commission
Recommendation: Adopt a Resolution authorizing the City Manager to: 1.  Support the policy of sustainable seafood; 2.  Develop a nine-month introductory project with limited funding to Berkeley fresh seafood retailers to provide point of sale information on sustainable seafood; assess the introductory sustainable seafood labeling project at the end of the 9-months; and provide CEAC with this assessment. 3.  Based on the results of the introductory project evaluation, develop an ordinance to require point of sale sustainable seafood labeling by January 1, 2015.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461

b. From: City Manager
Recommendation: The City Manager recommends that Council refer the timing and funding for the project to be considered as part of the City Work Plan and the budget process.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

26. a. Request for Multicultural Institute Audit of Services
From: Human Welfare and Community Action Commission
Recommendation:
Adopt a Resolution directing the City Manager to conduct an audit of services provided by the Multicultural Institute (MI), including job placement, community service days, GED classes, and the meals program. The review of MI's services should be completed within the next three months to give MI an opportunity to clarify its programs and outcomes.
Financial Implications: Staff time
Contact: Wing Wong, Commission Secretary, 981-5428

       b. Multicultural Institute Site Visit Report
From: City Manager
Recommendation:
 
1. Take no action on the Human Welfare and Community Action Commission's recommendation to conduct an audit of the City funded activities provided by the Multicultural Institute.
2. Review and accept staff's site visit report for the Multicultural Institute.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Council Action Items

27.  Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
From: Councilmember Arreguin
Recommendation:
Refer to the City Manager for incorporation in a draft Tobacco-Free Multi-Unit Housing Ordinance the following proposals: 1. Delay the effective date of the ordinance to May 1, 2014, rather than March 1, 2014 as previously directed by the City Council, so that staff has adequate time to draft amendments based on this referral and bring back a final ordinance for Council adoption. Also delay the requirement that landlords notify tenants effective January 1, 2014. A delayed implementation date would also provide enough time for the city to conduct outreach to owners and tenants of the new requirements and increase smoking cessation resources before the ordinance goes into effect. 2. All initial leases or rental agreements signed on or after May 1, 2014 shall include language expressly prohibiting smoking in the units or in any common areas of a multi-unit residence. 3. That all initial leases or rental agreements signed after May 1, 2014, also notify tenants which units in the building do not have leases which expressly prohibit smoking. 4. Failure to provide either of the lease provisions noted above will allow the new tenant to break the lease without penalty.  (the language proposed by the Manager on October 1st along with the modifications proposed by the Rent Board on October 1st suffices). 5. That the City or Rent Board actively encourage and try to get tenants to sign voluntary lease addendums which prohibit smoking. Any voluntary lease addendum should be on a City/Rent Board developed form. 6. That the Rent Board establish and maintain a registry of all rental units in multi-unit housing indicating which units have leases that expressly prohibit smoking & require owners to notify the Rent Stabilization Board of lease provisions prohibiting smoking, and that the city require that owners of units registered with the Rent Board and those that aren’t registered provide information on which units have no-smoking lease clauses. 7. That owners be required to post signs in common areas of all multi-unit housing indicating smoking is prohibited. 8. That the City allocate staff to enforce violations of this ordinance through an initial investigation, written warning and followed by progressively increasing fines of $250, $500, $1000 and $1,500 for each infraction. Consistent with the previous staff drafted ordinance, there should be a cap on the number of private right of actions that any individual resident may file in a year against another smoking resident. 9. Includes the private right of action but strengthen it by allowing each resident to collect no more than $1,000 in a calendar year through private right of action. Doing this allows us to show that we are not tolerating or condoning smoking but believe that real financial penalties (rather than an unequal risk of lost housing) should be an appropriate penalty that can be applied in a more uniform way. Also making a violation the ordinance an infraction does not give an owner automatic grounds to evict a tenant. Also include the mandatory mediation provisions included in the ordinance proposed by the Manager on October 1, 10. Warnings be required by landlords and by the City before any enforcement action can be taken. The City Council should authorize sufficient staff and a funding source for proper enforcement and outreach. Previously, the City Manager indicated such a program would cost in the neighborhood of $120,000 annually to implement. Councilmember Maio indicated that the inspectors associated with the Rental Housing Safety Program be charged with implementing the Ordinance. If the RHSP fee were increased by $5 per unit, there would be sufficient resources to fund the necessary staff to implement the provisions of the Tobacco-Free Multi-Family Housing Ordinance I am proposing. If there needs to be a specific nexus between a no smoking ordinance and the RHSP program, City staff should explore amending the housing code so that smoking is a violation that can be cited and enforced by RHSP Housing code inspectors.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

28.  Support UFW Efforts to Improve Worker Health and Safety Practices at Darisgold Inc. Dairy Company
From: Councilmember Worthington
Recommendation:
Send a letter to Darigold, Inc. dairy company requesting a change in worker health and safety practices at their dairy factories and respond to the United Farm Workers (UFW) request for dialogue.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

29.  FY 2013 Year-End Review and FY 2014 First Quarter Review
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

30.  Audit Update: Shelter Plus Care: Fully Compliant but Vulnerable to Staffing Cuts
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

31.  Audit Update: Permit Service Center Surprise Cash Count: Need to Address Long Standing Security and Accountability Concerns
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

32.  Citywide LED Street Light Replacement - Update on Process
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

33.  Alameda County Lead Poisoning Prevention Joint Powers Authority Board of Directors Meeting
From: Councilmember Wengraf
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 

Public Comment – 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.

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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:

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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.

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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 November 7, 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 23: Update of the 5-Year Street Paving Plan for FY 2014 – 2018, as Adjusted by Measure M Funding Considerations
1.  Olga Bolotina, on behalf of the Sierra Club Northern Alameda County Group

Item 27: Referral to City Manager: Amendments to Tobacco-Free Multi-Unit Housing Ordinance
2.  Carol Denney

Response to November 12, 2013 Communication
3.  Jay Kelekian, on behalf of the Rent Stabilization Board

Residential Parking Permit Zone E Request
4.  Jason & Jennifer Brand

Future of Berkeley Parks
5.  Nancy Carleton