Regular Meeting Annotated Agenda
September 10, 2013

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ANNOTATED 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


 

Preliminary Matters

Roll Call: 7:00 p.m.  Councilmember Anderson absent.  Councilmember Anderson present at 7:05 p.m.

Ceremonial Matters: 
1. Pledge of Allegiance to the Flag
2. Childhood Cancer Awareness Month

Report from Closed Session: 
1. Fayyaz v. City of Berkeley Settlement for $334,500.

City Manager Comments:
1. The City Clerk Department now accepts Passport applications from 8:30am – 3:00pm Monday through Friday.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 3 speakers.

Consent Calendar

Action: M/S/C (Capitelli/Worthington) to accept supplemental material from City staff regarding Item 43.
Vote: All Ayes.

Action: M/S/C (Anderson/Moore) to adopt the Consent Calendar in one motion except as indicated:
Vote: All Ayes.

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
Action: Adopted Resolution No. 66,292–N.S.

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
Action: Adopted Resolution No. 66,293–N.S.

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
Action: Adopted Resolution No. 66,294–N.S.

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
Action: Adopted second reading of Ordinance No. 7,306–N.S.

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
Action: Adopted Resolution No. 66,295–N.S.

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
Action: Adopted Resolution No. 66,296–N.S. amended to move the July 15, 2013 meeting to July 8, 2013.

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
Action: Approved minutes as submitted.

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
Action: Adopted first reading of Ordinance No. 7,307–N.S.  Second reading scheduled for September 17, 2013.

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
Action: Approved recommendation.

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
Action: Approved recommendation.

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
Action: Adopted Resolution No. 66,297–N.S.

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
Action: Adopted Resolution No. 66,298–N.S.

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
Action: Adopted Resolution No. 66,299–N.S.

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
Action: Adopted Resolution No. 66,300–N.S.

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
Action: Adopted Resolution No. 66,301–N.S.

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
Action: Adopted Resolution No. 66,302–N.S.

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
Action: Adopted Resolution No. 66,303–N.S.

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
Action: Adopted first reading of Ordinance No. 7,308–N.S.  Second reading scheduled for September 17, 2013.

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
Action: Adopted Resolution No. 66,304–N.S.

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
Action: Adopted Resolution No. 66,305–N.S.

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
Action: Adopted Resolution No. 66,306–N.S.

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
Action: Adopted Resolution No. 66,307–N.S.

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
Action: Adopted Resolution No. 66,308–N.S. amended to add "and urges Governor Jerry Brown to sign the bill." at the end of the first Resolved clause, and add Governor Brown to the list of elected officials to receive the resolution in the second resolved clause.

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
Action: Adopted Resolution No. 66,309–N.S.

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
Action: Adopted Resolution No. 66,310–N.S. revised to include contributions from the following Councilmembers up to the amount listed: Councilmember Wengraf - $100; Councilmember Maio - $100; Councilmember Moore - $100; Councilmember Anderson - $200; Councilmember Capitelli - $100.

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
Action: Approved recommendation.  Councilmember Arreguin added as a co-sponsor.

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
Action: Approved recommendation.

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
Action: Approved recommendation.

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
Action: Moved to Action Calendar.  6 speakers.  Approved recommendation, revised as follows:
1. Revise item #2 in the recommendation to read, “Home grown crops that are sold or exchanged by individuals or small groups pertaining to crops that use genetically modified seeds.”
2. Add a request to review existing requirements for labeling for certified organic and country of origin.
3. Add a request to review access to produce by low income communities, and the cost impact of labeling.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak.

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
Action: Approved recommendation.

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
Action: Adopted proclamation amended to correct the miles ridden to 1,851.

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
Action: Approved recommendation.

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
Action: Item held over to September 17, 2013.

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
Action: Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak, Bates; Noes – None; Abstain – Capitelli, Wengraf.

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
Action: Approved recommendation revised to include a request that the City Manager develop a process for making proclamations available on the City website.

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
Action: Moved to Action Calendar. Councilmember Anderson added as a co-sponsor.  Approved recommendation revised to include an evaluation of health consequences to the users of e-cigarettes and the second hand effects, and if deemed necessary, to make a recommendation on potential restrictions on the sale and use of nicotine and non-nicotine e-cigarettes.  Added a referral of the item to the Medical Cannabis Commission.
Vote: All Ayes.

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
Action: Approved recommendation.

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
Action: Approved recommendation.

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
Action: Approved recommendation.

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
Action: Approved recommendation amended to include that the issue be referred to the Transportation Commission.

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: Moved to Action Calendar.  Approved recommendation revised to remove the requirement that the waiting list be posted to the City website.
Vote: All Ayes.

Action Calendar – Public Hearing

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

Public Testimony: The Mayor opened the public hearing.  0 speakers.
M/S/C (Wengraf/Wozniak) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Arreguin, Worthington.

Councilmemeber Arreguin absent 7:45 p.m. – 7:50 p.m.

Councilmember Worthington absent 7:45 p.m. – 7:56 p.m.

Action: M/S/C (Wozniak/Arreguin) to adopt first reading of Ordinance No. 7,309–N.S. 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.  Directed City staff to pursue the procurement of third-party software licenses that offer upload capability for Excel data and provide those licenses free of charge to campaign committees that are required to file electronically.  Second reading scheduled for September 17, 2013.
Vote: All Ayes.

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: See Item 42.a.

Action Calendar – Old Business

43. Referral to City Manager: Changes to Municipal Code Regarding Affordable Housing Requirement Implementation (Continued from July 16, 2013)
Supplemental Material
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: Item held over to October 15, 2013

Recess: 9:10 p.m. – 9:23 p.m.

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

Action: 25 speakers. M/S/C (Bates/Arreguin) to direct the City Manager to review for consistency with state and local requirements the proposed United Student District Amendment (USDA) redistricting plan and refer to the Agenda Committee to schedule a presentation of the analysis as well as 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.
Vote: Ayes – Maio, More, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – Wengraf.

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 Material
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
Action: M/S/C (Worthington/Maio) to accept supplemental materials from Councilmember Worthington on Item 45.b.
Vote: All Ayes.
Action: M/S/C (Bates/Capitelli) to request that the City Manager review the HERO program and potential agreements for commercial properties.
Vote: All Ayes.

Action: M/S/C (Bates/Worthington) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: All Ayes.

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
Action: 13 speakers. M/S/C (Worthington/Anderson) to approve the recommendation, revised to add a referral to the Homeless Commission, and to ensure that a resolution to the parking issue, a financial feasibility analysis for the project, and a doubling of the parking capacity are included in the analysis prior to the RFP.
Vote: All Ayes.

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
Action: M/S/C (Worthington/Arreguin) to accept supplemental materials from Councilmember Maio on Item 47.
Vote: All Ayes.
Action: 5 speakers.  M/S/C (Maio/Anderson) to send the revised letter submitted by Councilmember Maio to Governor Brown.
Vote: All Ayes.

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
Action: Item held over to October 1, 2013.

Information Reports

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

50. City-owned Retail Space at Telegraph Channing Mall
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
Action: Moved to Action Calendar and held over to September 17, 2013.

51. Update on Monitoring Inclusionary Housing Rental Units
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Item held over to October 15, 2013.

52. Update on the Status of Electric Vehicle Infrastructure in Berkeley
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Moved to Action Calendar and held over to September 17, 2013.

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

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

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
Action: Moved to Consent Calendar and direct the City Manager to provide information regarding adding mold and mildew enforcement to the City Housing Code or the Building Code.

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

Public Comment – Including Items Not Listed on the Agenda – 7 speakers.

Adjournment

Adjourned in Memory of:
1.    Michael Winter, Disability Rights Advocate
2.    Roy Nakadegawa, former BART Director
3.    Karen Meyer, Local Activist
4.    Alex Nicoloff

Adjourned at 11:15 p.m.

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 – referred to City Manager by Councilmember Wengraf

Pest Management Study
7.    Jane & Tom Kelly

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

Berkeley Activism
10. Zelda Bronstein

Supplemental Communications and Reports 1

-None

Supplemental Communications and Reports 2

Item 29: Genetically Modified Organism Labeling
11. Timothy James, on behalf of the California Grocers Association

Item 46: RFP for Development of Berkeley Way Parking Lot
12. John Paluska
13. Robert Gaustad
14. Craig Larsen

Item 44b: United Student District Amendment Redistricting Plan
15. Cal Berkeley Democrats

Item 52: Update on the Status of Electric Vehicle Infrastructure in Berkeley
16. Felix Kramer
17. Alan Gould
18. David Glaser

Supplemental Communications and Reports 3

Item 42b: Implementation of Proposed Electronic Filing Amendments to the Berkeley Election Reform Act
19. Presentation, submitted by City Clerk Department

Item 43: Referral to City Manager: Changes to Municipal Code Regarding Affordable Housing Requirement Implementation
20. Supplemental materials, submitted by Health, Housing & Community Services

Item 44b: United Student District Amendment Redistricting Plan
21. Andy Kelley, on behalf of East Bay Young Democrats
22. Jesse Arreguin, District 4

Item 45b: HERO Property Assessed Clean Energy Program
23. Revised materials, submitted by Councilmember Worthington

Item 47: Open Letter to Governor Jerry Brown to Stop the Torture in California Prisons
24. Linda Maio, District 1
25. Unknown

Tarea Hall Pittman
26. Unknown

Rent Statistics
27. Unknown

Revolution Books
28. Uknown

Eids TV
29. M. Eid Abdallah

Building Suggestions
30. Avram Gur Arye