Regular Meeting Annotated Agenda
October 15, 2013

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, October 15, 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: 7:01 p.m. Councilmember Moore absent.  Councilmember Arreguin absent.  Mayor Bates absent.  Councilmember Arreguin present at 7:06 p.m.  Mayor Bates present at 7:31 p.m.

Ceremonial Matters: 
1.     Chana Bloch Day
2.     Freedom from Workplace Bullying Week

Report from Close Session:
On October 8, the City Council approved a settlement agreement in Eslami v. City of Berkeley under which it will agree to a writ of mandate ordering it to hold a public hearing to reconsider its decision to declare 2133 Parker Street a public nuisance, and to consider adoption of a modified resolution.

City Manager Comments: 
1.     goBerkeley Parking Program Launch – October 15, 2013
2.     I-80 Pike/Ped Bridge and Bay Trail Opening, October 25 at 1:00pm
3.     Drug Take Back Program – October 26 10am – 2pm Oregon at Sacramento

Public Comment on Non-Agenda Matters: 3 speakers.

Public Comment on Consent Calendar and Information Items Only: 2 speakers.

Consent Calendar

Action: M/S/C (Worthington/Wozniak) to adopt the Consent Calendar in one motion except as indicated:
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Moore, Bates. 

1. Ground Lease: UACH, LP for 1450 University Avenue ("University Avenue Cooperative Housing")
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,310-N.S. authorizing the City Manager to execute a 67-year Ground Lease with UACH, LP, a California limited partnership ("UACH"), in which a wholly controlled affiliate of Resources for Community Development ("RCD") is the general partner, for the purpose of rehabilitating and operating 47 units of affordable family rental housing and one commercial space at 1450 University Avenue, commonly known as "University Avenue Cooperative Housing".
First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent – Anderson.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Moved to Action Calendar.  10 speakers.  M/S/C (Arreguin/Wozniak) to adopt the second reading of Ordinance No. 7,310-N.S.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore.  

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 3, 2013 (special closed), September 10, 2013 (regular), September 16, 2013 (special closed) and September 17, 2013 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Approved minutes as submitted.

3. Amendment to Berkeley Municipal Code Section 3.02.030 Regarding Appointments to the Design Review Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 3.02.030 clarifying the rules for granting a leave of absence to a member of the Design Review Commission that was appointed by another commission.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Adopted first reading of Ordinance No.7,311–N.S.  Second reading scheduled for October 29, 2013.

4. Analysis of United Student District Amendment Redistricting Plan
From: City Manager
Recommendation: Accept the analysis of the United Student District Amendment redistricting plan and direct staff to draft an ordinance for the plan that includes technical corrections as identified by City staff.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Approved recommendation.

5. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on October 15, 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: Special Gas Tax Improvement Fund - $880,617
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

6. Revenue Grant: California Family Health Council for Health Services, Education and Outreach Activities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Family Health Council (CFHC) in the amount of $155,014 for one calendar year, January 1, 2014 through December 31, 2014 to support clinical reproductive health services, as well as individual and community health education and outreach activities; and to execute the resultant revenue agreements, contracts, and any amendments and extensions.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,320–N.S.

7. License Agreements: Veterans Memorial Building Located at 1931 Center Street
From: City Manager
Recommendation: Adopt six Resolutions authorizing the City Manager to execute license agreements and any amendments thereto with the following organizations that provide services at the Veterans Memorial Building at 1931 Center Street:
1. Berkeley Food and Housing Project;
2. Berkeley Historical Society;
3. Berkeley Place;
4. Building Opportunities for Self-Sufficiency;
5. Dorothy Day House; and
6. Options Recovery Services.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,321–N.S. (BFHP); Resolution No. 66,322–N.S. (Historical Society); Resolution No. 66,323–N.S. (Berkeley Place); Resolution No.  66,324–N.S. (BOSS); Resolution No. 66,325–N.S. (Dorothy Day); and Resolution No. 66,326–N.S. (Options).

8. Contract No. 8150 Amendment: Quest Diagnostic Services to Perform Laboratory Tests Related to Clinical Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8150 with Quest Diagnostics to perform laboratory tests related to clinical public health services, increasing the not to exceed amount by $17,000 for a total not to exceed amount of $292,000 through December 31, 2013.
Financial Implications: Health (General) - $17,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,327–N.S.

9. Classification and Salary: Assistant Building and Safety Manager, and Building Plans Engineer
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary for Public Employees Union Local One, to establish the classifications of Assistant Building and Safety Manager with a monthly salary range of $8,828 to $10,838; and Building Plans Engineer with a monthly salary range of $7,777 to $9,548, effective October 16, 2013.
Financial Implications: Permit Service Center Fund - $21,154
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 66,328–N.S.

10. Contract No. 8216A Amendment: VeriPic, Inc. for Digital Evidence Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8216A with VeriPic, Inc., increasing the amount by $18,900, for a total amount not to exceed $93,749 from December 21, 2009 through June 30, 2016.
Financial Implications: General Fund - $18,900
Contact: Donna LaSala, Information Technology, 981-6500
Action: Adopted Resolution No. 66,329–N.S.

11. Contract No. 9461 Amendment: American Integrated Services, Inc. for Post-Fire Assessment and Site Stabilization at the Berkeley Tuolumne Camp
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9461 in an amount not to exceed $500,000 for a total not-to-exceed amount of $700,000 for post-fire site assessment and mitigation services at Berkeley Tuolumne Camp.
Financial Implications: Camps Fund - $500,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 66,330–N.S.

12. Contract No. 9423 Amendment: Freitas Landscape and Maintenance for Landscaping At Police Substation, 841 Folger Street
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9423 with Freitas Landscape and Maintenance, increasing the not to exceed amount to $24,000, from $7,375 for an increase of $16,625.
Financial Implications: Parking Meter Fund - $16,625
Contact: Michael Meehan, Police, 981-5900
Action: Adopted Resolution No. 66,331–N.S.

13. Contract: Precision Engineering, Inc. for Sanitary Sewer Rehabilitation Project on Santa Barbara Road, Northampton Avenue, Southampton Avenue, San Luis Road, Indian Rock Avenue, Oxford Street, San Diego Road, Laurel Lane, and Tunbridge Lane
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Sanitary Sewer Project, 13-10691-C, located on Santa Barbara Road, Northampton Avenue, Southampton Avenue, San Luis Road, Indian Rock Avenue, Oxford Street, San Diego Road, Laurel Lane, and Tunbridge Lane; and 2.  Accepting the bid of the lowest responsive and responsible bidder, Precision Engineering, 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 $1,664,717.
Financial Implications: Sanitary Sewer Operation - $1,664,717
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,332–N.S.

14. Contracts: On-Call Architectural, Electrical, Mechanical and Structural Design and Engineering Services for Capital Improvement Projects
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments, each for the period October 2, 2013 through October 2, 2016 with the following firms for on-call design and engineering services for architectural, structural, mechanical and electrical capital improvement projects:
1. ELS Architecture and Urban Design, for an amount not to exceed $300,000.
2. Noll & Tam Architects, for an amount not to exceed $300,000.
3. Interface Engineering, for an amount not to exceed $100,000.
4. Kitchell/CEM, Inc., for an amount not to exceed $100,000.
5. Ingraham DeJesse Associates, for an amount not to exceed $100,000.
Financial Implications: Various Funds TBD - $900,000
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,333–N.S. (ELS); Resolution No. 66,334–N.S. (Noll & Tam); Resolution No. 66,335–N.S. (Interface); Resolution No. 66,336–N.S. (Kitchell/CEM, Inc.); and Resolution No. 66,337–N.S. (Ingraham DeJesse).

15. Contract: Andes Construction, Inc. for Sanitary Sewer Manhole Rehabilitation FY 2014 Phase 1 Project
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Sanitary Sewer Project, 14-10777, located at various locations within the City; and 2.  Accepting the bid of the lowest responsive and responsible bidder, Andes Construction, 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 $244,826.
Financial Implications: Sanitary Sewer Operation - $244,826
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,338–N.S.

16. Contract No. 7961C Amendment: Kitchell CEM, Inc. for the Provision of Construction / Project Management and LEED Commissioning Agent Services
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7961C with Kitchell CEM, Inc. for the provision of construction / project management and LEED commissioning agent services for the branch library bond program, Measure FF, by increasing the expenditure authority by $50,000 to a revised contracted total amount not to exceed $1,523,580.
Financial Implications: 2010 Measure FF Branch Renovations - $50,000
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action: Adopted Resolution No. 66,339–N.S.

17. Contract No. 8159 Amendment: Harley Ellis Devereaux Architects for the Provision of Architectural and Engineering Services
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8159 with Harley Ellis Devereaux Corporation for the provision of architectural and engineering services for the West Branch Library project as part of the branch library bond program, Measure FF, by increasing the expenditure authority $50,000 to a revised total amount not to exceed $838,194.
Financial Implications: 2010 Measure FF Branch Renovations - $50,000
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action: Adopted Resolution No. 66,340–N.S.

18. Renewal of the Solano Avenue BID for Calendar Year 2014
From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the Annual Report and preliminary budget on proposed improvements in the District for calendar year 2014; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2014; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 19, 2013.
Financial Implications: See report
Contact: David Fogarty, Commission Secretary, 981-7530
Action: Adopted Resolution No. 66,341–N.S.

Council Consent Items

19. Third Annual Martin Luther King Jr. Celebration: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates and Councilmembers Anderson and Moore
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Bates to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 3rd Annual Martin Luther King Jr. celebration on January 20, 2014, 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 - $250
Contact: Tom Bates, Mayor, 981-7100
Action: Adopted Resolution No. 66,342–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Arreguin - $250; Councilmember Capitelli - $250; Councilmember Maio - $100.

20. Youth Engagement Advocacy Housing: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per Councilmember including $100 from Councilmember Maio to Youth Engagement Advocacy Housing (YEAH!) with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmember who would like to contribute. YEAH! held an event on September 28, 2013, to celebrate their work - with all proceeds benefitting YEAH!'s continuum of services for youth experiencing homelessness.
Financial Implications: Councilmember's Discretionary Fund - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Adopted Resolution No. 66,343–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Anderson - $100. 

21. Official City Sponsor of Walk with a Doc Berkeley
From: Councilmember Moore
Recommendation: Approve City sponsorship of Walk with a Doc Berkeley.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Approved recommendation.

22. Expedited Permit Processing for Targeted Retail Segments
From: Councilmember Arreguin
Recommendation: Refer to the City Manager and Planning Commission changes to the Zoning Ordinance to expedite the permitting process by lowering the level of discretion from a Use Permit/Public Hearing to an Administrative Use Permit in commercial districts throughout the city, for the following targeted retail segments: a) 442 Furniture and home furnishings; b) 443 Electronics; c) 448 Clothing and accessories; d) 451 Sporting goods and bookstores; e) 452 Department stores; f) 4511 Grocery stores; g) 8412 Museums and Art Galleries.  In addition, explore changes to the Zoning Ordinance to allow an AUP for these target retail segments to be appealed directly to Council, rather than ZAB and then Council.  In the event there is an appeal this will help insure rapid resolution.  Establish a square footage limit for an AUP for these target retail segments be capped at 15,000 square feet.  That covers most of the existing retail spaces in the Downtown and other commercial districts, however would require an UP on large projects that may have significant community impact.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Moved to Action Calendar.  Discussion held.  No action taken.  Item held over to October 29, 2013.

Action Calendar – Public Hearing

23. Approval of 2013 Mutual Aid MOU Compendium
Attachment 1 - Exhibit A
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving agreements, letters and understandings existing or revised as of May 15, 2013 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies and private security organizations in order to maintain the current level of police resources and emergency services in the City of Berkeley.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900  

Public Testimony: The Mayor opened the public hearing.  15 speakers.
M/S/C (Wengraf/Maio) to close the public hearing.
Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington; Abstain – None; Absent – Moore.

Action: M/S/C (Bates/Capitelli) to adopt Resolution No. 66,344–N.S. approving agreements, letters and understandings existing or revised as of May 15, 2013 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies and private security organizations, except the agreements with the Northern California Regional Intelligence Center and Urban Area Security Initiative.
Vote: Ayes – Maio, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain - Anderson, Worthington; Absent – Moore.

Action: M/S/C (Bates/Capitelli) to approve the agreements with the Northern California Regional Intelligence Center (NCRIC) and the Urban Area Security Initiative (UASI) included in the adopted Resolution No. 66,344–N.S. approving agreements, letters and understandings existing or revised as of May 15, 2013 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies and private security organizations, amended to  add Resolution 65,901-N.S. and the Minutes of the September 18, 2012 Council meeting to the Compendium, and revise the cover sheets for UASI and NCRIC to include a statement confirming that the Police Department operates in accord with the applicable General Orders.
Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Worthington; Abstain – Arreguin; Absent – Moore.

Recess 9:30 p.m. – 9:40 p.m.

Action Calendar - Old Business

24. Section 106 Consultation: Berkeley Main Post Office, 2000 Allston Way (Continued from October 1, 2013)
Revised Materials
From: City Manager
Recommendation: Send a letter to the State Historic Preservation Officer (SHPO) commenting on the proposed United States Post Office finding of “No Adverse Effect” under Section 106 of the National Historic Preservation Act (NHPA) including comments on the proposed preservation covenant.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: 12 speakers.  M/S/C (Arreguin/Capitelli) to adopt the staff recommendation with revisions to make technical corrections to the letter and clarify the language in section 5.e. of the letter regarding retaining public access to the entire building.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore.

25. Alameda County Mandatory Recycling Ordinance and Cost Impacts and New Household Hazardous Waste Fees (Continued from October 1, 2013)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: 0 speakers.  Discussion held.

Action: M/S/Failed (Bates/Maio) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: Ayes – Maio, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – None; Absent – Moore, Anderson, Arreguin.

Action: M/S/C (Maio/Wengraf) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – None; Absent – Moore, Anderson.

Councilmember Anderson absent 10:45 p.m. – 11:26 p.m.

26. Referral to City Manager: Changes to the Municipal Code Regarding Affordable Housing Requirement Implementation (Continued from September 10, 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
Action: M/S/C (Bates/Capitelli) to hold over Items 26, 27, and 28 to November 19, 2013.
Vote: Ayes – Maio, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore, Anderson.

27. Update on Monitoring Inclusionary Housing Rental Units (Continued from September 10, 2013)
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: See Item 26.  Item held over to November 19, 2013. 

Action Calendar - New Business

28. Housing Advisory Commission Recommendation Regarding Affordable Housing Impact Fee

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: Kristen Lee, Acting Commission Secretary, 981-5427

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

Action: See Item 26.  Item held over to November 19, 2013.   

29. Resolution of Intention to Establish an Elmwood Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution of Intention to Establish an Elmwood Business Improvement District (hereafter “the Elmwood BID” or “the District”) as authorized by the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code, para. 36500-36551), including setting a public hearing on possible establishment of the District for November 19, 2013.  Government Code, Section 54954.6 requires the Council to “conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed…new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact …the assessment.”  Accordingly, the Resolution also gives notice of a public meeting before the Council on November 12, 2013, regarding the proposed Elmwood BID and its assessment.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action: Moved to Consent Calendar.  Adopted Resolution No. 66,345–N.S.

Information Reports

30. Building Permit Fee Deferral: Strawberry Creek Lodge, 1320 Addison
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

31. Status Report: Activities of Public Library for Fiscal Year 2012-2013
From: Board of Library Trustees
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action: Received and filed.

32. Status Report on City Manager Evaluation
Revised Material
From: Councilmembers Maio, Capitelli, and Wengraf
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Moved to Action Calendar.  5 Speakers.

Action: M/S/C (Bates/Maio) to accept revised material from Councilmember Maio on Item 32.
Vote: Ayes – Maio, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore, Anderson.

Action: M/S/C (Bates/Maio) to accept the report establishing the evaluation process with the amendment that the process will be reviewed after the initial evaluation is completed.
Vote: Ayes – Maio, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – None; Absent – Moore, Anderson.

Public Comment – Including Items Not Listed on the Agenda – 1 speaker.

Adjournment

Adjourned in Memory of Muriel Paley

Action: M/S/C (Wozniak/Worthington) to adjourn the meeting.
Vote: Ayes – Maio, Arreguin, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Moore, Anderson, Capitelli, Wengraf.

Adjourned at 11:26 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.

Zoning Designation for Homeless Shelter
1.    John Caner, on behalf of the Downtown Berkeley Association

Mercury Dental Amalgam
2.    Anita Tibau

2500 Milvia Street
3.    Guy Guarige – referred to the City Manager by Councilmembers Wozniak and Worthington

40 Acres
4.    Carol Denney – referred to the City Manager by Councilmembers Wozniak and Maio

Turkish Republic Day
5.    Oner Bicakci, on behalf of the Turkish American Association of California

Collective Dispensary Issues
6.    Charles Pappas

Supplemental Communications and Reports 1

Item 23: Approval of 2013 Mutual Aid MOU Compendium
7.    Police Review Commission

Item 24: Section 106 Consultation: Berkeley Main Post Office, 2000 Allston Way
8.    Revised materials, submitted by Planning & Development

Supplemental Communications and Reports 2

Item 23: Approval of 2013 Mutual Aid MOU Compendium
9.    Jane Welford, on behalf of Berkeleyans Organizing for Liberty Defense
10. Diana Bohn, on behalf of the Coalition for a Safe Berkeley

Supplemental Communications and Reports 3

Item 24: Section 106 Consultation: Berkeley Main Post Office, 2000 Allston Way
11. Sally Nelson
12. Unknown

Item 26: Referral to City Manager: Changes to the Municipal Code Regarding Affordable Housing Requirement Implementation
13. Olempia Castillo

Item 32: Status Report on City Manager Evaluation
14. Revised materials, submitted by Councilmember Maio

Business Owner’s Concerns
15. M. Eid Abdallah

Berkeley Bay Trail Extension
16. Unknown