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General Information
General Information


Regular Meeting eAgenda
January 22, 2013




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


  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.




Tuesday, January 22, 2013

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor


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, Acting 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.

Recess Item

1.   Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program)
From: City Manager
Ratifying the action taken by the City Manager during recess authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2013 for administering the Workers' Compensation Program, in an amount not to exceed $158,194, which is $19,895 greater than the original preliminary fee authorized by Council on November 13, 2012.
Financial Implications: Workers' Compensation Self-Insurance Fund - $19,895
Contact: David Abel, Human Resources, 981-6800

Consent Calendar

2.   Minutes for Approval
From: City Manager
Approve the minutes for the Council meetings of November 13, 2012 (special closed, special and regular), November 27, 2012 (special and regular), December 11, 2012 (special and regular) and December 18, 2012 (regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900

3.   Designate the Line of Succession for the Director of Emergency Services
From: City Manager
Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 65,510-N.S.
Financial Implications: None
Contact: Christine Daniel, City Manager, 981-7000

4.   Donation of Furniture for the Dona Spring Animal Shelter by Crate and Barrel
From: City Manager
Adopt a Resolution authorizing the City Manager to accept the donation of furniture for the Dona Spring Animal Shelter from Crate and Barrel.
Financial Implications: Furniture Donation - $24,000
Contact: William Rogers, City Manager’s Office, 981-7000

5.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on January 22, 2013
From: City Manager
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 - $2,177,488
Contact: Robert Hicks, Finance, 981-7300

6.   Change in Scope for Community Facility Improvement Project at Berkeley Food and Housing Project
From: City Manager
Adopt a Resolution authorizing the City Manager to execute a contract amendment based on a revised scope for a Community Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) funded community facility improvement project undertaken by the Berkeley Food and Housing Project.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

7.   Reclassify Mental Health Commissioner Dan Virkstis as a Berkeley Special Public Interest Commissioner
From: City Manager
Adopt a Resolution reclassifying Dan Virkstis as a Berkeley Special Public Interest member on the Mental Health Commission.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

8.   Police Retiree Health Premium Assistance Plan
From: City Manager
Adopt a Resolution authorizing the City Manager to execute and implement the Berkeley Police Retiree Health Premium Assistance Plan and Trust Agreement for represented sworn police employees who retire after September 19, 2012.  This action establishes the regulatory authority to enable the City to provide retiree health premium assistance as set forth in the Memorandum of Understanding (MOU) between the City and the Berkeley Police Association.
Financial Implications: None
Contact: David Abel, Human Resources, 981-6800

9.   License Agreement: Alameda County Community Food Bank
From: City Manager
Adopt a Resolution authorizing the City Manager to execute a license agreement with the Alameda County Community Food Bank for a five year term, starting January 2013, to use an area at the Berkeley Marina to distribute food to member agencies in Berkeley and the surrounding area.
Financial Implications: Marina Operations/Maint. Fund - $1 per year (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

Council Consent Items

10.  Support for a Moratorium on Fracking in California Until Adequate Regulatory Safeguards are in Place
From: Councilmember Wengraf
Adopt a Resolution calling for a moratorium on hydraulic fracturing in California until adequate regulatory safeguards are adopted and send to Governor Brown, Senator Loni Hancock, Assemblywoman Nancy Skinner and the California Department of Conservation.
Financial Implications: No General Fund impact
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

11.  Proclamation to Honor Shira Leeder as Ms. Wheelchair California
From: Councilmember Worthington
Adopt a proclamation to honor Shira Leeder as Ms. Wheelchair California.
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.

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.

12.  ZAB Appeal: 740 Heinz Avenue
Attachment 4 - Admin Record
From: City Manager
Adopt a Resolution to affirm the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 11-70000020 to modify Use Permit No. 09-10000104, to enlarge the building footprint to create a new entrance lobby at the southwest corner of the building, delete the 49-car basement parking garage, and demolish 100% of the existing building to allow the construction of a new 100,000 square foot lab building.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

13.  The Robin Hood Tax Campaign; Supports the Inclusive Prosperity Act (HR 6411) (Continued from December 11, 2012)
From: Councilmember Anderson
Recommendation: Adopt a Resolution endorsing the Robin Hood Tax Campaign; supports the Inclusive Prosperity Act (HR 6411) introduced by Rep. Keith Ellison (D-MN), which would impose a small tax of 50 cents on the trade of every $100 of stocks and a lesser tax on the trade of other financial instruments, and asks our Members of Congress, the US Senate and the President to support and help pass and sign into law the Prosperity Act (HR 6411).
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130

14.  Compassionate Sidewalks Plan (Continued from December 18, 2012)
From: Councilmember Arreguin
Recommendation: Direct the City Manager to convene a working group of representatives of City staff, the Homeless, Housing Advisory, Human Welfare & Community Action, and Police Review Commissions, the Police Department, and other stakeholders, including but not limited to business owners, homeless persons, service providers, students, and academic experts to develop a Compassionate Sidewalks Plan over a series of workshops.  The working group should focus but is not limited to the following topics: 1) The demographics and causes of homelessness 2) A survey of existing homeless services 3) An assessment of potential funding needs and sources 4) Existing laws and enforcement 5) Best Practices.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar – New Business

15.  Potential Locations for City Council Meetings - Alternate Locations with Larger Capacity
From: City Manager
Review the potential alternate locations to hold City Council meetings when additional capacity may be desired and provide direction to the Agenda Committee on preferred locations.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900

Council Action Items

16.  Budget Referral: Annual Grant for Sunday Streets Events
Revised materials
From: Councilmember Capitelli
Refer to the FY 2014 budget process an annual budget allocation of $59,098 to cover City-related services, materials, permits and fees for two Sunday Streets events in Berkeley: Approximately $44,224 would be for in-kind services and permit fees, and a $15,000 cash Grant to Livable Berkeley for city-required signage, materials & related labor.
Financial Implications: $59,098
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Information Reports

17.  Council Referral: Prohibit Contributions from Public Works Contractors and Parties to Land Use Applications
From: City Manager
Contact: Mark Numainville, Acting City Clerk, 981-6900

18.  Availability Study to Allow Affirmative Action in City Contracting
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

19.  Staff Response to Council Recommendations for Disaster Preparedness Projects
From: City Manager
Contact: Gil Dong, Fire, 981-3473

20.  Unrepresented Temporary Employees
From: City Manager
Contact: David Abel, Human Resources, 981-6800

21.  LPC-NOD: 2133 University Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

22.  Status Report: Leases Audit: Conflicting Directives Hinder Contract Oversight
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

23.  Status Report: Public Works Contract Monitoring: Risk of Overpayment/Lack of Inventory Controls
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

Public Comment – Including Items Not Listed on the Agenda – 

Adjournment in memory of:

·         Fran Packard, former Berkeley Community Leader

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

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

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

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department


2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903


Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us



This meeting is being held in a wheelchair accessible location.

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

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


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


I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 10, 2013.


Mark Numainville, Acting City Clerk


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.

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