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General Information
General Information


Regular Meeting eAgenda
October 1, 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.





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, 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.   Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter
From: City Manager|
Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation to accept $14,000 to support Berkeley Animal Care Services in its programs and services to homeless animals.
Financial Implications: Animal Shelter Fund - $14,000 (revenue)
Contact: William Rogers, City Manager’s Office, 981-7000

2.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on October 1, 2013
From: City Manager
Approve the request for proposals or invitation for bids 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 - $3,378,000
Contact: Robert Hicks, Finance, 981-7300

3.   Ground Lease: UACH, LP for 1450 University Avenue ("University Avenue Cooperative Housing")
From: City Manager
Adopt first reading of an Ordinance 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".
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

4.   Contract: Andes Construction, Inc. for Sanitary Sewer Rehabilitation Project on Woolsey Street
From: City Manager
Adopt a Resolution: 1. Approving the plans and specifications for the Sanitary Sewer Project, 13-10637-C-REBID, located on Woolsey Street; 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 $1,088,489.
Financial Implications: Sanitary Sewer Operation - $1,088,489
Contact: Andrew Clough, Public Works, 981-6300

5.   Annual Report on Gifts Received in Excess of $1,000 Aggregate Value
From: Board of Library Trustees
Adopt a Resolution accepting the Library's annual gift report.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6100

Council Consent Items

6.   Public Discussion, Gun Violence in Berkeley
From: Councilmembers Maio and Moore
Request that the City Council hold a public discussion, at either a regular or special session, on Gun Violence in the City of Berkeley and to plan the event with several council members, including the Mayor, along with key community leaders who have some knowledge of the gun culture and how it manifests in our city.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

7.   Closing the City of Berkeley's Domestic Partnership Registry and to Declare Marriage Equality Day
Revised materials
From: Councilmember Moore
Adopt a Resolution directing the City Manager to officially close the City of Berkeley’s Domestic Partnership Registry on October 11, 2013 in celebration of its twenty-second anniversary, and marriage equality in the State of California that has made the registry unnecessary.  October 11, 2013 shall also be declared Marriage Equality Day in the City of Berkeley.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

8.   Proclamation in Honor of Transgender Law Center and its 11th Annual Celebration “SPARK!”
From: Councilmember Worthington
Adopt a proclamation honoring Transgender Law Center and its 11th Annual Celebration “SPARK!”
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 – Old Business

9.   City Manager Referral: Inform the Public of Updates and Modifications to Council Agenda After the Completion of the Consent Calendar (Continued from September 10, 2013)
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 Calendar – New Business


10.  Tobacco Free Multi-Unit Housing: Amending Berkeley Municipal Code Chapter 12.70
From: City Manager
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.70 to make tobacco smoking, which exposes neighbors to secondhand smoke in all multi-unit residences in the City, subject to private right of action; to require that all new leases include a non-smoking clause; to require offering voluntary non-smoking lease addenda to all existing leases; and to permit any tenant who is involuntarily exposed to tobacco smoke to terminate his or her lease without penalty if the landlord fails to include or enforce the non-smoking clause.  Proposed ordinance revisions also include routine cleanup language to aid enforcement in workplaces and to clarify that smoking is banned in all commercial zones.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

11.  Section 106 Consultation: Berkeley Main Post Office, 2000 Allston Way
Supplemental materials
From: City Manager
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

Information Reports

12.  Alameda County Mandatory Recycling Ordinance and Cost Impacts and New Household Hazardous Waste Fees
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

Public Comment – Including Items Not Listed on the Agenda – 


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

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

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

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department


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 September 19, 2013.

Mark Numainville, 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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