Office of the City Manager CONSENT CALENDAR January 22, 2013

Office of the City Manager CONSENT CALENDAR January 22, 2013 To: From: Honorable Mayor and Members of the City Council Christine Daniel, City Manager Submitted by: Mark Numainville, Acting City Clerk Subject: Minutes for Approval RECOMMENDATION 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). CONTACT PERSON Mark Numainville, Acting City Clerk, 981-6900 Attachments: 1. November 13, 2012 Special Closed City Council Meeting 2. November 13, 2012 Special City Council Meeting 3. November 13, 2012 Regular City Council Meeting 4. November 27, 2012 Special City Council Meeting 5. November 27, 2012 Regular City Council Meeting 6. December 11, 2012 Special City Council Meeting 7. December 11, 2012 Regular City Council Meeting 8. December 18, 2012 Regular City Council Meeting 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: manager@cityofberkeley.info Website: http://www.cityofberkeley.info/manager

Attachment 1 MINUTES BERKELEY CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 13, 2012 5:00 P.M. Council Chambers 2134 Martin Luther King Jr. Way Preliminary Matters Roll Call: Present: Absent: 5:07 p.m. Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates. None. Public Comment 0 speakers. CLOSED SESSION: The City Council convened in closed session to meet concerning the following: 1. CONFERENCE WITH LABOR NEGOTIATOR; GOVERNMENT CODE SECTION 54957.6: Negotiators: Christine Daniel, City Manager, Margarita Zamora, Senior Human Resources Analyst, Sarah Reynoso, Assistant City Attorney. Employee Organizations: IBEW Local 1245. Action: No reportable action. OPEN SESSION: Public Reports of actions taken pursuant to Government Code section 54957.1. Adjourned at 5:23 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special closed meeting of November 13, 2012. Mark Numainville, CMC, Acting City Clerk Tuesday, November 13, 2012 MINUTES Page 1

Attachment 2 MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 5:30 P.M. Council Chambers 2134 Martin Luther King Jr. Way TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK Preliminary Matters Roll Call: Present: Absent: 5:33 p.m. Councilmembers Anderson, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates. Councilmember Arreguin. Councilmember Arreguin present at 5:45 p.m. Public Comment 1 speaker. Worksession: 1. Climate Action Plan Update Contact: Eric Angstadt, Planning and Development, 981-7400 Action: Presentation made and discussion held. Adjournment Action: M/S/C (Capitelli/Worthington) to adjourn the meeting. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Wengraf Councilmember Wengraf absent 6:51 p.m. 7:02 p.m. Adjourned at 7:02 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of November 13, 2012 as approved by the Berkeley City Council. Mark Numainville, CMC, Acting City Clerk Tuesday, November 13, 2012 MINUTES Page 1

Communications None Supplemental Communications and Reports 1 None Supplemental Communications and Reports 2 None Supplemental Communications and Reports 3 Item 1: Climate Action Plan Update Presentation, submitted by Planning & Development (see agenda item) Tuesday, November 13, 2012 MINUTES Page 2

Attachment 3 MINUTES BERKELEY CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2012 7:00 P.M. COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK Preliminary Matters Roll Call: Present: Absent: 7:14 p.m. Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates. None. Ceremonial Matters: 1. Charlie Bowen, Berkeley Path Wanderers City Manager Comments: 1. Civic Center Art Display Reception, Monday, November 19 at 3pm Public Comment on Non-Agenda Matters: 4 speakers. Public Comment on Consent Calendar and Information Items Only: 0 speakers. Consent Calendar Action: M/S/C (Wozniak/Arreguin) to adopt Consent Calendar in one motion except as indicated. Vote: All Ayes. 1. Amendment: FY 2013 Annual Appropriations Ordinance Recommendation: Adopt second reading of Ordinance No. 7,261 N.S. amending the FY 2013 Annual Appropriations Ordinance No. 7,254-N.S. for fiscal year 2013 based upon recommended re-appropriation of committed FY 2012 funding and other adjustments authorized since July 1, 2012, in the amount of $59,102,317 (gross) and $52,866,832 (net). First Reading Vote: All ayes Financial Implications: See report Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 Action: Adopted second reading of Ordinance No. 7,261 N.S.

Consent Calendar 2. Lease of City Van to 100 Black Men of the Bay Area Community School Recommendation: Adopt second reading of Ordinance No. 7,262 N.S. authorizing the City Manager to lease a surplus City vehicle to 100 Black Men of the Bay Area Community School for official school purposes, including the transport of students to the Oakland campus. First Reading Vote: All ayes Financial Implications: See report Contact: William Rogers, City Manager s Office, 981-7000 Action: Adopted second reading of Ordinance No. 7,262 N.S. 3. Supplementary Retirement and Income Plan I, II, and III; Amending BMC Chapters 4.36, 4.38 and 4.39 Recommendation: Adopt the second reading of three separate Ordinances: 1. Ordinance No. 7,263 N.S. amending Berkeley Municipal Code (BMC) Chapter 4.36, Supplementary Retirement and Income Plan I (SRIP I) by repealing and reenacting Sections 601 (Method of distribution), 604 (Payment of small benefits) and adding Section 605 (Rollover); and 2. Ordinance No. 7,264 N.S. amending Berkeley Municipal Code (BMC) Chapter 4.38, Supplementary Retirement and Income Plan II (SRIP II) by repealing and reenacting Sections 106 (Employee), 107 (Employer), 108 (Fiduciary), 601 (Method of distribution), 604 (Payment of small benefits), 801 (General purpose), 803 (Limitation upon the right to amend); adding Section 605 (Rollover) and Section 606 (Purchase of Permissive Service Credit); and 3. Ordinance No. 7,265 N.S. amending Berkeley Municipal Code (BMC) Chapter 4.39, Supplementary Retirement and Income Plan III (SRIP III) by repealing and reenacting Sections 604 (Payment of small benefits); adding Section 605 (Rollover) and Section 606 (Purchase of Permissive Service Credit). The amendments to these Ordinances are intended to bring SRIP I, SRIP II, and SRIP III into compliance with technical changes to the Internal Revenue Code and other Federal laws, rules, and regulations. First Reading Vote: All ayes Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted second reading of Ordinance No. 7,263 N.S., Ordinance No. 7,264 N.S., Ordinance No. 7,265 N.S. 4. Sewer Easement Deed Agreement at 459/465 Boynton Avenue From: Public Works Recommendation: Adopt second reading of Ordinance No. 7,267 N.S. authorizing the City Manager to accept an Easement Deed Agreement for relocation of sewer pipe facilities with Ms. Susan Beauchamp and Mr. Robin Beauchamp of 459/465 Boynton Avenue, Berkeley. First Reading Vote: All ayes Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted second reading of Ordinance No. 7,267 N.S. Tuesday, November 13, 2012 MINUTES Page 2

Consent Calendar 5. Sewer Easement Deed Agreement at 2705 Walker Street Recommendation: Adopt second reading of Ordinance No. 7,268 N.S. authorizing the City Manager to accept an Easement Deed Agreement for relocation of sewer pipe facilities with Ms. Maudelle Shirek of 2705 Walker Street, Berkeley. First Reading Vote: All ayes Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted second reading of Ordinance No. 7,268 N.S. 6. Settlement: Kielich v. City of Berkeley Recommendation: Adopt a Resolution approving the settlement of the Claim Number GHB 12856IH entitled Kielich v. City of Berkeley, in the amount of $25,000. Financial Implications: Public Liability Fund - $25,000 Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted Resolution No. 65,931 N.S. 7. Amending BMC Chapter 7.36; Transient Occupancy Tax Ordinance Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.36, the Transient Occupancy Tax (TOT) Ordinance, to allow hotel/motel assessees to pass through the cost of Berkeley Tourism Business Improvement District (BTBID) assessments to their guests without it being subject to TOT. Financial Implications: See report Contact: Michael Caplan, Office of Economic Development, 981-7530 Action: Adopted first reading of Ordinance No. 7,269 N.S. Second reading scheduled for November 27, 2012. 8. Formal Bid Solicitation and Requests for Proposals Scheduled For Possible Issuance After Council Approval on November 13, 2012 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 - $656,961 Contact: Robert Hicks, Finance, 981-7300 Action: Approved recommendation. 9. Contract: Bananas for Childcare Subsidies Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Bananas for an amount not to exceed $202,765 for childcare subsidies for low-income Berkeley families from December 1, 2012 through June 30, 2013. Financial Implications: General Fund - $202,765 (re-allocation) Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,932 N.S. Tuesday, November 13, 2012 MINUTES Page 3

Consent Calendar 10. Donation: Berkeley Meals on Wheels Program from the North Berkeley Senior Center Advisory Council Recommendation: Adopt a Resolution accepting a $65,908 donation to the Berkeley Meals on Wheels program from the North Berkeley Senior Center Advisory Council. Financial Implications: Fund Raising Activities - $64,908 Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,933 N.S. 11. Grant: Berkeley High School Development Group Substance Use Prevention and Consultancy Contract Recommendation: Adopt a Resolution authorizing the City Manager to: 1. Accept grant funds from the Berkeley High School Development Group in the amount of $7,150 for the 2012-2013 academic school year to ensure the provision of alcohol and substance use prevention activities and provide related services; 2. Enter into a personal services expenditure contract with Ralph Cantor, consultant, as a single source vendor, in the amount of $6,800; and 3. Accept the grant, and execute any resultant revenue and expenditure agreements and amendments. Financial Implications: One-Time Grant; Special Revenue - $7,150 Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,934 N.S. 12. Revenue Grant: U.S. Food and Drug Administration for Local Retail Food Safety Program Plan Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a five year revenue grant award from the U.S. Food and Drug Administration (FDA) in the total amount of $350,000, beginning in FY 2013 through FY 2017, for developing and implementing a local Retail Food Safety Program Plan and executing any resultant revenue agreements and amendments. Financial Implications: $350,000 (grant) Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,935 N.S. 13. Fee Assessment for Fiscal Year 2013 - State of California Self-Insurance Fund (Workers Compensation Program) Recommendation: Adopt a Resolution 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 $138,299. Financial Implications: Workers' Compensation Self-Insurance Fund - $138,299 Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 65,936 N.S. Tuesday, November 13, 2012 MINUTES Page 4

Consent Calendar 14. Health Plan Rate Changes Recommendation: Adopt two Resolutions: 1. Approving rate changes for the Kaiser Foundation Health Maintenance Organization (HMO) health plans as follows: 2.97% increase for Active Employees; 11.15% increase for Pre-Medicare Eligible Retirees; (-0.12)% decrease for Senior Advantage (Medicare Supplement) Retirees; and 2. Approving rate increases for the Health Net health plans as follows: 7.5% for HMO plan Active Employees; 7.5% for Point of Service (POS) plan Active Employees; 7.5% for Pre-Medicare HMO plan Eligible Retirees; 7.5% for Pre- Medicare POS plan Eligible Retirees; 0.0% for Seniority Plus (Medicare Supplement) Retirees; 9.85% for Health Net POS Post-65 Retirees. The health plan premium rates will be effective for the period of January 1, 2013 through December 31, 2013. Financial Implications: Payroll Deduction Trust Fund - $16,542,000 Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 65,937 N.S. (Kaiser); and Resolution No. 65,938 N.S. (Health Net) 15. Lease Agreement: The Framer's Outlet at 2435 Channing Way Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with The Framer's Outlet, for an initial term starting February 1, 2013 through January 31, 2018, with an option to extend for an additional 5 years, for the purpose of operating a ready-made frame outlet at 2435 Channing Way in the Telegraph Channing Garage Shops. Financial Implications: See report Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted first reading of Ordinance No. 7,270 N.S. Second reading scheduled for November 27, 2012. Council Consent Items 16. Second Annual Martin Luther King Jr. Celebration January 21, 2013: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Mayor Bates, 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 2 nd Annual Martin Luther King Jr. Celebration, 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, 981-7100; Max Anderson, Councilmember, District 3, 981-7130; Darryl Moore, Councilmember, District 2, 981-7120 Action: Adopted Resolution No. 65,939 N.S. Amended to include contributions from following Councilmembers up to the amount listed: Councilmember Maio - $250, Councilmember Arreguin - $250, Councilmember Wengraf - $250. Tuesday, November 13, 2012 MINUTES Page 5

Council Consent Items 17. Youth Spirit Artworks Request for Additional Funding to Get and Keep Homeless Youth Off Berkeley Streets From: Councilmembers Anderson and Worthington Recommendation: Consider Youth Spirit Artworks request for $50,000 leveraging existing homeless youth services to get and keep homeless youth off Berkeley Streets through art jobs combined with referrals to services and shelter. Financial Implications: Potentially $50,000 Contact: Max Anderson, Councilmember, District 3, 981-7130 Action: Moved to Action Calendar. 7 speakers. M/S/C (Bates/Anderson) to hold the item over to November 27, 2012 and request staff analysis. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None. 18. Alta Bates Summit Medical Center s Tax Exempt Status and Charity Care in the City of Berkeley From: Councilmembers Arreguín, Anderson and Moore Recommendation: Adopt a Resolution: 1. Requesting that the State Board of Equalization and the Alameda County Tax Assessor investigate the continued tax exempt status of Alta Bates Summit Medical Center and 2. Requiring annual reporting of charity care by nonprofit hospitals to the City of Berkeley. Financial Implications: Unknown Contact: Jesse Arreguín, Councilmember, District 4, 981-7140 Action: Moved to Action Calendar. 6 speakers. M/S/C (Wozniak/Capitelli) to refer the item to the Community Health Commission for review and report back, and refer to the Agenda Committee to schedule a presentation by Alta Bates Sutter at a City Council Work Session. Also request that the Community Health Commission make a recommendation about an annual report. Vote: Ayes Maio, Capitelli, Wengraf, Wozniak, Bates; Noes Worthington; Abstain Moore, Anderson, Arreguin. Recess: 9:07 p.m. 9:17 p.m. 19. MACHIK: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Worthington Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Worthington, to support ACHA-Tibetan Sisterhood, c/o MACHIK, with funds relinquished to the City s general fund for this purpose that the City of Berkeley provide fiscal sponsorship for the organization s initial two years from Councilmember Worthington s discretionary Council Office Budget and any other Councilmembers who would like to contribute. Financial Implications: Councilmember s Discretionary Fund - $500 Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Adopted Resolution No. 65,940 N.S. Amended to include a contribution from Councilmember Anderson up to the amount of $200. Tuesday, November 13, 2012 MINUTES Page 6

Council Consent Items Vote: Ayes Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes None; Abstain Capitelli, Wengraf, Wozniak 20. Supporting Oakland s Lawsuit to Stop Seizure of Property of Oakland Medical Marijuana Dispensary From: Councilmember Worthington Recommendation: Adopt a Resolution supporting Oakland s lawsuit and offer legal support, including but not limited to coordinating with the City of Oakland the possibility of filing an amicus brief and providing other legal assistance to the Oakland City Attorney challenging the US Attorney s attacks on regulated medical marijuana facilities. Financial Implications: Unknown Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Moved to Action Calendar. 9 speakers. M/S/C (Maio/Moore) to send a letter indicating the City s support of the Oakland lawsuit to the U.S. Attorney and the Oakland City Attorney; request staff to monitor the lawsuit, to advise and consult with the Council on when, and if, to file an amicus brief as well as additional action the City might take as the suit proceeds. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Wengraf. Councilmember Wengraf absent 10:47 p.m. 10:55 p.m. 21. UCLA s National Dream University From: Councilmember Worthington Recommendation: Adopt a Resolution supporting a petition to be sent to UCLA President Robert Block and UC President Mark Yudof to reauthorize the National Dream University (NDU). Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Moved to Action Calendar. 0 speakers. M/S/C (Maio/Worthington) to adopt Resolution No. 65,941 N.S. as amended, and deleting language regarding supporting a petition. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Wengraf. Action Calendar Public Hearing 22. Perfect Plants Patient Group 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance under BMC Chapter 23B.64 Recommendation: 1. Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030 and, upon conclusion, direct staff to return with a Resolution on November 27, 2012 determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC Section 23A.12.010 and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and Tuesday, November 13, 2012 MINUTES Page 7

Action Calendar Public Hearing 2. Continue the Council s consideration to November 27, 2012 for adoption of the Resolution. Contact: Gregory Daniel, Code Enforcement, 981-2492 Public Testimony: The Mayor opened the public hearing. 21 speakers. M/S/C (Maio/Moore) to close the public hearing. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None. Action: M/S/C (Moore/Bates) to call the previous question. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None. Action: M/S/C (Moore/Wozniak) to approve the following: 1. The City Manager s recommendation to direct staff to return with a Resolution on November 27, 2012 determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23E.16.070 Medical Cannabis Uses; 3) BMC Section 23A.12.010 and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and 2. Continue the Council s consideration to November 27, 2012 for adoption of the Resolution. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None. Action Calendar New Business 23. a. Consolidating the Parks and Recreation Commission and the Waterfront Commission into a New Parks and Waterfront Commission; Repealing and Reenacting BMC Chapter 3.26 and Repealing Chapter 3.36 Recommendation: Adopt first reading of an Ordinance repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks and Waterfront Commission and repealing Berkeley Municipal Code Chapter 3.36, effective July 1, 2013. Financial Implications: See report Contact: William Rogers, City Manager s Office, 981-7000 b. Consolidating the Parks and Recreation Commission and the Commission on Early Childhood Education into a new Recreation and Youth Services Commission; Adding BMC Chapter 3.27 Recommendation: 1. Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 3.27 to create the Recreation and Youth Services Commission. 2. Adopt a Resolution rescinding Resolution No. 60,342-N.S. creating the Commission on Early Childhood Education, effective December 31, 2012. Financial Implications: See report Contact: William Rogers, City Manager s Office, 981-7000 Tuesday, November 13, 2012 MINUTES Page 8

Action Calendar New Business c. Extension of the Term of the Waterfront Commission - Amending Berkeley Municipal Code Section 3.36.070 Recommendation: Adopt first reading of an Ordinance amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to July 1, 2013. Financial Implications: See report Contact: Mark Numainville, Acting City Clerk, 981-6900 Action: Moved to Consent Calendar. Adopted the following: a. First reading of Ordinance No. 7,271 N.S. repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks and Waterfront Commission and repealing Berkeley Municipal Code Chapter 3.36, effective July 1, 2013. b. 1. First reading of Ordinance No. 7,272 N.S. adding Berkeley Municipal Code Chapter 3.27, as amended, to create the Children, Youth, and Recreation Commission. Second reading scheduled for November 27, 2012; and 2. Resolution No. 65,942 N.S. rescinding Resolution No. 60,342 N.S. creating the Commission on Early Childhood Education, effective December 31, 2012. c. First reading of Ordinance No. 7,273 N.S. amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to July 1, 2013. Second reading scheduled for November 27, 2012. 24. Community Choice Aggregation From: Energy Commission Recommendation: Send two letters to the East Bay Municipal Utility District (EBMUD) Board of Directors: 1) presenting the City s recommended basic principles regarding an East Bay community choice aggregation (CCA); and 2) identifying questions and issues that EBMUD should consider in its analysis of CCA. Financial Implications: See report Contact: Neal De Snoo, Commission Secretary, 981-7439 Action: 1 speaker. M/S/C (Worthington/Bates) to approve the Energy Commission s recommendation to send two letters, as amended, to the East Bay Municipal Utility District. (EBMUD) Board of Directors: 1) presenting the City s recommended basic principles regarding an East Bay community choice aggregation (CCA); and 2) identifying questions and issues that EBMUD should consider in its analysis of CCA. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None.. Information Reports 25. Managing Citywide Environmental and Sustainability Programs, Policies and Projects Contact: William Rogers, City Manager s Office, 981-7000 Action: Received and filed. Tuesday, November 13, 2012 MINUTES Page 9

Information Reports 26. Report on Employee Safety and Workers' Compensation Contact: David Hodgkins, Human Resources, 981-6800 Action: Received and filed. Referred to Agenda Committee by Councilmember Wozniak to schedule a worksession. 27. LPC NOD: 1770 La Loma Avenue Contact: Eric Angstadt, Planning and Development, 981-7400 Action: Received and filed. 28. Solid Waste Management: Accomplishments & Operational Improvements Contact: Andrew Clough, Public Works, 981-6300 Action: Received and filed. 29. Public Art Plan for FY 2013 From: Civic Arts Commission Contact: Mary Ann Merker, Commission Secretary, 981-7533 Action: Received and filed. Public Comment Including Items Not Listed on the Agenda Adjournment Action: M/S/C (Moore/Arreguin) to adjourn the meeting. Vote: Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Wengraf. Adjourned at 10:55 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of November 13, 2012 as approved by the Berkeley City Council. Mark Numainville, CMC, Acting City Clerk Communications Item 22: Perfect Plants Patient Group 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance 1. Barbara Lewis 2. Christopher Allen 3. Elizabeth Shafer 4. Zachary Stauffer Tuesday, November 13, 2012 MINUTES Page 10

Communications 5. Ryan Kerian, on behalf of the Sacramento Street Improvement Association 6. 65 Form Letters (on file in the City Clerk Department) Live Oak Theater RFP 7. Michael Katz Sikh Temple Matter 8. Sukh Sekhon Secondhand Merchandise Sales 9. Stephanie Pope, on behalf of TVI, Inc. dba Savers Referred to City Manager by Councilmember Worthington BUSD Superintendent Search Process 10. Carol McGruder School Programming for the Deaf/Hard of Hearing 11. Melissa Lopez Referred to City Manager by Councilmember Wengraf Mountain Lions 12. Tom Schrag Supplemental Communications and Reports 1 Item 20: Supporting Oakland s Lawsuit to Stop Seizure of Property of Oakland Medical Marijuana Dispensary 13. Medical Cannabis Commission Item 22: Perfect Plants Patient Group 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance under BMC Chapter 23B.64 14. 40 Form Letters (on file in the City Clerk Department) Item 24: Community Choice Aggregation 15. Berkeley Climate Action Coalition Supplemental Communications and Reports 2 Item 17: Youth Spirit Artworks Request for Additional Funding to Get and Keep Homeless Youth Off Berkeley Streets 16. Sally Hindman Item 22: Perfect Plants Patient Group 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance under BMC Chapter 23B.64 17. Zachary Stauffer 18. John Holland 19. Chris Smith 20. Form letters submitted by Will Chang, Dusty Reagin, Chris Horgan and David Galea Supplemental Communications and Reports 3 Item 18: Alta Bates Summit Medical Center s Tax Exempt Status and Charity Care in the City of Berkeley 21. Chuck Prosper (Additional bound materials available for viewing in the City Clerk s Office) Tuesday, November 13, 2012 MINUTES Page 11

Supplemental Communications and Reports 3 Item 22: Perfect Plants Patient Group 2840-B Sacramento Street - Public Hearing and Determination Regarding a Public Nuisance under BMC Chapter 23B.64 22. Chris Smith 23. Simone LaCoss 24. Ludovic Breger (2) Eviction Petition 1820 San Pablo 25. Unknown Berkeley s Pathways 26. Unknown (Oversized map available for viewing in the City Clerk s Office) Tuesday, November 13, 2012 MINUTES Page 12

Attachment 4 MINUTES SPECIAL MEETING OF THE BERKELEY CITY COUNCIL TUESDAY, NOVEMBER 27, 2012 5:30 P.M. Council Chambers 2134 Martin Luther King Jr. Way TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK Preliminary Matters Roll Call: Present: Absent: 5:34 p.m. Councilmembers Capitelli, Wengraf, Worthington, Wozniak and Mayor Bates. Councilmembers Anderson, Arreguin, Maio and Moore. Councilmember Moore present at 5:35 p.m. Councilmember Arreguin present at 5:42 p.m. Councilmember Maio present at 6:14 p.m. Public Comment Items on this agenda only: 7 speakers. Worksession: 1. Telegraph Avenue Options and Opportunities Contact: Eric Angstadt, Planning and Development, 981-7400 Michael Caplan, City Manager s Office, 981-7000 Action: Presentation made and discussion held. Adjournment Action: M/S/C (Moore/Maio) to adjourn the meeting. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. Adjourned at 7:16 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of November 27, 2012 as approved by the Berkeley City Council. Mark Numainville, CMC, Acting City Clerk Tuesday, November 27, 2012 MINUTES Page 1

Communications None Supplemental Communications and Reports 1 None Supplemental Communications and Reports 2 None Supplemental Communications and Reports 3 Item 1: Telegraph Avenue Options and Opportunities Presentations, submitted by Planning & Development (see agenda item) 1. Craig Becker 2. Unknown Tuesday, November 27, 2012 MINUTES Page 2

Attachment 5 MINUTES BERKELEY CITY COUNCIL MEETING TUESDAY, NOVEMBER 27, 2012 7:00 P.M. COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK Preliminary Matters Roll Call: Present: Absent: 7:29 p.m. Councilmembers Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates. Councilmember Anderson. Ceremonial Matters: 1. Kris Welch Day November 28, 2012 2. Jewish Family and Children Services of the East Bay 135 th Anniversary City Manager Comments: None. Public Comment on Non-Agenda Matters: 2 speakers. Public Comment on Consent Calendar and Information Items Only: 0 speakers. Consent Calendar Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated: Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. 1. Amending BMC Chapter 7.36; Transient Occupancy Tax Ordinance Recommendation: Adopt second reading of Ordinance No. 7,269-N.S. amending Berkeley Municipal Code Chapter 7.36, the Transient Occupancy Tax (TOT) Ordinance, to allow hotel/motel assessees to pass through the cost of Berkeley Tourism Business Improvement District (BTBID) assessments to their guests without it being subject to TOT. First Reading Vote: All ayes Financial Implications: See report Contact: Michael Caplan, Office of Economic Development, 981-7530 Action: Adopted second reading of Ordinance No. 7,269 N.S.; Anderson absent. Tuesday, November 27, 2012 ANNOTATED AGENDA Page 1

Consent Calendar 2. Lease Agreement: The Framer's Outlet at 2435 Channing Way Recommendation: Adopt second reading of Ordinance No. 7,270-N.S. authorizing the City Manager to execute a lease agreement with The Framer's Outlet, for an initial term starting February 1, 2013 through January 31, 2018, with an option to extend for an additional 5 years, for the purpose of operating a ready-made frame outlet at 2435 Channing Way in the Telegraph Channing Garage Shops. First Reading Vote: All ayes Financial Implications: See report Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted second reading of Ordinance No. 7,270 N.S.; Anderson absent. 3. Consolidating the Parks and Recreation Commission and the Waterfront Commission into a New Parks and Waterfront Commission; Repealing and Reenacting BMC Chapter 3.26 and Repealing Chapter 3.36 Recommendation: Adopt second reading of Ordinance No. 7,271-N.S. repealing and reenacting Berkeley Municipal Code Chapter 3.26 to create the Parks and Waterfront Commission and repealing Berkeley Municipal Code Chapter 3.36, effective July 1, 2013. First Reading Vote: All ayes Financial Implications: See report Contact: William Rogers, City Manager s Office, 981-7000 Action: Adopted second reading of Ordinance No. 7,271 N.S.; Anderson absent. 4. Consolidating the Parks and Recreation Commission and the Commission on Early Childhood Education into a new Children, Youth, and Recreation Commission; Adding BMC Chapter 3.27 Recommendation: Adopt second reading of Ordinance No. 7,272-N.S. adding Berkeley Municipal Code Chapter 3.27 to create the Children, Youth, and Recreation Commission. First Reading Vote: All ayes Financial Implications: See report Contact: William Rogers, City Manager s Office, 981-7000 Action: Adopted second reading of Ordinance No. 7,272 N.S.; Anderson absent. 5. Extension of the Term of the Waterfront Commission - Amending Berkeley Municipal Code Section 3.36.070 Recommendation: Adopt second reading of Ordinance No. 7,273-N.S. amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to July 1, 2013. First Reading Vote: All ayes Financial Implications: See report Contact: Mark Numainville, Acting City Clerk, 981-6900 Action: Adopted second reading of Ordinance No. 7,273 N.S.; Anderson absent. Tuesday, November 27, 2012 MINUTES Page 2

Consent Calendar 6. Enacting BMC Chapter 13.79, Automatically Renewing Leases Recommendation: Adopt first reading of an Ordinance enacting Berkeley Municipal Code Chapter 13.79 Automatically Renewing Leases Ordinance. Financial Implications: Unknown Contact: Zach Cowan, City Attorney, 981-6950 Action: Item held over to the first meeting in January (January 22, 2013). 7. Revised Records Retention Schedule Recommendation: Adopt a Resolution approving the revised Records Retention Schedule in compliance with the City's Records Management Program and rescinding Resolution No. 64,546-N.S. Contact: Mark Numainville, Acting City Clerk, 981-6900 Action: Adopted Resolution No. 65,943 N.S.; Anderson absent. 8. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on November 27, 2012 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 - $340,000 Contact: Robert Hicks, Finance, 981-7300 Action: Approved recommendation. 9. Revenue Grant: U.S. Food and Drug Administration for Improving Retail Food Program Standards Recommendation: Adopt a Resolution authorizing the City Manager to accept a revenue grant award from the U.S. Food and Drug Administration (FDA) in the total amount of $2,500 in FY 2013 for improving retail food program standards and executing any resultant revenue agreements and amendments. Financial Implications: One-Time Grant; Special Revenue - $2,500 Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,944 N.S.; Anderson absent. 10. Amendment to Mental Health Commission Enabling Legislation Recommendation: Adopt a Resolution amending the Mental Health Commission Enabling Legislation and rescinding Resolution No. 57,078-N.S. Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 65,945 N.S.; Anderson absent. Tuesday, November 27, 2012 MINUTES Page 3

Consent Calendar 11. Memorandum Agreement: International Brotherhood of Electrical Workers Local 1245 Recommendation: Adopt a Resolution approving a new three (3) year Memorandum Agreement (hereinafter referred to as Agreement ) with the International Brotherhood of Electrical Workers Local 1245 (hereinafter referred to as the Union ) 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 Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 65,946 N.S. as amended in Section 25.2.7 of the Agreement with a two-party rate of $1,441.94.; Anderson absent. 12. Contract No. 7187B Amendment: City of Inglewood Parking Citation Services Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7187B with City of Inglewood for parking citation services, increasing the contract amount by $245,000 for a total not to exceed $2,995,000 from November 1, 2006 to June 30, 2013. Financial Implications: General Fund - $245,000 Contact: Donna LaSala, Information Technology, 981-6500 Action: Adopted Resolution No. 65,947 N.S.; Anderson absent. 13. Lease Agreement: TheatreFIRST, Inc. for the Live Oak Theatre at the Live Oak Community Center Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with TheatreFIRST, Inc. for the use and management of the Live Oak Theatre at the Live Oak Community Center located at 1301 Shattuck Avenue for a term of five years with one five-year option. Financial Implications: See report Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 Action: Moved to Action Calendar. 7 speakers. M/S/C (Capitelli/Moore) to adopt first reading of Ordinance No. 7,274 N.S. Second reading scheduled for Dec. 11, 2012. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. 14. Contract: AC Transit Bus Pass (EasyPass) Program for City Employees Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees, in an amount not to exceed $190,000 for the 2-year period beginning January 1, 2013 and ending December 31, 2014. Financial Implications: Payroll Deduction Trust Acct - $190,000 Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted Resolution No. 65,948 N.S.; Anderson absent. Tuesday, November 27, 2012 MINUTES Page 4

Consent Calendar 15. Contract: URS Corporation for Planning and Engineering Services for Permeable Paver Demonstration Project Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with URS Corporation for planning and engineering services for a demonstration project using permeable pavers on a full-width section of a City street, the location of which to be determined during the initial phase of the contract, in an amount not to exceed $232,870 for a period of 2 years. Financial Implications: Special Gas Tax Improvement Fund - $232,870 Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted Resolution No. 65,949 N.S.; Anderson absent. 16. License Agreement: Berkeley Unified School District to Use City Council Chambers and Adjoining Meeting Space at 2134 Martin Luther King, Jr. Way Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with the Berkeley Unified School District (BUSD) to use City Council Chambers, located at 2134 Martin Luther King Jr. Way (Old City Hall) for the purpose of regular and special meetings of BUSD Board of Education, and to use adjacent onsite parking. Financial Implications: Building Maintenance Fund - $7 (revenue) Contact: Andrew Clough, Public Works, 981-6300 Action: Adopted Resolution No. 65,950 N.S.; Anderson absent. 17. Update of the 5-Year Street Paving Plan FY 2013 - FY 2017 From: Public Works Commission Recommendation: Adopt a Resolution updating the City's 5-Year Street Paving Plan for FY 2013 - FY 1`2017, and approving the allocation of up to 15% discretionary funding (approximately $420,000) in FY 2013 for a trial installation of permeable paving. Financial Implications: See report Contact: Jeffrey Egeberg, Commission Secretary, 981-6406 Action: Adopted Resolution No. 65,951 N.S.; Anderson absent. 18. Mental Health Commission Reappointment: Jeffrey Davis From: Mental Health Commission Recommendation: Adopt a Resolution approving the reappointment of Jeffrey Davis as a representative of the Special Public Interest Category for a second term beginning November 28, 2012 and ending November 27, 2015. Contact: Carol Patterson, Commission Secretary, 981-5217 Action: Adopted Resolution No. 65,952 N.S.; Anderson absent. Council Consent Items 19. Appointment of Council Member Linda Maio as Vice President of the Council From: Mayor Bates Recommendation: Adopt a Resolution appointing Council Member Linda Maio as Vice President of the Council for a term of two years beginning December 3, 2012 to December 1, 2014. Tuesday, November 27, 2012 MINUTES Page 5

Council Consent Items Contact: Tom Bates, Mayor, 981-7100 Action: Adopted Resolution No. 65,953 N.S.; Anderson absent. 20. Seating Arrangement for Council Members during City Council Meetings From: Mayor Bates Recommendation: Adopt a Resolution changing seating placement of City Council members as follows on the dais (From left to right, facing the dais): Wengraf, Anderson, Worthington, Capitelli, Bates, Maio, Moore, Wozniak, and Arreguin. Contact: Tom Bates, Mayor, 981-7100 Action: Adopted Resolution No. 65,954 N.S. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes Worthington; Abstain None; Absent Anderson. 21. Council Appointments to Regional Committees and Commissions From: Mayor Bates Recommendation: Adopt a Resolution appointing Council members to their current committees, commissions, and regional bodies for the years 2013-2014. Please see the attached resolution for committee and committee names and the pertinent appointed council member. Contact: Tom Bates, Mayor, 981-7100 Action: Adopted Resolution No. 65,955 N.S. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. 22. Re-Appointment of Dr. Jan Washburn to the Alameda County Mosquito Abatement District Board of Trustees From: Mayor Bates Recommendation: Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Abatement District for a two-year term commencing on January 2, 2013 and ending on January 1, 2015. for the City of Berkeley. Contact: Tom Bates, Mayor, 981-7100. Action: Adopted Resolution No. 65,956 N.S.; Anderson absent. 23. Rescinding Resolution No. 65,865-N.S. and Adopting the 2013 Meeting Schedule to Reflect the Cancellation of the January 15, 2013 Meeting and Adding a Regular City Council Meeting on January 29, 2013 From: Mayor Bates Recommendation: Adopt a Resolution rescinding Resolution No. 65,865-N.S and adopting 2013 meeting schedule to reflect the cancellation of the January 15, 2013 regular council meeting and adding a regular City Council meeting on January 29, 2013. Financial Implications: Minimal Contact: Tom Bates, Mayor, 981-7100 Action: Adopted Resolution No. 65,957 N.S.; Anderson absent. Tuesday, November 27, 2012 MINUTES Page 6

Council Consent Items 24. Sugared Beverage Tax From: Councilmember Maio Recommendation: Schedule a worksession regarding levying a tax on sugared beverages as was proposed on the Richmond ballot. Contact: Linda Maio, Councilmember, District 1, 981-7110 Action: Approved recommendation. Councilmember Capitelli added as a cosponsor. 25. Proclamation Acknowledging the Contributions of Berkeley Rotary Club and the 10th Anniversary of the Berkeley Rotary 3 rd Grade Dictionary Giveaway From: Councilmember Wengraf Recommendation: Approve a proclamation acknowledging the contributions of the Berkeley Rotary Club and the 10th Anniversary of the Berkeley Rotary's 3rd Grade Dictionary Giveaway, to be presented December 11, 2012. Contact: Susan Wengraf, Councilmember, District 6, 981-7160 Action: Approved proclamation. 26. Adding a Meeting for the Public Works Commission From: Councilmember Wozniak Recommendation: Allow for an additional meeting in FY 2013 for the Public Works Commission (PWC) as a result of needing to add a Special Meeting on short notice. Contact: Gordon Wozniak, Councilmember, District 8, 981-7180 Action: Approved recommendation. Action Calendar Old Business 27. Youth Spirit Artworks Request for Additional Funding to Get and Keep Homeless Youth Off Berkeley Streets (Continued from November 13, 2012) From: Councilmembers Anderson and Worthington Recommendation: Consider Youth Spirit Artworks request for $50,000 leveraging existing homeless youth services to get and keep homeless youth off Berkeley Streets through art jobs combined with referrals to services and shelter. Financial Implications: Potentially $50,000 Contact: Max Anderson, Councilmember, District 3, 981-7130 Action: 6 speakers. M/S/C (Maio/Moore) to accept supplemental material from staff. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. Action: M/S/C (Moore/Wengraf) to refer Youth Spirit Artworks to the community agency allocation process for consideration of their request for funding. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes Worthington; Abstain None; Absent Anderson. Tuesday, November 27, 2012 MINUTES Page 7

Action Calendar New Business 28. Perfect Plants Patient Group 2840-B Sacramento Street - Determination Regarding a Public Nuisance Under BMC Chapter 23B.64 Recommendation: Adopt a Resolution reflecting the City Council s November 13, 2012 action determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is: 1. In violation of a) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; b) BMC Section 23E.16.070 Medical Cannabis Uses; c) BMC Section 23A.12.010; and 2. A Public Nuisance under BMC Section 23B.64.020 and ordering the use enjoined and terminated. Contact: Gregory Daniel, Code Enforcement, 981-2492 Action: Moved to Consent Calendar. Adopted Resolution No. 65,958 N.S. (Anderson absent) reflecting the City Council s November 13, 2012 action determining that 2840-B Sacramento Street, operating as Perfect Plants Patient Group (3PG), is: 1. In violation of a) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; b) BMC Section 23E.16.070 Medical Cannabis Uses; c) BMC Section 23A.12.010; and 2. A Public Nuisance under BMC Section 23B.64.020 and ordering the use enjoined and terminated. 29. Contract Amendment: CalPERS 3% at Age 55 Retirement Formula for Police Safety Employees and 3 Year Highest Average Compensation Earnable Recommendation: Adopt second reading of Ordinance No. 7,266 N.S. amending the City's contract with CalPERS to provide the 3% at Age 55 Retirement Formula for new employees hired after the effective date of the contract amendment as set forth in California Government Code Section 21363.1 with final compensation calculated on the highest average annual compensation earnable by a member during three consecutive years of employment as provided in Section 20037 for local sworn police employees only to be effective December 28, 2012. First Reading Vote: All ayes Financial Implications: See report Contact: David Hodgkins, Human Resources, 981-6800 Action: 0 speakers. M/S/C (Bates/Moore) to adopt second reading of Ordinance No. 7,266 N.S. amending the City's contract with CalPERS to provide the 3% at Age 55 Retirement Formula for new employees hired after the effective date of the contract amendment as set forth in California Government Code Section 21363.1 with final compensation calculated on the highest average annual compensation earnable by a member during three consecutive years of employment as provided in Section 20037 for local sworn police employees only to be effective December 28, 2012. Vote: Ayes Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes None; Abstain None; Absent Anderson. Tuesday, November 27, 2012 MINUTES Page 8