General Information
General Information

Regular Meeting Annotated Agenda
June 25, 2013

Printer-friendly PDF* annotated agenda 

 

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.

Note: 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 25, 2013
7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:00 p.m.  All present.

Ceremonial Matters: 

  1. Elena Penderhughes, Presidential Scholar for the Arts
  2. United Nations Victims of Torture Day, June 26, 2013
  3. Recognition of Minh Deng, Human Trafficking Activist

City Manager Comments: None.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 4 speakers.

Consent Calendar

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

1. FY 2014 Tax Rate: Fund Debt Service on Animal Shelter General Obligation Bonds (Measure I, November 2002 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,287-N.S. setting the FY 2014 tax rate for funding the debt service on the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.0020%.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,287–N.S.

2. FY 2014 Tax Rate: Fund Debt Service on Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,288-N.S. setting the FY 2014 tax rate for funding the debt service on the Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds) at 0.0130%.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,288–N.S.

3. FY 2014 Tax Rate: Fund Debt Service on Measure S General Obligation Bonds, Election of 1996 (2007 Refunding Bonds)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,289-N.S. setting the FY 2014 tax rate for funding the debt service on the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,289–N.S.

4. FY 2014 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,290-N.S. setting the FY 2014 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.0115%.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,290–N.S.

5. FY 2014 Tax Rate: Fund Disaster Fire Protection (Measure Q)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,291-N.S. setting the FY 2014 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,291–N.S.

6. FY 2014 Tax Rate: Fund Emergency Services for the Severely Disabled
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,292-N.S. setting the FY 2014 tax rate for funding the provision of emergency services for the disabled at $0.01303 (1.303 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,292–N.S.

7. FY 2014 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,293-N.S. setting the FY 2014 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1222 (12.22 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,293–N.S.

8. FY 2014 Tax Rate: Fund the Provision of Emergency Medical Services
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,294-N.S. setting the FY 2014 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0327 (3.27 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,294–N.S.

9. FY 2014 Special Tax Rate: Fund the Provision of Library Services
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,295-N.S. setting the FY 2014 tax rate for funding the provision of Library Services in the City of Berkeley at $0.1806 (18.06 cents) per square foot for dwelling units and $0.2730 (27.30 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,295–N.S. 

10. Amendments to the Berkeley Election Reform Act - Technical Changes and Clean Up
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,296-N.S. amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to bring the Act into compliance with state law, make technical changes to outdated provisions, and remove obsolete sections.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Kristy van Herick, Commission Secretary, 981-6998
Action: Adopted second reading of Ordinance No. 7,296–N.S.

11. FY 2014 Tax Rate: Fund Debt Service on Streets and Watershed General Obligation Bonds-Election of November 2012
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,297-N.S. setting the FY 2014 tax rate for funding the debt service on the Streets and Watershed General Obligation Bonds (Measure M, November 2012) that are expected to be issued in January 2014 at 0.0070%.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,297–N.S.

12. FY 2014 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,298-N.S. setting the FY 2014 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at $0.04659 (4.659 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.07051 (7.051 cents) per square foot of improvements.
First Reading Vote: Vote: Ayes – Maio, Moore, Anderson, Wozniak, Bates; Noes – Capitelli, Wengraf; Abstain – None; Absent – Arreguin, Worthington.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,298–N.S.

13. Amending Berkeley Municipal Code Chapters 9.48, Chapter 14.48 and Chapter 16.18 to Establish a Two Year Pilot Program Authorizing Sidewalk Displays by Fixed Location Merchants on Telegraph Avenue
From: City Manager
Recommendation: Adopt second reading of:
1.   Ordinance No. 7,299-N.S. amending BMC Chapter 9.48 regarding regulation of sidewalk vending on Telegraph Avenue; and
2.   Ordinance No. 7,300-N.S. amending BMC Chapter 14.48 regarding regulation of miscellaneous use of sidewalk, and
3.   Ordinance No. 7,301-N.S. amending BMC Chapter 16.18 regarding regulation of right of way encroachments.
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. 7,299 –N.S.; Ordinance No. 7,300–N.S.; Ordinance No. 7,301–N.S.

14. Repeal BMC Section 9.08.090 Prohibiting Fliers on Windshields
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code Section 9.08.090, which prohibits placing fliers on vehicle windshields.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted first reading of Ordinance No. 7,302–N.S. Second reading scheduled for July 2, 2013.

15. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 7, 2013 (special, special closed and regular), May 14, 2013 (special closed), May 21, 2013 (special and regular) and May 28, 2013 (special closed and special).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Approved minutes as submitted.

16. Appointment of Fire Chief
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Gil Dong as the Fire Chief to be effective July 7, 2013.
Financial Implications: See report
Contact: Christine Daniel, City Manager, 981-7000
Action: Adopted Resolution No. 66,214–N.S.

17. Appointment of Director of Parks, Recreation & Waterfront
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Scott Ferris as the Director of the Parks, Recreation & Waterfront Department to be effective July 7, 2013.
Financial Implications: See report
Contact: Christine Daniel, City Manager, 981-7000
Action: Adopted Resolution No. 66,215–N.S.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Worthington.

18. Appropriations Limit for FY 2014
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $210,837,211 for FY 2014 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted Resolution No. 66,216–N.S.

19. Purchase Order Agreements: Aramark Uniform Rental and Laundry Service
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into annual Purchase Order agreements with Aramark Uniform Services to provide rental and laundering of uniforms, walk-off mats, towels, and miscellaneous items for various departments as needed for a period covering July 1, 2013 through June 30, 2016 for $149,800 annually, and a total not to exceed $449,400 for three (3) years, subject to the City's annual budget appropriation process.
Financial Implications: Various Funds - $149,800 (annually)
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted Resolution No. 66,217–N.S.

20. Revenue Grant: FEMA Port Security Grant Program to Fund Acquisition of a Public Safety Response Boat
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency’s (FEMA) Port Security Grant Program (PSGP) in the amount of $690,000 and authorizing the use of $230,000 in local matching funds to purchase a public safety response boat for public safety, emergency response and environmental protection.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473
Action: Adopted Resolution No. 66,218–N.S.

21. Amendment of Senior and Disabled Rehabilitation Loan Program Guidelines
From: City Manager
Recommendation: Amend the guidelines for the Senior and Disabled Rehabilitation Loan Program (Program) to increase the total loan amount from $70,000 to $80,000 per project, increase the allowable CalHOME portion of the loan by $20,000 to $60,000, and expand income eligibility for the program to align with CalHOME and CDBG regulations which allow the program to serve households with up to 80% of Area Median Income.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,219–N.S.

22. Contract: Easy Does It to Provide Emergency Services to Berkeley Residents with Severe Disabilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Easy Does It Emergency Services (EDI) to provide emergency services to Berkeley residents with severe disabilities for the period of July 1, 2013 to June 30, 2014 for a total contract amount not to exceed $1,004,192; and approve an option authorizing the City Manager to extend the term of the contract annually up to two additional years contingent upon a satisfactory annual performance.
Financial Implications: Measure E Special Tax Fund - $1,004,192
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,220–N.S.

23. Contract No. 8593 Amendment: Berkeley Youth Alternatives to Counter Pro-Tobacco Influences and Promote Tobacco Cessation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Contract No. 8593 with Berkeley Youth Alternatives to reduce tobacco litter and reduce tobacco marketing to youth, increasing the amount by $141,600 for a total not to exceed amount of $354,100 through June 30, 2015.
Financial Implications: Health (General) - $141,600
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,221–N.S.

24. Revenue Grant Agreements: Funding Support from the Partner Organizations to Conduct Public Health Promotion, Protection, and Prevention Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to submit grant agreements to First 5 Alameda County, YMCA of the Central Bay Area and Berkeley Development Group, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following revenue agreements:
1.   First 5 Alameda County, in the projected amount of $69,431 for FY 2014 and $45,709 for FY 2015 for a total of $115,140 for Fiscal Years 2014 and 2015.
2.   YMCA of the Central Bay Area, in the projected amount of $10,000 for FY 2014.
3.   Berkeley Development Group, in the projected amount of $15,000 for FY 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 66,222–N.S. (First 5 Alameda County); Resolution No. 66,223–N.S. (YMCA of the Central Bay Area); and Resolution No. 66,224–N.S. (Berkeley Development Group).

25. Contract No. 7911 Amendment: The Lipman Company, Inc. for Retiree Health Premium Assistance Plan Third-Party Administrator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7911 with The Lipman Company, Inc. (TLC) for administration of the Retiree Health Premium Assistance Plan for non-sworn retirees and other retiree medical programs for sworn Fire and Police; to increase the amount of funding by $74,000 for Calendar Year 2013, for a total not to exceed amount of $474,000 for the period January 1, 2013 to December 31, 2013; and extend the term of the contract with TLC for two (2) years, covering the period January 1, 2014 through December 31, 2015, and increasing the contract amount by an additional $234,000, for a total contract amount not to exceed $708,000.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 66,225–N.S.

26. Contract No. 7167D Amendment: SunGard Public Sector for Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167D with SunGard Public Sector for maintenance and support of the City's FUND$ system, increasing the contract amount by $145,000 for a total not to exceed $1,095,000 from July 1, 2006 through June 30, 2014.
Financial Implications: General Fund - $145,000
Contact: Donna LaSala, Information Technology, 981-6500
Action: Adopted Resolution No. 66,226–N.S.

27. Contract No. 7539C Amendment: Rocket Software, Inc. for Change Management Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7539C with Rocket Software, Inc. (formerly Aldon, Inc.) for change management software licensing, maintenance, and technical support, increasing the contract amount by $10,000 for a total not to exceed $57,996 from February 28, 2008 through June 30, 2015.
Financial Implications: General Fund - $10,000
Contact: Donna LaSala, Information Technology, 981-6500
Action: Adopted Resolution No. 66,227–N.S. 

28. Waiver of Annual Marina Berth and Storage Fees for Non-Profits
From: City Manager
Recommendation: Adopt a Resolution: 1) Affirming the determination by City staff and the Waterfront Commission that three non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cal Sailing Club, and The Pegasus Project) are in full compliance with all aspects of Resolution No. 58,859-N.S.; and 2) Approving the annual waiver of berth fees for the three groups for FY 2014.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 66,228–N.S.

29. Reject Bid and Authorize City Manager to Negotiate in the Open Market – Civic Center Building and Public Safety Building Data Center Upgrades
From: City Manager
Recommendation: Adopt a Resolution: 1) Rejecting the one bid submitted to the City of Berkeley for Specification No. 13-10730-C, Civic Center Building and Public Safety Building Data Center Upgrades Project; and 2) Authorizing the City Manager to negotiate in the open market in accordance with Article XI, Public Works and Supplies, Section 67(a.) of the City Charter.
Financial Implications: There are no fiscal impacts until a contract will be negotiated.
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,229–N.S.

30. Grant Funding Agreement for MTC One Bay Area Grant Program
From: City Manager
Recommendation: Adopt a Resolution: 1) Authorizing the City to execute and file a funding application to the Metropolitan Transportation Commission (MTC) for $4,932,702 in Federal funds for the Shattuck Reconfiguration and Pedestrian Safety Improvements and the Hearst Avenue Complete Street Project (Projects), as recommended by the Alameda County Transportation Commission through the FY 2012/13 Coordinated Funding Program; 2) Committing any necessary matching funds; and 3) Stating the City's assurance as to its ability and intent to complete the project.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,230–N.S.

31. MOU: EBCSAC Agencies to Share Consultant Services Cost
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding among the East Bay Collection System Advisory Committee agencies regarding cost sharing of consultant services and appropriating funds not to exceed a total of $250,000 from the Sewer Fund during the 5 year period FY 2014 – FY 2018.
Financial Implications: Sanitary Sewer Operation - $250,000
Contact: Andrew Clough, Public Works, 981-6300
Action: Adopted Resolution No. 66,231–N.S.

32. Naming Berkeley's Public Health Clinic for Ann Chandler
From: Public Works Commission
Recommendation: Adopt a Resolution renaming the Public Health Clinic as the Ann Chandler Public Health Center effective November 18, 2013.
Financial Implications: Nominal cost to revise signage
Contact: Jeffrey Egeberg, Commission Secretary, 981-6406
Action: Adopted Resolution No. 66,232–N.S.

Council Consent Items

33. Senate Bill 467: Email Privacy
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Bill (SB) 467, authored by Senator Mark Leno, which would require a search warrant when a governmental agency is seeking the contents of certain electronic communications, such as email.  Copies of the Resolution to be sent to Governor Jerry Brown, Senate President Pro Tem Darrell Steinberg, Senators Mark Leno and Loni Hancock, Assembly Speaker John A. Perez, and Assemblymember Nancy Skinner.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Adopted Resolution No. 66,233–N.S.

34. Berkeley Historical Plaque Project: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Wengraf, to the Berkeley Historical Plaque Project with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Adopted Resolution No. 66,234–N.S.

Action Calendar – Appeals

35. ZAB Appeal: 2024 Durant Avenue/2025 Channing Way
Attachment 5 - Admin Rec Pt 1
Attachment 5 - Admin Rec Pt 2
Attachment 5 - Admin Rec Pt 3
Attachment 5 - Admin Rec Pt 4
Attachment 5 - Admin Rec Pt 5
Attachment 5 - Admin Rec Pt 6
Attachment 5 - Admin Rec Pt 7
Attachment 5 - Admin Rec Pt 8
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 12-10000017 to demolish a church and construct a six-story, 78-unit, apartment building with a mix of one, two, and three bedroom units and basement level parking with 34 parking spaces.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
a. Appeal
1. Stephen Stine
b. Communication
1. Avram Gur Arye
Action: 21 speakers. M/S/C (Wozniak/Capitelli) to adopt Resolution No. 66,235–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 12-10000017 to demolish a church and construct a six-story, 78-unit, apartment building with a mix of one, two, and three bedroom units and basement level parking with 34 parking spaces.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Recess: 9:37 p.m. – 9:48 p.m.

36. ZAB Appeal: 2360 Telegraph Avenue
Attachment 5 - Admin Rec
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 12-10000037 to establish a Quick Service Restaurant (QSR) exceeding the C-T District's limitations on the number and size of such restaurants, with incidental beer and wine service and hours of operation until 2 a.m.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
a. Appeal
1. Alex Popov
b. Communication
None
Action: 0 speakers.  M/S/C (Capitelli/Maio) to adopt Resolution No. 66,236–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 12-10000037 to establish a Quick Service Restaurant (QSR) exceeding the C-T District's limitations on the number and size of such restaurants, with incidental beer and wine service and hours of operation until 2 a.m.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington.

Action Calendar - Old Business

37. City Manager Referral: Allow Video Screen with Advertisements Inside Taxicabs (Continued from May 21, 2013)
Revised Material
From: Councilmember Worthington
Recommendation: Refer to the City Manager a change in the Berkeley Municipal Code, to allow for video screen advertisements to be posted inside taxicabs.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Approved the recommendation as amended to request that staff consider a mandatory on/off switch for the video screen.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates; Noes – Wengraf.

38. Request the Occupational Safety and Health Administration (OSHA) to Move Forward with the Adoption of Draft Proposed Rule to Reduce Exposure to Life-Threatening Silica Dust (Continued from May 21, 2013)
From: Councilmember Worthington
Recommendation: Adopt a Resolution requesting OSHA move forward with the adoption of the draft proposed rule to reduce exposure to life-threatening silica dust and send a letter to the White House Office of Management and Budget.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to July 2, 2013. 

Action Calendar – New Business

39. FY 2014 & FY 2015 Biennial Budget Adoption
From: City Manager
Recommendation: 
1.   Adopt a Resolution: a) Adopting the FY 2014 & FY 2015 Biennial Budget as contained in the City Manager's FY 2014 & FY 2015 Proposed Biennial Budget that includes the Proposed Capital Budget, presented on May 7, 2013, and as amended by subsequent Council action and accepting the FY 2014 City Wide Work plan presented to Council on May 21, 2013. b) Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2014, as reflected in Attachment 1, and as amended by subsequent Council action.
2.   Approve a one-time $614,857 loan from the Workers’ Compensation Fund to the Refuse Fund in FY 2015 to cover the projected deficit in that year, should a rate increase (effective July 2014) fail to be approved.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Moved to Consent Calendar. 
1. Adopted Resolution No. 66,237–N.S. a) Adopting the FY 2014 & FY 2015 Biennial Budget as contained in the City Manager's FY 2014 & FY 2015 Proposed Biennial Budget that includes the Proposed Capital Budget, presented on May 7, 2013, and as amended by subsequent Council action and accepting the FY 2014 City Wide Work plan presented to Council on May 21, 2013 with an amendment  to allocate CDBG funds, not to exceed the increase in the Public Services Cap, to cover the shortfall in the ESG Entitlement Amount. b) Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2014, as reflected in Attachment 1, and as amended by subsequent Council action.
2.   Approved a one-time $614,857 loan from the Workers’ Compensation Fund to the Refuse Fund in FY 2015 to cover the projected deficit in that year, should a rate increase (effective July 2014) fail to be approved.

40. FY 2014 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2014 Annual Appropriations Ordinance (AAO) in the amount of $364,296,041 (gross appropriations) and $313,633,047 (net appropriations).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,303–N.S. Second reading scheduled for July 2, 2013.

41. a. Referral of Alameda County FRALS Reimbursements to City Auditor
From: Disaster and Fire Safety Commission
Recommendation: Refer to the City Auditor reimbursements from Alameda County to the City of Berkeley under the Emergency Medical Services First Responder Advanced Life Support Services Agreement dated February 1, 2012, and prior agreements approved by the City Council on May 31, 2011 (Resolution No. 65,296-NS) and July 19, 2011 (Resolution No. 65,393-N.S.) to confirm that those FRALS reimbursements should be returned to Measure GG funds and not diverted to the General Fund.
Financial Implications: See report
Contact: Aaron Lee, Commission Secretary, 981-3473

b. Referral of Alameda County FRALS Reimbursements to City Auditor
From: City Manager
Recommendation: Continue to account for the Alameda County First Responder Advanced Life Support (FRALS) Reimbursements in a separate fund in accordance with Resolution No. 65,493–N.S.
Financial Implications: None
Contact: Gil Dong, Fire, 981-3473

Action: M/S/C (Moore/Worthington) Continue to account for the Alameda County First Responder Advanced Life Support (FRALS) Reimbursements in a separate fund in accordance with Resolution No. 65,493–N.S.
Vote: All Ayes.

42. FY 2014 and FY 2015 Measure GG Budget
From: City Manager
Recommendation: Approve additional expenditures for FY 2014 and FY 2015 from Measure GG tax proceeds to include two additional full-time career staff positions, additional disaster readiness classes, enhanced community outreach efforts, disaster caches, roll-off dumpster program, automatic gas shut off valve program, and a reserve fund.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473
Action: Moved to Consent Calendar.  Recommendation approved.

Information Reports

43. Voluntary Time Off Program For FY 2014
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.

44. Transmission of Annual Management Letter from Outside Auditors
Supplemental Material
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100
Action: Received and filed.

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

Adjournments in Memory of:
1.    Patti Dacey, former Planning Commissioner

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

Councilmember Arreguin absent 10:17 p.m. – 10:19 p.m.

Adjourned at 10:19 p.m.

Communications
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.

Taser Usage
1.    Nigel Renton

Pedestrian Safety Petition
2.    Dan McMullan – referred to City Manager by Councilmember Arreguin

Detained Teens
3.    Moni Law – referred to City Manager by Councilmembers Arreguin and Maio

FEMA/UC Berkeley Tree Clear-Cutting and Toxins
4.    Sally Nelson
5.    Celeste McLean

East Bay Regional Park District & AFSCME Local 2428
6.    Jane & Tom Kelly

Tobacco Free Multi-Unit Housing Ordinance
7.    Cynthia Hallett, on behalf of Americans for Nonsmokers’ Rights – referred to City Manager by Councilmember Wozniak
8.    Susan Sawyer
9.    Carol Denney

Supplemental Communications and Reports 1

Drugs & Youth
10. Renate

Item 35: ZAB Appeal: 2024 Durant Avenue/2025 Channing Way
11. Avram Gur Arye
12. Stephen Stine
13. Ronald Rhodes
14. Tim Soto
15. Stephen Wollmer
16. Shela Ray

Item 35: ZAB Appeal: 2360 Telegraph Avenue
17. Kenneth Sarachan

Item 37: City Manager Referral: Allow Video Screen with Advertisements Inside Taxicabs
18. Revised materials, submitted by Councilmember Worthington

Item 44: Transmission of Annual Management Letter from Outside Auditors
19. Supplemental materials, submitted by Mayor Bates

Supplemental Communications and Reports 2

Item 11: FY 2014 Tax Rate: Fund Debt Service on Streets and Watershed General Obligation Bonds-Election of November 2012
20. Parks & Recreation Commission and Waterfront Commission

Item 35: ZAB Appeal: 2024 Durant Avenue/2025 Channing Way
21. Bonnie Powers
22. Siddika Angle
23. Stephen Stine (7)

Item 39: FY 2014 & FY 2015 Biennial Budget Adoption
24. Rick Lewis, on behalf of Bay Area Community Land Trust
25. Mel Martynn, on behalf of Savo Island Cooperative Homes
26. James Lacy

Supplemental Communications and Reports 3

Item 32: Naming Berkeley's Public Health Clinic for Ann Chandler
27. Nancy Skinner

Item 35: ZAB Appeal: 2024 Durant Avenue/2025 Channing Way
28. William Schrader
29. Olga Bolotina, on behalf of the Sierra Club Northern Alameda County Group
30. Neal Parish, on behalf of Durant Berkeley Partners
31. Max Anderson, District 3
32. Avram Gur Arye
33. Unknown

Item 36: ZAB Appeal: 2360 Telegraph Avenue
34. Ken Sarachan

Item 41: Referral of Alameda County FRALS Reimbursements to City Auditor
35. Supplemental materials, submitted by Disaster & Fire Safety Commission

Eid’s TV
36. M. Eid Abdallah

Government
37. Avram Gur Arye

 

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