Regular Meeting Annotated Agenda
June 23, 2009

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 23, 2009

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: 7:02 p.m.  All present.

Ceremonial Matters:

  1. 20/20 Vision
  2. June 22-28 – Amateur Radio Week
  3. Buy Local

City Manager Comments: None 

Public Comment on Non-Agenda Matters: 5

Public Comment on Consent Calendar and Information Items Only: 2

Consent Calendar

Action: M/S/C (Arreguin/Maio) to adopt Consent Calendar in one motion except as indicated:

1. Lease Agreement: 80 Bolivar Drive (Sailing Building) in Aquatic Park to Bay Area Outreach Recreation Program (BORP) (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,091-N.S. authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin August 1, 2009 and ending December 31, 2013, with an option to extend for an additional five-year period.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted second reading of Ordinance No. 7,091-N.S.

2. FY 2010 Tax Rate: Emergency Services for the Severely Disabled (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,093-N.S. setting the FY 2010 tax rate for the provision of emergency services for the disabled at $0.01142 (1.142 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. 7,093-N.S.

3. FY 2010 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (pdf) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,094-N.S. setting the FY 2010 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1118 (11.18 cents) per square foot.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,094-N.S.

4. FY 2010 Tax Rate: Fund the Provision of Emergency Medical Services (pdf) 
From: City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,095-N.S. setting a special tax rate of $0.02979 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,095–N.S.

5. Lease Agreements for 2134 Martin Luther King Way and 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (pdf)
Supplemental Agenda Material (pdf)
From: City Manager
Recommendation:  Adopt first reading of an Ordinance authorizing execution of leases of 2134 Martin Luther King Jr. Way and 2031 Sixth Street and a Purchase and Sale Agreement for 2031 Sixth Street.
Financial Implications: See report
Contact:  Christine Daniel, City Manager’s Office, 981-7000
Action:  Adopted first reading of Ordinance No. 7,096-N.S. as amended.  Second reading scheduled for July 7, 2009.

6. Lease Agreement for Grove Street Recreation Center Site (Oregon Street Gym) (pdf)
Supplemental Agenda Material (pdf) 
From: City Manager
Recommendation:  Adopt first reading of an Ordinance authorizing execution of a lease of the Grove Street Recreation Center from the Berkeley Unified School District.
Financial Implications: See report
Contact: Christine Daniel, City Manager’s Office, 981-7000
Action:  Adopted first reading of Ordinance No. 7,097-N.S. as amended.   Second reading scheduled for July 7, 2009.

7. Minutes for Approval (pdf)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 2 (regular), June 9, 2009 (special and regular) and June 15, 2009 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.  Councilmember Arreguin abstained from the June 15, 2009 special closed meeting minutes approval.

8. Contract: Real-Time Closed Captioning Stenography Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PeopleSupport RapidText, An Aegis Co. (Aegis RapidText) for the provision of real-time closed captioning stenography services at all worksessions, regular and special meetings of the City Council and Redevelopment Agency for the period July 1, 2009 to June 30, 2010 in an amount not to exceed $50,000, and for four one-year renewable options at rates to be negotiated prior to execution of each subsequent one-year option.
Financial Implications: See report
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 64,498-N.S.

9. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $1,185,542
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

10. Access the Surplus Program Administered by the Department of General Service - State of California (pdf)
From: City Manager
Recommendation: Adopt a Resolution enabling the City of Berkeley to utilize the State of California surplus property program, and authorize Finance - General Service's staff to acquire surplus property through this program when it is in the best interest of the City of Berkeley.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,499-N.S.

11. Levying a Special Tax for FY 2010 to Fund the Provision of Library Services (pdf)
From: City Manager
Recommendation: Adopt an Ordinance to set the FY 2010 tax rate for the Library Services Tax at $0.1582 (15.82 cents) per square foot for dwelling units and $0.2393 (23.93 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,098-N.S.  Second reading scheduled for July 7, 2009.

12. Sweatshop Free Ordinance (pdf)
From: City Manager
Recommendation: Adopt a first reading of an Ordinance adding Chapter 13.97 to the BMC mandating that vendors supplying apparel to the City of Berkeley provide information regarding the factories where the goods are manufactured. 
Financial Implications: Unknown
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Action Calendar.  5 Speakers. M/S/C (Arreguin/Capitelli) to adopt first reading of Ordinance No. 7,099-N.S.  Second reading scheduled for July 7, 2009. City Manager to return in six months with updates on voluntary compliance for local vendors and evaluation of the possibility of establishing a buy local preference for apparel contracts.
Vote:  All Ayes

13. Increase Funding for Public Commons for Everyone Initiative Program for FY 2010 by $245,160 (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to 1) terminate existing contracts with agencies, that are scheduled to expire over a four-month period in FY2010, and add remaining balances totaling $92,840 to new contracts with the same agencies for the period of July 1, 2009 through June 30, 2010; and 2) increase funding to agencies funded under the Public Commons for Everyone Initiative (PCEI) by a total of $245,160 to extend services through FY2010.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,500-N.S.

14. Side Letter - Berkeley Fire Fighters Association (pdf) 
From: City Manager
Recommendation: Adopt a Resolution to authorize the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to: 1) modify Section 10.3 of the Memorandum Agreement to provide the City Manager with discretion to hire a lateral entry Fire Fighter at a salary step higher than first step at entry, and 2) modify Section 19.4.1 of the Memorandum Agreement to provide lateral entry employees with a higher Vacation Leave accrual rate commensurate with the lateral entry employee's experience as a sworn Fire Fighter.  These changes are prospective from the date of approval of this recommendation and apply to lateral entry Fire Fighters hired on or after October 6, 2006.
Financial Implications: Measure GG, Paramedic Tax Fund and General Fund - $20,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,501–N.S.

15. Classification: Director of Housing and Community Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,211-N.S., to revise and retitle the at-will Director of Housing classification to Director of Housing and Community Services, effective June 28, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,502–N.S.

16. Contract No. 6832B Amendment: Wireless Data Services for Police Vehicles (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6832B with Sprint Nextel Corporation (formerly Sprint Corporation) for Police Vehicle Wireless Data Services, increasing the amount by $54,720, for a total contract amount not to exceed $159,720, and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,503–N.S.

17. Contract No. 5224C Amendment: Application Associates Computer Training (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5224C with Application Associates for Citywide Computer Training, increasing the amount by $60,000 for a total contract amount not to exceed $270,000, and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,504–N.S.

18. Lease Agreement: 80 Bolivar Drive (North Building) in Aquatic Park with Waterside Workshop (pdf)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshop to use the North Building at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin September 1, 2009 and ending August 31, 2011.
Financial Implications: Parks Tax Revenue - $317
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted first reading of Ordinance No. 7,100–N.S.  Second reading scheduled for July 7, 2009.

19. Contract No. 6397A Amendment: Enforcement Technology, Inc - Handheld Parking Citation Services (pdf)
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to amend contract number 6397A by $93,000 for a total amount not to exceed $512,000 to Enforcement Technology, Inc. for processing of parking citations.
Financial Implications: Parking Enforcement Fund - $16,000
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,505–N.S.

20. Joint Grant Application to Green Building and Bay-Friendly Landscaping for Animal Shelter Project (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a joint grant application to Green Building and Bay-Friendly Landscaping for the Animal Shelter project to offset some of the costs associated with implementing Green Building and Bay-Friendly Landscaping related items in the amount of $65,000; and accept the grants awarded, and execute any resultant agreements and amendments. The Green Building portion of the grant is $50,000; the Bay-Friendly Landscaping portion is $15,000.
Financial Implications: Alameda County Recycling Fund - $65,000 revenue
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,506–N.S.

21. Establishing a Bay-Friendly Landscaping Policy for City Projects (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to implement a Bay-Friendly Landscaping (BFL) Policy for City projects, and the Director of Public Works to designate a BFL Compliance Official.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,507–N.S.

22. Contract No 6856C Amendment: Community Conservation Centers (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6856C with Community Conservation Centers (CCC) for recycling services, increasing the contract amount by $744,000 for a new total amount not to exceed $2,724,000 and extending the term to June 30, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,508–N.S.

23. Contract No 2146F Amendment: Ecology Center for Curbside Recycling Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 2146F with the Ecology Center for residential curbside recycling collection, increasing the contract amount of $6,678,166 by $1,694,000 for a not to exceed amount of $8,372,166 and extending the contract term from June 30, 2009 to December 31, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,509–N.S.

24. Contract Amendments: Burks Toma Architects (7721A) and Design, Community, and Environment (7185C) for Design Services for the Animal Shelter (pdf) 
From: City Manager
Recommendation: Adopt Resolutions authorizing the City Manager to:

1.  Execute an amendment to Contract No. 7721A with Burks Toma Architects (BTA) for additional architectural services on the new Animal Shelter in an amount of $10,150 for a revised amount not to exceed $574,440 including all reimbursable expenses maintaining the contract term through June 30, 2010.

2.  Execute an amendment to Contract No. 7185C with Design, Community, and Environment (DC&E) for additional civil engineering and landscape design services associated with the new Animal Shelter in an amount of $23,765 for a revised amount not to exceed $161,477 on the Animal Shelter portion and a total revised contract amount not to exceed $329,498 and maintaining the contract term to June 30, 2010.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,510–N.S. and Resolution No. 64,511–N.S.

25. Amending BMC Chapter 6.24 Municipal Off-Street Parking Lots to Include Pay-and-Display Stations (pdf)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 6.24 Municipal Off-Street Parking Lots to include pay-and-display stations, and authority to designate locations for vehicle-sharing pods, by: 1.   Adding Section 6.24.013, Section 6.24.025, Section 6.24.093, Section 6.24.096, Section 6.24.103, and Section 6.24.135; and 2.  Amending Section 6.24.020, Section 6.24.030, Section 6.24.040, Section 6.24.050, Section 6.24.070, Section 6.24.080, Section 6.24.090, Section 6.24.100, and Section 6.24.120.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,101–N.S.  Second reading scheduled for July 7, 2009.

26. Contract No. 7700 Amendment: Fairbanks Scales for the Maintenance and Repair of Solid Waste Transfer Station Scales (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $40,000 with Fairbanks Scales, Inc., for the maintenance and repair of scales at the solid waste transfer station for a total contract amount not to exceed $90,000 for the period April 1, 2007 through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,512–N.S.

27. Contract: Field Paoli for Architectural and Engineering Design Services - Berkeley Public Library Improvement Bond Program (South Branch Library), Measure FF (pdf) 
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Field Paoli Architects to provide architectural and engineering services for the South Branch Library project in an amount not to exceed $785,000 for all services and reimbursable expenses for the period from June 30, 2009 through December 31, 2011.
Financial Implications: Measure FF - $785,000
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 64,513–N.S.

28. Contract: Architectural Resources Group, Inc. for Architectural Services for the Renovation (pdf)
From: Board of Library Trustees
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Architectural Resources Group to provide architectural and engineering services for the North Branch Library project in an amount not to exceed $682,950 for all services and reimbursable expenses for the period from June 30, 2009 through December 31, 2011.
Financial Implications: Measure FF – $682,950
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 64,514–N.S.

29. Assessment: Elmwood Theater Business Improvement Area for FY 09 and Renewal of Assessments for FY 10 (pdf)
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2009; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2010; and 3) setting a public hearing on the levy of assessments for July 14, 2009.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7000
Action:  Adopted Resolution No. 64,515–N.S. 
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Abstain: Capitelli.

30. Leave of Absence Request for Alan Maris (pdf)
From: Mental Health Commission
Recommendation: Approve a leave of absence for Allan Maris from the Mental Health Commission for the period June 1, 2009 through July 31, 2009.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, (510) 981-5217
Action:  Approved recommendation.

31.     **Removed from agenda by City Manager**Street Repair Policy Update and Permeable Paver Trial Project

Council Consent Items

32. Develop Specific Recommendations For the City's Sound Ordinance to Better Accomplish the City's Goals for the Downtown (pdf)
Supplemental Agenda Material (pdf)
From: Councilmembers Moore, Capitelli and Wengraf
Recommendation: Direct the City Manager to develop specific recommendations on how the City’s Sound Ordinance can better reflect the City’s goals for the Downtown and have the City Manager report back by September 2009.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved revised recommendation to read as follows: Direct the City Manager to develop specific recommendations on how the City’s Sound Ordinance can better reflect the City’s economic development goals in order to more readily accommodate live entertainment in the Downtown and streamline the sound permit process for Berkeley festivals.  The City Manager should report back with staff’s recommendations by September 2009.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Arreguin.

33. Support AJR 19, Urging Congress To Repeal the Defense of Marriage Act (pdf)
From: Councilmembers Moore, Anderson, Arreguin and Worthington
Recommendation: Support AJR 19 and that the City Clerk send a letter of support to our local legislators.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

34. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to St. Paul AME Church (pdf)
From: Councilmember Anderson
Recommendation: Adopt a Resolution to approve the expenditure of $100 to the St. Paul AME Church for 2009 Economic Empowerment Fair with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget.
Financial Implications: Council Office Budget Discretionary Account - $100
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,516–N.S.

35. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Black Infant Health Program (pdf) 
From: Councilmember Anderson
Recommendation: Adopt a Resolution to approve the expenditure of $100 to the Black Infant Health Program with funds relinquished to the City's General Fund for this purpose from Councilmember Max Anderson's discretionary Council Office Budget.
Financial Implications: Council Office Budget Discretionary Account - $100
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,517–N.S.

36. City Sponsorship of the Fond Farewell Funeral Fair (pdf)
From: Councilmember Arreguin
Recommendation: Cosponsor the 2009 Fond Farewell Funeral Fair Benefit to be held on Saturday, November 7th, 2009 at the Grace North Church.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,518–N.S.

37. City Sponsorship of the 2009 Telegraph LastSundays Fest (pdf)
From: Mayor Bates and Councilmember Worthington
Recommendation: That the Berkeley City Council co-sponsor the 2009 Telegraph LastSundays Fests in collaboration with the Telegraph Business Improvement Association.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,519–N.S.

Action Calendar – Appeals

38. ZAB Appeal: 651 Addison Street (pdf)

Administrative Record part 1a (pdf) 
Administrative Record part 1b (pdf) 
Administrative Record part 2 (pdf)
Administrative Record part 3 (pdf)
Administrative Record part 4 (pdf)
Administrative Record part 5 (pdf)  

From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000057 to construct a five-story mixed-use building.
Financial Implications: None
Contact: Debra Sanderson, Planning and Development 981-7400

b.  Communications
1.  Stephen Wollmer

Action: M/S/C (Moore/Wozniak) to adopt Resolution No. 64,520–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000057 to construct a five-story mixed-use building.
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain:.Arreguin

Recess: 8:30 p.m. – 8:37 p.m.

Action Calendar – Old Business

39. Wireless Telecommunication Facilities: Direction on Next Steps (Continued from June 9, 2009) (pdf)
From: City Manager
Recommendation: Provide direction on the timing, process, and funding for preparation of a wireless Telecommunications Master Plan.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Continued to July 14, 2009.

Action Calendar – New Business

40.   FY 2010 & FY 2011 Biennial Budget Adoption
a. From: City Manager (pdf)
Biennial Budget Attachment 1, Exhibit A (pdf)
Biennial Budget Revision (pdf) 

Recommendation:
1.  Adopt a Resolution adopting the FY 2010 & FY 2011 Biennial Budget as contained in the City Manager’s FY 2010 & FY 2011 Proposed Biennial Budget that includes the Citywide Workplan and Proposed Capital Budget, presented on May 5, 2009, and as amended by subsequent Council action.

2.  Set aside new revenue generated from parking-related program changes pending the outcome of the State budget and performance of local revenues.

3.  Schedule a workshop and possible action on October 13, 2009, to review the impact of the State budget cuts and City revenue trends.

4.  Adopt a Resolution opposing any legislation that diverts the City’s share of funding from the Highway Users Tax Account (HUTA), also known as the “gas tax,” to fund the state general fund.

5.  Adopt a Resolution authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2010, as reflected in Attachment 1, and as amended by Council action – including the following language:

  • All agencies regardless of contract amount receive four quarterly payments; and
  • All agencies regardless of contract amount must submit quarterly statements of expense. The final statement of expense must be accompanied by a copy of the agency's General Ledger and a Statement of Revenues and Expenditures for each program funded by the City; and
  • Agencies with contracts of $100,000 or less must produce two program reports, one at mid-year  and one at year-end; and
  • Agencies with contracts over $100,000 must produce four program reports, submitted quarterly.

6.  Adopt a Resolution approving the revised funding allocations from the federal Department of Housing and Urban Development (HUD) and the State Department of Community Services Development for Community Development Block Grant (CDBG) and Community Services Block Grant (CSGB) funding; allocating the increased CDBG funding of $5,689 to the Housing Trust Fund; and allocating the increased CSBG funding of $16,592 to Building Opportunities for Self Sufficiency (BOSS) Harrison House and Multi-Agency Services Center programs to address health and safety issues at these facilities.

7.  Add five Voluntary Days Off (VTO) days to the City’s VTO schedule.

8.  Set aside $700,000 in Housing Trust Funds for possible allocation to the Berkeley Housing Authority pending the completion of the appropriate allocation process.

Financial Implications: See report
Contact: Tracy Vesely, City Manager, 981-7000

b. From: Mayor Bates (pdf)
Recommendation:
Adopt the following amendments to the FY 2010-2011 Budget:
1.  Approve new revenues totaling $1.59 million in 2010 and $2.64 million in 2011.

2.  Allocate $170,000 to new recurring expenses:
   a.  RISE at $45,000
   b.  Berkeley Convention & Visitors’ Bureau for Berkeley-based Filmmaker grants at $25,000
   c.  City of Berkeley Public Health Division partnership with Lifelong Medical Care Inc. for Hypertension Clinic at $100,000.

3.  Allocate one-time only expenses of $6,000 for Telegraph Avenue LastSunday Fest and set aside up to $700,000 from the Housing Trust Fund for the Berkeley Housing Authority’s capital expenses. 

4.  Reserve the remainder of new revenues until we receive a budget review in the fall and we analyze the impact of the State Budget on our city services.

5.  Defer decisions on other Council budget referrals until we have fully assessed the impact of the state budget on our city services and infrastructure.

Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

c. Parking Citation Fines Increase (pdf)
From: City Manager
Recommendation: Adopt a Resolution approving a new schedule of fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation; and Rescinding Resolution 64,385–N.S. and all amendments thereto, effective October 1, 2009.
Financial Implications: $790,000 in FY 2010 General Fund Revenue; $1.35 million in annual General Fund revenue
Contact: Tracy Vesely, Budget Manager, 981-7000

d. FY 2010 Annual Appropriations Ordinance (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2010 Annual Appropriations Ordinance (AAO) in the amount of $382,659,412 (gross appropriations) and $333,355,332 (net appropriations).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

e. Organizational Ordinance Updates (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 2.50.010, 2.50.020, 2.50.030, 2.50.040, 2.50.050, 2.50.060, 2.61.020, 2.62.010, 2.62.020, 2.62.030, and 2.60.040 to reflect organizational changes.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager, 981-7000

f. Appropriations Limit for FY 2010 (pdf)
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $173,028,088 for FY 2010 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

Action: 10 Speakers.  M/S/C (Moore/Capitelli) to adopt the following:

  1. Resolution No. 64,521–N.S. adopting the FY 2010 & FY 2011 Biennial Budget as contained in the City Manager’s FY 2010 & FY 2011 Proposed Biennial Budget that includes the Citywide Workplan and Proposed Capital Budget, presented on May 5, 2009, and as amended by subsequent Council action.
  2. The City Manager’s recommendation to set aside new revenue generated from parking-related program changes pending the outcome of the State budget and performance of local revenues.
  3. The City Manager’s recommendation to schedule a workshop and possible action on October 13, 2009, to review the impact of the State budget cuts and City revenue trends.
  4. Resolution No. 64,522–N.S. opposing any legislation that diverts the City’s share of funding from the Highway Users Tax Account (HUTA), also known as the “gas tax,” to fund the state general fund.
  5. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2010, as reflected in Attachment 1, and as amended by Council action – including the following language:
  • All agencies regardless of contract amount receive four quarterly payments; and
  • All agencies regardless of contract amount must submit quarterly statements of expense. The final statement of expense must be accompanied by a copy of the agency's General Ledger and a Statement of Revenues and Expenditures for each program funded by the City; and
  • Agencies with contracts of $100,000 or less must produce two program reports, one at mid-year  and one at year-end; and
  • Agencies with contracts over $100,000 must produce four program reports, submitted quarterly.

   6.    Adopt Resolution No. 64,524–N.S. approving the revised funding allocations from the federal Department of Housing 
          and Urban Development (HUD) and the State Department of Community Services Development for Community
          Development Block Grant (CDBG) and Community Services Block Grant (CSGB) funding; allocating the increased
          CDBG funding of $5,689 to the Housing Trust Fund; and allocating the increased CSBG funding of $16,592 to Building
          Opportunities for Self Sufficiency (BOSS) Harrison House and Multi-Agency Services Center programs to address
          health and safety issues at these facilities.

   7.     The City Manager’s recommendation to add five Voluntary Days Off (VTO) days to the City’s VTO schedule.

   8.     The City Manager’s recommendation to set aside $700,000 in Housing Trust Funds for possible allocation to the 
           Berkeley Housing Authority pending the completion of the appropriate allocation process.

   9.     Mayor Bates’ recommendation to approve the intent to generate new revenues totaling $1.59 million in 2010 and
           $2.64 million in 2011.

   10.    Mayor Bates’ recommendation to Allocate $170,000 to new recurring expenses:

           a.  RISE at $45,000

           b.  Berkeley Convention & Visitors’ Bureau for Berkeley-based Filmmaker grants at $25,000

           c.  City of Berkeley Public Health Division partnership with Lifelong Medical Care Inc. for Hypertension Clinic at
                $100,000.

   11.    Mayor Bates’ recommendation to reserve the remainder of new revenues until we receive a budget review in the fall
            and we analyze the impact of the State Budget on our city services.

   12.    Mayor Bates’ recommendation to defer decisions on other Council budget referrals until we have fully assessed the
            impact of the state budget on our city services and infrastructure.

   13.    Adopted Resolution No. 64,525–N.S. approving a new schedule of fines for parking violations and late payment
            penalties, generally increasing fines by $5.00 per citation as amended to include the following clause; WHEREAS,
            Should the State of California provide full funding to the City of Berkeley, the City will no longer need the revenue
            from the increased fines and the City will reduce parking fines accordingly;
and rescinding Resolution 64,385-N.S.
            and all amendments thereto, effective October 1, 2009. 

   14.     Adopted first reading of Ordinance No.7,102-N.S. adopting the FY 2010 Annual Appropriations Ordinance (AAO) in 
             the amount of $382,659,412 (gross appropriations) and $333,355,332 (net appropriations).  Second reading 
             scheduled for July 7, 2009.

   15.     Adopted first reading of Ordinance No. 7,103-N.S. amending Berkeley Municipal Code Sections 2.50.010, 2.50.020,
             2.50.030, 2.50.040, 2.50.050, 2.50.060, 2.61.020, 2.62.010, 2.62.020, 2.62.030, and 2.60.040 to reflect
             organizational changes.  Second reading scheduled for July 7, 2009.

   16.     Adopted Resolution No. 64,526-N.S. establishing the appropriations limit at $173,028,088 for FY 2010 pursuant to
             Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Vote: All Ayes.

Action: Division of question for Councilmember Moore’s recommendation to allocate one-time funding totaling $80,000 for the following:

  • East Bay Community Scholarship Fund - $10,000
  • Options’ Recovery Services -  $44,000
  • Berkeley Boosters - , $10,000 for
  • Telegraph Avenue LastSunday Fest - $6,000
  • Youth Spirit - $10,000

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Noes: Bates.

 

Recess: 9:43 p.m. – 9:49 p.m.

Action Calendar - Presentation

41. Presentation: Aquatic Park Improvement Plan - Environmental Analysis (Time estimate – 10 minutes) (pdf)
Aquatic Park Improvement Plan-Supplemental (pdf)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: 4 Speakers.  Presentation made and discussion held.

Information Reports

42. Preparations for Census 2010 (pdf) 
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000
Action:  Received and filed.

43. Update on Medi-Cal Mental Health Audit (pdf) 
From: City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Received and filed.

44. Status Update: Implementation of FUND$ Change Management Audit Recommendations (pdf)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

45. Dog Use at Great Stone Face Park (pdf) 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

46. Audit Update: Association of Sports Field Users (ASFU) Contract at Harrison Park Fields (pdf)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

47. List of Street Trees (pdf)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

48. Audit Plan for Fiscal Year 2010 (pdf)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda –0

Adjourned at 10:56 p.m. in honor of Ted Vincent and Non-Violent Iranian Protestors.

Communications (pdf)

UC Berkeley 2020 Long Range Development Plan
1.   Emily Marthinsen

International Food Festival Sound Concerns
2.   Carol Denney (2)

Code Enforcement Concerns
3.   Maxina Ventura –  Referred to City Manager by Councilmember Arreguin.
4.   Barbara Gilbert – Referred to City Manager by Councilmember Arreguin.

Refuse Recycling
5.   Marie Bowman

Soft Story Ordinance and AB 280
6.   Disaster & Fire Safety Commission – Referred to City Manager by Councilmember Arreguin.

School Truancy
7.   Barbara Gilbert

Library Barcode System
8.   Joan Levinson

Refuse Rate Increase
9.   Giovanna Brennan
10.  Kent Lewandowski, on behalf of the Sierra Club Northern Alameda County Group

A Commuter-Benefit Ordinance
11.  Rick Fernandez, on behalf of AC Transit– Referred to City Manager by Councilmember Worthington. .

Supplemental Communications and Reports 1(pdf) 

Item 5: Lease Agreements for 2134 Martin Luther King Way and 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street

  • Revised materials, submitted by City Manager’s Office (see agenda item)

Item 6: Lease Agreement for Grove Street Recreation Center Site (Oregon Street Gym)

  • Revised materials, submitted by City Manager’s Office (see agenda item)

Item 12: Sweatshop Free Ordinance
12.  Wendy Alfsen

  • Twenty-nine (29) “in support of” form letters (On file and available for viewing in City Clerk’s Office)

Item 32: Develop Specific Recommendations For the City's Sound Ordinance to Better Accomplish the City's Goals for the Downtown
13.  Carol Denney

Item 38: ZAB Appeal: 651 Addison Street
14.  Stephen Wollmer

Item 40: FY 2010 & FY 2011 Biennial Budget Adoption

  • Revised materials, submitted by City Manager’s Office (see agenda item)

15.  Jason Oringer, on behalf of Workers United

Item 41: Presentation: Aquatic Park Improvement Plan - Environmental Analysis

  • To be delivered report, submitted by Parks, Recreation & Waterfront (see agenda item)

Supplemental Communications and Reports 2 (pdf) 

Item 12: Sweatshop Free Ordinance
16.  Cynthia Johnson

  • Seven (7) “in support of” form letters (On file and available for viewing in City Clerk’s Office)

Item 32: Develop Specific Recommendations For the City's Sound Ordinance to Better Accomplish the City's Goals for the Downtown

  • Revised materials, submitted by Councilmember Moore, District 2 (see agenda item)

Item 38: ZAB Appeal: 651 Addison Street
17.  Stephen Wollmer

Item 40: FY 2010 & FY 2011 Biennial Budget Adoption
18.  Phil Kamlarz, City Manager
19.  Marie Bowman
20.  Beatrice Barrigher

Item 41: Presentation: Aquatic Park Improvement Plan - Environmental Analysis

  • Presentation and supplemental materials, submitted by Parks, Recreation & Waterfront (see agenda item)

21.  Lisa Stephens
22.  Lee Trampleasure
23.  Phillip Price, on behalf of the Golden Gate Audubon Society

Bevatron Accelerator
24. Unknown