Regular Meeting eAgenda
June 1, 2010

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 1, 2010

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only:
The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   Amendment to Ordinance Counting Saturday as a Business Day For Animal Holding Periods, BMC Section 1.04.080 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 1.04.080 regarding animal holding periods to conform to state law.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

2.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the May 18, 2010 regular City Council Meeting.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

3.   Contract No. 6268 Amendment: ImageSource, Inc. - Enterprise Content Management System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment with ImageSource, Inc. for payment of annual maintenance and software assurance for an Enterprise Content Management System for a period of two years from July 1, 2010 to June 30, 2012 in an amount not to exceed $120,000 for a new total contract amount of $840,000.
Financial Implications: General Fund - $120,000
Contact: Deanna Despain, City Clerk, 981-6900

4.   Assessment: North Shattuck Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving the FY 2010 Report of the North Shattuck Business Improvement District (NSBID);
2.  Declaring Council's intention to levy an annual assessment for the NSBID for FY 2011; and
3.  Scheduling a public hearing for July 13, 2010 to consider levying a renewed assessment for FY 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

5.   Assessment: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution
1.  Approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2010,
2.  Declaring an intention to levy special assessments in the District for FY 2011
3.  Scheduling a public hearing on this topic for July 13, 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

6.   Assessment: Elmwood Theater Business Improvement Area for FY 2010 and Renewal of Assessments for FY 2011 (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 2010;
2.  Declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2011; and
3.  Setting a public hearing on the levy of assessments for July 13, 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

7.   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 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 - $4,250,000
Contact: Robert Hicks, Finance, 981-7300

8.   Notice of Appropriations Limit for Fiscal Year 2011 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2011 at its meeting of June 22, 2010; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk Department on or before June 7, 2010.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

9.   Temporary Appropriations FY 2011 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2010, until the effective date of the FY 2011 Annual Appropriations Ordinance.
Financial Implications: See Annual Appropriations Ordinance.
Contact: Robert Hicks, Finance, 981-7300

10.  FY 2011 Tax Rate: Neighborhood Branch Library Improvements Project GO Bonds-Election of November 2008 (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.013%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

11.  FY 2011 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0130%).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

12.  FY 2011 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

13.  FY 2011 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

14.  Levying a Special Tax for FY 2011 to Fund the Provision of Library Services (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
Adopt an Ordinance to set the FY 2011 tax rate for the Library Services Tax at $0.1609 (16.09 cents) per square foot for dwelling units and $0.2434 (24.34 cents) per square foot for industrial, commercial, and institutional buildings.  Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

15.  FY 2011 Tax Rate to Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting a special tax rate of $0.0303 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

16.   FY 2011 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for funding all improvements for the maintenance of parks, City Trees, and Landscaping in the City of Berkeley at $0.1137 (11.37 cents) per square foot.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

17.  FY 2011 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for the provision of emergency services for the disabled at $0.01162 (1.162 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

18.  FY 2011 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04154 (4.154 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $.06286 (6.286 cents).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

19.  Accepting $54,001 in Department of Energy Weatherization Assistance Program (DOE WAP) Funds (PDF)
From: City Manager
Recommendation:
Adopt a Resolution
1.  Authorizing the City Manager or his designee to execute a contract with the California Department of Community Services and Development in order to receive a grant in the amount of $54,001 from the U.S. Department of Energy Weatherization Assistance Program for the period of June 30, 2010 to June 30, 2011 in order to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; and
2. Authorizing the City Manager to designate a representative to sign the required fiscal and programmatic reports to the State of California and the U.S. Department of Energy.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

20.  Shelter Plus Care Program Renewal Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the City Manager's execution of Shelter Plus Care renewal grant number CA0121C9T020802 and amending Resolution No. 64,808-N.S. which authorized the City Manager to execute the renewal grant agreement with the U.S. Department of Housing and Urban Development for the incorrect grant amount.  The resolution incorrectly stated the award amount for the Supportive Housing Network as $117,648 instead of $125,088.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

21.  Grant: Measure B Paratransit Revenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving the Measure B Program Plan for paratransit services;
2.  Authorizing the City Manager to take any other actions required to execute an agreement with the Alameda County Transportation Improvement Authority (ACTIA) in the amount of $146,648 for Measure B annual pass-through funds for use during FY 2011;
3.  Authorizing the City Manager to apply for stabilization funding authorized by ACTIA in an amount up to $16,294 if and when conditions are met making Berkeley eligible for these funds.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

22.  Contract No. 7722 Amendment- Milliman, Inc. (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722 with Milliman, Inc. (hereinafter “Milliman”) by increasing expenditure authority in an amount not to exceed $40,000 for a total contract amount of $129,999 through June 30, 2011 for actuarial services pertaining to retiree medical benefit plans.
Financial Implications: General Fund - $40,000
Contact: David Hodgkins, Human Resources, 981-6800

23.  Contract No. 6893B Amendment: Nexus IS - Telephone Equipment Warranty (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6893B with Nexus IS for an extended telephone equipment warranty, increasing the amount by $60,000, for a total contract amount not to exceed $350,000 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

24.  Contract No. 5864B Amendment: Granicus Video Streaming Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 5864B with Granicus, Inc. for video streaming and archiving services, increasing the amount by $50,800 for a total contract amount not to exceed $234,800, and extending the term through June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

25.  Contract No. 5089F Amendment: AMS.NET - Computer Networking (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 5089F with AMS.NET for computer networking hardware acquisition, installation, and maintenance, increasing the amount by $125,000, for a total contract amount not to exceed $894,000, and extending the term to June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

26.  Contract No. 7167: FUND$ Software Maintenance (PDF)
From: City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend Contract No. 7167 and any amendments with SunGard Public Sector (formerly SunGard HTE) for maintenance and support of the City’s FUND$ system, increasing the amount by $135,000 for a total contract amount not to exceed $665,000 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

27.  Contract: East Bay Conservation Corps/Civicorps Schools - Hazardous Vegetation Removal Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with East Bay Conservation Corps/Civicorps Schools (EBCC) in an amount not to exceed $95,000 for the first year and a total of $505,000 pending the approval of future budgets, for the term of June 1, 2010 through September 30, 2013, with options to extend for up to two 12-month periods.
Financial Implications: Parks Tax Fund - $505,000 over five years
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

28.  Status Report: 2020 Vision - Work Plan and Pilot Projects (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to support the 2020 Vision Phase I Work Plan and the 2010 pilot projects.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

29.   Purchase Order No. 79993: WECO Industries for Truck Mounted TV Van and Trailer Flusher (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 79993 to WECO Industries by $55,485 for one truck mounted TV van and trailer flusher for a total of $105,485.
Financial Implications: Equipment Replacement Fund - $55,485
Contact: Claudette Ford, Public Works, 981-6300

30.  Contract No. 6475 Amendment: City CarShare for Fleet Vehicle Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to 1) amend Contract No. 6475 with City CarShare for the continuation of the City Fleet Carsharing Program, including the AccessMobile and Plug-In Hybrid Electric Vehicle pilot programs; 2) increase the contract by $182,500 for a total amount not to exceed $800,500 through December 31, 2011; and 3) direct the City Manager to establish a cost allocation program for implementation starting January 2011 which would charge each department direct costs for use of the Carsharing Program.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

 Council Consent Items

31.  Proclamation Honoring Reid's Records for 65 Years of Service to Berkeley (PDF)
From: Councilmembers Anderson and Worthington
Recommendation:
Adopt a proclamation recognizing Reid's Records for 65 years of service to Berkeley.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130

32.  Urging the Inclusion of the Uniting American Families Act in the Comprehensive Immigration Reform Bill (PDF)
From: Councilmembers Arreguin and Maio
Recommendation:
Adopt a Resolution urging the inclusion of the Uniting American Families Act in the Comprehensive Immigration Reform Bill.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

33.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Berkeley Pacific Center (PDF)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation:
Adopt a Resolution to approve the expenditure of up to $1000 to the Berkeley Pacific Center with funds relinquished to the City’s General Fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget and up to $250 from Councilmember Arreguin’s and Councilmember Moore’s discretionary Council Office Budget.
Financial Implications: No General Fund impact; $1000 is available from Councilmember Worthington’s and up to $250 from Councilmember Arreguin’s and Councilmember Moore’s Council Office Budget.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

34.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Partners for Parks for the Exclusive Use to Fund Berkeley Path Wanderers (PDF)
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution to approve the expenditure of up to $250 to the Berkeley Partners for Parks to sponsor Berkeley Path Wanderers with funds relinquished to the City’s General Fund for this purpose from Councilmember Wengraf’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $250
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

35.  Written Moratorium on Contract Enforcement About Vacations/Sick Time for Small Business Owners at Telegraph/Channing Garage (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a written moratorium on contract enforcement that would only apply to vacations/sick time for small business owners at Telegraph/Channing Garage, until the City Manager puts forth permanent modifications to the lease agreements to address this unintended consequence.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Seventh Annual Berkeley World Music Festival (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution proclaiming June 5th, 2010 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

37.  Support Americans with Disabilities Act Campaign (PDF)
From: Councilmember Worthington
Recommendation:
Acknowledges the spirit of the Americans with Disabilities Act by signing on to the ADA Campaign.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

38.  Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission (PDF)
From: Councilmember Worthington
Recommendation:
Refer to the Energy Commission a city response to Smart Meter problems and preparation of a letter to the California Public Utilities Commission, including an investigation of the PG&E Smart Meter program, requirement of PG&E to submit a characterization study of the system planned to the City, requirement of PG&E to allow customers to 'opt out' of the program without repercussions, as well as an immediate moratorium on the disposal, recycling, or permanent alteration of old PG&E meters and call for consideration of a moratorium on the further installation of PG&E Smart Meters.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

39.  Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize City Manager to Fly the Rainbow Flag for the Rest of June (PDF)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation:
Adopt a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the city of Berkeley and authorize City Manager to fly the rainbow flag for the rest of June.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

40.  ZAB Appeal: 3022 Harper Street, Administrative Use Permit No. 09-20000069 (PDF)
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000069 that would legalize the construction of a 28-ft. long, 12-ft. wide garage with an average height of 10-ft., 5-in., that is within 4-ft. of a side property line and within 75-ft. of the front property line.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communications
1.    Kirkendoll
2.    Oppenheimer

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

41.  Residential Preferential Parking Program Modifications to Residential Blocks near Trader Joe’s Store (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution approving modification to the Residential Preferential Parking (RPP) Program in order to preserve adequate on-street parking for residents in the vicinity of the new Berkeley Trader Joe’s store. The modification will consist of restricting parking for selected blocks on one side of the street to allow only vehicles displaying permits for the designated RPP Area; while parking on the other side will stay as is with RPP and 2-hour visitor parking. This modification will be limited to the already designated RPP blocks within 1,000 feet of the grocery store entrance

The blocks affected are as follows:
•     Berkeley Way: 1700, 1800, and 1900 blocks (McGee Avenue to Milvia Street)
•     Addison Street: 1800 block (Grant Street to Martin Luther King, Jr. Way)
•     Bonita Avenue: 1900 block (Hearst Avenue to University Avenue)
•     Grant Street: 1900 and 2000 blocks (Hearst Avenue to Addison Street)

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

b.  Communications
1.    Mark Hartman
2.    Carol Clarke
3.    Judy Stamps
4.    Stephen Wollmer
5.    Jennifer Cherniss
6.    Regan Richardson
7.    Jim Bost
8.    Michael and Susie Kossa Rienzi
9.    Julie Snyder
10. L A Wood

42.  Budget Public Hearing #2 (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing regarding the FY 2011 proposed budget. 
Financial Implications: See May 4, 2011 Proposed FY 2011 Budget Report.
Contact: Tracy Vesely, Budget Manager, 981-7000

43.  Budget - Council Recommendations
From: Mayor and Council
a.   Refer $44,000 to the FY 2010/2011 Budget Process for Options’ Recovery Services to Hire a Case Manager/Housing and Benefits Coordinator (PDF)
From: Councilmembers Arreguin, Moore, Anderson and Wozniak
Recommendation: Refer $44,000 to the FY 2010/2011 budget process for Options' Recovery Services to hire a Case Manager/Housing and Benefits Coordinator.
Financial Implications: $44,000
Contact: Jesse Arreguin, Councilmember, District 4, 971-7140

 b.   Budget Referral: Berkeley Student Cooperative (PDF)
From: Councilmembers Wozniak and Worthington and Mayor Bates
Recommendation:
Refer the following budget request to the budget process: A one-time request for $30,000 to energy retrofit a 2nd Berkeley Student Cooperative (BSC) residence. The energy saving will be used to enable the BSC to meet the Measure G 2020 interim goal of reducing its Greenhouse Gas emissions by 33%.
Financial Implications: $30,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

44.  Refuse Collection Fees: Residential and Commerical Rates Inflator Increase for FY 2011 (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and, upon conclusion, adopt a Resolution to:
1.  Increase rate and fees for residential and commerical refuse collection by the Bay Area Consumer Price Index of 1.72%;
2.  Consolidate some related fees;
3.  Correct omissions that were inadvertently made to refuse collection regulations in 2009; and
4.  Rescind Section 1-11 of Resolution No. 64,543-N.S. and Section 3 of Resolution No. 64,575-N.S. effective July 1, 2010.
Financial Implications: This increase in basic collection rates is projected to generate an additional $370,000 for the Refuse Fund in FY 2011.
Contact: Claudette Ford, Public Works, 981-6300
 
Action Calendar – Old Business 

45.  Fee Increase: Development-related Services Provided by Planning and Development (Continued from May 18, 2010) (PDF)
Revised materials (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Rescinding Resolution No. 64,077-N.S., and
2.   Establishing the fee schedule for the Permit Service Center (PSC) fund for development-related services provided by the Planning and Development Department.
Financial Implications: Revenue: $794,010
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business
 

46.   FY 2011 Budget Related Reports
a.   
FY 2011 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2011 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

b.   Borrowing of Funds and the Sale and Issuance of FY 2011 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the borrowing of $50,000,000 and the sale and issuance of Fiscal Year 2011 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

47.  New Markets Tax Credit Financing for Ed Roberts Campus (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:
1.  Authorizing the City Manager or his designee to execute the necessary documents related to the New Markets Tax Credits (NMTC) financing for the Ed Roberts Campus (ERC) project once ERC has met certain conditions; and
2.  Authorizing the City Manager to grant back $490,000 to the ERC, which is the identical amount that ERC will pay the City pursuant to the City’s transfer tax ordinance.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

48.  Stimulus Money for Energy Efficiency: Energy Efficiency and Conservation Block Grant Retrofit Rebate Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to disburse up to a total amount not to exceed $516,185 in the form of rebates and grants for energy efficiency improvements and designating the eligibility requirements and standards for the Federal Stimulus funded suite of Money for Energy Efficiency programs, which will provide rebates and mini-grants for energy audits and improvements for Berkeley residents and property owners.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Council Action Items

49.  Opposing Arizona House Bill 2281, Banning Ethnic Studies (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution opposing Arizona House Bill 2281, which bans ethnic studies in public schools.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

50.  Oppose Social Security and Medicare Solvency Commission Act (S. 276) (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging Senator Feinstein to withdraw this damaging bill or amend it to benefit the important needs of our senior citizens and people with disabilities and to send letters to Senator Boxer and Congresswoman Lee asking them to please oppose S. 276.
|Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Information Reports

51.  Investment Report: Quarter Ended March 31, 2010 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

52. **Removed from Agenda by City Manager**2009 Alameda Countywide Homeless Count Results
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

53.  Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

54.  FUND$ Report (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

55.  Making On-Line City Council Broadcasts More Widely Accessible on Computer and Portable Devices (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

56.  Update: Implementation of FUND$ Change Management Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500


 Public Comment – Including Items Not Listed on the Agenda –

Adjournment

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

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

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

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

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Please refrain from wearing scented products to this meeting.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 27, 2010.

 Deanna Despain, City Clerk


 Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 38: Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission
1.    Phoebe Sorgen, on behalf of Alameda County Residents Concerned About Smart Meters (ACRCASM)

2707 Rose Street
2.    Frederick Wyle

Commissioner Dacey
3.    Joe DeCredico