Regular Meeting eAgenda
June 22, 2010

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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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 22, 2010

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location: 1520 East Lakeshore Drive, Storm Lake, IA 50588

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 second reading of Ordinance No. 7,136–N.S. amending Berkeley Municipal Code (BMC) Section 1.04.080 regarding animal holding periods to conform to state law.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950

2.   FY 2011 Tax Rate: Neighborhood Branch Library Improvements Project GO Bonds-Election of November 2008 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,137–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

3.   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 second reading of Ordinance No. 7,138–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

4.   FY 2011 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,139–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

5.   FY 2011 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,140–N.S. setting the FY 2011 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

6.   Levying a Special Tax for FY 2011 to Fund the Provision of Library Services (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,141–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

7.   FY 2011 Tax Rate to Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,142–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

8.   FY 2011 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,143–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

9.   FY 2011 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,144–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

10.  FY 2011 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,145–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

11.  FY 2011 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,146–N.S. 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
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

12.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the June 1, 2010 City Council Meetings (special and regular) and the June 15, 2010 City Council Meeting (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

13.  Calling for a Consolidated General Municipal Election for November 2, 2010 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 2, 2010;
2.  Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election;
3.  Authorizing certain procedural and contractual actions; and
4.  Establishing policies for the filing of candidate statements of qualification.
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900

14.  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 - $1,309,500
Contact: Robert Hicks, Finance, 981-7300

15.  Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting the Annual Investment Report and renewing the delegation of authority to make investments to the Director of Finance.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

16.  Grant: Department of Homeland Security (DHS) Assistance to Firefighters Grant Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Department of Homeland Security (DHS) Assistance to Firefighters Grant Program in the amount of $219,225 to fund a Type III firefighting engine and equipment for use with fighting urban/wildland interface fires.
Financial Implications: Grant match: FY 2011 Equipment Replacement Fund - $146,150 or 40% of the total cost.
Contact: Debra Pryor, Fire, 981-3473

17.  Extending Contract No. 7992 with Easy Does It Services Through October 31, 2010 in Order to Continue to Provide Emergency Services for Berkeley Residents with Severe Physical Disabilities (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to extend the time period of the City's contract (No. 7992) with Easy Does It Services (EDI) through October 31, 2010 and add $293,843 for a total contract amount not to exceed $1,149,122.  The extension will allow for time to consult with the Commissions on Disability and Aging about the selection of an agency to provide Measure E Emergency Services for fiscal year 2011.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

18.  Contract No. 8082 Amendment: National Development Council (PDF)
From: City Manager
Recommendation:
Amend Contract No. 8082 with the National Development Council (NDC) for financial advisory services related to securing the New Markets Tax Credits (NMTC) financing for the Ed Roberts Campus (Campus), including ensuring the City’s interests are represented in NMTC budget negotiations, and for providing assistance in evaluating and monitoring the leasing and fundraising activities of the Ed Robert’s Campus since it started construction of the Campus in September 2008.  
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

19.  Grant Applications: Proposition 84 Nature Education Facilities Grant Program for Shorebird Nature Trail Project and Cesar Chavez Nature Trail Project (PDF)
From: City Manager
Recommendation:
1.  Adopt a Resolution approving the filing of an application for the Proposition 84 Nature Education Facilities Grant Program for the Shorebird Nature Trail Project in the amount of $1,200,000; and authorizing the City Manager or his designee to accept any resultant grant awards and enter into related grant agreements.
2.  Adopt a Resolution approving the filing of an application for the Proposition 84 Nature Education Facilities Grant Program for the Cesar Chavez Nature Trail Project in the amount of $900,000; and authorizing the City Manager or his designee to accept any resultant grant awards and enter into related grant agreements.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

20.  Rescind Resolution No. 64,916-N.S. and Adopt a Revised Resolution for Residential Parking Permit Program Modifications (PDF)
From: City Manager
Recommendation:
Rescind Resolution No. 64,916-N.S. adopted June 1, 2010 and adopt a revised Resolution deleting inapplicable language contained in the original resolution.  The original resolution included text relating to a resident petition, which would only apply for a resident initiated Residential Permit Parking (RPP) modification.  However, that language does not apply and is deleted from the new resolution because this was a Council initiated RPP modification which does not require a resident petition.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

21.  Contracts: On-Call Civil Engineering Services (PDF)
From: City Manager
Recommendation:
Adopt 4 Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with
1.  HDR Engineering, Inc. in an amount not to exceed $250,000;
2.  RMC Water and Environment in an amount not to exceed $250,000;
3.  Harris & Associates in an amount not to exceed $250,000;
4.  Wilsey Ham in an amount not to exceed $250,000  to provide On-Call Civil Engineering Services for sanitary sewer projects and various other city projects for a period of three years from July 1, 2010 to June 30, 2013 for a total amount not to exceed $1,000,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

22.  Purchase Order No. 78965: Inland Industrial Tire Company for Automobile and Truck Tires (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 78965 to Inland Industrial Tire Company by $16,182 for automobile and truck tires for a total of $116,182.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

23.  Oppose Governor Schwarzenegger's Proposed Budget Cuts to Child Care Services for California's Neediest Families (PDF)
From: Mayor Bates and Councilmembers Capitelli and Anderson
Recommendation:
Adopt a Resolution in opposition to the Governor Schwarzenegger's Budget Revision (May 2010) that proposes cuts to child care services for California's neediest families, and send copies of the resolution to the Office of the Governor, Senator Loni Hancock, Assemblywoman Nancy Skinner, and California Education Secretary Jack O'Connell.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

24.  Oppose Berkeley Bowl’s Management’s Effort to Reduce Employee Benefits and Decertify the Union (PDF)
From: Councilmembers Anderson, Moore, Arreguin and Worthington
Recommendation:
Oppose Berkeley Bowl’s management’s effort to reduce employee benefits and management’s efforts to decertify the union. 
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130

25.  Support of Assembly Bill 2743, Prohibiting the Requirement of Declawing or Debarking of Pets as a Condition of Tenancy (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution supporting Assembly Bill 2743, introduced by Assemblymember Pedro Nava, prohibiting property owners from requiring tenants to declaw or debark their pets as a condition of tenancy.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

26.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Berkeley Art Center (PDF)
From: Councilmember Capitelli
Recommendation:
Adopt a Resolution to approve the expenditure of $280 to the Berkeley Art Center with funds relinquished to the City's General Fund for this purpose from Councilmember Capitelli's discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $280
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

27.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Open Opera (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation:
Adopt a Resolution to approve the expenditure of $500 to Open Opera with funds relinquished to the City's General Fund for this purpose, $250 from Councilmember Capitelli's and $250 from Councilmember Wengraf's respective discretionary Council Office Budgets.
Financial Implications: Councilmembers' Discretionary Funds - $250 each
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

28.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds for Support of the Friends of Le Roy Steps (PDF)
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution to approve the expenditure of $500 to the Friends of Le Roy Steps with funds relinquished to the City's General Fund for this purpose from Councilmember Wengraf's discretionary account.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

29.  Oppose Budget Cuts for In-Home Supportive Services and Medi-Cal; Oppose Fingerprinting and Photographing of Elderly & Disabled IHSS Recipients and Unannounced Home Visits (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging Governor Schwarzenegger not to impose budget cuts to In-Home Supportive Services (IHSS) and Medi-Cal, and to retract his plan to submit elderly & disabled IHSS recipients to fingerprinting, photographing, and unannounced home visits.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

30.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Telegraph Business Improvement District (TBID) LastSundays Fest (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution to approve the expenditure of $1,000 to the Telegraph Business Improvement District with funds relinquished to the City's general fund for this purpose from Councilmember Worthington's discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $1000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

31.  City Sponsorship of the 2010 Telegraph LastSundays Fest (PDF)
From: Councilmember Worthington
Recommendation:
Co-sponsor the 2010 Telegraph LastSundays Fests in collaboration with the Telegraph Business Improvement Association.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

32.  Support the Enactment of the American Workers, State, and Business Relief Act of 2010 (H.R. 4213) (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging President Obama to sign the American Workers, State, and Business Relief Act of 2010 (H.R. 4213)
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

33.  Request to Schedule a Workshop to Discuss a Proposed Sunshine Ordinance (PDF)
From: Councilmembers Worthington and Wozniak
Recommendation:
Schedule a workshop to discuss previously proposed sunshine ordinances and submit a new Sunshine Ordinance proposal to Council.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

34.  Updating and Reissuing the Telegraph Area Crime Watch and Prevention Pamphlet (PDF)
From: Councilmember Worthington
Recommendation:
Refer the Telegraph Area Crime Watch and Prevention Pamphlet to the City Manager and Police Chief to update and reissue a new pamphlet to businesses, students and residents before August 20, 2010.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

35.  Support of US Armed Forces Safe, Orderly and Expeditious Redeployment from Afghanistan (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter of thanks to Senator Barbara Boxer for her co-sponsorship of S. 3197 and a second letter to Senator Dianne Feinstein asking for her to sign on as a co-sponsor to the bill.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Referral to City Manager: Recommend Changes to the Sidewalk Vending Code (PDF)
From: Councilmember Worthington
Recommendation:
Refer to the City Manager the recommended changes to the sidewalk vending code that the Telegraph Business Improvement District (TBID) has submitted.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

37.  Support of the California Regulate, Control, and Tax Cannabis Act of 2010 (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation:
Adopt a Resolution in support of the California Regulate, Control, and Tax Cannabis Act of 2010, which will appear on the November 2010 statewide ballot.
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 – 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.

38.  FY 2011 Street Light Assessments (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report, dated April 2010, and authorizing the levying of FY 2011 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

39.  Oppose Social Security and Medicare Solvency Commission Act (S. 276) (Continued from June 1, 2010) (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

40.  Opposing Arizona House Bill 2281, Banning Ethnic Studies (Continued from June 1, 2010) (PDF)
Revised materials (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

Action Calendar – New Business

41.  Budget Adoption (PDF)
a.   From: City Manager
Recommendation:
 
1.   Adopt a Resolution adopting the FY 2011 Mid-biennial Budget as contained in the City Manager’s FY 2011 Proposed Mid-biennial Budget Update, presented on May 4, 2010, and as amended by subsequent Council action.
2.   Schedule a workshop and possible action in late 2010, to review the impact of the State budget cuts and City revenue trends.
3.   Adopt a resolution authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2011, as reflected in Attachment 1, and as amended by Council
4.   Approve a loan not-to-exceed $4 million to the Refuse Fund to cover the fund deficit in FY 2011: $2 million from the Worker’s Compensation Fund and $2 million from the 1947 Center Street Facilities Fund.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

b.   Side Letters of Agreement – SEIU Local 1021 (PDF)
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement Side Letters of Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters and the Community Services and PTRLA Chapters to mitigate the full effects of a reduction in force for the first 8.5 months of Fiscal Year 2011.  The Side Letters of Agreement allow an employee to:  1) voluntarily reduce his or her work schedule to a 37.5 hour work week, or 2) voluntarily take time off without pay, or 3) for a few specific job classifications chose to accept an incentive to retire before November 30, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6805

c.   Side Letters of Agreement – Public Employees Union Local 1 (PDF)
Revised materials (PDF)
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement Side Letters of Agreement with Public Employees Union Local 1 to mitigate the full effects of a reduction in force for the first 10 months of Fiscal Year 2011.  The Side Letter of Agreement allows an employee to:  1) voluntarily take time off without pay or 2) to voluntarily reduce his or her work schedule to part time of not less than 85% time.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6805

d.   Mayor's Proposed FY 2011 Budget Recommendations (PDF)
From: Mayor Bates
Recommendation:
Adopt the City Manager's Proposed Budget for FY 2011 and refer the Council budget requests to the following processes:
1.  $30,000 for Berkeley Student Coop for Energy Efficiency Retrofits to be referred to the new Money for Energy Efficiency (ME2) rebate program.
2.  $44,000 for Options Recovery Services to be referred to the mid-year budget process after thorough analysis of the on-going impacts of State budget cuts and volatile realignment funds; and
3.  60 days after the passage of the State budget, the City Council will review the impacts, and if necessary, take additional measures to maintain a balanced budget.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

e.   Possible Pool Closures (PDF)
Supplemental materials (PDF)
From: Councilmembers Wozniak and Worthington
Recommendation:
Ask the City Manager to review the operating budget for all three neighborhood pools. If there is a budget shortfall that requires the closure of a neighborhood pool, he should institute a fair public process to determine which—if any pool—should be closed. No closures should occur until a fair and transparent public process has been completed. Additionally, we ask the City Manager to report back to Council about the feasibility of finding additional operating funds to keep the three neighborhood pools open through the summer.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

42.  FY 2011 Annual Appropriations Ordinance (PDF)
Recommendation: Adopt first reading of an Ordinance adopting the FY 2011 Annual Appropriations Ordinance (AAO) in the amount of $375,357,053 (gross appropriations) and $318,175,559 (net appropriations).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

43.  Appropriations Limit for FY 2011 (PDF)
Recommendation: Adopt a Resolution establishing the appropriations limit at $183,150,304 for FY 2011 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

44.  Disaster and Fire Safety Commission Report 2010
a.   
From: Disaster and Fire Safety Commission (PDF)
Recommendation: Ensure that the City continues to prepare for foreseeable disasters and their consequences as described in the detailed recommendations below:  -  Enforce,  Expand and Complete Residential Soft Story Program -  Enforce and Complete Unreinforced Masonry Building Program -  Augment Office of Emergency Services Funding -  Support Outreach to Under-Prepared Neighborhoods -  Limit Parking on Constricted Streets - Authorize "Neighborhood Walkabouts" to Identify Disaster Risks.
Financial Implications: See report
Contact: Sabina Imrie, Commission Secretary, 981-5502

b.   From: City Manager (PDF)
Recommendation: The City Manager refers the specific operational items in the Disaster and Fire Safety Commission report to the mid-year budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

45.  Pedestrian Master Plan Adoption and Approval of CEQA Document
a.   
From: Transportation Commission (PDF)
Recommendation: Adopt a Resolution to do the following:
1.  Adopt both the Berkeley Pedestrian Master Plan as an implementation measure of the General Plan Transportation Element, and the Plan's Initial Study/Mitigated Negative Declaration;
2.  Pursue additional staffing for the implementation of the Pedestrian Plan;
3.  Refer to the budget process an allocation of $170,000 annually from the General Fund for "Pedestrian Plan Implementation", similar to the Bicycle Plan Implementation fund; and
4.  Develop, within the next six months, a "Complete Streets" policy that guides integration of the Pedestrian Plan into all relevant municipal activities.
Financial Implications: See report
Contact: Farid Javandel, Commission Secretary, 981-6300

b.   From: City Manager (PDF)
Recommendation: Adopt a Resolution to do the following:
1.  Find that the Pedestrian Master Plan will not have a significant effect on the environment and adopt the Plan's Initial Study/Mitigated Negative Declaration,
2.  Adopt the Berkeley Pedestrian Master Plan,
3.  Pursue implementation of the Pedestrian Master Plan as funding permits, and
4.  Develop by FY 2012 a "Complete Streets" policy that guides integration of the Pedestrian Plan guidelines into projects as a cost-effective means for implementation.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

46.  Support if Amended Assembly Bill 2133, Exempting California Memorial Stadium from the Alquist-Priolo Earthquake Fault Zoning Act (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution to support Assembly Bill 2133, exempting California Memorial Stadium from the Alquist-Priolo Earthquake Fault Zoning Act if amended to clarify no increase of usage or human occupancy as defined by hours.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Information Reports

47.  Transmission of Annual Management Letter from Outside Auditors (PDF)
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100

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.

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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 June 17, 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 17:  Extending Contract No. 7992 with Easy Does It Services Through October 31, 2010 in Order to Continue to Provide Emergency Services for Berkeley Residents with Severe Physical Disabilities
1.    Norman Rabkin
2.    Nicholas Feldman (2)
3.    Amber Rhoden
4.    Charles Pappas
5.    Dominika Bednarska
6.    Maureen Donohoe
7.    Jesse Townley
8.    Aydan Aysoy
9.    Andy Donohoe
10. Flor de Maria Chahua

Item 44: Disaster and Fire Safety Commission Report 2010
11. Lisa Stephens,on behalf of the Rent Stabilization Board

Refuse Rates
12. Michael Walensky

Smart Meters
13. Phoebe Sorgen, on behalf of Alameda County Residents Concerned About Smart Meters (ACRCASM)
14. Maris Arnold

Cell Phone Radiation Levels
15. Merrilie Mitchell

Accident at Harmon & Adeline
16. Immanuel Alcala

Library Waiver to Contract with 3M
17. Andrea Segall