Regular Meeting Annotated Agenda
June 22
, 2010

Printer-friendly PDF* annotated agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

 
~~~~~~~~~~~~~~~~~~~~~

ANNOTATED 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


Preliminary Matters

Roll Call: 7:00 p.m.  Councilmember Worthington absent.  Councilmember Worthington present at 7:12 p.m.

Ceremonial Matters: 

  1. Poulet
  2. Maudelle Shirek’s 99th Birthday.

City Manager Comments: None

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 11 speakers.
 
Consent Calendar
 
Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:
 
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
Action: Adopted second reading of Ordinance No. 7,136–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,137–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,138–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,139–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,140–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,141–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,142–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,143–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,144–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,145–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,146–N.S.
 
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
Action:  Approved minutes as submitted.
 
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
Action:  Adopted Resolution No. 64,923–N.S.
 
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
Action:  Approved recommendation.
 
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
Action:  Adopted Resolution No. 64,924–N.S.
 
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
Action:  Adopted Resolution No. 64,925–N.S.
 
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
Speakers: 9
Action:  Moved to Action Calendar.  M/S/C (Worthington/Anderson) to adopt Resolution No. 64,926–N.S. revised to extend Contract No. 7992 with Easy Does It Services (EDI) through December 31, 2010 and request that the City Manager Return by October 31, 2010 with a status update.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.
 
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
Action:  Adopted Resolution No. 64,927–N.S.
 
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
Action:  Adopted Resolution No. 64,928–N.S. and Resolution No. 64,929-N.S.
 
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
Speakers: 0
Action:  Moved to Action Calendar.  M/S/C (Arreguin/Moore) to adopt Resolution No. 64,930–N.S.  City Manager to consider amnesty for parking tickets received within the first week of program implementation.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None;  Recused: Maio.
 
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
Action:  Adopted Resolution No. 64,931–N.S. (HDR Engineering); Resolution No. 64,932–N.S. (RMC Water); Resolution No. 64,933-N.S. (Harris & Associates.) and Resolution No. 64,934–N.S. (Wilsey-Ham).
 
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
Action:  Adopted Resolution No. 64,935–N.S.

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, Anderson and Maio
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
Action:  Adopted Resolution No. 64,936–N.S.
 
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
Speakers: 2
Action:  Moved to Action Calendar.  M/S/C (Anderson/Arreguin) to adopt Resolution No. 64,937–N.S. reflecting the following revision in the fifth WHEREAS clause:
WHEREAS: Berkeley Bowl is engaging in classic anti-union activity including firing, threats and coercion, which mirror the worst union busting tactics, in an effort to deny employees’ ability to have a fair voice in the conditions of their employment; and…
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain: - Wozniak. 
 
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
Action:  Adopted Resolution No. 64,938–N.S.
 
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
Action:  Adopted Resolution No. 64,939–N.S.
 
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
Action:  Adopted Resolution No. 64,940–N.S.
 
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
Action:  Adopted Resolution No. 64,941–N.S.
 
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
Action:  Approved recommendation.
 
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
Action:  Adopted Resolution No. 64,942–N.S.
 
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
Action:  Adopted Resolution No. 64,943–N.S.
 
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
Action:  Approved recommendation.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington, Wozniak, Bates.  Abstain: Capitelli and Wengraf.
 
33. Request to Schedule a Workshop to Discuss a Proposed Sunshine Ordinance (PDF)
From: Councilmembers Worthington, Wozniak, Arreguin and Wengraf
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
Action:  Approved recommendation.
 
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
Action:  Approved recommendation.
 
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
Action:  Approved recommendation.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Abstain: Capitelli
 
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
Action:  Approved recommendation.
 
37. Support of the California Regulate, Control, and Tax Cannabis Act of 2010 (PDF)
From: Councilmembers Worthington, Arreguin, Anderson and Moore
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:  Adopted Resolution No. 64,944 –N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Abstain: Capitelli
 
Action Calendar – Public Hearing
 
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
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Maio) to close the public hearing.
Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,945–N.S. 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.
Vote:  Ayes:  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes:  None.
 
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
Action: Continued to July 6, 2010.
 
40. Opposing Arizona House Bill 2281, Banning Ethnic Studies (Continued from June 1, 2010) (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
Speakers: 0
Action: M/S/C (Arreguin/Moore) to adopt Resolution No. 64,946–N.S. opposing Arizona House Bill 2281, which bans ethnic studies in public schools revised to reflect the following:
  • Title to read, “Calling for the Repeal of Arizona House Bill 2281, Banning Ethnic Studies”
  • Fifth whereas clause to read, “WHEREAS, HB 2281 is an unfortunate bill that prohibits public schools from including courses or classes which are designed primarily for pupils of a particular ethnic race; and advocate ethnic solidarity instead of the treatment of pupils as individuals.
  • Seventh whereas clause to read, “WHEREAS, banning Ethnic Studies is a step backwards in promoting the understanding and appreciation of American history and diversity.
  • Removal of eighth whereas clause.
  • Now therefore resolved clause to read, “NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it hereby opposes Arizona House Bill 2281, which aims to ban ethnic studies in Arizona public schools and limits the opportunity for Arizona school children to become aware and understand the diversity of the society in which they live and interact; and
  • BE IT FURTHER RESOLVED that the City of Berkeley urges the Arizona State Legislature to repeal HB 2281; and
  • BE IT FURTHER RESOLVED that copies of this resolution be sent to Arizona Governor Jan Brewer and State Superintendent of Public Instruction Tom Horne.
 
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington.  Noes: Capitelli, Bates.  Abstain: Wozniak.

 
Action Calendar – New Business
 
41.   Budget Adoption 
a. From: City Manager (PDF)
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.
 
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 9 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)
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 Agenda Material (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

Speakers: 62

Action: M/S/C (Arreguin/Anderson) to adopt the following:
a. Resolution No. 64,947–N.S. 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.
  • Schedule a workshop and possible action in late 2010, to review the impact of the State budget cuts and City revenue trends.
  • 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
  • Approving 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
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes:  None.
 
b.   Resolution No. 64,948–N.S. 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 9 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.
Vote: Ayes:  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes: None.
 
c.   Resolution No. 64,949–N.S. 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.
Side Letter revised to include the following clarification: Employees’ seniority service dates are not affected by taking VTO or a 37.5 work week.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes:  None.
 
d.   Approve Councilmembers Worthington and Wozniak’s recommendation to transfer $44,000 within the proposed City Budget only from District 7 or 8 Street Repair funding to fund the Options Recovery Program.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Abstain: Bates.
 
e.   Approve the transfer of $10,000 within the proposed City Budget from the City’s lease with Bayer to fund Youth Spirit Artworks.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Maio.
 
Action: (M/S/C) Capitelli/Wengraf) to suspend the Rules of Procedure and extend the meeting to 11:30 p.m.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes:  None.
 
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
Speakers: 0
Action:  M/S/C (Maio/Capitelli) to adopt first reading of Ordinance No. 7,147–N.S. adopting the FY 2011 Annual Appropriations Ordinance (AAO) in the amount of $375,357,053 (gross appropriations) and $318,175,559 (net appropriations). Second reading scheduled for June 29, 2010.
Vote:  Ayes:  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes:  None. 
 
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
Action: Moved to Consent Calendar. Adopted Resolution No. 64,950–N.S. 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.
 
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
Speakers: 0
Action: M/S/C (Capitelli/Worthington) to approve the City Manager’s recommendation to refer 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.
City Manager to refer items at the budget update workshop in late 2010.
 
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
Action: Moved to Consent Calendar. Adopted Resolution No. 64,951–N.S.:
1.   Finding 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.   Adopting the Berkeley Pedestrian Master Plan,
3.   Pursue implementation of the Pedestrian Master Plan as funding permits, and
4.   Develop a "Complete Streets" policy by FY 2012 that guides integration of the Pedestrian Plan guidelines into projects as a cost-effective means for implementation.
 
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
Action: Removed from Agenda.
 
Information Reports
 
47. Transmission of Annual Management Letter from Outside Auditors (PDF)
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100
Action:  Received and filed.
 
Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjournment: 11:28 p.m. in memory of Margo Norman.

Communications (PDF)
 
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 – Referral to City Manager by Councilmember Arreguin.

Supplemental Communications and Reports 1 (PDF)
 
Item 2: FY 2011 Tax Rate: Neighborhood Branch Library Improvements Project GO Bonds-Election of November 2008 
18. Susan Kupfer, Board of Library Trustees
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
19. Blane Beckwith
Item 33: Request to Schedule a Workshop to Discuss a Proposed Sunshine Ordinance
20. Dean Metzger
Item 41e: Possible Pool Closures
21. Henry Sobel
22. Ignacio Dayrit
23. Victoria Peirotes
24. Doug Buckwald
Item 46: Support if Amended Assembly Bill 2133, Exempting California Memorial Stadium from the Alquist-Priolo Earthquake Fault Zoning Act
25. Joan Barnett, on behalf of the Dwight/Hillside Neighborhood Association
26. Garniss Curtis and Georgia Wright, on behalf of Save Strawberry Canyon
27. Mark Humbert, on behalf of the Claremont Elmwood Neighborhood Association
28. Caleb Dardick, on behalf of UC Berkeley, Office of the Chancellor
29. Marie Bowman, on behalf of Berkeley Alliance Neighborhood Associations
30. Doug Buckwald
 

Supplemental Communications and Reports 2 (PDF)

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

31. Jesse Townley
Item 24: Oppose Berkeley Bowl’s Management’s Effort to Reduce Employee Benefits and Decertify the Union
32. Dan Kataoka
Item 40: Opposing Arizona House Bill 2281, Banning Ethnic Studies
  • Revised materials, submitted by Jesse Arreguin, District 4 (see agenda item)
Item 41c: Side Letters of Agreement – Public Employees Union Local 1
  • Revised materials, submitted by Human Resources (see agenda item)
Item 41e: Possible Pool Closures
  • Supplemental materials, submitted by Kriss Worthington, District 7 and Gordon Wozniak, District 8 (see agenda item)
Item 46: Support if Amended Assembly Bill 2133, Exempting California Memorial Stadium from the Alquist-Priolo Earthquake Fault Zoning Act
33. Doug Buckwald
FY 2011 Street Program
34. Phil Kamlarz, City Manager