Regular Meeting Annotated Agenda
May 17, 2011

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, May 17, 2011
7:00 P.M.
Council Chambers - 2134 Martin Luther King Jr. Way
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:02 p.m.  All present.

Ceremonial Matters: 
1.  Poetryfest
2.  Public Works Week

City Manager Comments: 
1.  Mobile Health Van will be at McGee and Oregon streets from 10:00am to 12:00pm on May 21st providing free blood pressure checks as well as promoting healthy homes.

2.  Student move-out: From May 2 to June 5 City staff will work with the U.C. Chancellor's office, student leaders, ASUC, and co‑ops to address the issues of illegal dumping. It's been a very successful program and that will pick up about 171 tons of rubbish this year.

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 2 speakers.

Consent Calendar

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

1.   An Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 Abatement of Nuisances Ordinance;
2.   An Ordinance amending BMC Chapter 1.26 Violations Declared Public Nuisance Ordinance;
3.   An Ordinance amending BMC Chapter 9.80 Tobacco Retailers Ordinance;
4.   An Ordinance amending BMC Chapter 15.12 Hazardous Materials and Wastes Management Ordinance; and
5.   An Ordinance amending BMC Chapter 20.67 Alcohol Product Advertising Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted first reading of Ordinance No. 7,172-N.S.; Ordinance No. 7,173-N.S.; Ordinance No. 7,174-N.S.; Ordinance No. 7,175-N.S. and Ordinance No. 7,176-N.S.  Second readings scheduled for May 31, 2011.

2. Amendments to the Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gathering or Other Similar Events Ordinance, Chapter 13.48 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.48 Loud or Unruly Parties, Gathering or Other Similar Events Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted first reading of Ordinance No. 7,177-N.S.  Second reading scheduled for May 31, 2011.
 
3. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meeting of April 26, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

4. 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 - $1,474,873
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

5. Contract No. 7009 Amendment: 2M Associates for the Bay Trail Extension Project NEPA Process (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7009 with 2M Associates of Berkeley to prepare environmental documents and technical studies in order to complete the National Environmental Quality Act (NEPA) review process for the first segment of the Bay Trail Extension project in an amount not to exceed $24,000, and extending the term through December 31, 2012.
Financial Implications: Various Funds - $24,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,268–N.S.

6. Contract No. 7470 Amendment: 2M Associates for Berkeley Tuolumne Camp Master Development Plan (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 with 2M Associates to develop the Berkeley Tuolumne Camp Master Development Plan and environmental review documents by adding $27,049 for a total amount not to exceed $102,049, for a term ending on December 31, 2011.
Financial Implications: Playground Camp Fund- $175,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,269–N.S.

7. Contract: PBSJ, Inc. for CEQA Environmental Impact Report for Aquatic Park Improvement Program (APIP) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PBSJ, Inc., an Atkins Company, to complete the CEQA environmental review process for the Aquatic Park Improvement Program (APIP) in an amount not to exceed $137,044 for the term ending June 30, 2012.
Financial Implications: Parks Tax Fund - $137,044
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,270–N.S.

8. Grant Application: Proposition 84 Statewide Park Round Two Grant Program: James Kenney Park Rejuvenation Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the submittal of a City of Berkeley Application for the Proposition 84 competitive Statewide Park Round Two Grant Program for the James Kenney Park Rejuvenation Project.
Financial Implications: $5 million (grant revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,271–N.S.

9. License Agreement: Berkeley Partners for Parks for Tool Storage at Aquatic Park (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Berkeley Partners for Parks ("BPFP") and its partner group, Aquatic Park EGRET ("EGRET") to use the City's storage container at 699 Potter Street in Berkeley Aquatic Park for a six month term beginning February 1, 2011 to July 31, 2011, and including any required hold-over period up to January 31, 2012.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,272–N.S.

10. Contract No. 8565 Amendment: Redgwick Construction Company for 9th Street Bicycle Boulevard Extension Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8565 with Redgwick Construction Company for the 9th Street Bicycle Boulevard Extension Project, increasing the contract by $175,000 for a total amount not to exceed $734,130.
Financial Implications: Various Funds - $734,130
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,273–N.S.

11. Contract: FY 2011 Marina Float Replacement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving specifications for FY 2011 Marina Float Replacement Project 11-10562-C;
2.   Accepting the bid of Bellingham Marine Industries, Inc.; and
3.   Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved specifications, for an amount not to exceed $657,066, for the period of 120 calendars days from the date of the execution of the contract.
Financial Implications: Marina Operations/Maintenance Fund - $657,066
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,274–N.S.

12. Purchase Order: Golden State Fire Apparatus, Inc. for One Type III Wildland Fire Engine (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue a purchase order for Golden State Fire Apparatus, Inc. in an amount not to exceed $348,912 for one Type III Wildland fire engine and equipment for use in fighting urban/wildland interface fires.
Financial Implications: Equipment Replacement Fund - $348,912
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,275–N.S.

Council Consent Items

13. Unsecured Loan to BOSS for Predevelopment Costs for Harrison House (PDF)
From: Mayor Bates and Councilmember Maio
Recommendation: Adopt a Resolution authorizing the City Manager to execute an unsecured loan of $97,000 from the General Fund to Building Opportunities for Self-Sufficiency (BOSS) for the purpose of funding certain predevelopment costs for improvements at Harrison House and approving the appropriation of the loan from the General Fund reserves.
Financial Implications: Loan from General Fund - $97,000
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,276–N.S.
 
14. Promoting Berkeley's Arts and Culture (PDF)
From: Councilmember Capitelli
Recommendation: Direct the City Manager to work with the City Attorney to develop specific criteria for the installation of banners in the public right of way in order to promote arts and culture in the City of Berkeley.
Financial Implications: Unknown staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Approved recommendation.

15. Eighth Annual Berkeley World Music Festival (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation designating June 4, 2011 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.

16. Support AB 764, Allowing Taxpayers to Voluntarily Contribute to the Victim-Witness Assistance Fund on Their Tax Return (PDF)
From: Councilmember Worthington
Recommendation: Support Assembly member Swanson’s AB 764 allowing an individual taxpayer to voluntarily designate on the tax return, a specified amount in excess of the tax liability be transferred to the Victim-Witness Assistance Fund, for community based organizations that serve minor victims of human trafficking.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

17. Use of Online Payment for Visitor Parking Permits (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the use of online payment for visitor parking permits.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

18. Use of Facebook for Reporting 311 Service Requests (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the use of Facebook for reporting 311 Service Requests and Community Outreach for Council members.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

19. Pacific Center: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington, Arreguin, Anderson and Moore
Recommendation: Adopt a Resolution approving the expenditure of up to $2,500 to the Pacific Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $2,500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,277–N.S. revised to include Councilmember Anderson - $500, and Councilmember Arreguin - $250.

20. Support the Rank-and-File International Longshore and Warehouse Union Against Pacific Maritime Association’s Threatening Court Tactics (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution to support the Rank-and-File International Longshore and Warehouse Union (ILWU) against Pacific Maritime Association's court suit.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,278–N.S.

Recess: 7:33 p.m. – 8:01 p.m.


Action Calendar – Public Hearing

Fiscal Year 2012 and Fiscal Year 2013 Proposed Budget Presentation (PDF)
From: City Manager
Recommendation: Conduct a public hearing regarding the FY 2012 and FY 2013 proposed budget.
Financial Implications: See FY 2012 and FY 2013 Proposed Biennial Budget (from May 3, 2011 Worksession)
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Public Testimony: The Mayor opened the public hearing. 33 speakers.  M/S/C (Moore/Worthington) to close the public hearing.
Action: Presentation made and discussion held.

22. ZAB-LPC Certification: 1125 University Avenue (PDF)
Supplemental Agenda Material (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 1 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 2 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 3 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 4 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 5 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 6 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 7 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 3, Part 8 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 1 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 2 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 3 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 4 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 5 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 5, Part 6 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 7, Part 1 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 7, Part 2 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 1 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 2 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 3 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 4 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 5 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 6 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 7 (PDF)

ZAB-LPC Certification: 1125 University Avenue - Att 9, Part 8 (PDF)

From: City Manager
Recommendation: Conduct public hearings and, upon conclusion, adopt a Resolution certifying the Environmental Impact Report (EIR) and approving Demolition Permit No. 10-40000015 to allow demolition of the existing West Branch Library, a City of Berkeley Structure of Merit, and Use Permit No. 10-10000045 to allow construction of a new branch library.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearings. 15 speakers.  M/S/C (Moore/Wengraf) to close the public hearings.

Action: M/S/C (Moore/Anderson) to adopt Resolution No. 65,279–N.S. certifying the Environmental Impact Report (EIR) and approving Demolition Permit No. 10-40000015 to allow demolition of the existing West Branch Library, a City of Berkeley Structure of Merit, and Use Permit No. 10-10000045 to allow construction of a new branch library.

Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

23. ZAB Certification: 1901 Russell Street (PDF)
ZAB Certification: 1901 Russell Street - Supplemental Agenda Material (PDF) 

Attachment 5 Part 1
Attachment 5 Part 2
Attachment 5 Part 3
Attachment 5 Part 4
Attachment 7 Part 1
Attachment 7 Part 2 
Attachment 7 Part 3
Attachment 7 Part 4
Attachment 7 Part 5
Attachment 7 Part 6
Attachment 7 Part 7
Attachment 7 Part 8
Attachment 7 Part 9
Attachment 7 Part 10
Attachment 7 Part 11 
Attachment 7 Part 12
Attachment 7 Part 13
Attachment 7 Part 14
Attachment 7 Part 15
Attachment 7 Part 16
Attachment 7 Part 17
Attachment 7 Part 18
Attachment 7 Part 19
Attachment 7 Part 20

From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution certifying the Environmental Impact Report (EIR) and approving Use Permit No. 10-10000031 to allow demolition of the existing South Branch Library and construction of a new branch library.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 15 speakers.  M/S/C (Moore/Maio) to close the public hearing.

Action: M/S/C (Anderson/Worthington) to adopt Resolution No. 65,280–N.S. certifying the Environmental Impact Report (EIR) and approving Use Permit No. 10-10000031 to allow demolition of the existing South Branch Library and construction of a new branch library.

Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Recess: 9:07 p.m. – 9:16 p.m.

24. Public Hearing: FY 2012 Street Lighting 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 February 2011, and authorize the levying of FY 2012 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Worthington) to close the public hearing.

Action: M/S/C (Maio/Arreguin) to adopt Resolution No. 65,281–N.S. confirming the assessments in the Engineer's Report, dated February 2011, and authorize the levying of FY 2012 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.

Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

25.   Public Hearing: FY 2012 City Fees
From: City Manager
Recommendation: Conduct a Public Hearing on the following fees and upon conclusion adopt Resolutions setting fees for the following:

a. Domestic Partnership Administrative Revisions and Fee Increase (PDF)
From: City Manager
Recommendation: Adopt a Resolution clarifying Domestic Partnership administrative procedures, increasing the fee to reflect current costs of operating the program, authorizing modifications to related forms to indicate effective date of filings, and rescinding Resolution No. 56,106-N.S.
Financial Implications: General Fund - $105 (Annual Revenue)
Contact: Deanna Despain, City Clerk, 981-6900

b. Fees: Environmental Health Division (PDF)
From: City Manager
Recommendation: Adopt a Resolution establishing fees for FY 2012 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, sections: 9.80.040, 11.12.040, 11.20.030, Section 11.28.040, 12.04.020, 12.04.030 and 13.40.090; and the California Health and Safety Code, sections: 114381, 116053, 119303; and rescinding Resolution No. 64,890-N.S.
Financial Implications: General Fund - $77,731 (Annual Revenue)
Contact: Beth Meyerson, Health Services, 981-5100

c. Fees: Senior Center Rental Fees (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Establishing external fees for facility rental rates for the Aging Services Division of the Housing & Community Services Department of $35 per hour, an increase of $15 per hour from the current fees of $20.  Increase kitchen use fee from $60 per event to $100.  Increase internal fees for facility rental rates to City of Berkeley departments and commissions to $30, an increase of $10 per hour from the current fees of $20.

2.   Rescinding Resolution No. 61,575-N.S.
Financial Implications: General Fund - $22,715 (Annual Revenue)
Contact: Jane Micallef, Housing, 981-5400

d. Fees: Marina Fee Increases for FY 2012 (PDF)
Revised Agenda Item (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Establishing a new rate schedule in the Marina increasing berth and skiff fees by up to 6.7%;
2.   Increasing Houseboat Live Aboard fees by 20% ($20);
3.   Increasing Monthly and Seasonal Small Boat Launch Ramp Fees by 20% ($5);
4.   Eliminating the Waiting List Fee;
5.   Establishing a special rate for limited access berths;
6.   Establishing new fees for Food and Merchandise Booths; and
7.   Establishing new discounts for Multiple Berth Rental; and
8.   Rescinding Resolution No. 64,457-N.S.

Financial Implications: Marina Fund - $192,120 (Annual Revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

e. Fees: Parks and Recreation Programs and Facilities (PDF)
From: City Manager
Recommendation: Adopt a Resolution to approve new fees and increase current fees for select recreation and marina education programs and facilities, and rescind Resolution No. 64,456-N.S. and Resolution No. 64,332–N.S. and all amendatory resolutions.
Financial Implications: Various Funds - $199,141 (Annual Revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

f. Fees: Toxics Management Division (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.   Establishing a revised fee schedule for the Toxics Management Division; and
2.   Amending Resolution No. 63,774-N.S.
Financial Implications: Certified Unified Program Agency Fund - Unknown
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Worthington) to close the public hearing.

a. Action:  M/S/C (Maio/Moore) to adopt: Resolution No. 65,282–N.S. clarifying Domestic Partnership administrative procedures, increasing the fee to reflect current costs of operating the program, authorizing modifications to related forms to indicate effective date of filings, and rescinding Resolution No. 56,106-N.S.
Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

b. Action:  M/S/C (Maio/Moore) to adopt Resolution No. 65,283–N.S. establishing fees for FY 2012 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, sections: 9.80.040, 11.12.040, 11.20.030, Section 11.28.040, 12.04.020, 12.04.030 and 13.40.090; and the California Health and Safety Code, sections: 114381, 116053, 119303; and rescinding Resolution No. 64,890-N.S.  
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates.  Noes: Wozniak.  Abstain: Wengraf.

The City Manager noted that he will return to Council with information about fee subsidies.

c. Action:  M/S/C (Wozniak/Moore) to adopt Resolution No. 65,284–N.S.

1.   Establishing external fees for facility rental rates for the Aging Services Division of the Housing & Community Services Department of $35 per hour, an increase of $15 per hour from the current fees of $20.  Increase kitchen use fee from $60 per event to $100.  Increase internal fees for facility rental rates to City of Berkeley departments and commissions to $30, an increase of $10 per hour from the current fees of $20.

2.   Rescinding Resolution No. 61,575-N.S.
Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

d. Action:  M/S/C (Maio/Moore) to accept a revised report. 

Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

M/S/C (Maio/Moore) to adopt Resolution No. 65,285–N.S.
1.   Establishing a new rate schedule in the Marina increasing berth and skiff fees by up to 6.7%;
2.   Increasing Houseboat Live Aboard fees by 20% ($20);
3.   Increasing Monthly and Seasonal Small Boat Launch Ramp Fees by 20% ($5);
4.   Eliminating the Waiting List Fee;
5.   Establishing a special rate for limited access berths;
6.   Establishing new fees for Food and Merchandise Booths; and
7.   Establishing new discounts for Multiple Berth Rental; and
8.   Rescinding Resolution No. 64,457-N.S.
Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None..

e. Action:  M/S/C (Moore/Maio) to adopt Resolution No. 65,286–N.S. approving new fees and increase current fees for select recreation and marina education programs and facilities, and rescinding Resolution No. 64,456-N.S. and Resolution No. 64,332–N.S. and all amendatory resolutions. 
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Noes: Wozniak.

The City Manager noted that he will return to Council with an analysis of non-resident fees.

f. Action:  M/S/C (Maio/Capitelli) to adopt Resolution No. 65,287–N.S.
1.   Establishing a revised fee schedule for the Toxics Management Division; and
2.   Amending Resolution No. 63,774-N.S.
Vote: Ayes – Maio, Moore Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.


Action Calendar – New Business

26. Borrowing of Funds and the Sale and Issuance of FY 2012 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $57,000,000 and the sale and issuance of Fiscal Year 2012 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar. Adopted revised Resolution No. 65,288–N.S. approving the borrowing of $50,000,000 and the sale and issuance of Fiscal Year 2012 Tax and Revenue Anticipation Notes.

Council Action Calendar

27. Support Senator Corbett’s SB 861 Prohibiting Public Contracts with Private Contractors of Conflict Minerals in the Congo (PDF)
From: Councilmember Worthington
Recommendation: Support SB 861 prohibiting public contracts with scrutinized private contractors of conflict minerals, as defined by the State Legislature.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Approved Councilmember Worthington’s recommendation to support SB 861 prohibiting public contracts with scrutinized private contractors of conflict minerals, as defined by the State Legislature.
Vote: Ayes: Maio. Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Abstain: Wozniak.
 
28. Support FRAC Act, H.R. 1084/S.587, and BREATHE Act, H.R. 1204 to Repeal the Fracking Exemption to the Safe Drinking Water Act and Require Disclosure of Chemicals Used in Fracking (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting the Fracturing Responsibility and Awareness of Chemicals Act (“FRAC Act”), H.R. 1084/S.587, and the Bringing Reductions to Energy's Airborne Toxic Health Effects Act (“BREATHE Act”), H.R. 1204 to repeal the fracking exemption to the Safe Drinking Water Act and require disclosure of chemicals used in fracking.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,289–N.S. supporting the Fracturing Responsibility and Awareness of Chemicals Act (“FRAC Act”), H.R. 1084/S.587, and the Bringing Reductions to Energy's Airborne Toxic Health Effects Act (“BREATHE Act”), H.R. 1204 to repeal the fracking exemption to the Safe Drinking Water Act and require disclosure of chemicals used in fracking.
Vote: Ayes: Maio. Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Abstain: Wozniak.

Information Reports

29. Status Report on Public Commons for Everyone Initiative (PCEI) (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Received and filed.
 
30. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

31. Update on Measure FF Civic Art Projects (PDF)
From: City Manager
Contact: Donna Corbeil, Library, 981-6100
Action:  Received and filed.

32. Building Permit Fee Deferral: 711 Harrison Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

33.   **Removed from agenda per City Manager and Rescheduled to June 7, 2011**Community Risk Reduction Plan (PDF)
From: Community Environmental Advisory Commission
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

34. Review of Oakland's Disability-Friendly Emergency Plan by the Commission on Disability, and the Disaster and Fire Safety Commission (PDF)
From: Commission on Disability
Contact: Paul Church, Commission Secretary, 981-6300
Action:  Received and filed.

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


Adjournment

Adjourned at 10:48 p.m.

Communications

Items 22 & 23: ZAB-LPC Certification: 1125 University Avenue and 1901 Russell Street
1.    Gene Bernardi

Pre-K Extended Day Programs
2.    Pablo Paredes – Referred to City Manager by Councilmembers Moore, Maio and Arreguin.

Supplemental Communications and Reports 1

Item 21: Fiscal Year 2012 and Fiscal Year 2013 Proposed Budget Public Hearing
3.    Kristy Feck

Items 22 & 23: ZAB-LPC Certification: 1125 University Avenue and 1901 Russell Street
4.    Mary Louise Gifford
5.    Patricia Kates
6.    Ted Rodriguez-Bell
7.    John & Janice Hayes
8.    Linda Deaktor
9.    Alyse Jacobson and Tom Mikkelsen
10. Susan Kupfer
11. Berkeley Council Watch
12. Peter Warfield

Items 25b: Fees: Environmental Health Division
13. Gordon Wozniak, District 8

Items 25c: Fees: Senior Center Rental Fees
14. Gordon Wozniak, District 8

Items 25d: Fees: Fees: Marina Fee Increases for FY 2012
15. Gordon Wozniak, District 8

Items 25e: Fees: Parks and Recreation Programs and Facilities
16. Gordon Wozniak, District 8

Item 26: Borrowing of Funds and the Sale and Issuance of FY 2012 Tax and Revenue Anticipation Notes
17. Gordon Wozniak, District 8


Supplemental Communications and Reports 2

Item 21: Fiscal Year 2012 and Fiscal Year 2013 Proposed Budget Public Hearing

18. Carole Marasovic (Publication from the US. Department of Health and Human Services available for viewing in the City Clerk’s Office)
19. Dianne Hamm
20. Martin Bourque

Items 22 & 23: ZAB-LPC Certification: 1125 University Avenue and 1901 Russell Street

21. Lori Kossowsky
22. Peter Warfield, on behalf of the Library Users Association
23. Judith Epstein

Item 25d: Fees: Marina Fee Increases for FY 2012

Berkeley Poetry Festival
24. Unknown

2305 Ward Street
25. Ethan Sprague