Regular Meeting eAgenda
June 14, 2011

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Note: 

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REVISED AGENDA

(ADDED CONTINUED ITEMS FROM JUNE 7, 2011)

 BERKELEY CITY COUNCIL MEETING

Tuesday, June 14, 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

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.  FY 2012 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,178-N.S. setting the FY 2012 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
First Reading Vote:  All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

2.  FY 2012 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. 7,179-N.S. setting the FY 2012 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0130%).
First Reading Vote:  All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

3. FY 2012 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,180-N.S. setting the FY 2012 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
First Reading Vote:  All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

4.  FY 2012 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,181-N.S. setting the FY 2012 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.012%.
First Reading Vote:  All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

5.  Downtown Berkeley Property and Business Improvement District (DPBID) Premium Area Parking Meter Hourly Rate Increase (PDF)
From: City Manager
Recommendation:
Adopt second readings of the following two Ordinances amending Berkeley Municipal Code (BMC) Chapter 14.52, Parking Meters to:
1.   Ordinance No. 7,182-N.S. to establish a premium parking zone within the Downtown Berkeley core and the area of highest intensity of use, comprised of approximately 750 parking spaces whose boundaries are University Avenue to Bancroft Way, and Oxford Avenue to Martin Luther King, Jr. Way.
2.   Ordinance No. 7,183-N.S. to increase the parking rate at multi-space pay-and-display (P&D) stations in the premium parking zone by 25¢ to $1.75 per hour, to be effective July 11, 2011, if the City Council approves the Downtown Parking Business Improvement District (DPBID) prior to that time.
First Reading Vote: Ayes: Maio, Moore, Arreguin, Worthington, Bates.  Noes: Capitelli, Wengraf, Wozniak.  Abstain: Anderson.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

6.  Donation: Berkeley Municipal Employees Association for Years of Service Celebration (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving acceptance of a donation from the Berkeley Municipal Employees Association (BMEA) in the amount of $8,824 for the Years of Service Program.
Financial Implications: General Fund - $8,824 (donation)
Contact: Christine Daniel, City Manager's Office, 981-7000

7.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of May 16, 2011 (special closed) and May 17, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

8.  FY 2012 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2012 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

9.  FY 2012 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2012 tax rate for the provision of emergency services for the disabled at $0.01195 (1.195 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

10.  FY 2012 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2012 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04271 (4.271 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $0.06464 (6.464 cents).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

11.  FY 2012 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2012 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1169 (11.69 cents) per square foot.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

12.  FY 2012 Tax Rate: Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting a special tax rate of $0.0312 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

13.  Levying a Special Tax for FY 2012 to Fund the Provision of Library Services (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance to set the FY 2012 tax rate for the Library Services Tax at $0.1655 (16.55 cents) per square foot for dwelling units and $0.2503 (25.03 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

14.  Residential and Commercial Refuse Collection Fees: FY 2012 Annual Inflator (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1. Increasing rates and fees for residential and commercial refuse collection by the Bay Area Consumer Price Index of 2.8%; and
2. Rescinding Resolution No. 64,917–N.S. effective July 1, 2011.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

15.  Updated List of Emergency Standby Officers for the Mayor and Councilmembers (PDF)
From: City Manager
Recommendation:
Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 64,805-N.S.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473

16.  Contract No. 6841 Amendment: United Pharmacy for the Provision of Prescription Psychiatric Medications (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6841 with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $30,000 for a total contract amount not to exceed $1,202,877 and to extend the expiration date to September 30, 2011.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100

17.  Calendar Year 2012-2013 Community Action Plan Submission (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or his designee to submit the 2012-2013 Community Action Plan to the State Department of Community Services and Development.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

18.  Donation: Agnes Reeves for Meals on Wheels Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation of $26,000 from the estate of Agnes Reeves to support the City of Berkeley Meals on Wheels Program.
Financial Implications: $26,000 (Donation)
Contact: Jane Micallef, Housing, 981-5400

19.  Grant: Measure B Paratransit Revenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving the Measure B Program Plan for paratransit services; and
2.  Authorizing the City Manager to receive funds and execute any agreements and amendments with the Alameda County Transportation Improvement Authority (ACTIA) for the renewal of Measure B annual pass-through funds estimated to be in the amount of $169,460 for use during FY 2012.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

20.  Dell Computers, Inc.: Using Western States Contracting Alliance Pricing for Computer Hardware and Software Purchases (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to issue purchase orders for computer hardware, software, and related services from Dell Computer Inc., utilizing pricing and contracts from the Western States Contracting Alliance (WSCA) for the period of July 1, 2011 to June 30, 2016, for an amount not to exceed $550,000 per year.
Financial Implications: Various Funds - $550,000 per year
Contact: Donna LaSala, Information Technology, 981-6500

21.  4th of July 2011 Celebration Co-Sponsorship (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to co-sponsor the 4th of July celebration at the Berkeley Marina.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

22.  Contract: Silverado States, Inc. for Bus Service for Echo Lake and Teen Camp (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Silverado Stages, Inc. to provide bus transportation for Echo Lake and Teen Camp programs for a not-to-exceed total amount of $75,000 over a three year period, contingent upon annual budget appropriations.
Financial Implications: Various Funds - $75,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

23.  Contract No. 6672C Amendment: Kahn/Mortimer Associates for Planning Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6672C with Kahn/Mortimer Associates for planning services, increasing the contract amount by $25,356 for a total not-to-exceed amount of $106,000, and increasing the hourly rate from $100/hour to $125/hour.
Financial Implications: General Fund - $25,356
Contact: Dan Marks, Planning and Development, 981-7400

24.  SB 375: Sustainable Communities Strategy Initial Vision Scenario (PDF)
From: City Manager
Recommendation:
Approve and send to Association of Bay Area Governments/Metropolitan Transportation Commission the comment letter on the SB 375 Sustainable Communities Strategy Initial Vision Scenario.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

25.  Contract No. 7185F Amendment: Design, Community, and Environment for Additional Construction Administration Services for the East Touchdown Plaza and the Animal Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7185F with Design, Community, and Environment (DC&E) for additional landscape and civil engineering construction administration and design services on the East Touchdown Plaza and Animal Shelter projects, in an amount of $75,144 for a total revised contract amount not to exceed $500,696 and maintaining the contract term through December 31, 2011.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

26.  Contract No. 8456 Amendment: Alan Kropp and Associates, Inc. for Additional Geotechnical Services for the Animal Shelter and East Touchdown Plaza (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8456 with Alan Kropp and Associates, Inc. (AKA) for additional geotechnical services on the new Animal Shelter and East Touchdown Plaza, in an amount of $15,731 for a total revised contract amount not to exceed $60,632 and extending the contract term through December 31, 2011.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

27.  Budget Proposal; Berkeley Adult School; and State Budget Cuts (PDF)
From: Commission on Aging
Recommendation:
 
1.   Accept the City Manager's budget proposal which includes reorganizing Aging Services, and to explore early retirement incentives to minimize negative impacts to staff; and
2.   Inform the Berkeley Unified School District Budget committee that further cuts to offsite lifelong learning of the Berkeley Adult School will decimate a program serving our communities most vulnerable seniors, many of whom have no other resources; and
3.   Send a letter to Governor Jerry Brown asking that the state budget not be balanced by cuts to the social services safety net which is critical to low-income seniors and people with disabilities who wish to remain living independently in their home and community.
Financial Implications: See report
Contact: Kelly Wallace, Commission Secretary, 981-5400

28.  State Budget Cut Impacts on People with Disabilities and the Elderly (PDF)
From: Commission on Disability
Recommendation:
Send a letter to Governor Jerry Brown asking that the state budget not be balanced by cuts to the social service safety net which is critical to people with disabilities who wish to remain independent and in their own home.
Financial Implications: No direct fiscal impact
Contact: Paul Church, Commission Secretary, 981-6300

29.  Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code (PDF)
From: Planning Commission
Recommendation:
Adopt first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code (BMC) to streamline zoning permit requirements for certain business activities likely to encourage economic activity.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

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 – Continued Business

A.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance in the Next 30 Days (Continued from June 7, 2011) (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: Refuse Collection Disposal - $77,250
Contact: Robert Hicks, Finance, 981-7300

B.   Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065 (Continued from June 7, 2011) (PDF)
From: Councilmembers Arreguin, Moore and Worthington
Recommendation:
1. Adopt first reading of an Ordinance establishing Berkeley Municipal Code (BMC) Section 22.20.065 to authorize the adoption of an affordable housing mitigation fee for rental housing projects.
2. Direct the City Manager to prepare a resolution to adopt an affordable housing impact fee, looking at a range between $15,000 to $28,000 per unit, and come back to Council by July 19, 2011 with a proposed resolution.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar – Old Business

30.  Support AB 889 Employment Rights for Domestic Care Workers (PDF) (Continued from May 31, 2011)
From: Councilmembers Worthington and Arreguin
Recommendation: Support AB 889 establishing employment rights for domestic care workers, including but not limited to: overtime pay, a maximum weekly hour cap, annual wage increases tied to the Consumer Price Index, and worker's compensation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

31.  City Council Comments on FY 2012 & FY 2013 Budget
From: Mayor and City Council
Recommendation: Provide comments on the FY 2012 and FY 2013 City Budget.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

a.  Budget Referral: Persian Festival (PDF)
From: Councilmember Arreguin
Recommendation:
Refer the following to the budget process: A request for $2,500 to help fund the Persian Festival, and consider making this event an annually funded City event.
Financial Implications: Budget Referral - $2,500
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

b.  Budget Referral and Co-Sponsorship: Downtown Berkeley MusicFest (PDF)
From: Councilmember Arreguin
Recommendation:
 
1.  Refer the following to the budget process: A request for $2,500 to help fund the Downtown Berkeley MusicFest, and consider making this event an annually funded City event. 
2.  Adopt a Resolution approving City of Berkeley co-sponsorship of the Downtown Berkeley MusicFest to be held from August 19-28, 2011.
Financial Implications: Budget Referral - $2,500
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

c.  Budget Referral: Berkeley Boosters (PDF)
From: Councilmembers Arreguin, Wozniak, Moore and Anderson
Recommendation:
Refer the following to the budget process: A request for $11,888 to the FY 2012/2013 Budget Process for Berkeley Boosters.
Financial Implications: Budget Referral - $11,888
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140l

d.  Budget Referral: EBAYC-R.I.S.E Program at Berkeley High School (PDF)
From: Councilmember Arreguin
Recommendation:
Refer the following to the budget process: A request for $22,191 to the FY 2012/2013 Budget Process for Funding of EBAYC-R.I.S.E. (East Bay Area Asian Youth Center - Responsibility, Integrity, Strength, Empowerment) Program at Berkeley High School.
Financial Implications: Budget Referral - $22,191
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

e.  Referral: Warm Pool and All Four Pools Next Steps (PDF)
From: Councilmembers Worthington and Moore
Recommendation:
Refer to the City Manager consideration of:
1. Preparation of a report encompassing research into best practices at therapeutic Warm Pools and recommendations for a new Berkeley Warm Pool; and
2. Pre-bond planning for all pools, including project budgeting and graphic presentation.
Financial Implications: Approximately $25,000 per contract
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

f.  Allocating $90,000 from Childcare Mitigation Funds to Save BUSD 9.5 Hour Extended Day Pre-K Classrooms (PDF)
From: Councilmembers Arreguin and Capitelli
Recommendation:
Approve the allocation of $90,000 from childcare mitigation funds over the following three years to fund the continuation of several BUSD 9.5 hour Extended Day Pre-K classrooms.  Childcare funds used for Extended Day Pre-K classrooms can only be spent on providing Pre-K for low-income Berkeley families.
Financial Implications: $90,000
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

g.  Authorizing Submission of Concept Proposal for $2.4 Million from California Strategic Growth Council Urban Greening Program (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a concept proposal for $2.4 million in funding from the California Strategic Growth Council Urban Greening for Sustainable Communities Program for the Strawberry Creek Plaza on Center Street.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

h.  Improving the Fiscal Health of the Refuse Fund (PDF)
From: Councilmember Moore
Recommendation:
Refer to the City Manager to explore the following ways to improve the financial health of the refuse fund:
1.   Notify the companies with which the City currently has franchise agreements that the city will be reassessing whether it will continue these franchise agreements in the future.
2.   Minimize the number of franchise agreements in which the City enters.
3.   Enforce the terms of the current franchise agreements
4.   Restrict the type and number of businesses from which franchised haulers can solicit business.
5.   Require companies that collect refuse within the City of Berkeley to dump at Berkeley's transfer station.
6.   Develop a mechanism to verify that the franchised haulers are accurately reporting all revenue and/or tonnage of rubbish collected in the City of Berkeley.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120

32.  Funding Reservation: Housing Trust Fund (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving the following allocations from the Housing Trust Fund (HTF):
a. Resources for Community Development (RCD) - $890,000 in HOME funds for the acquisition and rehabilitation of 47 units of family housing at University Avenue Cooperative Housing (UA Co-op);
b. Affordable Housing Associates (AHA) - $60,000 in HOME CHDO funds for operating expenses connected to the initial lease-up, construction punch list monitoring, final financial compliance reporting and closeout of the Harmon Gardens supportive housing development for homeless youth (15 units); and
c. RCD - $60,000 in CDBG for operating expenses connected to the development and UA Homes and UA Co-op).
2.   Waiving the project selection requirements of the Housing Trust Fund Guidelines in order to approve the above funding reservations.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

33.  2010 Census: Redistricting Process and Timeline (PDF)
Supplemental materials
From: City Manager
Recommendation:
Approve the schedule and process for the adjustment of City Council district boundaries following the decennial census as provided for in Berkeley City Charter Article V, Section 9.
Financial Implications: None
Contact: Christine Daniel, City Manager's Office, 981-7000

34.  Contract No. 8219-A Amendment: Ecology Center (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Contract No. 8219-A with the Ecology Center, reducing the contract amount by $2,416,938 for a new not to exceed amount of $34,718,739 for the term January 1, 2010 through June 30, 2020.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

35.  Review City Fuel Contract

a.  From: Community Environmental Advisory Commission (PDF)
Recommendation: Direct that the City Manager review the City’s biodiesel contract with Western States Oil for the following:
1.   Whether the Oil Price Information Service (OPIS) index is the best standard for pricing biodiesel to achieve the best pricing for the City.
2.   Whether the current supplier has a conflict of interest because one of their consultants could have influence over the price standard.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b.  From: City Manager (PDF)
Recommendation:
1.    That staff analyze whether the Oil Price Information Service (OPIS) Rack pricing as currently utilized is the most appropriate process standard for pricing biodiesel to achieve the best pricing for the City.
2.    That staff determine whether the current supplier’s consultant has any impact on the price the City has paid for biodiesel due to his posting on the OPIS Rack index.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

36.  H.R. 607 "Broadband for First Responders Act of 2011"

a.  Opposing HR 607, the Broadband for First Responders Act of 2011 (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation:
Request the City Clerk send letters to Congresswoman Barbara Lee and Senators Boxer and Feinstein stating the Berkeley City Council's concerns with H.R. 607, the "Broadband for First Responders Act of 2011," and requesting that they do not support the measure unless it is amended to preserve public access to the radio bands 420-440 MHz and 450-470 MHz.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

b.  Response to H.R. 607 "Broadband for First Responders Act of 2011" (PDF)
From: Disaster and Fire Safety Commission
Recommendation:
Oppose H.R. 607 in its present form, and communicate this opposition to the House representative for Berkeley, Barbara Lee, for action.
Financial Implications: Minimal staff time
Contact: Sabina Imrie, Commission Secretary, 981-3473

c.  Response to H.R. 607 "Broadband for First Responders Act of 2011" (PDF)
From: City Manager
Recommendation:
Support H.R. 607 “Broadband for First Responders Act of 2011” with amendments to remove the auction of 420-440 MHz and 450-470 MHz bandwidths from the bill and communicate this position to Congresswoman Barbara Lee (D-Oakland).
Financial Implications: Minimal staff time
Contact: Debra Pryor, Fire, 981-3473

Council Action Calendar

37.  Declare the Topp Twins as Honorary Citizens of the City of Berkeley (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation Declaring the Topp Twins as Honorary Citizens of the City of Berkeley
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

38.  22 Roble Road: Certify LPC Decision for Review, Certify ZAB Action for Review and Set Public Hearing for July 19, 2011 (PDF)
Revised materials
From: Councilmember Wozniak
Recommendation:
Request that the City Council:
1.   Certify of the Landmark Preservation Commission's (LPC) June 2, 2011 action regarding Landmark designation No.10-40000019, for the McDuffie House at 22 Roble Rd, for review by the Council,
2.   Certify the Zoning Adjustments Board's (ZAB's) June 9, 2011 action regarding Administrative Use Permit (AUP) No. 10-20000121 to allow the renovation and addition to the residence at 22 Roble Road, and
3.   Put these items on the Council's agenda for a public hearing at the July 19, 2011 Council meeting.
Financial Implications: None
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Information Reports

39.  Status Report on Easy Does It (EDI) Emergency Services Contract (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

40.  Report on Employee Safety and Workers' Compensation (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

41.  Tentative Tract Map 8019: 1525 Harmon Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

42.  Status Report: Equipment Replacement Fund - Sustainability and Transparency (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

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 2, 2011.

 Deanna Despain, City Clerk

Communications (PDF)

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.

H.R. 607 “Broadband for First Responders Act of 2011”

1.    Robert Carleton