Regular Meeting Annotated Agenda
June 14, 2011

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ANNOTATED AGENDA
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

Preliminary Matters

Roll Call: 7:14 p.m.  Absent – Councilmember Arreguin.  Councilmember Arreguin present at 7:15 p.m.

Ceremonial Matters

  1. Recognition of Ariel Parkinson
  2. Recognition of Amateur Radio Week
  3. Recognition of LGBTQ Pride Month
  4. Recognition of Maudelle Shirek Day, June 14, 2011
  5. Recognition of Shirley Richardson Brower

City Manager Comments:

  1. City has sold $50 million in bonds at a low rate due to high credit rating and excellent management by Bob Hicks, Finance Director.
  2. Juneteenth Celebration is Saturday, June 26 in South Berkeley.
  3. A Call for Artists has been issued for the utility box art project in the Downtown.
  4. Recognition of the efforts of SEIU 1021 Maintenance & Clerical and Unrepresented Employees for agreeing to salary cost savings and pension reform measures.

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 8 speakers.

Consent Calendar

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

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
Action: Adopted second reading of Ordinance No. 7,178–N.S.
 
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
Action: Adopted second reading of Ordinance No. 7,179–N.S.

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
Action: Adopted second reading of Ordinance No. 7,180–N.S.

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
Action: Adopted second reading of Ordinance No. 7,181–N.S.

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
Action: Adopted second reading of Ordinance No. 7,182–N.S. and Ordinance No. 7,183–N.S.

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
Action:  Adopted Resolution No. 65,321–N.S.

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
Action: Approved minutes as submitted

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
Action:  Adopted first reading of Ordinance No. 7,185–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted first reading of Ordinance No. 7,186–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted first reading of Ordinance No. 7,187–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted first reading of Ordinance No. 7,188–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted first reading of Ordinance No. 7,189–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted first reading of Ordinance No. 7,190–N.S.  Second reading scheduled for June 28, 2011.

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
Action:  Adopted Resolution No. 65,322–N.S.

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
Action:  Amended Resolution to include Henk Boverhuis as the 3rd Standby Officer for Councilmember Wengraf. Adopted Resolution No. 65,323–N.S.

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
Action:  Adopted Resolution No. 65,324–N.S.

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
Action:  Adopted Resolution No. 65,325–N.S.

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
Action:  Adopted Resolution No. 65,326–N.S.

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
Action:  Adopted Resolution No. 65,327–N.S.

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
Action:  Adopted Resolution No. 65,328–N.S.

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
Action:  0 speakers. Moved to Action Calendar. City Manager will return to Council in advance of the 2012 4th of July event to provide cost estimates and information about coordinating with neighboring cities. Adopted Resolution No. 65,329–N.S.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

Absent: Councilmember Worthington 8:20 p.m. – 8:24p.m.  Councilmember Maio 8:19 p.m. – 8:23 p.m.

22. Contract: Silverado Stages, 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
Action:  Adopted Resolution No. 65,330–N.S.

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
Action:  Adopted Resolution No. 65,331–N.S.

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
Action: 4 speakers.  Moved to Action Calendar. Approved recommendation with the following additions, 1) staff to add text regarding University housing, and 2)  Councilmembers Maio, Capitelli, and Arreguin to review letter on behalf of Council prior to sending.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

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
Action:  Adopted Resolution No. 65,332–N.S.

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
Action:  Adopted Resolution No. 65,333–N.S.

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
Action: Approved recommendation.

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
Action: Approved recommendation.

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:  3 speakers.  Moved to Action Calendar.  Adopted first reading of Ordinance No.7,191 –N.S.  Second reading scheduled for June 28, 2011. Directed staff to return with return with new revisions pursuant to Council comments.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain - Arreguin.


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
Action: Removed from Agenda by the City Manager.

 

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: 0 speakers. Adopted first reading of Ordinance No.7,192–N.S with the following amendments, 1) strike Section 1, and 2) renumber Section 3 to Section 2.  Second reading scheduled for June 28, 2011.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – Wengraf; Abstain – Capitelli, Wozniak.

Recess: 9:14 p.m. – 9:25 p.m.


Action Calendar – Old Business

30. Support AB 889 Employment Rights for Domestic Care Workers (Continued from May 31, 2011) (PDF)
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: No action taken.

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, 981-7140
 
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

Action: M/S/C (Maio/Arreguin) to accept supplemental material regarding the budget from Councilmember Worthington and City Staff for consideration.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: 31 speakers. M/S/C (Worthington/Maio) to refer the following items to the budget process at the June 28, 2011 City Council meeting:

a. Councilmember Arreguin’s recommendation to 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.

b. Councilmember Arreguin’s recommendation to 

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.

c. Councilmembers Arreguin, Wozniak, Moore and Anderson’s Recommendation to refer the following to the budget process: A request for $11,888 to the FY 2012/2013 Budget Process for Berkeley Boosters.

d. Councilmember Arreguin’s recommendation to 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.

e. Councilmembers Worthington and Moore’s recommendation to 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.

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

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
Action: Held over to July 12, 2011 by Councilmember Arreguin.  Staff to provide Resolution for allotment of funds.

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
Action: Removed from Agenda by Councilmember Arreguin.

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

Action: 0 speakers.  M/S/C/ (Moore/Worthington) to adopt the item with the following revisions:

1) Recommendation #1 revised to state, “Notify the companies with which the City currently has franchise agreements that the city will be issuing a notice of cancellation for the current franchise agreements.”

2) Refer Recommendations 2-6 to the City Manager including analysis on cancellation requirements, increasing the franchise fee, requiring franchisees to weigh at Transfer Station, and the cost for the city to assume collection of current franchise customers in the future.

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

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
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,334–N.S.

33. 2010 Census: Redistricting Process and Timeline (PDF)
Supplemental Agenda Material (PDF)
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
Action: M/S/C (Worthington/Arreguin) to accept supplemental material from staff regarding the redistricting timeline.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: M/S/C (Worthington/Bates) to approve the City Manager’s recommendation to approve the process and revised schedule for the adjustment of City Council district boundaries following the decennial census as provided for in Berkeley City Charter Article V, Section 9 with the provision that staff hold a public meeting to educate students and other citizens about the process.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

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
Action: M/S/C (Worthington/Moore) to adopt Resolution No. 65,335–N.S. 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.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

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
Action: Moved Item 35b. City Manager Recommendation to Consent Calendar.

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
Action: Moved Item 36.c. City Manager Recommendation to Consent 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
Action: M/S/C (Worthington/Moore) to revise the recognition to declare a Topp Twins Day at a later date.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – Wengraf, Wozniak; Abstain – Capitelli.
 
 
22 Roble Road Revised Agenda Material (PDF)
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
Action: M/S/C(Worthington/Maio) to accept revised material from Councilmember Wozniak for Item 38.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Action: Moved to Consent Calendar with revisions as submitted.  Adopted Resolution No. 65,336–N.S.


Information Reports

39. Status Report on Easy Does It (EDI) Emergency Services Contract (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.
 
40. Report on Employee Safety and Workers' Compensation (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

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

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

Public Comment – Including Items Not Listed on the Agenda – None


Adjournment

Adjourned at 10:58 p.m. in the memory of Carolyn Marks and Esther Mae Bell.


Communications

Item 36: H.R. 607 “Broadband for First Responders Act of 2011”
1.    Robert Carleton


Supplemental Communications and Reports 1

Item 4: FY 2012 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election
2.    Karl Reeh, on behalf of the LeConte Neighborhood Association

Item 14: Residential and Commercial Refuse Collection Fees: FY 2012 Annual Inflator
3.    Berkeley Council Watch
4.    Gordon Wozniak, District 8

Item 27: Budget Proposal; Berkeley Adult School; and State Budget Cuts
5.    Wendy Weikel

Item 29: Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code
6.    Gordon Wozniak, District 8

Item 30: Support AB 889 Employment Rights for Domestic Care Workers
7.    Gordon Wozniak, District 8

Item 31: City Council Comments on FY 2012 & FY 2013 Budget
8.    Homeless Commission
9.    Cecile Leneman

Item 31e: Referral: Warm Pool and All Four Pools Next Steps
10. Estelle Jelinek
11. Mary Ann Brewin
12. Simi Litvak

Item 33: 2010 Census: Redistricting Process and Timeline
13. Joey Freeman
14. Lucy Liu

Item 34: Contract No. 8219-A Amendment: Ecology Center
15. Gordon Wozniak, District 8

Item 37: Declare the Topp Twins as Honorary Citizens of the City of Berkeley
16. Gordon Wozniak, District 8

Item 40: Report on Employee Safety and Workers' Compensation
17. Barbara Gilbert


Supplemental Communications and Reports 2

Item 4: FY 2012 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election
18. Judith Epstein

Item 29: Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code
19. Gene Poschman

Item 31: City Council Comments on FY 2012 & FY 2013 Budget
20. Kriss Worthington, District 7
21. City Manager Staff

Item 31a: Budget Referral: Persian Festival
22. Unknown

Item 31e: Referral: Warm Pool and All Four Pools Next Steps
23. Ethan Feldman
24. Nina Birnbaum

Item 33: 2010 Census: Redistricting Process and Timeline

25. Mia Hodge
26. Noah Stern
27. Tiffany Chia
28. Dan Ternan
29. Safeena Mecklai
30. Andrew Albright
31. Shahryar Abbasi

Item 38: 22 Roble Road: Certify LPC Decision for Review, Certify ZAB Action for Review and Set Public Hearing for July 19, 2011

32. Rena Rickles