Regular Meeting eAgenda
June 28, 2011

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, June 28, 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.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,184–N.S. amending Berkeley Municipal Code section 16.04.010 to establish that if a property owner fails to keep the sidewalk area in a safe condition for pedestrians (as is already required by both state and local law), then the owner is potentially liable for pedestrian accidents.
First Reading Vote: Ayes – Anderson, Arreguin, Capitelli, Maio, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – Moore.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,185–N.S, setting the FY 2012 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,186–N.S. 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.
First Reading:  All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,187–N.S. 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).
First Reading: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
Recommendation: Adopt second reading of Ordinance No. 7,188–N.S. 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.
First Reading: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,189–N.S. setting a special tax rate of $0.0312 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
First Reading: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,190–N.S. 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.
First Reading: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,191–N.S. amending Title 23 of the Berkeley Municipal Code (BMC) to streamline zoning permit requirements for certain business activities likely to encourage economic activity.
First Reading: Ayes – Anderson, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – Arreguin.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
 
9.   Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065 (PDF)
From: Councilmembers Arreguin, Moore and Worthington
Recommendation: Adopt second reading of Ordinance No. 7,192–N.S. establishing Berkeley Municipal Code (BMC) Section 22.20.065 to authorize the adoption of an affordable housing mitigation fee for rental housing projects.
First Reading: Ayes –Anderson, Arreguin, Maio, Moore, Worthington and Bates; Noes – Wengraf; Abstain – Capitelli, Wozniak.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 31, 2011 (special and regular), June 6, 2011 (special closed) and June 7, 2011 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order and rescinding Resolution No. 65,233-N.S.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7421A with Access Information Management for storage of Citywide Records, by increasing the amount by $50,000 for a total not-to-exceed amount of $221,000 for the period ending September 30, 2012.
Financial Implications: General Fund - $50,000
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) for Fiscal Year 2011 (Exhibit A) and upon approval, 
2.   Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan for the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation:
1.   Renewing for three (3) years the City Manager’s authority to defer building permit  fees, which expired as of March 24, 2011; and
2.   Amending Resolution No. 64,918-N.S. to grant the City Manager authority to defer Building Permit fees for new development projects on a case-by-case basis after determining that the project will provide substantial economic benefit to the City through tax base development, job creation/retention or by some other valid measures.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $177,513,623 for FY 2012 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
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: Sanitary Sewer Operations - $1,100,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Repeal Ordinance No. 6501-N.S. and Ordinance No. 6558-N.S., since both are no longer of any force or effect by their own terms, and adopt first reading of an Ordinance setting the FY 2012 tax rate for Business License Tax on large non-profits at $.51 (51 cents) per square foot of improvements, which is the rate approved by the voters.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7852 with Lan Do Associates, LLC for the provision of translation and interpretation services in the amount of $20,100 for a total contract amount not to exceed $70,000, and to extend the expiration date to June 30, 2012.
Financial Implications: Mental Health Services Act - $20,100
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8439 with Youth Engagement Advocacy Housing for the provision of support services to homeless transition aged youth in the amount of $101,768 for a total contract amount not to exceed $203,536, and to extend the expiration date to June 30, 2012.
Financial Implications: Mental Health Services Act - $101,768
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8606 with Youth Engagement Advocacy Housing for the provision of services and supports to transition-aged youth in the amount of $26,520 for a total contract amount not to exceed $53,040 and to extend the expiration date to June 30, 2012.
Financial Implications: Mental Health Services Act - $26,520
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8478 with the Fred Finch Youth Center for the provision of intensive mental health services to children and youth and to increase the amount by $35,919 for a total contract amount not to exceed $179,594, and to extend the expiration date to September 30, 2011.
Financial Implications: Mental Health Services Act - $35,919
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8516 with Pacific Center for Human Growth to provide mental health services and supports in the amount of $26,520 for a total contract amount not to exceed $53,040 and to extend the term to June 30, 2012.
Financial Implications: Mental Health Services Act - $26,520
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8560 with G.O.A.L.S. for Women to provide outreach and support services to African-American women and their families in the amount of $26,520 for a total contract amount not to exceed $53,040, and to extend the term to June 30, 2012.
Financial Implications: Mental Health Services Act - $25,520
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8573 with the Albany Unified School District to provide psycho-educational group services in the amount of $53,040 for a total contract amount not to exceed $106,080, and to extend the term to June 30, 2012.
Financial Implications: Mental Health Services Act - $53,040
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8460 with NextGen Healthcare Information Systems for an Electronic Health Records system and related services, increasing the amount by $24,952, for a total contract amount not to exceed $324,197 and extending the term from September 30, 2010 to December 31, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to a sole source agreement (Contract Number 7985) with the Community Energy Services Corporation for the period March 1, 2010 through April 30, 2012 in the amount of $12,798, for administration of the Smart Solar program, for a total contract amount of $73,034.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend a cooperative agreement (Federal Instrument Number DE-FC36-07GO01065) with the U.S. Department of Energy for the period September 15, 2007 through April 30, 2012 in the amount of $20,000 for a total of $220,000 for tracking solar installation as a result of the Smart Solar program.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8046 with Logan Surveying, Inc. for on-call general surveying services, increasing the amount by $100,000 for a total amount not to exceed $350,000.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Authorizing the City Manager to execute an amendment to Contract No. 8431 with Angus-Hamer, Inc. for additional telecom design services to include Voice Over Internet Protocol (VOIP) cabling between data centers and Intermediate Distribution Frames (IDFs) at the Civic Center Building, and cabling between the Civic Center Building and Public Safety Building, in an amount of $12,500 for a total revised contract amount not to exceed $59,200 and extend the contract term six months through June 30, 2012.
2.   Authorizing the City Manager to execute an amendment to Contract No. 8440 with Taylor Systems Engineering Inc, for additional electrical and mechanical design services to prepare construction drawings, specifications and provide construction administration for the Civic Center and Public Safety Building Data Centers Upgrade in an amount of $256,600, including a $75,000 VOIP allowance to address power and cooling needs at IDFs for VOIP criteria being developed by Information Technology Department, for a revised contract amount not to exceed $305,100 and extend the contract term six months through June 30, 2012.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: Adopt four Resolutions authorizing the City Manager to execute contracts and any amendments with TransForm, City CarShare, AC Transit, and the University of California, all of which are partnering with the City of Berkeley to implement the Berkeley Transportation Action Plan for the period from July 1, 2011 through June 30, 2014.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution rejecting all bids received on February 8, 2011 and authorizing the City Manager to re-bid the Street Rehabilitation FY 2011 Project.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
32.  Oppose HR 1: The "Full Year Continuing Appropriations Act, 2011" (PDF)
From: Commission on the Status of Women 
Recommendation: Adopt a Resolution opposing H.R.1, the "Full Year Continuing Appropriations Act, 2011."
Financial Implications: None
Contact: Nicole Kelly, Commission Secretary, 981-5100
 
From: Commission on the Status of Women
Recommendation: Adopt a Resolution supporting AB 12 (Swanson): Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011.
Financial Implications: None
Contact: Nicole Kelly, Commission Secretary, 981-5100
 
From: Auditor
Recommendation: Adopt a Resolution stating that the following bills need amendment: SB 186 (Kehoe and DeSaulnier), SB 449 (Pavley), AB 187 (Lara and Smyth), AB 229 (Lara), and AB 253 (Smyth). The City’s position on these bills would be that they must be amended to address the concerns listed below.  Request the City Manager send this resolution to the sponsors and co-sponsors of these bills, the League of California Cities, and the legislative offices of Senators Hancock and Corbett, Assembly Members Skinner, Buchannan, and Swanson, and staff of the Senate Government Operations Committee and Senate Government and Finance Committee, or other committees that may be considering these bills at the time of this action.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
Council Consent Items
 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $3000 per Councilmember including $3000 from Mayor Bates to the UC Berkeley's Cal Corps Public Service Center's Summer BUILD: Equity through Literacy program, with funds relinquished to the City's general fund for this purpose from the discretionary Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $3000
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Bates to the Downtown Berkeley Association Outdoor Movie Series with funds relinquished to the City’s general fund for this purpose from the discretionary Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $500
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates
Recommendation: Approve the re-appointment of Chairperson Carole Norris and Vice Chair Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
Recommendation: Adopt a Resolution co-sponsoring this year’s “Berkeley Bike Festival” and the “Great Berkeley Bike Race” to be held on Sunday, August 14, 2011 from 10:00 am to 4:00 pm around the perimeter of Civic Center Park and the surrounding streets.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Maio
Recommendation: Sign on to the letter to Governor Jerry Brown and the California Department of Food and Agriculture Secretary Karen Ross, urging their support for an alternative to the costly “Statewide Pest Prevention Programmatic Environmental Impact Report (Pest PEIR).
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Moore
Recommendation: Send a letter requesting that the Northern California Congressional delegation sign-on as co-sponsors, including Barbara Lee, George Miller, Pete Stark, Nancy Pelosi and Lynn Woolsey.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution urging the U.S. Department of Homeland Security to stop the audit of I-9 forms at the Pacific Steel foundry in West Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Capitelli
Recommendation: Adopt a Resolution cosponsoring the 2011 Solano Stroll to be held on Solano Avenue on Sunday, September 11, 2011; that the Council:
1.   Give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media); and 
2.   Provide services from Police, Transportation and Public Works departments as have been provided in the past.
Financial Implications: Street Events and Festivals - $5,000 (grant)
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the following suggestions: Schedule multiple commissions to meet in the same place on the same day. Encourage distribution of agenda packets via email. Allow commissioners to draft minutes from audio recordings after the meetings, rather than requiring staff to make up minutes during the meeting. This makes minutes more comprehensive for one, and could reduce staff costs quite drastically.
Financial Implications: Reduced staff costs
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Action Calendar
 
After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
 
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

 Action Calendar – Public Hearing
 
At its meeting of March 8, 2011, City Council established a 6 month trial period for scheduling Public Hearings no earlier than 8:00 p.m.
 
Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.
 
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.
 
From: City Manager
Recommendation: Conduct a public hearing on the establishment of the Downtown Berkeley Property- Based Business Improvement District (DPBID or "the District"), and upon conclusion if no majority protest exists after tabulation of assessment ballots, adopt two Resolutions: 
1.   Establishing the DPBID for the five-year period beginning July 1, 2011 and ending June 30, 2016, with operations to occur over the five year period beginning January 1, 2012 and ending December 31, 2016, and levying assessments on property within the District for fiscal year 2012. 
2.   Authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) for $1,192,884 of DPBID funds to support Downtown revitalization for the period January 1, 2012 to December 31, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

 
Action Calendar – Old Business
 
From: City Manager
Recommendation: 
1. Adopt a Resolution adopting CEQA findings and the Mitigation Monitoring Program, which are applicable to the proposed "protected space" zoning amendments.
2. Adopt first reading of an Ordinance amending BMC chapters 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing District), 23E.80 (Mixed Use-Light Industrial District), and 23E.84 (Mixed Use-Residential District), to allow Arts and Crafts, Non-Store-Based Retail, Contractors, and Research and Development into "protected space" as defined in the proposed ordinance language.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – New Business
 
46.  FY 2012 & FY 2013 Biennial Budget
 
From: City Manager
Recommendation:
1.   Adopt a Resolution:
(a) Adopting the FY 2012 & FY 2013 Biennial Budget as contained in the City Manager’s FY 2012 & FY 2013 Proposed Biennial Budget that includes the Proposed Capital Budget, presented on May 3, 2011, and as amended by subsequent Council action and accepting the City Wide Work Plan.
(b) Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2012, as reflected in Attachment 1, and as amended by Council.
(c) Approving the revised funding allocation from the Community Services Block Grant (CSBG) funding. On a one-time basis, maintain CSBG funds in the BOSS contract for the first six months of FY 2012 and use the $86,778 General Fund previously recommended for the BOSS contract for other one-time purposes.
2.   Schedule a workshop and possible action no later than December 2011 to review the impact of the State budget cuts and City revenue trends.
3.   Approve a loan from the Capital Improvement Fund to the Refuse Fund of $1.5 million for work required at the closed landfill and a $2.9 million one-time loan for equipment ; loan repayments of $4.4 million from the Refuse Fund to be programmed for Storm Improvements starting in FY 2014. Approve a loan from the Worker’s Compensation Fund for the Payroll Deduction Trust Fund (Fund 930) up to $500,000 to be paid back over three years after rates are adjusted.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Review and take action on various budget referrals as proposed by the Mayor and City Councilmembers, including adopting a Resolution to co-sponsor the Downtown Berkeley MusicFest, and amending the proposed budget for FY 2012 and FY 2013 accordingly.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: Councilmember Worthington
Recommendation: A budget vote is about more than just money. Budgets reflect our priorities.  The City Manager’s proposed budget is an excellent starting point for making this important decision. It is also important to consider the compelling testimony we have received from the public in our public hearings.  Below is a list of practical and progressive budget proposals.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Add the Warm Water, Willard, King, and West Campus Pools to Work Plan FY 2012.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2012 Annual Appropriations Ordinance (AAO) in the amount of $372,702,084 (gross appropriations) and $314,053,925 (net appropriations).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
48.  Changes to Employee Compensation and Bargaining Agreements
From: City Manager
Recommendation: Adopt a Resolution:
1. Approving a Side Letter of Agreement to make changes in wages, benefits and terms of employment including, but not limited to, extending the term of the  Memorandum Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters for the period of June 29, 2008 through July 4, 2015, authorizing the City Manager to execute and implement the changes to wages, benefits and terms of employment set forth in the Side Letter that includes certain adjustments to salaries; and
2. Approving a new Salary Resolution for Representation Units D, J, K-1 and K-2 that implement the new salary levels negotiated in the Side Letter Attachments A and B and rescinding Resolution No. 64,172–N.S.
Financial Implications: FY 2012 gross savings of $583,000; net savings of $411,000, and potential future PERS savings.
Contact: Dave Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution to change cost of living adjustments previously authorized for Unrepresented Employees in Representation Units Z1, Z-2, Z-3, Z4, Z6, Z-9 and X-1 (Except for Daily Rated Camps Classifications) for the period of June 26, 2011 through June 23, 2012 and rescinding Resolution No 64,175-N.S. (Classification and Salary Resolution for Representation Units Z-2, Z-3, Z-4, Z-6, Z-9 and X-1) and rescinding Resolution No. 64,211-N.S. (Classification and Salary Resolution for Representation Units Z-1).
Financial Implications: FY 2012 savings of $235,000, and potential future PERS savings.
Contact: Dave Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Receive updates on, and take possible action resulting from, negotiations with the following bargaining units: Service Employees International Union Local 1021 Community Services and Part Time Recreation Leaders Chapter; Public Employees Union-Local One; Berkeley Police Association; and International Brotherhood of Electrical Workers Local 1245-A.F.L.-C.I.O.
Financial Implications: To be determined
Contact: Christine Daniel, City Manager’s Office, 981-7000
 
Council Action Calendar
 
From: Councilmembers Arreguin, Capitelli and Wengraf
Recommendation: Refer to the City Manager review of the Affidavit of Residency Ordinance to explore streamlining requirements that would reduce paperwork and staff time while maintaining the legal effect of commissioners affirming their residency.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Information Reports
 
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000
 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Contact: Michael Meehan, Police, 981-5900

 
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 16, 2011.

Deanna Despain, City Clerk


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
 
West Street Bike/Pedestrian Path
1.    Dan Leaverton
 
557 Spruce Street
2.    Nancy Fong
 
Startups / Job Growth Statistics
3.    Zelda Bronstein
 
Application of Jay Claiborne
4.    Leila Moncharsh
 
Sit-Lie Ordinance
5.    Mental Health Commission
 
Host Ambassador Program Progress Report
6.    Deborah Badhia