Regular Meeting Annotated Agenda
June 28, 2011

Printer-friendly PDF* annotated agenda 

 

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

Note: 

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ANNOTATED 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

Preliminary Matters

Roll Call: 7:00 p.m. Absent – Councilmember Anderson and Councilmember Worthington. Councilmember Anderson present at 7:01 p.m.  Councilmember Worthington present at 7:04 p.m. 

Ceremonial Matters: 

  1. Recognition of Metro Lighting for sustainable business practices

City Manager Comments: This weekend is the July 4th celebration at the Marina 

Public Comment on Non-Agenda Matters: 5 speakers. 


Public Comment on Consent Calendar and Information Items Only: 4 speakers.


Consent Calendar

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

1. Ordinance Amending BMC Section 16.04.010 to Establish that a Property Owner Can Be Liable for Failing to Maintain the Adjacent Sidewalk (PDF)
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
Action: Moved to Action Calendar.  M/S/C (Worthington/Maio) to adopted second reading of Ordinance No. 7,184–N.S.
Vote: Ayes – Maio, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Anderson, Arreguin;  Absent – Moore.

Absent: Councilmember Moore 9:05 p.m. – 10:55 p.m.

2. FY 2012 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
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
Action: Adopted second reading of Ordinance No. 7,185–N.S.
 
3. FY 2012 Tax Rate: Emergency Services for the Severely Disabled (PDF)
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
Action: Adopted second reading of Ordinance No. 7,186–N.S.

4. FY 2012 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
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
Action: Adopted second reading of Ordinance No. 7,187–N.S.

5. FY 2012 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
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
Action: Adopted second reading of Ordinance No. 7,188–N.S.

6. FY 2012 Tax Rate: Fund the Provision of Emergency Medical Services (PDF)
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
Action: Adopted second reading of Ordinance No. 7,189–N.S.

7. Levying a Special Tax for FY 2012 to Fund the Provision of Library Services (PDF)
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
Action: Adopted second reading of Ordinance No. 7,190–N.S.

8. Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code (PDF)
Revised materials (PDF)
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

Action: M/S/C (Capitelli/Maio) to accept revised ordinance language from staff.
Vote: All Ayes.

Action: Adopted first reading of Ordinance No. 7,191–N.S. on Consent Calendar.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak and Bates; Noes – None; Abstain – Arreguin.


9. Affordable Housing Mitigation Fee Ordinance, Adding BMC Section 22.20.065 From: Councilmembers Arreguin, Moore and Worthington (PDF)
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
Action: Adopted second reading of Ordinance No. 7,192–N.S.
 
10. Minutes for Approval (PDF)
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
Action: Approved minutes as submitted.
 

11. City Council Rules of Procedure and Order (PDF)
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
Action:  Adopted Resolution No. 65,337–N.S.

12. Contract No. 7421A Amendment: Access Information Management for Records Center Services (PDF)
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
Action:  Adopted Resolution No. 65,338–N.S.

13. North Shattuck Business Improvement District: Annual Report and Contract for Implementation of the Management District Plan (PDF)
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
Action:  Adopted Resolution No. 65,339–N.S. and Resolution No. 65,340–N.S.

14. Renewal of City Manager Authority to Defer Development Fees for Priority Economic Development Projects (PDF)
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
Action:  Adopted Resolution No. 65,341–N.S.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak and Bates; Noes – Arreguin.

15. Appropriations Limit for FY 2012 (PDF)
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
Action:  Adopted Resolution No. 65,342–N.S.

16. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Sanitary Sewer Operations - $1,100,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

17. FY 2012 Tax Rate: Business License Tax on Large Non-Profits (PDF)
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
Action:  Adopted first reading of Ordinance No. 7,193–N.S.  Second reading scheduled for July 12, 2011.

18. Contract No. 7852 Amendment: Lan Do Associates, LLC for the Provision of Translation and Interpretation Services (PDF)
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
Action:  Adopted Resolution No. 65,343–N.S.

19. Contract No. 8439 Amendment: Youth Engagement Advocacy Housing for the Provision of Support Services (PDF)
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
Action:  Adopted Resolution No. 65,344–N.S.

20. Contract No. 8606 Amendment: Youth Engagement Advocacy Housing for the Provision of Services and Supports (PDF)
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
Action:  Adopted Resolution No. 65,345–N.S.

21. Contract No. 8478 Amendment: Fred Finch Youth Center for the Provision of Intensive Mental Health Services (PDF)
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
Action:  Adopted Resolution No. 65,346–N.S.

22. Contract No. 8516 Amendment: Pacific Center for Human Growth for Mental Health Services and Supports (PDF)
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
Action:  Adopted Resolution No. 65,347–N.S.

23. Contract No. 8560 Amendment: G.O.A.L.S. for Women to Provide Outreach and Support Services (PDF)
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
Action:  Adopted Resolution No. 65,348–N.S.

24. Contract No. 8573 Amendment: Albany Unified School District to Provide Psycho-Educational Group Services (PDF)
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
Action:  Adopted Resolution No. 65,349–N.S.

25. Contract No. 8460 Amendment: NextGen Healthcare Information Systems for an Electronic Records System and Related Services (PDF)
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
Action:  Adopted Resolution No. 65,350–N.S.

26. Contract No. 7985 Amendment: Expense Agreement with Community Energy Services Corporation for Administration of Smart Solar Program (PDF)
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
Action:  Adopted Resolution No. 65,351–N.S.

27. Revenue Agreement Amendment: U.S. Department of Energy for the Smart Solar Program (PDF)
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
Action:  Adopted Resolution No. 65,352–N.S.

28. Contract No. 8046 Amendment: Logan Surveying, Inc. for On-Call General Surveying Services (PDF)
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
Action:  Adopted Resolution No. 65,353–N.S.

29. Contract Nos. 8431 and 8440 Amendments: Angus-Hamer, Inc. and Taylor Systems Engineering, Inc. for Additional Telecom, Electrical, and Mechanical Design Services for the Civic Center Building and Public Safety Building Data Centers Upgrades (PDF)
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
Action:  Adopted Resolution No. 65,354–N.S. and Resolution No. 65,355–N.S.

30. Contracts: TransForm, City CarShare, AC Transit, and the University of California for Implementation of the Berkeley Transportation Action Plan (PDF)
From: City Manager
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
Action:  Adopted Resolution No. 65,356–N.S. (TransForm); Resolution No. 65,357–N.S. (City CarShare);  Resolution No. 65,358–N.S. (AC Transit) and Resolution No. 65,359–N.S. (University of California).

31. Reject and Re-bid Contract for Street Rehabilitation FY 2011 Project (PDF)
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
Action:  Adopted Resolution No. 65,360–N.S.

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
Action:  Adopted Resolution No. 65,361–N.S. amended as follows: the first Whereas clause is deleted, and the fifth Whereas clause is moved to be first Whereas clause.

33. Support AB 12 (Swanson): Abolition of Child Commerce, Exploitation, and Sexual Slavery Act of 2011 (PDF)
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
Action:  Adopted Resolution No. 65,362–N.S.

34. State Audit Legislation (PDF)
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
Action:  Adopted Resolution No. 65,363–N.S.

Council Consent Items

35. UC Berkeley Cal Corps Public Services Center - Summer BUILD: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Mayor Bates
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
Action:  Adopted Resolution No. 65,364–N.S. revised to add the following contributions: Councilmember Wozniak - $500; Councilmember Maio - $100; Councilmember Anderson - $100.
 
36. Downtown Berkeley Association (DBA): Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
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
Action:  Adopted Resolution No. 65,365–N.S. revised to add the following contributions: Councilmember Arreguin - $1000; Councilmember Wozniak - $100; Councilmember Capitelli - $100; Councilmember Anderson - $100; Councilmember Wengraf - $100.

37. Re-Appointment of Carole Norris and Marjorie Cox to the Berkeley Housing Authority Board of Commissioners (PDF)
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
Action:  Adopted Resolution No. 65,366–N.S.

38. City of Berkeley's Co-Sponsorship for the Berkeley Bike Festival and the Great Berkeley Bike Race (PDF)
From: Councilmember Maio
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
Action:  Adopted Resolution No. 65,367–N.S.

39. Support for an Alternative to the Statewide Pest Prevention Programmatic Environmental Impact Report (PDF)
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
Action: Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak.

40. Supporting HR 975: Anti-Bullying and Harassment Act of 2011 (PDF)
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
Action: Approved recommendation.

41. Urging the U.S. Department of Homeland Security to Stop the Audit of I-9 Forms at Pacific Steel Foundry (PDF)
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
Action:  Adopted Resolution No. 65,368–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Bates; Noes – None; Abstain – Capitelli, Wengraf, Wozniak.

42. City Sponsorship of the 37th Annual Solano Stroll (PDF)
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
Action:  Adopted Resolution No. 65,369–N.S.

43. Referral to City Manager: Implement City Commissioners’ Cost Saving Ideas (PDF)
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: Approved recommendation.

Action Calendar - Public Hearing

44. Establishment of the Downtown Berkeley Property-Based Business Improvement District (PDF)
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

Public Testimony: The Mayor opened the public hearing. 3 speakers.  M/S/C (Arreguin/Maio) to close the public hearing.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore, Worthington.

Absent: Councilmember Worthington 9:15 p.m. – 9:22 p.m.

Absent: Councilmember Moore 9:05 p.m. – 10:55 p.m.

Action: M/S/C (Arreguin/Bates) to adopt the following:

1.   Resolution No. 65,370–N.S. 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.   Resolution No. 65,371–N.S. 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.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

Action Calendar - Old Business

Revised Agenda Material (PDF)
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: 3 speakers.  M/S/C (Capitelli/Maio) to accept revised material from staff.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

Action: M/S/C (Capitelli/Wozniak) to adopt Resolution No.65,372–N.S. adopting CEQA findings and the Mitigation Monitoring Program, which are applicable to the proposed “protected space” zoning amendments.
Vote: Ayes – Maio, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – None; Absent – Moore.

Action: M/S/C (Capitelli/Wengraf) to adopt the first reading of Ordinance No. 7,194–N.S., with a second reading scheduled for July 12, 2011, 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 with the following amendments: 

1.  Include the revised language submitted by staff and accepted by Council to amend Section 1-Table 23E.72.030, Section 2 title, Section 4.C.2, Section 5.F, and Section 7.3.ii.

2. Section 4.C.1 and 2:

  1. Prior to August 1, 2016, no more than a  combined total of 270,000 gross square feet of protected Warehouse and Wholesale space may be converted to R&D use within the MM (BMC 23E.76) and MULI (BMC 23E.80) zoning districts. As of August 1, 2016, there shall be no numerical limit on the number of gross square feet of protected Warehouse and Wholesale space that may be converted to R&D use within the MM (BMC 23E.76) and MULI (BMC 23E.80) zoning districts.
  2. No more than 150,000 gross square feet of this space may have been occupied on or after August  1, 2011, whether or not the use was legally established.

3. Section 4.E:

E.  1.   Planning staff will report to the City Council once a cumulative total of 50,000 square feet in the MM and MULI districts of protected Warehousing and/or Wholesale Trade have been converted to Research and Development Use (or at the end of one year, whichever occurs first), with additional reports to be provided in the same increments  thereafter.  The reports are to include the gross square footage of building space converted and the number and type of jobs expected to be created.

    2.     No later than April 15, 2016, the City Manager shall provide a cumulative report to the City Council and schedule an action item for the Council’s consideration so that it can provide direction as to what, if any, modifications it wishes to make to this Section.

 

4. Section 7.A.3:

3.   For the period August 1, 2011 through July 31, 2016, space established prior to January 1, 2010 as protected Warehouse and Wholesale Trade use may be changed to Research and Development (R&D) use as set forth below, provided that issuance of a permit for R&D use under this subdivision shall not result in the removal or elimination of any protection for the prior use established through this subdivision and such protections shall remain if the R&D use ceases. As of August 1, 2016, there shall be no numerical limit on the number of gross square feet of protected Warehouse and Wholesale space that may be converted to R&D use within the MM (BMC 23E.76) and MULI (BMC 23E.80) zoning districts.

i.   A combined total of 270,000 gross square feet of protected Warehouse and Wholesale space may be converted to R&D use within the MM (BMC 23E.76) and MULI (BMC 23E.80) zoning districts.

ii.  No more than 150,000 gross square feet of this space may have been occupied on or after August 1, 2011, whether or not the use was legally established.

iii. The Zoning Officer may approve an Administrative Use Permit for a change of use of up to 20,000 gross square feet from protected Warehouse and/or Wholesale Trade to Research and Development (R&D).

iv. The Board may approve a Use Permit for a change of use over 20,000 gross square feet of protected Warehouse and/or Wholesale Trade or Research and Development (R&D).

v.  Planning staff will report to the City Council once a cumulative total of 50,000 square feet in the MM and MULI districts of protected Warehousing and/or Wholesale Trade have been converted to Research and Development Use (or at the end of one year, whichever occurs first), with additional reports to be provided in the same increments thereafter. The reports are to include the gross square footage of building space converted and the number and type of jobs expected to be created. No later than April 15, 2016, the City Manager shall provide a cumulative report to the City Council and schedule an action item for the Council’s consideration so that it can provide direction as to what, if any, modifications it wishes to make to this Section.

5. Table 23E.76.030

Change of Use from Warehouse and Wholesale Trade – ZC for Under 20,000 sq. ft.; AUP for 20,000 sq. ft. to 40,000 sq. ft.; UP(PH) for 40,000 sq. ft. and over.

6. Table 23E.80.030

Change of Use from Warehouse and Wholesale Trade – ZC for Under 20,000 sq. ft.; AUP for 20,000 sq. ft. to 30,000 sq. ft.; UP(PH) for 30,000 sq. ft. and over.

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

Action Calendar – New Business

46.   FY 2012 & FY 2013 Biennial Budget

FY 2012 & FY 2013 Biennial Budget Adoption - Attachment 1, Exhibit A (PDF)

Biennial Budget Adoption - Revised Agenda Material (PDF)
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

b. Mayor and City Council Budget Referrals for FY 2012 and FY 2013 (PDF)
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

c. Progressive and Practical Budget Suggestions (PDF)
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

d. Adding the Warm Water, Willard, King, and West Campus Pools to Work Plan FY 2012 (PDF)
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

Action: M/S/C (Maio/Moore) to accept supplemental items for 46.a. from staff, 46.b. from Mayor Bates and Councilmember Maio, and 46.b. from Councilmember Anderson.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

a. Action: 19 speakers. M/S/C (Capitelli/Maio) to adopt the following:

1.   Resolution No. 65,373–N.S.

(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 with the revisions to Attachment 1, Exhibit C submitted by staff.

(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.   City Manager’s recommendation to schedule a workshop and possible action no later than December 2011 to review the impact of the State budget cuts and City revenue trends; and

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

b. Action: M/S/C (Maio/Wengraf) to request that the City Council amend the FY 2012-13 Biennial Budget as follows:

  1. Two- year funding supplement of $27,300 to be distributed between RISE, Berkeley Boosters, and United for Health from savings due to the closing of the South Berkeley YMCA Learning Center, as set forth in Attachment A;  and
  2. Re-allocate $95,778 in General Funds in one-year only funds  to be distributed between Berkeley Youth Alternatives, Lifelong Medical Care Acupuncture Clinic, J-SEI, Berkeley Organizing Congregations for Action (BOCA), the Center for Independent Living Blind Services, and Bay Area Community Land Trust for Co-op Training, the Stonewall Festival, and the Cinco de Mayo Festival as set forth in Attachment A. This General Fund resource is available due to the transfer of the BOSS contract to CSBG as described in the City Manager’s budget report of June 28, 2011.
  3. Direct the City Manager to retain for homeless services the $20,000 General Fund for PCEI services recently released from the YEAH contract and return to Council with a revised expenditure plan.
  4. Direct the City Manager to work with the BUSD Superintendent and the Commission on Early Childhood Education to identify child care subsidy needs of low income Berkeley residents and return in October with a recommendation for allocation of the Child Care Mitigation Funds.
  5. Direct the City Manager to review costs estimates for the pools and report back to Council in preparation for including the Warm Water, Willard, King and West Campus pools in a Community Poll on City infrastructure needs to be conducted in the fall, and return with recommendations regarding funding and work plan resource allocation in response to poll results.
  6. Direct the City Manager to prioritize the allocation of $16,000 from the YEAH contract for youth programs in South Berkeley.

Action: M/S/C (Wengraf/Moore) to call the question, allow two minutes for councilmembers on the queue before voting.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

Vote (46.b.): Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

Action (46.b.3.): M/S/C (Arreguin/Capitelli) to adopt Resolution No. 65,374 –N.S. to co-sponsor the Downtown Berkeley MusicFest.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None; Abstain - None; Absent - Moore.

Action: M/S/C (Bates/Capitelli) to request that the City Manager return with information regarding the allocation of the remaining $36,000 from the YEAH contract on July 19.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

c. Action: No action taken.

d. Action: No action taken.

47. FY 2012 Annual Appropriations Ordinance (PDF)
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
Action:  M/S/C (Maio/Wozniak) to adopt first reading of Ordinance No. 7,195–N.S. adopting the FY 2012 Annual Appropriations Ordinance (AAO) in the amount of $372,702,084 (gross appropriations) and $314,053,925 (net appropriations).  Second reading scheduled for July 12, 2011.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

Recess: 9:22 p.m. – 9:34 p.m.

48.    Changes to Employee Compensation and Bargaining Agreements

a. Changes to Service Employees International Union Local 1021 Maintenance and Clerical Chapter Memorandum Agreement (PDF)
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

b. Unrepresented Employees: Change in Cost of Living Adjustments (PDF)
From: City Manager
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

c. Update on Status of, and Possible Action on, Negotiations with 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 (PDF)
Supplemental materials (PDF)
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

a. Action: M/S/C (Worthington/Arreguin) to adopt Resolution No. 65,375–N.S.

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

b. Action: M/S/C (Worthington/Arreguin) to adopt Resolution No. 65,376–N.S. 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).
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

c. Action: M/S/C (Wozniak/Maio) to accept supplemental agenda material from staff to adopt a resolution extending “Save Pay” for employees to be demoted as a result of the layoff process.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

c. Action: M/S/C (Worthington/Arreguin) to adopt Resolution No. 65,377–N.S. to approve save pay for demoted members of SEIU Local 1021 Community Services Chapter.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

c. Action: M/S/C (Worthington/Wozniak) to hold over item to July 12, 2011 for further updates on, and to 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.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

Council Action Calendar

49. Referral to City Manager: Revisions to Affidavit of Residency Ordinance to Reduce Paperwork (PDF)
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
Action: M/S/C (Arreguin/Maio) to approve Councilmembers Arreguin, Capitelli and Wengraf’s recommendation to 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.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak,  Bates; Noes – None; Abstain – None; Absent – Moore.

Information Reports

50. Voluntary Time Off Program for FY 2012 (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000
Action:  Received and filed.
 
51. Marina LED Streetlight Replacement Pilot Project: Summer 2011 (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

52. Status Report: Property and Evidence Room Peace Officer Standards and Training Study Follow-Up Audit (PDF)
From: City Manager
Contact: Michael Meehan, Police, 981-5900
Action:  Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 1 speaker.


Adjournment –

Adjourned at 10:55 p.m. in the memory of Rick Eckle, community leader with the Berkeley Peace Brigade, Berkeley Runaway Center, Berkeley Youth Alternatives, and Dream for Berkeley.

Communications (PDF)

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

Supplemental Communications and Reports 1 (PDF)

Item 1: Ordinance Amending BMC Section 16.04.010 to Establish that a Property Owner Can Be Liable for Failing to Maintain the Adjacent Sidewalk
7.    Wendy Alfsen

Item 41: Urging the U.S. Department of Homeland Security to Stop the Audit of I-9 Forms at Pacific Steel Foundry
8.    Janice Schroeder, on behalf of the West Berkeley Alliance for Clean Air and Safe Jobs

Item 45: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into "Protected Space" Under Certain Conditions
9.    Patrick Sheahan

Item 46: FY 2012 & FY 2013 Biennial Budget
10. Carole Marasovic and Jeff Davis
11. Jason Uribe
12. Jim Beatty
13. Cheryl La Rosa Longo (2)
14. Susan Hall
15. Nancy Carleton
16. Eleanor Walden
17. Bill McIntyre
18. Mary Ann Brewin
19. Lori Kossowsky
20. Donna Dowden
21. Estelle Jelinek
22. Community Environmental Advisory Commission
23. Sally Nelson
24. Gael Alcock
25. Pam Scullen
26. Fred Gey
27. Gary Marquard

Item 48: Changes to Employee Compensation and Bargaining Agreements
28. VictoriaPeirotes (2)
29. ZQuat@***.com

Supplemental Communications and Reports 2 (PDF)

Item 8: Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code

  • Revised materials, submitted by Planning & Development Department (see agenda item)

Item 41: Urging the U.S. Department of Homeland Security to Stop the Audit of I-9 Forms at Pacific Steel Foundry

30. Josie Camacho, on behalf the Alameda Labor Council, AFL-CIO

Item 45: West Berkeley Project: Proposed Zoning Amendments to Allow Specific Uses into "Protected Space" Under Certain Conditions

  • Revised materials, submitted by Planning & Development Department (see agenda item)

Item 46: FY 2012 & FY 2013 Biennial Budget

  • Revised materials, submitted by City Manager’s Office (see agenda item)

31. Tom Bates, Mayor and Linda Maio, District 1
32. Max Anderson, District 3
33. Paula Lawrence
34. Kim Nemirow
35. Unknown

Item 48: Changes to Employee Compensation and Bargaining Agreements

  • Supplemental materials, submitted by City Manager’s Office (see agenda item)

36. VictoriaPeirotes
37. Sherri Harding