Regular Meeting eAgenda
June 26, 2012

 

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AGENDA

 

BERKELEY CITY COUNCIL MEETING

Tuesday, June 26, 2012

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference location: Nu Hotel - 85 Smith St, Brooklyn, NY 11201

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 Mark Numainville, CMC, Acting 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.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   FY 2013 Tax Rate: Business License Tax on Large Non-Profits (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,241–N.S. setting the FY 2013 tax rate for Business License Tax on large non-profits at $0.5206 (52.06 cents) per square foot of improvements.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

2.   FY 2013 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,242–N.S. setting the FY 2013 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1194 (11.94 cents) per square foot of taxable improvements.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

3.    FY 2013 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,243–N.S. setting the FY 2013 tax rate for the provision of emergency services for the disabled at $0.01240 (1.240 cents) per square foot of improvements.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

4.   FY 2013 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds - Election of November 2008 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,244–N.S. setting the FY 2013 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.012%.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

5.   FY 2013 Tax Rate: Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,245–N.S. setting a special tax rate of $0.0319 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

6.   FY 2013 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,246–N.S. setting the FY 2013 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $0.04432 (4.432 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $0.06708 (6.708 cents).
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

7.   FY 2013 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,247–N.S. setting the FY 2013 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

8.   FY 2013 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. 7,248–N.S. setting the FY 2013 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0130%).
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

9.   FY 2013 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,249–N.S. setting the FY 2013 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

10.  FY 2013 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,250–N.S. setting the FY 2013 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

11.  Levying a Special Tax for FY 2013 to Fund the Provision of Library Services (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,251–N.S. setting the FY 2013 tax rate for the Library Services Tax at $0.1718 (17.18 cents) per square foot for dwelling units and $0.2597 (25.97 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Robert Hicks, Finance, 981-7300

12.  Repeal and Reenact Berkeley Municipal Code Chapter 12.34 Semi Automated Curbside Refuse Collection (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,252–N.S. repealing and reenacting Chapter 12.34 of the Berkeley Municipal Code (BMC) regulating Curbside Refuse Collection.
Financial Implications: Refuse Fund - $25,000
First Reading Vote: All Ayes
Contact: Andrew Clough, Public Works, 981-6300

13.  Revised Conflict of Interest Code (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Adopting a revised Conflict of Interest Code for the City of Berkeley to include the recently formed Successor Agency and Oversight Board;
2.   Designating the City Clerk as the filing officer for the Oversight Board and Successor Agency; and
3.   Rescinding Resolution No. 65,484-N.S.
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900

14.  Appropriations Limit for FY 2013 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution establishing the appropriations limit at $198,753,976 for FY 2013 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

15.  Contract No. 8754 Amendment: Human Propelled Solutions dba: Pedal Express to Provide Bicycle Courier Service (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with Pedal Express to provide bicycle courier service, increasing the contract not to exceed amount by $85,000 for an amended total not to exceed $135,000 and extending the term of the contract through June 30, 2014.
Financial Implications: Various Funds - $85,000
Contact: Robert Hicks, Finance, 981-7300

16.  Contract No. 8764 Amendment: Badawi & Associates Formerly Caporicci & Larson, Inc., Certified Public Accountants (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Contract No. 8764 and authorizing the Mayor to extend the agreement with Badawi & Associates formerly Caporicci & Larson, Inc. (the auditing firm selected by the Mayor, to audit the City's financial statements and perform compliance audits required by the Single Audit Act of 1984 (as amended in 1996), by one year for the period of July 1, 2012 through June 30, 2013 (audit of FY 2012), in the amount of $188,625.
Financial Implications: Various Funds - $188,625
Contact: Robert Hicks, Finance, 981-7300

17.  Contract: FirstCall Network, Inc. for Support of the Berkeley Emergency Notification System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with FirstCall Network, Inc. to support the Berkeley Emergency Notification System (BENS), in a total amount not to exceed $171,884, which covers the period August 1, 2012 through July 31, 2015 in the amount of $75,942, with one option to extend for three additional years, as well as $20,000 for additional customization if needed.
Financial Implications: Various Funds - $171,884
Contact: Debra Pryor, Fire, 981-3473

18.  Administration of Funding Reservation for UA Homes to Advance Additional Predevelopment Funds (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution 64,893-N.S., previously amended by Resolution Nos. 65,047-N.S. and 65,129-N.S., to waive the Housing Trust Fund (HTF) Guidelines dealing with predevelopment loan limits to advance an additional $220,000 in HOME funds for UA Homes.
Financial Implications: None
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

19.  Contract: City Data Services for Maintenance of the Community Agency Online Application and Reporting System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a two-year contract with the option to extend for an additional two years, and execute any amendments with City Data Services (CDS) for ongoing maintenance of the community agency online application and reporting system for an annual service fee of $12,180.
Financial Implications: CDBG Fund - $12,180
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

20.  Waiver of Annual Marina Berth Fees for Non-Profits for FY 2013 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Affirming the determination by City staff and the Waterfront Commission that four non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cordell Explorer, Cal Sailing Club and The Pegasus Project) are in full compliance with all aspects of Resolution No. 58,859-N.S.; and 
2.   Approving the annual waiver of berth fees for the four organizations for fiscal year 2013.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

21.  Contract No. 8302 Amendment: Berkeley Touchless Car Wash for Vehicle Washing Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment to contract No. 8302 with Berkeley Touchless Car Wash to provide vehicle washing services, increasing the contract not to exceed amount by $35,000 for an amended total not to exceed $85,000.
Financial Implications: Equipment Maintenance Fund - $35,000
Contact: Andrew Clough, Public Works, 981-6300

22.  Contract: AJW Construction for the Safe Routes to Transit Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving the plans and specifications for the Safe Routes to Transit Project, Specification No. 12-10679-C; 
2.   Accepting the bid of AJW Construction, the lowest responsive and responsible bidder; and
3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $341,373 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: MTC Fund - $341,373
Contact: Andrew Clough, Public Works, 981-6300

23.  Contract: Gold Wing Engineering for Sanitary Sewer Rehabilitation Project for Prospect Street, Hillside Avenue, Orchard Lane Steps, and Panoramic Way – Phase I (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving plans and specifications for the Sanitary Sewer Project, 12-10616-C, located on Prospect Street, Hillside Avenue, Orchard Lane Steps and Panoramic Way;
2.   Accepting the bid of the lowest responsive responsible bidder, Gold Wing Engineering; and
3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $403,043, for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $403,043
Contact: Andrew Clough, Public Works, 981-6300

24.  Increase Purchase Order with Motorola Solutions for Public Safety Communications System Radio Equipment (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase the purchase order with Motorola Solutions, Inc. for portable and mobile radios and related accessories for the City of Berkeley Public Safety Radio System by an additional $115,000 for a new total not to exceed amount of $2,604,764.
Financial Implications: Measure GG Fund - $115,000
Contact: Andrew Clough, Public Works, 981-6300

25.  Residential and Commercial Refuse Collection Fees: FY 2013 Annual Inflator (PDF)
From: City Manager
Recommendation:
Adopt a Resolution increasing rates and fees for residential and commercial refuse collection by the Bay Area Consumer Price Index of 2.078%; and rescinding Resolution No. 65,322-N.S. effective July 1, 2012.
Financial Implications: Refuse Fund - $529,000 (revenue)
Contact: Andrew Clough, Public Works, 981-6300

26.  Street Name Change: Harold Way to Dharma Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the petition from the Tibetan Nyingmapa Meditation Center (TNMC) to change the name of Harold Way to Dharma Way; and direct the City Manager to have Public Works staff send letters to all required agencies advising them of the change.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

27.  Support AB 2452 Allowing Municipalities to Require Electronically Filed Campaign Statements (PDF)
From: Fair Campaign Practices Commission
Recommendation:
Authorize the City Manager to send a letter expressing the City Council's support for AB 2452.
Financial Implications: None
Contact: Kristy van Herick, Commission Secretary 981-6986

28.  Mental Health Commission Reappointments: Jeffrey Davis and Carole Marasovic (PDF)
From: Mental Health Commission
Recommendation:
Adopt a Resolution approving the reappointment of Jeffrey Davis as a representative of the Special Public Interest Category for the term ending November 17, 2012 and the reappointment of Carole Marasovic as a representative of the General Public Interest Category to a term beginning June 27, 2012 and ending June 2, 2015.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5217

Council Consent Items

29.   FY 2013 Budget Referral for the Bay Area Community Land Trust (PDF)
From: Councilmember Maio
Recommendation:
Refer $5,078 for the Bay Area Community Land Trust to the FY 2013 budget process.
Financial Implications: Budget Referral - $5,078
Contact: Linda Maio, Councilmember, District 1, 981-7110

30.  Supporting the Three Strikes Reform Act Initiative (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution supporting of the Three Strikes Reform Act of 2012 Initiative, which would revise the Three Strikes law to requiring life sentences only when a defendant’s current conviction is for a violent or serious crime, except for the most dangerous criminals.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

31.  Requesting Info About Possible City Purchase of an Armored Vehicle (PDF)
From: Councilmember Worthington
Recommendation
: Request information from the City Manager regarding the funding and purpose of an armored vehicle for public events in Berkeley, including Cal games at UC Berkeley and Solano Stroll.
Financial Implications: None
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

Staff shall introduce the public hearing item and present their comments.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

32.  a. Amendment to Berkeley Election Reform Act, Adding BMC Section 2.12.335 (PDF)
From: Fair Campaign Practices Commission
Recommendation:
Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the Berkeley Election Reform Act (BERA) to add Berkeley Municipal Code section 2.12.335, requiring disclosure on campaign communications of the committee's name and certain contributions and loans received by the committee.
Financial Implications: Staff time
Contact: Kristy van Herick, Commission Secretary, 981-6986

b. Effective Date of the Amendment to Berkeley Election Reform Act, Adding BMC Section 2.12.335 (PDF)
From: City Manager
Recommendation:
If the amendment as proposed by the Fair Campaign Practices Commission is approved, include an effective date for the new regulation of January 1, 2013.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900

Action Calendar – Old Business

33.  Utility Users Tax Ballot Measure (Continued from June 12, 2012) (PDF)
From: City Manager
Recommendation:
Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900

34.  Banking Service Request for Proposal (Continued from June 12, 2012)

a. From: Human Welfare and Community Action Commission (PDF)
Recommendation: Adopt a Resolution directing the Finance Department, as part of the Responsible Banking Policy, to collect a social impact report from all financial institutions that provide or wish to provide banking and/or investment management services to the City of Berkeley.
Financial Implications: See report
Contact: Drew King, Commission Secretary, 981-5410

b. From: City Manager (PDF)
Recommendation: 
1.   Discuss and give direction to the City Manager on the banking services RFP, including but not limited to allowing participation of Community Banks, membership-based Credit Unions or Community Development Financial Institutions (CDFI) in the RFP process for the City's banking services.
2.   Adopt a Resolution approving the Banking Services RFP for release that includes Community Investment and Responsible banking language and selection criteria.
Financial Implications: Various Funds - $1,350,000
Contact: Robert Hicks, Finance, 981-7300

35.  Possible Commission Consolidations (Continued from May 29, 2012)

a. Opposition to Consolidation of Homeless Commission with Human Welfare and Community Action Commission (PDF)
From: Homeless Commission
Recommendation:
Take no action to consolidate the Homeless Commission with the Human Welfare and Community Action Commission (HWCAC).
Financial Implications: Minimal, if any
Contact: Drew King, Commission Secretary, 981-5410

b. Letter from the Human Welfare and Community Action Commission regarding Commission Consolidation (PDF)
From: Human Welfare and Community Action Commission
Contact: Drew King, Commission Secretary, 981-5410

c. Consolidation of Transportation and Public Works Commissions (PDF)
From: Public Works Commission
Recommendation:
Take no action to consolidate the Transportation Commission with the Public Works Commission.
Financial Implications: No significant fiscal impact
Contact: Jeffrey Egeberg, Commission Secretary, 981-6406

d. Consolidation of Transportation and Public Works Commissions (PDF)
From: Transportation Commission
Recommendation:
Review and consider the Transportation Commission’s opposition to the proposed merger of the Transportation Commission with the Public Works Commission.
Financial Implications: No significant fiscal impact
Contact: Farid Javandel, Commission Secretary, 981-7061

e. Letter from the Parks and Recreation Commission regarding Commission Consolidation (PDF)
From: Parks and Recreation Commission
Contact: Roger Miller, Commission Secretary, 981-6343

f. Letter from the Waterfront Commission regarding Commission Consolidation (PDF)
From: Waterfront Commission
Contact: John Mann, Commission Secretary, 981-6737

g. Letter from the Peace and Justice Commission regarding Commission Consolidation (PDF)
From: Peace and Justice Commission
Contact: Eric Brenman, Commission Secretary, 981-5114

h. Possible Commission Consolidations (PDF)
From: City Manager
Recommendation:
Direct the City Manager to:
1.   Bring back legislation to consolidate the following City commissions:
a. Public Works Commission and Transportation Commission
b. Human Welfare and Community Action Commission and Homeless Commission
2.   Bring back legislation to create two new commissions by consolidating the Parks and Recreation Commission, Waterfront Commission, and Commission on Early Childhood Development into two separate commissions, one for capital needs and one for recreation/youth programs; and
3.   Provide direction to the City Manager on whether to reduce the membership on commissions that exceed the number of members provided for in the Fair Representation Ordinance.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000

i. Mental Health Commission Membership – Additional Information (PDF)
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

36.  Contribution Limits on Contractors doing Business with the City (Continued from June 12, 2012) (PDF)
From: Councilmember Arreguín
Recommendation:
Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

Action Calendar – New Business

37.  FY 2013 Biennial Budget Update Adoption (PDF)
Attachment 1, Exhibit B
Revised materials
From: City Manager
Recommendation:
 
1. Adopt a Resolution:
a.   Adopting the FY 2013 Biennial Budget as contained in the City Manager’s FY 2013 Proposed Biennial Budget Update presented to Council on May 1, 2012, and as amended by subsequent Council action and accepting the City Wide Work Plan.
b.   Approving a loan from the Worker’s Compensation Fund to the Refuse Fund of $1.6 million to cover the purchase of new refuse collection trucks. The loan repayment to be made to the Worker’s Compensation Fund in FY 2014.
c.   Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2013, as reflected in Attachment 1, and as amended by Council.
2. Authorize the City Manager to implement the City Manager’s recommended balancing strategy in response to the FY 2012 mid-year projected shortfall of $1.9 million by reducing the General Fund transfer to the Capital Improvement Fund.
Financial Implications: See May 1, 2012 Proposed FY 2013 Budget Report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

38.  FY 2013 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 $364,920,134 (gross appropriations) and $313,563,163 (net appropriations).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

39.  Proposed Revenue Ballot Measures for November 2012 Election
          Presentation 

a.  Analysis of Proposed Revenue Measures for November 2012 (PDF)
From: City Manager
Recommendation:
Discuss analysis of measures for the November 2012 ballot, and provide direction regarding any modifications to language for the measures.
Financial Implications: See report
Contact: William Rogers, Interim Deputy City Manager, 981-7000

b.  General Obligation Bond Measure and Special Tax Measure for Pools (PDF)
From: City Manager
Recommendation:
 
1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $20 Million for Public Swimming Pool Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Public Swimming Pool Improvements for that Amount.
2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Pools and Associated Facilities in the Amount of $20 Million.
3. Adopt a Resolution Submitting to the Berkeley Electorate a Special Tax to Fund Operation and Maintenance of the New Warm Water Pool and Willard Pool.
4. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

c.  General Obligation Bond Measure for Watershed and Related Street Improvements (PDF)
From: City Manager
Recommendation:
1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $30 Million for Watershed and Related Street Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Those Improvements.
2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Watershed and Related Street Improvements for Environmental Quality and Flood Mitigation.
3. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

d.  Investing in Sustainability: Streets Audit Follow-up and Stormwater (PDF)
From: Auditor
Recommendation:
Consider the information from last year’s performance audit "Failing Streets:  Time to Change Direction to Achieve Sustainability" as part of decisions on revenue ballot measures.
Financial Implications: See report
Contact: Ann-Marie Hogan, City Auditor, 981-6750

40.  Placing a Charter Amendment Related to the Redistricting Process for City Council Districts on the November 6, 2012 Ballot (PDF)
From: City Manager
Recommendation:
1. Adopt a Resolution placing a charter amendment related to the redistricting process for City Council districts on the November 6, 2012 ballot.
2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

41.  Safe Urban Gardening in Berkeley

a. From: Community Environmental Advisory Commission (PDF)
Recommendation: Adopt and disseminate the attached pamphlet in support of safe urban gardening in Berkeley; along with an educational outreach program. Gardeners are to be informed that Berkeley soils, like most urban soils, are contaminated.  They are high in naturally occurring and human-induced arsenic and lead. At risk populations should avoid inhalation and ingestion of soil and garden using raised beds to eliminate exposures from gardening activities.
Financial Implications: Estimated - $3,000
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461

b. From: City Manager (PDF)
Recommendation: Request that the City Manager direct staff to prepare a pamphlet in support of safe urban gardening based on input from both the Community Environmental Advisory Commission and the Community Health Commission, and provide educational outreach.
Financial Implications: General Fund - $3,000
Contact: Eric Angstadt, Planning and Development, 981-7400

42.  New Location for City Council Meetings - Analysis of Alternatives (PDF)
From: City Manager
Recommendation:
Reconsider the viable locations for City Council meetings based on new information and cost estimates and direct staff to complete necessary design and construction documents for a preferred meeting location.
Financial Implications: Estimated - $280,000 - $350,000
Contact: Mark Numainville, Acting City Clerk, 981-6900

Council Action Items

43.  Referral to City Manager: Streamlined Affidavit of Residency Ordinance (PDF)
From: Councilmember Arreguin
Recommendation:
Refer to the City Manager the attached amendment to B.M.C. Section 2.04.145 (the Affidavit of Residency requirement) to develop ordinance language and bring back to Council a proposed Ordinance.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

44.  Referral to City Manager: Comprehensive Single Use Plastic Bag Ban/Paper Bag Fee Ordinance (PDF)
From: Councilmember Worthington
Recommendation: Request from the City Manager an estimate of the minimum dollar amount necessary to begin a City of Berkeley Single Use Plastic Bag Ban/Paper Bag Fee Ordinance simultaneous with the County of Alameda for all retail non-restaurant businesses.
Financial Implications: To be determined
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

45.  Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to the Alameda County Recorder of Deeds and Sheriff in regards to a local action plan about stopping foreclosures.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

46.  Status Report - Employee Benefits: Tough Decisions Ahead (PDF)
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

47.  Voluntary Time Off Program For FY 2013 (PDF)
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

48.  Building Permit Fee Deferral: UA Homes, 1040 University Avenue (PDF)
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

49.  Status Report: Police Property and Evidence Room: Further Improvements (PDF)
From: City Manager
Contact: Michael Meehan, Police, 981-5900

50.  Status Report: Property and Evidence Room POST Study Follow-Up Audit (PDF)
From: City Manager
Contact: Michael Meehan, Police, 981-5900

51.  Audit Action: Reduce Fraud, Enhance Service Delivery and Revenue (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

52.  Business License Tax Program Audit Report for Fiscal Year 2011 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

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

 

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

 

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 14, 2012.

Mark Numainville, Acting 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.

Item 29: FY 2013 Budget Referral for the Bay Area Community Land Trust
1.    S. VonDrasek

Item 35: Possible Commission Consolidations
2.    Lincoln Pain

Item 37: FY 2013 Biennial Budget Update Adoption
3.    Diane Wong, on behalf of J-Sei
4.    Richard Weber, on behalf of Dorothy Day House
5.    Isabelle Gaston
6.    Jerry Landis
7.    Harold Newman
8.    Mary Mead

Item 39: Proposed Revenue Ballot Measures for November 2012 Election
9.    Merrilie Mitchell
10. Estelle Jelinek
11. Gael Alcock
12. Sally Nelson
13. Susan Hall
14. Judi Berzon

Panhandling
15. Whitney Johnson