Regular Meeting Annotated Agenda
June 26
, 2012

 

Printer-friendly PDF* annotated agenda

 

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ANNOTATED 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


Preliminary Matters

Roll Call: 7:00 p.m.  Councilmember Wozniak absent.  Councilmember Wozniak present at 8:24 p.m.

Ceremonial Matters:

  1. Recognition of George Leitmann
  2. Youth Spirit Artworks 5th Anniversary
  3. United Nations Day in Support of Victims of Torture – June 26, 2012
  4. Recognition of Abayomi Najee-Ullah

City Manager Comments: 

  1. Fourth of July Celebration at Caesar Chavez Park, 12pm – 10pm.

Public Comment on Non-Agenda Matters: 5 speakers.

 

Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Consent Calendar

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

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

1.  FY 2013 Tax Rate: Business License Tax on Large Non-Profits
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
Action: Adopted second reading of Ordinance No. 7,241–N.S., Wozniak absent.
 
2.  FY 2013 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
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
Action: Adopted second reading of Ordinance No. 7,242–N.S., Wozniak absent.
 
3.  FY 2013 Tax Rate: Emergency Services for the Severely Disabled
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
Action: Adopted second reading of Ordinance No. 7,243–N.S., Wozniak absent.
 
  • 4.  FY 2013 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds - Election of November 2008
  • 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
    Action: Adopted second reading of Ordinance No. 7,244–N.S., Wozniak absent.  
  •  
  • 5.  FY 2013 Tax Rate: Fund the Provision of Emergency Medical Services
  • 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
    Action: Adopted second reading of Ordinance No. 7,245–N.S., Wozniak absent. 
  • 6.  FY 2013 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) 
    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 
    Action: Adopted second reading of Ordinance No. 7,246–N.S., Wozniak absent.

  • 7.  FY 2013 Tax Rate: Disaster Fire Protection (Measure Q)
  • 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 
    Action: Adopted second reading of Ordinance No. 7,247–N.S., Wozniak absent.

    8.  FY 2013 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds)
    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
    Action: Adopted second reading of Ordinance No. 7,248-N.S., Wozniak absent.

    9.  FY 2013 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002
    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
    Action: Adopted second reading of Ordinance No. 7,249-N.S., Wozniak absent.

    10.  FY 2013 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds)
    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
    Action: Adopted second reading of Ordinance No. 7,250-N.S., Wozniak absent.

    11.  Levying a Special Tax for FY 2013 to Fund the Provision of Library Services 
    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
    Action: Adopted second reading of Ordinance No. 7,251-N.S., Wozniak absent.

    12.  Repeal and Reenact Berkeley Municipal Code Chapter 12.34 Semi Automated Curbside Refuse Collection 
    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
    Action: Adopted second reading of Ordinance No. 7,252-N.S., Wozniak absent.

    13.  Revised Conflict of Interest Code 
    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
    Action:  Adopted Resolution No. 65,786-N.S., Wozniak absent.

    14.  Appropriations Limit for FY 2013 
    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
    Action:  Adopted Resolution No. 65,787-N.S., Wozniak absent.

    15.  Contract No. 8754 Amendment: Human Propelled Solutions dba: Pedal Express to Provide Bicycle Courier Service 
    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
    Action:  Adopted Resolution No. 65,788-N.S., Wozniak absent.

    16.  Contract No. 8764 Amendment:  Badawi & Associates Formerly Caporicci & Larson, Inc., Certified Public Accountants 
    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
    Action:  Adopted Resolution No. 65,789-N.S., Wozniak absent.

    17.  Contract: FirstCall Network, Inc. for Support of the Berkeley Emergency Notification System 
    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
    Action:  Adopted Resolution No. 65,790-N.S., Wozniak absent.

    18.  Administration of Funding Reservation for UA Homes to Advance Additional Predevelopment Funds  
    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
    Action:  Adopted Resolution No. 65,791-N.S., Wozniak absent.

    19.  Contract: City Data Services for Maintenance of the Community Agency Online Application and Reporting System 
    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
    Action:  Adopted Resolution No. 65,792-N.S., Wozniak absent.

    20.  Waiver of Annual Marina Berth Fees for Non-Profits for FY 2013 
    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
    Action:  Adopted Resolution No. 65,793-N.S., Wozniak absent.

    21.  Contract No. 8302 Amendment: Berkeley Touchless Car Wash for Vehicle Washing Services 
    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
    Action:  Adopted Resolution No. 65,794-N.S., Wozniak absent.

    22.  Contract: AJW Construction for the Safe Routes to Transit Project 
    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
    Action:  Adopted Resolution No. 65,795-N.S., Wozniak absent.

    23.  Contract: Gold Wing Engineering for Sanitary Sewer Rehabilitation Project for Prospect Street, Hillside Avenue, Orchard Lane Steps, and Panoramic Way - Phase I 
    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
    Action:  Adopted Resolution No. 65,796-N.S., Wozniak absent.

    24.  Increase Purchase Order with Motorola Solutions for Public Safety Communications System Radio Equipment 
    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
    Action:  Adopted Resolution No. 65,797-N.S., Wozniak absent.

    25.  Residential and Commercial Refuse Collection Fees: FY 2013 Annual Inflator 
    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
    Action:  Adopted Resolution No. 65,798-N.S., Wozniak absent.

    26.  Street Name Change: Harold Way to Dharma Way 
    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
    Action: Moved to Action Calendar.  2 speakers.  M/S/C (Maio/Moore) to refer the item to the Public Works Commission for review.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes - None; Abstain - None; Absent - Wozniak.

    27.  Support AB 2452 Allowing Municipalities to Require Electronically Filed Campaign Statements 
    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
    Action:  Approved recommendation.

    28.  Mental Health Commission Reappointments: Jeffrey Davis and Carole Marasovic 
    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
    Action:  Adopted Resolution No. 65,799-N.S., Wozniak absent.

    Council Consent Items 

     29.  FY 2013 Budget Referral for the Bay Area Community Land Trust 
    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
    Action:  Approved recommendation.

    30.  Supporting the Three Strikes Reform Act Initiative 
    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
    Action:  Adopted Resolution No. 65,800-N.S., Wozniak absent.

    31.  Requesting Info About Possible City Purchase of an Armored Vehicle  
    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:  Moved to Action Calendar.  11 speakers. M/S/C (Arreguin/Maio) to approve the recommendation.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes - None; Abstain - None; Absent - Wozniak.

    Action Calendar - Public Hearing 

    32  a. Amendment to Berkeley Election Reform Act, Adding BMC Section 2.12.335 
    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 
    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

     

     Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

    Action: M/S/C (Wengraf/Capitelli) to adopt the following:

    a. First reading of Ordinance No. 7,253-N.S. 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. Second reading scheduled for July 10, 2012.

    b. The City Manager's recommendation to include an effective date for the new regulation of January 1, 2013.

    Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Bates; Noes - Worthington; Abstain - Anderson; Absent - Wozniak.

     

    Action Calendar - Old Business 

    33.  Utility Users Tax Ballot Measure(Continued from June 12, 2012) 
    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
    Action: Moved to Consent Calendar.  Designated Mayor Bates to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

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

    a. From: Human Welfare and Community Action Commission 
    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 
    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
    Action: Item 34.b. moved to Consent Calendar.  Approved the City Manager's recommendation to:

    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; and

    2.   Adopt Resolution No. 65,801-N.S.(Wozniak absent.) approving the Banking Services RFP for release that includes Community Investment and Responsible banking language and selection criteria as amended below.

    Recommendation numbers 3, 6 and 10 from the Human Welfare and Community Action Commission will be modified as follows and included in the RFP:

     

    3)   The number of loan modifications made in Berkeley with changes in the APR and the terms.

    6)   The number of Berkeley residents employed by the institution.

    10) Description of programs that serve both the non-banked and under-banked in Berkeley, including the product details, how the services are being marketed and promoted and the data that shows how many Berkeley residents are utilizing these services and how the institution intend to expand these services.

     

    The report will be provided annually instead of semi-annually as in the commission recommendation.  The annual report should be made available to the public as quickly as practicable.

     

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

    a. Opposition to Consolidation of Homeless Commission with Human Welfare and Community Action Commission 
    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 
    From: Human Welfare and Community Action Commission
     
    Contact: Drew King, Commission Secretary, 981-5410

    c. Consolidation of Transportation and Public Works Commissions 
    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 
    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 
    From: Parks and Recreation Commission
     
    Contact: Roger Miller, Commission Secretary, 981-6343

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

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

    h. Possible Commission Consolidations 
    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 
    From: City Manager
     
    Contact: William Rogers, City Manager's Office, 981-7000

    Action: 2 speakers. M/S/C (Worthington/Arreguin) to approve recommendation h. 2. to direct the City Manager to 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.
    Vote: Ayes - Maio, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes - None; Abstain - Moore, Anderson.

    Action: Item 35.e. Received and filed the letter from the Parks and Recreation Commission.  Item 35.f. Received and filed the letter from the Waterfront Commission.

    Action: The following Items are held over to December 11, 2012:

    a. The Homeless Commission's recommendation to take no action to consolidate the Homeless Commission with the Human Welfare and Community Action Commission (HWCAC).

    b. Receive and file the letter from the Human Welfare and Community Action Commission.

    c. The Public Works Commission's recommendation to take no action to consolidate the Transportation Commission with the Public Works Commission.

    d. The Transportation Commission's recommendation to review and consider the Transportation Commission's opposition to the proposed merger of the Transportation Commission with the Public Works Commission.

    g. Receive and file the letter from the Peace and Justice Commission.

    h. The City Manager's recommendation to 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

    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.

    i. Receive and file the Mental Health Commission Membership report submitted by the City Manager.

    36.  Contribution Limits on Contractors doing Business with the City(Continued from June 12, 2012) 
    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: Item held over to July 10, 2012.

    Action Calendar - New Business

     

    37.  FY 2013 Biennial Budget Update Adoption 
    Revised Agenda Material
    Attachment 1, Exhibit B
    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
    Action: M/S/C (Bates/Maio) to accept supplemental material from Mayor Bates and supplemental material from staff for Item 37.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

    Action: 9 speakers. M/S/C (Maio/Moore) to adopt the following:

    1. Resolution No. 65,802-N.S.

    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 including the revisions to Exhibit C contained in the supplemental material from staff, and as amended by Council in the supplemental material submitted by Mayor Bates; and

    2.   The City Manager's recommendation to  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.

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

     

     

    38.   FY 2013 Annual Appropriations Ordinance 
    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
    Action:  0  speakers. M/S/C (Worthington/Maio) to adopt first reading of Ordinance No.7,254 -N.S. adopting the FY 2012 Annual Appropriations Ordinance (AAO) in the amount of $364,920,134 (gross appropriations) and $313,563,163 (net appropriations).  Second reading scheduled for July 10, 2012.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

    Recess: 9:09 p.m. - 9:25 p.m.

    39.  Proposed Revenue Ballot Measures for November 2012 Election
    Supplemental Agenda Material-Presentation

     a. Analysis of Proposed Revenue Measures for November 2012 
    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 
    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 
    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 
    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

    Action: M/S/C (Worthington/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes - Capitelli.

    Action: M/S/C (Worthington/Arreguin) to suspend the rules and extend the meeting to 11:45 p.m.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates; Noes - Capitelli; Abstain - None; Absent - Maio, Wozniak.

     

    Councilmember Wozniak absent 11:23 p.m. - 11:33 p.m.

    Councilmember Maio absent 11:25 p.m. - 11:31 p.m.

    Action: 13 speakers. M/S/C (Maio/Arreguin) to approve the following:

    b. 1. Adopted Resolution No. 65,803-N.S. determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $19.4 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.  Revised to correct title, replace "new" with "replacement" in reference Willard Pool and the Warm Pool, modify the third bullet point under the sixth whereas to include related site improvements as funding allows, and correct the dollar amounts and bond rates to reflect the new total.

    2. Adopted Resolution No. 65,804-N.S. authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Pools and Associated Facilities in the Amount of $19.4 Million.  Revised to incorporate corresponding changes from Resolution 65,803-N.S.

    3. Adopted Resolution No. 65,805-N.S. submitting to the Berkeley Electorate a Special Tax to Fund Operation and Maintenance of the replacement Warm Water Pool and Willard Pool.  Revised to replace "new" with "replacement" in reference Willard Pool and the Warm Pool.

    4. Designated Councilmembers Wozniak and Arreguin to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

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

     

    Action: 1 speaker. M/S/C (Bates/Capitelli) to direct the City Manager to return with three options for a bond measure at the July 10, 2012 meeting:

    1. Watershed and Related Street Improvements - $30 million (Item 39.c.).

    2. Streets and Related Watershed Improvements - $30 million.

    3. Streets and Related Watershed Improvements - $50 million.

     

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

     

    Councilmember Worthington absent 11:01 p.m. - 11:22 p.m.

    40.  Placing a Charter Amendment Related to the Redistricting Process for City Council Districts on the November 6, 2012 Ballot 
    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
    Action: Moved to Consent Calendar.  Adopted Resolution No. 65,806-N.S. (Wozniak absent) placing a charter amendment related to the redistricting process for City Council districts on the November 6, 2012 ballot.

    Designated Mayor Bates and Councilmember Arreguin to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

    41.  Safe Urban Gardening in Berkeley

    a. From: Community Environmental Advisory Commission 
    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 
    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
    Action: Moved the Consent Calendar.  Approved the City Manager's recommendation 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.

    42.  New Location for City Council Meetings - Analysis of Alternatives 
    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
    Action: 2 speakers. M/S/C (Bates/Worthington) to direct staff to complete necessary design and construction documents for upgrades to the Maudelle Shirek Building for continued use as the meeting location for the City Council, consider the construction of a new meeting location in the plans for the new Center Street Garage, and refer the issue of moving meeting locations to larger venues for certain meetings to the Agenda Committee.
    Vote: Ayes - Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Bates; Noes - Capitelli; Abstain - None; Absent - Wozniak.

    Council Action Items

    43.  Referral to City Manager: Streamlined Affidavit of Residency Ordinance 
    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
    Action: Held over to July 10, 2012.

    44.  Referral to City Manager: Comprehensive Single Use Plastic Bag Ban/Paper Bag Fee Ordinance 
    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
    Action: Held over to July 10, 2012.

    45.  Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures 
    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
    Action: Held over to July 10, 2012.

    Information Reports

    46.  Status Report - Employee Benefits: Tough Decisions Ahead 
    From: City Manager
     
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
    Action: Received and filed.

    47.  Voluntary Time Off Program For FY 2013 
    From: City Manager
     
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
    Action: Received and filed.

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

    49.  Status Report: Police Property and Evidence Room: Further Improvements 
    From: City Manager
     
    Contact: Michael Meehan, Police, 981-5900
    Action: Received and filed.

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

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

    52.  Business License Tax Program Audit Report for Fiscal Year 2011 
    From: Auditor
     
    Contact: Ann-Marie Hogan, Auditor, 981-6750
    Action: Received and filed.

     

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

     

    Adjournment

    Adjourned at 11:33 p.m.

    Communications 

    Item 29: FY 2013 Budget Referral for the Bay Area Community Land Trust

    1. S. VonDrasek

    Item 35: Possible Commission Consolidations

    1. Lincoln Pain

    Item 37: FY 2013 Biennial Budget Update Adoption

    1. Diane Wong, on behalf of J-Sei
    2. Richard Weber, on behalf of Dorothy Day House - Referred to the City Manager by Councilmember Maio
    3. Isabelle Gaston
    4. Jerry Landis
    5. Harold Newman
    6. Mary Mead

    Item 39: Proposed Revenue Ballot Measures for November 2012 Election

    1. Merrilie Mitchell
    2.  Estelle Jelinek
    3.  Gael Alcock
    4.  Sally Nelson
    5.  Susan Hall
    6.  Judi Berzon

    Panhandling

    1.  Whitney Johnson
     Supplemental Communications and Reports 1

    Item 26: Street Name Change: Harold Way to Dharma Way

    1.  Roy Nee

    Item 29: FY 2013 Budget Referral for the Bay Area Community Land Trust

    1.  Edward Shocker

    Item 39b: General Obligation Bond Measure and Special Tax Measure for Pools

    1.  Nancy Carleton
    2.  Susan Hall
    Supplemental Communications and Reports 2

     

    Item 26: Street Name Change: Harold Way to Dharma Way

    1.  Steven Finacom
    2.  Theresa Nelson
    3.  Christine U'Ren

    Item 29: FY 2013 Budget Referral for the Bay Area Community Land Trust

    1.  Veta Jacqulin
    2.  Rick Lewis, on behalf of Bay Area Community Land Trust

    Item 31: Requesting Info About Possible City Purchase of an Armored Vehicle

    1.  Jean Lieber

    Item 35: Possible Commission Consolidations

    1.  Pierre Labossiere, on behalf of the Haiti Action Committee
    2.  Henry Clarence, on behalf of the Gray Panthers (2)
    3.  Edith Hallberg
    4.  Elliot Halpern, on behalf of the ACLU Berkeley North East Bay Chapter
    5.  Jane Welford
    6.  Cynthia Papermaster
    7.  Liana Foxvog

    Item 37: FY 2013 Biennial Budget Update Adoption

    1.  Dennis Weikel

    Item 39b: General Obligation Bond Measure and Special Tax Measure for Pools

    1.  Joyce Barison
    2.  Mary Ann Brewin
    3.  Judi Berzon
    4.  Lori Kossowsky
    5.  Rob Collier, on behalf of the Berkeley Pools Campaign

      Supplemental Communications and Reports 3

    Item 26: Street Name Change: Harold Way to Dharma Way

    1.  Lynn Milliman

    Item 31: Requesting Info About Possible City Purchase of an Armored Vehicle

    1.  Maris Arnold

    Item 35: Possible Commission Consolidations

    1.  Rita Maran, on behalf of the United Nations Association-USA East Bay

    Item 37: FY 2013 Biennial Budget Update Adoption

    • Revised materials, submitted by the City Manager's Office (see agenda item)
    1.  Tom Bates, Mayor

    Item 39: Proposed Revenue Ballot Measures for November 2012 Election

    Presentation, submitted by City Manager's Office (see agenda item)