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Regular Meeting Annotated Agenda
June 24, 2008

Printer-friendly PDF* annotated agenda 

 

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Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

TUESDAY, JUNE 24, 2008

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

TOM BATES, MAYOR

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:21 p.m.  All present.

Ceremonial Matters:

1. Andrew Frankel
2. Women’s Daytime Drop-In Center
3. Amateur Radio Operators
4. Adam David Miller

City Manager Comments:

1. June 28, 2008- Neighborhood Walk, 1650 63rd Street.
2.
National Night Out – August 5, 2008 .

Public Comment on Non-Agenda Matters: 5

Public Comment on Consent Calendar and Information Items Only: 7

Consent Calendar

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

1. Repeal of School Loitering Ordinance; BMC 13.36.040 (pdf)
From:
City Manager
Recommendation: Adopt first reading of an ordinance repealing BMC section 13.36.040.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted first reading of Ordinance No. 7,042–N.S.  Second reading scheduled for July 8, 2008.

2. Petty Cash and Change Fund (pdf)
From:
City Manager
Recommendation: Adopt a Resolution to increase petty cash funds from $4,351 to $4,550, decrease change funds from $3,165 to $2,935, and rescind Resolution No. 62,286-N.S. and all amendments.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,103–N.S.

3. Contract: Caporicci & Larson, Certified Public Accountants – Three-Year Agreement for Professional Auditing Services (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the Mayor to execute a three-year agreement with Caporicci & Larson, 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), for the period of April 28, 2008 through June 30, 2011, in the amount of $517,500.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,104–N.S.

4. Contract No. 7479 Amendment: HIV Test Counseling (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7479 with the Berkeley Free Clinic ("BFC") for HIV testing and counseling services to increase the amount by $43,000 for a total not to exceed $86,000 and to extend the term to June 30, 2009.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,105–N.S.

5. Appointment to Mental Health Commission (pdf)
From:
City Manager
Recommendation: Approve the reappointment of Paul Clermont to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning June 22, 2008 and ending June 21, 2011.
Financial Implications: None
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Approved recommendation.

6. Avondale Hotel and Lakehurst Hotel for Temporary Housing (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute: a) an amendment to Contract No. 6774 with the Avondale Hotel for the provision of temporary housing to increase the contract amount by $50,000 for a total contract amount not to exceed $255,000, and to extend the expiration date to June 30, 2009, and b) an amendment to Contract No. 7207 with the Lakehurst Hotel for the provision of temporary housing to increase the contract amount by $40,000 for a total contract amount not to exceed $81,510, and to extend the expiration date to June 30, 2009.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,106–N.S.

7. Preservation of Salary of Former City of Berkeley Housing Authority (pdf)
From:
City Manager
Recommendation: Adopt a Resolution to continue Save Pay for the first six months of fiscal year 2009 for up to five former City employees who formerly worked at the City of Berkeley Housing Authority and were either transferred or flexibly placed under the Layoff Procedure into classifications with lower salary levels when the City Council eliminated all City career positions at the Housing Authority effective June 30, 2007.
Financial Implications: General Fund not to exceed $28,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,107–N.S.

8. Aquatic Park Improvement Program (APIP) - Hydrology & Habitat (pdf)
From:
City Manager
Recommendation: Adopt a Resolution accepting the Aquatic Park Improvement Program (APIP) Phase I Hydrology Improvements and Phase II Habitat Improvements draft report and conceptual design and directing staff to begin the environmental review process with staff’s recommendation of Scenario 4B as the Preferred Alternative.
Financial Implications: See report.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Moved to Action Calendar.  M/S/C (Wozniak/Moore) to adopt Resolution No. 64,108–N.S. as amended to accept the Aquatic Park Improvement Program (APIP) Phase I Hydrology Improvements and Phase II Habitat Improvements draft report and conceptual design and directing staff to begin the environmental review process with Parks, Recreation and Waterfront Commissions recommendation of Modified Scenario 4B as the Preferred Alternative and staff’s recommendation of Scenario 4B as the Secondary Alternative. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Noes – Worthington.

9. Stewardship Council Grant: Shorebird Nature Center Demonstration (pdf)
From
: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Stewardship Council for funds in the amount of $189,098 to construct a Demonstration Garden/Outdoor Classroom at the Shorebird Nature Center as part of the Environmental Classroom replacement project; and to accept the grant and execute any resultant revenue agreements and amendments; and to authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,109–N.S.

10. Thyssen Krupp Elevator Corporation for Citywide Service (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6858A with Thyssen Krupp Elevator Corporation for routine service and preventative maintenance for all City elevators to (1) extend the term through December 31, 2008, and (2) increase the amount by $57,500 for a total amount not to exceed $250,500 for the period May 30, 2003 to December 31, 2008.
Financial Implications: Various funds - $57,500
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,110–N.S.

11. Contract No. 7081 Amendment: Berkeley Gateway Transportation Management Association for the West Berkeley Shuttle (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7081 with Berkeley Gateway Transportation Management Association (TMA) to increase the contract by $25,000, for a total contract amount not to exceed $66,200 for the period January 1,2007 to June 1, 2009.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,111–N.S.

12. Community Conservation Centers for Recycling Services (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  6856A with Community Conservation Centers, increasing the contract amount by $700,000 for a total not to exceed $1,980,000 and extending the term through June 30, 2009 to cover Fiscal Years 2006 to 2009.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,112–N.S.

13. W. R. Forde Associates to Complete Phase I Cleanup at Aquatic Park (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase Contract No. 7429 with W. R. Forde Associates by $247,981 for a revised not to exceed total of $331,431 to complete Phase I work at Aquatic Park.
Financial Implications: Capital Improvement Fund - $331,431
Contact: Claudette Ford, Public Works, 981-6300
Action:  Moved to Action Calendar. M/S/C (Moore/Maio) to refer back to City Manager to return on a undetermined date with results of soil testing in a dry state and additional options for soil disposal.  Vote: Ayes – Maio, Moore, Anderson, Spring, Olds, Worthington, Wozniak, Bates; Abstain – Capitelli.

14. Restatement of Sanitary Sewer Easement at 1208 Milvia Street (pdf)
From:
City Manager
Recommendation: Adopt first reading of an Ordinance accepting an agreement for restatement of a sanitary sewer easement for, and relocation of, sewer pipe facilities with Edward J. Anisman and Claire F. Sherman (each as trustee of the Anisman-Sherman Family) at 1208 Milvia Street.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,043–N.S.  Second reading scheduled for July 8, 2008.

15. Major Encroachment Permit for 161 Panoramic Way (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to Bruce and Colette Kelley to encroach into the public right-of-way fronting the northern edge of their property at 161 Panoramic Way for the purpose of constructing a pullout, driveway, and railings.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Continued to July 08, 2008.

16. Audit: Response Times to Calls for Emergency Medical Services Could Be Improved (pdf)
From:
Auditor
Recommendation: Request the City Manager report back by December 2009 (and every six months thereafter) regarding the implementation status of each recommendation in the attached audit report until all recommendations have been reported implemented.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

 

Council Consent Items

17. Budget Referral, Women's Daytime Drop-In Center, $12,500 for HIV-AIDS Training and Outreach into Homeless Communities (pdf) 
From: Councilmember Maio, Moore and Spring
Recommendation: Refer to the budget process $12,500 in HIV-AIDS funding to support ongoing efforts to have clients of the Women's Daytime Drop-In Center (WDDC) receive training and go out into the community to do HIV/AIDS education in homeless populations.
Financial Implications:
General Fund - $12,500
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

18. Presentation on the Re-Emergence of the Industrial Sector, Particularly with Regard to West Berkeley (pdf)
From:
Councilmember Maio
Recommendation: Schedule a presentation and discussion at a worksession with Prof. Karen Chapple, University of California at Berkeley and Gail Goldberg, Director of City Planning, Los Angeles, who recently spoke at the Bay Area Industrial Roundtable, and perhaps others, regarding recent research and experience regarding the prospects for a re-emergence of industrial sectors and specifically how these trends might affect West Berkeley.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

19. Referral to City Manager: Status of Outstanding Traffic-Calming Mitigations (pdf)
From:
Councilmember Moore
Recommendation: Refer to the City Manager to report back to the City Council with the status of the traffic calming mitigations on 66th street between San Pablo Ave. and Sacramento Street and on the corner of Russell and Acton Streets on staff's work plan and to ensure that this work is completed within the next 6 months.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

20. Official City Sponsorship, Council Allocation of Discretionary Funds and Future Funding of the 3rd Annual Berkeley International Food Festival (pdf) 
From: Councilmembers Moore and Maio
Recommendation: Approve City sponsorship of the 3rd Annual Berkeley International Food Festival, authorize Mayor and Council to transfer funds from their office D-13 accounts to the City to be used for a grant to the West Berkeley Neighborhood Development Corporation (WBNDC) to support the 3rd Annual Berkeley International Food Festival and to refer the festival to the budget process to become an annually funded event in the amount of $10,000 for future budget cycles.
Financial Implications: Councilmembers Budgets - $1,500
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

21. Budget Referral: Malcolm X Collaborative (pdf)
From:
Councilmember Anderson
Recommendation: Refer $10,000 to the FY 2008/2009 Mid-Biennial budget process providing the Malcolm X Collaborative the opportunity to achieve their goal to close the achievement gap and sustain their integrated arts program.
Financial Implications: General Fund - $10,000
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved recommendation.

22. Budget Referral: Youth Spirit Artworks (pdf)
From:
Councilmember Anderson
Recommendation: Refer $25,000 to the FY 2008/2009 Mid-Biennial budget process for Youth Spirit Artworks (formerly YaYa California) a green art jobs enterprise.  Such funding will provide them with the means to hire a part-time Program Artist/Social Worker to resume their community art program including the arts furniture program offered five hours per day at their art studio located at Berkeley Technology Academy.  The program empowers and transforms the lives of at-risk East Bay youth.
Financial Implications: General Fund - $25,000
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved recommendation.

23. Support Election Justice in Zimbabwe (pdf)
From:
Councilmember Anderson
Recommendation: It is recommended that the Berkeley City Council approve a motion expressing its support for a fair and democratic election in Zimbabwe.

Council calls upon all national governments, both individually through their national structures and their representatives in international organizations, to demand an end to election related violence in Zimbabwe by government forces and, to ensure by diplomacy and other non-military means, a safe environment for both the presidential runoff campaign and election day. 

Council further calls upon all governments to come together to impress upon the Zimbabwean government to allow the free will of the Zimbabwean people to be expressed through free and fair elections monitored by internationally accredited independent observers. 

The letter should be sent to: US Secretary of State Condoleezza Rice, South African President Thabo Mbeki, African Union Chairperson Jakaya Kikwete, Zimbabwe President Robert G. Mugabe, Movement for Democratic Change President Morgan Tsvangirai, and the Southern African Development Community Chairperson Levy Patrick Mwanasasa. 

Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved revised recommendation.

Recess – 8:41 p.m. – 8:53 p.m.

Council Action Calendar

24. 2020 Vision for Berkeley's Children and Youth (pdf)
From:
Mayor Bates, and Councilmembers Maio, Moore and Anderson
Recommendation: Adopt the 2020 Vision for Berkeley's Children and Youth and authorize the City Manager to develop plans and models for internal and cross-jurisdictional collaboration to remove barriers to learning and to promote healthy development for all Berkeley children and youth.
Financial Implications: May require new and/or redirected funding.
Contact: Tom Bates, Mayor, 981-7100
Action: M/S/C (Maio/Moore) Adopted Resolution No. 64,113–N.S. approving the 2020 Vision for Berkeley's Children and Youth and authorize the City Manager to develop plans and models for internal and cross-jurisdictional collaboration to remove barriers to learning and to promote healthy development for all Berkeley children and youth.  Vote:  All Ayes.

Action Calendar – Old Business

25. Direction on Possible Ballot Measures for the November 4, 2008 General (pdf) 
From: City Manager (pdf)
Recommendation:
 Provide comments to the City Attorney on the text, title, and City Attorney’s analysis for the following possible ballot measures for the November 2008 ballot: 1) Fire and Disaster Preparedness Tax; 2) Library Seismic Safety Bond; 3) the Pools Advisory Measure, 4.) Ordinance 6,958-N.S. Landmarks Preservation Referendum Petition, and other election related issues. 
Financial Implications: Unknown
Contact: Lisa Caronna, Deputy City Manager, 981-7000

Action:  1)  M/S/C (Olds/Anderson) to approve a $3.6 million Fire and Disaster Preparedness tax ballot measure to include a split rate tax at 11.3% and both CPI and PIG as inflation indicators.  Vote: Ayes – Maio, More, Anderson, Capitelli, Olds, Worthington, Bates; Noes – Spring; Abstain – Wozniak.

Action:  2)  M/S/C (Maio/Moore) to approve a $26 million Library Bond with revised language to include “needed improvements in lieu of expand in the Ballot Question, addition of the average household contribution in the Financial Implications and  clarification of the Financial Implications in the City Attorney analysis section. Vote: All Ayes.

Action:  3)  Pools Advisory Measure and 4)  Ordinance 6,958-N.S. Landmarks Preservation Referendum Petition continued to July 8, 2008.

Olds exited meeting – 11:58 p.m.

26.  FY 2009 Biennial Budget Update - Adoption 
From: City Manager

a.1. From: City Manager (pdf)
Recommendation:
Adopt a Resolution approving the FY 2009 Biennial Budget through the following actions:
1. Adopt the FY 2009 Biennial Budget Update as presented by the City Manager on May 6, 2008, and as amended by subsequent Council action.
2. Adopt the first reading of the F Y 2009 Annual Appropriations Ordinance
3. Authorize the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2009 and as amended by Council.
Financial Implications: See report.
Contact: Tracy Vesely, Budget Manager, 981-7000

a.2. From: Mayor - Supplemental Report (June 20, 2008) (pdf)
Recommendation:
Adopt the City Manager's FY 2009 Budget Update with the revisions contained in the Mayor's report dated June 20. 2008.
Financial Implications: See Report
Contact: Tom Bates, Mayor, 981-7100
Action: M/S/C (Moore/Maio) to:

(a.1) adopt Resolution No. 64,114 –N.S. approving the FY 2009 Biennial Budget; and

(a.2) approve the Mayor’s revised recommendation to adopt the City Manager’s FY 2009 Budget Update with the revisions contained in the Mayor’s report dated June 20, 2008.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

b. FY 2009 Biennial Budget Update—Community Agency Efficiency and Program Delivery Initiatives (pdf)
From:
City Manager
Recommendation: Allocate $308,391 in FY 2009 toward community agency service delivery improvements, including $50,000 for a coordinated initiative to improve homeless program delivery as part of implementing the EveryOne Home Plan, and $258,391 to restore one-time funding to some community agencies for FY 2009.
Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400
Action: M/S/C (Moore/Maio) to approve the City Manager’s recommendation to allocate $308,391 in FY 2009 toward community agency service delivery improvements, including $50,000 for a coordinated initiative to improve homeless program delivery as part of implementing the EveryOne Home Plan, and $258,391 to restore one-time funding to some community agencies for FY 2009. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

c. FY 2009 Tax Rate: Emergency Services for the Severely Disabled (pdf)
From:
City Manager
Recommendation: Adopt first reading of an ordinance setting the FY 2009 tax rate for the provision of emergency services for the disabled at $0.01133 (1.133 cents) per square foot of improvements.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300 
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,044–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

d. FY 2009 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (pdf)
From:
City Manager
Recommendation: Adopt first reading of an ordinance setting the FY 2009 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1109 (11.09 cents) per square foot.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,045–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

e. FY 2009 Tax Rate: Fund the Provision of Emergency Medical Services (pdf)
From:
City Manager
Recommendation: Adopt first reading of an ordinance setting a special tax rate of $0.02955 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,046–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

f. FY 2009 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (pdf)
From:
City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2009 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.004%.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,047–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

g. FY 2009 Tax Rate: Disaster Fire Protection (Measure Q) (pdf)
From:
City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2009 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,048–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

h. Levying a Special Tax for FY 2009 to Fund the Provision of Library Services (pdf)
From:
City Manager
Recommendation: Adopt an ordinance to set the FY 2009 tax rate for the Library Services Tax at $0.1569 (15.69 cents) per square foot for dwelling units and $0.2374 (23.74 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,049–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

i. FY 2009 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (pdf)
From:
City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2009 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.027%.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,050–N.S.  Second reading scheduled for July 8, 2008. Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

j. FY 2009 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 first reading of an Ordinance setting the FY 2009 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0160%.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action:  M/S/C (Moore/Maio) to adopt first reading of Ordinance No. 7,051–N.S.  Second reading scheduled for July 8, 2008.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

k. Appropriations Limit for FY 2009 (pdf)
From:
City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $165,942,846 for FY 2009 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: M/S/C (Moore/Maio) to adopt Resolution No. 64,115–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – Worthington; Absent – Olds.

l. Temporary Appropriations FY 2009 (pdf)
From:
City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2008, until the effective date of the FY 2009 Annual Appropriations Ordinance.
Financial Implications: The financial implications are already stated in the Annual Appropriations Ordinance.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,116–N.S.

27.  Police Review Commission Policy Report on Evidence Theft Issues within the Berkeley Police Department
a. From: City Manager (pdf)
Recommendation:
Accept the Police Review Commission's report and this City Manager's report on evidence theft issues.
Financial Implications: None
Contact: Douglas N. Hambleton, Police, 981-5900

b. From: Police Review Commission (pdf)
Recommendation:
1.      Adopt the Police Review Commission (PRC) Evidence Theft Policy Report submitted on January 29, 2008, which outlined 28 recommendations to be completed by the Berkeley Police Department (BPD).

2.      Require BPD to remove officers from the Special Enforcement Unit (SEU) and replace as soon as possible any officers who had access to the drug vault when Sergeant Kent was Administrative Narcotics Sergeant.

3.      Adopt an additional policy that BPD shall implement on mandatory, confidential reporting of misconduct (See Attachment).

4.      Adopt an additional policy that BPD shall implement on professionalism and ethics (See Attachment).

5.      That Council requires BPD witness officers to cooperate in PRC policy review of incidents, so that the Commission could adequately make policy recommendations to the City Council.

Financial Implications: Unknown
Contact: Victoria Urbi, Commission Secretary, 981-4960
Action: Moved to Consent Calendar.  Approved the following:

a.   The City Manager’s recommendation to accept the Police Review Commission’s report and this City Manager’s report on evidence theft issues; and

b.   The Police Review Commission’s recommendation to:

1.      Adopt the Police Review Commission (PRC) Evidence Theft Policy Report submitted on January 29, 2008, which outlined 28 recommendations to be completed by the Berkeley Police Department (BPD).

2.      Require BPD to remove officers from the Special Enforcement Unit (SEU) and replace as soon as possible any officers who had access to the drug vault when Sergeant Kent was Administrative Narcotics Sergeant.

3.      Adopt an additional policy that BPD shall implement on mandatory, confidential reporting of misconduct (See Attachment).

4.      Adopt an additional policy that BPD shall implement on professionalism and ethics (See Attachment).

5.      That Council requires BPD witness officers to cooperate in PRC policy review of incidents, so that the Commission could adequately make policy recommendations to the City Council.


M/S/C (Maio/Moore) to extend meeting to 11:30 p.m..  All ayes

M/S/C (Moore/Maio) to extend meeting to 12:00 p.m..  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Wozniak, Bates; Noes – Olds.

M/S/C (Moore/Capitelli) to extend meeting to 12:15 p.m..  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Bates; Noes Wozniak; Absent – Olds, Worthington.

M/S/C (Moore/Maio) to extend meeting to 12:30 p.m.  Vote: Ayes – Maio, Moore, Anderson, Spring, Worthington, Bates; Noes – Capitelli, Wozniak; Absent – Olds.


Time Critical Items 
Added to agenda as an emergency item under Gov. Code § 54954.2(b)((1)

Item Concerning Health And Safety Of Protesters At The Oak Grove In Front Of Memorial Stadium
Action: Oral report provided by City Manager.  No further action taken.

Information Reports

28. Possible Site for Animal Shelter (pdf)
From:
City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Received and filed.

29. Stipend for Members of the Police Review Commission (pdf)
From:
City Manager
Contact: Deanna Despain, Acting City Clerk, 981-6900
Action:  Received and filed.

30. Berkeley Community Media Studio Location Endangered (pdf)
From:
City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Continued to July 8, 2008.

31. Audit Plan for Fiscal Year 2009 (pdf)
From:
Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

32. Transmission of Annual Management Letter from Financial Statement Auditors (pdf)
From:
Mayor Bates
Contact: Tom Bates, Mayor, 981-7100
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0


Adjournment – 12:30 p.m. in memory of Mary Suzuki

Communications

Agenda Committee Meeting
1.  Barbara Gilbert (2)

Petitions Against Sound Permit for Rallies at Telegraph/Haste
2.  Dave Fogarty, Office of Economic Development – Referred to City Manager – Maio, Worthington

Bus Rapid Transit (BRT) Project
3.  Hank Resnik
4.  Robert Bregoff

SwapRent (SM) Project
5.  Ralph Liu

Aerial/Ground Pesticide Spraying
6.  Unknown

Marine Recruiting Office/Code Pink

  • Voluminous correspondence on file and available for viewing in the City Clerk’s Office
Supplemental Communications and Reports 1

Item 8: Aquatic Park Improvement Program (APIP) - Hydrology & Habitat
7.  Lisa Stephens
8.  Lee Trampleasure
9.  Nashua Kalil
10. Mark Liolios
11. Tom Kelly

Item 15: Major Encroachment Permit for 161 Panoramic Way
12. Blanche Sack
13. Catherine Orozco
14. Tom Miller

Item 25: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election
15. Marie Bowman
16. Janet Weiss
17. Anne Wagley, on behalf of Berkeley Architectural Heritage Association

Item 29: Stipend for Members of the Police Review Commission
18. Barbara Gilbert

Supplemental Communications and Reports 2

Item 23: Support Election Justice in Zimbabwe

  • Revised report, submitted by Councilmember Anderson, District 3 (see agenda item)

Item 25: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election

  • To Be Delivered reports & Supplemental materials, submitted by City Manager/City Attorney (see agenda item)

19. David & Miriam Wilson
20. Barbara Gilbert
21. Ben Rivers
22. Priscilla Myrick

Item 26: FY 2009 Biennial Budget Update – Adoption

  • To be Delivered report (26a1), submitted by City Manager (see agenda item)
  • To be Delivered report (26a2), submitted by Mayor Bates (see agenda item)
  • Time Critical report, submitted by Councilmember Anderson, District 3 (see agenda item)

23. Marie Bowman, on behalf of Berkeley Alliance of Neighborhood Associations

 

 

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