City Clerk
City Clerk

Regular Meeting eAgenda
June 23
, 2009

Printer-friendly PDF* agenda 

 

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

Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
Tuesday, June 23, 2009
7:00 P.M.
Council Chambers, 2134 Martin Luther King Jr. Way
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, City Clerk, 981-6900

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


 

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

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

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

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

1.   Lease Agreement: 80 Bolivar Drive (Sailing Building) in Aquatic Park to Bay Area Outreach Recreation Program (BORP) (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,091–N.S. authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin August 1, 2009 and ending December 31, 2013, with an option to extend for an additional five-year period.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

2.   FY 2010 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,093–N.S. setting the FY 2010 tax rate for the provision of emergency services for the disabled at $0.01142 (1.142 cents) per square foot of improvements.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

3.   FY 2010 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,094–N.S. setting the FY 2010 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1118 (11.18 cents) per square foot.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

4.   FY 2010 Tax Rate: Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation:
 Adopt second reading of Ordinance No. 7,095–N.S. setting a special tax rate of $0.02979 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

5.   Lease Agreements for 2134 Martin Luther King Way and 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (PDF)
Revised materials (PDF)
From: City Manager
Recommendation: 
Adopt first reading of an Ordinance authorizing execution of leases of 2134 Martin Luther King Jr. Way and 2031 Sixth Street and a Purchase and Sale Agreement for 2031 Sixth Street.
Financial Implications: See report
Contact:  Christine Daniel, City Manager’s Office, 981-7000

6.    Lease Agreement for Grove Street Recreation Center Site (Oregon Street Gym) (PDF)
Revised materials (PDF)
From: City Manager
Recommendation:
  Adopt first reading of an Ordinance authorizing execution of a lease of the Grove Street Recreation Center from the Berkeley Unified School District.
Financial Implications: See report
Contact: Christine Daniel, City Manager’s Office, 981-7000

7.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of June 2 (regular), June 9, 2009 (special and regular) and June 15, 2009 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

8.   Contract: Real-Time Closed Captioning Stenography Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PeopleSupport RapidText, An Aegis Co. (Aegis RapidText) for the provision of real-time closed captioning stenography services at all worksessions, regular and special meetings of the City Council and Redevelopment Agency for the period July 1, 2009 to June 30, 2010 in an amount not to exceed $50,000, and for four one-year renewable options at rates to be negotiated prior to execution of each subsequent one-year option.
Financial Implications: See report
Contact: Deanna Despain, City Clerk Department, 981-6900

9.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $1,185,542
Contact: Robert Hicks, Finance, 981-7300

10.  Access the Surplus Program Administered by the Department of General Service - State of California (PDF)
From: City Manager
Recommendation:
Adopt a Resolution enabling the City of Berkeley to utilize the State of California surplus property program, and authorize Finance - General Service's staff to acquire surplus property through this program when it is in the best interest of the City of Berkeley.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

11.  Levying a Special Tax for FY 2010 to Fund the Provision of Library Services (PDF)
From: City Manager
Recommendation:
Adopt an Ordinance to set the FY 2010 tax rate for the Library Services Tax at $0.1582 (15.82 cents) per square foot for dwelling units and $0.2393 (23.93 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

12.  Sweatshop Free Ordinance (PDF)
From: City Manager
Recommendation:
Adopt a first reading of an Ordinance adding Chapter 13.97 to the BMC mandating that vendors supplying apparel to the City of Berkeley provide information regarding the factories where the goods are manufactured. 
Financial Implications: Unknown
Contact: Robert Hicks, Finance, 981-7300

13.  Increase Funding for Public Commons for Everyone Initiative Program for FY 2010 by $245,160 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to 1) terminate existing contracts with agencies, that are scheduled to expire over a four-month period in FY2010, and add remaining balances totaling $92,840 to new contracts with the same agencies for the period of July 1, 2009 through June 30, 2010; and 2) increase funding to agencies funded under the Public Commons for Everyone Initiative (PCEI) by a total of $245,160 to extend services through FY 2010.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

14.  Side Letter - Berkeley Fire Fighters Association (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to authorize the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to: 1) modify Section 10.3 of the Memorandum Agreement to provide the City Manager with discretion to hire a lateral entry Fire Fighter at a salary step higher than first step at entry, and 2) modify Section 19.4.1 of the Memorandum Agreement to provide lateral entry employees with a higher Vacation Leave accrual rate commensurate with the lateral entry employee's experience as a sworn Fire Fighter.  These changes are prospective from the date of approval of this recommendation and apply to lateral entry Fire Fighters hired on or after October 6, 2006.
Financial Implications: Measure GG, Paramedic Tax Fund and General Fund - $20,000
Contact: David Hodgkins, Human Resources, 981-6800

15.  Classification: Director of Housing and Community Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,211–N.S., to revise and retitle the at-will Director of Housing classification to Director of Housing and Community Services, effective June 28, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

16.  Contract No. 6832B Amendment: Wireless Data Services for Police Vehicles (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6832B with Sprint Nextel Corporation (formerly Sprint Corporation) for Police Vehicle Wireless Data Services, increasing the amount by $54,720, for a total contract amount not to exceed $159,720, and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

17.  Contract No. 5224C Amendment: Application Associates Computer Training (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 5224C with Application Associates for Citywide Computer Training, increasing the amount by $60,000 for a total contract amount not to exceed $270,000, and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

18.  Lease Agreement: 80 Bolivar Drive (North Building) in Aquatic Park with Waterside Workshop (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshop to use the North Building at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin September 1, 2009 and ending August 31, 2011.
Financial Implications: Parks Tax Revenue - $317
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

19.  Contract No. 6397A Amendment: Enforcement Technology, Inc - Handheld Parking Citation Services (PDF)
From: City Manager
Recommendation:
Adopt Resolution authorizing the City Manager to amend contract number 6397A by $93,000 for a total amount not to exceed $512,000 to Enforcement Technology, Inc. for processing of parking citations.
Financial Implications: Parking Enforcement Fund - $16,000
Contact: Douglas N. Hambleton, Police, 981-5900

20.  Joint Grant Application to Green Building and Bay-Friendly Landscaping for Animal Shelter Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a joint grant application to Green Building and Bay-Friendly Landscaping for the Animal Shelter project to offset some of the costs associated with implementing Green Building and Bay-Friendly Landscaping related items in the amount of $65,000; and accept the grants awarded, and execute any resultant agreements and amendments. The Green Building portion of the grant is $50,000; the Bay-Friendly Landscaping portion is $15,000.
Financial Implications: Alameda County Recycling Fund - $65,000 revenue
Contact: Claudette Ford, Public Works, 981-6300

21.  Establishing a Bay-Friendly Landscaping Policy for City Projects (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to implement a Bay-Friendly Landscaping (BFL) Policy for City projects, and the Director of Public Works to designate a BFL Compliance Official.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

22.  Contract No. 6856C Amendment: Community Conservation Centers (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6856C with Community Conservation Centers (CCC) for recycling services, increasing the contract amount by $744,000 for a new total amount not to exceed $2,724,000 and extending the term to June 30, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

23.  Contract No. 2146F Amendment: Ecology Center for Curbside Recycling Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 2146F with the Ecology Center for residential curbside recycling collection, increasing the contract amount of $6,678,166 by $1,694,000 for a not to exceed amount of $8,372,166 and extending the contract term from June 30, 2009 to December 31, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

24.  Contract Amendments: Burks Toma Architects (7721A) and Design, Community, and Environment (7185C) for Design Services for the Animal Shelter (PDF)
From: City Manager
Recommendation:
Adopt Resolutions authorizing the City Manager to:
1.   Execute an amendment to Contract No. 7721A with Burks Toma Architects (BTA) for additional architectural services on the new Animal Shelter in an amount of $10,150 for a revised amount not to exceed $574,440 including all reimbursable expenses maintaining the contract term through June 30, 2010.
2.   Execute an amendment to Contract No. 7185C with Design, Community, and Environment (DC&E) for additional civil engineering and landscape design services associated with the new Animal Shelter in an amount of $23,765 for a revised amount not to exceed $161,477 on the Animal Shelter portion and a total revised contract amount not to exceed $329,498 and maintaining the contract term to June 30, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

25.  Amending BMC Chapter 6.24 Municipal Off-Street Parking Lots to Include Pay-and-Display Stations (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 6.24 Municipal Off-Street Parking Lots to include pay-and-display stations, and authority to designate locations for vehicle-sharing pods, by: 1.   Adding Section 6.24.013, Section 6.24.025, Section 6.24.093, Section 6.24.096, Section 6.24.103, and Section 6.24.135; and 2.  Amending Section 6.24.020, Section 6.24.030, Section 6.24.040, Section 6.24.050, Section 6.24.070, Section 6.24.080, Section 6.24.090, Section 6.24.100, and Section 6.24.120.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

26.  Contract No. 7700 Amendment: Fairbanks Scales for the Maintenance and Repair of Solid Waste Transfer Station Scales (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $40,000 with Fairbanks Scales, Inc., for the maintenance and repair of scales at the solid waste transfer station for a total contract amount not to exceed $90,000 for the period April 1, 2007 through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

27.  Contract: Field Paoli for Architectural and Engineering Design Services - Berkeley Public Library Improvement Bond Program (South Branch Library), Measure FF (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Field Paoli Architects to provide architectural and engineering services for the South Branch Library project in an amount not to exceed $785,000 for all services and reimbursable expenses for the period from June 30, 2009 through December 31, 2011.
Financial Implications: Measure FF - $785,000
Contact: Donna Corbeil, Library, 981-6100

28.  Contract: Architectural Resources Group, Inc. for Architectural Services for the Renovation (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Architectural Resources Group to provide architectural and engineering services for the North Branch Library project in an amount not to exceed $682,950 for all services and reimbursable expenses for the period from June 30, 2009 through December 31, 2011.
Financial Implications: Measure FF – $682,950
Contact: Donna Corbeil, Library, 981-6100

29.  Assessment: Elmwood Theater Business Improvement Area for FY 09 and Renewal of Assessments for FY 10 (PDF)
From: Elmwood Advisory Board
Recommendation:
Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2009; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2010; and 3) setting a public hearing on the levy of assessments for July 14, 2009.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7000

30.  Leave of Absence Request for Alan Maris (PDF)
From: Mental Health Commission
Recommendation:
Approve a leave of absence for Allan Maris from the Mental Health Commission for the period June 1, 2009 through July 31, 2009.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, (510) 981-5217

31. **Removed from agenda by City Manager**Street Repair Policy Update and Permeable Paver Trial Project

Council Consent Items

32.  Develop Specific Recommendations For the City's Sound Ordinance to Better Accomplish the City's Goals for the Downtown (PDF)
Revised material (PDF)
From: Councilmembers Moore, Capitelli and Wengraf
Recommendation:
Direct the City Manager to develop specific recommendations on how the City’s Sound Ordinance can better reflect the City’s goals for the Downtown and have the City Manager report back by September 2009.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

33.  Support AJR 19, Urging Congress To Repeal the Defense of Marriage Act (PDF)
From: Councilmembers Moore, Anderson, Arreguin and Worthington
Recommendation:
Support AJR 19 and that the City Clerk send a letter of support to our local legislators.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

34.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to St. Paul AME Church (PDF)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of $100 to the St. Paul AME Church for 2009 Economic Empowerment Fair with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget.
Financial Implications: Council Office Budget Discretionary Account - $100
Contact: Max Anderson, Councilmember, District 3, 981-7130

35.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Black Infant Health Program (PDF)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of $100 to the Black Infant Health Program with funds relinquished to the City's General Fund for this purpose from Councilmember Max Anderson's discretionary Council Office Budget.
Financial Implications: Council Office Budget Discretionary Account - $100
Contact: Max Anderson, Councilmember, District 3, 981-7130

36.  City Sponsorship of the Fond Farewell Funeral Fair (PDF)
From: Councilmember Arreguin
Recommendation:
Cosponsor the 2009 Fond Farewell Funeral Fair Benefit to be held on Saturday, November 7th, 2009 at the Grace North Church.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

37.  City Sponsorship of the 2009 Telegraph LastSundays Fest (PDF)
From: Mayor Bates and Councilmember Worthington
Recommendation:
That the Berkeley City Council co-sponsor the 2009 Telegraph LastSundays Fests in collaboration with the Telegraph Business Improvement Association.
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.  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 – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

38.  ZAB Appeal: 651 Addison Street (PDF)
Administrative Record - Pt 1A (PDF)
Administrative Record - Pt 1B (PDF)
Administrative Record - Pt 2 (PDF)
Administrative Record - Pt 3 (PDF)
Administrative Record - Pt 4 (PDF)
Administrative Record - Pt 5 (PDF)

From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000057 to construct a five-story mixed-use building.
Financial Implications: None
Contact: Debra Sanderson, Planning and Development 981-7400

b.     Communications
1.  Stephen Wollmer

Action Calendar – Old Business

39.  Wireless Telecommunication Facilities: Direction on Next Steps (Continued from June 9, 2009) (PDF)
From: City Manager
Recommendation: Provide direction on the timing, process, and funding for preparation of a wireless Telecommunications Master Plan.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business
 

40.  FY 2010 & FY 2011 Biennial Budget Adoption
a. From: 
City Manager (PDF)
     Attachment (PDF)
     Revised materials (PDF)
Recommendation:
1.      Adopt a Resolution adopting the FY 2010 & FY 2011 Biennial Budget as contained in the City Manager’s FY 2010 & FY 2011 Proposed Biennial Budget that includes the Citywide Workplan and Proposed Capital Budget, presented on May 5, 2009, and as amended by subsequent Council action.
2.      Set aside new revenue generated from parking-related program changes pending the outcome of the State budget and performance of local revenues.
3.      Schedule a workshop and possible action on October 13, 2009, to review the impact of the State budget cuts and City revenue trends.
4.      Adopt a Resolution opposing any legislation that diverts the City’s share of funding from the Highway Users Tax Account (HUTA), also known as the “gas tax,” to fund the state general fund.
5.      Adopt a Resolution authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2010, as reflected in Attachment 1, and as amended by Council action – including the following language:

  • All agencies regardless of contract amount receive four quarterly payments; and
  • All agencies regardless of contract amount must submit quarterly statements of expense. The final statement of expense must be accompanied by a copy of the agency's General Ledger and a Statement of Revenues and Expenditures for each program funded by the City; and
  • Agencies with contracts of $100,000 or less must produce two program reports, one at mid-year  and one at year-end; and
  • Agencies with contracts over $100,000 must produce four program reports, submitted quarterly.

6.      Adopt a Resolution approving the revised funding allocations from the federal Department of Housing and Urban Development (HUD) and the State Department of Community Services Development for Community Development Block Grant (CDBG) and Community Services Block Grant (CSGB) funding; allocating the increased CDBG funding of $5,689 to the Housing Trust Fund; and allocating the increased CSBG funding of $16,592 to Building Opportunities for Self Sufficiency (BOSS) Harrison House and Multi-Agency Services Center programs to address health and safety issues at these facilities.
7.      Add five Voluntary Days Off (VTO) days to the City’s VTO schedule.
8.       Set aside $700,000 in Housing Trust Funds for possible allocation to the Berkeley Housing Authority pending the completion of the appropriate allocation process.
Financial Implications: See report
Contact: Tracy Vesely, City Manager, 981-7000

b. From: Mayor Bates (PDF)
Recommendation: Adopt the following amendments to the FY 2010-2011 Budget:
1.   Approve new revenues totaling $1.59 million in 2010 and $2.64 million in 2011.
2.   Allocate $170,000 to new recurring expenses:
a.   RISE at $45,000
b.   Berkeley Convention & Visitors’ Bureau for Berkeley-based Filmmaker grants at $25,000
c.   City of Berkeley Public Health Division partnership with Lifelong Medical Care Inc. for Hypertension Clinic at $100,000.
3.   Allocate one-time only expenses of $6,000 for Telegraph Avenue LastSunday Fest and set aside up to $700,000 from the Housing Trust Fund for the Berkeley Housing Authority’s capital expenses. 
4.   Reserve the remainder of new revenues until we receive a budget review in the fall and we analyze the impact of the State Budget on our city services.
5.   Defer decisions on other Council budget referrals until we have fully assessed the impact of the state budget on our city services and infrastructure.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

c. Parking Citation Fines Increase (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving a new schedule of fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation; and Rescinding Resolution 64,385–N.S. and all amendments thereto, effective October 1, 2009.
Financial Implications: $790,000 in FY 2010 General Fund Revenue; $1.35 million in annual General Fund revenue
Contact: Tracy Vesely, Budget Manager, 981-7000

d. FY 2010 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adopting the FY 2010 Annual Appropriations Ordinance (AAO) in the amount of $382,659,412 (gross appropriations) and $333,355,332 (net appropriations).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

e. Organizational Ordinance Updates (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 2.50.010, 2.50.020, 2.50.030, 2.50.040, 2.50.050, 2.50.060, 2.61.020, 2.62.010, 2.62.020, 2.62.030, and 2.60.040 to reflect organizational changes.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager, 981-7000

f. Appropriations Limit for FY 2010 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution establishing the appropriations limit at $173,028,088 for FY 2010 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

Action Calendar - Presentation

41.  Presentation: Aquatic Park Improvement Plan - Environmental Analysis (PDF) (Time estimate – 10 minutes)
Supplemental materials (PDF)
Presentation (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Information Reports
 

42.  Preparations for Census 2010 (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000

43.  Update on Medi-Cal Mental Health Audit (PDF)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100

44.  Status Update: Implementation of FUND$ Change Management Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

45.  Dog Use at Great Stone Face Park (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

46.  Audit Update: Association of Sports Field Users (ASFU) Contract at Harrison Park Fields (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

47.  List of Street Trees (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

48.  Audit Plan for Fiscal Year 2010 (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 an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

 Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 18, 2009. 

Deanna Despain, City Clerk

Communications (PDF) 

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.

UC Berkeley 2020 Long Range Development Plan
1.  Emily Marthinsen

International Food Festival Sound Concerns
2.  Carol Denney (2)

Code Enforcement Concerns
3.  Maxina Ventura
4.  Barbara Gilbert

Refuse Recycling
5.  Marie Bowman

Soft Story Ordinance and AB 280
6.  Disaster & Fire Safety Commission

School Truancy
7.  Barbara Gilbert

Library Barcode System
8.  Joan Levinson

Refuse Rate Increase
9.   Giovanna Brennan
10. Kent Lewandowski, on behalf of the Sierra Club Northern Alameda County Group

A Commuter-Benefit Ordinance
11. Rick Fernandez, on behalf of AC Transit

 

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