General Information
General Information

Regular Meeting Annotated Agenda
June 12, 2012

Printer-friendly PDF* annotated agenda 

 

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

Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 12, 2012

7:00 P.M.

COUNCIL CHAMBERS - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

 

Preliminary Matters

Roll Call: 7:03 p.m.  All present.

Ceremonial Matters

  1. Recognition for David Lance Goines, Local Artist
  2. Amateur Radio Week

City Manager Comments:

  1. Pre-K Power Play Open House, June 13, 11:30am, James Kenney Recreation Center
  2. Tennis Competition, June 16-17, San Pablo Park
  3. WIC Wellness Fair, June 20, 11am, Public Health Clinic
  4. San Pablo Park Basketball Courts Re-Opening, June 23
  5. June 24, Juneteenth Festival, South Berkeley

 Public Comment on Non-Agenda Matters: 4 speakers. 


Public Comment on Consent Calendar and Information Items Only: 7 speakers.

Consent Calendar

Action: M/S/C (Maio/Worthington) to accept supplemental material from staff for items 2, 3, 5, and 6, and supplemental material from the Peace and Justice Commission for item 36.

Vote: All Ayes.

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

Vote: All Ayes.

1. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 1, 2012 (special and regular), May 8, 2012 (special closed and special), May 15, 2012 (special and regular), and May 22, 2012 (special).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes as submitted

2. FY 2013 Tax Rate: Business License Tax on Large Non-Profits (PDF)
Revised Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2013 tax rate for Business License Tax on large non-profits at $0.52.4 (52.4 cents) per square foot of improvements over 120,000.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Revised material submitted. Adopted first reading of Ordinance No. 7,241–N.S.  Second reading scheduled for June 26, 2012.

3. FY 2013 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
Revised Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt first reading of an Ordinance 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 $0.12015 (12.015 cents) per square foot of taxable improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Revised material submitted. Adopted first reading of Ordinance No. 7,242–N.S.  Second reading scheduled for June 26, 2012.

4. FY 2013 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,243–N.S.  Second reading scheduled for June 26, 2012.

5. FY 2013 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds - Election of November 2008 (PDF)
Revised Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Revised material submitted. Adopted first reading of Ordinance No. 7,244–N.S.  Second reading scheduled for June 26, 2012.

6. FY 2013 Tax Rate: Fund the Provision of Emergency Medical Services (PDF)
Revised Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting a special tax rate of $0.0321 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: Revised material submitted. Adopted first reading of Ordinance No. 7,245–N.S.  Second reading scheduled for June 26, 2012.

7. FY 2013 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,246–N.S.  Second reading scheduled for June 26, 2012.

8. FY 2013 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,247–N.S.  Second reading scheduled for June 26, 2012.

9. FY 2013 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,248–N.S.  Second reading scheduled for June 26, 2012.

10. FY 2013 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 2013 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,249–N.S.  Second reading scheduled for June 26, 2012.

11. FY 2013 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 2013 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,250–N.S.  Second reading scheduled for June 26, 2012.

12. Levying a Special Tax for FY 2013 to Fund the Provision of Library Services (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted first reading of Ordinance No. 7,251–N.S.  Second reading scheduled for June 26, 2012.

13. Notice of Appropriations Limit for FY 2013 (PDF)
From: City Manager
Recommendation: Adopt a Resolution providing notice that:
1. Council will adopt an appropriations limit for Fiscal Year 2013 at its meeting of June 26, 2012; and
2. The amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 11, 2012.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,752–N.S.

14. Temporary Appropriations FY 2013 (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, 2012, until the effective date of the FY 2013 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,753–N.S.

15. Contract No. 7381E Amendment: Corporate Care, LLC for the provision of Carpet Cleaning and Carpet Maintenance Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7381E with Corporate Care, LLC for the provision of carpet cleaning and carpet maintenance services at the Mental Health clinic sites to increase the amount by $13,000 for a total contract amount not to exceed $69,300 and extending the term through June 30, 2013.
Financial Implications: Various Funds - $13,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,754–N.S.

16. Grant: California Childhood Lead Poisoning Prevention Branch for the Childhood Lead Poisoning Prevention Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Childhood Lead Poisoning Prevention Branch (CLPPB) for the Childhood Lead Poisoning Prevention Program (CLPPP) in the amount of $234,774 to implement the "Childhood Lead Poisoning Prevention Program" for the period July 1, 2011 to June 30, 2014; and to execute the resultant revenue agreements, contracts and any amendments and extensions.
Financial Implications: Health Fund - $234,774 (revenue)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,755–N.S.

17. Grants: Tuberculosis Local Assistance Subvention from California Department of Public HealthFrom: City Manager (PDF)
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the California Department of Public Health (CDPH) for funds in the amount of $30,806 (Local Assistance and Subvention) in Fiscal Year 2013 for conducting public health tuberculosis surveillance, control, and prevention services; accept the grant; execute any resultant revenue agreements and amendments; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: Health Fund - $30,806 (revenue)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,756–N.S.

18. Contract No. 7050D Amendment: Berkeley Food & Housing Project for Operating Costs for the Russell Street Residence and Third Party Administration of Mental Health Client Funding Supports and Assistance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050D with the Berkeley Food & Housing Project to increase the amount by $100,000 for a total contract amount not to exceed $487,500 and to extend the contract through June 30, 2013 for operating costs for the Russell Street Residence supportive housing facility and to provide third party administration of Mental Health client funding supports and assistance.
Financial Implications: Various Funds - $100,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,757–N.S.

19. Contract No. 7207A Amendment: Lakehurst Hall, Inc. for Temporary Housing (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7207A with Lakehurst Hall for the provision of temporary housing to Mental Health clients increasing the contract amount by $10,000 for a total contract amount not to exceed $91,500, and extending the term through June 30, 2013.
Financial Implications: Various Funds - $10,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,758–N.S.

20. Contract No. 7852 Amendment: Lan Do Associates, LLC for the Provision of Translation and Interpretation Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7852 with Lan Do Associates, LLC in the amount $20,100, increasing the total contract amount to $90,100 for the provision of translation and interpretation services for mental health programs and to extend the expiration date to June 30, 2013.
Financial Implications: Mental Health Services Act Fund - $20,100
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,759–N.S.

21. Contract Amendments: Mental Health Services Act Prevention and Early Intervention and Community Services and Support (PDF)
From: City Manager
Recommendation: Adopt 7 Resolutions authorizing the City Manager to execute amendments for the following contracts that are funded through Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) or Community Services and Supports (CSS) monies increasing the contract amount and extending the contracts through June 30, 2013:
1.   Increasing Contract No. 8801 with Center for Independent Living (CIL) in the amount of $26,520 for a total contract amount not to exceed $53,040 for supports for seniors;
2.   Increasing Contract No. 8560 with G.O.A.L.S. For Women, Inc. in the amount of $26,520 for a total contract amount not to exceed $79,560 to serve African American women and their families;
3.   Increasing Contract No. 8516 with Pacific Center for Human Growth in the amount of $26,520 for a total contract amount not to exceed $79,560 to serve low income Lesbian, Gay, Bi-sexual, Transgender, Queer, Questioning and Intersex (LGBTQQI) individuals;
4.   Increasing Contract No. 8573 with Albany Unified School District (Albany USD) by $53,040 for a total contract amount not to exceed $159,120 for services to Asian Pacific Islander, Latino, and African American youth;
5.   Increasing Contract No. 8606 with Youth Engagement Advocacy Housing (YEAH), in the amount of $26,520 for a total contract amount not to exceed $79,560 for support groups for transition age youth (TAY);
6.   Increasing Contract No. 8439 with Youth Engagement Advocacy Housing (YEAH), in the amount of $101,768 for a total contract amount not to exceed $305,304 for services to Asian and Latino transition age youth;
7.   Increasing contract No. 8975 (CMS No. AC8CT) with Berkeley Unified School District (BUSD) in the amount of $35,000 for a total contract amount not to exceed $90,000 for elementary school aged youth.
Financial Implications: Mental Health Services Act Fund - $295,888
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution Nos. 65,760–N.S. (Contract 8801), 65,761–N.S. (Contract 8560), 65,762–N.S. (Contract 8516), 65,763–N.S. (Contract 8573), 65,764  –N.S. (Contract 8606), 65,765–N.S. (Contract 8439), 65,766–N.S. (Contract 8975).

22. Contract No. 8287 Amendment: Claremont Behavioral Services for Employee Assistance Program Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8287 with Claremont Behavioral Services (Claremont) in order to provide continued services for the Employee Assistance Program (EAP) by increasing expenditure authority in an amount not to exceed $315,000, for a total contract amount of $635,000, through June 30, 2015.
Financial Implications: Payroll Deduction Trust Fund - $315,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,767–N.S.

23. Contract No. 7258B Amendment: KANA Community Relationship Management (CRM) Software Maintenance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7258B with KANA Software (formerly Lagan Technologies, Inc.) for software maintenance, increasing the amount by $27,773 for a total not to exceed $593,273 from March 23, 2007 through June 30, 2013.
Financial Implications: General Fund - $27,773
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,768–N.S.

24. Contract No. 6893E Amendment: Nexus IS for Telephone Maintenance and Equipment Replacement (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6893E with Nexus IS for an extended telephone equipment warranty, increasing the amount by $55,000, for a total contract amount not to exceed $465,000 for the term January 1, 2006 through June 30, 2013.
Financial Implications: General Fund - $55,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,769–N.S.

25. Contract No. 7167D Amendment: SunGard Public Sector for FUND$ Software Maintenance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167D with SunGard Public Sector for maintenance and support of the City's FUND$ system, increasing the amount of the current contract by $145,000 for a total not to exceed $950,000 from July 1, 2006 through June 30, 2013.
Financial Implications: General Fund - $145,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,770–N.S.

26. Contract No. 7562B Amendment: Decade Software Company for Software Licensing and Support (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7562B with Decade Software Company for software licensing and support, increasing the original amount by $43,184 for a total not to exceed $181,333 from February 21, 2008 to June 30, 2013.
Financial Implications: Various Funds - $43,184
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,771–N.S.

27. Contract No. 5864E Amendment: Granicus Video Streaming Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5864E with Granicus Inc. for video streaming, podcasting, and archiving, increasing the amount by $50,800 for a total not to exceed $285,600 from November 14, 2002 to June 30, 2014.
Financial Implications: Various Funds - $50,800
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,772–N.S.

28. Grant and Contract: 2011 Edward J. Byrne Memorial Justice Assistance Grant (JAG) for Berkeley Police Department Costs (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $57,650 in Federal funds from the 2011 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to be used for funding overtime costs associated with serious violent crimes for a period of approximately 24 months.
Financial Implications: JAG Grant Fund: $54,768
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,773–N.S.

29. Contract: EVRA Construction, Inc. for Fire Station No. 5 Renovation (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1. Approving the plans and specifications for Fire Station No. 5 Renovation, Specification No. 12-10638-C;
2. Deeming that the lowest bid received from S&H Construction, Inc. is non-responsive;
3. Accepting the bid of EVRA Construction, the lowest responsive and responsible bidder; and
4. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $475,200 for the period of 120 days from the date of the notice to proceed.
Financial Implications: Measure G Public Safety Facilities/Seismic Improvements Fund - $475,200
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,774–N.S.

30. Contract: Building Opportunities for Self Sufficiency for Leaf and Litter Abatement (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self Sufficiency for leaf and litter abatement in an amount not to exceed $1,602,500 for the period July 1, 2012 to June 30, 2017.
Financial Implications: Refuse Collection Disposal - $1,602,500
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,775–N.S.

31. Repeal and Reenact Berkeley Municipal Code Chapter 12.34 Semi Automated Curbside Refuse Collection (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Chapter 12.34 of the Berkeley Municipal Code (BMC) regulating Curbside Refuse Collection.
Financial Implications: Refuse Fund - $25,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,252–N.S.  Second reading scheduled for June 26, 2012.

32. Proclaiming June 26, 2012 as United Nations International Day in Support of Victims of Torture (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution proclaiming June 26, 2012 as United Nations International Day in Support of Victims of Torture.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Adopted Resolution No. 65,776–N.S.

33. Endorse Economists' Statement in Support of Occupy Wall Street (PDF)
From: Peace and Justice Commission
Recommendation: Endorse the Economists' Statement in support of Occupy Wall Street.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action: Approved recommendation.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Wozniak.

34. Restore Due Process and the Right to Trial (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution: 
1. Opposing indefinite military detention (without trial) as authorized by the National Defense Authorization Act ("NDAA") and seeking the repeal of its detention (without trial) provisions;
2. Instructing all our public agencies to decline requests by federal agencies acting under detention powers granted by the NDAA that could infringe upon residents' freedom of speech, religion, assembly, privacy, or rights to counsel; and
3. Supporting the restoration of due process and the right to trial.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Adopted Resolution No. 65,777–N.S.

35. Free All Political Prisoners in Burma and Support Respect for Basic Human Rights (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution calling for the immediate release of all Burmese political prisoners and supporting the right of the Burmese people to exercise fundamental political and civil liberties, including freedom of expression, assembly, association, movement, press, and the right to multiparty elections.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Adopted Resolution No. 65,778–N.S.

36. Ask Governor Jerry Brown to Release Human Trafficking Victim Sara Kruzan with Time Served (PDF)
Revised Agenda Material (PDF)
From: Peace and Justice Commission 
Recommendation: Adopt a Resolution and send a letter asking Governor Jerry Brown to release human trafficking victim Sara Kruzan with time served.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
Action:  Revised material submitted. Adopted Resolution No. 65,779–N.S.


Council Consent Items

37. Delivery Vehicles on Telegraph Ave (PDF)
From: Mayor Bates
Recommendation: Refer to the Transportation Commission amendments to BMC Chapter 14.56 that would limit deliveries to businesses on Telegraph Avenue between Dwight Way and Bancroft Way to delivery vehicles of 30 feet or less, and only between 6 a.m. and 11 a.m.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
Action: Held over to July 10, 2012.

38. Downtown No Smoking Signage: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember for No Smoking Signs in the Downtown with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,780–N.S. Amended to include contributions from Councilmember Arreguin - $250; Councilmember Anderson - $250; Councilmember Capitelli - $250.

39. San Francisco LGBT Pride Parade: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of funds relinquished from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute, in an amount not to exceed $TBD per Councilmember, including up to $TBD from Councilmember Worthington, to pay for having an official City of Berkeley float in the San Francisco LGBT Pride Parade.
Financial Implications: Councilmember's Discretionary Fund - $TBD
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,781–N.S.  Amended to include contributions from Councilmember Arreguin - $250; Councilmember Anderson - $250; Councilmember Moore - $250; Councilmember Worthington - $700.

Action Calendar - Public Hearing

40. West Berkeley Project – Master Use Permit Process (Continued from May 22, 2012) (PDF)
From: City Manager
Recommendation: Conduct a public hearing on the amendments to the West Berkeley Plan, and upon conclusion:

1.   Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments and adopting CEQA findings and the Mitigation Monitoring Program;
2.   Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan;
3.   Adopt first reading of an Ordinance repealing and reenacting BMC Chapter 23B.36 Master Use Permits; and
4.   Adopt a Resolution referring the issues of Community Benefit Agreements and site aggregation to the Planning Commission.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 60 speakers. 
Action: M/S/C (Capitelli/Moore) to close the public hearing.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Worthington.

Councilmember Worthington absent 8:15 p.m. – 8:55 p.m.

Action: M/S/C (Maio/Moore) to call the question on Recommendation #1. 
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/C (Capitelli/Moore) to adopt Resolution No. 65,782–N.S. certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments and adopting CEQA findings and the Mitigation Monitoring Program.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/C (Capitelli/Moore) to include revised language in Zoning Ordinance Section 23B.36.010 to exclude sites adjacent to Aquatic Park from MUP eligibility.
Vote: Ayes - Maio, Moore, Capitelli, Wozniak, Bates; Noes – Arreguin, Wengraf; Abstain – Anderson, Worthington.

Action: M/S/C (Arreguin/Anderson) to amend 23B.36.050.A.1. to delete “full or partial” and substitute “no more than 50%”. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action: M/S/C (Capitelli/Moore) to

1. To direct staff to bring back the Zoning Ordinance Amendments for Master User Permits, as amended below, and the amendments to the West Berkeley Plan, and by reference the General Plan on July 10, 2012 in the form of a ballot measure that may be placed on teh ballot by Council at the November 6, 2012 election.

a. Amend 23B.36.050.A.1 to delete "full or partial" and substitute "no more than 50%".

b. Amend 23B.36.050.A.1 to include specific height limits for the C-W by including direct reference to applicable code section.

c. Add a new section that includes provisions that no MUP for a site adjacent to Aquatic Park would be approved until specific additional Aquatic Park protection/mitigation requirements are considered by the Planning Commission and adopted by the City Council.

2. Bring back a Resolution on July 10, 2012 referring the issues of Community Benefit Agreements, an Aquatic Park protection package, and site aggregation to the Planning Commission.

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

Action Calendar - Old Business

41.   Banking Service Request for Proposal (Continued from May 29, 2012)

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

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

Action: Held over to June 26, 2012.

42. Contribution Limits on Contractors doing Business with the City (Continued from May 29, 2012) (PDF)
From: Councilmember Arreguín
Recommendation: Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: Held over to June 26, 2012.


Action Calendar – New Business

43. Borrowing of Funds and the Sale and Issuance of FY 2013 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2013 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,783–N.S. approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2013 Tax and Revenue Anticipation Notes.

44.  City Council Comments on FY 2013 Proposed Budget and Work Plan

a. From: City Manager (PDF)
Recommendation:
Discuss comments from Council on the FY 2013 Proposed Budget.
Financial Implications: See May 1, 2012 Proposed FY 2013 Budget Report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

b. From: City Manager (PDF)
Recommendation:
Discuss comments from Council on the FY 2013 Citywide Work Plan.
Financial Implications: See Item 44a
Contact: Mary Kay Clunies-Ross, City Manager’s Office, 981-7000
Action: 0 speakers. Presentation made and discussion held regarding:
a. the FY 2013 Proposed Budget; and
b. the FY 2013 Citywide Work Plan.

45. Voting Delegates - League of California Cities Annual Conference (PDF)
From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 7, 2012, at the San Diego Convention Center.
Financial Implications: See report
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Moved to Consent Calendar.  Designated Councilmember Wengraf as a voting delegate and Councilmember Worthington as an alternate for the business meeting of the Annual League of California Cities meeting to e held on Friday, September 7, 2012, at the San Diego Convention Center.

46. Utility Users Tax Ballot Measure (PDF)
From: City Manager
Recommendation: 
1.   Adopt a Resolution placing the attached measure to amend the utility users tax on the ballot at the November 6, 2012 General Municipal Election.
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: None
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar. 
1.   Adopted Resolution No. 65,784–N.S. placing the attached measure to amend the utility users tax on the ballot at the November 6, 2012 General Municipal Election revised to changes the title of section 7.70.190 to “Verification Audit.”
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.  No action taken.  Held over to June 26, 2012.


Council Action Items

47. Civil Sidewalks Ballot Measure (PDF)
From: Mayor Bates
Recommendation: Request the City Manager draft ballot measure language for City Council consideration on July 10, 2012 amending the Municipal Code to restrict sitting on the sidewalk in all commercial zones in the City of Berkeley.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes –Worthington; Abstain – None; Absent - Wengraf.

Councilmember Wengraf absent 10:18 p.m. – 11:25 p.m.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:30 a.m.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:50 a.m.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

Action: M/S/C (Bates/Maio) to limit debate to two minutes per Councilmember.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: 91 speakers. M/S/C (Bates/Maio) to approve the Mayor’s recommendation to request the City Manager draft ballot measure language for City Council consideration on July 10, 2012 amending the Municipal Code to restrict sitting on the sidewalk in all commercial zones in the City of Berkeley with an effective date of   July 1, 2013.
Vote: Ayes - Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Information Reports

48. Landmarks Preservation Commission Notice of Decision for Structural Alteration Permit (LM No.11-40000012) (PDF)
From: Planning and Development
Contact: Eric Angstadt, Planning and Development, 981-7400
Action:  Received and filed.

49. Permeable Pavers Trial Project (PDF)
From: Public Works Commission
Contact: Jeff Egeberg, Commission Secretary, 981-6406
Action:  Received and filed.


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


Adjourned in memory of:

1.    Jesse Phelps
2.
    Brandy Martell

 Adjourned at 12:46 a.m.

Communications (PDF)

Soft Story Ordinance & Condition of Rentals
1.    Mary Rose Kaczorowski

Council Expenditure Accounts
2.    Barbara Gilbert

Preferential Parking Permit Fees
3.    Estelle Jelinek

Magazine Recycling at North Branch Library
4.    Maris Arnold

Parking Options in Elmwood
5.    Ky Boyd, on behalf of Rialto Cinemas

Exit Sign Concerns
6.    Carly Brown

Police Conduct
7.    C. Welter
8.    Phillip St. James

Supplemental Communications and Reports 1 (PDF)

Item 36: Ask Governor Jerry Brown to Release Human Trafficking Victim Sara Kruzan with Time Served
9.    Eric Brenman

Item 40: West Berkeley Project – Master Use Permit Process
10. Toni Mester

Item 47: Civil Sidewalks Ballot Measure
11. Carol Denney

Supplemental Communications and Reports 2 (PDF)

Item 40: West Berkeley Project – Master Use Permit Process
12. Edward Moore
13. Chris Barlow
14. Adolfo Cabral
15. Shirley Dean
16. Susan Henderson
17. Jeff & Joan Angell
18. Barbara Bowman
19. Jack Litewka
20. Joshua Pfeffer
21. Gale Garcia
22. T.R. Edlin
23. Greg Jan, on behalf of the Green Party of Alameda County

Item 46: Utility Users Tax Ballot Measure
24. Barbara Gilbert

Item 47: Civil Sidewalks Ballot Measure
25. Noah Sochet
26. George Lippman
27. Margot Smith, on behalf of the Berkeley-East Bay Gray Panthers
28. Sally Sommer
29. Associated Students of the University of California
30. Janny Castillo
31. Alan Schlosser, on behalf of the American Civil Liberties Union of Northern California
32. Delphine Brody
33. Nancy Carleton
34. Gordon Wozniak, District 8
35. Osha Neumann

Supplemental Communications and Reports 3 (PDF)

Item 2: FY 2013 Tax Rate: Business License Tax on Large Non-Profits

  • Revised materials, submitted by Finance Department (see agenda item)

Item 3: FY 2013 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping

  • Revised materials, submitted by Finance Department (see agenda item)

Item 5: FY 2013 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds - Election of November 2008

  • Revised materials, submitted by Finance Department (see agenda item)

Item 6: FY 2013 Tax Rate: Fund the Provision of Emergency Medical Services

  • Revised materials, submitted by Finance Department (see agenda item)

Item 36: Ask Governor Jerry Brown to Release Human Trafficking Victim Sara Kruzan with Time Served

  • Revised materials, submitted by the Peace & Justice Committee (see agenda item)

Item 40: West Berkeley Project – Master Use Permit Process

36. Beverly Doane
37. Dan Knapp
38. Stewart Jones
39. Jeffrey Kaplan
40. Gene Poschman
41. Peter Eakland
42. Adolfo Cabral
43. Darrell deTienne
44. Curtis Manning, on behalf of Friends of the West Berkeley Plan
45. Unknown

Item 43: Borrowing of Funds and the Sale and Issuance of FY 2013 Tax and Revenue Anticipation Notes

46. Barbara Gilbert
47. Gordon Wozniak
48. Barbara Gilbert

Item 47: Civil Sidewalks Ballot Measure

49. Stephanie Thomas
50. Meridith Zugel
51. Rebecca Soffer
52. John Caner (7)
53. Chad Everone
54. Sally Hindman
55. Unknown
56. Thirty-two ‘in-support-of’ postcards (Available for viewing in the City Clerk’s Office)

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