The Council will consider
removal and addition of items to the Consent Calendar prior to voting on the
Consent Calendar. All items remaining
on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will
be taken up after the "Action Calendar" unless the Council reorders
the agenda.
1.
Gas Heating
Certification Compliance Schedule
(PDF, 142 KB) (First Reading July 12, 2005 –
Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040 to allow the
City Manager to establish a schedule for when owners of residential dwelling
units and lodging houses are required to comply with the gas heating
certification program.
Financial Implications: Increased revenue.
Contact: Stephen Barton,
Housing, 981-5400
2.
Lease: Women’s Daytime Drop In Center
(PDF, 1 MB)
(First
Reading July 12, 2005 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Ordinance No. 6,782-N.S. to ratify the 20-year lease
agreement with a 10-year option to extend with the Women’s Daytime Drop In
Center (WDDC) for City-owned property located at 2213 Byron Street for the
purpose of providing transitional housing for homeless women and children.
Financial Implications: None.
Contact:
Stephen Barton, Housing, 981-5400
3.
Contract: The Berkeley Alliance
(PDF, 727 KB)
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to execute a contract and any
amendments with the Berkeley Alliance to provide administrative support and
project services for a partnership endeavor with the Berkeley Unified School
District (BUSD) and UC Berkeley not to exceed $65,000 for the period July 1,
2005 to June 30, 2006.
Financial Implications: General Fund – $65,000.
Contact: Arrietta Chakos,
City Manager, 981-7000
4.
Contract: Legislative Representation Services - Lynn Suter
& Associates (PDF, 999 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Lynn Suter & Associates to provide the City with
legislative representation services in Sacramento from July 1, 2005 to June 30,
2006, in an amount not to exceed $49,970.
Financial Implications: General Fund – $49,970.
Contact: Arrietta Chakos,
City Manager, 981-7000
5.
Formal Bid Solicitations and Requests for Proposals
(PDF, 170 KB)
From: City Manager
Recommendation: Approve new invitations
for bids and requests for proposals (RFP) that will be, or are planned to be,
issued; that have been issued and received due to extenuating circumstances; or
that have been sent out (opened) but not yet received (closed).
Financial Implications: Building Maintenance Fund – $140,000.
Contact: Fran David,
Finance, 981-7300
6.
Purchase Order: Copy Paper and Office Supplies
(PDF, 263 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute a purchase order with Corporate Express to furnish
100 percent recycled processed chlorine-free (PCF) copy paper and all other
office supplies for a period of one year from July 1, 2005 until June 30, 2006,
in an amount not to exceed $500,000.
Financial Implications: Alameda County Waste Management Grant Funds will
cover any cost differentials.
Contact: Fran David,
Finance, 981-7300
7.
Regulation of
Taxicabs and Automobiles for Hire
(PDF, 1 MB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.52, Taxicabs and
Automobiles for Hire.
Financial Implications: None.
Contact:
Fran David, Finance, 981-7300
8.
Contract: Transitional Housing
(PDF, 320 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract with the Avondale Hotel for
the provision of AB2034 grant-based rental subsidies for transitional housing
for individuals who are homeless and mentally disabled in a total amount not to
exceed $105,000 for the period May 1, 2005 through November 30, 2005.
Financial Implications: AB2034 Fund – $105,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
9.
Contract: Prescription Medication
(PDF, 264 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
United Pharmacy for prescription psychiatric medications in an amount not to
exceed $276,000 for the period July 1, 2005 through June 30, 2006.
Financial Implications: Health Fund – $276,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
10.
Grant and Contract: Tobacco Prevention Services
(PDF, 484 KB)
From: City Manager
Recommendation: Adopt two Resolutions:
1. Authorizing
the City Manager to: a) accept a grant in the amount of $400,000 from the
California Department of Health Services for the purpose of decreasing the
prevalence of tobacco use among Berkeley’s young adults, aged 18-29 years, the
low socioeconomic population, the African-American population, and the Asian
and Pacific Islander population at the University of California, Berkeley for
the period July 1, 2005 to June 30, 2008; b) execute any resultant revenue
agreements and amendments; and c) authorize the implementation of projects and
appropriation of funding for related expenses, subject to securing the grant;
and
2. Authorizing
the City Manager to execute a contract and any amendments with the University
of California, Berkeley, University Health Services to complete the scope of
work on a project to decrease the prevalence of tobacco use among Berkeley’s
young adults for the period July 1, 2005 to June 30, 2008 in an amount not to
exceed $123,000.
Financial Implications: Grant Revenue - $400,000; no
matching funds. Health Fund – $123,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
11.
SRIP II Long Term Disability Insurance Contract with Cigna
Group Insurance (PDF, 213 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Cigna Group Insurance to provide Long-Term Disability (LTD) insurance at the
premium rate of 0.405% for every $100 of active Supplementary Retirement and
Income Plan II (SRIP II) participants’ covered salaries for most non-sworn
employees effective July 1, 2005 through June 30, 2007.
Financial Implications: See report.
Contact:
David Hodgkins, Human Resources, 981-6805
12.
Contract: Employee Assistance Plan Services
(PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute an amendment to the contract with Claremont
Behavioral Services to provide continued services for the Employee Assistance
Program (EAP) through June 30, 2005 in the amount of $16,239 and extend the
contract for the period July 1, 2005 through June 30, 2007 in a total amount of
$345,960.
Financial Implications: Fringe Benefits – $16,239 through June 2005;
$345,960 July 2005 through June 2007.
Contact: David Hodgkins, Human Resources, 981-6800
13.
Classification: Infrastructure Maintenance
Manager
(PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,812-N.S. Classification and
Salary Resolution for Unrepresented employees, to add the classification and
salary range of Infrastructure Maintenance Manager.
Financial Implications: Sanitary Sewer Operation Fund – $136,959.
Contact: David Hodgkins,
Human Resources, 981-6800
14.
Purchase Order: Notebook, Desktop, and Server
Computers
(PDF, 242 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to sign a letter of participation with the Western States
Contracting Alliance for the purchase of Dell Inc. computers for the period
July 13, 2005 to June 30, 2007.
Financial Implications: Computer Replacement Fund – $550,000.
Contact: Chris Mead,
Information Technology, 981-6500
15.
Contract: Turtle Island Monument Artwork
at Civic Center Park Fountain
(PDF, 288 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Scott K. Parsons for design, development and installation
of the Turtle Island Monument at the Civic Center Park Fountain in an amount
not to exceed $34,000 and allow the artwork to be publicly displayed until the
fountain is restored.
Financial Implications: Measure S Funds – $34,000.
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
16.
Appointment of Joint Zoning Adjustments
Board/PlanningCommission Subcommittee for Density Bonus/Inclusionary Ordinance
Procedures (PDF, 337 KB)
From: City Manager
Recommendation: Adopt a Resolution appointing a joint
subcommittee pursuant to the City of Berkeley Commissioner’s Manual comprised
of members already appointed to separate subcommittees by the Planning
Commission and the Zoning Adjustments Board for the purpose of reviewing and
recommending procedures for the implementation of State Density Bonus Law and
any requisite changes or recommendations for the Inclusionary Housing
Ordinance.
Financial Implications: See
report.
Contact:
Dan Marks, Planning, 981-7400
17.
Purchase Order: DNA Testing
(PDF, 191 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to increase the purchase order with Forensic
Analytical Laboratory for DNA testing and analysis by $15,000 for a total
amount not to exceed $60,000 for FY 2005.
Financial Implications: General Fund – $15,000.
Contact: Douglas N.
Hambleton, Police, 981-5900
18.
Contract: Consultant Services for Work Management Needs
Analysis-Public Works (PDF,
367 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Weston Solutions, Inc. for consultant services to complete a formal needs
analysis for the Department of Public Works regarding work order, maintenance
and asset management in an amount not to exceed $40,000.
Financial Implications: Sanitary Sewer Fund – $40,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
19.
Contract: Strawberry Creek Culvert Repair
(PDF, 358 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to execute an amendment to the contract with Condon Johnson
and Associates, Inc. for emergency repair work performed on the failed section
of Strawberry Creek Culvert on Allston Way, increasing the existing contract
amount by $40,264 for a total amount not to exceed $290,264.
Financial Implications: Capital Improvement Fund – $40,264.
Contact: Rene Cardinaux,
Public Works, 981-6300
20.
Purchase
Order: Long Haul Tractors and Refuse Trailers
(PDF, 347 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a purchase order with Western Truck
Center of Sacramento, California in an amount not to exceed $656,600 to purchase
four long-haul tractors and five refuse trailers for the Solid Waste Management
Division of the Public Works Department in FY 2006.
Financial Implications: Equipment Replacement Fund – $656,600.
Contact: Rene Cardinaux,
Public Works, 981-6300
21.
Purchase Order: Aerial Bucket Truck
(PDF, 277 KB)
From: City Manager
Recommendation: Adopt a Resolution
accepting the City and County of San Francisco’s bid procedures to satisfy the
requirement of Berkeley Charter Section 67, and authorizing the City Manager to
execute a purchase order with Terex Utilities West in an amount not to exceed
$87,600 to purchase an Aerial Bucket Truck for the Parks, Recreation and
Waterfront Department.
Financial Implications: Equipment Replacement Fund – $87,600.
Contact:
Rene Cardinaux, Public Works, 981-6300
22.
Reuse of Plastic Packaging Materials
(PDF, 362 KB) (CF 08-05)
From:
City Manager
Recommendation: Request that the Alameda
County Waste Management Authority encourage the use of packaging alternatives
regionally and evaluate them as an environmental purchasing practice.
Financial Implications: See report.
Contact: Rene Cardinaux, Public Works, 981-6300
23.
Contract: Downtown Berkeley BART Plaza and Transit Area
Planning and Design (PDF, 388 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Community Design + Architecture, Inc. to lead a public planning and design
process for the Downtown Berkeley Plaza and Transit Area in an amount not to
exceed $90,000 for the period August 1, 2005 to October 31, 2006.
Financial Implications: Metropolitan Transportation Commission Fund –
$75,000; Local Match – $15,000.
Contact: Peter Hillier,
Transportation, 981-7010
24.
Grant: Transportation Demand Management Outreach and Marketing
Program (PDF, 259 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) submit a grant application to the Bay Area
Air Quality Management District’s Transportation Fund for Clean Air Regional
Fund grant program for funds in the amount of $44,216 in FY 2006-2007 and FY
2007-2008 for the City’s Transportation Demand Management Outreach and
Marketing Program; and 2) accept the grant, and execute any resultant
agreements and amendments.
Financial Implications: Grant Revenue – $44,216.
Contact: Peter Hillier,
Transportation, 981-7010
25.
Grant: West Berkeley
Shuttle
(PDF, 366 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to: 1) submit a grant application to the Bay Area Quality
Management District’s Transportation Fund for Clean Air Regional Fund grant
program for funds in the amount of $20,600 in FY 2006 for the West Berkeley
Shuttle; and 2) accept the grant and execute any resultant agreements or
amendments.
Financial Implications: Grant Revenue – $20,600.
Contact: Peter Hillier,
Transportation, 981-7010
26.
Support Tobacco-Free Pharmacies
(PDF, 14 KB)
From: Mayor Bates
Recommendation: Adopt a resolution: 1) recommending that all
pharmacies and drugstores in Berkeley end their sales and advertisement of
tobacco products; 2) commending all pharmacies and drugstores in Berkeley which
do not sell and advertise tobacco products;
3) advocating for a statewide law that prohibits the sale and advertisement of
tobacco products in all pharmacies and drugstores in California; and 4)
directing the City Clerk to send copies of the council item and resolution to
all pharmacies and drugstores in Berkeley and to their corporate headquarters.
Financial Implications: None.
Contact:
Tom Bates, Mayor, 981-7100
27.
Right to Audit Clause in City Contracts
(PDF, 329 KB)
From: City Auditor
Recommendation: Adopt a Resolution: 1)
expanding current Council directives regarding audit of contracts to include
language in City contracts specifying the City Auditor’s right to audit; 2)
instituting a requirement that the City Auditor be notified if a decision is
made that any specific contracts or types of contracts should not include a
right to audit clause; and
3) directing the City Manager to amend the City’s contract instructions,
administrative regulations, purchasing manual and other guidelines to reflect
this requirement.
Financial Implications: None.
Contact: Ann-Marie Hogan,
Auditor, 981-6750
28.
Evaluate City’s Customer Service Levels
(PDF, 38 KB)
From: Councilmember Moore
Recommendation: Conduct a comprehensive
assessment of customer service levels, response time and courtesy throughout
City departments that would be presented in a report to Council on December 13,
2005.
Financial Implications: Staff time.
Contact: Darryl Moore,
Councilmember District 2, 981-7120
29.
Sponsor Vista Community College Lecture Series on Global Peace
and Social Justice (PDF, 129 KB)
From: Councilmember Moore
Recommendation: Adopt a Resolution making
the City an official sponsor of the Vista Community College “Difficult Dialogs”
Lecture Series on Global Peace and Social Justice beginning in Fall 2006 or Spring
2007.
Financial Implications: None.
Contact: Darryl Moore,
Councilmember District 2, 981-7120
30.
Re-evaluate Visitor Permit Policy in
the Residential
Preferential Parking Program (PDF,
79 KB)
From: Councilmember Olds
Recommendation: That the City Manager
investigate the current policies regarding Residential Preferential Parking
Visitor Permits with the goal of creating a more user-friendly systems.
Financial Implications: Unknown.
Contact: Betty Olds,
Councilmember District 6, 981-7160
31.
Amend Moratorium on Removal of Coast
Live Oaks
(PDF, 301 KB)
From: Councilmembers Olds, Spring and Wozniak
Recommendation: Amend the current
Ordinance that prohibits removal of Coast Live Oak trees to include a clause
that states that excessive pruning beyond what is included in the accepted
standards for pruning a tree be subject to fines related to the value of the
tree, to be determined by the city forester.
Financial Implications: Unknown.
Contact: Betty Olds,
Councilmember District 6, 981-7160; Dona Spring, Councilmember District 4,
981-7140; Gordon Wozniak, Councilmember District 8, 981-7180
32.
Fire Company Closures
(PDF, 81 KB)
From: Councilmembers Olds, Capitelli and Wozniak and Mayor
Bates
Recommendation: Direct the City Manager to
limit the closure of fire companies to no more than one company at any given
time and require that Fire Station 7 remain open during the fire season months
of mid-July through October.
Financial Implications: Not to exceed $300,000; see report.
Contact: Betty Olds,
Councilmember District 6, 981-7160; Laurie Capitelli, Councilmember District 5,
981-7150; Gordon Wozniak, Councilmember District 8, 981-7180; Tom Bates, Mayor,
981-7100
33.
Follow-up on Referral to December Mid-year Budget Process
(PDF, 107 KB)
From: Councilmembers Spring and Worthington
Recommendation: Request that the recommended funding allocations, attached, be referred
to the appropriate Commissions for overview pending the final decision on
allocations at midyear in December 2005.
Financial Implications: None.
Contact: Dona Spring,
Councilmember District 4, 981-7140 and Kriss Worthington, Councilmember
District 7, 981-7170
34.
Honoring Marla Bennett
(PDF, 82 KB)
From: Councilmember Worthington
Recommendation: Adopt
a Resolution expressing sympathy to the family, friends and co-workers of Marla
Bennett and adjourning the City Council meeting of July 19, 2005 in her honor.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
35.
Support Equitable Class Pass Program
(PDF, 28 KB)
From: Councilmember Worthington
Recommendation: Express concern over the proposed
Class Pass referendum, support an equitable solution that addresses the needs
of students and the University, and send a letter to the UC Berkeley Chancellor urging the
administration to delay approval of final referendum language until the
concerns of students are incorporated into the proposal.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
36.
Support HR 1652 – Access to Legal Pharmaceuticals
(PDF, 388 KB)
From: Councilmember Worthington
Recommendation: Support the Access to
Legal Pharmaceuticals Act (H.R. 1652) to ensure pharmacies fill all
prescriptions.
Financial Implications: None.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
37.
Support MoveOn PAC’S “Protect Our Rights” Campaign
(PDF, 68 KB)
From: Councilmember Worthington
Recommendation: Support MoveOn PAC’s
“Protect Our Rights” campaign to demand a Supreme Court nominee who will
protect the rights and freedoms of the American people, and that a letter be
sent to Senators Feinstein and Boxer urging them to stand up to President Bush
and demand a Supreme Court nominee who will protect the rights and freedoms of
the American people.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
38.
Support Proposition 79 and Oppose Proposition 78
(PDF, 28 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 79,
prescription drug program ballot measure, and oppose Proposition 78 in the
November Special Election.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
39.
Support U.N. International Day of Peace
(PDF, 22 KB)
From: Councilmember Worthington
Recommendation: Supports and urges the
City of Berkeley to join hundreds of other communities around the world to
commemorate, in an appropriate manner, the United Nations’ International Day of
Peace, including through education and public awareness.
Financial
Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
40.
Quarterly Crime Reports
(PDF, 27 KB)
From: Councilmember Wozniak
Recommendation: Request that the City Manager prepare quarterly crime reports for the
City Council that would summarize both the violent and property crimes
committed in Berkeley during the previous quarter as well as historical crime
trends. In addition, a brief analysis of different crime indices as well as a
comparison with other neighboring cities would be provided using the latest
corrected data.
Financial Implications: Staff time.
Contact: Gordon Wozniak,
Councilmember District 8, 981-7180
41.
Waiver Pursuant to the Nuclear-Free Berkeley Act
a.
From: Peace and Justice Commission
(PDF, 352 KB)
Recommendation: Adopt a Resolution
approving a waiver pursuant to Berkeley Municipal Code (BMC) Section 12.90.070,
the Nuclear-Free Berkeley Act, for the purpose of executing a contract and an
