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Regular
Meeting eAgenda |
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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.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized. Note:
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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 13, 2005
7:00 p.M.
Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
This meeting will be
conducted in accordance with the Brown Act, Government Code Section 54953,
Teleconferencing. Any member of the
public may attend this meeting at either the Council Chambers or at the
teleconference location. Questions
regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.
Preliminary Matters
Roll Call
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
1. Oath of Office
2. Pledge of Allegiance to the Flag
3. Introduction of Claudette R. Ford, Acting Public Works Director
4. City of Berkeley Efforts in the Aftermath of Hurricane Katrina
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: A total of 30 minutes is scheduled. Each speaker is limited to a maximum of 3 minutes.
Youth Comments: A total of 15 minutes is scheduled. Each speaker is limited to a maximum of 3 minutes.
Council Action: The City Council may take action related to any subject listed on the Agenda.
Consent Calendar – Recess Items
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. Landfill Surcharge Fee Payments On Solid Waste (PDF, 24 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution ratifying action taken by the City Manager during recess approving payment of $88,198 in landfill surcharge fees for solid waste shipped out of the County from October 2004 through June 2005.
Financial Implications: Refuse Fund - $88,198
Contact: Claudette Ford, Public Works, 981-6300
Consent Calendar
2. Minutes for Approval (PDF, 4 MB)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 11, 2005 (closed), July 12, 2005 (regular), July 19, 2005 (regular), and July 25, 2005 (special).
Financial Implications: None
Contact: Sara T. Cox, City Clerk, 981-6900
3. Needle Exchange (PDF, 22 KB)
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.
Contact: Sara T. Cox, City Clerk, 981-6900
4. Margery Becker v. City of Berkeley (PDF, 22 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04 178015 entitled Margery Becker v. City of Berkeley in the amount of $35,000.
Financial Implications: Public Liability Fund - $35,000
Contact: Manuela Albuquerque, City Attorney, 981-6950
5. Donation to Animal Shelter (PDF, 23 KB)
From: City Manager
Recommendation: Adopt a Resolution approving a $5,000 donation to the Animal Shelter from Reverend Walter Kilburn and Melba Kilburn in memory of their son Philip Kilburn.
Financial Implications: Animal Shelter Fund - $5,000 Revenue
Contact: Jim Hynes, City Manager, 981-7000
6. Formal Bid Solicitations and Requests for Proposals (PDF, 115 KB)
From: City Manager
Recommendation: Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.
Financial Implications: Various Funds - $1,906,626
Contact: Fran David, Finance, 981-7300
7. Agreement: Low-Income Energy Revenues (PDF, 269 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Petroleum Violation Escrow Account Weatherization Program (PVEA/WX) to receive revenues and provide weatherization to eligible Berkeley, Albany, and Emeryville residents in the amount of $16,256 for the period August 1, 2005 to December 31, 2006; 2) approving program priority plans; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Financial Implications: LIHEAP - Grant Revenue - $16,256
Contact: Stephen Barton, Housing, 981-5400
8. Application For CalHome Funds (PDF, 25 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or the Housing Director as his designee to submit an application to the State of California Department of Housing and Community Development (HCD) for up to $500,000 in funding under the CalHome Owner-Occupied Rehabilitation Program.
Financial Implications: Grant Revenue - $500,000
Contact: Stephen Barton, Housing, 981-5400
9. Contract: Financial Consulting Services (PDF, 26 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Seifel Consulting, Inc. for financial consulting services and increase the contract by $25,000 for a total amount not to exceed $65,000.
Financial Implications: CDBG Fund and HUD Fund - $25,000
Contact: Stephen Barton, Housing, 981-5400
10. Participation in the Chicago Climate Exchange (PDF, 40 KB) (CF 05-17)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Chicago Climate Exchange (CCX) for participation in greenhouse gas emission credits trading in an amount not to exceed $5,000 for the period September 14, 2005 to December 31, 2006.
Financial Implications: General Fund - $5,000
Contact: Stephen Barton, Housing, 981-5400
11. Winter Voucher and Winter Shelter Programs (PDF, 25 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments increasing funding by $11,000 to pay for community agency administrative costs of coordinating referrals for the Winter Voucher and Winter Shelter Programs and increasing Winter Voucher and Shelter Funding to a total of $133,000, with 1) $5,914 additional to the Berkeley Food and Housing Project, raising the total City contract with BFHP for all services for the period July 1, 2005 through June 30, 2006 to $547,784, and 2) $5,086 additional to the Women’s Daytime Drop-In Center raising the total City contract with WDDC for all services for the period July 1, 2005 through June 30, 2006 to $130,615.
Financial Implications: Various Funds - $11,000
Contact: Stephen Barton, Housing, 981-5400
12. Contract: SRIP I Disability Insurance Services (PDF, 27 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 third-party administrative services for Supplementary Retirement and Income Plan I (SRIP I) disability benefits from August 1, 2005 to June 30, 2007 in an amount not to exceed $110,000 in the first year and not to exceed $70,000 in the second year of the two-year contract.
Financial Implications: Payroll Deduction Trust Fund - $180,000
Contact: David Hodgkins, Human Resources, 981-6800
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids and direct staff to re-scope and re-bid the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project.
Financial Implications: None.
Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700
14. Contract: Design Services for Martin Luther King Jr. Civic Center Park Rehabilitation (PDF, 25 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Amphion, Inc. to increase the scope of services and amount by $47,980 for an amount not to exceed $215,874.
Financial Implications: Measure S Funds - $47,980
Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700
15. Contract: Four Parks Playground Renovations (PDF, 68 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications from M.I.G., Inc. for playground renovations at Cedar Rose Park, King School Park, Live Oak Park and Shorebird Park; 2) accepting the bid from P & A Construction Company; 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with P & A Construction Company in an amount not to exceed $919,500, for the period of 180 calendar days from the notice to proceed; and 4) authorizing an additional $102,093 for contingency for an amount not to exceed $1,021,593.
Financial Implications: Capital Improvement Funds - $1,021,593
Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700
16. 2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG) (PDF, 24 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $60,906 in Federal funds from the 2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.
Financial Implications: Grant revenue - $60,906
Contact: Douglas N. Hambleton, Police, 981-5700
17. Grant: Department of Alcoholic Beverage Control (PDF, 31 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with the State of California to accept $80,000 in Department of Alcoholic Beverage Control (ABC) grant funding and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.
Financial Implications: Grant Revenue - $80,000
Contact: Douglas N. Hambleton, Police, 981-5700
18. Contract: FY 2005 Traffic Circles - Phase 2 (PDF, 345 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY 2005 Traffic Circles - Phase 2; 2) rejecting all bids submitted on May 26, 2005 and re-advertising; 3) accepting the bid of Mosto Construction; and 4) authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $177,600 for the period of 75 calendar days from the Notice to Proceed.
Financial Implications: Capital Improvement Fund - $177,600
Contact: Claudette Ford, Public Works, 981-6300
19. Contract: Public Safety Building Janitorial Services (PDF, 4 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services to provide janitorial services at the Public Safety Building in an amount not to exceed $108,720, for the period September 1, 2005 to June 30, 2006; and approving options to extend the contract for two additional one-year periods in an amount not to exceed $129,464 for FY 2007, and $129,464 for FY 2008.
Financial Implications: Building Maintenance Fund - $108,720
Contact: Claudette Ford, Public Works, 981-6300
20. Contract: Security Guard Services at 1947 Center Street and 2180 Milvia Street (PDF, 33 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Securitas Security Services USA, Inc. for security guard services at 1947 Center Street and 2180 Milvia Street for the period November 1, 2005 through June 30, 2006 in an amount not to exceed $77,033; and approving options to extend the contract for two one-year periods in an amount not to exceed $230,239.
Financial Implications: Various Funds - $307,272
Contact: Claudette Ford, Public Works, 981-6300
21. Contract: Traffic Signal Installation at Hearst Avenue, Arch Street, LeConte Avenue (PDF, 64 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for a traffic signal installation at Hearst Avenue, Arch Street, LeConte Avenue; 2) accepting the bid of Phoenix Electric Company; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project according to approved plans and specifications, in an amount not to exceed $204,252 for the period of 97 calendar days from the date of receipt of the Notice to Proceed.
Financial Implications: Capital Improvement Fund - $204,252; partial refund (up to $102,126) from UC Berkeley
Contact: Claudette Ford, Public Works, 981-6300
22. Final Map of Tract 7567: 1321-31 Eighth Street (PDF, 24 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7567, a fifteen unit commercial condominium located at 1321-31 Eighth Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
23. Final Map of Tract 7591: 2209-11 Sixth Street (PDF, 24 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7591, a six-unit residential live/work condominium consisting of four residential units and two live/work units located at 2209-11 Sixth Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
24. Proclamation Honoring Art Rosenfeld (PDF, 186 KB)
From: Mayor Bates
Recommendation: Approve a proclamation honoring Art Rosenfeld, a 50-year Berkeley resident and a pioneer in the field of energy efficiency.
Financial Implications: None.
Contact: Tom Bates, Mayor, 981-7100
25. Support UC Sustainable Transportation Initiative (PDF, 57 KB)
From: Mayor Bates and Councilmember Worthington
Recommendation: Adopt a Resolution in support of the proposed sustainable transportation guidelines for the University of California system.
Financial Implications: None.
Contact: Tom Bates, Mayor, 981-7100 and Kriss Worthington, Councilmember District 7, 981-7170
26. Support for Development of North Shattuck Plaza (PDF, 7 MB)
From: Councilmembers Capitelli and Spring
Recommendation: Direct the City Manager to work with community volunteers and the North Shattuck Association, in realizing a “North Shattuck Plaza” at Shattuck Avenue and Shattuck Place, as outlined in concept and approved by Council in January 2001.
Financial Implications: Staff time.
Contact: Laurie Capitelli, Councilmember District 5, 981-7150 and Dona Spring, Councilmember District 4, 981-7140
27. Sponsorship for BAHIA’s 30th Anniversary Celebration (PDF, 8 KB)
From: Councilmember Maio
Recommendation: Refer to the City Manager a request to determine a funding source to enable the City to become an Amigo Sponsor of BAHIA’s 30th Anniversary Celebration on Friday, September 20, 2005.
Financial Implications: $1,000.
Contact: Linda Maio, Councilmember District 1, 981-7110
28. National Disaster in Gulf Coast (PDF, 7 KB)
From: Councilmember Spring
Recommendation: Request the City Manager to have the City’s flag flown at half mast in mourning of the Gulf Coast hurricane Katrina victims for a period of at least ten days.
Financial Implications: None.
Contact: Dona Spring, Councilmember District 4, 981-7140
29. Opposition to SB 1056: GMO Foods (PDF, 180 KB)
From: Councilmembers Spring and Worthington
Recommendation: Adopt a Resolution opposing SB 1056 and request the City Manager to send letters of opposition to our elected State officials.
Financial Implications: None.
Contact: Dona Spring, Councilmember District 4, 981-7140 and Kriss Worthington, Councilmember District 7, 981-7170
30. Proclamation: Indigenous Peoples Day 2005 (PDF, 321 KB)
From: Councilmembers Spring, Anderson and Moore
Recommendation: Approve a proclamation in honor of Indigenous Peoples Day on Saturday, October 8, 2005 and present the proclamation to the Indigenous Peoples Day committee at the September 27, 2005 Council meeting.
Financial Implications: None.
Contact: Dona Spring, Councilmember District 4, 981-7140; Max Anderson, Councilmember District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120
31. Oppose Proposition 76 in the Special Election (PDF, 25 KB)
From: Councilmember Worthington and Mayor Bates
Recommendation: Oppose Proposition 76 in the special election, which may cut funding for schools, health care, police, and firefighters and undermines our democratic system of checks and balances by giving the governor tremendous new powers without sufficient oversight.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Tom Bates, Mayor, 981-7100
32. Support for Withdrawal of California National Guard Troops from Iraq (PDF, 25 KB)
From: Councilmembers Worthington, Anderson and Mayor Bates
Recommendation: Adopt a Resolution calling upon the Governor of California to insure that the President and Congress take immediate steps to withdraw California National Guard troops from Iraq.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130; and Tom Bates, Mayor, 981-7100
From: Councilmember Worthington
Recommendation: That the City will: 1) Continue conversations with Alameda County for Alameda County to support Berkeley’s IRV election in November 2006 using a vendor capable of running such an election; 2) send a letter to Alameda County thanking the acting Registrar of Voters for participating in an active dialogue on how to implement IRV, and encouraging the Board of Supervisors to attempt to facilitate IRV with the current vendor or with any new vendor that may be selected; 3) that Council will take action, including public review prior to adopting an IRV implementation Ordinance that seeks to standardize uniform rules and regulations among the Alameda County cities; 4) if necessary, the City will prepare a ballot measure for June 2006 to address any Berkeley specific issues that emerge from the legal and regulatory process.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
34. Revisions of the Elmwood Business District Quotas (PDF, 30 KB)
From: Councilmember Wozniak
Recommendation: Request that the City Manager refer recommended revisions of the Elmwood Business Quota Committee to the Planning Department and the Planning Commission so that they can be incorporated into the zoning ordinance, including: 1) to simplify the current seven category quota system by replacing it with a two quota system (Barber/Beauty and Food Service establishments); and 2) to maintain business diversity by prohibiting businesses from expanding into adjacent business spaces.
Financial Implications: Administrative costs
Contact:
Gordon Wozniak, Councilmember District 8, 981-7180
Action Calendar – Appeals
35. 2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069
a. Council Consideration of Appeal of ZAB Approval of 2615 Marin Avenue – Project Information Clarification (PDF, 28 KB) (September 13, 2005)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
b. From: City Manager (PDF, 1 MB) (July 19, 2005)
Attachments:
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of Use Permit #03-10000069, to construct a single-family dwelling, and dismissing the appeal.
Financial Implications: None.
Contact: Dan Marks, Planning and Development, 981-7400
c. Appeal (July 19, 2005)
2. Kimberly Kline and Stephen Branam (PDF, 597 KB)
3. Daphne and Georg Kalmar (PDF, 740 KB)
4. Arvalea Nelson (PDF, 175 KB)
d. Communications (July 19, 2005)