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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, December 13, 2005
7:00 P.M.
Council Chambers, 2134 Martin Luther King Jr. Way
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 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.
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.
Council Action: The City Council may take action related to any subject listed on the Agenda.
Consent Calendar
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. Lease: 1013 Pardee Street, No. 105 BI (PDF, 52 KB) (First Reading December 6, 2005 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing a new one-year lease from September 1, 2005 to August 31, 2006 for an existing warehouse at 1013 Pardee Street, No. 105 (alternate address of 2700 10th Street) that has been rented by the City on a month-to-month basis since the original multi-year lease expired with Asia Young Fountain Group Inc. for the storage of fire and police equipment, emergency supplies and equipment.
Financial Implications: Bond Measure Q - $128,849
Contact: Debra Pryor, Fire and Emergency Services, 981-3473
2. Francesca Barsamian v. City of Berkeley (PDF, 130 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04165815 entitled Francesca Barsamian v. City of Berkeley in the amount of $50,000.
Financial Implications: Public Liability Fund - $50,000
Contact: Manuela Albuquerque, City Attorney, 981-6950
From: City Manager
Recommendation: Adopt a Resolution amending the City of Berkeley Commissioners’ Manual (Resolution No. 62,418-N.S.) to revise Chapter II(B)(3), Incompatible Public Offices Prohibited, to clarify language regarding the ability to serve on two or more city boards or commissions.
Financial Implications: None
Contact: Sara T. Cox, City Clerk, 981-6900
4. Formal Bid Solicitations and Request for Proposals (PDF, 216 KB)
From: City Manager
Recommendation: Approve the attached request for proposals that will be, or are planned to be, issued upon final approval by the requesting department or division.
Financial Implications: Various Funds - $750,000
Contact: Fran David, Finance, 981-7300
5. Sidewalk Vending of Arts and Crafts and Flowers (PDF, 180 KB)
From: City Manager
Recommendation: Adopt: 1) first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.48 regulating Sidewalk Vending of Arts and Crafts, and Flowers, which defines specific flower vendor requirements, along with those for arts and crafts vendors, and establishes sidewalk vending fees by Council Resolution; and 2) a Resolution, concurrent with the effective date of the Ordinance, establishing permit and identification card fees for sidewalk vending at the current rates, which were set by Ordinance No. 6,112–N.S. on January 1, 1993.
Financial Implications: None
Contact: Fran David, Finance, 981-7300
6. Contract: HIV Prevention Syringe Exchange Services (PDF, 160 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Needle Exchange Emergency Distribution for HIV prevention syringe exchange services for the period July 1, 2005 to June 30, 2006 in an amount not to exceed $52,000.
Financial Implications: General Fund - $52,000
Contact: Fred Medrano, Health and Human Services. 981-5100
7. Contract: Berkeley Ecumenical Chaplaincy to the Homeless (PDF, 150 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6681, a contract between the City of Berkeley and the Berkeley Ecumenical Ministries to shift $35,196 from the Home Plate Program to the Hope Prep Transitional Housing Program.
Financial Implications: See report.
Contact: Stephen Barton, Housing, 981-5400
8. Classification: Crime Analyst (PDF, 271 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to add the classification and salary range of Crime Analyst to be effective January 1, 2006.
Financial Implications: General Fund - $58,284 for FY 2006; $121,235 for FY 2007
Contact: David W. Hodgkins, Human Resources, 981-6800
9. Classification: Occupational Health and Safety Specialist (PDF, 258 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,812–N.S., Classification and Salary Resolution for Unit Z2 – Unrepresented Confidential and Professional Employees, to establish an Occupational Health and Safety Specialist.
Financial Implications: Various funds
Contact: David W. Hodgkins, Human Resources, 981-6800
10. Health Plan Rate Increases (PDF, 166 KB)
From: City Manager
Recommendation: Adopt two Resolutions: 1) approving a 14.63 percent rate increase for the Kaiser Foundation Health Maintenance Organization health plan; and 2) approving a 12.9 percent rate increase for both the Health Net Health Maintenance Organization health plan and Point of Service health plan for City employees effective January 1, 2006, through December 31, 2006, and rescinding Resolution No. 62,751–N.S. and Resolution No. 62,752–N.S.
Financial Implications: Payroll Deduction Trust Fund - $10,531,000
Contact: David W. Hodgkins, Human Resources, 981-6805
11. Contract: Telephone System Completion (PDF, 150 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nexus Inc. for the completion of the City’s telephone system in an amount not to exceed $455,000 for the period January 1, 2006 through to June 30, 2007.
Financial Implications: General Fund and Capital Improvement Fund - $455,000
Contact: Chris Mead, Information Technology, 981-6500
12. Grant: Ashby BART West Parking Lot (PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution supporting a Caltrans grant application by the South Berkeley Neighborhood Development Corporation and requesting the City to fund preparation of a plan for transit-oriented development on the west parking lot of the Ashby BART Station.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400
13. Contract: Architectural and Engineering Services (PDF, 142 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute an amendment to the contract with Baker Vilar Architects to provide architectural and engineering services for James Kenney Recreation Center; and 2) increasing the contract amount by $15,000 for a total not to exceed $75,000 for the period August 1, 2002 to December 31, 2006.
Financial Implications: Building Purchases & Management Fund - $75,000
Contact: Claudette R. Ford, Public Works, 981-6300
14. Contract: Continuation of the EcoPass Program (PDF, 147 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Alameda-Contra Costa Transit District for the continuation of an annual transit pass (EcoPass) program for City of Berkeley employees in an amount not to exceed $100,000 for the period beginning January 1, 2006 and ending December 31, 2006.
Financial Implications: Payroll Deduction Trust Fund - $100,000
Contact: Claudette R. Ford, Public Works, 981-6300
15. Contract: On-Call Traffic Data Services - Speed Surveys and Volume Counts (PDF, 203 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Multitrans Transportation Consultants, Inc., for speed surveys and volume counts in an amount not to exceed $50,000 for the period January 1, 2006 through December 31, 2007 with an option for a one-year extension.
Financial Implications: Capital Improvement Fund and Building Purchases Fund - $50,000
Contact: Claudette R. Ford, Public Works, 981-6300
16. Contract: Sanitary Sewer Project (PDF, 552 KB)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Wildcat Canyon Road; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,071,125 from the Sewer Capital Improvement Project Fund (Fund 830) for the period of 220 calendar days.
Financial Implications: Sewer Capital Improvement Fund - $1,071,125
Contact: Claudette R. Ford, Public Works, 981-6300
17. Final Tract Map 7527: 1809 Shattuck Avenue (PDF, 553 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7527, a thirty-two unit residential and commercial condominium recently constructed at 1809 Shattuck Avenue.
Financial Implications: None
Contact: Claudette R. Ford, Public Works, 981-6300
18. Final Tract Map 7537: 1797 Shattuck Avenue (PDF, 78 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7537, a 67-unit residential and commercial condominium to be located at 1797 Shattuck Avenue.
Financial Implications: None
Contact: Claudette R. Ford, Public Works, 981-6300
19. License Agreements: Veterans Memorial Building (PDF, 1 MB)
From: City Manager
Recommendation: Adopt seven Resolutions authorizing the City Manager to execute license agreements and any amendments thereof with the current occupants of the Veterans Memorial Building at 1931 Center Street: 1) Berkeley Food and Shelter Project; 2) Berkeley Historical Society; 3) Berkeley Place; 4) Building Opportunities for Self-Sufficiency; 5) Disabled American Veterans, Chapter 25; 6) Dorothy Day House; and, 7) Options Recovery Services.
Financial Implications: $601 license revenue; $111,000 operating costs referred to first quarter budget update
Contact: Claudette R. Ford, Public Works, 981-6300 and Stephen Barton, Housing, 981-5400
20. Purchase Order: Telephone Directory Advertising (PDF, 150 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with SBC Smart Yellow Pages in an amount not to exceed $31,476 for FY 2006, to advertise the City’s refuse collection and recycling services.
Financial Implications: Grant Funds - $9,728; Refuse Fund - $21,748
Contact: Claudette R. Ford, Public Works, 981-6300
21. Grant: Ed Roberts Campus Transportation for Livable Communities (PDF, 24 KB)
From: Mayor Bates and Councilmembers Anderson and Worthington
Recommendation: Adopt a Resolution: 1) authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency Transportation for Livable Communities Capital Program, FY 2006-2009 for funds in an amount up to $3,000,000 in FY 2006-2007 for transportation enhancements related to the Ed Roberts Campus at the Ashby BART Station; and accept the grant and execute any resultant agreements and amendments, and 2) rescinding Resolution No. 63,107-N.S.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100; Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170
22. Budget Referral: Berkeley Guides (PDF, 99 KB)
From: Councilmembers Moore and Wozniak
Recommendation: Refer the one-time request for $10,000 to be used to leverage long-term funding for Berkeley Guides to the midyear budget process.
Financial Implications: $10,000
Contact: Darryl Moore, Councilmember District 2, 981-7120 and Gordon Wozniak, Councilmember District 8, 981-7180
23. Sale of Alcopops (PDF, 166 KB)
From: Councilmember Spring
Recommendation: Adopt a Resolution: 1) favoring the restriction of the alcoholic beverage being marketed to teenagers called "alcopops" to the distilled spirits category; 2) oppose state legislation to reduce taxation on this type of alcoholic beverage by reclassification; 3) requesting that taxes from these products be used to fund alcohol prevention, treatment and enforcement programs for underage drinking; and 4) that the City Manager send a letter and the Resolution to our state elected officials, the Department of Alcoholic Beverages and to the State Board of Equalization.
Financial Implications: None
Contact: Dona Spring, Councilmember District 4, 981-7140
24. Support Berkeley Newspapers (PDF, 45 KB)
From: Councilmember Spring
Recommendation: Request the City Manager to implement a policy of advertising city events in locally produced newspapers as widely as possible.
Financial Implications: See report
Contact: Dona Spring, Councilmember District 4, 981-7140
25. Immigration Relief for Hurricane Katrina Victims Act of 2005 (PDF, 201 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution urging U.S. Senators to amend the Immigration Relief for Hurricane Katrina Victims Act of 2005 in favor of easing eligibility rules in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for non-citizens seeking federal assistance, and ease immigration policy restrictions within the areas concerning employment and deportation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember District 7, 981-7170
26. Pledge for Racial Equality (PDF, 174 KB)
From: Councilmember Worthington
Recommendation: Join Californians across the state in pledging to: 1) demand our state legislators and decision makers support policies that we believe promote racial equity, and to hold government accountable for solutions that overcome longstanding racial disparities; 2) uphold equity, enfranchisement and economic justice by supporting the full participation and access to benefits and institutions for all California residents; 3) promote a vision for our collective future based on opportunity and advancement and to join with people to honor and protect the diverse cultures and languages of our communities; and 4) take action to strengthen protections against racial violence, racial profiling, and discrimination.
Financial Implications: None
Contact: Kriss Worthington, Councilmember District 7, 981-7170
27. Support Violence Against Women Act of 2005 (PDF, 64 KB)
From: Councilmember Worthington
Recommendation: Support the National Organization of Women (NOW) in urging the U.S. Congress to immediately convene a conference committee to reauthorize the National Violence Against Women Act (VAWA) of 2005 in December and join NOW in urging Congress to craft the strongest possible VAWA from both House and Senate bills that will enable continuation of programs and services and addresses violence in our country’s diverse cultural, religious, ethnic, age and ability communities.
Financial Implications: None
Contact: Kriss Worthington, Councilmember District 7, 981-7170
28. Standards for Care of Dogs Kept Outdoors (PDF, 167 KB)
a. From: Citizens Humane Commission
Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 10.04.140, specifying requirements for minimum standards of care for owners/guardians who keep their dogs outdoors. This includes shelter, water, feeding and confinement.
Financial Implications: None
Contact: Kate O’Conner, Secretary, 981-6601
b. From: City Manager
Recommendation: The City Manager concurs with the content and recommendations of the report.
Contact: Jim Hynes, City Manager, 981-7000
29. Independent Commission on 2004 Coup d'Etat in the Republic of Haiti (PDF, 504 KB)
a. From: Peace and Justice Commission
Recommendation: Adopt a Resolution requesting that Senators Barbara Boxer and Dianne Feinstein introduce legislation similar to H.R. 946, to establish an Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, in the Senate; and supporting the amendment included in the FY 2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales.
Financial Implications: None
Contact: Manuel Hector, Secretary, 981-5110
b. From: City Manager
Recommendation: The City Manager takes no position concerning the recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action Calendar – Public Hearing
30. Fees: Vital Records (PDF, 250 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving a $2.00 increase in the fee for the issuance of each birth, death, and fetal death certificate, effective January 1, 2006; and establish Fund 231 as the Domestic Violence Prevention – Vital Statistics Fund for purposes of accounting for the revenues and expenditures from these additional fees.
Financial Implications: Revenue - $38,886
Contact: Fred Medrano, Health and Human Services, 981-5100
Action Calendar – New Business
31. FY 2006 & FY 2007 Biennial Budget Update – First Quarter
a. From:
City Manager (PDF, 213 KB)
Revised
Attachment 4 (PDF,
63 KB)
Recommendation: Adopt a Resolution allocating anticipated, one-time General Fund revenue in the amount of $878,564 to provide continued funding for specific programs and to fund non-discretionary costs that have arisen since July 1, 2005, as identified in Attachment A, and approve additional staffing for Permit Center activity.
Financial Implications: See report
Contact: Tracy Vesely, City Manager, 981-7000
b. Survey to Identify Sources for Increasing Fees for Lead Abatement Services (PDF, 315 KB) (Held over from December 6, 2005)
From: Councilmember Olds
Recommendation: Discuss the request from the Alameda County Lead Abatement Program to contribute $10,000 to the cost of a survey to be conducted by Tramutola and Godbe research to identify voter sentiment on raising fees for lead abatement programs in Alameda County.
Financial Implications: $10,000
Contact: Betty Olds, Councilmember District 6, 981-7160
32. Delayed Implementation of Audit Recommendations (PDF, 88 KB)
From: City Auditor
Recommendation: Request the City Manager take the following steps to address the causes and effects of delays in implementing audit recommendations the City has previously agreed to implement: 1) Report back to Council regarding causes for difficulties in implementing audit recommendations; 2) Investigate the possibility that budget-related cuts and freezes may have impacted oversight/support functions and internal controls Citywide to a degree of unacceptable risk; 3) include an analysis of potential internal control impacts in future discussions of City budgets, as well as estimated costs for resolving them; and 4) take additional steps as Council may determine after discussion until the City Manager is able to explore the underlying causes of lack of implementation, Council should be cautious about committing funds to new program areas. Council should be prepared for the possibility that existing direct public services may be curtailed in the short run, in order to assign resources to resolve persistent and recurrent internal control weaknesses Citywide. This report has been discussed with the City Manager, who has agreed to return to Council with a preliminary report on February 7, 2006.
Financial Implications: See report
Contact: Ann-Marie Hogan, City Auditor's Office, 981-6750
33. Amending “By Right” Residential Additions and Definition of a Story in the Zoning Ordinance (PDF, 268 KB)
From: City Manager
Recommendation: Provide direction to staff by selecting one of the following options:
1. Refer the Councilmembers’ request to the Planning Commission for its consideration and have staff return in January to discuss when a revised ordinance can be recommended by the Planning Commission and whether undertaking this project would delay other work already programmed for this year; or
2. a. Direct staff to prepare an Urgency Ordinance modifying the Zoning Ordinance to make any addition above the first floor subject to discretionary review in the same manner as major residential additions, and modify the definition of a story, and bring it to the City Council for adoption by a 4/5 vote by December 13, 2005; and
b. Refer the matter to the Planning Commission for consideration by the end of the term of the urgency ordinance, as it may be extended by the Council, but in any event no more than two years (the maximum permitted duration of an interim ordinance).
In either case, the Council needs to provide direction to staff regarding the geographic area to be covered by the interim ordinance (e.g., limited to the Hill Overlay district, or applied to all residential districts where major residential additions are allowed) and whether a first story as-of-right addition should be limited to the current 500 square feet or be expanded to 700 square feet; or
3. Request that this issue return as part of Council’s consideration of the 2006-07 Planning Department Work Program.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
34. Berkeley Skate Park Rule Enforcement
a. From: Parks and Recreation Commission (PDF, 207 KB)
Recommendation: Direct the City Manager to begin a process of conciliation involving skate park users and relevant City representatives which may include reconsideration of current City Ordinance involving knee pads and helmets in light of current State Law.
Financial Implications: Staff time
Contact: Virginia Aiello, Secretary, 981-5158
b. From: City Manager (PDF, 161 KB)
Recommendation: Take no action on the Parks & Recreation Commission’s Council Report recommending that the City Manager reconsider enforcement of the helmet/pads rule at the City’s skateboard park.
Financial Implications: Unknown
Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700
Information Reports
35. 2005 Annual Commission Attendance Report (PDF, 4 MB)
From: City Manager
Contact: Sara T. Cox, City Clerk, 981-6900
36. Accounts Payable Audit - Status Report (PDF, 179 KB) (CF18-05)
From: City Manager
Contact: Fran David, Finance, 981-7300
37. Customer Service Level Evaluation (PDF, 238 KB)
From: City Manager
Contact: Fran David, Finance, 981-7300
38. Treasury Cash Receipts/Cash Handling Audit - Status Report (PDF, 161 KB) (CF19-05)
From: City Manager
Contact: Fran David, Finance, 981-7300
39. Berkeley Drop-In Center Status Update (PDF, 133 KB)
From: City Manager
Contact: Stephen Barton, Housing, 981-5400 and Fred Medrano, Health and Human Services,