Regular Meeting eAgenda
April 20, 2004

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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, April 20, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
 

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.

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

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 discussed at the end of the Action Calendar unless reordered by the Council.

1.      Contract: Shelter Plus Care (PDF, 214 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action of the City Manager taken during recess to execute a renewal contract with the County of Alameda in the amount of $218,088, to provide tenant-based rental assistance through the Shelter Plus Care Supportive Housing Program for the period February 1, 2004 though January 31, 2005.

Financial Implications:  See report.

Contact: Stephen Barton, Housing, 981-5400

2.      Joint Winter Shelter at the Oakland Army Base (PDF, 284 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action taken by the City Manager during recess to authorize the reallocation of $17,400, originally budgeted for the Winter Voucher Program and BART transportation for the Winter Shelter, to pay the City of Oakland, Community and Economic Development Agency, in order to extend the operating period of the Joint Winter Shelter Program at the Oakland Army Base.

Financial Implications: Reallocation from Transportation - $3,800 and Emergency Housing Vouchers – $13,600.

Contact: Stephen Barton, Housing, 981-5400


Consent Calendar

3.      Minutes for Approval  (PDF, 2 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of March 16, 2004 (special and regular) and March 23, 2004 (special and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

4.      Needle Exchange (PDF, 168 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: Sherry Kelly, City Clerk, 981-6900

5.      Initiative Petition: Angel’s Initiative (PDF, 477 KB)

From: City Manager

Recommendation:  Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212. This initiative: 1) declares that the people of Berkeley oppose California state laws making prostitution a crime, and directs the Council to lobby in favor of the repeal of such laws; 2) makes enforcement of prostitution laws the lowest priority; and 3) requires the Police Department to report to the Council and the Police Review Commission regarding all prostitution law enforcement activities by the police.

Contact: Sherry Kelly, City Clerk, 981-6900

6.      Initiative Petition: The Public Tree Act of 2004 (PDF, 2 MB)

From: City Manager

Recommendation:  Refer to the City Manager a proposed initiative for a report to Council as to any of the impacts specified in Election Code section 9212.  This initiative would create the Berkeley Tree Board, composed of 13 members, 9 appointed by the Council and 4 by specified commissions, which would be authorized to implement the regulatory scheme as proposed in the initiative concerning public trees.

Contact: Sherry Kelly, City Clerk, 981-6900

7.      Purchase Order: Captioning Services (PDF, 126 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase the Purchase Order with Teri Darrenougue in the amount of $13,000 for a total FY 2004 amount not to exceed $33,000 for captioning services for Council meetings through June 30, 2004.

Financial Implications:  General Fund – $33,000.

Contact: Sherry Kelly, City Clerk, 981-6900

8.     Claim: FolksAmerica Reinsurance Company (PDF, 138 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the claim of FolksAmerica Reinsurance Company in the amount of $35,516.75.

Financial Implications: Public Liability Fund – $35,516.75.

Contact: Manuela Alburquerque, City Attorney, 981-6950

9.      Formal Bid Solicitations and Requests for Proposals (PDF, 563 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: Various Funds – $5,232,000.

Contact: Fran David, Finance, 981-7300

10.  Ceremonial for Smart Lights and California Youth Energy Services (PDF, 129 KB)

From: City Manager

Recommendation:  Recognize two programs: Smart Lights and California Youth Energy Services (CYES) for their excellent past performance and their recent awards of funding from the California Public Utilities Commission. It is recommended that this ceremony take place at the beginning of the April 27, 2004 meeting.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

11.  Side Letter Agreement with Public Employees Union Local 1 (PDF, 326 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Public Employees Union Local 1 to include a $1,000 annual uniform allowance for the classification of Crime Scene Supervisor in Section 20 (Clothing and Shoe Allowances) of the current Memorandum of Understanding (MOU).

Financial Implications: General Fund – $2,000 year.

Contact: Nicki Spillane, Human Resources, 981-6800

12.  Contract: Workers’ Compensation Consulting Services  (PDF, 348 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment and any additional amendments with Lindy West & Associates for consulting services for the reduction of lost time and return to work under the workers’ compensation program for the period of April 1, 2004 through June 30, 2005, in an amount not to exceed $50,000.

Financial Implications: Workers’ Compensation Self-Insurance Fund – $50,000.

Contact: Nicki Spillane, Human Resources, 981-6800

13.  Long-Term Disability Insurance Premium Increase (PDF, 287 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a premium increase for the UnumProvident Life Insurance Company Long-Term Disability (LTD) insurance plan from 3.6% to 4.32% for every $100 of active participants’ covered salaries, for an additional cost of $34,000 for the calendar year for employees enrolled in the Supplementary Retirement Income Plan I (SRIP I) effective January 1, 2004 through January 1, 2005.

Financial Implications:  Fringe Benefits Fund – $34,000.

Contact: Nicki Spillane, Human Resources, 981-6800

14.  Purchase Order: Parking Ticket Processing Services (PDF, 213 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to establish a purchase order in an amount not to exceed $108,000 to provide continuation of payment to Clancy Systems for parking ticket processing services for the period July 1, 2003 through June 30, 2004.

Financial Implications: Parking Meter Fund – $108,000.

Contact: Roy Meisner, Police, 981-5700

15.  Contract: Parking Ticket Processing Services (PDF, 292 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into a contract with Enforcement Technology Incorporated for parking citation hardware and processing services for the period of May 1, 2004 through June 30, 2009 in an amount not to exceed $70,000 per year.

Financial Implications: Parking Meter Fund –$70,000.

Contact: Roy Meisner, Police, 981-5700

16.  Grant and Contract: Improvements at Aquatic Park  (PDF, 210 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a competitive grant proposal for improvements at Aquatic Park to the California Conservancy; 2) enter into a contract with the Coastal Conservancy and execute related grant agreements and any amendments; 3) accept these grant funds; 4) implement the projects; and
5) appropriate grant funding for related expenses, subject to securing the grant.

Financial Implications:  Revenue up to $2,000,000.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

17.  Contract: Household Hazardous Waste Collection Program (PDF, 297 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Curbside, Inc. for a turnkey door-to-door household hazardous waste (HHW) collection serving immobile senior or disabled residents that are low income and without transportation for the period May 1, 2004 through May 31, 2006 in the amount not to exceed $122,000.

Financial Implications: Funded by California Integrated Waste Management Grant – $122,000.

Contact: Dan Marks, Planning, 981-7400

18.  Contract: Sanitary Sewer Project (PDF, 871 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Martin Luther King, Jr. Way, University Avenue, Durant Avenue, Channing Way, Dwight Way, Blake Street, Lewiston Avenue, Northgate Avenue and Shasta Road; accepting the bid of Gold Wing Engineering; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $848,713 from the Sewer Capital Improvement Project Fund for the period of 220 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $848,713.

Contact: Rene Cardinaux, Public Works, 981-6300

19.  Contract: Sanitary Sewer Replacement Project (PDF, 512 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McNamara & Smallman Construction, Inc. for the Sanitary Sewer Rehabilitation and Replacement Project, increasing the contract amount by $193,000 for a new total not to exceed $1,372,442, from the Sewer Capital Improvement Project Fund and extending the contract time for the period of 75 calendar days.

Financial Implications: Sewer Capital Improvement Project Fund – $193,000.

Contact: Rene Cardinaux, Public Works, 981-6300

20.  Contract: FY 2004 Spiral Sidewalk Project (PDF, 499 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2004 Spiral Sidewalk Project; 2) accepting the bid of Berkeley Cement Inc.; and 3) executing a contract and any amendments in an amount not to exceed $139,519 for the period of 180 calendar days.

Financial Implications:  General Capital Improvement Fund – $117,743, Gas Tax Fund – $21,776.

Contact: Rene Cardinaux, Public Works, 981-6300

21.  Contract: Speed Surveys and Volume Counts (PDF, 239 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with CMC Traffic Date Services dba Marks Traffic Data Services to add $20,000 for speed surveys and volume counts, for a total not to exceed $70,000, and extend the expiration date to September 30, 2005.

Financial Implications: Measure B Funds – $20,000.

Contact: Peter Hillier, Transportation, 981-7010

22.  Regional Planning Along San Pablo Avenue (PDF, 172 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution supporting participation in a regional planning effort for San Pablo Avenue being convened by Assemblymember Loni Hancock and appointing Mayor Bates as the City’s representative and Councilmember Maio as alternate.

Contact: Tom Bates, Mayor, 981-7100

23.  Community Budget Meetings (PDF, 202 KB)

From: Mayor Bates

Recommendation:  Direct the City Manager to work with members of the Council to hold at least four joint Council/City Manager community meetings on the City budget.

Contact: Tom Bates, Mayor, 981-7100

24.  Investigation of Electronic Voting Problems and Exploration of Election Alternatives

a.      From: Mayor Bates (PDF, 2 MB)

Recommendation:  Request: 1) the Alameda County Board of Supervisors and the Alameda County Registrar of Voters conduct a full investigation of the problems encountered during the last two elections and make a full report to the public; and 2) that City staff investigate legal and procedural options if the Council determines that the problems have not been resolved.

Contact: Tom Bates, Mayor, 981-7100

b.      Communications

1.      Registrar of Voters (PDF, 158 KB)

25.  Presentation of the PlanBerkeley Website (PDF, 49 KB)

From: Councilmember Maio

Recommendation:  Schedule a 15-minute presentation on May 4, 2004, by the neighbors who have developed the PlanBerkeley website that provides information and resources regarding development along University and San Pablo Avenues.

Contact: Linda Maio, Councilmember District 1, 981-7110

26.  Oppose Proposed Cuts in Home Support Services and Medi-Cal (PDF, 1 MB)

From:  Councilmember Spring

Recommendation:  Request the City Manager write a letter of opposition to Governor Schwarzenegger’s proposed cuts in In-Home Support Services and Medi-Cal and send/fax this letter to the Governor and members of the Assembly and Senate budget committees prior to the hearings scheduled for April 22, 2004.

Contact:  Dona Spring, Councilmember District 4, 981-7140

27.  Basic Life Support Ambulance Service and Expansion of Non-Emergency Ambulance Service (PDF, 968 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager the feasibility of Basic Life Support (BLS) ambulance service to increase Fire Department revenue, and expand non-emergency ambulance service to the community.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

28.  Fee Waiver: People's Park 35th Anniversary (PDF, 70 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all fees, including fees for event, food, sound permits, and insurance fees associated with People’s Park 35th Anniversary Street Fair and Concert and approving the City’s provision of the following in-kind services: 4 portable toilets provided by Public Works, dumpster and Solid Waste Services, and traffic engineering for closure of Haste (between Bowditch and Dana).

Financial Implications:  Fee Waiver and In-Kind Services – $3,957.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

29.  Proclamation: Armenian Genocide Commemoration Day (PDF, 96 KB)

From: Councilmember

Recommendation:  Approve a Proclamation declaring April 24, 2004 Armenian Genocide Commemoration Day to be presented on April 20, 2004.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

30.  Support Resolution “Welcome Home Veterans” (PDF, 55 KB)

From: Councilmember Worthington

Recommendation:  Support Resolution “Welcome Home Veterans”, acknowledging and honoring several people from different City departments as well as Berkeley residents who served in Afghanistan and Iraq.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action Calendar -Public Hearings

31.  Regulation of Ex Parte Contacts in City Quasi-Judicial Hearings (PDF, 6 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, provide direction as to how to regulate ex parte contacts (by one party outside the public hearing) in quasi-judicial matters before the City Council and before City boards and commissions when they conduct quasi-judicial hearings.

Financial Implications:  None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

32.  Allocation of Funds for the FY 2004-2005 Federal Community Development Block Grant (CDBG) and the Emergency Shelter Grant (ESG) (PDF, 7 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution: 1) approving proposals for funding under the FY 2004-2005 Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) programs; 2) executing the resultant agreements and amendments for the 2004-2005 CDBG and ESG funds; 3) placing 90% of the FY 2004-2005 HOME allocation in the Housing Trust Fund and the remaining 10% for program administration; and 4) authorizing the City Manager to submit the 2004 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG and ESG funding.

Financial Implications:  Approximately $5.9 million will be available for City and community agency activities and projects.

Contact: Stephen Barton, Housing, 981-5400

33.  Grant: Citizen's Option for Public Safety (COPS) FY 2003/2004 (PDF, 196 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to appropriate $155,816 in California Citizen’s Option for Public Safety (State COPS) grant funding for FY 2003-2004, to be used for a youth service counselor, volunteer coordinator, police aides, DNA testing, County of Alameda information systems data sharing costs and other equipment needs.

Financial Implications:  Revenues – $155,816.

Contact: Roy Meisner, Police, 981-5700

34.  Extend Residential Permit Parking Program  

a.      From: City Manager (PDF, 171 KB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution:
1) amending Sections 25C, 25E, 25J and 25M of Resolution No. 56,508–N.S. by adding subsections to extend residential permit parking on the north side of Allston Way between Spaulding Avenue and California Street; on the south side of Cedar Street between Milvia and Harvey Streets; on the north side of Oregon Street between Milvia and Adeline Streets; and on the west side of Martin Luther King, Jr. Way between Prince and Woolsey Streets; and 2) authorizing the use of $2,400 from the Office of Transportation budget to cover implementation costs.

Financial Implications: General Fund – $2,400.

Contact: Peter Hillier, Transportation, 981-7010

b.      Communications (PDF, 313 KB)

1.      Lisa Fisher

2.      Nancy W. Graham
 

Action Calendar – Public Hearings – Fees

35.  Fees: Recreation Programs (PDF, 2 MB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt two Resolutions: 1) approving new fees for parks and recreation programs and facilities and rescinding Resolution Nos. 62,182–N.S. and 56,633–N.S. and all amendatory resolutions and 2) approving policies and procedures for parks and recreation programs and facilities; and rescinding Resolution Nos. 62,182–N.S. and 56,633–N.S. and all amendatory resolutions.

Financial Implications: Increased Revenue for FY 2005 – $41,600.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

36.  Fee Waiver: Seismic Strengthening (PDF, 429 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt a first reading of an Ordinance amending Berkeley Municipal Code Chapter19.66 (Waiver of Seismic Retrofitting Fees) to discontinue the waiver of building permit fees for seismic retrofit of residential buildings.

Financial Implications: Permit Service Center Fund Revenue – $300,000 a year.

Contact: Dan Marks, Planning, 981-7400

37.  Fees and Parking Structure for City Parking Garages (PDF, 569 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving a flat-rate fee Mondays through Fridays between the hours of 7:00 a.m. and 11:00 a.m. and Saturdays between the hours of 7:00 a.m. and 2:00 p.m. to $1.50 for two-hour parking for the Center Street Garage and readopting fees and policies for three municipal parking facilities: Center Street Garage, Sather Gate Garage and Oxford Lot and rescinding Resolution No. 62,069–N.S.

Financial Implications:  Revenue neutral.

Contact: Peter Hillier, Transportation, 981-7010
 

New Business

38.  Ballot Measure: Reauthorization of Expenditures of Voter-Approved Taxes (PDF, 265 KB) (CF 17-04)

From: City Manager

Recommendation: Provide comments to the City Attorney concerning the second draft of the ballot title and City Attorney’s analysis of a ballot measure for the November 2004 election to reauthorize spending taxes previously approved by the voters, since reauthorization of such expenditures is required every four years by the California Constitution.

Financial Implications: This is not a new tax or a tax increase but is a reauthorization of expenditures.  Costs to place measure on the ballot is approximately $5,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950


Information Reports

39.  Business License Tax Audit for FY 2001 (PDF, 567 KB) (CF 37-03)

From: City Manager

Contact: Fran David, Finance, 981-7300

40.  Update on BOSS Recovery Plan (PDF, 253 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

41.  Annual Minority and Gender Representation Report (PDF, 6 MB)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

42.  Quarterly Report on Employee Safety and Workers' Compensation  (PDF, 1 MB) (CF 07-04)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800


Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Garbage and Pedestrian Hazards on Stuart and College Avenue

1.      Anne Marselis (4)

Loss of Civility in Berkeley

2.      Anne Marselis Whyte, Saint John’s Neighbors

University of California Negligent in the Berkeley Community

3.      Anne Marselis, Saint John’s Neighbors (2)

Budget Cuts and Labor Contracts

4.      Barbara Gilbert (3)

Development Impact Fees – Transportation

5.      Barbara Gilbert

Assault by Berkeley High Student

6.      Kymberly Acton

Proposed AC Transit Route Changes – East Bay Bus Rapid Transit Project

7.      Sarah Herr, Maybeck High School

8.      Michael Katz

9.      Allen Freeman, Livable Berkeley

UC Conference Center

10.  Allen Freeman, Livable Berkeley

University Avenue Strategic Plan

11.  Stephen Wollmer

12.  Allen Freeman

Portland Perspectives

13.  Jason Meggs

Creek Ordinance

14.  Tom and Jane Kelly

15.  Jane M. Kelly

16.  Richard Register

17.  Juliet Lamont

18.  Tony Bernhardt

19.  Jana Olson

Investigation of Impeachable Offenses committed by President Bush and Vice President Cheney

20.  Mark McDonald, Peace and Justice Commission

21.  Mark A. Goldman

Library Gardens

22.  Jason Meggs

50 Rolls of 400 ASA Black & White Film

23.  Anne Whyte

1698 University Avenue, Tune-Up Masters Site

24.  Robin Kibby, Addison Allston Roosevelt California Neighborhood Association

Excessive Second Unit Regulation by State—AB 2702

25.  Barbara Gilbert

Public Attorneys

26.  Anne Whyte

PRC Rejects BPD Search and Rescue Dogs

27.  Sam Herbert

PRC Should not Make Public Safety Policy

28.  Sam Herbert

High Shooting/Murder Potential

29.  Sam Herbert

Maximize Revenues – Dog Licenses and Vaccinations

30.  Miss Honor Thompson

Monitoring Commission for US Elections

31.  Leuren Moret (2)

Mutual Aid Pact Ordinance

32.  James B. Chanin

Voter Card Encoders

33.  Bradley J. Clark, Registrar of Voters

Youth Programs Cost Study

34.  Barbara Gilbert

Dona Spring on the Michael Medved Show

35.  Jeff Silverbeg

$BudgetWatch$ Letter Number 2: Priorities

36.  Dean Metzger, forwarded by Marie Bowman and Robert Baum

Proposed New Berkeley Bowl and Impacts on 9th Street Bikeway

37.  Allen Freeman, Livable Berkeley

American Insensitivity

38.  Mark A. Goldman
 

Adjournment