Regular Meeting eAgenda
October 5
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

TUESDAY, OCTOBER 5, 2004 – 7:00 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

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.      Needle Exchange (PDF, 162 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

2.      Appointment: Director of Parks Recreation and Waterfront (PDF, 237 KB)

From: City Manager

Recommendation: Adopt a Resolution confirming the appointment of Marc S. Seleznow as the Director of Parks Recreation and Waterfront.

Financial Implications: See report.

Contact: Phil Kamlarz, City Manager, 981-7000

3.      FY 2006 & FY 2007 Biennial Budget Development Process (PDF, 268 KB)

From: City Manager

Recommendation:  Approve the FY 2006 & FY 2007 biennial budget process calendar, including specific dates for Special Council Worksessions on the budget to be scheduled in October 2004.

Financial Implications: None.

Contact: Phil Kamlarz, City Manager, 981-7000

4.      Formal Bid Solicitations and Requests for Proposals (PDF, 167 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 but not yet received.

Financial Implications: Refuse Collection Disposal – $249,999.

Contact: Fran David, Finance, 981-7300

5.      Classification: Human Resources Manager (PDF, 4 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 title and salary range of Human Resources Manager in Representation Unit Z1 (Executive and Confidential Management Employees).

Financial Implications: See report.

Contact: David Hodgkins, Human Resources, 981-6800

6.     Contract: Leadership Development Training (PDF, 670 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the University of California, UC Davis Extension Program, Business and Technology Department to provide training for the new Leadership Development Program in the amount of $24,500 and approving a waiver under Berkeley Municipal Code (BMC) 12.090.070 (Nuclear Free Berkeley Act).

Financial Implications: Training Fund – $24,500.

Contact: David Hodgkins, Human Resources, 981-6800

7.      Temporary Appointments (PDF, 263 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,776–N.S. to modify Personnel Rule and Regulation 9.06 – Temporary Appointments to allow for requests of extension of temporary employees to be approved by the Personnel Board.

Financial Implications: None.

Contact: David Hodgkins, Human Resources, 981-6800

8.      Grant and Contract: Alcoholic Beverage Control (PDF, 220 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a grant contract and any amendments with the State of California in order to accept $50,000 in Department of Alcoholic Beverage Control (ABC) Grant funding and appropriate these funds for the enforcement of laws prohibiting furnishing alcohol to minors, persons under the age of 21 possessing alcohol, as well as other alcohol related crimes.

Financial Implications: Revenue – $50,000.

Contact: Roy Meisner, Police, 981-5700

9.      Contract: ABC Security Services (PDF, 259 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with ABC Security Services to add a shift at the Corporation Yard for the period October 1, 2004 to June 30, 2005 at an additional cost not to exceed $31,000 increasing the annual contract to a total amount not to exceed $206, 200.

Financial Implications: Equipment Maintenance Fund – $31,000.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Contract: Tire Service for Fleet Vehicles and Equipment (PDF, 307 KB)

From: City Manager

Recommendation:  Adopt a Resolution accepting the bid for tire service for fleet vehicles and equipment and authorizing the City Manager to execute a contract and any amendments to Don’s Tire Service for a total amount not to exceed $40,000 annually for FY 2005, with the option to extend for additional twelve month periods up to a maximum of five years.

Financial Implications: Equipment Maintenance Fund – $40,000.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Ellis Implementation Ordinance (PDF, 2 MB)

From: Rent Stabilization Board

Recommendation: Adopt first reading of an Ordinance amending Section 13.77.055 of the Berkeley Municipal Code (BMC), Ellis Implementation Ordinance, to increase the amount of the relocation benefit given to displaced tenants and to include elderly and disabled tenants in the class of tenants who qualify for relocation benefits.

Financial Implications: None.

Contact: Jay Kelekian, Rent Stabilization Program, 644-6128

12.  Support Alameda County Measure BB: Increase and Extension of Parcel Tax for AC Transit (PDF, 322 KB)

From: Councilmembers Hawley and Worthington

Recommendation: Support Alameda County Measure BB: Increase and Extension of Parcel Tax for AC Transit which, by increasing the existing parcel tax by $2 per month over ten years, will provide a steady stream of funding for AC Transit.

Contact: Miriam Hawley, Councilmember District 5, 981-7150 and Kriss Worthington, Councilmember District 7, 981-7170

13.  Support Proposition 67: Emergency Medical Services (PDF, 193 KB)

From: Councilmember Hawley

Recommendation:  Support Proposition 67, the California Emergency Medical Services Funding, Telephone Surcharge Initiative that will provide over $22 million annually for emergency rooms, trauma centers and health clinics as well as provide funds to upgrade the 9-1-1 system.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

14.  Support Measure AA: Bond to Retrofit BART (PDF, 24 KB)

From: Councilmembers Worthington, Maio and Olds

Recommendation: Support Alameda County Measure AA, Bond to Retrofit Bay Area Rapid Transit (BART), which will provide funding to make earthquake safety improvements to BART facilities in Contra Costa, San Francisco and Alameda Counties.

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Linda Maio, Councilmember District 1, 981-7110; Betty Olds, Councilmember District 6, 981-7160

15.  Creeks Ordinance (PDF, 7 KB) (First Reading September 28, 2004 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance adding section 17.08.055 to the Berkeley Municipal Code to incorporate standards governing rebuilding of structures that encroach in the required setback in the event of destruction due to disaster or similar occurrence.

Contact: Dan Marks, Planning, 981-7400
 

Action Calendar – Appeals

16.   1825 Eighth Street

a.      From: City Manager (PDF, 18 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve adding 30 square feet of habitable space (out of a total addition of 125.5 square feet) to an existing structure and to enlarge and relocate windows in an existing structure within a required rear yard setback area and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Brian Rawlinson (PDF, 2 MB)

c.       Communications (PDF, 828 KB)

1.      Yoshiko I. Wada, Shusuke Tsuchiya, Sonoko Tsuchiya and Hercules D. Morphopoulos

2.      Rachel Robson

3.      Brian Rawlinson

 NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.


Action Calendar – Old Business

17.  Grant Application: Repaving University Avenue (PDF, 411 KB) (Held over from September 21, 2004 by City Manager)

From: City Manager

Recommendation:  Adopt a Resolution authorizing: 1) the filing of an application for Federal Surface Transportation Program Funding for repaving University Avenue; 2) committing the necessary non-federal match for the project; 3) stating assurance to complete the project; and 4) authorizing the City Manager to accept the grant and to execute and resultant agreements and amendments.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

18.  Support Grocery Employees from United Food and Commercial Workers Bay Area Coalition (PDF, 189 KB)  (Held over from September 21, 2004 by Councilmember Worthington)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution in support of United Food and Commercial Workers (UCFW) Bay Area Coalition as they enter negotiations with grocery employers, encouraging fair bargaining and protection of employee and family healthcare.

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

19.  Support Proposition 60: Election Rights of Political Parties and Oppose Proposition 62: Elections, Primaries (PDF, 1 MB) (Held over from September 21, 2004 by Councilmember Worthington)

From: Councilmember Worthington

Recommendation:  Support Proposition 60 which provides the right for a political party participating in a primary election for partisan office to also participate in the general election for that office and oppose Proposition 62 which allows only the top two vote-getters in the primary to advance to the general election ballot.

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

20.  University Avenue Pedestrian Improvement Plan (Held over from September 21, 2004 by Councilmember Worthington)

a.      From: Transportation Commission (PDF, 479 KB)

Recommendation:  Adopt the recommendations listed in the “Summary: Pedestrian Friendly University Avenue Corridor Plan” to augment the 1996 University Avenue Strategic Plan.

Financial Implications: Unknown.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager (PDF, 137 KB)

Recommendation: Refer to staff for a report in the first half of 2005.

Contact: Peter Hillier, Transportation, 981-7010


Action Calendar – New Business

21.  Voting Delegates - Congress of Cities (PDF, 238 KB)

From: City Manager

Recommendation:  Designate a voting delegate and alternate to act on behalf of the City at the Annual Business Meeting at the National League of Cities’ Congress of Cities to be held in Indianapolis, Indiana on December 4, 2004, and direct the City Clerk to transmit the names of the delegates to the League no later than October 8, 2004.

Financial Implications: Conference fees and travel expenses.

Contact: Sherry Kelly, City Clerk, 981-6900

22.  Implementation of FY 2005 Adopted Budget/Fire Department (PDF, 378 KB)

From:  City Manager

Recommendation:  Direct the City Manager to:  1) continue discussions with Berkeley Fire Fighters Association regarding a salary savings at substantially the same percentage impact on total compensation as contributed by other labor unions, equivalent to approximately $300,000 from the Fire Department FY 2005 Budget; 2) provide final recommendations for equivalent reductions (approximately $300,000) to the FY 2005 Budget through the reduction of service in the Fire Department; and 3) reinstate the Fire Department service reduction in FY 2006 should the EMS Tax (Measure M) pass.

Financial Implications:  See report.

Contact:  David Orth, Fire, 981-5512

23.  Task Force and Changing Hours for Ohlone Dog Park

a.      From: City Manager (PDF, 316 KB)

Recommendation:  Continue the process underway by the Parks and Recreation Commission, the lead commission, and take no action regarding the hours of operation for Ohlone Dog Park.

Financial Implications:  Staffing for Task Force.

Contact: Jim Hynes, City Manager, 981-7000

b.      From: Citizens Humane Commission (PDF, 276 KB)

Recommendation:  1) Adopt a Resolution establishing a Task Force composed of members of the Citizens Humane Commission, Commission on Disabilities and the Parks and Recreation Commission to make recommendations on City policies governing park use, including park access and utilization by members of the disabled community, and by members of the pet owner/guardians community, and concerning the humane treatment of urban wildlife in parks and public open spaces and 2) support the Commission’s recommendation that the Ohlone Dog Park Hours remain unchanged.

Financial Implications: See report.

Contact: Kate O’Connor, Secretary, 981-6601

c.       Information Report from Commission on Disability (PDF, 159 KB)

Contact: Paul Church, Secretary, 981-6342

Information Reports

24.  FY 2004 Year End Report and Update FY 2005-2006 Budget (PDF, 907 KB)

From:  City Manager

Contact:  Tracy Vesely, City Manager, 981-7000

25.  Impact of Medi-Cal Provider Rate Reduction on Medi-Cal Reimbursements (PDF, 243 KB)

From: City Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6750


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.

Bicycle U-locks and Theft

1.      Hank Resnik

San Francisco Bay Area Water Trail

2.      Penny Wells, Bay Access, Inc.

Thousand Oaks Utility Undergrounding

3.      Stephen Bedrick

General Fund Fiscal Recovery Plan

4.      Mayor Tom Bates

Open House: Panoramic Buildings in Berkeley

5.      Patrick Kennedy

Waterfront Monument to David Brower

6.      Alan Goldfarb

Vote with the League of Women Voters

7.      Jean Safir

Electromagnetic Fields Study

8.      Mike Vandeman

Measure Q

9.      Ronald Weitzer

University Avenue Pedestrian Improvements Plan

10.  Ray Wheeler and Emily Fox

No on Proposition 68

11.  Justin Colsky


Adjournment