Regular Meeting eSummary
March 15
, 2005

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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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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summary

BERKELEY CITY COUNCIL MEETING

Tuesday, March 15, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconferencing Location – 1636 Channing Way, Berkeley, CA

 

Preliminary Matters

Roll Call:  7:20 p.m.  Absent – Wozniak.

Ceremonial Matters:

1.      Proclamation celebrating March 21, 2005 as International Earth Day. Earth Day in the City of Berkeley will be celebrated on March 20, 2005 with a Peace Bell ringing ceremony at City Hall at noon.

2.      Acknowledgement of Captain Doug Hambleton’s appointment as Police Chief. 

City Manager Comments:  The Commission on the Status of Women will be meeting on March 16, 2005 at 7:30 p.m. at the North Berkeley Senior Center for their annual ceremony honoring Outstanding Berkeley Women.

Public Comment:  12 speakers.

 

Consent Calendar

Action: Moved, seconded, carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:

1.      Amendment of BMC Chapter Regarding Infractions and Misdemeanors (PDF, 153 KB) (First reading March 8, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) sections 1.20.020 relating to how violations of City ordinances are charged.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Ordinance No. 6,845–N.S. (PDF, 192 KB) Effective April 14, 2005.

2.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation: Approve minutes for Council meetings of February 15, 2005 (closed and regular) and February 22, 2005 (regular).

Financial Implications: None.

Contact: Sara Cox, City Clerk, 981-6900

Action: Approved minutes.

3.      Formal Bid Solicitations and Requests for Proposals (PDF, 195 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: Sanitary Sewer Operation Fund – $1,140,000

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

4.      Contract: Vocational Services for Mental Health Clinics (PDF, 219 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Rubicon, Incorporated for vocational services for mental health clients for the period March 16, 2005 through March 15, 2006 in an amount not to exceed $48,000.

Financial Implications: AB 3034 Grant Fund – $48,000.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action: Adopted Resolution No. 62,836–N.S. (PDF, 78 KB)

5.      Purchase Order: United Pharmacy (PDF, 358 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a Purchase Order with United Pharmacy for prescription medications in an amount not to exceed $150,000 for the period January 1, 2005 through June 30, 2005.

Financial Implications: See report.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action: Adopted Resolution No. 62,837–N.S. (PDF, 69.1 KB)

6.      Contract Amendment: Youth Emergency Assistance Hotel-YEAH Shelter (PDF, 246 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase the contract amount with Lutheran Church of the Cross for the Youth Emergency Assistance Hostel (YEAH Shelter) by $9,985 for a total contract amount not to exceed $39,499 for the period July 1, 2004 through June 30 2005.

Financial Implications: General Fund – $9,985.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,838 –N.S. (PDF, 75 KB)

7.      Contract: Telephone Equipment Replacement (PDF, 188 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nexus Inc. for telephone equipment replacement components and related services in the amount of $50,000 per year, for a total amount not to exceed $120,000 for the period April 1, 2005 through June 30, 2007.

Financial Implications: General Fund – $120,000.

Contact: Chris Mead, Information Technology, 981-6500

Action: Held over to March 22, 2005 by the City Manager.

8.      Grant Application: Workforce Housing Reward Program (PDF, 312 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California, Department of Housing and Community Development for funds in the amount of $242,500 in FY 2004-2005 for planning documents for the South Branch Library, James Kenney Recreation Center roof replacement, and Fire Station No. 6 repair and maintenance; to accept the grant; and to execute the resultant revenue agreement and any amendments.

Financial Implications: Grant revenue – $242,500; no matching funds required.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted Resolution No. 62,839–N.S. (PDF, 109 KB)

9.      Contract Amendment: Geo-technical and Field-testing Work - Kleinfelder, Inc. (PDF, 241 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Kleinfelder, Inc., increasing the existing contract amount by $120, 080 for a total not to exceed $1,090,080, and extending the contract to June 30, 2005.

Financial Implications: Various Funds – $120,080.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,840–N.S. (PDF, 90 KB)

10.  Lease Agreement: 2033 Center Street (PDF, 2 MB)

From: City Manager

Recommendation: Adopt first reading of Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Rising Sun Energy Center to use property located at 2033 Center Street for the purpose of operating a non-profit organization to educate the public, provide residential audits and services and train and employ young people to work with the public.

Financial Implications: General Fund – $3,600 increase in annual revenue.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted first reading of Ordinance. Second reading scheduled for March 22, 2005.

11.  Parcel Based Special Taxes, Fees, and Assessments Audit (PDF, 3 MB)

From: City Auditor

Recommendation: Request the City Manager to ensure recommendations in the attached report are fully implemented and report back by September 13, 2005, regarding the implementation status of each recommendation.

Financial Implications: See report.

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

Action: Approved recommendation.

12.  Purchase Order Audit: Select Public Works Divisions at the Corporation Yard (PDF, 2 MB)

From: City Auditor

Recommendation: Request the City Manager to report back on September 13, 2005 regarding implementation status of each recommendation in the attached report, and continue to report back every six months, until all recommendations have been implemented.

Financial Implications: See report.

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

Action: Approved recommendation.

13.  Amend Environmental Procedures (PDF, 325 KB)

From: Councilmember Spring

Recommendation:  Request the City Manager to amend the City’s Environmental Procedures and post the attached environmental procedures guidelines on the City’s web page as part of the City’s land use/environmental procedures.

Financial Implications: None.

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

Action: Held over to April 12, 2005 by Councilmember Spring.

14.  Meiklejohn Civil Liberties Institute Report on U.S. Human Rights Violations since 9/11 (PDF, 27 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution submitting Meiklejohn Civil Liberties Institute Report on U.S. Human Rights Violations since 9/11 to the U.S. State Department, U.N. High Commissioner for Human Rights, and UN Human Rights Committee.

Financial Implications: None.

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

Action: Adopted Resolution No. 62,841–N.S. (PDF, 142 KB)

Action Calendar – Budget

15.  Presentation of Initial FY 2006 and 2007 Budget Balancing Options

a.      From: City Manager (PDF, 10 MB) (To be delivered)

Recommendation:  That the City Council: 1) reaffirm its adopted budget policies – a) Implement a two-year approach to eliminate the City’s structural deficit that includes a contingency plan for future uncertainties and deficits, b) as one-time revenues become available, first consider the use of these funds for City capital improvements and investments to yield future savings, c) minimize impact on direct services to the city, d) balance reductions to City administrative services so as to not jeopardize the fiscal and administrative accountability, e) minimize staff layoffs, f) maintain the unrestricted General Fund Reserve at a minimum of 6% of revenues, g) maintain an adequate balance of funding and risk for the City’s unfunded liabilities, and continue the moratorium on all new expenditures; 2) adopt the use of one-time FY 2005 unanticipated revenue above FY 2005 Adopted Budget projections (approximately $3.5 million) for specific one-time capital needs and one-time expenditures – a) $2.4 million toward the purchase of the Public Safety Computer Dispatch System, b) approximately $500,000 to balance the project FY 2005 deficit in the Measure B Fund to avoid further reductions in pedestrian safety and street repairs, c) $30,000 for the Solar Bond funding match, d) $250,000 for the fees associated with the City’s lawsuit with the University of California, and e) $300,000 set aside for technology investments for customer service improvements.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

b.      From: Councilmember Worthington (PDF, 30 KB)

Recommendation:  Adopt the use of one-time revenue of $100,000 to move forward on Community Choice Aggregation by development of an implementation and business plan and intervention in the California Public Utilities Commission rulemaking process.

Financial Implications: $100,000.

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

Action: Presentation made with the exception of the Fire Department segment, which was held over to a special 6:00 p.m. work session on March 22, 2005.

Moved, seconded, carried (Worthington/Maio; Absent – Wozniak) to adopt Item 15b as amended to set aside one time current year revenue of $100,000 to move forward on Community Choice Aggregation plan development.  Councilmembers Maio and Worthington will prepare letters to the California Public Utilities Commission and other interested cities regarding the City’s intent and subject to the Mayor and City Manager’s approval. 

Council directed the City Manager to report back to Council by April 12, 2005 with additional information and a recommendation on Community Choice Aggregation.

Information Reports

16.  Transfer Station Cash Receipts/Cash Handling Audit - Status Report (PDF, 206 KB) (CF 34-04)

From: City Manager

Contact: Fran David, Finance, 981-7300; Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

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.

Marin Avenue Reconfiguration

1.      Mayor Robert Good, City of Albany

Bilingual Education and Berkeley Test Scores

2.      Barbara Gilbert

Nanotechnology

3.      Barbara Gilbert

Arts Funding Cuts

4.      Geoffrey Pond, Subterranean Shakespeare

Inter-American Day of Culture

5.      Xavier Tudela, Organization of the American Capital of Culture

Public Health Department Budget

6.      Thomas G. Kelley, Community Health Commission Spring, Moore

Disability and Retirement Benefits

7.      Barbara Gilbert

Community Choice Aggregation (AB 117)     Spring

8.      Tom and Jane Kelly, Bernard Marszalek, Alan Gould, Mi-Yung L. Rhee, Dale Hopkins, Bob and Patti Marsh, Eric C. van Vliet, Joyce Vollmer, and Mark Frye

2750 Buena Vista Way

9.      Richard Ehrenberger

LPC Subcommittee Meeting Regarding 2104 and 2108 Sixth Street

10.  Sandy Kasten and Jano Bogg


Supplemental Reports and Communications #1 (PDF, 4 KB)

Arts Funding Cuts

11.  Joanne De Phillips, Berkeley Chamber Performances


Supplemental Reports and Communications #2 (PDF, 4 KB)

Item 14: Meiklejohn Civil Liberties Institute Report on U.S. Human Rights Violations since 9/11

12. Ann Fagan Ginger

Item15: Presentation of Initial FY 2006 and 2007 Budget Balancing Options

13.  Presentation materials, submitted by City Manager (PDF, 6 MB)

Item15b: Community Choice Aggregation Funding

14.  Cynthia Cohen


Adjournment

Adjourned at 11:37 p.m. in memory of Eva Bansner and Christine Vida.