Regular Meeting eAgenda
June 28
, 2005

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 28, 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.

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.      New Berkeley Electrical Code (PDF, 216 KB) (First Reading June 20, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of Ordinance repealing Berkeley Municipal Code (BMC) Chapter 19.30, Berkeley Electrical Code, and adopting a new BMC Chapter 19.30 and procedural provisions.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

2.      Credit and Debit Card Use for Campaign Expenditures (PDF, 56 KB) (First Reading June 20, 2005 – Unanimous)

From: Fair Campaign Practices Commission

Recommendation:  Adopt second reading of an Ordinance amending the Berkeley Election Reform Act (BERA) to permit use of credit cards and debit cards for campaign expenditures.

Financial Implications: Reduced staff time.

Contact: Manuela Albuquerque, Secretary, 981-6950

3.      Needle Exchange (PDF, 180 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.      South Berkeley Revolving Loan Fund Administrative Plan (PDF, 5 MB)

From: City Manager

Recommendation:  Adopt a Resolution approving the Administrative Plan for the South Berkeley Revolving Loan Fund (RLF) for the expanded lending Target Area in South Berkeley.

Financial Implications: See report.

Contact: Tom Myers, Economic Development, 981-7530

5.      South Berkeley Revolving Loan Fund Certification (PDF, 216 KB)

From: City Manager

Recommendation:  Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

6.      Formal Bid Solicitations and Requests for Proposals (PDF, 188 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 – $178,000.

Contact: Fran David, Finance, 981-7300

7.      Contract: Banking Services (PDF, 344 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Bank of the West for banking services from July 1, 2004 to June 30, 2005, increasing the contract amount by $53,000 for a total amount not to exceed $163,000.

Financial Implications: General Fund – $53,000.

Contact: Fran David, Finance, 981-7300

8.      Contract: Sales Tax and Utility Users Tax Services (PDF, 699 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with MBIA MuniServices Company (MMC) for sales tax and utility users tax revenue enhancement and information services to the City for the period July 1, 2005 through June 30, 2006 in an amount not to exceed 25 percent of new revenue raised through Sales Tax activities and a fixed fee of $85,000.

Financial Implications: 25% of new Sales Tax revenue; $85,000 fixed fee.

Contact: Fran David, Finance, 981-7300

9.      Contract: Professional Auditing Services (PDF, 435 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with C.G. Uhlenberg LLP, auditing firm selected by the Mayor, to audit the City’s financial statements and perform compliance audits required by the Single Audit Act of 1984 (as amended in 1996) for the period July 1, 2005 through June 30, 2008 in an amount not to exceed $575,000.

Financial Implications: General Fund – $417,000;

Contact: Fran David, Finance, 981-7300

10.  Contract: Pavement Condition Survey (PDF, 344 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the Pavement Condition Survey; 2) accepting the bid of Engineering Information Services, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $36,255 for the period of 100 calendar days.

Financial Implications: Measure B Fund – $36,225.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Contract: Solano Avenue Pavement Rehabilitation Project (PDF, 274 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Solano Avenue Pavement Rehabilitation Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,094,730 for the period of 105 calendar days.

Financial Implications: State Gas Tax Fund – $10,000; Capital Improvement Fund – $1,084,730.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Purchase Order: Go-4 Interceptor II Parking Enforcement Vehicles (PDF, 322 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) waive competitive bidding and sole source requirements; and 2) authorize the purchase of five Go-4 Interceptor II parking enforcement vehicles with Municipal Maintenance Equipment of Sacramento, California, in an amount not to exceed $149,175 in FY 2005.

Financial Implications: Equipment Replacement Fund – $149,175.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  Downtown Berkeley BART Bikestation Expansion MOU (PDF, 259 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to sign a memorandum with BART transferring up to $27,000 for planning and design work relevant to the expansion of the Downtown Berkeley BART Bikestation.

Financial Implications: Capital Improvement Fund – $17,000; Measure B (Bike and Pedestrian) Fund – $10,000.

Contact: Peter Hillier, Transportation, 981-7010

14.  Grant: 9th Street Bicycle Boulevard Extension (PDF, 363 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to file an application for federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding in the amount of $1,034,000 for the 9th Street Bicycle Boulevard Extension, committing $118,000 in local match for the project.

Financial Implications: Grant Revenue – $1,034,000; Transportation Development Act Article 3 Fund –$118,000 (local match).

Contact: Peter Hillier, Transportation, 981-7010

15.  Audit Coordination and Reports (PDF, 296 KB)

From: City Auditor

Recommendation: Adopt a Resolution: 1) expanding current Council directives to include notifying the City Auditor of anticipated or planed audits and studies by external parties, in addition to those completed; 2) augmenting previous Council requirement that reports be provided within five working days of receipt to ensure advance notification; and 3) amending City administrative regulations and other guidelines to reflect the new policy.

Financial Implications: None.

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

16.  Support Establishing U.S. Department of Peace

a.   From: Councilmember Worthington (PDF, 215 KB)

Recommendation:  Adopt a Resolution supporting the establishment of a United States Department of Peace.

Financial Implications: None.

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

b.      From: City Manager (PDF, 286 KB)

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

17.  Support United Farm Workers’ Boycott for Fair Contracts with Gallo of Sonoma (PDF, 68 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution supporting United Farm Workers’ boycott for fair contracts with Gallo of Sonoma.

Financial Implications: None.

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

18.  Proclamation: Edith Kramer Day (PDF, 147 KB) (Held over from June 14, 2005 by Councilmember Worthington)

From: Councilmember Worthington

Recommendation: Adopt a proclamation for Edith Kramer Day in Berkeley.

Financial Implications: None.

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

19.  Fee Waiver: Construction Parking Permits (PDF, 28 KB)

From: Councilmember Wozniak

Recommendation:  Waive fees for Berkeley Piano Club to purchase two construction permits for June through October to complete a landscaping project, add wheelchair accessible restrooms and for seismic retrofitting.

Financial Implications: No loss of revenue.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

20.  Update of the Five-Year Street Plan for FY 2006-2010

a.   From: Public Works Commission (PDF, 794 KB)

Recommendation:  Adopt a Resolution adopting the update of the Five-Year Street Plan for FY 2006-2010, based on prior funding levels, and ensure that the additional allocation of $1,600,000 for Street Repair, as identified in the City Manager’s proposed budget, is realized.

Financial Implications: See report.

Contact: Jeffrey Egeberg, Secretary, 981-6400

b. From: City Manager (PDF, 104 KB)

Recommendation:  The City Manager concurs with the recommendations of the Commission’s report, but requires that some of the content of the report be clarified.

Contact: Rene Cardinaux, Public Works, 981-6300
 

Action Calendar – Budget

21.  Adoption of FY 2006 and FY 2007 Budget

From: City Manager

Recommendation: Approve the FY 2006 and FY 2007 Budget through the following actions:

a.   Adoption of Budget (PDF, 687 KB) (To be delivered)

Recommendation: Adopt a Resolution adopting the FY 2006 and FY 2007 Budget as contained in the City Manager’s FY 2006 and FY 2007 Proposed Budget, presented on May 10, 2005 and as amended by subsequent Council action.

i)    Authorize the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2006, as reflected in Attachment B, and as amended by Council.

b.      Side Letter of Agreements with Unions and Save-Pay (PDF, 4 KB) (To be delivered)

From: City Manager

Recommendation: Adopt Resolutions for unrepresented employees and subsequent side-letter agreements with SEIU Local 790, SEIU Local 535, Part-Time Recreation Leaders Association/SEIU Local 535, IBEW Local 1245 and PEU Local 1 regarding a suspension of accrued vacation leave sell back and cash out provisions contained in the Unrepresented Employees Manual and in the respective labor contracts for non-sworn employees over the next three years and the continuation of Voluntary Time Off (VTO) - as contained in related Council reports.

Financial Implications: See reports.

Contact: David Hodgkins, Human Resources, 981-6800

i)    Authorize a one-year Save Pay component for affected employees that are subject to being placed in a lower-paid position due to employee layoffs and resultant bumping - upon ratification of union side-letter agreements regarding cost savings measures;

c.       Annual Appropriations Ordinance (PDF, 1MB) (To be delivered)

Recommendation: Adopt first reading of the FY 2006 Annual Appropriations Ordinance.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

d.      Organization Ordinance (PDF, 526 KB)

Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code Sections 2.44.010, 2.44.020, 2.44.040, 2.50.010, 2.50.030, 2.50.040, 2.50.050, 2.50.060, 2.72.010, 2.72.020, 2.72.030, and 2.72.040 to reflect updated organizational changes.

Financial Implications: None.

Contact: Tracy Vesely, City Manager, 981-7000

e.      Extension of Voluntary Time Off Program and Temporary Closure of Certain City Offices (PDF, 429 KB)

Recommendation:  Adopt a Resolution designating Voluntary Time Off (VTO) days in FY 2006 and authorizing the City Manager to temporarily close certain City offices and non-essential services for those days, permitting staff to voluntarily take time off resulting in immediate cost savings to the City.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

22.  Appropriations Limit for Fiscal Year 2006 (PDF, 690 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing the appropriations limit at $142,746,637 for FY 2006 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

23.  Temporary Appropriations (PDF, 225 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2005 until the effective date of the FY 2006 Annual Appropriations Ordinance.

Financial Implications: See report.

Contact: Fran David, Finance, 981-7300

24.  Tax Rate: Disaster Fire Protection (Measure Q) (PDF, 201 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2006 tax rate for the procurement of disaster fire equipment at $0.0125 per square foot of improvements.

Financial Implications: Estimated Collections: $952,333.

Contact: Fran David, Finance, 981-7300

25.  Tax Rate: Emergency Medical Services (PDF, 283 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance levying a special tax of $0.0269 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.

Financial Implications: Estimated Collections: $2,039,000.

Contact: Fran David, Finance, 981-7300

26.  Tax Rate: Emergency Services for the Severely Disabled (PDF, 188 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2006 tax rate for the provision of emergency services for the disabled at $0.01 per square foot of improvements.

Financial Implications: Estimated Collections: $754,105.

Contact: Fran David, Finance, 981-7300

27.  Tax Rate: Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds (PDF, 463 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2006 Tax Rate for the Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds at 0.0225%.

Financial Implications: Estimated Collections: $2,200,000.

Contact: Fran David, Finance, 981-7300

28.  Tax Rate: Library Services (PDF, 194 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance setting the FY 2006 tax rate for the Library Services Tax at $0.1385 per square foot for dwelling units and $0.2097 per square foot for industrial, commercial and institutional buildings.

Financial Implications: Estimated Collections: $12,160,735.

Contact: Fran David, Finance, 981-7300

29.  Tax Rate: Measure S General Obligation Bonds (Election of 1996) (PDF, 395 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance setting the FY 2006 tax rate for Measure S General Obligation Bonds (Election of 1996) at  0.0425%.

Financial Implications: Measure S Debt Service Fund – Estimated Collections: $4,100,000.

Contact: Fran David, Finance, 981-7300

30.  Tax Rate: Maintenance of Parks, City Trees and Landscaping (PDF, 367 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance levying a FY 2006 special tax of $.101 per square foot of all improvements to fund the maintenance of parks, City trees and landscaping in the City.

Financial Implications: Park Tax Fund – Estimated Collections: $7,646,910

Contact: Fran David, Finance, 981-7300

Action Calendar – Old Business

31.  Street Events and Certified Farmers’ Markets Fees (PDF, 5 MB) (Held over from June 14, 2005)

From: City Manager

Recommendation:  1) Adopt first reading of Ordinance amending Berkeley Municipal Code (BMC) Sections 13.44.020, 13.44.040 and 13.44.080 to make technical corrections; and 2) adopt Resolution establishing permit filing fees for street events and Certified Farmer’s Markets.

Financial Implications: See report.

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

32.  Requirement for Public Review of Tentative Agreements (PDF, 80 KB) (Held over from June 21, 2005)

From: Mayor Bates and Councilmember Worthington

Recommendation:  Approve the concept of requiring all future confidentiality agreements to include a provision for public review and comment on any tentative land use, master plan, or long range agreement prior to final Council action and request the City Manager return with an appropriate resolution to implement this concept.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100; Kriss Worthington, Councilmember District 7, 981-7170

33.  Dedicated Revenue Stream for Affordable Housing Trust Fund: Sale of Surplus Property (Held over from June 21, 2005)

a.   From: Councilmember Worthington  (PDF, 83 KB)

Recommendation: Adopt a policy to designate a dedicated revenue stream for the Affordable Housing Trust Fund by setting aside a percentage of revenue (between 25% to 50%) from sale of surplus property.

Financial Implications: None.

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

b. From: Housing Advisory Commission  (PDF, 186 KB)

Recommendation:  Allocate a significant portion of proceeds from sales of surplus City property to the City of Berkeley Housing Trust Fund.

Financial Implications: Unknown.

Contact: Oscar A. Sung, Secretary, 981-5410

c.   From: City Manager  (PDF, 66 KB)

Recommendation:  Refer to the budget process.

Contact: Stephen Barton, Housing, 981-5400
 

Information Reports

34.  Status Report on Administrative Changes to Handling Community Agency Contracts and Other Improvements (PDF, 727 KB) (CF 167-00)  

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

35.  Update: Implementation of FUND$ Change Management Audit Recommendations (PDF, 629 KB) (CF 69-04)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

36.  Audit Plan for FY 2006 (PDF, 267 KB)

From: City Auditor

Contact: Ann-Marie Hogan, 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.

Zero Waste Goal

1.      Ross C. Anderson, Mayor, Salt Lake City, Utah, submitted by Mayor Bates

RFID at the Berkeley Public Library

2.      Petition with 939 signatures, Super Berkeleyans Organizing for Library Defense (SuperBOLD), submitted by Jane Welford, Executive Secretary

Funding for Jubilee Restoration

3.      Jane Micallef, Homeless Commission Secretary

Berkeley’s First Call Disaster Warning System

4.      Lee Amosslee

5.      Laurel Amosslee

6.      Jane Townley

7.      Jesse Townley

Fire and Disaster Service Cuts

8.      Don Kasamoto

9.      Barbara Bull

10.  Judy Ziajka

11.  Susan Lea

12.  Stephen Beck

13.  Stephanie Roeser

14.  Cecilia I. Gaerlan

15.  Carolyn Winters

16.  Laurie A. Stevens and La Dell Dangerfield III

17.  Michael Luby

18.  Cary and Denis Lapidus

19.  Irene and David Winston

20.  Vonnie Gurgin

21.  Mark Livingston

22.  Charles Eckman

23.  Diane R. Crowley

24.  Christine Blaine

25.  Professor and Mrs. Erwin L. Hahn

26.  Tom Lawrence

27.  Christina S. De Cornejo

28.  Patricia Boyar and Paul Krahenbuhl

29.  Jerry Landis

30.  Wendy Sprague

Crime and Clean-up

31.  Anne Whyte (3)

UC Berkeley Long Range Development Plan

32.  Patricia Bulitt

Housing Costs

33.  Barbara Gilbert

David Brower Center/Oxford Plaza

34.  Daniel Clowes

Diebold Voter System

35.  Julia Craig

Business License for Realtors Doing Business in Berkeley

36.  Barbara Gilbert

City Budget

37.  Evelyn Giardina

38.  Barbara Gilbert

39.  Presentation materials, Berkeleyans Against Soaring Taxes (BASTA), submitted by Marie Bowman

California Educational Spending

40.  Barbara Gilbert

Animal Shelter Cuts

41.  Ruth Silverman

42.  Nancy Hair

Jefferson School Name Change

43.  Barbara Gilbert

Library Tax Increase

44.  James Fisher

2701 Shattuck Avenue – Choyce Project

45.  Brian Tellus/EyeonBerkeley

“Do Something” E-mail (Aggressive Panhandling)

46.  Chief of Police, Douglas N. Hambleton


Adjournment