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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, July 12, 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.
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. Annual Appropriations Ordinance (PDF, 29 KB) (First Reading June 28, 2005–Unanimous)
Recommendation: Adopt second reading of the FY 2006 Annual Appropriations Ordinance.
Financial Implications: See report.
Contact: Tracy Vesely, City Manager, 981-7000
2. Organization Ordinance (PDF, 13 KB) (First Reading June 28, 2005–Unanimous)
Recommendation: Adopt second 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
3. Tax Rate: Disaster Fire Protection (Measure Q) (PDF, 6 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
4. Tax Rate: Emergency Medical Services (PDF, 6 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
5. Tax Rate: Emergency Services for the Severely Disabled (PDF, 7 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
6. Tax Rate: Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds (PDF, 8 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
7. Tax Rate: Library Services (PDF, 56 KB) (First Reading June 28, 2005–Unanimous as amended)
From: City Manager
Recommendation: Adopt second reading of an Ordinance setting the FY 2006 tax rate for the Library Services Tax to calculate the tax based on a 5.26% growth rate based on the Personal Income Growth Index, for an actual rate for dwelling units of $0.1392 per square foot, and for industrial, commercial, and institutional buildings, at $0.2106 dollars per square foot to allow the Main Library to remain open Sundays and the branches to extend hours they are open.
Financial Implications: Estimated Collections: $12,160,735.
Contact: Fran David, Finance, 981-7300
8. Tax Rate: Measure S General Obligation Bonds (Election of 1996) (PDF, 7 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
9. Tax Rate: Maintenance of Parks, City Trees and Landscaping (PDF, 7 KB) (First Reading June 28, 2005–Unanimous)
From: City Manager
Recommendation: Adopt second 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
10. Street Events and Certified Farmers’ Markets Fees (PDF, 16 KB) (First Reading June 28, 2005. As amended: Noes–Worthington; Abstain–Spring)
From: City Manager
Recommendation: Adopt second reading of Ordinance amending Berkeley Municipal Code (BMC) Sections 13.44.020, 13.44.040 and 13.44.080 to make technical corrections.
Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100
11. Minutes for Approval (PDF, 4 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of May 17, 2005 (closed), June 14, 2005 (regular), June 20, 2005 (closed), June 21, 2005 (regular), June 27, 2005 (closed), June 28, 2005 (regular), and July 1, 2005 (special).
Contact: Sara T. Cox, City Clerk, 981-6900
12. Needle Exchange (PDF, 177 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
13. Contract: Downtown Berkeley Association (PDF, 202 KB)
From: City Manager
Recommendation: Adopt a Resolution amending the contract for Business Improvement District (BID) funds with the Downtown Berkeley Association (DBA) to increase its amount by $35,000 for the period December 14, 2004 through December 15, 2005, not to exceed $295,000.
Financial Implications: Downtown Berkeley BID –$35,000.
Contact: Tom Myers, Economic Development, 981-7530
14. Formal Bid Solicitations and Requests for Proposals (PDF, 168 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: Equipment Replacement Fund – $168,000.
Contact: Fran David, Finance, 981-7300
15. Purchase Order: Printing and Mailing Services (PDF, 379 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the purchase order with Pinnacle Printing Systems by $25,000 for a total amount not to exceed $50,000 for printing and mailing services for the period of July 1, 2004 through June 30, 2005.
Financial Implications: Various funds – $25,000.
Contact: Fran David, Finance, 981-7300
16. Contract: Mental Health Services (PDF, 194 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a performance contract and any amendments with the State Department of Mental Health for the provision of mental health services in accordance with California Welfare Institutions Code Section 5650 for FY 2005.
Financial Implications: Non-compliance could result in loss of State Realignment funding.
Contact: Fred Medrano, Health and Human Services, 981-5100
17. Gas Heating Certification Compliance Schedule (PDF, 656 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040 to allow the City Manager to establish a schedule for when owners of residential dwelling units and lodging houses are required to comply with the gas heating certification program.
Financial Implications: See report.
Contact: Stephen Barton, Housing, 981-5400
18. Contract: Legal Services – Federal and State Tax Advice (PDF, 357 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hanson Bridgett Marcus Vlahos Rudy LLP in an amount not to exceed $25,000 for legal services pertaining to federal and state tax issues for the period July 1, 2005 through December 31, 2005.
Financial Implications: General Fund – $25,000.
Contact: David Hodgkins, Human Resources, 981-6800
19. Lease: Women’s Daytime Drop In Center (PDF, 2 MB)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending Ordinance No. 6,782-N.S. to ratify the 20-year lease agreement with a 10-year option to extend with the Women’s Daytime Drop In Center (WDDC) for City-owned property located at 2213 Byron Street for the purpose of providing transitional housing for homeless women and children.
Financial Implications: None.
Contact: Stephen Barton, Housing, 981-5400
20. San Francisco Urban Environmental Accords (PDF, 486 KB)
From: Mayor Bates
Recommendation: Adopt the goals set forth in the San Francisco Urban Environmental Accords signed by mayors from around the world at the United Nations World Environment Day.
Financial Implications: None.
Contact: Tom Bates, Mayor, 981-7100
21. Support of Workers’ Retirement and Workplace Rights at Doten Honda (PDF, 87 KB)
From: Councilmembers Anderson, Worthington, Spring and Moore
Recommendation: Adopt a Resolution supporting the rights of workers of Machinists Local 1546 at Doten Honda and oppose the union busting tactics being used by the new ownership.
Financial Implications: None.
Contact: Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170; Dona Spring, Council District 4, 981-7140; Darryl Moore, Councilmember District 2, 981-7120
22. Support ACA17 to Lower Voting Registration Age to 17 (PDF, 102 KB)
From: Councilmembers Capitelli and Worthington
Recommendation: Support California Assembly Constitutional Amendment (ACA) 17 allowing a person 17 years old, who will be 18 years old at the time of the next general election, to register and vote at that general election and at any intervening primary or special election that occurs after the person is eligible to register to vote.
Financial Implications: None.
Contact: Laurie Capitelli, Councilmember District 5, 981-7150 and Kriss Worthington, Councilmember District 7, 981-7170
23. City Sponsorship of Downtown Berkeley Jazz Festival (PDF, 413 KB)
From: Councilmember Spring
Recommendation: Adopt a Resolution cosponsoring the Downtown Berkeley Jazz Festival and allocating $2,500 for this purpose.
Financial Implications: $2,500.
Contact: Dona Spring, Councilmember District 4, 981-7140
24. Oppose Anti-Teacher Ballot Measure in Special Election Limitations (PDF, 25 KB)
From: Councilmember Worthington
Recommendation: Oppose anti-teacher ballot measure in special election limitations, which increases length of time required before a teacher may become a permanent employee from two complete consecutive school years to five complete consecutive school years.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
25. Oppose Anti-Union Ballot Measure in Special Election (PDF, 25 KB)
From: Councilmember Worthington
Recommendation: Oppose anti-union ballot measure in the special election, which prohibits public employee labor organizations from using dues or fees for political contributions unless the employee provides prior consent each year on a specified written form.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
26. Oppose Mid-Term Reapportionment Ballot Measure in Special Election (PDF, 25 KB)
From: Councilmember Worthington
Recommendation: Oppose MID TERM reapportionment ballot measure in special election, which amends the state Constitution’s process for redistricting California’s Senate, Assembly, Congressional and Board of Equalization districts.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
27. Support Investigation into Downing Street Memos (PDF, 686 KB)
From: Councilmember Worthington
Recommendation: Support investigation into Downing Street Memos and send letters to our U.S. Congressional Representatives and Senators.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
28. Support of Equitable Funding for AC Transit Riders (PDF, 229 KB)
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a Resolution supporting equitable funding for AC Transit riders.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130
From: Councilmembers Worthington and Moore
Recommendation: Support California Assembly Concurrent Resolution (ACR) 11 encouraging Public Employees’ Retirement System (PERS) and California State Teachers’ Retirement System’s companies to divest from Sudan.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Darryl Moore, Councilmember District 2, 981-7120
30. Support AB 1623: Vehicle Registration Fee for Congestion Management
a. From: Public Works Commission (PDF, 324 KB)
Recommendation: Support pending state legislation, AB 1623 (Klehs), that would authorize the imposition of a $5.00 annual vehicle registration fee in Alameda County to fund transportation congestion relief and environmental mitigation measures, including storm water runoff, related to motor vehicle use.
Financial Implications: Revenue for Alameda County – $5,000,000; Unknown benefits to Berkeley.
Contact: Jeffrey Egeberg, Secretary, 981-6406
b. From: City Manager (PDF, 82 KB)
Recommendation: The City Manager concurs with the content and recommendations of the report.
Contact: Rene Cardinaux, Public Works, 981-6300
Action Calendar – Public Hearing – Fees
31. Administrative Fees: Inclusionary Housing Program (PDF, 437 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 authorizing the City Council to set fees by Resolution; and 2) adopt a Resolution to be effective upon the effective date of the Ordinance, approving the Inclusionary Housing Program administrative fees specified in the Resolution.
Financial Implications: See report.
Contact: Stephen Barton, Housing, 981-5400.
32. Rental Housing Safety Program Fees
a. Information Report From: City Manager (PDF, 2 MB)
Contact: Stephen Barton, Housing, 981-5400
b. From: City Manager (PDF, 530 KB)
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a late payment fee and an administrative lien fee that will be charged to residential property owners who are delinquent in paying existing Rental Housing Safety Program (RHSP) fees.
Financial Implications: See report.
Contact: Stephen Barton, Housing, 981-5400
Action Calendar – Public Hearing
33. Assessment: North Shattuck Business Improvement District (PDF, 506 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:
1) confirming the Annual Report of the North Shattuck Business Improvement
District for FY 2005; and 2) levying assessments in the District for FY 2006.
Financial Implications: North Shattuck BID revenue – $164,000.
Contact: Tom Myers, Economic Development, 981-7530
34. Assessment: Telegraph Property and Business Improvement District (PDF, 425 KB)
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution:
1) confirming the Annual Report on the Telegraph Property and Business
Improvement District for FY 2005; and 2) levying assessments in the District
for FY 2006.
Financial Implications: None.
Contact: Tom Myers, Economic Development, 981-7530
35. Assessment: Elmwood Theater Business Improvement Area
a. From: Elmwood Theater Business Improvement Area (PDF, 456 KB)
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:
1) confirming the Annual Assessment Report for the Elmwood Theater Business
Improvement Area for FY 2005; and 2) levying assessments in the Area for FY
2006.
Financial Implications: General Fund revenue – $18,745
Contact: David Fogarty, Secretary, 981-7534
b. From: City Manager (PDF, 54 KB)
Recommendation: The City Manager concurs with the content and recommendations of the report.
Contact: Tom Myers, Economic Development, 981-7530
36. Revised Landmarks Preservation Ordinance (PDF, 14 MB)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of one of two ordinances, or a variant thereof, as recommended by either the Planning Commission or Landmarks Preservation Commission to repeal and reenact BMC Chapter 3.24 (Landmarks Preservation), amend BMC sections 23.B24.030, 23B.32.050 and 23C.08.050 and repeal Chapter 19.20; or, alternatively, provide direction to staff to prepare an alternative ordinance to bring back to Council.
Financial Implications: Staff time.
Contact: Dan Marks, Planning, 981-7400
Action Calendar – Old Business
37. Side Letters of Agreement with SEIU Local 790, SEIU Local 535, IBEW Local 1245 and Amendment to the Unrepresented Employee Manual and Save Pay
a. From: City Manager (PDF, 2 MB) (July 12, 2005)
Recommendation: Adopt three Resolutions to authorize the City Manager to: 1) execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Locals 790 and 535, including the Part-Time Recreation Leaders Association (PTRLA)/SEIU Local 535; 2) execute and implement a Side Letter of Agreement with the International Brotherhood of Electrical Workers (IBEW) Local 1245; and 3) amend Articles 3.05 and 3.06 of the Unrepresented Employees Manual, to provide that the City will not be required to cash out accrued vacation leave in excess of 320 hours, that employees will be required to reduce their accrued vacation leave balances to no more than 320 hours by the last pay period in February in 2006, 2007 and 2008, and that the City will not buy back up to four weeks of vacation in 2006, 2007 and 2008; and authorize a one-year “Save Pay” practice whereby employees subject to demotion or flexibly placed in a lower-paid position due to employee layoffs and resultant bumping, will maintain their current salary for one-year and not have a loss of salary upon ratification of union side-letter agreements regarding cost savings measures. All SEIU unions and IBEW have ratified the Side Letters of Agreement.
Financial Implications: See report.
Contact: David Hodgkins, Human Resources, 981-6800
b. From: City Manager (PDF, 4 KB) (Held over from June 28, 2005 – Report Not Received)
Recommendation: Adopt Resolution 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.
Information Reports
From: City Manager
Contact: Dan Marks, Planning, 981-7400
39. Reuse of Plastic Packaging Materials (PDF, 388 KB) (CF 08-05)
From: Solid Waste Management Commission
Contact: Tania Levy, Secretary, 981-6368
40. Workplace Bullying (PDF, 226 KB)
From: Commission on Labor
Contact: Delfina M. Geiken, Secretary, 981-7551
41. Drayage: Disposition of Fines (PDF, 290 KB) (To be delivered)
From: City Manager
Contact: Michael Caplan, City Manager, 981-7000
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.
Tenancies in Common
1. Marty Mashlakian and Robin Sebourn
Development Impact Fees
2. Barbara Gilbert
Brower Center Development
3. Richard Duane
Trash Dumped on Sidewalk by 2730 College Avenue Residents
4. Anne Whyte
2701 Shattuck Avenue
5. June Abbot
6. Derby/Walker/Ward Street Neighbors
Supporting ACA 17 , Constitutional Amendment to Lower Voting Registration Age to 17
7. Sherry Smith, President, League of Women Voters of Berkeley, Albany, and Emeryville
Dog Maulings
8. Barbara Gilbert (2)
9. Tim Hansen
Green Waste Pick Up Before 7:00 a.m.
10. Anne Marselis, Secretary, Saint John’s Neighbors
University Avenue Gate, Santa Fe Right of Way
11. Elania Nanopoulos
U.S. Department of Peace
12. Peggy Mendelson
13. Eva Fuchs
Rent Control “Bright-Line” Cale Law
14. Anne Whyte
Congregation Beth El Parking
15. Kate Farnady
16. Wendy Cosin, Deputy Planning Director (2)
17. Mary Ciddio
18. Ruth L. Jennings
November 2005 Special Election
19. Governor Arnold Schwarzenegger
SB 60, The California Real ID Act
20. Senator Gil Cedillo
CNA Newsletter Crime Statistics
21. Barbara Gilbert
22. Laura Menard
Landmarks Preservation Ordinance Proposed Revisions
23. Commission Recommendation, submitted by Landmarks Preservation Commission
24. Alan Tobey, Sharon Hudson, John English and John McBride
Recycling
25. Joanne McKray
School Name changes
26. Barbara Gilbert
Halcyon Court Traffic Calming Devices
27. Nancy Carleton, on behalf of Halcyon Neighborhood Association
San Francisco Urban Environmental Accords
28. David Early, Chairman of the Board, Livable Berkeley
BUSD’s Plan for Former West Campus/Adult School Site
29. Carole Schemmerling and Jennifer Mary Pearson, co-facilitators, Friends of Strawberry Creek Watershed
Adjournment