Agenda Committee Item #5
Council Draft Agenda (Revised) - March 15, 2005

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REVISED DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 15, 20057:00 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.

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.      Amendment of BMC Chapter Regarding Infractions and Misdemeanors (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

2.      Minutes for Approval

From: City Manager

Recommendation: Approve the 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

3.      Formal Bid Solicitations and Requests for Proposals

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

4.      Contract: Vocational Services for Mental Health Clinics

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

5.      Purchase Order: United Pharmacy

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 and, concurrent with the issuance of a Request for Proposals for psychiatric medications and pharmacy benefits management services, waive the competitive bid requirements of City Charter Section 67 pursuant to City Charter Section 67.4.

Financial Implications: See report.

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

6.      Funding to Youth Emergency Assistance Hotel-YEAH Shelter

From: City Manager

Recommendation:  Adopt a Resolution to increase funding to the Lutheran Church of the Cross Youth Emergency Assistance Hostel - YEAH Shelter from $29,514 to $39,499 for the period of July 1, 2004 through June 30 2005.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

7.      Contract: Telephone Equipment Replacement

From: City Manager

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

Financial Implications: General Fund – $50,000 per annum.

Contact: Chris Mead, Information Technology, 981-6500

8.      Grant Application: Workforce Housing Reward Program

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 thereto.

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

Contact: Dan Marks, Planning, 981-7400

9.      Parking Revenue Improvements

From: City Manager

Recommendation: Adopt a Resolution approving the Parking Improvement Plan, the addition of one Parking Enforcement Officer Supervisor position to improve enforcement operations and productivity; authorizing backfill resulting from the promotion of a new supervisor; and adding three additional Parking Enforcement Officer positions in order to increase parking revenues.

Financial Implications: General Fund – $827,000 estimated increased revenue.

Contact: Roy Meisner, Police, 981-5900

10.  Contract Amendment: Geo-technical and Field-testing Work - Kleinfelder, Inc.

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 new 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

11.  License Agreement: 2033 Center Street

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Rising Sun Energy Center for the purpose of having an office located near Berkeley High School.

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

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Sanitary Sewer Study

a.      From: Public Works Commission

Recommendation:  Request: 1) that the City Manager be asked to revisit the decision to apply a 14% Workers Compensation rate to the Sewer Fund to determine if it is equitable with respect to its share of the associated liability. This rate appears high compared to the rates applied to other City jobs which are inherently more dangerous, such as police (10%) and fire (9%); and 2: that the Public Works Commission be afforded the opportunity to continue to perform annual reviews of the program and monitor progress on overhead charges and all other aspects of the Sanitary Sewer Program.

Financial Implications: See report.

Contact: Jeff Egeberg, Secretary, 981-6406

b.      From: City Manager

Recommendation: 1) The average workers’ compensation rate charged to the Department of Public Works in FY 2006 is to be 13%; and 2) that the Public Works Commission be afforded the opportunity to continue to perform annual reviews of the program and monitor progress on overhead charges and all other aspects of the Sanitary Sewer Program.

Contact: Rene Cardinaux, Public Works, 981-6300

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

From: City Auditor

Recommendation: Request the City Manager to ensure that the recommendations in the attached report are fully implemented, and to report back no later than September 13, 2005, regarding the implementation status of each recommendation.  A date should be set for a follow-up report to Council if any recommendations remain unimplemented at the time of the September report. 

Financial Implications: See report.

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

14.  Purchase Order Audit: Select Public Works Divisions at the Corporation Yard  (PDF, 3 MB)

From: City Auditory

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

Financial Implications: See report.

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

15.  Amend Environmental Procedures (PDF, 346 KB)

From: Councilmember Spring

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

Financial Implications: None.

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

16.  Meiklejohn Civil Liberties Institute Report on U.S. Human Rights Violations since 9/11 (PDF, 25 KB)

From: Councilmember Worthington

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

Financial Implications: None.

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


Action Calendar – Budget

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

From: City Manager

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 revenue bonds 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) $30,000 set aside for technology investments for customer service improvements.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

 

Information Reports

18.  Transfer Station Cash Receipts/Cash Handling Audit - Status Report (CF 34-04)

From: City Manager

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

Communications

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

Bilingual Education and Berkeley Test Scores

1.      Barbara Gilbert

Nanotechnology

2.      Barbara Gilbert

Arts Funding Cuts

3.      Geoffrey Pond, Subterranean Shakespeare

Inter-American Day of Culture

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

Public Health Department Budget

5.      Thomas G. Kelley, Community Health Commission

Disability and Retirement Benefits

6.      Barbara Gilbert

 

Adjournment