Agenda Committee Item #5
Council Draft Agenda (Revised) - April 19, 2005

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REVISED
DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 19, 2005

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconferencing 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.      Amendment to Graffiti Ordinance (First Reading April 12, 2005)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.98.030 to add the phrase “of Berkeley” after the word “City” in the first and second sentences.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.      Amendments to Subdivision Ordinance Regarding Tenancies in Common (First Reading
April 12, 2005)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending and repealing various sections of BMC Chapter 21.28 to eliminate regulation of tenancies in common and limit fees for conversion of rental units to condominiums.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Stephen Barton, Housing, 981-5400

3.      Revisions to the Zoning Ordinance (First Reading April 12, 2005)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code (BMC) to allow teaching-related home occupations by issuance of an Administrative Use Permit.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

4.      Second Amendment to the FY 2005 Annual Appropriations Ordinance

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2005 Annual Appropriations Ordinance No. 6,834–N.S. for FY 2005 based upon recommended re-appropriation of committed FY 2004 funding and other adjustments authorized since July 1, 2004.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

5.      South Berkeley Revolving Loan Fund Administrative Plan

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

6.      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: Various Funds – $845,000.

Contact: Fran David, Finance, 981-7300

7.      Grant and Contract: Public Mental Health Workforce Development

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to: 1) the revenue agreement with the Zellerbach Family Foundation for the purpose of increasing the diversity and skill base of the public mental health workforce to accept an additional $10,000 for a total grant amount of $30,000 and to extend the term to March 31, 2006; and 2) the expenditure contract with Lippitt Consultant Services for services in support of activities related to this grant to increase the amount by $20,000 for a total contract amount not to exceed $36,000 and to extend the term to March 31, 2006.

Financial Implications: See report.

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

8.      Purchase Order: Friendly Cab

From: City Manager

Recommendation:  Adopt a Resolution authorizing an increase to Purchase Order 52,522 for Friendly Cab in an amount not to exceed $125,000 for taxicab rides provided to eligible paratransit passengers from the period of July 1, 2004 through June 30, 2005.

Financial Implications: Measure B Revenue Fund and General Fund – $125,000.

Contact: Stephen Barton, Housing, 981-5400

9.      Contract: Spruce Street Pavement Rehabilitation Project

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Spruce Street Pavement Rehabilitation Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contact and any amendments in an amount not to exceed $2,456,657 for the period of four calendar months.

Financial Implications: Capital Improvement Fund – $857,657; Federal IDTEA-STP Grant – $2,456,657.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Contract Amendment: Community Conservation Center

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to extend the Community Conservation Center (CCC) contract for two years, from July 1, 2005 through June 30, 2007 at an annual cost not to exceed $238,000.

Financial Implications: Refuse Fund – $238,000.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Contract Amendment: Ecology Center

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Ecology Center (EC) for recycling services for two years, from July 1, 2005 through June 30, 2007 at a cost not to exceed $3,457,460.

Financial Implications: Refuse Fund – $3,457,460.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Contract Amendment: Urban Ore

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to extend the Urban Ore contract for two years, from July 1, 2005 through June 30, 2007 for a total amount not to exceed $57,500.

Financial Implications: Refuse Fund – $57,500.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  The Chicago Climate Exchange (PDF, 1.5 MB)

From: Mayor Bates

Recommendation:  Direct the City Manager to examine the costs and benefits of the City of Berkeley joining the Chicago Climate Exchange and direct the Energy Commission to conduct its own review.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

14.  Specific Zoning for San Pablo Avenue (PDF, 210 KB)

From: Councilmembers Maio and Moore

Recommendation:  Request the City Manager to add specific zoning for San Pablo Avenue to the work plan projects for the Planning Department.

Financial Implications: Staff time.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

15.  Disclosure of Slavery Ties of Financial and Insurance Institutions (PDF, 213 KB)

From: Councilmembers Moore and Anderson

Recommendation:  Adopt a Resolution confirming the intent to adopt an Ordinance that would require financial entities that do business with the City to disclose any financial ties with slavery, whether investment, collateral for loans, or issuing insurance policies.

Financial Implications: Unknown.

Contact: Darryl Moore, Councilmember District 2, 981-7120 and Max Anderson, Councilmember District 3, 981-7130

16.  San Pablo Park Centennial Celebration (PDF, 104 KB)

From: Councilmember Moore

Recommendation:  Refer a request for $20,000 for the centennial celebration of San Pablo Park, to be held in the Fall 2007, to the budget process.

Financial Implications: $20,000.

Contact: Darryl Moore, Councilmember District 2, 981-7120

17.  Oppose the Privatization of Social Security (PDF, 189 KB)

From: Councilmember Worthington

Recommendation:  Send a letter to Congresswoman Barbara Lee, US Senator Dianne Feinstein, and US Senator Barbara Boxer in opposition to Bush’s privatization of Social Security.

Financial Implications: None.

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

18.  Oppose the Special Election in November (PDF, 262 KB)

From: Councilmember Worthington

Recommendation:  Oppose Governor Schwarzenegger’s plan to hold special election in November.

Financial Implications: Possible $100,000 if local initiatives are place on special election ballot.

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

19.  Support the ‘Protect Women, Protect Medicaid’ Campaign (PDF, 592 KB)

From: Councilmember Worthington

Recommendation:  Send a letter of support to the ‘Protect Women, Protect Medicaid’ Campaign coordinated through the Institute for Reproductive Health Access.

Financial Implications: None.

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

20.  Proclamation Honoring College Student Commissioners Day (PDF, 60 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring the many college students volunteering their time to serve the people of the City of Berkeley by serving on City Boards and Commissions.

Financial Implications: None.

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

21.  Restaurants and Food Service Quota (PDF, 23 KB)

From: Councilmembers Worthington and Olds

Recommendation:  Refer to the City Manager and Planning Commission the request from Northside Commercial District businesses, students and neighbors to establish restaurants and food service quota system similar to existing ones on Solano, College, and Telegraph Avenues.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Betty Olds, Councilmember District 6, 981-7160

22.  Appointment: Mental Health Commission

a.      From: Mental Health Commission (PDF, 154 KB)

Recommendation:  Adopt a Resolution re-appointing Katherine DeRaadt to the Mental Health Commission, Special Public Interest Category for a term beginning April 24, 2005 and ending April 23, 2008.

Financial Implications: None.

Contact: Harvey Turek, Secretary, 981-5213

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendations of the report.

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

23.  Proposed Reduction of Transportation Commission Meetings

a.      From: Transportation Commission (PDF, 133 KB)

Recommendation: Continue holding regular meetings of the Transportation Commission on a monthly basis, up to 10 times a year.

Financial Implications: None.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

Recommendation: Reduce the frequency of Transportation Commission meetings, as noted in the March 15, 2005 Budget Information report.

Contact: Peter Hillier, Transportation, 981-7010

Action Calendar – Budget

24.  FY 2006 & FY 2007 Budget and Work Plan Priorities

From: City Manager

Recommendation:  Adopt the FY06 and FY07 Work Plan Priorities (attached) and as presented by the following departments: Planning, Economic Development, Transportation, and Housing.

Financial Implications: None. Work Plan Projects as represented are within departmental proposed FY06 & FY07 budgets.

Contact: Phil Kamlarz, City Manager, 981-7000

25.  City Commissions - Reducing Staff Support and Frequency of Meetings as a Cost Reduction Measure

From: City Manager

Recommendation:

1.      Adopt a Resolution authorizing the City Manager to implement the following changes to City Commissions in order to reduce staff costs:

a)      start the revised meeting schedules on July 1, 2005, as outlined in Attachment 1 and eliminate special meetings; and

b)      eliminate staff support from all commission subcommittees per the Commissioners Manual; and

c)      combine the Public Works Commission with the Solid Waste Commission; and

d)      combine the Fire Safety Commission with the Disaster Commission.

2.      Adopt a Resolution amending the following resolutions to reflect the revised meeting schedules for the following Commissions:

a)      Resolution 58,997  Community Environmental Advisory Commission

b)      Resolution 58,981  Fire Safety Commission

c)      Resolution 48,457  Energy Commission

d)      Resolution 55,751  Transportation Commission

3.      Adopt a first reading of an ordinance amending the following BMC Chapters to reflect the revised meeting schedules for the following Commissions: 

a)      Ch. 3.12  Civic Arts

b)      Ch. 3.16  Commission on Aging

c)      Ch. 3.26  Parks and Recreation Commission

d)      Ch. 3.48  Commission on the Status of Women

e)      Ch. 3.62  Commission on Labor

f)        Ch. 3.66  Commission on Disability

g)      Ch. 3.66  Peace and Justice Commission

h)      Ch. 3.76  Community Health Commission

i)        Ch. 3.78  Human Welfare and Community Action Commission

j)        Ch. 4.04  Personnel Board

 

4.      Adopt a first reading of an ordinance repealing Chapter 3.60 to eliminate the Industrial Development Authority.

5.       Rescind Resolution No. 56,472 which dissolves the South Berkeley Community Improvement Plan Advisory Committee.

Financial Implications: See report.

Contact: Arrietta Chakos, City Manager, 981-7000

26.  Civic Center Park Rehabilitation Project Funding

From: City Manager

Recommendation:  Set aside one-time funding from FY 2006 General Funds in order to allow construction at Civic Center Park to begin this summer, adding: 1) $400,000 to the project to build the Civic Center Park Rehabilitation Project, including the fountain; and
2) $200,000 to operate and maintain the fountain for three years, after which this cost will be assumed by the Parks Tax.

Financial Implications: General Fund FY 2006 – $600,000.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

27.  Discussion of Funding for Community Based Organizations

From: City Manager

Contact: Stephen Barton, Housing, 981-5400


Action Calendar – Old Business

28.  Amend Environmental Procedures (Held over from March 15, 2005 by Councilmember Spring)

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

Information Reports

29.  Accounts Payable Audit – Status Report (CF 57-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

30.  Treasury Cash Receipts/Cash Handling Audit (CF 58-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

31.  Special Events Funding - FY 2006

From: City Manager

Financial Implications: See report.

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

32.  Rule 20Autility Undergrounding Districts Update

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

33.  Street Litter Impacting City Storm Water System (PDF, 260 KB)

From: Public Works Commission

Contact: Jeffrey L. Egeberg, Secretary, 981-6406


Communications

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

Biodiesel

1.      Martin Bourque, Executive Director, and Bob Stern, Board President, Ecology Center

Police Department Budget

2.      Jason Meggs

3.      Barbara Gilbert

Budget/Labor Issues

4.      Barbara Gilbert

City Budget

5.      Barbara Gilbert, Berkeleyans Against Soaring Taxation (BASTA)

Housing Vacancy Survey

6.      Roslyn Fuerman

Patterns of Conduct by City Employees

7.      Anne Marselis

Former Assemblymember Dio Aroner

8.      Barbara Gilbert

Residential Handicap “Blue” Zone

9.      Susan von Knopka


Adjournment