Agenda Committee Item #5
Council Draft Agenda - June 28, 2005

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DRAFT 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.     Needle Exchange

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

2.     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

3.     South Berkeley Revolving Loan Fund Certification

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

4.     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 – $178,000.

Contact: Fran David, Finance, 981-7300

5.     Contract: Banking Services

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 $1630,000.

Financial Implications: General Fund – $53,000.

Contact: Fran David, Finance, 981-7300

6.     Contract: Sales Tax and Utility Users Tax Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with MBIA Muni Services Company 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: See report.

Contact: Fran David, Finance, 981-7300

7.     Contract: Professional Auditing Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute contract with C.G. Uhlenberg LLP, 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 of 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

8.     Contract: Consultant Services for Work Management Needs Analysis-Public Works

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Weston Solutions, Inc., for consultant services to complete a formal needs analysis for the Department of Public Works regarding work order, maintenance and asset management in an amount not to exceed $40,000.

Financial Implications: Sanitary Sewer Fund – $40,000.

Contact: Rene Cardinaux, Public Works, 981-6300

9.     Contract: Pavement Condition Survey

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

10.  Purchase Order: Five Go-4 Interceptor II Parking Enforcement Vehicles

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

11.  Downtown Berkeley BART Bikestation Expansion MOU

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 Pedestriatn) Fund – $10,000.

Contact: Peter Hillier, Transportation, 981-7010

12.  Grant: 9th Street Bicycle Boulevard Extension

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

13.  Purchase Order: Parking Meter High Security Locks

From: City Manager

Recommendation:  Adopt a Resolution approving the purchase of high security locks for parking meters from single source supplier Medeco High Security Locks in an amount not to exceed $22,500.

Financial Implications: Parking Meter Fund – $22,500.

Contact: Peter Hillier, Transportation, 981-7010

14.  Audit Coordination and Reports (PDF, 259 KB)

From: City Auditor

Recommendation: Adopt a Resolution: 1) expanding current Council direction to notify the City Auditor of audits and studies that are anticipated or being planned, in addition to completed audits and studies performed by external parties; 2) augmenting previous Council requirement that reports be provided within five working days of receipt to provide for 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

15.  Amend Moratorium on Removal of Coast Live Oaks (PDF, 224 KB)

From: Councilmembers Olds, Spring and Wozniak

Recommendation:  Amend the current Ordinance that prohibits removal of Coast Live Oak trees to include a clause that states that excessive pruning beyond what is included in the accepted standards for pruning a tree be subject to fines related to the value of the tree, to be determined by the city forester.

Financial Implications: Unknown.

Contact: Betty Olds, Councilmember District 6, 981-7160; Dona Spring, Councilmember District 4, 981-7140; Gordon Wozniak, Councilmember District 8, 981-7180

16.  Support Establishing U.S. Department of Peace (PDF, 26 KB)

From: Councilmember Worthington

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

17.  Support United Farm Workers’ Struggle for Fair Contracts with Gallo of Sonoma (PDF, 23 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution supporting United Farm Workers’ Struggle for Fair Contracts with Gallo of Sonoma.

Financial Implications: None.

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

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

a.   From: Public Works Commission (PDF, 1 MB)

Recommendation:  Adopt a Resolution adopting the update of the Five-Year Street Plan for FY 2005-2009, 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

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

Rene Cardinaux, Public Works, 981-6300

19.  Reuse of Plastic Packaging Materials (CF 08-05)

a.   From: Solid Waste Management Commission (PDF, 414 KB)

Recommendation:  Authorize the Department of Public Works, Solid Waste Management Division (SWMD) to:1) establish a program to facilitate and coordinate the transfer of soft packaging material from the citizens and business of Berkeley to willing packaging stores that would not involve city facilities; and 2) take action locally and regionally to discourage and end the use of pre-formed plastics such as polystyrene and encouraging their replacement by environmentally benign materials such as starch products and molded fiber packaging.

Financial Implications: Unknown.

Contact: Tania Levy, Secretary, 981-6368

b.   From: City Manager

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

Contact: Rene Cardinaux, Public Works, 981-6300


Action Calendar – Budget

20.  Adoption of FY 2006 Budget/FY 2007 Reduction Plan

From: City Manager

Recommendation: Adopt a Resolution adopting the FY 2006 Budget and FY 2007 Reduction Plan as contained in the City Manager’s FY 2006 Proposed Budget and as amended by the Council other implementing actions such as side letter agreements; setting tax rates; adoption of appropriation ordinance; and organization ordinance amendments.

Financial Implications: See report.

Contact: Tracy Vesely, City Manager, 981-7000

21.  Appropriations Limit for Fiscal Year 2006

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

22.  Temporary Appropriations

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

23.  Tax Rate: Disaster Fire Protection (Measure Q)

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 revenue: $952,333.

Contact: Fran David, Finance, 981-7300

24.  Tax Rate: Emergency Medical Services

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

25.  Tax Rate: Emergency Services for the Severely Disabled

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 Collection: $754,105.

Contact: Fran David, Finance, 981-7300

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

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

27.  Tax Rate: Measure S General Obligation Bonds (Election of 1996)

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 Collection: $4,100,000.

Contact: Fran David, Finance, 981-7300

28.  Tax Rate: Maintenance of Parks, City Trees and Landscaping

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 Collection: $7,646,910

Contact: Fran David, Finance, 981-7300

Action Calendar – Old Business

29.  Proclamation: Edith Kramer Day (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

30.  Street Events and Certified Farmers’ Markets Fees (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

Information Reports

31.  Status Report on Administrative Changes to Handling Community Agency Contacts (CF 167-00)  and Other Improvements

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

32.  Update: Implementation of FUND$ Change Management Audit Recommendations (CF 69-04)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

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

From: City Auditor

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

Communications

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

Agenda Item Number and Title

1.      Author


Adjournment