Agenda Committee Item #5
Council Draft Agenda - July 12, 2005

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DRAFT 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 (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 (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) (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 (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 (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 (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 (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) (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 (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 (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

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

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

From: City Manager

Recommendation:  Adopt a Resolution amending the contract with the Downtown Berkeley Association (DBA) to increase its amount by $35,000.

Financial Implications: Downtown Berkeley BID –$35,000.

Contact: Tom Myers, Economic Development, 981-7530

14.  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: Equipment Replacement Fund – $168,000.

Contact: Fran David, Finance, 981-7300

15.  Purchase Order: Printing and Mailing Services

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.  Regulation of Taxicabs and Automobiles for Hire

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.52, Taxicabs and Automobiles for Hire.

Financial Implications: None.

Contact: Fran David, Finance, 981-7300

17.  Contract: Employee Assistance Plan Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Claremont Behavioral Services to provide continued services for the Employee Assistance Program through June 30, 2005 in the amount of $16,239 and extend the contract for the period July 1, 2005 through June 30, 2007 in a total amount of $345,960; and rescinding Resolution No. 61,816–N.S.

Financial Implications: Fringe Benefits – $16,239 through June 2005; $345,960 July 2005 through June, 2007.

Contact: David Hodgkins, Human Resources, 981-6800

18.  Side Letters of Agreement with SEIU Local 790, SEIU Local 535, IBEW Local 1245 and Amendment to the Unrepresented Employee Manual

From: City Manager

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.

Financial Implications: See report.

Contact: David Hodgkins, Human Resources, 981-6805

19.  Contract: Mental Health Services

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

20.  Gas Heating Certification Compliance Schedule

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: Increased revenue.

Contact: Stephen Barton, Housing, 981-5400

21.  Contract: Legal Services – Federal and State Tax Advice

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

22.  Lease: Women’s Daytime Drop In Center

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

23.  Purchase Order: Notebook, Desktop, and Server Computers

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Dell Inc. for notebook, desktop and server computers in an amount not to exceed $700,000 per year, and to sign a letter of participation in the Western States Contracting Alliance.

Financial Implications: Computer Replacement Fund – $700,000.

Contact: Chris Mead, Information Technology, 981-6500

24.  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: $40,000.

Contact: Rene Cardinaux, Public Works, 981-6300

25.  Purchase Order: Long Haul Tractors and Refuse Trailers

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Western Truck Center of Sacramento, California in an amount not to exceed $656,600 for four long haul tractors and five refuse trailers for the Solid Waste Management Division of the Public Works Department in FY 2006.

Financial Implications: Equipment Replacement Fund – $656,600.

Contact: Rene Cardinaux, Public Works, 981-6300

26.  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

27.  Support of Workers’ Retirement and Workplace Rights at Doten Honda (PDF, 16 KB)

From: Councilmembers Anderson, Worthington and Spring

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

28.  Support ACA17 to Lower Voting Registration Age to 17

a.      From: Councilmember Capitelli (PDF, 36 KB)

Recommendation: Write a letter to the Legislature in support of ACA 17, a bill before the State Assembly regarding lowering the voting registration age to 17.

Financial Implications: None.

Contact: Laurie Capitelli, Councilmember District 5, 981-7150

b.   From: Councilmember Worthington (PDF, 146 KB)

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: Kriss Worthington, Councilmember District 7, 981-7170

29.  City Sponsorship of Downtown Berkeley Jazz Festival (PDF, 413 KB)

From: Dona 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

30.  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

31.  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

32.  Oppose Mid-Term Reapportionment Ballot Measure in Special Election (PDF, 26 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

33.  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

34.  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: Contact: Kriss Worthington, Councilmember District 7, 981-7170; Max Anderson, Councilmember District 3, 981-7130

35.  Support ACR 11 Encouraging PERS and California State Teachers’ Retirement System’s Companies to Divest from Sudan (PDF, 219 KB)

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; Councilmember District 2, 981-7120

36.  Amend Moratorium on Removal of Coast Live Oaks (PDF, 304 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

37.  Support AB 1623: Vehicle Registration Fee for Congestion Management

a.   From: Public Works Commission (PDF, 323 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 – $5,00,000; Unknown benefits to Berkeley.

Contact: Jeffrey Egeberg, Secretary, 981-6406

b.   From: City Manager

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

38.  Administrative Fees: Inclusionary Housing Program

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 which authorizes 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: Inclusionary Housing Program projected revenue - $22,000.

Contact: Stephen Barton, Housing, 981-5400.

39.  Rental Housing Safety Program Fees

From: City Manager

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

40.  Assessment: North Shattuck Business Improvement District

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 – $284,967.

Contact: Tom Myers, Economic Development, 981-7530

41.  Assessment: Telegraph Property and Business Improvement District

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

42.  Assessment: Elmwood Theater Business Improvement Area

a.   From: Elmwood Theater Business Improvement Area (PDF, 541 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

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

Contact: Tom Myers, Economic Development, 981-7530

43.  Revised Landmarks Preservation Ordinance

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt the first reading of two Ordinances proposed by either the Landmarks Preservation Commission or Planning Commission, or a variant of both proposals, repealing and reenacting Berkeley Municipal Code (BMC) Chapter 3.24, Landmark Preservation, and amending BMC Sections 23B.24.030, 23B.32.050, and 23C.08.050.

Financial Implications: Staff time.

Contact: Dan Marks, Planning, 981-7400


Information Reports

44.  Rental Housing Safety Program Update

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

45.  Landmarks Preservation Commission Notice of Decision – Approval of Structural Alteration Permit: 1 Maybeck Twin Drive, 64 Shattuck Square, and 2640 College Avenue

From: City Manager

Contact: Dan Marks, Planning, 981-7400

46.  Reuse of Plastic Packaging Materials (PDF, 387 KB) (CF 08-05)

From: Solid Waste Management Commission

Contact: Tania Levy, Secretary, 981-6368

47.  Workplace Bullying (PDF, 227 KB)

From: Commission on Labor

Contact: Delfina M. Geiken, Secretary, 981-7551


Communications

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
 

Adjournment