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
