Agenda Committee Item #4
Council Draft Agenda - September 13, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 13, 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.

1.      Oath of Office

2.      Pledge of Allegiance to the Flag

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 – Recess Items

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.      Landfill Surcharge Fee Payments On Solid Waste

From: City Manager

Recommendation: Adopt a Resolution ratifying action taken by the City Manager during recess approving payment of $88,198 in landfill surcharge fees for solid waste shipped out of the County from October 2004 through June 2005.

Financial Implications: Refuse Fund - $88,198

Contact: Claudette Ford, Public Works, 981-6300


Consent Calendar

2.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of July 11, 2005 (closed), July 12, 2005 (regular), July 19, 2005 (regular), and July 25, 2005 (special).

Financial Implications: None

Contact: Sara T. Cox, City Clerk, 981-6900

3.      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

4.      Margery Becker v. City of Berkeley

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04 178015 entitled Margery Becker v. City of Berkeley in the amount of $35,000.

Financial Implications: Public Liability Fund - $35,000

Contact: Manuela Albuquerque, City Attorney, 981-6950

5.      Donation to Animal Shelter

From: City Manager

Recommendation: Adopt a Resolution approving a $5,000 donation to the Animal Shelter from Reverend Walter Kilburn and Melba Kilburn in memory of their son Philip Kilburn.

Financial Implications: Animal Shelter Fund - $5,000 Revenue

Contact: Jim Hynes, City Manager, 981-7000

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 upon final approval by the requesting department or division.

Financial Implications: Various Funds - $1,906,626

Contact: Fran David, Finance, 981-7300

7.      Agreement: Low-Income Energy Revenues

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Petroleum Violation Escrow Account Weatherization Program (PVEA/WX) to receive revenues and provide weatherization to eligible Berkeley, Albany, and Emeryville residents in the amount of $16,256 for the period August 1, 2005 to December 31, 2006; 2) approving program priority plans; and, 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: LIHEAP - Grant Revenue - $16,256

Contact: Stephen Barton, Housing, 981-5400

8.      Application For CalHome Funds

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit an application to the State of California Department of Housing and Community Development (HCD) for up to $500,000 in funding under the CalHome Owner-Occupied Rehabilitation Program; and 2) execute any resultant agreements and amendments to the Standard Agreement in order to utilize CalHome funds.

Financial Implications: Grant Revenue - $500,000

Contact: Stephen Barton, Housing, 981-5400

9.      Contract: Financial Consulting Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Seifel Consulting, Inc. for financial consulting services and increase the contract by $25,000 for a total amount not to exceed $65,000.

Financial Implications: CDBG Fund and HUD Fund - $25,000

Contact: Stephen Barton, Housing, 981-5400

10.  Participation in the Chicago Climate Exchange (CF 05-17)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Chicago Climate Exchange for participation in greenhouse as emission credits trading in an amount not to exceed $5,000 for the period September 14, 2005 to December 31, 2006.

Financial Implications: General Fund - $5,000

Contact: Stephen Barton, Housing, 981-5400

11.  Winter Voucher and Winter Shelter Programs

From: City Manager

Recommendation: Adopt a Resolution authorizing payment of: 1) $5,914 to the Berkeley Food and Housing Project for administrative costs for coordinating referrals to the Joint Winter Shelter at the Oakland Army Base, and increasing the contract amount to $547,784 for the period July 1, 2005 through June 30, 2006; and, 2) $5,086 to the Women's Daytime Drop-In Center for administrative costs for coordinating referrals for the Winter Voucher Program, increasing the contract amount to $130,615 for the period July 1, 2005 through June 30, 2006.

Financial Implications: Various Funds - $11,000

Contact: Stephen Barton, Housing, 981-5400

12.  Contract: SRIP I Disability Insurance Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance to provide third-party administrative services for Supplementary Retirement and Income Plan I (SRIP I) disability benefits from August 1,2005 to June 30, 2007 in an amount not to exceed $110,000 in the first year and approximately $70,000 in the second year of the two-year contract.

Financial Implications: Payroll Deduction Trust Fund - $180,000

Contact: David Hodgkins, Human Resources, 981-6800

13.  Reject Bids to Construct the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids and direct staff to re-scope and re-bid the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project.

Financial Implications: Various Funds - $981,000

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

14.  Contract: Design Services for Martin Luther King Jr. Civic Center Park Rehabilitation

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Amphion, Inc. to increase the scope of services and amount by $47,980 for an amount not to exceed $215,874.

Financial Implications: Measure S Funds - $47,980

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

15.  Contract: Four Parks Playground Renovations 

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications from M.I.G., Inc. for playground renovations at Cedar Rose Park, King School Park, Live Oak Park and Shorebird Park; 2) accepting the bid from P & A Construction Company; 3) authorizing the City Manager to execute a contract and any amendments with P & A Construction Company in an amount not to exceed $919,500 for the period September 13, 2005 to September 14, 2006; and 4) authorizing an additional $102,093 for contingency for a total amount not to exceed $1,021,593.

Financial Implications: Capital Improvement Funds - $1,021,593

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

16.  2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept $60,906 in Federal funds from the 2005 Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.

Financial Implications: Grant revenue - $60,906

Contact: Douglas N. Hambleton, Police, 981-5700

17.  Grant: Department of Alcoholic Beverage Control

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with the State of California to accept $80,000 in Department of Alcoholic Beverage Control (ABC) grant funding and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.

Financial Implications: Grant Revenue - $80,000

Contact: Douglas N. Hambleton, Police, 981-5700

18.  Contract: FY 2005 Traffic Circles - Phase 2

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY 2005 Traffic Circles - Phase  2; 2) rejecting all bids submitted on May 26, 2005 and re-advertising; 3) accepting the bid of Mosto Construction; and  4) authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and  specifications, in an amount not to exceed $177,600 for the period of 75 calendar days from the  Notice to Proceed.

Financial Implications: Capital Improvement Fund - $177,600

Contact: Claudette Ford, Public Works, 981-6300

19.  Contract: Public Safety Building Janitorial Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services to provide janitorial services at the Public Safety Building in an amount not to exceed $108,720 for the period September 1, 2005 to June 30, 2006; and approving options to extend the contract for two additional one-year periods in an amount not to exceed $129,464 for FY 2006-07, and $129,464 for FY 2007-08.

Financial Implications: Building Maintenance Fund - $108,720

Contact: Claudette Ford, Public Works, 981-6300

20.  Contract: Security Guard Services at 1947 Center St. and 2180 Milvia St.

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Securitas Security Services USA, Inc. for security guard services at 1947 Center Street and 2180 Milvia Street for the period November 1, 2005 to June 30, 2006 in an amount not to exceed $77,033; and approving options to extend the contract for two  one-year periods in an amount not to exceed $230,239.

Financial Implications: Various Funds - $307,272

Contact: Claudette Ford, Public Works, 981-6300

21.  Contract: Traffic Signal Installation at Hearst Avenue, Arch Street, LeConte Avenue

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for a traffic signal installation at Hearst Avenue, Arch Street, LeConte Avenue; 2) accepting the University of California’s offer to pay for half the costs of the project improvements; 3) accepting the bid of Phoenix Electric Company; and 4) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project according to approved plans and specifications, in an amount not to exceed $204,252 for the period of 97 calendar days from the date of receipt of the Notice to Proceed.

Financial Implications: Capital Improvement Fund - $204,252; partial refund (up to $102,126) from UC Berkeley

Contact: Claudette Ford, Public Works, 981-6300

22.  Final Map of Tract 7567: 1321-31 Eighth Street

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7567, a fifteen unit commercial condominium located at 1321-31 Eighth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

23.  Final Map of Tract 7591: 2209-11 Sixth Street

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7591, a six unit residential and live/work condominium consisting of four residential units and two live/work units located at 2209-11 Sixth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

24.  Proposed Amendment No. 1 to Alameda County Measure B Expenditure Plan

From: City Manager

Recommendation: Adopt a Resolution endorsing the Alameda County Transportation Authority’s (ACTA) proposed Amendment No. 1 to the 1986 Alameda County Measure B Transportation Expenditure Plan, as required by law to be approved by all fourteen ACTA member cities.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

25.  Proclamation Honoring Art Rosenfeld (PDF, 186 KB)

From: Mayor Bates

Recommendation:  Approve a proclamation honoring Art Rosenfeld, a 50-year Berkeley resident and a pioneer in the field of energy efficiency.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

26.  Support UC Sustainable Transportation Initiative (PDF, 32 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation:  Adopt a Resolution in support of the proposed sustainable transportation guidelines for the University of California system.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100 and Kriss Worthington, Councilmember District 7, 981-7170

27.  Support for Development of North Shattuck Plaza (PDF, 7 MB)

From: Councilmembers Capitelli and Spring

Recommendation:  Direct the City Manager to work with community volunteers and the North Shattuck Association, in realizing a “North Shattuck Plaza” at Shattuck Avenue and Shattuck Place, as outlined in concept and approved by Council in January 2001.

Financial Implications: Staff time.

Contact: Laurie Capitelli, Councilmember District 5, 981-7150 and Dona Spring, Councilmember District 4, 981-7140

28.  Sponsorship for BAHIA’s 30th Anniversary Celebration (PDF, 89 KB)

From: Councilmember Maio

Recommendation:  Refer to the City Manager a request to determine a funding source to enable the City to become an Amigo Sponsor of BAHIA’s 30th Anniversary Celebration.

Financial Implications: $1,000.

Contact: Linda Maio, Councilmember District 1, 981-7110

29.  Opposition to SB 1056: GMO Foods (PDF, 880 KB)

From: Councilmembers Spring and Worthington

Recommendation:  Adopt a Resolution opposing SB 1056 and request the City Manager to send letters of opposition to our elected State officials.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140 and Kriss Worthington, Councilmember District 7, 981-7170

30.  Proclamation: Indigenous Peoples Day 2005 (PDF, 321 KB)

From: Councilmembers Spring, Anderson and Moore

Recommendation:  Approve a proclamation in honor of Indigenous Peoples Day on Saturday, October 8, 2005 and present the proclamation to the Indigenous Peoples Day committee at the September 27, 2005 Council meeting.

Financial Implications: None.

Contact: Dona Spring, Councilmember District 4, 981-7140; Max Anderson, Councilmember District 3, 981-7130; Darryl Moore, Councilmember District 2, 981-7120

31.  Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Adopt the first reading of an Ordinance adding Berkeley Municipal Code (BMC) Chapter 3.80, Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions.

Financial Implications: Administrative costs

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

32.  Oppose Proposition 76 in the Special Election (PDF, 25 KB)

From: Councilmember Worthington and Mayor Bates

Recommendation: Oppose Proposition 76 in the special election, which may cut funding for schools, health care, police, and firefighters and undermines our democratic system of checks and balances by giving the governor tremendous new powers without sufficient oversight.

Financial Implications: None.

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Tom Bates, Mayor, 981-7100

33.  Support Instant Run-Off Voting (IRV) by Communicating the City of Berkeley’s Official Request to the California Secretary of State, and to Alameda County to Respect the Will of the Voters and Strive to Implement IRV for Berkeley in 2006 (PDF, 25 KB)

From: Councilmember Worthington

Recommendation:  The City of Berkeley will: 1) initiate conversations with Alameda County encouraging them to support Berkeley’s IRV election in November 2006 using a vendor capable of running such an election; 2) send a letter to the California Secretary of State requesting clarification of any legal or administrative requirements needed to be met by the City or County to facilitate implementation of IRV in Berkeley; 3) send a letter to Alameda County thanking the acting Registrar of Voters for participating in an active dialogue on how to implement IRV, and encouraging the Board of Supervisors to attempt to facilitate IRV with the current vendor or with any new vendor that may be selected; 4) begin a public review process to be prepared to take City Council action adopting an IRV implementation Ordinance that seeks to standardize rules and regulations among the Alameda County cities, and if necessary to prepare a ballot measure for June 2006 to address any Berkeley specific issues that emerge from the legal and regulatory process.

Financial Implications: None.

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

 

Action Calendar – Appeals

34.  2615 Marin Avenue - Appeal ZAB Decision Use Permit #03-10000069 (To be delivered)

a.      Council Consideration of Appeal of ZAB Approval of 2615 Marin Avenue – Project Information Clarification (September 13, 2005)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

b.      From: City Manager (July 19, 2005)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of Use Permit #03-10000069, to construct a single-family dwelling, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning and Development, 981-7400

c.       Appeal (July 19, 2005)

1.      Matthew White

2.      Kimberly Kline and Stephen Branam

3.      Daphne and Georg Kalmar

4.      Arvalea Nelson

d.      Communications (July 19, 2005)

1.      Tom Cosgrove

2.      David Richmond and Kelly Klopp Richmond

3.      Matthew White

4.      Arvalea Nelson

5.      Kimberly Kline

e.      Supplemental Communications 1 (July 19, 2005)

29.  Georg and Daphne Kalmar, Kimberly Kline and Stephen “Hopper” Branam (3)

30.  Kimberly Kline and Georg Kalmar

31.  Kimberly Kline (3)

32.  Herbert and Emilie Steiner

33.  Dave Richmond

34.  Rena Rickles

35.  Petition with 64 signatures, submitted by Kimberly Kline

 

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.


Action Calendar – Old Business

35.  Administrative Fees: Inclusionary Housing Program (Held over from July 12, 2005)

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 authorizing 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: See report.

Contact: Stephen Barton, Housing, 981-5400

36.  Workplace Bullying (PDF, 226 KB) (Held over from July 12, 2005)

From: Commission on Labor

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

37.  Drayage: Disposition of Fines  (Held over from July 12, 2005)

From: City Manager

Contact: Michael Caplan, City Manager, 981-7000

Information Reports

38.  Environmentally Responsible Paper Purchases

From: City Manager

Contact: Fran David, Finance, 981-7300

39.  Quarterly Report on Employee Safety and Workers’ Compensation

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

40.  Unrepresented Temporary Employees

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

41.  Fee Deferral - 1001 Ashby Avenue

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

42.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit - 2036 Shattuck Avenue, 2599 Telegraph Avenue (7/11/05), 1045 Ashby Avenue, 2599 Telegraph Avenue (8/8/05)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

43.  Landmarks Preservation Commission Notice of Decision: Structure of Merit Designation - 2901 Otis; Landmark Designation - 2375-77 Shattuck

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

44.  Civic Arts Grant Allocations - FY 2006 (PDF, 56 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533


Communications

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

Alta Bates

1.      Julie Gordon Shearer (2)

2.      John O’Shaughnessy

3.      Deborah LeVeen

Beth El Temple Parking and Traffic

4.      Linda Trujillo Bargmeyer

GIS and Technology Fees Survey

5.      Barbara Gilbert

Community Peace Labyrinth

6.      Nina Ham, Margie Adam, and Nancy Carleton, EBLP Steering Committee

Odors and Possible Health Risks from Pacific Steel Casting

7.      The West Berkeley Alliance for Clean Air and Safe Jobs, submitted by Janice Schroeder (3)

8.      Nabil Al-Hadithy, Planning and Development Department

Debris on Sidewalks and Streets

9.      Saint John’s Neighbors, submitted by Anne Whyte

Iceland

10.  Melissa Fitzgerald (4)

11.  Toni Carreiro

12.  Barry Boersma

13.  Ronnie M. Wagner

14.  Glaser Family

15.  Liesl Songer-Nelson

16.  Thomas Sibbet

17.  Elise Boersma

18.  Jeff Wizig

19.  Hillary Johnston

20.  Cynthia Kroll

21.  Laurie Haun

22.  Casey Brodsky

23.  Maggie Ford

ADA Sensitivity Training for Taxi Drivers

24.  Toni Gugliemi, Bay Area Checker Cab

Baldwin v. Placer County

25.  Anne Whyte

Privatizing Social Security – Response to April 19, 2005 Council Item

26.  Senator Barbara Boxer

Off-Site Inclusionary Housing

27.  Barbara Gilbert

Dog Regulation

28.  Barbara Gilbert (3)

Cowboy Mentality Among Berkeley Paramedics

29.  Jamai Ellis and Glen Kitzenberger

Housing Desperation for All Californians

30.  Barbara Gilbert

Disbanding the Peace and Justice Commission

31.  Barbara Gilbert

Shopping and Parking Concerns

32.  C. Tom Fincher

Community Development Block Grant (CDBG) Program Consolidation and Funding Reduction – Response to April 12, 2005 Council Item

33.  Senator Barbara Boxer

West Campus Pool Closure

34.  Strawberry Creek Lodge, submitted by Nancy Wogan

Downtown University Plan Committee/Task Force Representative

35.  MAAGNA, submitted by Wendy Alfsen, Corresponding Secretary

UC Berkeley Donations

36.  Barbara Gilbert


Adjournment