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.
Lease: 1013 Pardee Street, No. 105 BI (First Reading December 6,
2005)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing a new one-year lease from September 1, 2005 to August 31,
2006 for an existing warehouse at 1013 Pardee Street, No. 105 (alternate
address of 2700 10th Street) that has been rented by the City on a
month-to-month basis since the original multi-year lease expired with Asia
Young Fountain Group Inc. for the storage of fire and police equipment,
emergency supplies and equipment.
Financial Implications: Bond Measure Q - $128,849
Contact:
Debra Pryor, Fire and Emergency Services, 981-3473
2.
Francesca Barsamian v. City of Berkeley
From: City Manager
Recommendation: Adopt a Resolution
approving the settlement of the Alameda County Superior Court Action No. RG
04165815 entitled Francesca Barsamian v. City of Berkeley in the amount of
$50,000.
Financial Implications: Public Liability Fund -
$50,000
Contact:
Manuela Albuquerque, City Attorney, 981-6950
3.
Revisions to Commissioners’ Manual Chapter II(B)(3),
Incompatible Public Offices Prohibited
From: City Manager
Recommendation: Adopt a Resolution
amending the City of Berkeley Commissioners' Manual (Resolution 62,418-N.S.) to
revise Chapter II(B)(3), Incompatible Offices Prohibited, to clarify language
regarding the ability to serve on two or more City boards or commissions.
Financial Implications: None
Contact:
Sara T. Cox, City Clerk, 981-6900
4.
Formal Bid Solicitations & Request for Proposals
From: City Manager
Recommendation: Approve the attached
request for proposals that will be, or are planned to be, issued upon final
approval by the requesting department or division.
Financial Implications: Various Funds - $750,000
Contact:
Fran David, Finance, 981-7300
5.
Sidewalk Vending of Arts and Crafts and Flowers
From:
City Manager
Recommendation: Adopt first reading of an
Ordinance repealing and reenacting Berkeley Municipal Code Chapter 9.48
regulating Sidewalk Vending of Arts and Crafts, and Flowers, which defines
specific flower vendor requirements, along with those for arts and crafts
vendors, and establishes sidewalk vending fees by Council Resolution; and adopt
a Resolution, concurrent with the effective date of the Ordinance, establishing
permit and identification card fees for sidewalk vending at the current rates,
which were set by Ordinance No. 6,112-N.S. on January 1, 1993.
Financial Implications: None
Contact:
Fran David, Finance, 981-7300
6.
Contract: HIV Prevention Syringe Exchange Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with the Needle Exchange Emergency Distribution for HIV
prevention syringe exchange services for the period to July 1, 2005 June 30,
2006 in an amount not to exceed $52,000.
Financial Implications: General Fund - $52,000
Contact: Fred Medrano,
Health and Human Services. 981-5100
7.
Contract: Berkeley Ecumenical Chaplaincy to the Homeless
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to amend Contract No. 6681, a contract between the
City of Berkeley and the Berkeley Ecumenical Ministries.
Financial Implications: See report.
Contact: Stephen
Barton, Housing, 981-5400
8.
Classification: Crime Analyst
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,840-N.S., Classification and Salary Resolution for
Public Employees Union Local One, to add the classification and salary range of
Crime Analyst to be effective January 1, 2006.
Financial Implications: General Fund - $58,284 for
FY 2006; $121,235 for FY 2007
Contact:
David W. Hodgkins, Human Resources, 981-6800
9.
Classification: Occupational Health and Safety Specialist
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,812-N.S., Classification and Salary Resolution for
Unit Z2 - Unrepresented Confidential and Professional Employees, to establish
an Occupational Health and Safety Specialist.
Financial Implications: Various funds
Contact: David W. Hodgkins,
Human Resources, 981-6800
10.
Health Plan Rate Increases
From: City Manager
Recommendation:
Adopt two Resolutions: 1) approving a 14.63 percent rate increase for the
Kaiser Foundation Health Maintenance Organization health plan; and 2) approving
a 12.9 percent rate increase for both the Health Net Health Maintenance
Organization health plan and Point of Service health plan for City employees
effective January 1, 2006, through December 31, 2006, and rescinding Resolution
No. 62,751-N.S. and Resolution No. 62,752-N.S.
Financial Implications: Payroll Deduction Trust Fund - $10,531,000
Contact:
David W. Hodgkins, Human Resources, 981-6805
11.
Contract: Telephone System Completion
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Nexus Inc. for the completion of the City of Berkeley's
telephone system in an amount not to exceed $455,000 for the period January 1,
2006 through to June 30,2007.
Financial Implications: General Fund and Capital
Improvement Fund - $455,000
Contact:
Chris Mead, Information Technology, 981-6500
12.
Grant: Ashby BART West Parking Lot
From: City Manager
Recommendation: Adopt a Resolution
supporting a Caltrans grant application by the South Berkeley Neighborhood
Development Corporation and the City to fund preparation of a plan for
transit-oriented development on the west parking lot of the Ashby BART Station.
Financial Implications: See report.
Contact:
Dan Marks, Planning and Development, 981-7400
13.
Contract: Architectural and Engineering Services
From: City Manager
Recommendation: Adopt a Resolution: 1)
authorizing the City Manager to execute an amendment to the contract with Baker
Vilar Architects to provide architectural and engineering services for James
Kenney Recreation Center; and 2) increasing the contract amount by $15,000 for
a total not to exceed $75,000 for the period August 1, 2002 to December 31,
2006.
Financial Implications: Building Purchases &
Management Fund - $75,000
Contact:
Claudette R. Ford, Public Works, 981-6300
14.
Contract: Continuation of the EcoPass Program
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an agreement and any related amendments
with the Alameda-Contra Costa Transit District for the continuation of an
annual transit pass (Eco Pass) program for City of Berkeley employees in an
amount not to exceed $100,000 for the period beginning January 1, 2006 and
ending December 31, 2006.
Financial Implications: Payroll Deduction Trust
Fund - $100,000
Contact:
Claudette R. Ford, Public Works, 981-6303
15.
Contract: On-Call Traffic Data Services - Speed Surveys and
Volume Counts
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract with Multitrans
Transportation Consultants, Inc., for speed surveys and volume counts in an
amount not to exceed $50,000 for the period January 1, 2006 through December
31, 2007 with the option for a one-year extension.
Financial Implications: Capital Improvement Fund
and Building Purchases Fund - $50,000
Contact:
Claudette R. Ford, Public Works, 981-6303
16.
Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Wildcat Canyon Road; accepting the bid of McNamara and Smallman Construction,
Inc.; and authorizing the City Manager to execute a contract and any
amendments, extensions or change orders until completion of the project in
accordance with approved plans and specifications, in an amount not to exceed
$1,071,125 from the Sewer Capital Improvement Project Fund (Fund 830) for the
period of 220 calendar days.
Financial Implications: Sewer Capital Improvement
Fund - $1,071,125
Contact:
Claudette R. Ford, Public Works, 981-6303
17.
Final Tract Map 7527: 1809 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution
approving the final map of Tract Map 7527, a thirty-two unit residential and
commercial condominium located at 1809 Shattuck Avenue.
Financial Implications: None
Contact:
Claudette R. Ford, Public Works, 981-6300
18.
Final Tract Map 7537: 1797 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution
approving the final map of Tract Map 7537, a 67-unit residential and commercial
condominium located at 1797 Shattuck Avenue.
Financial Implications: None
Contact:
Claudette R. Ford, Public Works, 981-6303
19.
License Agreements: Veterans Memorial Building
From: City Manager
Recommendation: Adopt the first reading of
seven Ordinances authorizing the City Manager to execute license agreements and
any amendments thereof with the current occupants of the Veterans Memorial
Building at 1931 Center Street: 1) Berkeley Food and Shelter Project; 2)
Berkeley Historical Society; 3) Berkeley Place; 4) Building Opportunities for
Self-Sufficiency; 5) Disabled American Veterans, Chapter 25; 6) Dorothy Day
House; and, 7) Options Recovery Services.
Financial Implications: $601 license revenue;
$111,000 operating costs referred to mid-year budget review
Contact:
Claudette R. Ford, Public Works, 981-6300 and Stephen Barton, Housing, 981-5400
20.
Purchase Order: Telephone Directory Advertising
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a purchase order with SBC Smart Yellow
Pages in an amount not to exceed $31,476 for FY 2006, to advertise the City’s
refuse collection and recycling services.
Financial Implications: Grant Funds - $9,728;
Refuse Fund - $21,748
Contact:
Claudette R. Ford, Public Works, 981-6303
21.
Budget Referral: Berkeley Guides
(PDF, 99 KB)
From: Councilmember Moore
Recommendation: Refer the one-time request
for $10,000 to be used to leverage long-term funding for Berkeley Guides to the
midyear budget process.
Financial Implications: $10,000
Contact:
Darryl Moore, Councilmember District 2, 981-7120
22.
Sale of Alcopops
(PDF, 103 KB)
From: Councilmember Spring
Recommendation: Adopt a Resolution: 1)
favoring the restriction of the alcoholic beverage being marketed to teenagers
called "alcopops" to the distilled spirits category; 2) oppose state
legislation to reduce taxation on this type of alcoholic beverage by
reclassification; 3) requesting that taxes from these products be used to fund
alcohol prevention, treatment and enforcement programs for underage drinking;
and 4) that the City Manager send a letter and the Resolution to our state
elected officials, the Department of Alcoholic Beverages and to the State Board
of Equalization.
Financial Implications: None
Contact:
Dona Spring, Councilmember District 4, 981-7140
23.
Support Berkeley Newspapers
(PDF, 13 KB)
From:
Councilmember Spring
Recommendation:
Request the City
Manager to implement a policy of advertising city events in locally produced
newspapers as widely as possible.
Financial Implications: See report
Contact: Dona
Spring, Councilmember District 4, 981-7140
24.
Immigration Relief for Hurricane Katrina Victims Act of 2005
(PDF, 201 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution urging
U.S. Senators to amend the Immigration Relief for Hurricane Katrina Victims Act
of 2005 in favor of easing eligibility rules in the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 for non-citizens seeking federal
assistance, and ease immigration policy restrictions within the areas
concerning employment and deportation.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
25.
Pledge for Racial Equality
(PDF, 174 KB)
From: Councilmember Worthington
Recommendation: Join Californians across
the state in pledging to: 1) demand our state legislators and decision makers
support policies that we believe promote racial equity, and to hold government
accountable for solutions that overcome longstanding racial disparities; 2)
uphold equity, enfranchisement and economic justice by supporting the full
participation and access to benefits and institutions for all California
residents; 3) promote a vision for our collective future based on opportunity
and advancement and to join with people to honor and protect the diverse
cultures and languages of our communities; and 4) take action to strengthen
protections against racial violence, racial profiling, and discrimination.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
26.
Support Violence Against Women Act of 2005
(PDF, 64 KB)
From: Councilmember Worthington
Recommendation: Support the National
Organization of Women (NOW) in urging the U.S. Congress to immediately convene
a conference committee to reauthorize the National Violence Against Women Act
(VAWA) of 2005 in December and join NOW in urging Congress to craft the
strongest possible VAWA from both House and Senate bills that will enable
continuation of programs and services and addresses violence in our country’s
diverse cultural, religious, ethnic, age and ability communities.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
27.
Standards for Care of Dogs Kept Outdoors
(PDF, 167 KB)
a. From:
Citizens Humane Commission
Recommendation: Adopt first reading of an
Ordinance adding Berkeley Municipal Code Section 10.04.140, specifying
requirements for minimum standards of care for owner/guardians who keep their
dogs outdoors, including specifications for shelter, water, feeding and
confinement.
Financial Implications: None
Contact:
Kate O'Conner, Secretary, 981-6601
b. From:
City Manager
Recommendation:
The City Manager
takes no
position concerning the recommendations of the Commission.
Contact:
Jim Hynes, City Manager, 981-7000
28.
Independent Commission on 2004 Coup d'Etat in the Republic of
Haiti (PDF, 506 KB)
a. From:
Peace and Justice Commission
Recommendation: Adopt a
Resolution requesting that Senators Barbara Boxer and Dianne Feinstein
introduce legislation similar to H.R. 946, to establish an Independent
Commission on the 2004 Coup d'Etat in the Republic of Haiti, in the Senate; and
supporting the amendment included in the FY 2006 Foreign Operations
Appropriations Conference Report prohibiting arms transfers and sales.
Financial Implications: None
Contact: Manuel Hector,
Secretary, 981-5110
b.
From: City Manager
Recommendation: The City Manager takes no
position concerning the recommendations of the Commission.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action
Calendar – Public Hearing
29.
Fees: Vital Records
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution approving a fee increase of $2.00 for
the issuance of each birth, death and fetal death certificate to be effective
January 1, 2006; and directing the City Manager to establish a separate,
interest-bearing trust fund for deposit of these additional fees.
Financial Implications: Revenue - $38,886
Contact: Fred Medrano, Health and Human Services, 981-5100
Action
Calendar – New Business
32.
Amending “By Right”
Residential Additions and Definition of a Story in the Zoning Ordinance
a. From:
City Manager
Recommendation: Provide direction to
staff by selecting one of the following options:
1. Refer the Councilmembers’ request to the Planning Commission
for its consideration and have staff return in January to discuss when a
revised ordinance can be recommended by the Planning Commission and whether
undertaking this project would delay other work already programmed for this
year; or
2. a. Direct staff to prepare
an Urgency Ordinance modifying the Zoning Ordinance to make any addition above
the first floor subject to discretionary review in the same manner as major
residential additions, and modify the definition of a story, and bring it to
the City Council for adoption by a 4/5 vote by December 13, 2005;
and
b. Refer the matter to
the Planning Commission for consideration by the end of the term of the urgency
ordinance, as it may be extended by the Council, but in any event no more than
two years (the maximum permitted duration of an interim ordinance).
In either
case, the Council needs to provide direction to staff regarding the geographic
area to be covered by the interim ordinance (e.g., limited to the Hill Overlay
district, or applied to all residential districts where major residential
additions are allowed) and whether a first story as-of-right addition should be
limited to the current 500 square feet or be expanded to 700 square feet; or
3. Request that this issue return as part of
Council’s consideration of the 2006-07 Planning Department Work Program.
Financial Implications: See report
Contact:
Dan Marks, Planning, 981-7400
33.
Delayed Implementation of Audit Recommendations
(PDF, 188 KB)
From: Auditor
Recommendation: Request the City Manager
take the following steps to address the causes and effects of delays in
implementing audit recommendations the City has previously agreed to implement:
1) Report back to Council regarding causes for difficulties in implementing
audit recommendations; 2) Investigate the possibility that budget-related cuts and freezes
may have impacted oversight/support functions and internal controls Citywide to
a degree of unacceptable risk; 3) include an analysis of potential
internal control impacts in future discussions of City budgets, as well as estimated costs
for resolving them; and 4) take additional steps as Council
may determine after discussion.
Financial Implications: See report
Contact: Ann-Marie Hogan, City Auditor's Office, 981-6750
34.
Berkeley Skate Park Rule Enforcement
a. From:
Parks and Recreation Commission (PDF, 136 KB)
Recommendation: Direct the City Manager to
begin a process of conciliation involving skate park users and relevant City
representatives which may include reconsideration of current City Ordinance
involving knee pads and helmets in light of current State Law.
Financial Implications: Staff time
Contact:
Virginia Aiello, Secretary, 981-5158
b. From:
City Manager (PDF, 164 KB)
Recommendation: Take no action on the
Parks & Recreation Commission's Council Report recommending that the City
Manager reconsider enforcement of the helmet/pads rule at the City's skateboard
park.
Financial Implications: Unknown
Contact: Marc Seleznow, Parks
Recreation & Waterfront, 981-6700
35.
Phase-Out of Tritium Exit Signs for the City of Berkeley
(PDF, 145 KB)
a. From:
Community Environmental Advisory Commission
Recommendation: That Council require the
City Manager to institute the following policy: no new tritium signs to be
purchased or installed in new City owned and leased buildings; the City must
provide an inventory of all tritium exit signs in City-owned and leased
buildings within six months; and, the City should provide facilities
maintenance staff and subcontractors the training to recognize and properly
remove and legally dispose of such signs.
Financial Implications: Unknown
Contact: Nabil Al-Hadithy,
Secretary, 981-7461
b. From:
City Manager
Recommendation: The City Manager concurs with the content and
recommendations of the report.
Contact: Dan Marks,
Planning, 981-7400
