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.
Amendments to Berkeley Municipal Code Regarding the Auditor's
Office (First
Reading March 7, 2006 – Unanimous)
From: Auditor
Recommendation: Adopt second reading of an
Ordinance repealing Berkeley Municipal Code Chapter 2.24 and reenacting a new
Chapter 2.24 to implement the Charter duties and authority of the City Auditor
relating to audit activities, administration, and oversight.
Financial Implications: See report
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
2.
Precautionary
Principle Ordinance (CF 36-04) (First Reading March 7, 2006 –
Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance adding Berkeley Municipal Code
Chapter 12.29, “Precautionary Principle”.
Financial Implications: See report
Contact:
Stephen Barton, Housing, 981-5400
3.
Downtown Area Pay-and-Display Stations Meter Time Limit
Increase (First
Reading March 7, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code
Title 14, Vehicles and Traffic, by amending Section 14.40.040, and adding
Sections 14.40.035, “Ninety-Minute Parking” time limit, and 14.40.045,
"Long Term Parking". The first locations to which the ninety-minute
parking time limit will apply will be in the Downtown Area, at the locations of
the Phase 1 Pay-and-display stations.
Financial Implications: Parking Meter Fund - $3000
Contact: Claudette R. Ford,
Public Works, 981-6300
4.
Minutes for Approval
From: City Manager
Recommendation: Approve
the minutes for the Council meeting of February 21, 2006 (regular).
Financial Implications: None
Contact: Sara T. Cox, City
Clerk, 981-6900
5.
Juan Carlos Alvarez v. City of Berkeley Settlement
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County
Superior Court Action No. RG 04 178764 entitled Juan Carlos Alvarez v. City of
Berkeley in the amount of $130,000.
Financial Implications: Public Liability Fund - $130,000
Contact: Manuela
Albuquerque, City Attorney, 981-6950
6.
Annual Investment Report, Revisions to Investment Policies and
Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution accepting the Annual Investment Report, and renewing
the delegation of authority to make investments to the Director of Finance.
Financial Implications: None.
Contact: Fran David,
Finance, 981-7300
7.
Formal Bid Solicitations and Request for Proposals
From: City Manager
Recommendation: Approve the attached request for proposals that will be, or is planned to
be, issued upon final approval by the requesting department for division.
Financial Implications: Varioius Funds - $1,280,000
Contact: Fran David,
Finance, 981-7300
8.
Contract: HIV Prevention and Education Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with the Women's Daytime Drop-in Center for HIV prevention and
education services for the period January 1, 2006 to June 30, 2006 in an amount
not to exceed $28,000.
Financial Implications: State Office of AIDS Grant Augmentation - $28,000;
No matching funds required
Contact: Fred Medrano,
Health and Human Services, 981-5100
9.
Amendment to Inclusionary Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the Berkeley Inclusionary
Housing Ordinance (Berkeley Municipal Code (BMC) Chapter 23C.12) reinstating
the 2004 amendments to BMC Sections 23C.12.070 and 23C.12.090. These amendments
expired on February 19, 2006.
Financial Implications: None
Contact: Stephen Barton, Housing, 981-5400
10.
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
to increase the contract amount by $25,000 for a total amount not to exceed
$90,000.
Financial Implications: Housing Program Budget - $25,000
Contact: Stephen Barton,
Housing, 981-5400
11.
Contract: Legal Advisory Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with Goldfarb and Lipman LLP for legal advisory services,
increasing the contract amount by $50,000 for a new contract amount not to
exceed $119,950.
Financial Implications: General Fund - $50,000
Contact: Stephen Barton,
Housing, 981-5400
12.
Exclusive Negotiating Rights Agreement for the Development of
the Oxford Lot
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an
Exclusive Negotiating Rights Agreement with Oxford Street Development, LLC for
the development of the Oxford Lot for the period ending June 30, 2006.
Financial Implications: See report
Contact: Stephen Barton,
Housing, 981-5400
13.
Fund Allocation:
Emergency Shelter Grant Funds to Berkeley Food and Housing Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to allocate $24,797 in
unused Emergency Shelter Grant funds to the Berkeley Food and Housing Project
for: 1) office space expansion at the Trinity United Methodist Church, 2)
improvement of bathrooms at the Men's Shelter on 1931 Center Street, and 3)
installation of a kitchen exhaust fan at the Independent House at 2140 Dwight
Way, with the contingency that BHFP complete all these activities before July
1, 2006.
Financial Implications: Emergency Shelter Grant Funds - $24,797
Contact: Stephen Barton, Housing, 981-5400
14.
Installation of Small Wind Turbine at Shorebird Nature Center
Park
From: City Manager
Recommendation: Adopt
a Resolution approving installation of a 1.8 kW wind turbine at Shorebird
Nature Center Park to provide electricity, subject to the issuance of
applicable permits.
Financial Implications: General Fund - $12,000
Contact: Stephen Barton, Housing,
981-5400
15.
Side Letter of Agreement: Deputy Fire Marshal
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to execute and implement a Side
Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local
1227 to modify Section 10.10 of the Memorandum Agreement to provide that an
employee appointed into the classification of Deputy Fire Marshal has six
months from beginning employment to obtain the required certification as an
Emergency Medical Technician.
Financial Implications: None
Contact: David W. Hodgkins,
Human Resources, 981-6800
16.
Contract: Hazardous Materials Emergency Planning
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Risk Management Professionals for a response capability
evaluation and needs assessment of the City’s HazMat Emergency Preparedness for
the period April 1, 2006 to September 30, 2006 for an amount not to exceed
$42,000.
Financial Implications: General Fund - $42,000 (To be reimbursed by Grant
funding)
Contact: Dan Marks, Planning
and Development, 981-7400
17.
Contract: Plan Checking
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with Linhart Peterson Powers Associates for plan checking and
related services to increase the contract amount by $120,000 for a total amount
not to exceed $360,000.
Financial Implications: Permit Service Fund - $120,000
Contact: Dan Marks, Planning
and Development, 981-7500
18.
Budget Referral: Homeless Youth Funding
(PDF, 124 KB)
From: Mayor Bates
Recommendation: Direct the City Manager to: 1) keep the Youth Emergency Assistance Hostel
open through May 2006 if appropriate one-time funding is available in the City
budget; 2) develop options for expanding homeless youth services; and 3) refer
any potential additional funding for homeless youth services to the budget
process for FY 2007.
Financial Implications: $32,000
Contact: Tom Bates, Mayor, 981-7100
19.
Funding for Warm Water Pool
(PDF, 58 KB)
From: Councilmember Spring
Recommendation: Request the City Manager to write a letter to the BUSD School Board
requesting the inclusion of $2 million in their November 2006 parcel tax ballot
measure for the construction of the South Berkeley High School Warm Water Pool
at the District's preferred site on the BHS tennis courts; and request that
this request letter also be forwarded to the BUSD parcel tax committee.
Financial Implications: None
Contact: Dona Spring, Councilmember District 4, 981-7140
20.
Phase-Out of Tritium Exit Signs
a. From:
Community Environmental Advisory Commission (PDF, 96 KB)
Recommendation: Adopt a Resolution requiring the City Manager to institute the following
policy: 1) No new tritium signs to be purchased or installed in new City owned
and leased buildings; 2) the City must provide an inventory of all tritium exit
signs in City-owned and leased buildings within six months; and 3) the City
should provide facilities maintenance staff and subcontractors the training to
recognize such signs and properly remove and legally dispose of them at the end
of their useful life or when broken.
Financial Implications: None
Contact: Nabil Al-Hadithy,
Secretary, 981-7461
b. From:
City Manager
Recommendation: The City Manager concurs with the commission.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action
Calendar – Old Business
21.
June Ballot Measure:
Clarify Instant Run-Off (IRV) policy and Allow Alameda County to Run an IRV
Election in Berkeley in November 2006 (Held over from March 7,
2006)
a. From:
City Manager
Recommendation: Oral update from staff.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
b. From:
Councilmember Worthington
Recommendation: Request the City Manager to prepare ballot title and designation for a
June ballot measure that clarifies the intent of Measure I, and addresses
possible technical objections to implementation of IRV in November 2006.
Financial Implications: Minimal cost of $9,000 to place it on the June
primary ballot; but also possibly saving the cost of conducting one or more
run-off elections in November.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
c. From:
Councilmember Wozniak
Recommendation: Require that the specific Instant Runoff or Ranked Choice Voting system
chosen for any upcoming Berkeley and Alameda County election satisfy the
following conditions: 1) treat all voters the same; 2) count all votes; and 3)
ensure that each voter has a vote in all rounds, including the final round.
Financial Implications: None.
Contact: Gordon Wozniak,
Councilmember District 8, 981-7180
22.
Renaming Sather Gate
Garage “Telegraph Area Garage” (Held over from March 7, 2006)
From: City Manager
Recommendation:
Adopt a Resolution renaming the Sather Gate Garage, “Telegraph Area
Garage.”
Financial Implications: Off Street Parking Fund - $2,000
Contact: Claudette R. Ford,
Public Works, 981-6300
23.
Support Proposition 82, Public Preschool Education (Held over from March 7,
2006)
From: Councilmember Worthington
Recommendation: Support Proposition 82, a
ballot initiative on the June 6, 2006 Primary Election ballot, which would
establish a right to voluntary public preschool education for four-year-old
children funded by a 1.7% tax on individuals earning above $400,000 and couples
earning above $800,000.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
24.
Establish Sewer
Lateral Certificate Fees, Effective July 1, 2006 (Held
over from March 7, 2006)
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution establishing a sewer lateral
certificate fee pursuant to Berkeley Municipal Code Chapter 17.24, Abatement of
Nonconforming/Substandard Sanitary Sewer Laterals on Private Property,
effective July 1, 2006.
Financial Implications: $277,400 - Annual increased revenue
Contact: Claudette R. Ford,
Public Works, 981-6300
25.
Abatement of
Nonconforming/Substandard Sanitary Sewer Laterals on Private Property (Held
over from March 7, 2006)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance to add Berkeley Municipal Code (BMC) Chapter 17.24, Abatement of
Nonconforming/Substandard Sanitary Sewer Laterals on Private Property.
Financial Implications: Program Cost - $277,400 (covered by fees generated
by Ordinance)
Contact: Claudette R. Ford, Public Works, 981-6300
