Agenda Committee Item #6
Council Draft Agenda - March 21, 2006

printer friendly pdf

Printer-friendly PDF* draft agenda: (158 KB)

 

 

Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 

Note: 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 21, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
 

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.

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.      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

Information Reports

26.  Summary of Activities for 2005 and Work Plan for 2006 (PDF, 162 KB)

From: Fair Campaign Practices Commission

Contact: Manuela Albuquerque, City Attorney, 981-6950

27.  Investment Report: Quarters Ended September 30, 2005 and December 31, 2005

From: City Manager

Contact: Frances David, Finance, 981-7300

28.  Update: Implementation of FUND$ Change Management Audit Recommendations (CF 27-05)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

29.  Update: Implementation of Information Systems General Controls Audit Recommendations

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

30.  Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon

From: City Manager

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

31.  Alta Bates Construction Project

From: City Manager

Contact: Dan Marks, Planning, 981-7400

 

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

None.

 

Adjournment