Regular Meeting eAgenda
March 21
, 2006

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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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 (PDF, 28 KB) (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 (PDF, 16 KB) (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 (PDF, 14 KB) (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 (PDF, 280 KB)

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 (PDF, 138 KB)

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 (PDF, 172 KB)

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 (PDF, 179 KB)

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 (PDF, 97 KB)

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.      Contract: Financial Consulting Services (PDF, 141 KB)

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 for an effective date ending on March 31, 2007.

Financial Implications: Housing Program Budget - $25,000

Contact: Stephen Barton, Housing, 981-5400

10.  Contract: Legal Advisory Services (PDF, 134 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb & Lipman LLP for legal advisory services, increasing the contract amount by $50,000 for a new contract amount not to exceed $119,950 and expiring when services are no longer required by the City.

Financial Implications: General Fund - $50,000

Contact: Stephen Barton, Housing, 981-5400

11.  Exclusive Negotiating Rights Agreement for the Development of the Oxford Lot (PDF, 6 MB)

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

12.  Fund Allocation: Emergency Shelter Grant Funds to Berkeley Food and Housing Project (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with the Berkeley Food and Housing Project (BFHP) to include $24,797 in unused Emergency Shelter Grant Funds (ESG) funds for:  1) office space expansion at the Trinity United Methodist Church; 2) improvement of the staff bathroom at the Men’s Shelter on 1931 Center Street; and, 3) installation of a kitchen exhaust fan at the Independent House on 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

13.  Installation of Small Wind Turbine at Shorebird Nature Center Park (PDF, 1 MB)

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 in consultation with the Sierra Club.

Financial Implications: General Fund - $12,000

Contact: Stephen Barton, Housing, 981-5400

14.  Side Letter of Agreement: Deputy Fire Marshal (PDF, 204 KB)

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 to 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

15.  Contract: Hazardous Materials Emergency Planning (PDF, 140 KB)

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

16.  Contract: Plan Checking (PDF, 167 KB)

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

17.  Oxford Development Project (PDF, 2 MB) (To be delivered)

From: City Manager

Recommendation: Adopt a Resolution making the finding that the development of the Oxford Plaza affordable housing project is of benefit to the West Berkeley Redevelopment Project Area. 

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

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 by re-directing one-time real estate transfer tax funds; 2) direct the City Manager to develop options for expanding homeless youth services; and 3) refer any potential additional funding for homeless youth services to the budget process for FY2007.

Financial Implications: Up to $32,000

Contact: Tom Bates, Mayor, 981-7100

19.  Presentation: Vista Community College Name Change to Berkeley City College (PDF, 119 KB)
From: Mayor Bates

Recommendation:  Schedule time at the April 18, 2006 City Council meeting for a presentation from Vista Community College on their upcoming name change and an update on their new campus.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

20.  Maudelle Shirek Celebration Expenses (PDF, 563 KB)

From: Councilmember Anderson

Recommendation: Adopt a Resolution to pay the outstanding expenses incurred by the celebration for former Councilmember Maudelle Shirek with payment not to exceed $5,000.

Financial Implications: Special Events Budget - $5,000.

Contact: Max Anderson, Councilmember District 3, 981-7130

21.  Proclamation Honoring 40th Anniversary of the Meiklejohn Civil Liberties Institute (PDF, 63 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring the Meiklejohn Civil Liberties Institute Day in Berkeley, on April 15, 2006.

Financial Implications: None

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

22.  Phase-Out of Tritium Exit Signs

a.      From: Community Environmental Advisory Commission (PDF, 92 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: See report

Contact: Nabil Al-Hadithy, Secretary, 981-7461

b.      From: City Manager (PDF, 97 KB)

Recommendation: The City Manager concurs with the CEAC recommendation to have a Resolution adopted requiring the City Manager to develop an effective replacement strategy and budget information for the signs and 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: See report

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

Action Calendar – Old Business

23.  Renaming Sather Gate Garage “Telegraph Area Garage” (PDF, 154 KB) (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

24.  Support Proposition 82, Public Preschool Education (PDF, 285 KB) (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

Action Calendar – New Business

25.  Funding for Warm Water Pool (PDF, 71 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

Information Reports

26.  Summary of Activities for 2005 and Work Plan for 2006 (PDF, 143 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 (PDF, 3 MB)

From: City Manager

Contact: Frances David, Finance, 981-7300

28.  Update: Implementation of FUND$ Change Management Audit Recommendations (PDF, 231KB) (CF 27-05)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

29.  Update: Implementation of Information Systems General Controls Audit Recommendations (PDF, 287 KB)

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

30.  Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon (PDF, 404 KB)

From: City Manager

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

31.  Alta Bates Construction Project (PDF, 290 KB) (To be delivered)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

 

Communications (PDF, 4 KB)

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.

Berkeley Iceland

1.      Barbara Gilbert

Recycling

2.      Anne Whyte, Saint John’s Neighbors

Radio Frequency Identification Devices

3.      Lauren Van Ham

4.      Peter Teichner

Creeks

5.      Susan Schwartz, Friends of Five Creeks

6.      Judith Reich

Pollution at John Muir Elementary

7.      Mercedez A. Gonzalez

Cal Memorial Stadium

8.      Ernest Sotelo

Landmarks Preservation Ordinance

9.      Carl Friberg

Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon

10.  Samantha Murray, Golden Gate Audubon

Tutoring

11.  Peter Hubbard

Commission on Aging

12.  Helen Rippier Wheeler

 

Adjournment