BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING AGENDA

Transcription

1 BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MONDAY, JANUARY 7, :30 P.M. 6 th Floor Conference Room, 2180 Milvia Street Teleconference Location 1636 Channing Way, Berkeley, CA Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak 1. Roll Call 2. Public Comment AGENDA 3. Approval of Minutes: December 10, Review and Action of draft agendas for January 15, 2008: a. 5:30 p.m. City Council Work Session (5.a. below) b. 7:00 p.m. Regular City Council Meeting 5. Upcoming Council Items authorize amendments a. Schedule work session on Light Brown Apple Moth by the State Department of Food & Agriculture for January 15 at 5:30 p.m. b. Measure G workshop change from January 15 to January 29 c. Establish work session regarding Under-Grounding on March 25 at 5:00 p.m. d. Move quarterly crime report to January 29 regular meeting e. Move Refuse Rate & Study to regular meeting on January 29 f. Schedule Quarterly Economic Development Workshop for February 26 at 6:00 p.m. 6. Land Use Calendar (no changes) accept & file 7. Adjournment next meeting January 21, 2008 Additional items may be added to the draft agenda per Council Rules of Procedure.

2 Rules of Procedure Resolution No. 63,690-N.S., Article III, C3c - Agenda - Submission of Time Critical Items Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or council member is received by the City Clerk after established deadlines and is not included on the Agenda Committee s published agenda. The City Clerk shall bring any reports submitted as Time Critical to the meeting of the Agenda Committee. If the Agenda Committee finds the matter to meet the definition of Time Critical, the Agenda Committee may place the matter on the Agenda on either the Consent or Action Calendar. If the Agenda Committee finds that the matter does not meet the definition of Time Critical and the sponsor does not wish to hold the report for the next Council meeting, the City Clerk shall place the item on the Action Calendar under the Time Critical section. The City Clerk shall not accept any item past the adjournment of the Agenda Committee meeting for which the agenda that the item is requested to appear on has been approved. This is a meeting of the Berkeley City Council Agenda Committee. Since a quorum of the Berkeley City Council may actually be present to discuss matters with the Council Agenda Committee, this meeting is being noticed as a special meeting of the Berkeley City Council as well as a Council Agenda Committee meeting. 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 Pamyla Means, City Clerk, COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this Special meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City s website, on January 3, Pamyla Means, MMC, City Clerk Revised 1/07

3 BERKELEY CITY COUNCIL AGENDA COMMITTEE MEETING MINUTES MONDAY, DECEMBER 10, th Floor Conference Room, 2180 Milvia Street Teleconference Location 1636 Channing Way, Berkeley, CA Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak 1. Roll Call 2:31 p.m. 2. Public Comment limited to items on this agenda only M/S/C (Maio/Wozniak) approved the December 3, 2007 minutes. 4. Review and Action of draft agendas for: a. M/S/C (Wozniak/Maio) approved the December 18, :00 p.m. City Council Worksession agenda b. M/S/C (Wozniak/Maio) approved the December 18, :00 p.m. Regular City Council Meeting agenda with the following amendments: Item 7 (Oregon Street Lease0 moved to l/15/08; Items 23 (Allied Waste) and 24 (Waste Management) consolidated with Item 37 for disposal contracts; Item 29 (Food Festival) added Councilmember Maio; Item 34 (Downtown BID) moved to consent to reschedule public hearing; Item 41 (Quarterly Crime Report) removed and rescheduled as a work session; and added time critical item from Councilmember Maio regarding San Pablo fee deferral. 5. Upcoming Council Items (no changes) accept & file 6. Land Use Calendar (no changes) accept & file 7. Adjournment 2:55 p.m. Pamyla Means, MMC, City Clerk

4

5 DRAFT PROCLAMATION CALLING A SPECIAL MEETING OF THE BERKELEY CITY COUNCIL In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows: TUESDAY, JANUARY 15, :30 P.M. Council Chambers, 2134 Martin Luther King Jr. Way Teleconference Locations: 1636 Channing Way, Berkeley, CA AGENDA Roll Call Public Comment - Limited to items on this agenda only Worksession: 1. Presentation on Light Brown Apple Moth by the State Department of Food and Agriculture Adjournment I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this day of, Tom Bates, Mayor Public Notice this Proclamation serves as the official agenda for this meeting. ATTEST: Date: Pamyla Means, MMC, City Clerk Time: TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 BETTY OLDS DISTRICT 7 KRISS WORTHINGTON TUESDAY, JANUARY 15, 2008 DRAFT AGENDA Page 1

6 DISTRICT 4 DONA SPRING DISTRICT 8 GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and 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 Pamyla Means, City Clerk, 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 (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. Live captioned broadcasts of Council Meetings held in Council Chambers are available on Cable B-TV (Channel 33), via internet accessible video stream at and KPFB Radio Archived indexed video streams are available at Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m. Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda clerk@ci.berkeley.ca.us South Branch 1901 Russell COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. TUESDAY, JANUARY 15, 2008 DRAFT AGENDA Page 2

7 DRAFT AGENDA BERKELEY CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 15, :00 P.M. Council Chambers, 2134 Martin Luther King Jr. Way Teleconference Location 1636 Channing Way, Berkeley, CA TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 DONA SPRING DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 BETTY OLDS DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Pamyla Means, City Clerk, The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified. 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 on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters. Tuesday, january 15, 2008 AGENDA Page 1

8 Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item. In the event that there are more than three persons wishing to speak either in opposition to or support of a Consent item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process. Consent Calendar The Council will first determine whether to move items on the agenda for action or Information to the Consent Calendar, or move Consent Calendar items to action. Items that remain on the Consent Calendar are voted on in one motion as a group. Information items are not discussed or acted upon at the Council meeting unless they are moved to Action or Consent. After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to Action, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion. For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period. Recess Consent Items 1. Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) From: City Manager Recommendation: Ratifying the action taken by the City Manager during recess authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2008 for administering the Workers' Compensation Program, in an amount not to exceed $17, Financial Implications: Workers' Compensation Self-Insurance Fund - $17, Contact: David Hodgkins, Human Resources, Consent Calendar 2. Ordinance Establishing Operating Standards for Alcohol Outlets and Fee Options From: City Manager Recommendation: Adopt second reading of Ordinance 7,010 N.S. establishing operating standards and an inspection program for alcohol establishments. First Reading Vote: Ayes Maio, Moore, Anderson, Spring, Olds, Worthington, Wozniak, Bates; Noes None; Absent Capitelli. Financial Implications: See report Contact: Zach Cowan, Acting City Attorney, Tuesday, january 15, 2008 DRAFT AGENDA Page 2

9 Consent Calendar 3. Zoning Ordinance, General Plan, and West Berkeley Plan Amendments and Revised Mitigated Negative Declaration to Allow Automobile Sales in the Manufacturing District a. From: City Manager Recommendation: Adopt second reading of Ordinance 7013 N.S. amending Chapters 23E.72 (Manufacturing District) and 23F.10 (Definitions). First Reading Vote: Ayes Maio, Moore, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes None; Absent Anderson. Financial Implications: See report Contact: Dan Marks, Planning and Development, Adoption of Ordinance for Cable Public Access (PEG) Support From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,014 N.S adding a new chapter to the Berkeley Municipal Code ( BMC ), Chapter 9.58 entitled Video Franchise Fees, Customer Service and Other Video Related Matters to enable the City to receive an additional fee equal to one percent (1%) of the gross revenue of a video franchisee to support PEG and to establish customer service standards. First Reading Vote: Ayes Maio, Moore, Spring, Capitelli, Olds, Wozniak, Bates; Noes None; Absent Anderson, Worthington Financial Implications: None Contact: Zach Cowan, Acting City Attorney, Annual Commission Attendance Report and Meeting Frequency Schedule From: City Manager Recommendation: Accept annual attendance report and adopt a Resolution approving a revised commission meeting frequency schedule. Financial Implications: None Contact: Pamyla Means, City Clerk, and Resubmission of Medical Marijuana Ballot Measure (Measure R) from 2004 From: City Manager Recommendation: Direct the resubmission of the Patient s Access to Medical Cannabis Act (Measure R from 2004) to the voters on the November 4, 2008 General Municipal Election ballot as directed by court order, and direct the City Attorney to prepare ballot title, text and impartial analysis. Financial Implications: None Contact: Pamyla Means, City Clerk, Formal Bid Solicitation and Request for Proposals From: City Manager Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division. Financial Implications: See report Contact: Robert Hicks, Finance, Tuesday, january 15, 2008 DRAFT AGENDA Page 3

10 Consent Calendar 8. Kaiser Permanente Grant: Healthy Eating Environments From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to Kaiser Permanente for funds in the amount of $270,000 to implement activities that increase healthy eating among Berkeley residents by increasing access to healthier food choices in local corner markets and restaurants; to accept the grant and execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant. Financial Implications: See report Contact: Fred Medrano, Health and Human Services, Lease: 1645 Oregon Street From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the McGee Avenue Baptist Church for real property located at 1645 Oregon Street in an amount not to exceed $12,300, for the purpose of leasing program space for the Black Infant Health Program for the period March 1, 2008 to February 28, 2009 with an option to extend for an additional two-year period. Financial Implications: See report Contact: Fred Medrano, Health and Human Services, Classification: Vector Control Technician From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 61,805-N.S., Classification and Salary Resolution for Service Employees International Union (SEIU) Local 1021 (Legacy 535), to revise the classification of Vector Control Technician and establish a 2% Salary Differential effective December 30, 2007 for eligible employees. Financial Implications: Vector Control Fund - $3,800 Contact: David Hodgkins, Human Resources, Lease Agreement with Berkeley Waterski Club for Property in Aquatic Park From: City Manager Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Waterski Club, Inc. to use City property at 2821 West Bolivar Drive in Aquatic Park for an estimated amount of $36,400 for eight years. Financial Implications: $36,400 in revenue. Contact: William Rogers, Parks, Recreation and Waterfront, Tuesday, january 15, 2008 DRAFT AGENDA Page 4

11 Consent Calendar 12. License Agreement: Rod and Gun Club in Aquatic Park to San Francisco From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with San Francisco Institute of Architecture (SFIA) and Waterside Workshop (WW) for City property located at 90 Bolivar Drive in Aquatic Park for nine months for an amount of $100. Financial Implications: $100 in revenue. Contact: William Rogers, Parks, Recreation and Waterfront, Lease Agreement: Berkeley Rowing Club for Property in Aquatic Park From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Rowing Club, Inc. to use City property at 2851 West Bolivar Drive in Aquatic Park for an estimated amount of $36,400 for eight years. Financial Implications: $36,400 in revenue Contact: William Rogers, Parks, Recreation and Waterfront, Purchase Order: Western States Oil for Fuel for City Vehicles From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Western States Oil for fuel for City vehicles in an amount not to exceed $1,452,000 for FY 2008, with a 5% escalation for each fiscal year through FY Financial Implications: Equipment Maintenance Fund - $1,452,000 Contact: Claudette Ford, Public Works, Purchase Order: Western Truck Parts & Equipment for Refuse Trucks From: City Manager Recommendation: Adopt a Resolution accepting the County of Sacramento's bid procedures to satisfy the requirements of Berkeley's Charter Section 67, and authorizing the City Manager to execute a purchase order with Western Truck Parts and Equipment in an amount not to exceed $673,768 for three CNG fueled rear loader refuse collection trucks. Financial Implications: Equipment Maintenance Fund - $673,768 Contact: Claudette Ford, Public Works, Purchase Order: Western Truck Center for Two Drop Box Trucks From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to purchase two drop box trucks from Western Truck Center for a total amount not to exceed $451,693. Financial Implications: Equipment Maintenance Fund - $451,693 Contact: Claudette Ford, Public Works, Tuesday, january 15, 2008 DRAFT AGENDA Page 5

12 Consent Calendar 17. Park Bench Donation Policy From: Parks and Recreation Commission Recommendation: Adopt a Resolution that: 1) Limits park bench donation to sites recommended by staff; 2) Approves the bench donation policy as revised, and establishes a process and conditions for granting both bench memorial and anonymous requests. Financial Implications: None Contact: Virginia Aiello, Commission Secretary, Taxi Scrip Cash Count Audit - Controls Over Cash Handling Need Improvement From: Auditor Recommendation: Request the City Manager to report back during or before March 2008 on the implementation status of the one remaining outstanding recommendation. Financial Implications: See report Contact: Ann-Marie Hogan, Auditor, Council Consent Items 19. Becky Temko Tot Lot From: Councilmember Spring Recommendation: That the Council pass the attached resolution reaffirming its support for the continuance of the Becky Temko Tot Lot. Financial Implications: Unknown Contact: Dona Spring, Councilmember, District 4, Reaffirmation - U.S. Record of the Armenian Genocide From: Councilmember Worthington Recommendation: Adopt a resolution calling upon the House of Representatives to schedule a vote on House Resolution 106, which reaffirms the U.S. record of the Armenian genocide. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Opposition of the Nomination of Richard Honaker to the U.S. District Court for the District of Wyoming From: Councilmember Worthington Recommendation: Send a letter to Senators Barbara Boxer, Dianne Feinstein and the Senate Judiciary Committee opposing the nomination of Richard Honaker to the U.S. District Court for the District of Wyoming. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Tuesday, january 15, 2008 DRAFT AGENDA Page 6

13 Action Calendar After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again. The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action Calendar Items Removed from the Consent Calendar Action Calendar - Appeals 22. ZAB Appeal: 2129 Rose Street From: City Manager Recommendation: Adopt a Resolution affirming the ZAB decision to allow the installation of a skylight and French doors to a building within a non-conforming rear yard setback. Financial Implications: None Contact: Dan Marks, Planning and Development, Action Calendar Public Hearings 23. Fees: Inspection Program For Alcohol Establishments From: City Manager Recommendation: Conduct a public hearing and upon conclusion, adopt the Resolution approving fees to fund the inspection program for alcohol establishments. Financial Implications:See report Contact: Phil Kamlarz, City Manager, Action Calendar New Business 24. Amendment to the Zoning Ordinance (ZA 1-07): Public Safety Exceptions for Structural Alterations From: City Manager Recommendation: Adopt first reading of an Ordinance altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review. Financial Implications: None Contact: Dan Marks, Planning and Development, Tuesday, january 15, 2008 AGENDA Page 7

14 25. Warm Water Pool at the Berkeley High School Milvia Street Site a. From: Commission on Disability Recommendation: Place a bond measure on the November 2008 ballot for the construction of a new warm water pool and hire all necessary consultants to insure passage of the bond. Financial Implications: See report Contact: Paul Church, Commission Secretary, OR b. From City Manager Recommendation:Refer to staff for possible ballot measure discussion for the November 2008 general election. Financial Implications: See report Contact: Phil Kamlarz, City Manager, Action Calendar Council Items 26. Approval of East Bay Green Corridor and Joint Green Job Appropriation Request From: Mayor Bates Recommendation: 1) Formally approve the City's participation in the East Bay Green Corridor Partnership 2) Authorize the City to jointly request a federal appropriation for a regional green collar job and workforce development program along with the other city members of the East Bay Green Corridor. Financial Implications: See report Contact: Tom Bates, Mayor, Information Reports 27. Council Rules of Procedure From: City Manager Contact: Pamyla Means, City Clerk, Unrepresented Temporary Employees From: City Manager Contact: David Hodgkins, Human Resources, LPC Structural Alteration Permit Notices of Decision for 2411 Fifth St From: City Manager Contact: Dan Marks, Planning and Development, Public Comment Including Items Not Listed on the Agenda Adjournment Tuesday, january 15, 2008 DRAFT AGENDA Page 8

15 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 (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. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at and KPFB Radio Archived indexed video streams are available at Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m. Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda clerk@ci.berkeley.ca.us South Branch 1901 Russell COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. Tuesday, january 15, 2008 DRAFT AGENDA Page 9

16

17 Parks & Recreation Commission CONSENT CALENDAR January 15, 2008 To: From: Honorable Mayor and Members of the City Council Parks and Recreation Commission Submitted by: Virginia Aiello, Secretary, Parks and Recreation Commission Subject: Park Bench Donation Policy RECOMMENDATION Adopt a Resolution that: 1) limits park bench donation to sites recommended by staff; 2) approves the bench donation policy as revised, and establishes a process and conditions for granting both bench memorial and anonymous requests. FISCAL IMPACTS OF RECOMMENDATION There are no costs for the City to establish this policy. CURRENT SITUATION AND ITS EFFECTS The Parks and Recreation Commission recently concluded their revision of the City s park bench donation policy, and after receiving public comment, took action recommending that Council approve the revised policy (Exhibit A). As a general principle, the Parks and Recreation Commission believes that donations to the City s parks by residents should support the needs of the City s parks as determined by the City s current priorities within the context of the City s Master Plan. Because space is limited in the City s parks, the Parks and Recreation Commission endorses alternatives to the donation of bench memorials. As described by the revised Park Bench Donation Policy, requests for bench memorials may be granted on a limited basis if the honoree had a record of service to the City s parks or has made an outstanding contribution to the Berkeley community (Exhibit A). A request for an anonymous donation of a park bench may also be granted if space is available on a list of sites determined by the Department of Parks Recreation & Waterfront. Requests shall be reviewed by the Parks and Recreation Commission and approved by Council if the total donation exceeds $1000 (if the total donation does not exceed $1000, the Department of Parks Recreation & Waterfront must approve the donation). Council and/or City staff has discretion to determine whether the proposed donation and/or honoree are appropriate Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@ci.berkeley.ca.us Website:

18 Park Bench Donation Policy CONSENT CALENDAR January 15, 2008 BACKGROUND The City has received donations of park benches for many years, and has operated a formal park bench donation policy since 1998, for both memorial and anonymous bench donations. The formal policy identified 80 suitable sites at the Berkeley Rose Garden and Cesar Chavez Park in the Berkeley Marina. As of 1999, all 80 sites had received benches and the City began a waiting list (benches have a lifespan of approximately ten years). As of 2004, there were over 40 names on the waiting list, and so the City suspended the park bench donation program until a revised policy could be developed by the Parks and Recreation Commission. On April 26, 2007, the Parks and Recreation Commission took action recommending that Council adopt a Resolution that: 1) limits park bench donation to sites recommended by staff; 2) approves the bench donation policy as revised (Exhibit A); and establishes a process and conditions for granting both bench memorial and anonymous requests (Exhibit B). (M/S/C: Porter/Gross; Ayes: Ferrera, Price, Gurdziel, Becker, Stephens, Gross; Absent: Chavez, Huang, Porter). RATIONALE FOR RECOMMENDATION It is not appropriate to use City parks to memorialize an individual except in instances where there is a transcendent relationship between the park and the individual or for an individual who has made an outstanding contribution to the Berkeley community. Protecting our park environment, values, and the visitor experience requires that we do not detract from the visual character of our parks. As stewards of the City s parkland and urban forest, the Parks and Recreation Commission is committed to ensuring that contributions are recognized in ways that do not diminish park resources and values. To this end, it is appropriate that the City limit bench memorials and establish reasonable criteria for the granting of such memorials on a limited basis. CITY MANAGER The City Manager concurs with the content and recommendations of the Commission s Report. CONTACT PERSON Virginia Aiello, Commission Secretary, Parks & Recreation Commission, Attachments: 1: Resolution Exhibit A: Park Bench Donation Policy Exhibit B: Process for Donating a Park Bench Page 2

19 RESOLUTION NO. ##,###-N.S. PARK BENCH DONATION POLICY WHEREAS, the Berkeley City Council received and filed a Park Bench Donation Policy on January 13, 1998; and WHEREAS, sites for memorial benches were limited to the two largest parks: 48 benches at Caesar Chavez and 32 benches at the Rose Garden; and WHEREAS, in 2004, because the 80 sites were full and there were over 40 names on the waiting list, the Department suspended the program pending a revision of the policy by the Parks and Recreation Commission; and WHEREAS, on April 26, 2007, the Parks & Recreation Commission approved a revised policy limiting park bench donations to sites recommended by staff; and establishing reasonable criteria for granting of such memorials. NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley adopts the revised Park Bench Donation Policy contained in Exhibit A and the Process for Donating a Park Bench contained in Exhibit B.

20 EXHIBIT A Parks Recreation & Waterfront Department Park Bench Donation Policy This policy has been established to ensure that appropriate oversight is provided in preserving our City parks. To protect park resources, values, and the park visitor experience, bench donations shall fully respect the Master Plan, and the priorities, purpose, and integrity of the City parks. Park bench donations shall contribute to the park visitor experience and preserve the visual character of the park setting. Types of bench donations: There are two types of park bench donations: a memorial park bench donation (for which a small plaque identifies the honoree) and an anonymous park bench donation (no signage identifying the donor or honoree). An application in writing is required for either donation type. A memorial bench will be awarded in recognition of someone who had a record of service to the City s parks or has made an outstanding contribution to the Berkeley community. The honoree must have been deceased for at least one year. Site: Staff of the Parks, Recreation & Waterfront Department will recommend possible sites for all park bench donations. Some sites may be deemed inappropriate for memorial benches. After receiving required approvals for a bench donation, the donor may choose from the staff s list of possible sites. Approval process: Park bench donation requests will be processed in the order received. Requests for memorial benches must include documentation of the potential honoree s contributions to the City s parks or to the Berkeley community. The Parks & Recreation Commission will review all park bench donation requests. Bench style: The Department will provide the bench, which will be of a style appropriate to its site and which will meet the standards of the City for design, durability, and construction. Cost of the bench: The Department will determine the amount to charge for a bench donation. The fee includes the cost of the bench including tax and shipping, and the cost of installation. The donor will also pay the cost of the recognition plaque for memorial park bench donations (see below). Bench plaque: Page 1

21 The City will provide a small metal plaque for installation on a memorial park bench donation to honor the person who is memorialized. Design specification for the plaque will be at the discretion of the Parks Recreation & Waterfront Department. The plaque will be securely inset or surface-mounted onto the seat back of the bench by City staff. A marker that reads Donated by a Friend of Berkeley Parks will identify benches donated anonymously. Installation of bench: The City shall be responsible for bench installation. Longevity of bench: Park benches in outdoor settings have a reasonable life span of about 10 years. The City will provide for normal maintenance and repair of the bench during its useful life. If bench removal is required, due to deterioration or severe vandalism, the City is not responsible for replacement of the bench. Additionally, the City reserves the right to relocate the bench if unforeseen circumstances arise due to its location or setting. Acceptance of the donation: Donations of benches including installation totaling $1000 or more must have City Council approval. Department staff will process Council approval on behalf of the donor. If the total donation does not exceed $1000, the Department of Parks Recreation & Waterfront must approve the donation. Council and/or City staff has discretion to determine whether the proposed donation and/or honoree are appropriate. For further information, please contact the Department of Parks Recreation & Waterfront Department, Page 2

22 EXHIBIT B Process for Donating a Park Bench Dear Donor: Thank you for your interest in donating a park bench to the City of Berkeley. We appreciate your generous offer. This letter outlines the application process and the conditions for granting your request. There are two types of park bench donations: a memorial bench (for which a small plaque identifies the honoree) and an anonymous bench (no signage identifying the donor or honoree). An application in writing is required for either donation type (see attached). The process for donating an anonymous bench is as follows: A. The written request must be approved by the Parks Recreation & Waterfront Department through an application process. Applications will be processed in the order received. B. The Parks & Recreation Commission will review your request for final approval. You will be invited to the Commission meeting when your application is reviewed. If the Commission approves, the request will be approved at the Commission level and forwarded to either the Council (if the donation exceeds $1000) or Parks Recreation & Waterfront Department (if under $1000) for final approval. C. Upon approval of the request, the donor will select a site from a list of approved sites prepared by Parks and Recreation staff. A marker reading Friend of Berkeley Parks will identify the bench. The process for donating a memorial bench is similar to that for an anonymous bench, except that: A. A request for a memorial bench will be granted if the honoree had a record of service to the City s parks or has made an outstanding contribution to the Berkeley community. The honoree must be deceased for one year to allow a more objective assessment of the person s contribution. The request for a memorial bench must be accompanied by a description of the honoree s relationship to the City s parks or community (as described in the attached application). Due to current needs for park benches and availability of City staff to install and maintain benches, there may be a waiting list for both approving a bench donation and for installing a bench once the request has been approved. The Parks Facilities Maintenance Division will notify you regarding how long it will take to install the bench you have donated. Once the bench is installed, you will be sent a letter from Parks Administration acknowledging your donation and describing the location of the bench. Thank you again for your willingness to contribute to Berkeley s parks. Page 3

23 Application For Park Bench Donation Donor Name Phone Address City/State/Zip Type of bench donation (check one) Anonymous bench Memorial bench For Memorial bench only: In memory of Deceased since (date) Attach a short narrative and/or documentation demonstrating that the person you wish to memorialize contributed service to Berkeley park(s) or has made an outstanding contribution to the Berkeley community. (Examples of documentation would include letters of support from nonprofit organizations or service clubs, newspaper articles). Documentation should be verifiable. I have read the attached Park Bench Donation Policy and agree to the conditions outlined therein. Donor signature: Date Please mail completed application to: City of Berkeley Parks Recreation & Waterfront Department 1947 Center Street Berkeley, CA Attn: Park Bench Donation Request Page 4

24

25 Office of the City Auditor CONSENT CALENDAR January 15, 2008 To: From: Subject: Honorable Mayor and Members of the City Council Ann-Marie Hogan, City Auditor Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement RECOMMENDATION Request the City Manager to report back during or before March 2008 on the implementation status of the one remaining outstanding recommendation in the attached report. SUMMARY The auditors performed a surprise cash count audit at the Taxi Scrip counter located at Finance-Customer Service on September 11, The objective for this surprise cash count audit was to determine whether the Taxi Scrip Fund and supporting documentation of cash payments for the day of our visit were present and accounted for. As a sub-objective, the audit was to identify cash receipts and cash handling internal control weaknesses observed during the site visit. The following control weaknesses were identified during the audit: The Taxi Scrip Fund was not properly maintained as an imprest cash fund. The fund was not being properly monitored or reconciled. The cash on hand did not reconcile to the Council authorized fund amount. The written procedures were not updated to reflect current practices. The procedure of counting cash under dual custody control was not being followed, and Whiteout was used to alter the log to record cash-in and cash-out from the safe Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) ahogan@ci.berkeley.ca.us Website:

26 Taxi Scrip Cash Count Audit Consent Calendar January 15, 2008 FISCAL IMPACT OF RECOMMENDATION The Taxi Scrip Fund, disbursed and was reimbursed by the City s General Fund and Measure B Paratransit Fund approximately $100,000 in FY 07, according to the City s records. While the dollars at risk are small in this case, weak internal controls incur the risk of invisible costs such as damage to the City s reputation and employee morale, which cannot be measured in dollars. RATIONALE FOR RECOMMENDATION Implementation of our recommendations will strengthen internal controls over the cash handling of the Taxi Scrip Fund, and reduce the risk of fraud, theft, or abuse. CONTACT PERSON Ann-Marie Hogan, City Auditor, Attachment: 1. Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement 2

27 City of Berkeley Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Prepared by: Ann-Marie Hogan, City Auditor, CIA, CGAP Teresa Berkeley-Simmons, Audit Manager, CIA, CGAP Frank Marietti, Senior Auditor, CIA, CGAP, CFE Jocelyn Nip, Senior Auditor, CPA, CFE Presented to Council on January 15, Milvia Street, Berkeley, CA Tel.: (510) Fax: (510)

28 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Table of Contents Page No. I. OBJECTIVES OF THE AUDIT 1 II. SCOPE AND METHODOLOGY 1 III. RESULTS 1 IV. BACKGROUND 2 V. FINDINGS AND RECOMMENDATIONS Finding 1: The Taxi Scrip Fund was not properly maintained as an imprest cash fund and could not be reconciled.. 2 Finding 2: The Taxi Scrip cash handling procedures did not accurately reflect current practices 5 Finding 3: Cash deposited to the safe was not counted under dual custody control... 6 Finding 4: Whiteout was used to change the amount recorded on the Taxi Scrip In/Out Sheet. 6 VI. FISCAL IMPACT 7 VII. CONCLUSION 7 APPENDIX A Taxi Scrip In/Out Sheet 8 (i)

29 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement I. OBJECTIVES The objective of this surprise cash count audit was to determine if the Taxi Scrip Fund and the documentation of cash payments for the day of our visit were present and accounted for. As a sub-objective, the audit was to identify cash receipts and cash handling internal control weaknesses that came to the auditor s attention during the site visit. The Auditor s Office scheduled a series of surprise cash counts as part of our fiscal year 2008 audit plan. The 2008 audit plan was presented to City Council on June 26, II. SCOPE AND METHODOLOGY The auditors performed a surprise cash count audit at the Taxi Scrip counter located at Finance-Customer Service on September 11, At the time of our visit, cash on hand was compared to the supporting documents and reports provided by the staff and supervisors who handled the Taxi Scrip Fund to identify cash overages and shortages. We also asked general questions about cash handling practices and noted concerns that came to our attention. We did not perform a comprehensive evaluation of the internal controls over the Taxi Scrip Fund cash handling or perform detailed tests of compliance with the City s cash handling policies. Our review was conducted in accordance with Generally Accepted Government Auditing Standards and was limited to those areas specified. III. RESULTS Following are the results of our audit: The Taxi Scrip Fund was not properly maintained as an imprest cash fund. The fund was not being properly monitored or reconciled. The cash on hand did not reconcile to the Council authorized fund amount. The written procedures were not updated to reflect current practices. The procedure of counting cash under dual custody control was not being followed, and Whiteout was used to alter the log to record cash-in and cash-out from the safe.

30 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement IV. BACKGROUND The Berkeley Taxi Scrip program is funded by transportation sales tax authorized by Measure B and the General Fund. The program, administered by the Housing Department, provides eligible senior and disabled residents with limited amounts of free scrip to pay for rides in conventional taxicabs, vans, and other selected vehicles. Taxi scrip collected from passengers may be redeemed for cash at Finance-Customer Service. On May 22, 2001, the Taxi Scrip disbursement fund was approved by Council Resolution 61,067 for an amount not to exceed $5,000. On June 14, 2005, Council Resolution 62,932 increased the fund up to $8,000, reportedly due to heavier demands for cash redemption. To redeem taxi scrip for cash, taxi drivers are required to submit taxi scrip collected from passengers and scrip receipts signed by passengers. They are also required to complete a Taxi Provider Scrip Redemption Form certifying the amount of cash received from the City. The Taxi Scrip Fund is kept inside a safe. A Taxi Scrip In/Out Sheet, also locked inside the safe, is used to record the daily cash balance, incoming cash (replenishments), and outgoing cash (disbursements). In addition, replenishment requests are prepared by a supervisor and approved by a manager for each day s disbursements. The requests, together with other supporting documentation, are submitted to Accounts Payable for fund replenishment. Copies of the requests are kept inside the safe until the requested replenishments are received from Treasury. V. FINDINGS AND RECOMMENDATIONS Since the imprest cash fund was not properly maintained or reconciled, the opportunity for theft or fraud significantly Finding 1 The Taxi Scrip Fund was not properly maintained as an imprest cash fund and could not be reconciled. It appears that the Taxi Scrip cash disbursement fund was set up as an imprest cash fund. An imprest system works on the basis that cash is replenished only for the amount disbursed. The system is designed to control fraud and theft by documenting how cash was spent and replenished. At inception, an authorized amount of cash is advanced to the fund. Disbursements are made from the fund until its cash balance falls below a predetermined level. The fund is then reimbursed for what was paid out; restoring the cash balance to the original authorized amount. 2

31 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement The amount of cash on hand plus all unreimbursed payments should always equal the amount of the authorized advance. This reconciliation helps to detect missing cash in a timely manner. On May 22, 2001, the City s Taxi Scrip Fund was established for a Council authorized amount of $5,000. It appeared that initially $3,000 was distributed to the fund and $2,000 was added later. On June 14, 2005, Council approved an increase to the fund for an amount not to exceed $8,000. A cash overage is just as significant a warning sign as a cash shortage. The Taxi Scrip Fund is administered by Housing, and the fund is located in Finance-Customer Service. At the time of audit fieldwork, Finance staff could not determine the amount that had been advanced to the fund. According to a Customer Service supervisor, additional money had been advanced to the cash fund, and Customer Service staff did not reconcile or track how much had been advanced. In 2005, Finance-Accounting reconciled the fund to $5,000 and identified a shortage of $839. On September 11, 2007, the auditor reconciled the cash on hand to $5,000. Based on information initially provided by Finance staff there appeared to be an overage of $1,421. On November 16, 2007, the auditor was notified that the Customer Service Manager had followed up on the overage identified during the surprise cash count. The Customer Service Manager stated that on April 26, 2005, Finance Customer Service staff met with Housing staff to try to reconcile discrepancies regarding the money on hand for taxi scrip redemption. Housing was unable to determine what caused the discrepancy between the $4,100 counted in July 2003 at the time of transition of the redemption program to Finance and the $5,000 recorded as originally released to them. 1 On Sept 19, 2006, Housing submitted a replenishment request of $ to make up for the cash shortage identified by the Accounting reconciliation, bringing the fund balance back to $5,000. Housing also added $1,500 to increase the Taxi Scrip Disbursement Fund to $6,500. Based on this new information, it now appears that the fund currently has a $79 cash shortage. Typically, an overage or a shortage in an imprest cash fund is attributed to: (a) fraud or thefts, or (b) over or under-replenishment. Neither Finance- Customer Service staff nor Housing staff could explain the reason for the shortage. 1 On November 26, 2007, Housing confirmed that they were not able to identify the cause of the shortage. 3

32 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Recommendations for Finance 1.1 Determine the cause for the Taxi Scrip Fund cash discrepancy. 1.2 Develop policies and procedures to properly maintain the Taxi Scrip Fund as an imprest cash fund. The following should be included: A formal process to restore the fund to its authorized amount. A formal process to ensure that partial reimbursements are discontinued. The fund should be fully reimbursed for authorized and documented disbursements. A method to ensure the cash on hand plus all unreimbursed disbursements always equal the authorized fund balance or advance. The process to ensure that the updated Taxi Scrip In/Out Sheet is completed and reflects a daily reconciliation and documents disbursements. (See Appendix A for a draft example of an updated Taxi Scrip In/Out Sheet.) A procedure to ensure that any shortage or overage will be brought to the attention of the Customer Service Manager immediately for a timely investigation and resolution. The process to ensure that loss or theft of City funds should be reported in accordance with Administrative Regulation City Manager s Response Finance agrees with the finding and the recommendations. 1.1 Will be implemented. Finance will review all taxi scrip documents for the last four years to identify any new discrepancies by December 31, The following has been implemented: Finance is currently able to meet the demands for redemption by taxi drivers with the current $6,500 level and does not feel the need to replace the missing funds from the Finance budget. Partial reimbursement has been discontinued since September 20, Finance has decided to use the revised Taxi Scrip In/Out Sheet proposed by the auditor that reflects a daily reconciliation and the amount awaiting replenishment beginning December 1, Staff will be directed to report shortages and overages to the Customer Service Manager for timely investigation. Effective immediately loss or theft of City funds will be reported in accordance with Administrative Regulation As of December 1, 2007, these steps have been included in the written procedures. 4

33 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Finding 2 The Taxi Scrip cash handling procedures did not accurately reflect current practices. Accurate and clear written procedures are needed to promote consistent performance and to help ensure success in completing assigned duties. (a) The current written procedures titled Taxi Scrip In/Out Log Procedures were not up to date. The written procedures indicated that three cash bags were used to store $1,000 of Taxi Scrip money in each bag. The procedures also indicated that once the cash balance in a bag dropped to or below $500, the bag was to be retired until it was replenished to $1,000. According to a Customer Service supervisor, these procedures had been discontinued. She stated that only one bag was used for storing Taxi Scrip money. (b) Although each redeemed Taxi Scrip was voided by punching a hole on it, this control to prevent reuse was not included in the written procedures. Unclear procedures may result in actual practices that are not consistent with management s intent. It may also result in inconsistent or poor performance, especially by employees who temporarily fill the position and rely on the written procedures for guidance to successfully complete the tasks. Recommendation for Finance 2 Update the written procedures to reflect current practices. The procedures should be detailed enough so that someone not familiar with the process can successfully perform the task consistent with management s intent. Include in the updated written procedures, the step of voiding taxi scrip immediately after it has been redeemed. City Manager s Response Finance agrees with the findings and the recommendation. Implemented. There are two sets of written procedures: Taxi Scrip Procedures and Taxi Scrip In/Out Procedures. The Taxi Scrip Procedures had been updated on June 2, As of December 1, 2007, Finance updated the Taxi Scrip In/Out Procedures to reflect current practices and incorporate it into the Taxi Scrip Procedures. 5

34 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Finding 3 Cash deposited to the safe was not counted under dual custody control. Lack of dual custody equals lack of accountability. After the taxi scrip counter was closed, the field representative counted the cash that remained in the cash register. She recorded the ending cash balance on a Taxi Scrip Counter Redemption Record Summary form and put the cash in an unlocked cash bag. She gave the bag to one of the incharge Customer Service supervisors who in turn simply placed the cash bag inside the safe. This was inconsistent with the written procedures that required cash-in or cash-out be counted together by both the supervisor and another employee, under dual custody control. When only one person performs a cash count, a shortage discovered later may not be traceable to the responsible employee. For example, if cash is missing it could have been taken by: (a) the field representative who counted the cash at the end of the day or (b) the supervisor who placed the unlocked cash bag in the safe. Because the amount being recorded is not witnessed or verified by a second person, both individuals in this example would be under suspicion and the person who is innocent might be falsely accused. Recommendations for Finance 3 Cash should always be counted under dual custody control (the supervisor and another employee) as stated in the written procedures. City Manager s Response Finance agrees with the finding and the recommendation. Implemented. Effective immediately staff will perform cash counts under dual custody. Finding 4 Whiteout was used to change the amount recorded on the Taxi Scrip In/Out Sheet. Whiteout can be used to conceal irregularities. Whiteout was used to change the September 11, 2007, beginning cash balance, and the change was not initialed by staff. Since whiteout may be used to conceal irregularities or to falsify records, its use should be prohibited. The lack of an initial makes it difficult to identify the person making the change. It also makes it difficult to determine whether the change was properly authorized or was an irregularity. 6

35 Taxi Scrip Cash Count Audit Controls Over Cash Handling Need Improvement Recommendation for Finance 4 Employees should be directed not to use whiteout on cash records. If an error is made, it should be crossed out with a single line, and the correct figure should be written in. The employee making the change and another employee witnessing or approving the change should both place their initials next to the change. City Manager s Response Finance agrees with the finding and the recommendation. Implemented. Effective immediately staff will not use whiteout on cash records. VI. FISCAL IMPACT Weak internal controls incur the risk of invisible costs such as damage to the City s reputation and employee morale, which cannot be measured in dollars. In FY 07 the Taxi Scrip Fund disbursed and was reimbursed by the City s General Fund and Measure B Paratransit Fund approximately $100,000. VII. CONCLUSION The Taxi Scrip Fund was not properly maintained as an imprest cash fund. Cash on hand could not be reconciled to a constant authorized amount because staff was not properly monitoring or reconciling the amount that had been advanced to the fund. This condition provides opportunities for fraud and theft. On a going forward basis, a formal policy should be established to maintain the Taxi Scrip Fund as an imprest cash fund. At any point in time, cash on hand should be reconcilable to the amount that has been advanced. In addition, the controls over the Taxi Scrip Fund could be strengthened by requiring dual custody for cash counts, prohibiting the use of whiteout on cash records, and requiring initials on corrections. We thank the Finance-Customer Service and Housing staff for their cooperation and assistance extended to us during the audit. We commend them on their responsiveness in following-up on and correcting identified concerns. 7

36 Appendix A TAXI SCRIP IN/OUT SHEET Original Authorized Amount: (Amount advanced to the fund) Note: (a) Notify the Manager immediately for an investigation if Column J does not equal the authorized amount stated above. (b) If additional cash, other than scrip reimbursement, is advanced to the fund, the original authorized amount should be increased to reflect the additional advance. Date of Scrip Reimbursement from Date Beginning Cash Balance ($) Employee Signature (Cash- Out) Supervisor Signature (Cash-Out) Amount of Scrip ($) Treasury Treasury ($) Cash Count Col F) Must = Authorized Amount (Above) Employee Signature (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (B)-(E)+(G) (H)+(I) Replenishment (Reimbursement) from Ending Cash Balance ($): Should Equal to Unreimbursed Scrip (Total of all items on Col E that do not have a date on Supervisor Signature 8

37 CONSENT CALENDAR Date: To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Dona Spring Becky Temko Tot Lot RECOMMENDATION: that the Council pass the attached resolution reaffirming its support for the continuance of the Becky Temko Tot Lot. BACKGROUND: Please see the attached resolution. FINANCIAL IMPLICATIONS: CONTACT PERSON: Councilmember Dona Spring

38

39 Kriss Worthington Councilmember, City of Berkeley, District Milvia Street, 5 th Floor, Berkeley, CA PHONE FAX kworthington@ci.berkeley.ca.us CONSENT CALENDAR January 15, 2008 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Kriss Worthington Reaffirmation - U.S. Record of the Armenian Genocide RECOMMENDATION: Adopt a resolution calling upon the House of Representatives to schedule a vote on House Resolution 106, which reaffirms the U.S. record of the Armenian genocide. BACKGROUND: The following information is from the resolution adopted by the San Francisco Board of Supervisors on October 30, 2007: In 1915 the Ottoman Turkish government started its genocide against Armenians. By 1923, 1.5 million Armenians, a majority of Armenians living in the Ottoman Empire had been killed as a result of this genocide and the survivors were permanently displaced from their homeland. To this day, the Turkish government has not recognized the genocide. To further promote their denial of the genocide, the Turkish government recently enacted Article 301 of the Turkish Criminal Code, which suppresses free speech and prohibits discussion of the Armenian genocide. This law has led to the prosecution of many Turkish citizens including Nobel Laureate Orhan Pamuk and has contributed to an atmosphere which led to the assassination of Hrant Dink. The government of the United States has been on record as recognizing the Armenian genocide. However, recently the Turkish government has been aggressively lobbying our government to change its position. Unfortunately, they have been making progress in getting our government to change its historical recognition of the genocide. For example, they recently pressured the Bush administration to dismiss our Ambassador to Armenia, John Evans. Our government complied with their request and replaced the Ambassador. The Bush administration, as opposed to other administrations, has been more responsive to Turkey because of its strategic position in the Middle East.

40 It is critical that the Congress reaffirm its recognition of the Armenian genocide and stop efforts by the Turkish government to wipe out any knowledge of one of the greatest atrocities in history. The House of Representatives is currently considering House Resolution (HR) 106, which recently passed out of the House Foreign Relations Committee. However, a vote on the resolution has been stalled. It is important that the City of Berkeley join organizations and cities in urging the House to schedule a vote on HR 106 and ensure that the United States continues on record as recognizing the Armenian genocide. FINANCIAL IMPLICATIONS: NONE CONTACT PERSON: Councilmember Kriss Worthington, Attachments: 1. Resolution

41 RESOLUTION NO. ##,###-N.S. RESOLUTION CALLING UPON THE HOUSE OF REPRESENTATIVES TO SCHEDULE A VOTE ON HOUSE RESOLUTION 106, WHICH REAFFIRMS THE U.S. RECORD OF THE ARMENIAN GENOCIDE WHEREAS, in 1915 the Ottoman Turkish government began its genocide against Armenians; and WHEREAS, by 1923, 1.5 million Armenians, a majority of Armenians who were living in the Ottoman Empire, had been killed as a result of this genocide, and the survivors were permanently displaced from their homeland, having had most of their personal and communal properties stolen by the government and individuals complicit in the genocide; and WHEREAS, to this day, these historical facts have been denied by successive Turkish governments, thereby continuing its hostility and posing an existential threat towards Armenia; and WHEREAS, the denial of this genocide set a precedent and contributed to the perpetration of later genocides throughout the 20th Century, including the Holocaust, during which Adolf Hitler was quoted before the Nazi invasion of Poland as having asked "Who today remembers the annihilation of the Armenians?"; and WHEREAS, the Turkish government continues to deny the Armenian Genocide, and recently enacted Article 301 of the Turkish Criminal Code, which suppresses free speech and prohibits any discussion of the Armenian Genocide; and WHEREAS, the official Turkish policy as embodied by Article 301 led to the prosecution of Nobel Laureate Orhan Pamuk; and WHEREAS, the atmosphere of denial fostered by the government also led to the assassination of Hrant Dink, and the Turkish government has continued to persecute citizens for expressing themselves by prosecuting others, including Hrant Dink s successors at Agos newspaper under the draconian Article 301; and WHEREAS, the City of Berkeley has in the past adopted resolutions declaring April 24 as Armenian Genocide Commemoration Day; and WHEREAS, the City of Berkeley maintains that the proper recognition of the crime of genocide and other crimes against humanity should never be sacrificed for perceived political benefits; and WHEREAS, by joining our voices against the deniers of the Armenian Genocide, we are able to guard against the occurrence of such genocide in the future; and WHEREAS, House Resolution 106 has overwhelming support in the United States House of Representatives, as demonstrated by more than 200 co-sponsors, and was recently adopted by the House Foreign Affairs Committee; and NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that it calls upon the House of Representatives to continue to support United States recognition of the Armenian genocide and schedule a vote on House Resolution 106.

42

43 Kriss Worthington Councilmember, City of Berkeley, District Milvia Street, 5 th Floor, Berkeley, CA PHONE FAX kworthington@ci.berkeley.ca.us CONSENT CALENDAR January 15, 2008 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Kriss Worthington Opposition of the Nomination of Richard Honaker to the U.S. District Court for the District of Wyoming RECOMMENDATION: Send a letter to Senators Barbara Boxer, Dianne Feinstein and the Senate Judiciary Committee opposing the nomination of Richard Honaker to the U.S. District Court for the District of Wyoming. BACKGROUND: On March 19, 2007, President Bush nominated Richard Honaker to the U.S. District Court for the District of Wyoming. Honaker is an attorney and former member of the Wyoming House of Representatives. Numerous reproductive rights and civil rights organizations including the National Organization of Women and NARAL Pro Choice America have expressed strong opposition to Honaker s nomination. Throughout his legal and legislative careers, Honaker has fought to end legal abortion. In 1991, he introduced the Human Life Protection Act which would have banned abortion with an exception only to protect a woman s life or in cases of rape if the attack was reported within five days. Among the bill s findings it included the following statement, Unborn children are human beings, and abortion is the taking of the life of an unborn child who is a member of the human race. The bill failed, however Honaker continued to push the measure reintroducing it in the legislature. The legislation was also put on the ballot in 1994 and was overwhelmingly rejected by Wyoming voters. He is also a member of the Federalist Society, a group that has advocated for the overturning of the Roe v. Wade decision. He is also supported by many anti-abortion groups. 35 years ago, the United States Supreme Court issued its controversial Roe v. Wade decision which legalized abortion. Recently this decision has come under attack not only by legislators but also by the courts. With the future of the Roe decision hanging in the balance, appointing judges with strong anti-abortion backgrounds could lead to a ban on legal abortions in our country.

44 The City of Berkeley has a long history of supporting reproductive rights. It should join NOW, NARAL Pro-Choice America and other organizations in urging the United States Senate to reject Honaker s nomination and stop him from promoting a fundamentalist, anti-abortion agenda from the bench. FINANCIAL IMPLICATIONS: NONE CONTACT PERSON: Councilmember Kriss Worthington, Attachments: 1. Proposed letter 2. Information from NARAL Pro-Choice America and NARAL Pro-Choice Wyoming on Richard Honaker

45 January 16, 2008 Honorable Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, D.C Dear Senator Feinstein, The Berkeley City Council strongly requests that you reject the nomination of Richard Honaker for the U.S. District Court for the District of Wyoming. Throughout his legal and legislative careers, Richard Honaker has fought to end legal abortion. As a member of the Wyoming House of Representatives, Honaker introduced the Human Life Protection Act which would have banned abortion with an exception only to protect a woman s life or in cases of rape if the attack were reported within five days. This measure was introduced several times and failed to pass each time. The legislation was also put on the ballot in Even though Honaker helped put it on the ballot, the initiative was overwhelming rejected by Wyoming voters. In addition to his efforts to make abortion illegal, he has also published articles and given speeches about the right to choose and his judicial philosophy. He has repeatedly suggested than an abortion is equivalent to murder and said that laws should be based on their Christian underpinnings. These statements raise serious questions about his ability to fairly and impartially apply the law. Additionally, he is supported by many anti-abortion groups and is a member of the Federalist Society, a group that has advocated for the overturning of the Roe v. Wade decision. 35 years ago, the United States Supreme Court issued its landmark Roe v. Wade decision, which legalized abortion in the United States. In light of recent court decisions and actions by the Bush administration, the right to safe and legal reproductive health choices hang in the balance. Appointing judges with strong anti-abortion backgrounds like Honaker could lead to a ban on legal abortions in our country. That is why many reproductive rights and civil rights organizations including the National Organization of Women and NARAL Pro Choice America have expressed strong opposition to Honaker s nomination. Please oppose this nomination and instead call on President Bush to nominate a fairminded individual who shares our country s mainstream views of constitutional rights, including the right to choose. Thank you for your consideration. Sincerely,

46

47

48

49

50

51 Commission on Disability ACTION CALENDAR January 15, 2008 To: From: Honorable Mayor and Members of the City Council Commission on Disability Submitted by: Paul Church, Secretary, Commission on Disability Subject: Warm Water Pool at the Berkeley High School Milvia Street Site RECOMMENDATION Place a bond measure on the November 2008 ballot for the construction of a new warm water pool and hire all necessary consultants to insure passage of the bond. FISCAL IMPACTS OF RECOMMENDATION Based upon the recently completed Warm Water Pool Study, it is estimated the cost of construction for a new warm water pool will be approximately $15 million. A bond of this size would cost property owners an average $5.59 per $100,000 of assessed value over a thirty-year period. CURRENT SITUATION AND ITS EFFECTS The Berkeley Unified School District is currently planning the demolition of the Old Gym building. If and when this building is demolished, the City will no longer have a therapeutic warm water pool accessible to senior and disabled residents of the City. A recently completed report titled Berkeley Warm Water Pool Study lays out the design and feasibility of building a new warm pool on the current parking lot located at the corner of Milvia Street and Bancroft Avenue. It is imperative the City keep its warm water pool. This subject has been discussed extensively since before the year 2000, and it is now time to act decisively to build a new pool. BACKGROUND The Commission on Disability has been following this issue since before the passage of Measure R, and has been actively involved with the proposal to build a new warm pool since last spring. It has conducted multiple public meetings and has heard from numerous Berkeley residents on the need for not only a warm pool but for new or refurbished pools for everybody. Despite the passage of a bond in the year 2000 to pay for the remodel of the existing warm water pool, the remodeling has never been undertaken and now the pool is threatened for demolition by the school district wishing to reclaim the land Center Street, 4th Floor, Berkeley, CA Tel: TDD: Fax: pchurch@ci.berkeley.ca.us

52 Warm Water Pool at the Berkeley High School ACTION CALENDAR Milvia Street Site January 15, 2008 Throughout the recent meetings, numerous people spoke on the need for a single, stand alone warm pool versus a larger community pool complex. The Commission carefully listened to all recommendations and determined that a single pool is the only feasible alternative at this time. RATIONALE FOR RECOMMENDATION The need and use of the warm pool has never been in dispute. This was affirmed in 2000 when the voters passed Measure R intended to refurbish the existing pool. The pool is a true gem for the City of Berkeley and must be retained. Consultants have been hired in the past to help successfully pass bond measures, and should be again on this issue if that is what is needed. ALTERNATIVE ACTIONS CONSIDERED A larger community pool complex consisting of two or three individual pools meeting all of the community needs was considered and rejected at this time. The community pool is still in the conceptual stage and has no drawings or cost estimates available. The warm pool could be turned into a reality quickly and easily from this point forward, thus receiving the commission s support. CITY MANAGER The City Manager is recommending that this matter be referred to staff for possible ballot measure discussion for the November 2008 general election. CONTACT PERSON Dmitri Belser, Chair, Commission on Disability Paul Church, Secretary, Commission on Disability,

53 Office of the Mayor ACTION CALENDAR January 15, 2008 To: From: Subject: Members of the City Council Mayor Tom Bates Approval of East Bay Green Corridor and Joint Green Job Appropriation Request RECOMMENDATION: 1.)Formally approve the City s participation in the East Bay Green Corridor Partnership 2.) Authorize the City to jointly request a federal appropriation for a regional green collar job and workforce development program along with the other city members of the East Bay Green Corridor. BACKGROUND: The East Bay took a big step towards becoming one of the nation s green economic engines with the announcement of the East Bay Green Corridor Partnership. The Mayors of Oakland, Berkeley, Richmond, and Emeryville joined with the leaders of the University of California, Berkeley and Lawrence Berkeley National Laboratory to sign a Statement of Principles launching a cooperative effort to lead the world in environmental innovation, emerging green business and industry, green jobs, and renewable energy. The four cities and the two research institutions pledged to work together to harness the human, intellectual, and economic resources of the region. The East Bay Green Corridor Partnership Statement of Principles states: Our region has a long and distinguished history in environmental awareness, conservation success and policy innovation. We have a remarkable labor force, extraordinary institutions of higher learning and research, and a culture of entrepreneurship and innovation that is known throughout the world Despite our obvious strengths, increased regional cooperation will be essential to actualize our potential as a center of the emerging green economy. Markets in labor, land and venture capital are larger than any single jurisdiction. Each of our entities is committed to bringing our unique strengths to the table and building the heart of the East Bay into a dynamic Green Corridor. Specifically, the six signatories on the Statement of Principles agreed to hold an annual green economic summit, set quarterly meetings of the directors of economic development, workforce development and technology transfer offices, and to coordinate 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) mayor@ci.berkeley.ca.us Website: