Agenda Committee Actions Summary
Council Draft Agenda - April 8, 2003

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Summary

AGENDA COMMITTEE ACTIONS

 

CITY COUNCIL DRAFT AGENDA APRIL 8, 2003

 

Actions Taken By Agenda Committee

The Agenda Committee approved the draft agenda with the exception of actions as noted.

Councilmember Spring submitted a time critical item regarding fee waivers for the Art for Peace.

Action:  Approved.

Councilmember Olds and Hawley submitted a time critical item regarding amending the definition of “creek”.
Action: 
Withdrawn by Councilmember Hawley.

Additional Proclamations approved for placement on April 8th Agenda.

1.                  Proclamation for 2003 Holocaust Remembrance Day

2.                  Commendation from Alameda County for City’s Lead Abatement Work

3.                  Proclamation declaring April 7 –13th as Public Health Week

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1.         Proclamation declaring April 24, 2003 Armenian Genocide Commemoration Day

Comments from the City Manager: 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.

Comments from the Public: 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.      Needle Exchange

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

2.      Records Retention Schedules

From: City Manager

Recommendation:  Adopt a Resolution approving revised Records Retention Schedules in compliance with the City’s Records Management Program and rescinding Resolution Nos 58,239-N.S., 57,527-N.S., 56,112-N.S., and 55,432-N.S.

Contact: Sherry Kelly, City Clerk, 981-6900

3.      Computer Replacement Fund

From: City Manager

Recommendation:  Adopt a Resolution establishing Fund 873 as the Computer Replacement Fund for the purpose of accounting for revenues from computer replacement contributions made by departments and expenditures for citywide computer and server replacement purchases.

Contact: Phil Karmlarz, City Manager, 981-7000

4.      Oakland Berkeley Recycling Market Development Zone

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City of Oakland to submit a Recycling Market Development Zone(RMDZ) renewal application to include the cities of Berkeley and Oakland and 2) agreeing to administer the RMDZ program in a manner that seeks to ensure the fair treatment of people of all races, cultures and incomes, including but not limited to soliciting public participation in all communities within the RMDZ.

Contact: Tom Myers, Economic Development, 981-7500

5.      Contract: Delta Dental Plan Rate Increase

From: City Manager

Recommendation:  Adopt a Resolution approving a rate increase for the Delta Dental Plan for Group 8367-15 effective January 1, 2003 and authorizing the City Manager to execute a contract and any amendments.

Contact: Nicki Spillane, Human Resources, 981-6800

6.      Contract: Purchase of AS/400 Server

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into an agreement with ESI Inc. for the purchase of an IBM AS/400 server for the City’s FUND$ financial system for a total contract amount of $600,000, for the period of April 15, 2003 to December 31, 2007.

Contact: Chris Mead, Information Technology, 981-6500

7.      Non-Exclusive Franchise to Operate a Pre-existing Wireless Data Network in Public Right-of-Way

From: City Manager

Recommendation:  Adopt a Resolution: 1) declaring intent to consider the application from Ricochet Networks, Inc. for a non-exclusive franchise to operate a pre-existing wireless data network in public right-of-way for a five year period; 2) schedule a public hearing on May 20, 2003; and 3) waive the Council rule prohibiting Council action on the same night as the public hearing.

Contact: Chris Mead, Information Technology, 981-6500

8.      Contract: Street Rehabilitation FY 2003 Phase I Project

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2003 Phase I Project; 2) accepting the bid of MCK Services, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $862,841 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

9.      Contract: Restrooms and Lobby Renovations at the Mental Health Clinic

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for restrooms and lobby renovations at the Mental Health Clinic; 2) waiving permit fees; 3) accepting the bid of Eternal Construction, Inc.; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $97,920.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Contract: Landfill Disposal Agreement

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the solid waste disposal contract with Republic Services, Inc. to allow the City to use additional solid waste disposal sites located at West Contra Costa Sanitary Landfill in the amount of $38.75 per ton, and Potrero Hills Landfill in the amount of $27.21 per ton.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Lease Agreement: 2121 Allston Way

From: City Manager

Recommendation:  Adopt a first reading of an Ordinance authorizing the City Manager to execute a six month lease agreement and any necessary amendments with Magnus Museum for real property located at 2121 Allston Way, in an amount not to exceed $100,000, which ncludes monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to accommodate the staff of Public Works Capital Improvement Projects and Engineering divisions, Parks & Recreation and other personnel and activities as may be required.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Non-Exclusive Rubbish Hauling Franchises

From: City Manager

Recommendation:  Adopt a Resolution: 1) declaring intention to grant non-exclusive rubbish collection and transportation franchises for an indeterminate period to Bay View Refuse, Inc., Berkeley Sanitary Service, Biagini Waste Reduction Systems, Inc., U.S. Eagle, Inc., and Waste Management of Alameda County, Inc.; 2) scheduling a public hearing on May 20, 2003 for each franchise; and 3) waiving the Council rule prohibiting Council action on the same night as the public hearing.

Contact: Rene Cardinaux, Public Works, 981-6300

13.  Grant:  Fund Allocations for Bicycle and Pedestrian Project in FY 2004

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to 1) submit a grant application for $61,033 to the Metropolitan Transportation Commission for Transportation Development Act Article 3 funds in FY 2004 for two projects, Bicycle Safety Education and Pedestrian Planning; 2) accept the grant and execute and resultant agreements and amendments; and 3) implement the projects, subject to securing the grants.

Contact: Peter Hillier, Transportation, 981-7000

14.  Grant:  State Bicycle Transportation Account, Ninth Street Bicycle Path Construction

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the California Department of Transportation’s Bicycle Transportation Account for funds in the amount of $600,000 in FY 2003 for the construction phase of the Ninth Street Bicycle Path; 2) accept the grant, and execute any resultant revenue agreements and amendments; and 3) implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Contact: Peter Hillier, Transportation, 981-7000

15.  Proclamation: Honor the 25th Anniversary of the Berkeley Historical Society (PDF, 137 KB)

From: Mayor Bates

Recommendation:  Approve a Proclamation recognizing April 27, 2003 as the 25th Anniversary of the Berkeley Historical Society.

Contact: Tom Bates, Mayor, 981-7100

16.  Statewide Rally to Support Public Education (PDF, 154 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution supporting a May 8th rally in Sacramento to protest the Governor’s proposed education cuts while he increases prison funding.

Contact: Tom Bates, Mayor, 981-7100

17.  Fee Waiver: Berkeley High School Parent Resource Center 3rd Annual Awards Dinner and Program (PDF, 72 KB)

From: Councilmembers Breland and Maio

Recommendation:  Adopt a Resolution waiving the fees and insurance costs for use of the North Berkeley Senior Center on May 9, 2003 by the Berkeley High School Parent Resource Center for its 3rd Annual Awards Dinner and Program for parent volunteers, teachers, students, staff and community members.

Contact: Margaret Breland, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

18.  Bancroft and Telegraph Food Cart Vendors (PDF, 58 KB)

From: Councilmember Worthington

Recommendation:  Support retaining two existing Bancroft and Telegraph food cart vendors until end of year.

Contact: Kriss Worthington, District 7, 981-7170

19.  Excess Profits Tax (PDF, 78 KB)

From: Councilmember Worthington

Recommendation:  Send letters to U.S. Representative Barbara Lee, U.S. Senator Barbara Boxer and U.S. Senator Diane Feinstein urging Congress to pass an Excess Profits Tax (taxes on a high percent of excess profits on contracts for the war).

Contact: Kriss Worthington, District 7, 981-7170

20.  Fee Waiver: Interfaith Women for Peace Mother's Day Celebration and Proclamation for Creative Force for Peace and Justice (PDF, 162 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all permit and sound fees for the Interfaith Women for Peace Mother’s Day Celebration on Sunday, May 11, 2003, and approve a Proclamation for Mother’s Day to celebrate mothers and their families as a creative force for peace and justice.

Contact: Kriss Worthington, District 7, 981-7170

21.  Fee Waiver: People's Park 34th Anniversary (PDF, 62 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all fees for event, food, sound permits, and insurance associated with the People’s Park 34th Anniversary Street Fair and Concert on Sunday, April 27th and approve the City’s provision of the following in-kind services: four portable toilets provided by Public Works, dumpster and Solid Waste Services, and traffic engineering for the closure of Haste (between Bodwitch and Dana).

Contact: Kriss Worthington, District 7, 981-7170

22.  Proclamation: 2003 Holocaust Remembrance Day (PDF, 446 KB)

From: Councilmember Worthington

Recommendation:  Approve the Holocaust Remembrance Day Proclamation.

Contact: Kriss Worthington, District 7, 981-7170

Action:  To be included under ceremonial on April 8, 2003.

23.  Proclamation: Pacific Center 30th Anniversary (PDF, 147 KB)

From: Councilmember Worthington

Recommendation:  Approve a Proclamation for the 30th Anniversary of the Pacific Center.

Contact: Kriss Worthington, District 7, 981-7170

24.  Customer Service: Cash Receipts / Cash Handling Audit (PDF, 2.6 MB)

From: City Auditor

Recommendation:  Request the City Manager report back on September 16, 2003, (and every five months thereafter) regarding the implementation of each of the Auditor’s recommendations until all recommendations have been implemented.

Contact: Ann-Marie Hogan, City Auditor, 981-6750

25.  Ballot Measure: Modifying Formula for the Calculation of the Annual General Adjustment of Rent Ceilings (PDF, 682 KB)

From:  Rent Stabilization Board

Recommendation:  Consider placement on the ballot of the November 2004 General Municipal Election an Ordinance to amend Berkeley Municipal Code Section 13.76.110, The Rent Stabilization Ordinance, in order to modify the method for calculating the annual general adjustment of rent ceilings by providing that the adjustment shall be 65% of the increase in the prior year’s consumer price index.

Contact:  Jay Kelekian, Executive Director, Rent Board, 644-6128; Donald Tine, Staff Attorney, 644-6128; Max Anderson, Chair, Rent Board, 644-6128


Action Calendar – Public Hearing

26.  Terminating a Non-Exclusive Franchise for Rubbish Hauling to Handy Can of Berkeley

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a first reading of an Ordinance, repealing Ordinance 6564–N.S. granting a non-exclusive franchise for rubbish hauling, and terminating the franchise with Handy Can of Berkeley.

Contact: Rene Cardinaux, Public Works, 981-6300


Action Calendar – New Business

27.  Write-off of Uncollected Accounts Receivable

From: City Manager

Recommendation:  Adopt a Resolution authorizing the write-off of uncollected customer accounts in the amount of $526,645.

Contact: Fran David, Finance, 981-7300

28.  Community Process to Designate a Major Street in Honor of Cesar Chavez* (PDF, 66 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager the establishment of a community planning process to select and designate a major street in honor of Cesar Chavez to be included in the City’s 2-year work plan.

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

Action: Councilmember Worthington to revise the item to recommend referral to a Council Subcommittee consisting of the Mayor, Councilmembers Maio and Worthington to make a recommendation on a community process.

Information Reports

29.  Berkeley's Best Builders Status Report

From: City Manager

Contact: Tom Myers, Economic Development, 981-7500

30.  Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

31.  2003 Cash for Trash Contest

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.


Adjournment