Agenda Committee Item #5
Council Draft Agenda - May 4, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 4, 2004 – 7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
 

Preliminary Matters

Roll Call

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

1.       Public Works Department APWA Re-Accreditation

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Youth Comments: A total of 15 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.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 20, 2004 (regular) and April 27 (special and regular).

Financial Implications:

Contact:  Contact: Sherry Kelly, City Clerk, 981-6900

2.      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

3.      Settlement Agreement: Lloyd Tosse and Diane Tosse v. City of Berkeley

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RE 03099880 entitled Lloyd Tosse and Diane Tosse v. City of Berkeley in the amount of $12,500 for Lloyd Tosse and $32,500 for Diane Tosse, and waiving the unpaid balance of the City’s ambulance bill for services rendered to Diane Tosse on the date of the accident.

Financial Implications:  Public Liability Fund – $45,000; Ambulance Bill Waiver – $532.

Contact: Manuela Albuquerque, City Attorney, 981-6950

4.      Settlement Agreement: Robert Doran and Esther Doran v. City of Berkeley

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG03 105874 consolidated with RG03 123382 entitled Robert Doran and Esther Doran v. City of Berkeley in the amount of $325,000, of which the City will pay an amount not to exceed $225,000 and the Bay Cities Joint Powers Insurance Agency (BCJPIA) will pay the balance of the settlement.

Financial Implications: Public Liability Fund – $225,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

5.      Grant: Shelter Plus Care Supportive Housing Program

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) accept a grant renewal award from the U.S. Department of Housing and Urban Development in the amount of $1,909,116 for tenant-based rental assistance for the Shelter Plus Care Supportive Housing Program for the period beginning May 24, 2004 through May 23, 2005; 2) execute contracts and any amendments not to exceed $59,048 with the following community-based agencies: Berkeley Food and Housing Project ($16,000); Bonita House, Inc. ($3,000); Building Opportunities for Self-Sufficiency ($16,000); Coalition for Alternatives in Mental Health ($3,000); Homeless Action Center ($10,048); Jobs for the Homeless Consortium ($3,000); Lifelong Medical Care ($5,000); and Women’s Daytime Drop-In Center ($3,000); and 3) renew such community agency contracts annually hereafter.

Financial Implications:  Revenues – $1,909,116.

Contact: Stephen Barton, Housing, 981-5400

6.      Contract: Supplementary Retirement and Income Plan I and Retiree Medical Plan Actuarial Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Milliman USA for actuarial services for funding: 1) the City’s Supplementary Retirement and Income Plan I (SRIP I); and 2) the retiree health plan benefits for sworn Police, Fire and non-sworn employees in an amount not to exceed $40,000 for the period of May 1, 2004 through December 31, 2004.

Financial Implications: Payroll Deduction Trust Fund – $40,000.

Contact: Nicki Spillane, Human Resources, 981-6800

7.      Contract: Janitorial Services at Five Recreation Centers

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for janitorial services in five recreation centers and authorizing the City Manager to execute a contract and any amendments with Township Building Services, Inc. in an amount not to exceed $200,000 for a period of three years, beginning June 1, 2004 and ending June 30, 2007.

Financial Implications: General Fund – $55,392 per year.

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

8.      Contract: Tennis Court Lighting Rehabilitation

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications for Tennis Court Lighting Rehabilitation at Live Oak Park, Willard Park and San Pablo Park and authorizing the City Manager to execute a contract and any amendments with St. Francis Electric, Inc. for the project, including the Alternate Bid Work (Live Oak Park) for the period May 15, 2004 to May 15, 2005 in an amount not to exceed $378,300 including approximately fifteen percent contingency.

Financial Implications: Parks Tax Funds – $328,300 and Proposition 40 Per Capita Grant Funds – $50,000.

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

9.      All-Way Stop at Rose Street and Shattuck Avenue

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of two stop signs on Rose Street at Shattuck Avenue, creating a four-way stop this intersection.

Financial Implications: Capital Improvement Fund – $500.

Contact: Peter Hillier, Transportation, 981-7010

10.  FUND$ Change Management Audit

From: City Auditor

Recommendation:  Request the City Manager ensure that the recommendations in the attached report are fully implemented as expeditiously as possible, and to report back no later than December 31, 2004, regarding the implementation status of each recommendation. A date should be set for a follow-up report to Council if any recommendations remain unimplemented at that time.

Financial Implications: Two additional full-time employees - $162,000 - $202,000 per year.

Contact: Anne-Marie Hogan, Auditor, 981-6750

11.  Sponsorship of Solano Avenue Chocolate and Chalk Art Festival (PDF, 342 KB)

From:  Councilmember Hawley

Recommendation:  Adopt a Resolution cosponsoring the Chocolate and Chalk Art Festival to be held on Solano Avenue on Saturday, May 29, 2004 from 9:00 a.m. to 5:00 p.m. and allowing the use of Peralta Park during the day.

Contact:  Miriam Hawley, Councilmember, District 5, 981-7150

12.  Proclamation Honoring Julia Vinograd (PDF, 69 KB)

From: Councilmember Worthington

Recommendation:  Approve a Proclamation honoring Julia Vinograd at the 5th Annual Berkeley Poetry Festival.

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

13.  Proclamation: May as Mental Health Month

a.      From: Mental Health Commission (PDF, 175 KB)

Recommendation:  Adopt a Resolution proclaiming May 2004 as Mental Health Month in the City of Berkeley.

Financial Implications: None.

Contact: Harvey Turek, Secretary, 981-5213

b.      From: City Manager (PDF, 55 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Fred Medrano, Health and Human Services, 981-5100
 

Action Calendar – Presentation

14.  Presentation of the PlanBerkeley Website (PDF, 123 KB)

From:  Councilmember Maio

Recommendation:  Hear a presentation of 15 minutes by the neighbors who have developed the PlanBerkeley website that provides information and resources regarding development along University and San Pablo Avenues.

Contact:  Linda Maio, Couuncilmember District 1, 981-7110
 

Action Calendar – Public Hearing

15.  Appeal: 1360 Queens Road- Parcel Map 7645 Subdivision of a Lot (1 Lot into 2 Lots)

a.      From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion

Financial Implications:

Contact:

b.      Appeal

1.      Benjamin White and Sharon Landes

c.       Communication

1.       

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. '1094.6(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.
 

Action Calendar – Old Business

16.  Annual Minority and Gender Representation Report (Held over by Councilmember Wozniak from April 20, 2004)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

17.  Quarterly Report on Employee Safety and Workers' Compensation (CF 07-04)(Held over by Councilmember Wozniak from April 20, 2004)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

Action Calendar – New Business

18.  Three-Ton Commercial Truck Weight Limit (CF 52-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Chapter 14.56, Movement of Vehicles and Equipment by: 1) adding Section 14.56.070, to prohibit three ton commercial trucks on all streets, with exceptions as noted in the report, currently controlled by five-ton weight limits; 2) amending Section 14.56.050 to extend the existing five-ton truck weight limit on Martin Luther King Jr. Way to the north on The Alameda from Martin Luther King Jr. Way to Solano Avenue, and to the south from Hearst Street to University Avenue; 3) amending Section 14.56.060 to amend the existing designated truck route system in order to redefine the weight limit for commercial vehicles to be in excess of seven tons; and 4) adding Section 14.56.080, Definitions and Truck Classifications.

Financial Implications: State Gas Tax – $7,000 for sign replacement; Capital Improvement Traffic Calming – $15,000 to upgrade existing designated route signs.

Contact: Peter Hillier, Transportation, 981-7010
 

Information Reports

19.  Precautionary Principle and Environmentally Preferable Purchasing Policy (CF 62-03)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

20.  Implementation of Transfer Station Cash Receipts/Cash Handling Audit (CF 35-03)

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