Agenda Committee Item #6
Council Draft Agenda - May 18, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 18, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

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

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

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

Council Action:  The City Council may take action related to any subject listed on the Agenda.


Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be considered after the Action Calendar unless the Council reorders the Agenda.

1.      Three-Ton Commercial Truck Weight Limit (CF 52-03) (First reading May 4, 2004 – Unanimous)

a.      From: City Manager

Recommendation:  Adopt second 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 specific streets currently controlled by five-ton weight limits; 2) amending Section 14.56.050 to extend the existing five-ton truck weight limit to specific streets; 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

2.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of  April 26, 2004 (special); April 27, 2004 (special and regular) and May 4, 2004 (special and regular).

Contact:  Sherry Kelly, City Clerk, 981-6900

3.      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

4.      Calling for November 2, 2004 Municipal Election and Possible Runoff Election on February 8, 2005

From: City Manager

Recommendation:  Adopt a Resolution: 1) calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 2, 2004; 2) authorizing the City Clerk to conduct an all-mail ballot election on February 8, 2005 in the event of a runoff election; 3) requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; and 4) authorizing certain procedural and contractual actions.

Financial Implications: City Clerk Department – General Municipal Election: $250,000; Special Runoff Election: $100,000-$300,000.

Contact: Sherry Kelly, City Clerk, 981-6900

5.      Council Expense Accounts

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the carryover of deficit or surplus expenditures of Council expense accounts (D-13) from one year to the next year in an amount not to exceed $10,000.

Contact:  Phil Kamlarz, City Manager, 981-7000

6.      FY 2004 Appropriations Ordinance 

From:  City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2004 Annual Appropriations Ordinance No. 6752-N.S. based upon recommended re-appropriation of unexpended FY 2003 funding and other adjustments authorized since July 1, 2003 in the amount of $6,401,274.

Contact:  Tracy Veseley, City Manager, 981-7000

7.      Contract: Public Health Patient Information Management System

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Creative Socio-Medics Corporation for software and services to implement a Public Health Patient Information Management System during the period July 1, 2004 to June 30, 2007 for a total amount not to exceed $550,000.

Financial Implications: Public Health General Health Fund – $550,000.

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

8.      Employee Awards Program

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to establish an Employee Awards Program to encourage employees to contribute practical suggestions that result in monetary savings, increased revenues, improved services, increased effectiveness or enhanced safety, and to reward employees for their efforts.

Financial Implications: Training Fund – $5,700-$10,700 annually.

Contact: Nicki Spillane, Human Resources, 981-6800

9.      Extension of Supplemental Military Leave Compensation Policy

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,690–N.S. to extend the supplemental military leave benefit for an additional year from May 31, 2004 to May 31, 2005.

Financial Implications:  See report.

Contact: Nicki Spillane, Human Resources, 981-6800

10.  Extension of Temporary Employee Appointments

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of temporary appointments for Office Specialist II employees in the Housing Department and an Associate Management Analyst employee in the City Manager’s Office.

Financial Implications: See report.

Contact: Nicki Spillane, Human Resources, 981-6800

11.  Clarify Meeting Schedule of the Personnel Board

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 4.04.070 to delete references to specific months in each calendar quarter when the Personnel Board is required to meet.

Financial Implications: None.

Contact: Nicki Spillane, Human Resources, 981-6800

12.  Summer Food Service Program Application

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition Services Division, for a Summer Food Service Program to provide lunches and afternoon snacks to children for the period of June 1, 2004 to October 31, 2004 and to execute the resultant agreement and any amendments.

Financial Implications: None.

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

13.  Agreement: Berkeley Rail Stop Maintenance and “Right of Entry”

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to negotiate and execute an agreement for the maintenance of the Berkeley Rail Stop, a “right of way” entry agreement between the City and Amtrak, and any other agreement necessary to improve the Berkeley Rail Stop.

Financial Implications: Redevelopment Agency State Grant - $640,000.

Contact: Dan Marks, Planning, 981-7400

14.  Contract: Sanitary Sewer Replacement

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Gold Wing Engineering for the Sanitary Sewer Rehabilitation and Replacement Project, increasing the contract amount by $181,000 for a total not to exceed $1,021,943 and extending the period 75 calendar days.

Financial Implications: FY 2004 Sewer Capital Improvement – $181,000.

Contact: Rene Cardinaux, Public Works, 981-6300

15.  Contract: Architectural and Engineering Services for Marina Restroom Replacement

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Burks Toma Architects for architectural and engineering services on the Marina Restroom Replacement project, increasing the contract by $10,000 for a total not to exceed $65,000, for the period February 1, 2002 through February 1, 2005.

Financial Implications: Boating and Waterways Fund – $10,000.

Contact: Rene Cardinaux, Public Works, 981-6300

16.  Thousand Oaks Heights Utility Undergrounding District 1

From:  City Manager

Recommendation:

Contact: Rene Cardinaux, Public Works, 981-6300

17.  Contract:  Arlington Avenue Street Repair

From:  City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Arlington Avenue Street Repair project; 2) accepting the bid of Gallagher and Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments until completion of the project in an amount not to exceed $2,689,856 for the period of 120 days.

Financial Implications:  Street Capital Improvement – $2,689,856

Contact: Rene Cardinaux, Public Works, 981-6300

18.  Contract: Street Rehabilitation FY 2004 Phase 1

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2004 Phase 1 Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,884,720 for the period of 120 calendar days.

Financial Implications: State Gas Tax - $10,000; Measure B Sales Tax - $1,204,407; Capital Improvement Fund - $670,313.

Contact: Rene Cardinaux, Public Works, 981-6300

19.  Purchase of Property for a New Fire Station

From: City Manager

Recommendation:  Adopt first reading of an Ordinance, amending Ordinance 6,724–N.S. authorizing purchase of property at 3000 Shasta Road from the East Bay Municipal Utility District for a new fire station.

Financial Implications: No additional funding to change boundary line.

Contact: Rene Cardinaux, Public Works, 981-6300

20.  Street Lighting Assessment District No. 1982-1

From: City Manager

Recommendation:  Adopt a Resolution of Intent to levy Fiscal Year 2005 assessments for the Street Lighting Assessment District No. 1982-1 and setting a public hearing for June 15, 2004.

Financial Implications: No change to the assessment.

Contact: Rene Cardinaux, Public Works, 981-6300

21.  Traffic Signals on Hearst Avenue at Arch Street/LeConte Avenue

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the installation of a traffic signal on Hearst Avenue at Arch Street and LeConte Avenue in conjunction with road improvements to separate Arch Street from LeConte Avenue at the intersection; 2) approving the installation of intersection safety improvements at Hearst Avenue and Oxford Street; and 3) authorizing the City Manager to negotiate and execute a grant agreement with the University of California, Berkeley to share the costs of these improvements.

Financial Implications: UC Berkeley Contribution - $149,000; Capital Improvement Fund - $225,000.

Contact: Peter Hillier, Transportation, 981-7010

22.  Prohibit Heavy Duty Commercial Vehicle Parking in Marina Area (CF160-02)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 6.20.255 to prohibit the parking of heavy duty commercial and over-sized vehicles (except commercial pickup trucks, tour buses, school buses, and paratransit buses) at all times on all streets in the Marina area.

Financial Implications: Marina Operations/Maintenance – $15,000.

Contact: Peter Hillier, Transportation, 981-7010 and Marc Seleznow, Parks Recreation & Waterfront, 981-6700

23.  Contract Compliance Audit (PDF, 2 MB)

From: City Auditor

Recommendation:  Request the City Manager report back in January 2005 on the implementation status of each of the Auditor’s recommendations regarding a citywide contract compliance audit, and every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report.

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

24.  Presentation: Rental Housing Market from a Student Perspective (PDF, 80 KB)

From: Councilmember Wozniak

Recommendation:  Schedule fifteen-minutes for a presentation on May 25, 2004, by student interns focusing on the status of the rental housing market in Berkeley.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

25.  Appointment to Mental Health Commission

a.      From: Mental Health Commission (PDF, 144 KB)

Recommendation:  Adopt a Resolution re-appointing Lorraine Taggart to the Mental Health Commission, Special Public Interest Category, for a three-year term beginning May 23, 2004 and ending May 22, 2007.

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

26.  Support ACA 10 Assembly Constitutional Amendment

a.      From: Public Works Commission (PDF, 504 KB)

Recommendation:  Adopt a Resolution supporting ACA 10 Assembly Constitutional Amendment that proposes an amendment to the State Constitution to exclude fees and charges for storm water and urban runoff management from voter approval requirements.

Financial Implications: None.

Contact: Jeff Egeberg, Secretary, 981-6406

b.      From: City Manager

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

Contact: Rene Cardinaux, Public Works, 981-6300

27.  Objection to Proposed Changes to Low Activity Waste Disposal

a.      From: Community Environmental Advisory Commission (PDF, 331 KB)

Recommendation:  Send a letter to the U.S. Environmental Protection Agency (EPA) objecting to the proposed Advance Notice of Proposed Rulemaking (ANPR) for disposal of low activity radioactive wastes.

Contact: Nabil Al-Hadity, Secretary, 981-7460

b.      From: City Manager

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

Contact: Dan Marks, Planning, 981-7400

Action Calendar – Public Hearing

28.  Appeal:  1331 Seventh Street (1332 Eighth Street)- Parcel Map 8276 Subdivision of a Lot (1 Lot Into 2 Lots)

a.      From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution denying Parcel Map 8276 for the subdivision of a lot (1 lot into 2 lots).

Contact: Dan Marks, Planning, 981-7400

b.      Appeal: 

1.      Stephen E. Block

c.       Communication

29.  Extend Residential Preferential Parking Program

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution amending Section 25B of Resolution No. 56,508–N.S. by adding a subsection to extend Residential Preferential Parking to the south side of Dwight Way between College Avenue and Benvenue Avenue; and authorizing the use of $600 from the Office of Transportation budget to cover implementation costs.

Financial Implications: Special Gas Tax Fund – $600.

Contact: Peter Hillier, Transportation, 981-7010

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 – Public Hearing Fees

30.  Transaction Fee for Payments over the Web

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution establishing a transaction fee for web-based payments, at a minimum charge of $2 per transaction, and a maximum charge of $4 per transaction to recover the City’s payment processing costs.

Financial Implications: See report.

Contact: Fran David, Finance, 981-7300

31.  Senior Center Facility Rental Fees

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases; establishing fees for the rental of senior center facilities; and rescinding Resolution No. 61,575–N.S.

Financial Implications: Total Revenue FY 2005 – $120,347.

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

32.  Tuolumne Camp Fees

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving fee increases; establishing fees for Tuolumne Camp; and rescinding Resolution No. 61,726–N.S.

Financial Implications: Revenues – $1,335,253 in 2005 and $1,439,040 in 2006.

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

33.  Development and Engineering Fees for the Permit Service Center and Certified Unified Agency Program Fund

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution:
1) approving fee increases and establishing the fee schedule for the Permit Service Center (PSC) and the Certified Unified Program Agency (CUPA) Fund for development related services; 2) continuing a policy of granting development fee waivers only when the Council authorizes substitute funding; and 3) rescinding Resolution No. 62,065–N.S.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

34.  Sewer Connection Fees

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving increases for sewer connection fees for designated premises; establishing fees; and rescinding Resolution No. 57,689-N.S.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300

35.  Refuse Rates

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing and setting rates for the collection of refuse and organics, Transfer Station disposal, and special services, reconfirming existing refuse collection districts; and rescinding Resolution 62,067–N.S. and all amending resolutions.

Financial Implications: Increased revenues - $1,086,000 annually.

Contact: Rene Cardinaux, Public Works, 981-6300

 

Action Calendar – Public Hearing - Budget

36.  Budget  (see Budget Book)

From:  City Manager

Recommendation:  Conduct a public hearing on the City Manager’s proposed Budget for FY 2005 and the FY 2006 Budget Reduction Plan.  A second public hearing on the budget will be held on June 15, 2004.  The Council will adopt the FY 2005 Budget on June 22, 2004.

Contact:  Tracy Veseley, City Manager, 981-7000

 

Action Calendar – Old Business

37.  Contract: Tennis Court Lighting Rehabilitation (held over from May 4, 2004 by City Manager)

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 $378,000.

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

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

38.  Precautionary Principle and Environmentally Preferable Purchasing Policy (CF 62-03) (Held over from May 4, 2004 by Councilmember Olds)

From: City Manager

Contact: Arrietta Chakos, City Manager, 981-7000

39.  Parking Mitigation at the New Vista College Site (Held over from April 27, 2004 by City Manager)

a.      From: Transportation Commission

Recommendation:  Adopt a final plan for allocation of Vista mitigation funds that allocates $2 million, or 55.5% of the funds, to programs to reduce vehicle traffic and promote and improve alternative modes of transportation in Downtown; and $1.6 million, or 44.5% of the funds, to accommodate vehicle trips to Downtown.

Financial Implications:  See report.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

Recommendation:  Refer to the City Manager the recommendations of the Transportation Commission to be considered during negotiations with the Peralta Community College District respecting the use of Vista College parking mitigation funds.

Contact: Peter Hillier, Transportation, 981-7010

 

Action Calendar – New Business

40.  Revenue Generating Ballot Measures

From:  City Manager

Recommendation:  Provide direction to the City Manager and City Attorney for drafting and placement of revenue generating ballot measures for the November 2004 ballot.

Contact:  Arrietta Chakos, City Manager, 981-7000

41.  Oxford Plaza and the David Brower Center Development

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into negotiations for a Disposition and Development Agreement for the Oxford Lot site based on the development program and business terms presented.

Contact: Stephen Barton, Housing,  981-6900

42.  Fee Waiver: Center for the Education of Infant Deaf

From: City Manager

Recommendation:  Deny the request from the Center for the Education of Infant Deaf (CEID) to refund $6,038 in zoning fees and waive $70,928 in building permit fees for new construction at 1035 Grayson.

Financial Implications: Lost revenues to Permit Service Center Fund – $76,966.

Contact: Dan Marks, Planning, 981-7400

43.  Decriminalizing Prostitution at the State Level (PDF, 799 KB)

From:  Councilmember Spring

Recommendation:  1) Adopt a Resolution calling for the decriminalization of prostitution at the State level; 2) maintain enforcement of current prostitution laws in Berkeley; 3) pass an Ordinance requiring the semi-annual reporting of numbers and incidents of arrest for prostitution to go to the Police Review Commission (PRC) and the Council; and 4) request the City Manager send the resolution on behalf of the Council to state and federal elected officials.

Contact:  Dona Spring, Councilmember District 4, 981-7140

44.  Air Quality Disclosure Notice Signage at Harrison Park

a.      From: Community Environmental Advisory Commission (PDF, 409 KB)

Recommendation:  Direct staff to use the following language for new signs to be posted at Harrison Park at the Gabe Catalfo fields, the skate park, the homeless shelter and the proposed Ursula Sherman house: “Air quality at the site often does not meet state standards.  All children and elderly people with preexisting respiratory and cardiac illness should exercise caution when using Harrison Park and the shelter. Pregnant women may also be at risk.”

Contact: Contact: Nabil Al-Hadity, Secretary, 981-7460

b.      From: City Manager

Recommendation:  Approve the changes made by staff per the recommendations of the Air Monitoring Consultant and the posted locations per the conditions and mitigation measures for the Gabe Catalfo Fields at Harrison Park. Make no further modifications to the disclosure language, as recommended by the Community Environmental Advisory Commission.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700 and Dan Marks, Planning, 981-7400

 

Information Reports

45.  Landmarks Preservation Commission Notice of Decision: Oceanview Sisterna Historic District – Historic District Designation

From: City Manager

Contact: Dan Marks, Planning, 981-7400

46.  Landmarks Preservation Commission Notice of Decision: 2108 Sixth Street – Disapproval of Application to Designate as Structure of Merit

From: City Manager

Contact: Dan Marks, Planning, 981-7400

47.  Oppose Establishment of a Police Department Canine Program (PDF, 174 KB)

From: Police Review Commission

Contact: Barbara Attard, Secretary, 981-4950

 

Communications

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

Adjournment