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
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 – 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
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
