Agenda Committee Item #5
Council Draft Agenda - July 13, 2004

printer friendly pdf

Printer-friendly PDF* draft agenda: (67 KB)

 

 

Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 

Note: 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

DRaft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 13, 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.

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.      FY 2005 Appropriation Ordinance (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of the FY 2005 Appropriation Ordinance.

Contact: Tracy Vesely, Budget, 981-7000

2.      Tax Rate: Maintenance of Parks, City Trees and Landscaping (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance levying a FY 2005 special tax of $.098869 per square foot of all improvements to fund maintenance of parks, City trees, and landscaping.

Contact: Fran David, Finance, 981-7300

3.      Tax Rate: Measure S General Obligation Bonds (First Reading June 22, 2004 –unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance setting the FY 2005 tax rate for the Measure S General Obligation Bonds (Election of 1996) at 0.0425%.

Contact: Fran David, Finance, 981-7300

4.      Tax Rate: Library Services (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance setting the FY 2005 tax rate for the Library Services Tax at $0.132172 per square foot for dwelling units and $0.2001 per square foot for industrial, commercial, and institutional buildings.

Contact: Fran David, Finance, 981-7300 and Jackie Griffin, Library, 981-6195

5.      Tax Rate: Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 General Obligation Refunding Bonds (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance setting the FY 2005 Tax Rate for the Fire Seismic General Obligation Bonds (Measure G, Series C) and the 2002 Obligation Refunding Bonds at 0.0300%.

Contact: Fran David, Finance, 981-7300 and Reginald Garcia, Fire, 981-5500

6.      Tax Rate: Disaster Fire Protection (Measure Q) (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance setting FY 2005 tax rate for the procurement of disaster fire equipment at $0.0125 per square foot of improvements.

Contact: Fran David, Finance, 981-7300 and Reginald Garcia, Fire, 981-5500

7.      Tax Rate: Emergency Services for the Severely Disabled (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance setting the FY 2005 tax rate for the provision of emergency services for the disabled at $.009524 per square foot of improvements.

Contact: Fran David, Finance, 981-7300

8.      Tax Rate: Emergency Medical Services (First Reading June 22, 2004 – unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance levying a special tax of $0.026280 per square foot of improvements to fund the provision of emergency medical services to residents.

Contact: Fran David, Finance, 981-7300 and Reginald Garcia, Fire, 981-5500

9.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of June 15, 2004 (special and regular) and June 22, 2004 (closed and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

10.  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

11.  Ballot Measure: Gann Override Measure

From: City Manager

Recommendation:  Adopt a Resolution placing a measure on the November 2, 2004 ballot to re-authorize expenditures of voter-approved taxes for parks maintenance, library relief, emergency medical services and emergency services for severely physically disabled persons under Article XIIIB of the California Constitution.

Financial Implications: See report.

Contact: Sherry Kelly, City Clerk, 981-6900

12.  Ballot Measure: Change Date of Mayoral Elections

From: City Manager

Recommendation:  Adopt a Resolution placing a measure on the November 2, 2004 ballot to amend Article V section 14 of the Berkeley Charter to adjust the term of the office of Mayor from four years to two years on a one-time basis for the period of December 1, 2006 to December 1, 2008 in order that future mayoral elections will coincide with presidential elections.

Financial Implications: See report.

Contact: Sherry Kelly, City Clerk, 981-6900

13.  Ballot Measure: Rent Stabilization and Eviction for Good Cause Ordinance

From: City Manager

Recommendation:  Adopt a Resolution placing a measure on the November 2, 2004 ballot to amend the Rent Stabilization and Eviction for Good Cause Ordinance, Berkeley Municipal Code (BMC) Chapter 13.76 for purposes of making several changes recommended by the Berkeley Rent Stabilization Board and the City Council/Rent Stabilization Board 4 by 4 Subcommittee.

Financial Implications: See report.

Contact: Sherry Kelly, City Clerk, 981-6900

14.  Ballot Measures:  Tax Revenue Measures

From:  City Manager

Recommendation:  Adopt four Resolutions placing the following measures on the November 2, 2004 ballot:  1) increase the Emergency Medical Services Tax; 2) increase the Library Services Tax; 3) increase the Utility Users Tax; and 4) increase the Property Transfer Tax to fund Youth Services and Youth Safety Program.

Financial Implications: See report.

Contact: Sherry Kelly, City Clerk, 981-6900

15.  Fair Procedures in Quasi-Judicial Land Use Matters (CF 29-04)

Recommendation: Adopt a Resolution establishing fair procedures in quasi-judicial land use matters and repealing section I F of Resolution No. 62,420–N.S., Council Rules of Procedure.

Financial Implications:  None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

16.  Settlement Agreement: Waleed M. Ghnaim v. City of Berkeley, et al.

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the United States District Court Action No. C 03 0847 MHP entitled Waleed M. Ghnaim v. City of Berkeley, et al. in the amount of $20,500.

Financial Implications: Public Liability Fund – $20,500.

Contact: Manuela Albuquerque, City Attorney, 981-6950

17.  Settlement Agreement:  Gibson Group Trust

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manger to execute a settlement agreement with the Gibson Group Trust in the amount of $24,123.

Financial Implications:  Refuse Fund - $24,123.

Contacts: Manuela Albuquerque, City Attorney, 981-6950; Rene Cardinaux, Public Works, 981-6300

18.  Contract: Legislative Representation Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lynn Suter & Associates to provide legislative representation services in Sacramento from July 1, 2004 to June 30, 2005 in an amount not to exceed $49,970.

Financial Implications: General Fund – $49,790.

Contact: Arrietta Chakos, City Manager, 981-7000

19.  Contract: Banking Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a three-year agreement with Wells Fargo Bank to provide a comprehensive range of financial services to the City for the period of July 1, 2004 through June 30, 2007, in the amount of $330,000; with an option for two 1-year extensions through June 30, 2009 for a total contract amount not to exceed $550,000.

Financial Implications: General Fund and Enterprise Fund Operating Revenues – $550,000;

Contact: Fran David, Finance, 981-7300

20.  Formal Bid Solicitations and Requests for Proposals

From: City Manager

Recommendation: Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Various sources – $2,593,916.

Contact: Fran David, Finance, 981-7300

21.  Contract: Pre-Apprenticeship Construction Training

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Oakland Private Industry Council for pre-apprenticeship construction training to be provided by the Cypress Mandela/WIST (Women in Skilled Trades) Program to increase the amount by $42,000 for a total not to exceed $84,000 and to extend the term to September 30, 2005.

Financial Implications: See report.

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

22.  Contract: Supportive Housing for Mentally Disabled

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bonita House, Inc. for pre-development costs associated with the purchase of 5406, 5408 and 5410 Telegraph Avenue, Oakland, also known as the “Temescal Apartments,” for the purpose of providing supportive housing for low-income mentally disabled adults for the period July 1, 2004 through June 30, 2005 in an amount not to exceed $200,000.

Financial Implications: See report.

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

23.  Grant: Public Mental Health Workforce Development

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager: 1) to accept a grant from the Zellerbach Family Foundation for funds in the amount of $20,000 to increase the diversity and skill base of the public mental health workforce of the City and the greater Bay Area public mental health systems for the period July 1, 2004 through June 30, 2005; 2) to accept additional funding from the Bay Area Public Mental Health Agencies for activities related to this grant; 3) to execute any resultant revenue agreements and amendments; and 4)to implement the project and appropriation of funding for related expenses.

Financial Implications: See report.

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

24.  Contract: ABAG POWER Electricity Program - PG&E Direct Access Credits

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ABAG Publicly Owned Energy Resources (POWER) for the refund of approximately $282,721 from the ABAG POWER Electricity Program for the period beginning June 23, 2004 and without any end date.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

25.  Side Letter of Agreement: Berkeley Police Association

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into a Side Letter of Agreement with the Berkeley Police Association for purposes of reducing a portion of a scheduled cost of living adjustment and other cost savings for employees represented by the Berkeley Police Association.

Financial Implications:  See report.

Contact:  Nicki Spillane, Human Resources, 981-6800

26.  Contract: Food Services for Tuolumne Camp

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Sysco Food Services Inc. through November 30, 2005 to increase the amount by $750,000 for a total amount not to exceed $2,215,000.

Financial Implications: Playground Camps Fund – $400,000 in FY 2005; $350,000 in FY 2006.

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

27.  Contract: Tree Removal Services

From: City Manager

Recommendation: Adopt a Resolution: 1) approving plans and specifications for tree removal services; 2) accepting the proposal of West Coast Arborists, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $290,000 for a period of three years, beginning August 1, 2004 and ending July 31, 2007.

Financial Implications: Parks Tax Fund – $97,000 in FY 2005.

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

28.  Memorandum of Understanding: Lower Codornices Creek Restoration and Site Improvement Project

From: City Manager

Recommendation:  Adopt a Resolution directing the City Manager to enter into a Memorandum of Understanding (MOU) for the purpose of allocating the responsibilities of the project partners—the City of Berkeley, the City of Albany and the University of California—for implementation and maintenance of the Lower Codornices Creek Restoration and Site Improvement Project, and authorizing annual payments to cover the City’s share of maintenance, subject to annual appropriations.

Financial Implications: See report.

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

29.  Parking Ticket Processing Services

From: City Manager

Recommendation:  Adopt a Resolution establishing a purchase order with Clancy Systems for the payment for parking ticket processing services from July 1, 2004 through December 31, 2004, in an amount not to exceed $65,000.

Financial Implications: Parking Meter Fund – $65,000.

Contact: Roy Meisner, Police, 981-5700

30.  Parking Mitigation Measures for Parking Enforcement Officers (CF 8-04)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 56,508–N.S. by creating sixteen on-street preferential permit parking spaces for Parking Enforcement Officers.

Financial Implications: Traffic Maintenance Budget – $1,000.

Contact: Roy Meisner, Police, 981-5700

31.  Contract: Microfilming Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ImageMax, Inc. to provide microfilming services for the period September 1, 2004 through September 1, 2005 in an amount not to exceed $25,000.

Financial Implications: Permit Service Center – $25,000.

Contact: Dan Marks, Planning, 981-7400

32.  Contract: Corporation Yard Modular Offices

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving $523,000 from the Sewer Fund, and $523,000 from the Refuse Fund balances for inclusion in the Corporation Yard modular offices project budget to allocate $500,000 toward the purchase of modular buildings and $546,000 toward associated construction, equipment, and soft costs; and 2) authorizing the City Manager to execute a contract and any amendments with Williams Scottsman for the purchase of modular offices for the Corporation Yard in an amount not to exceed $500,000.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

33.  Contract: Curb Ramp Installation Project

From: City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Curb Ramp Installation Project at various locations; accepting the bid of AJW, Inc. and other change orders in an amount not to exceed $217,443 for a period of 120 calendar days.

Financial Implications: ADA Curb Ramp Funds – $217,443.

Contact: Rene Cardinaux, Public Works, 981-6300

34.  Contract: Geotechnical/Engineering Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mactec Engineering and Consulting, Inc. to provide geotechnical and engineering testing support services for various projects for a period of 36 months in an amount not to exceed $865,719.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

35.  Contract: Seventh Street Improvements Project

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Ray’s Electric for the Seventh Street Improvements Project, increasing the existing contract by $30,000 for a total amount not to exceed $1,147,195.

Financial Implications: Mitigation Funding and Emergency Sewer Repairs – $30,000.

Contact: Rene Cardinaux, Public Works, 981-6300

36.  Five-Year Street Plan for FY 2005-2009

From: City Manager

Recommendation:  Adopt a Resolution adopting the updated Five-Year Street Plan for FY 2005-2009.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

37.  Sublease Agreement:  2809 Telegraph Avenue

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a sublease agreement with Internet-Journals, Inc. (dba as The Berkeley Electronic Press and bepress) for office space located at 2809 Telegraph Avenue, Suite 202 for term to end December 14, 2006 at a rent of $3,000 per month.

Financial Implications:  Revenue - $85,489 for term of sublease.

Contact:  Rene Cardinaux, Public Works, 981-6300

38.  Lease Agreement: 2446 Durant Avenue Sather Gate Shops

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, (Moe’s Flowers) for retail space, located at 2446 Durant Avenue for the purpose of operating a retail flower store for the period 2004-2014 at a starting rent of $19,200 annually.

Financial Implications: Off Street Parking Fund – Revenue: $25,000 annually.

Contact: Rene Cardinaux, Public Works, 981-6300

39.  Tires for City Fleet Vehicles and Equipment

From: City Manager

Recommendation: Adopt a Resolution accepting the bid for automotive tires for City vehicles and equipment and authorizing the City Manager to issue a purchase order to Inland Industrial Tire in Hayward for a total amount not to exceed $125,094 for FY 2005, with the option to extend for additional twelve-month periods up to a maximum of five years.

Financial Implications: Equipment Maintenance Fund - $125,094 in FY 2005.

Contact: Rene Cardinaux, Public Works, 981-6300

40.  Ocean Protection Bills (PDF, 318 KB)

From: Councilmember Maio

Recommendation:  Direct the City Manager to write a letter to Governor Schwarzenegger urging him to sign ocean protection bills into law this year: SB 1318 and 1319 (Burton and Alpert), AB 2672 (Simitian), AB 2093 (Nakano), AB 2529 (Kehoe), SB 512 (Figueroa) and SB 1459 (Albert).

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

41.  Support the Seyed Hosseim Modarressi School in the City of Bam in the Islamic Republic of Iran (PDF, 259 KB)

From: Councilmember Maio

Recommendation:  1) Formally support the local effort to raise funds to build the “Seyed Hosseim Modarressi School” in the City of Bam in the Islamic Republic of Iran; 2) encourage all Berkeleyans and others to support this effort with financial contributions; and 3) declare the City’s willingness to consider the establishment of a sister city relationship with the City of Bam.

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

42.  Oppose Computer Assisted Passenger Pre-Screening System II (CAPS II) (PDF, 477 KB)

From: Councilmember Worthington

Recommendation:  Oppose Computer Assisted Passenger Pre-Screening System II (CAPS II), which would perform secretive background checks on airline travelers; and send letters to Senators Boxer and Feinstein and Representative Lee stating opposition.

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

43.  Implementation of Instant Runoff Voting  (PDF, 189 KB)

From:  Councilmembers Spring and Hawley

Recommendation:  Request the City Manager send a letter to the Alameda County Board of Supervisors requesting implementation of Instant Runoff Voting (IRV) in future Berkeley elections.

Contact:  Dona Spring, Councilmember District 4, 981-7140; Miriam Hawley, Councilmember District 5, 981-7150

44.  Peace Lantern Ceremony

a.      From: Peace and Justice Commission  (PDF, 206 KB)

Recommendation:  Adopt a Resolution endorsing the Third Annual Berkeley Peace Lantern Ceremony to be held on Saturday, August 7, 2004.

Financial Implications: None.

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager (PDF, 48 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 – Appeals

45.  Appeal: 1820 Solano Avenue, Unit A

a.      From: City Manager

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving “incidental” food service in a retail bakery located at 1820 Solano Avenue, Unit A, thereby exceeding the quota for food service establishments in the C-SO district; and dismissing the appeal.

Contact: Dan Marks, Planning, 981-7400

b.      Appeals

1.      Jerry Landis

c.       Communications

 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

46.  Administrative Fees for Towed Vehicles

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution increasing the fee for towed vehicles from $75 to $120 for vehicles towed under California Vehicle Code Sections 22651 O, P, I, K, J; 53675.61 and 22669 D (authority to remove a vehicle from the roadway) and 14602 (driving with suspended license) and rescinding Resolution No. 60,092–N.S.

Contact: Roy Meisner, Police, 981-5700

47.  Administrative Fees for Fingerprinting of Non-Residents

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion: 1) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.64.150 to establish administrative fees for the fingerprinting of non-residents be set by Council resolution and 2) adopt a Resolution, to be effective upon the effective date of the ordinance, increasing the administrative fee for fingerprinting of non-residents from $20 to $32.

Contact: Roy Meisner, Police, 981-5700

48.  Fees for Good Conduct Letters

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 2.64.130, to establish fees for Good Conduct letters be set by Council resolution; and 2) adopt a Resolution, to be effective upon the effective date of the ordinance, increasing the fees for Good Conduct letters from $10 to $20.

Contact: Roy Meisner, Police, 981-5700
  

Action Calendar – Old Business

49.  Major Residential Addition Policy Interpretations (CF 32-03, 41-03, 46-03)(Moved to Action by Councilmember Spring on June 8, 2004)

From:  City Manager

Contact: Dan Marks, Planning, 981-7400

50.  Library Purchasing and Accounts Payable Audit (Moved to Action by Councilmember Wozniak on June 8, 2004)

From: City Auditor

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


Action Calendar – New Business

51.  Initiative Petition: Enforcement of State Prostitution Laws (Angel's Initiative)

From: City Manager

Recommendation:  Take one of the following actions as provided by Sections 92(3 and 4) of the Charter of the City of Berkeley: 1) pass the Ordinance without alteration within 20 days after the attachment of the City Clerk’s certificate of sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance, without alteration, to a vote of the people at the November 2, 2004 General Municipal Election and provide comments on the City Attorney’s analysis of the initiative and the ballot title.

Contact: Sherry Kelly, City Clerk, 981-6900

52.  Initiative Petition: Patient's Access to Medical Cannabis Act of 2004

From: City Manager

Recommendation:  Take one of the following actions as provided by Sections 92(3 and 4) of the Charter of the City of Berkeley: 1) pass the Ordinance without alteration within 20 days after the attachment of the City Clerk’s certificate of sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance, without alteration, to a vote of the people at the November 2, 2004 General Municipal Election and provide comments on the City Attorney’s analysis of the initiative and the ballot title.

Contact: Sherry Kelly, City Clerk, 981-6900

53.  Initiative Petition:  Public Tree Act of 2004

From:  City Manager

Recommendation:  Take one of the following actions as provided by Sections 92(3 and 4) of the Charter of the City of Berkeley: 1) pass the Ordinance without alteration within 20 days after the attachment of the City Clerk’s certificate of sufficiency to the petition; or 2) adopt a Resolution submitting the Ordinance, without alteration, to a vote of the people at the November 2, 2004 General Municipal Election and provide comments on the City Attorney’s analysis of the initiative and the ballot title.

Contact: Sherry Kelly, City Clerk, 981-6900

54.  Grant: Brownfields Economic Development Initiative for Ed Roberts Campus

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application for $2,000,000 for a Brownsfields Economic Development Initiative (BEDI) grant to the U.S. Department of Housing and Urban Development for construction of the Ed Roberts Campus.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

55.  Construction of Jubilee Senior Homes at 2577 San Pablo Avenue

From: City Manager

Recommendation:  Adopt a Resolution approving a fund reservation in the amount of $450,000 for construction of Jubliee Senior Homes from the Housing Trust Fund, with conditions, and authorize the City Manager to execute an amendment to the loan agreement with the applicant and all other documents related to this fund reservation.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

56.  Hazardous Materials Codes

From: City Manager

Recommendation:  Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapters 11.18 (Ordinance No. 6,056–N.S.) and 11.52 (Ordinance No. 6,271–N.S.) the hazardous materials codes, and reenacting these chapters in a new BMC Title 15, Hazardouse Materials, as Chapters 15.04, 15.08 and 15.12.

Contact: Dan Marks, Planning, 981-7400

57.  Hiroshima-Nagasaki A-Bomb Exhibition

a.      From: Peace and Justice Commission (PDF, 329 KB)

Recommendation:  Adopt a Resolution sponsoring the local presentation of the Hiroshima-Nagasaki A-Bomb Exhibition, contingent upon the successful identification of the necessary funds and other resources; and sending a letter to the City of Nagasaki Peace Promotion Office and the Mayors of Hiroshima and Nagasaki expressing gratitude for the honor of being invited to host the exhibit.

Financial Implications: See report.

Contact: Manuel Hector, Secretary, 981-5110

b.      From:  City Manager (PDF, 140 KB)

Recommendation:  Direct the commission to research to determine the costs involved with hosting the exhibition and to identify the individuals and organizations willing to provide funds to co-sponsor the exhibit prior to Council consideration.

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

58.  Arts and Cultural Plan

a.      From: Civic Arts Commission (PDF, 5 MB)

Recommendation:  Adopt a Resolution adopting the Arts & Cultural Plan.

Financial Implications: See report.

Contact: Mary Ann Merker, Secretary, 981-7533

b.      From: City Manager (PDF, 128 KB)

Recommendation:  1) Adopt the 2004 Arts & Cultural Plan; 2) refer all programs in the 2004 Arts & Culture Plan with any new fiscal implications to the budget process.

Contact: Tom Myers, Economic Development, 981-7530

59.  Santa Fe Right of Way

a.      From: Parks and Recreation Commission (PDF, 154 KB)

Recommendation: Encourage citizens to pursue the development of a continuous bike and pedestrian path on the remaining undeveloped portions of the Santa Fe Right-of-Way and to pursue foundation grants, and other private funding, to support path development.

Financial Implications: Undetermined.

Contact: Virginia Aiello, Secretary, 981-5148

b.      From: City Manager

Recommendation:  Refer the commission’s request regarding development and funding to the budget process.

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

60.  Encroachment Permit for Pedestrian Bridge over Hearst Avenue

a.      From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a major encroachment permit to the University of California for a pedestrian bridge crossing over Hearst Avenue east of La Loma Avenue on the following conditions: 1) an improved bridge design is submitted and approved by the Public Works Director, in consultation with the Design Review Committee; 2) any detrimental effects on the immediate community are offset by contributing to specified pedestrian safety and public infrastructure improvements in the “Hearst Corridor,” in the amount of $200,000; and 3) all plan check comments and other technical issues are resolved to the satisfaction of the Public Works Director.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300

b.      From: Public Works Commission (PDF, 3 MB)

Recommendation:  Deny the application from the University of California for an encroachment permit, either a Conditional or a Full Permit, for a Pedestrian Bridge over Hearst Avenue near La Loma Avenue.

Contact: Jeffrey Egeberg, Secretary, 981-6406

 

Information Reports

61.  Argument and Rebuttal Process

From: City Manager

Contact: Sherry Kelly, City Clerk, 981-6900

62.  Impact Report: Enforcement of State Prostitution Laws (Angel’s Initiative)

From:  City Manager

Contact:  Arrietta Chakos, City Manager, 981-7000

63.  Impact Report: Patient’s Access to Medical Cannabis Act of 2004

From:  City Manager

Contact:  Arrietta Chakos, City Manager, 981-7000

64.  Impact Report: Public Tree Act of 2004

From:  City Manager

Contact:  Arrietta Chakos, City Manager, 981-7000

65.  Public Health Emergency Preparedness Recognition

From: City Manager

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

66.  Euclid Avenue Use Quotas (CF 24-04)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

67.  Landmarks Preservation Commission Notice of Decision: Landmark Designation – 2145 University Avenue, 2154-60 University Avenue and 2120 Oxford Street

From: City Manager

Contact: Dan Marks, Planning, 981-7400

68.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit – 2426 Fulton Street

From: City Manager

Contact: Dan Marks, Planning, 981-7400


Communications

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

 


Adjournment