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.
7.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of July 13, 2004 (special and
regular) and July 20, 2004 (closed and regular).
Contact: Sherry Kelly, City
Clerk, 981-6900
8.
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
9.
Council Meeting Calendar – Year 2004
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 62,201–N.S., Council Regular
Meeting Schedule for Calendar Year 2004, to: 1) cancel the regular meeting on
September 28, 2004 and call a special meeting on the same date at 6:00 p.m.; 2)
add a regular meeting on October 26, 2004 and 3) cancel the regular meeting of
November 23, 2004.
Financial Implications: None.
Contact: Sherry Kelly, City
Clerk, 981-6900
10.
Council Meeting Calendar – Year 2005
From: City Manager
Recommendation: Adopt a Resolution
establishing a calendar for the City Council regular meetings for the Calendar
Year 2005 with starting times of 7:00 p.m. and special meetings for work
sessions to be scheduled for 5:00 p.m. prior to regularly scheduled Council
meetings.
Financial Implications: None.
Contact: Sherry Kelly, City
Clerk, 981-6900
11.
Conflict of Interest Code
From: City Manager
Recommendation: Adopt a Resolution
approving a revised Conflict of Interest Code and rescinding Resolution No.
62,218‑N.S.
Financial Implications: None.
Contact: Sherry Kelly, City
Clerk, 981-6900
12.
Contract: Berkeley Alliance
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Berkeley Alliance and to reallocate $70,000 for volunteer coordination efforts
for the Berkeley Champions for Kids Program for the period July 1, 2004 to June
30, 2005.
Financial Implications: General Fund – $70,000.
Contact: Arrietta Chakos,
City Manager, 981-7000
13.
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 but not yet received.
Financial Implications: Various sources – $3,442,255
Contact: Fran David,
Finance, 981-7300
14.
Contract: Needle Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with the
Needle Exchange Emergency Distribution for HIV prevention syringe exchange
services to increase the amount by $52,000 for a total not to exceed $156,000
and to extend the period to June 30, 2005.
Financial Implications: General Fund – $52,000.
Contact: Fred Medrano,
Health and Human Services, 981-5100
15.
Lease Agreement: 1947 Center Street –Basement
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement with the
City of Richmond, California (Richmond Works) for program space, located at
1947 Center Street, Basement, for the purpose of operating a One Stop Career
Center for the period of October 28, 2004 through June 30, 2006.
Financial Implications: See report.
Contact: Fred Medrano,
Health and Human Services, 981-5100
16.
Contract: Legal Services – Hanson Bridgett Marcus Vlahos Rudy
LLP
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to make payments to Hanson Bridgett Marcus Vlahos
Rudy LLP (Hanson Bridgett) in an amount not to exceed $40,000 for legal
services pertaining to federal and state tax issues for the period of July 1,
2004 through June 30, 2005.
Financial Implications: General Fund – $40,000.
Contact: Dave Hodgkins,
Human Resources, 981-6800
17.
Fire Prevention Manager
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 61,812–N.S., Clarification and Salary Resolution for
Unrepresented Employees, to add the title and salary range of the non-sworn
Fire Prevention Manager in Representation Unit Z1 (Executive and Confidential
Management Employees).
Financial Implications: See report.
Contact: Dave Hodgkins,
Human Resources, 981-6800
18.
Contract: Employee Basic and Supplemental Life Insurance
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments for life
insurance with Fortis Benefits Insurance Company (Fortis) to provide basic and
supplemental life insurance for the period of October 1, 2004 through December
31, 2007.
Financial Implications: Savings – $34,000 in FY 2005.
Contact: Dave Hodgkins,
Human Resources, 981-6800
19.
Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution
amending and extending the supplemental military leave benefit to an aggregate
of 24-months of active military service that must be taken within 36-months
retroactive to February 13, 2003 to May 31, 2005 and rescinding Resolution No.
61,690–N.S. and all amending resolutions.
Financial Implications: See report.
Contact: Dave Hodgkins,
Human Resources, 981-6800
20.
Grant and Contract: Bay Trail Extension to the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution: 1) accepting
a grant up to $80,000 from the California State Coastal Conservancy to prepare
bid documents for construction the first phase of the Bay Trail Extension to
the Berkeley Marina project; 2) allocating up to $50,000 from Parks Tax funds
as a local match; 3) authorizing the City Manager to execute contracts and any
amendments with the Conservancy; and 3) further authorizing the City Manager to
issue a Request for Proposals to retain consultants to prepare bid documents
for the proposed improvements.
Financial Implications: Grant Revenue – $80,000; Matching Funds: Parks Tax
Fund – $50,000.
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
21.
3000 Shasta Road Fire Station – Exchange of Properties
From: City Manager
Recommendation: Adopt first reading of an
Ordinance conveying the Potter Street right-of-way west of the Eastshore
Freeway to the East Bay Regional Park District (EBRPD) and accepting Shasta
Road from Grizzly Peak Boulevard to the City boundary.
Financial Implications: None.
Contact: Rene Cardinaux,
Public Works, 981-6300
22.
Contract: Hills Fire Station
From: City Manager
Recommendation: Adopt a Resolution: 1)
approving plans and specifications for construction of Hills Fire Station; 2)
accepting the bid of _______; 3) waiving building inspection fees; 4)
authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $__________, for a period of 280 calendar days.
Financial Implications: ______________
Contact: Rene Cardinaux,
Public Works, 981-6300
23.
Contract: Cooling of Civic Center Building Server Room
From: City Manager
Recommendation: Adopt a Resolution: 1)
approving plans and specifications for a new cooling system for the Server Room
at 2180 Milvia Street; 2) accepting the bid of _______; 3) waiving building
inspection fees; 4) authorizing the City Manager to execute a contract and any
amendments in an amount not to exceed $110,000.
Financial Implications: General Fund – $110,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
24.
Contract: Street Rehabilitation FY 2005 Phase I Project
From: City Manager
Recommendation: Adopt a Resolution: 1)
approving plans and specifications for the Street Rehabilitation FY 2005 Phase
I Project; 2) accepting the bid of Gallagher & Burk, Inc.; and 3)
authorizing the City Manger to execute a contract and any amendments in an
amount not to exceed $1,065,840 for the period of 120 calendar days.
Financial Implications: State Gas Tax Fund – $10,000; Measure B Sales Tax
Fund – $90,000; Capital Improvement Fund – $1,157,813.
Contact: Rene Cardinaux,
Public Works, 981-6300
25.
Grant Application: Repaving University Avenue
From: City Manager
Recommendation: Adopt a Resolution
authorizing: 1) the filing of an application for Federal Surface Transportation
Program Funding for repaving University Avenue; 2) committing the necessary
non-federal match for the project; 3) stating assurance to complete the
project; and 4) authorizing the City Manager to accept the grant and to execute
and resultant agreements and amendments.
Financial Implications: See report.
Contact: Rene Cardinaux, Public
Works, 981-6300
26.
Purchase Order: Two Aerial Bucket Trucks
From: City Manager
Recommendation: Adopt a Resolution
accepting the City and County of San Francisco’s bid procedures to satisfy the
requirement of Berkeley Charter Section 67, and authorizing the City Manager to
execute a purchase order with Terex Utility West in an amount not to exceed
$175,500 to purchase two Aerial Bucket Trucks for the Public Works Department.
Financial Implications: Equipment Replacement Fund – $175,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
27.
Tract Map 7533: Six-Unit Condominium Project
From: City Manager
Recommendation: Adopt a Resolution
approving the final map of Tract Map 7533, a six-unit condominium project
located at 915-25 Pardee Street.
Financial Implications: None.
Contact: Rene Cardinaux,
Public Works, 981-6300
28.
Contract: Installation of Thermoplastic Roadway Markings
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a three-year, on call contract and any
amendments with Chrisp Company to provide and install thermoplastic roadway
markings for FY 2005 in an amount not to exceed $102,114 with an estimated
three-year total no to exceed $400,000.
Financial Implications: See report.
Contact: Peter Hillier,
Transportation, 981-7010
29.
Support Proposition 63: California Mental Health Services Act
Initiative (PDF, 136 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution in
support of Proposition 63, the California Mental Health Services Act Initiative
which would create a 1% tax on taxable income over $1 million to provide
dedicated funding for expansion of mental health services and programs.
Contact: Tom Bates, Mayor,
981-7100
30.
Support Proposition 63: California Mental Health Services Act
Initiative (PDF, 817 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 63
which would add a 1% tax on personal incomes above $1 million to provide
dedicated funding for expansion of mental health services and programs.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
31.
Request for Presentation: The Bread Project
(PDF, 103 KB)
From: Councilmember Breland
Recommendation: Schedule a presentation by
The Bread Project. Representatives from The Bread Project request the
opportunity to make a brief presentation regarding their work and to address their
need of the following support: 1) One-time assistance with their move to the
new Berkeley Adult School location; and 2) On-going support of their job
training and placement program.
Contact: Margaret Breland,
Councilmember District 2, 981-7120
32.
Medical Marijuana Dispensaries
(PDF, 316 KB)
From: Councilmembers Maio and Breland
Recommendation: Refer to the City Manager
the request to develop an Ordinance that established a quota on the number of
Medical Marijuana Dispensaries at no greater than three, and to ensure that
they are reasonably located away from schools and not concentrated in one
particular area.
Contact: Linda Maio,
Councilmember District 1, 981-7110 and Margaret Breland, Councilmember District
2, 981-7120
33.
Support Measure CC:
Environmental Maintenance (PDF, 376 KB)
From: Councilmember Olds
Recommendation: Endorse Measure CC placed
on the November ballot by the East Bay Regional Parks District to support and
fund specific environmental maintenance projects within the western portion of
Alameda and Contra Costa Counties.
Contact: Betty Olds,
Councilmember District 6, 981-7160
34.
Support AB 1876: Healthy Bay Beaches
(PDF, 215 KB)
From: Councilmember Olds
Recommendation: Write a letter to Governor
Schwarzenegger urging approval of AB1876 which would require consistent
monitoring of toxin levels at Bay beaches located near streams or storm drains,
with 50,000 or more annual visitors.
Contact: Betty Olds,
Councilmember District 6, 981-7160
35.
Proclamation: 9th
Annual Watershed Environmental Poetry Festival (PDF,
23 KB)
From: Councilmember Worthington
Recommendation: Approve a proclamation for
the 9th Annual Watershed Environmental Poetry Festival and extend
the sound permit (12-4 p.m.) by one hour (12 to 5 p.m.)
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
36.
Support
Grocery
Employees from United Food and Commercial Workers Bay Area Coalition (PDF,
30 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution in
support of United Food and Commercial Workers (UCFW) Bay Area Coalition as they
enter negotiations with grocery employers, encouraging fair bargaining and
protection of employee and family healthcare.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
37.
Support Prescription Drug Bills
(PDF, 2 MB)
From: Councilmember Worthington
Recommendation: Support the California Public
Interest Research Group (CALPIRG) and write a letter to Governor Schwarzenegger
urging approval and signature of seven prescription drug bills with the goal of
reducing high-cost prescriptions and making Canadian prescription drugs
available to American consumers: SB 1765 (Sher), AB 1958 (Frommer), AB 1957
(Frommer), SB 1149 (Ortiz), SB 1144 (Burton), SB 1333 (Perata), and AB 1960
(Pavley).
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
38.
Supports Proposition 59: Public Records, Open Meetings
(PDF, 509 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 59, a
“sunshine” measure encouraging public access to government meetings and
documents while preserving constitutional rights including: rights of privacy,
due process, equal protection, existing constitutional and statutory
limitations restricting access to certain meetings and records of government
bodies and officials, including law enforcement and prosecution records.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
39.
Support Proposition 60: Election Rights of Political Parties
and Oppose Proposition 62: Elections, Primaries (PDF, 1 MB)
From: Councilmember Worthington
Recommendation: Support Proposition 60
which provides the right for a political party participating in a primary
election for partisan office to also participate in the general election for
that office and oppose Proposition 62 which allows only the top two
vote-getters in the primary to advance to the general election ballot.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
40.
Support Proposition 66: Limitations on “Three Strikes” Law
(PDF, 647 KB)
From: Councilmember Worthington
Recommendation: Support Proposition 66
which would amend and redefine sentencing under the Three Strikes law to better
reflect the nature of the crime(s) committed.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
41.
Support Proposition 72: Health Care Coverage Requirements
(PDF, 1 MB)
From: Councilmember Worthington
Recommendation: Support Proposition 72
which would ensure that medium and large employers provide a minimum standard
of financial commitment to provide individual and dependent health care
coverage for employees.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
42.
FY 2005 Civic Arts Commission Grant Funding Recommendations
a.
From:
Civic Arts Commission (PDF, 641 KB)
Recommendation: Adopt a Resolution
approving the Civic Arts Commission funding recommendations authorizing 63
grants to various organizations to support arts and cultural activities during
FY 2005 in the amount of $246,848.
Financial Implications: See report.
Contact: MaryAnn Merker,
Secretary, 981-7533
b. From:
City Manager (PDF, 58 KB)
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Tom Myers, Economic
Development, 981-7530
43.
University Avenue Pedestrian Improvement Plan
a. From:
Transportation Commission (PDF, 396 KB)
Recommendation: Adopt the recommendations
listed in the “Summary: Pedestrian Friendly University Avenue Corridor Plan” to
augment the 1996 University Avenue Strategic Plan.
Financial Implications: Unknown.
Contact: Peter Hillier,
Secretary, 981-7010
b. From:
City Manager (PDF, 54 KB)
Recommendation: The City Manager takes no
position concerning the recommendations of the Commission.
Contact: Peter Hillier,
Transportation, 981-7010
