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

1.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of September 21, 2004 (regular).

Contact: Sherry Kelly, City Clerk, 981-6900

2.      Medical Marijuana Dispensaries

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.26 to impose a quota and deconcentration requirements on medical marijuana dispensaries, as requested by the City Council September 21, 2004.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

3.      Contract: Strategic Planning, Children's Mental Health Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lisa Warhuus, Ph.D. for strategic planning services in the Mental Health Division, Family, Youth and Children’s (FYC) Program, for the period October 13, 2004 through October 12, 2005, for an amount not to exceed $40,000.

Financial Implications: See report.

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

4.      Grant: High School Human Services Academies

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant from the Zellerbach Family Foundation for funds in the amount of $40,000 for the purpose of developing high school Human Service Academies, a model for engaging young people in health careers, for the period October 13, 2004 through October 12, 2005; and to execute a contract and any amendments with Lifelong Medical, Inc., in the amount of $40,000 to serve as the fiscal agent for this grant at a cost not to exceed $3,200 which is included in the grant award.

Financial Implications: See report.

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

5.      Franchise Agreement: Non-Exclusive Rubbish Hauling

From: City Manager

Recommendation:  Adopt a Resolution declaring intention to grant non-exclusive rubbish collection and transportation franchise for an indeterminate period to Golden Gate Disposal and Recycling Company (GGD&R) and scheduling a Public Hearing on November 16, 2004.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

6.      Contract: Corporation Yard Modular Offices

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Purchase and Installation of Modular Offices; 2) accepting the bid of Resun Leasing, Inc.; 3) waiving plan check, building inspection and permit fees; 4) 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 $640,000 toward the purchase of modular buidings and $406,000 toward associated construction, equipment and soft costs; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $640,000.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

7.      Contract: Street-Parking Pay Stations

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a five-year agreement with Cale Parking Systems USA, Inc. (Cale) to: 1) replace 284 single space meters located in the “Southside Pilot Area” with Pay and Display Stations for an initial amount not to exceed $332,460; 2) replace up to 568 additional single space meters for an amount of not to exceed  $665,000; and 3) provide a future system expansion plan to convert the enter City into Pay Stations within the next five years for an estimated total amount not to exceed $1,000,000.

Financial Implications: See report.

Contact: Peter Hillier, Transportation, 981-7010

8.      Oppose Proposition 64: Limits on Private Enforcement of Unfair Business Competition Laws (PDF, 758 KB)

From: Councilmember Worthington

Recommendation:  Oppose Proposition 64 which will place limits on Private Enforcement of Unfair Business Competition Laws.

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

9.      Double Fines in School Zones

a.      From: Transportation Commission

Recommendation:  Adopt an Ordinance amending Berkeley Municipal Code (BMC) Title 14, “Vehicles and Traffic,” by adding Chapter 14.65, “Double Fines,” Section 14.56.010 “Double Fines in School Zones,” in the Berkeley High School, Berkeley Alternative High School, Willard School, Malcom X School and Longfellow School zones, to double fines for motor vehicle moving violations, and to establish a pilot program, the Pedestrian and Bicycle School Safety Fund, which would be evaluated at the end of one year’s operation.

Financial Implications: See report.

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

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

Contact: Peter Hillier, Transportation, 981-7010.

10.  Benvenue Neighbors Association Proposal on American Baptist Seminary of the West (held over from July 20, 2004)

From: Councilmember Worthington

Recommendation: Refer to the City Manager the Benvenue Neighbors Association WIN-WIN-WIN proposal to address concerns about American Baptist Seminary of the West (ABSW).

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

11.  University Avenue Strategic Plan Height and Setback Standards and Review Consistency

From: City Manager

Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 23E.36 to implement the University Avenue Zoning Overlay in order to establish specific Height and Setback standards as provided for in the University Avenue Strategic Plan (UASP); and authorize the Office of Transportation and Department of Public Works to define a scope of study for consideration of funding to prepare a Comprehensive Parking Study and Plan for Streetscape Improvements in the University Avenue cooridor, as recommended in the UASP.

Financial Implications: See report.

Contact: Dan Marks, Planning, 981-7400

12.  Parking Meter Fund: Review Revenue and Expense Allocations

a.      From: Citizen’s Budget Review Commission (PDF, 192 KB)

Recommendation:  Direct staff to: 1) update allocation of revenues and expenses to the Parking Meter Fund (PMF); 2) continue the management oversight of the PMF by the Transportation Department; 3) focus on equipment vulnerabilities and new technology to improve meter availability and revenue; and 4) develop performance indicators and other financial benchmarks to better evaluate program productivity.

Financial Implications: None.

Contact: Tracy Vesely, Secretary, 981-7024

b.      From: City Manager

Recommendation:  Refer to Staff for analysis and report back to Council in December 2004.

Contact: Phil Kamlarz, City Manager, 981-7024

13.  Basic Life Support Ambulance Service

From: City Manager

Contact: David Orth, Fire, 981-3473

14.  Landmarks Preservation Commission Notice of Decision: 147 Tunnel Road - Approval of Structural Alteration

From: City Manager

Contact: Dan Marks, Planning, 981-7400

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

American Baptist Seminary of the West

1.      David C. Levy, Morrison & Foerster LLP