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.
University Avenue
Strategic Plan Height and Setback Standards and Review Consistency
(First Reading November 9,
2004, Abstain – Olds)
From: City Manager
Recommendation: 1) Adopt the second
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).
Financial Implications: See report.
Contact: Dan Marks,
Planning, 981-7400
2.
Non-Exclusive Rubbish Hauling Franchise (First Reading – November
16, 2004, Absent – Bates)
From: City Manager
Recommendation: Adopt the second reading of an Ordinance granting non-exclusive franchise
for rubbish collection and transportation to Golden Gate Disposal and Recycling
Company and directing the City Manager to negotiate a Franchise Agreement with
this company.
Financial Implications: Refuse Fund – Increased revenue.
Contact:
Rene Cardinaux, Public Works, 981-6300
3.
Confirming Results of November 2, 2004 General Municipal
Election
From: City Manager
Recommendation: Adopt a Resolution
confirming the results of the November 2, 2004 General Municipal Election and
declaring the passage of: 1) Measure I
– Charter Amendment changing the date of the mayoral elections; 2) Measure N –
Ordinance increasing the appropriation limit under Article XIIIB of the
California Constitution; 3) Measure O – Ordinance amending Berkeley Municipal
Code (BMC) Section 13.76.110, relating to annual general adjustments of rent
ceilings; and 4) Measure P – Ordinance amending Berkeley Municipal Code (BMC)
Chapter 13.76, Rent Stabilization and Eviction for Good Cause Ordinance.
Contact: Sherry M. Kelly, City Clerk, 981-6900
4.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of November 9, 2004 (regular)
and November 16, 2004 (special and regular).
Contact: Sara Cox, City
Clerk, 981-6900
5.
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: Sara Cox, City
Clerk, 981-6900
6.
Amendment to the FY 2005 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2005 Annual
Appropriations Ordinance No. 6808 for fiscal year 2005 based upon recommended
re-appropriation of committed FY 2004 funding and other adjustments authorized
since July 1, 2004, in the amount of ________________.
Financial Implications:
Contact: Tracy Vesely, City
Manager, 981-7000
7.
Contract: Air Rights at Ashby Bart - Ed Roberts Campus
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with Ed
Roberts Campus (ERC) to assign the City’s option to the air rights over the
eastern parking lot of the Ashby BART station through May 2007, concurrent with
the option agreement between BART and the ERC.
Financial Implications: Loss of value of air rights.
Contact:
Tom Myers, Economic Development, 981-7530
8.
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 funds – $1,486,000.
Contact: Fran David,
Finance, 981-7300
9.
Local Emergency from Influenza Vaccine Shortage
From: City Manager
Recommendation: Adopt a Resolution reviewing
and confirming the continued existence of a local emergency concerning limited
influenza vaccine supplies.
Financial Implications: None.
Contact: Fred Medrano,
Health and Human Services, 981-5100
10.
Contract: Energy Measurement and Verification Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Summit Blue Consulting, LLC for energy program evaluation, measurement and
verification services in the amount of $25,865 for the period of August 2, 2004
through July 31, 2006.
Financial Implications: CA Public Utilities Commission Grant – $25,865.
Contact: Stephen Barton,
Housing, 981-5400
11.
Classification: Landscape Architect Class Series
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,805–N.S. Classification and
Salary Resolution for SEIU, Local 535, to change the title of Landscape
Architect (non-registered) to Landscape Designer and to change the title of
Landscape Architect (registered) to Landscape Architect, with new
classification specifications.
Financial Implications: None.
Contact: David Hodgkins,
Human Resources, 981-6800
12.
Donation to Extend Operations at West Campus Pool
From: City Manager
Recommendation: Adopt a Resolution accepting
a donation from the United Pool Council (UPC); amending the Aquatics budget to
add $13,316, reflecting the new revenue; and extending pool operations at West
Campus Pool through the winter months.
Financial Implications: Donation – $13,316.
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
13.
Joint Powers Implementing Agreement for Gilman Street Sports
Fields
From: City Manager
Recommendation: Adopt two Resolutions: 1)
authorizing the City Manager to execute an agreement among five JPA cities
(Albany, Berkeley, El Cerrito, Emeryville and Richmond) to implement Section 3
of the initial Joint Exercise of Powers agreement, authorized on November 18,
2003, to develop the Gilman Street Sports Fields; and 2) authorizing the City
Manager to execute a cooperative funding agreement with East Bay Regional Park
District (EBRPD) to pass through grant funds from California State Parks ($3
million from the Urban Parks Act grant program) to the City to develop the
Gilman Street Sports Fields; and amending the FY 2004-2005 budget appropriation
for the Parks Recreation & Waterfront Department to add $3million in grant
revenue and create a budget code for this project.
Financial Implications: State Urban Parks Act Grant – $3,000,000
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
14.
Grant: Office of Traffic Safety - DUI Checkpoints
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to accept a mini-grant from the State of
California, Office of Transportation (OTS) for $19,253 to fund three additional
DUI Checkpoints, from December 1, 2004 until January 10, 2006.
Financial Implications: Grant – $19,253.
Contact: Roy Meisner,
Police, 981-5700
15.
Contract: Off-Street Parking Management - Parking Concepts,
Inc.
From: City Manager
Recommendation: Adopt a Resolution
amending the agreement with Parking Concepts Inc. (PCI) to increase the total
amount of the off-street parking management contract for the first five-year
period by an amount not to exceed $63,073, and for the two additional one-year
extension periods by an amount not to exceed $31,536 for a total contract
amount not to exceed $94,609 representing a 1.014% increase over the existing
expenditure limits of the contract in order to allow for operational
adjustments which improve service and revenue.
Financial Implications: Off-street Parking Fund – $63,073.
Contact: Peter Hillier,
Transportation, 981-7010
16.
Selection of Vice Mayor and Agenda Committee Members
(PDF, 60 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution appointing Councilmember Linda Maio as Vice Mayor and
appoint Councilmembers Gordon Wozniak and Linda Maio to the Agenda Committee.
Contact: Tom Bates, Mayor,
981-7100
17.
Legislative Aide’s Participation in Voluntary Time Off (VTO)
(PDF, 66 KB)
From: Councilmember Maio
Recommendation: Transfer funds to the
General Fund that result from Legislative Aide’s participation in the Voluntary
Time Off Program (VTO).
Contact: Linda Maio,
Councilmember District 1, 981-7110
18.
Fundraising for Animal Shelter
a. From:
Citizens Humane Commission (PDF, 262 KB)
Recommendation: Adopt a Resolution
approving fundraising by the Citizens Human Commission to benefit Spay/Neuter
your Pet (SNYP) and other direct animal care programs and that any and all
money raised through fundraising be deposited into the Animal Services donation
account.
Financial Implications: None.
Contact: Kate O’Connor,
Secretary, 981-6601
b. From:
City Manager
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Jim Hynes, City
Manager, 981-2493
Action
Calendar – Old Business
20.
Encroachment Permit:
UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) (held over from November
9, 2004)
a. From: City Manager (July 13, 2004 Report)
Recommendation: Adopt a Resolution authorizing the City
Manager to issue a major encroachment permit to the University of California
for a pedestrian bridge crossing (Foothill) 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 (July 13, 2004 Report)
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
c.
From: Public Works Commission (November 9, 2004 Report)
Recommendation: Should Council pursue the
option of issuing a permit with mitigations, the following language should be
adopted: “Whereas this project and its application for an encroachment permit
have a unique history, therefore this permit does not create a precedent for
future requests for such permits; and in the future, any such encroachment
permits should be secured before any part of intended construction is begun.”
Financial Implications: None.
Contact:
Jeffrey Egeberg, Secretary, 981-6406
d.
Communications (November
9, 2004)
1.
David Mandel, Facilities Services, Physical and Environmental
Planning at U.C. Berkeley, care of Jeff Egeberg, Public Works Department
21.
Strawberry Creek (Held over from July 20, 2004)
From: Councilmember Spring and Mayor Bates
Recommendation: Adopt a Resolution supporting the daylighting of Strawberry Creek in
downtown.
Contact:
Dona Spring, Councilmember District 4, 981-7140
Action
Calendar – New Business
22.
San Pablo Avenue Public Improvements Plan
From: City Manager
Recommendation: Adopt a Resolution approving
the San Pablo Avenue Public Improvements Plan to guide future development of
public improvements along San Pablo Avenue.
Financial Implications: See report.
Contact:
Tom Myers, Economic Development, 981-7530
23.
Funding for Construction of Sacramento Senior Homes’
Apartments at 2517 Sacramento Street
From: City Manager
Recommendation: Adopt a Resolution
approving a fund reservation in the amount of $727,072 from the Housing Trust
Fund (HTF) in order to complete construction of Sacramento Senior Homes’ Apartments
and authorizing the City Manager to execute a development loan agreement and
any amendments and all other documents related to this fund allocation.
Financial Implications: Housing Trust Fund – $727,072.
Contact: Stephen Barton,
Housing, 981-5400
24.
David Brower Memorial Sculpture
a. From:
Civic Arts Commission (PDF, 449 KB)
Recommendation: Approve the proposed David
Brower memorial offered at no cost to the City for possible installation at a
site to be determined, in accordance to the conditions set forth in the report.
Financial Implications: None.
Contact: Mary Ann Merker,
Secretary, 981-7533
b. From:
City Manager
Recommendation: The City Manager takes no
position concerning the recommendations of the Commission.
Contact: Tom Myers, Economic
Development, 981-7530
25.
Neighborhood Traffic Calming Policy
a. From:
Transportation Commission (PDF, 292 KB)
Recommendation: Direct the City Manager to
apply the following policies when developing and assessing new neighborhood
traffic management plans: 1) when funds next become available for the installation
of traffic calming circles, the five traffic circles identified on the waiting
list in the staff Council report of July 20, 2004, should be the next priority
for installation in the order presented in that report; and 2) beyond the five
noted above, no additional neighborhood traffic calming plans should be
recommended to Council until neighborhood traffic calming plan criteria and
approval procedures have been adopted by the City, and the new plans are
evaluated and processed in accordance with the new procedures.
Financial Implications: Various Funds – $100,000-$125,000
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
