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 carried over to the next regular meeting.
1.
Downtown Berkeley Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution: 1) approving
the 2004 Annual Report of the Downtown Berkeley Business Improvement District
(BID); 2) declaring an intention to levy an annual assessment for the Downtown
Berkeley Business Improvement District for Calendar Year 2004; and 3) directing
the City Clerk to schedule a public hearing for November 18, 2003, to consider
levying a renewed assessment for the year 2004.
Contact: Tom Myers, Economic
Development, 981-7530
2.
Solano Avenue Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution
declaring an intention to establish the Berkeley Solano Avenue Business
Improvement District (the “District”) and directing the City Clerk to schedule
a public hearing from November 18, 2003, to consider establishment of the
District.
Contact:
Tom Myers, Economic Development, 981-5300
3.
Contract: Consumer Liaison and Peer Counseling Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with Peers
Envisioning and Engaging in Recovery Services to increase the amount by $82,563
for a total not to exceed $122,963 and extend the term to December 31, 2004 for
consumer liaison and peer counseling services.
Contact: Fred Medrano, Health and Human Services, 981-5100
4.
Purchase Order: Prescription Medicines
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) issue a Purchase Order to United Pharmacy
for prescription medicines in an amount not to exceed $220,000 for the period
August 1, 2003 through June 30, 2004; 2) make payment to United Pharmacy for
psychiatric medications provided in June and July 2003 in the amount of
$34,910; and 3) make prior year payments made to United Pharmacy in the amount
of $2,215,091 for the period October 15, 1991 through May 31, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
5.
Contract: Lighting Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with Smith
Rauch Lighting Services, Inc. for lighting and installation services increasing
the amount by $20,000, for a total not to exceed $320,000.
Contact: Stephen Barton, Housing, 981-5400
6.
Energy Efficiency Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to: 1) accept up to three grants from the California Public
Utilities Commission; and 2) if awarded, execute revenue contracts and any
amendments for such grants with PG&E, the Community Energy Services
Corporation and Quantum Consulting for community energy efficiency services in
the approximate amount of $382,000 for the period January 1, 2004 to December
31, 2005.
Contact: Stephen Barton, Housing, 981-5400
7.
SRIP II Long-Term Disability Insurance Premium Increase
From: City Manager
Recommendation: Adopt a Resolution
approving a premium rate increase for the UnumProvident Life Insurance Company
(formerly UNUM) Long-Term Disability (LTD) insurance plan from $0.52 for every
$100 of active participants’ covered salaries to $0.81 for every $100 of active
participants’ covered salaries, for an additional cost of $108,800 for most
non-sworn employees effective November 1, 2003 through June 30, 2004.
Contact:
Nicki Spillane, Human Resources, 981-6800
8.
Formation of East Bay Sports Field Recreation Authority (Joint
Powers Authority)
From: City Manager
Recommendation: Approve the formation of
and membership in the East Bay Sports Field Recreation Authority, a Joint
Powers Authority, for the purpose of developing, maintaining and operating
sports fields in the Eastshore Park and other East Bay locations; and appoint a
member and an alternate to the Berkeley City Council to the governing board.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
9.
Contract: 1947 Center Street Tenant Improvements, Phase I
From: City Manager
Recommendation: Adopt a Resolution
increasing the City Manager’s contract authorization for the 1947 Center Street
Tenant Improvement project by $400,000 to a total not to exceed $3,950,000.
Contact: Rene Cardinaux, Public Works, 981-6330
10.
Lease: California
Department of Transportation
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a five-year lease agreement
with one five-year option to extend the term and any necessary amendments with
the State of California Department of Transportation (CalTrans) for the vacant
lot located at I-80/University Avenue underpass at Second Street, known as
freeway lease area number 04-ALA-80-01 in an amount not to exceed $61,500 which
includes monthly lease payments, operating expenses, insurance, options and
security deposit to accommodate storage space for City departments.
Contact:
Rene Cardinaux, Public Works, 981-6330
11.
East Bay Sports Field Recreation Authority
From: City Manager
Recommendation: Adopt a Resolution approving the
formation of and membership in the East Bay Sports Field Recreation Authority,
a Joint Powers Authority, for the purpose of developing, maintaining and
operating sports fields in the Eastshore Park and other East Bay locations, and
appointing a member and alternate of the Council to the governing board.
Contact: Lisa
Caronna, Parks and Waterfront, 981-6700
12.
Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the
Sanitary Sewer Project located at Adeline Street, Harmon Street, Julia Street,
Ward Street, Canyon Road, Ada Street, Ordway Street, Rose Street, Santa Barbara
Road and Florida Avenue; 2) accepting the bid of McNamara and Smallman
Construction, Inc.; and 3) authorizing the City Manager to execute a contract
and any amendments in accordance with the approved plans and specifications, in
an amount not to exceed $1,179,442 for the period of 220 calendar days.
Contact: Rene Cardinaux, Public Works, 981-6330
13.
Participation in Clean Air Consortium (PDF, 281 KB)
From: Mayor Bates
Recommendation: Authorize the City to join
the Clean Air Consortium sponsored by the Bay Area Quality Management District
and direct the City Manager to reduce activities that pollute on “Spare the
Air” Days.
Contact: Tom Bates, Mayor, 981-7100
14.
Support State Prevailing Wage Law (PDF, 202 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution
supporting the state prevailing wage law and ensuring the City will not
participate in efforts to overturn the City of Long Beach court decision.
Contact: Tom Bates, Mayor, 981-7100
15.
Clarity, Priority and Responsibility Plan for Telegraph Avenue
(PDF, 71 KB)
From: Councilmember Worthington and Mayor Bates
Recommendation: Support the Clarity,
Priority and Responsibility Plan (CPR) for Telegraph Avenue: 1) creating a
clear policy brochure to address questions of what laws prohibit and permit; 2)
committing sufficient Police Department staffing to the Telegraph area: 3)
requesting U.C. Berkeley restore staffing to the Telegraph area patrol; and 4)
restoring Community Health and Safety Team staffing as needed.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
16.
Eco-Pass Program (PDF, 89 KB)
From: Councilmember Worthington
Recommendation: Support inclusion of the
Eco-Pass program into the Regional Transportation Program (RTP) and expansion
of the Eco-Pass to additional employers, including consideration by the City,
the Berkeley Unified School District (BUSD), and regional agencies of whether
to include this in future ballot measures. Refer to the BUSD the possibility of
adding the Eco-Pass into a future ballot measure.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
17.
Appointments to the Mental Health Commission
a.
From: Mental Health Commission (PDF, 154 KB)
Recommendation: Adopt a Resolution reappointing Artensia Barry, Special Public Interest
Category, and James Rinaldi, General Public Interest Category, to the Mental
Health Commission for three-year terms beginning October 22, 2003 and ending
October 21, 2006.
Contact: Harvey
Tureck, Secretary, 981-5213
b.
From: City Manager (PDF, 46 KB)
Recommendation: The City Manager concurs with the content and recommendations of the
report.
Contact: Fred Medrano, Health and Human Services, 981-5100
18.
Duties and Functions of the Waterfront Commission
a. From:
Waterfront Commission (PDF,
244 KB)
Recommendation: Adopt first reading on an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.060 (B) to delate
“,Aquatic Park” from the duties and functions of the Waterfront Commission.
Contact: Cliff Marchetti, Secretary,
981-6376
b. From:
City Manager (PDF, 53 KB)
Recommendation: The City Manager concurs with
the content and recommendation of the report.
Contact: Lisa Caronna, Parks
and Waterfront, 981-6700
Action Calendar – Public
Hearing
20.
Appeal: 1600 Shattuck Avenue
a.
From: City Manager
Recommendation: Continue the public hearing to December 16, 2003 or
an alternative date to be determined to allow adequate time for public review
of an engineering report providing independent evaluation of technical aspects
of the proposed project, and the attendance of all involved parties.
Contact: Dan Marks, Planning, 981-7400
b. From:
City Manager (September
16, 2003)
Recommendation: Conduct a Public Hearing, allowing each of the two appellants and the
applicant five minutes each to summarize their position, and continue the
hearing until October 21, 2003 to allow adequate time for public view of an
engineering report providing independent evaluation of technical aspects of the
proposed project.
Contact: Dan Marks, Planning, 981-7400
c.
From: City Manager (from June 17, 2003)
Recommendation: Open the public hearing,
allow each of the two appellants and the applicant five minutes each to
summarize their position, and continue the hearing until July 15, 2003 to allow
completion of an engineering report providing independent evaluation of
technical aspects of the proposed project.
Contact: Phil Kamlarz, Planning, 981-7400
d.
Communications (from June 17, 2003– numbering follows original sequence)
1. Frances
Strassman (2)
2. Shahram
Shahruz (10)
3. Appellants:
Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe
4. Libby
Kelley
5. Jon-Erik
Beckjord
6. L.G.
7. Carol
Suveda
8. Marsha
Hiller
9. Vida
Bateau
e.
Supplemental Communications 1 (from June 17, 2003– numbering follows
original sequence)
18. Shahram Shahruz
19. Dennis Martin,
Applicant Response to Appeals
f.
Supplemental Communications 2 (from June 17, 2003– numbering follows
original sequence)
g.
Communications (from September 16, 2003)
2. 107
Signed Petitions
3. Mark
Rhoades
4. Leonard
Schwartzburd (2)
5. Doug
Loranger (2)
6. Vida
Bateau (2)
7. Robert
Riedlinger
8. Radiation
Free Gourmet Ghetto (2)
9. Ruth
S. Clifford
10. Helena Bautin
11. Arianpour
12. Jingang Yi, PhD
13. Susan Clarke (2)
14. Daniel Wolfe
15. Val Peters
16. Scott Wheeler
17. Joan Levinson (2)
18. Greg Bowman
19. Ayn Lowry
20. Jordan Rothstein
21. Kathie Taylor and
Neill Bourke
22. Marianne Robinson
23. Sarah Jones (2)
24. Rand Knox
25. Michael Marchant
26. Connie and Kevin
Sutton
27. Helena Bautin
28. Zach Cowan
29. Carrie Olson
30. Leonard
Schwartzburd (3)
31. Kriss Worthington
32. Shahram Shahruz
33. Frieda Feen
34. Frank Harris
35. Andrew Packard
36. La Chanteuse
37. PhoeBe ANNE
(thomas/sorgen)
38. Barb Wilkie
39. Petitions from
Kate Bernier, Rose Vekony, Andrew Joron and Barbara Guest
40. Frances Strassman
h. Communications
(October 21,
2003)
1.
Shahram Shahruz
(3)
2.
Frances
Strassman
3.
Leonard
Schwartzburd
4.
Melinda E.
Lopez
5.
Dennis Martin
6.
Ruth S.
Clifford
7.
Abhishek
Singhal
21.
Public Safety Building Tower Study
a.
From: Councilmember Spring (PDF, 9 MB)
Recommendation: Conduct a public hearing
as approved by the Council at the meeting of September 9, 2003 and upon
conclusion direct the City Manager to replace the current industrial-design
public safety building tower with two shorter towers with a flagpole design and
increase their signal reliability with repeater antennas or other options or
that it construct a one-pole antenna, sited as far away from the residents as
possible.
Contact: Dona Spring, Councilmember District 4, 981-7140
b.
From: City Manager
Recommendation: Staff recommends that no
further work be done on either the evaluation of the current tower or in the
design of tower alternatives.
Contact: Rene Cardinaux,
Public Works, 981-6330
c.
Communications
22.
Appeal: 1616 Harmon
Street
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution rejecting the property owner’s
objection to the cost of the nuisance abatement at 1616 Harmon Street, and
allowing the property lien to be recorded as written and approved by the
Manager of Environmental Health, Director of Health and Human Services, and
City Manager.
Contact: Fred Medrano,
Health and Human Services, 981-5100
23.
2003 Local Law Enforcement Block Grant
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution authorizing the City Manager to: 1)
accept $145,801 in federal funds from the 2003 Local Law Enforcement Block
Grant (LLEBG) Program to be used to fund a Violence Suppression Program for a
period of approximately 24 months; 2) utilize $16,200 from the existing 2002
Senate COPS Grant to cover the required local match; and 3) establish a trust
account for these funds until they are expended.
Contact: Roy Meisner, Police, 981-5900
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 – Time Critical
Time Critical Items:
In the event that the City Manager, Auditor, Mayor, or Councilmember becomes
aware of an urgent issue that cannot be held until the next scheduled Agenda
Committee meeting, the Clerk is authorized to accept an item without Agenda
Committee review until Tuesday at 12:00 p.m. on the week prior to the Council
meeting. These “Time Critical” items
must be submitted with a cover page that includes: 1) a detailed explanation of
why the item could not have been submitted by the normal deadline, and 2) a
detailed explanation of why the item cannot wait to follow the normal agenda
process. These items will be included
in a separate section of the Council Agenda at the end of the Action Calendar. The Council may vote to refer it back to the
Agenda Committee if they determine that the item does not meet the criteria for
a “Time Critical” item.
24.
Update on the Disaster Resistant Berkeley Program
From: City Manager
Contact: Arrietta Chakos, City Manager, 981-7000
25.
Green Business Certification of the Office of Economic
Development
From: City Manager
Contact: Tom Myers, Economic
Development, 981-5300
26.
Formal Bids and Requests for Proposals
From: City Manager
Contact: Fran David,
Finance, 981-7200
27.
Storage Lockers for the Homeless (CF 25-03)
From: City Manager
Contact:
Fred Medrano, Health and Human Services, 981-5100
28.
Solar Energy and Energy Conservation Education
From: City Manager
Contact: Stephen Barton, Housing, 981-5400
29.
Disposal of Residential Lots at 2114 and 2140 McKinley Street
From: City Manager
Contact: Rene Cardinaux,
Public Works, 981-6330
30.
Commendation for Police Department and Mental Health for
Outstanding Work (PDF,
112 KB)
From: Police Review Commission
Contact: Barbara Attard,
Secretary, 981-4950
