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 unless determined to be a priority
by the City Manager or City Council.
1.
City Manager’s Contract Authority
(PDF, 717 KB) (First reading 12/9/03 – Noes – Spring,
Worthington)
From: City Manager
Recommendation: Adopt second reading of an Ordinance 1) amending the Berkeley Municipal
Code (BMC) Section 7.18.010B to increase the City Manager’s expenditure
authority for capital improvements, including playground improvements and
equipment, to $100,000, 2) adding BMC Section 7.18.010C to increase the City
Manager’s general expenditure authority for supplies, equipment, and materials
to $50,000, and 3) amending BMC Section 7.18.020A to increase the City
Manager’s emergency expenditure authority for materials, supplies and equipment
to $50,000 and for public construction projects, playground improvements and
equipment to $100,000.
Contact: Fran David,
Finance, 981-7200
2.
Solano Avenue Business Improvement District
(PDF, 330 KB) (First reading 12/9/03;
Noes - Olds)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance adding Berkeley Municipal Code (BMC) Section 7.97 establishing the
District and levying assessments on businesses within the District for calendar
year 2004.
Contact: Tom Myers, Economic
Development, 981-7530
3.
Lease: City-Owned Property at 711 Harrison Street
(PDF, 3 MB) (First reading 12/9/03)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with Building Opportunities for Self-Sufficiency (BOSS) to lease
City property on a parcel of property to be created at 711 Harrison Street as a
site for transitional housing.
Contact: Stephen Barton,
Housing, 981-5400
4.
Needle Exchange (PDF,
164 KB)
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
5.
Grant: Federal Emergency Management Agency Assistance to
Firefighters Grant Program (PDF, 291 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a
grant and any amendments, from the Federal Emergency Management Agency (FEMA)
Fire Preventative and Safety Grant in the amount of $696, 832 to fund fire
prevention and safety activities. (Project costs - $995,473; Revenue from
federal grant - $696,832; Local match - $298,641 from Parks, Recreation and
Waterfront, Fire, and Public Works Solid Waste.)
Contact:
Reginald Garcia, Fire, 981-5500
6.
Contract: Lighting Services (PDF,
557 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Community Energy Services Corporation for lighting audits and installation
services to increase the amount by $22,211 for a total amount not to exceed
$1,089,818 and extend the expiration date to March 31, 2004. (PUC Grant $1.95
million)
Contact: Stephen Barton,
Housing, 981-5400
7.
Grant and Contract: Low-Income Energy Revenues
(PDF, 420 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) execute a
contract and any amendments with the State Department of Community Services and
Development for the Low-Income Home Energy Assistance Program (LIHEAP) to
receive revenues and provide weatherization and bill payment assistance to
eligible residents for Berkeley, Albany, and Emeryville, in an amount not to
exceed $180,000 for the approximate period January 1, 2004 through December 31,
2004; 2) approve the program priority plans; and 3) designate a representative
to sign required fiscal and programmatic reports. (DCSD Grant - $180,000; local match – none.)
Contact: Stephen Barton,
Housing, 981-5400
8.
Grant: Homeless Management Information Systems
(PDF, 268 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to accept Community Services Block Grant (CSBG) in
the amount of $40,000, and execute any resultant agreements and amendments for
the implementation of a Homeless Management Information System (HMIS) for the
period November 1, 2003 to October 31, 2004. (CSBG Grant - $40,000)
Contact: Stephen Barton,
Housing, 981-5400
9.
License Agreement: Kite Sales and Rentals at Cesar Chavez Park
(PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a license agreement and any amendments
with Tom McAlister, dba Highline Kites, to operate a van selling and renting
kites and other wind-powered equipment at the end of Spinnaker Way adjacent to
Cesar Chavez Park for a five-year period from January 1, 2004 through December
31, 2008. Upon mutual consent and provided Highline Kites is not in default,
the agreement allows for extension of the license for up to five additional
years. (Revenue - $2,100 year to Marina Enterprise Fund)
Contact: Marc Seleznow,
Parks, Recreation and Waterfront, 981-6700
10.
Grant: Alcoholic Beverage Control - University of California
Partnership Grant (PDF, 199 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a grant contract and any amendments
with the State of California in order to accept $50,000 a Department of
Alcoholic Beverage Control (ABC) – University of California (UC) Partnership
Grant and appropriate these funds for the enforcement of underage drinking laws
and to reduce alcohol consumption by UC students. (State Grant - $50,000)
Contact: Roy Meisner, Police, 981-5900
11.
Contract: Mattress Recycling and Disposal Services
(PDF, 207 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a sole-source contract and any
amendments with St. Vincent de Paul Society for mattress recycling and disposal
services for the period of February 1, 2004 through January 31, 2007, in an
amount not to exceed $250,000. (Refuse Fund - $250,000.)
Contact: Rene Cardinaux,
Public Works, 981-6300
12.
Accounts Payable Audit (PDF,
1 MB)
From: City Auditor
Recommendation: Request the City Manager
to report back on April 20, 2004, regarding the implementation status of each
of the Auditor’s recommendations, and every six months thereafter, until all
recommendations have been implemented.
Contact: Ann-Marie Hogan,
City Auditor, 981-6750
13.
4x4 Joint Task Force on Housing (PDF,
216 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution: 1)
reactivating the 3x3 Joint Task Force on Housing with the Rent Stabilization
Board; changing the composition to include four members each from the City
Council and Rent Stabilization Board to form a 4x4 committee; and 3) appointing
Mayor Bates, Councilmembers Maio, Spring and Wozniak to represent the Council.
Contact: Tom Bates, Mayor,
981-7100
14.
Options to Purchase Real Property at Dwight and Martin Luther
King Jr. Way (PDF, 96 KB)
From: Councilmember Spring
Recommendation: Request that the City
Manager come back with options for acquiring the property that currently sites
the recycling center at Dwight and Martin Luther King Jr. Way.
Contact: Dona Spring,
Councilmember District 4, 981-7140
15.
Contract: Expanded
Winter Shelter
a. From:
Homeless Commission (PDF, 204 KB)
Recommendation: 1) Request the Berkeley
Unified School District (BUSD) and the University of California (UC) at
Berkeley make available an appropriate facility to use as an emergency shelter
in inclement weather (including the old alternative High School site) or the
City should identify another appropriate site owned by or under City control
for expanded winter shelter; and 2) if an appropriate site is located, adopt a
Resolution identifying funds for an emergency winter shelter in an amount not
to exceed $25,000.
Contact: Jane Micallef,
Secretary, 981-5426
b. From:
City Manager (PDF, 244 KB)
Recommendation: Adopt a Resolution: 1)
creating the Berkeley Emergency Storm Shelter (BESS) Project and 2) authorizing
an amendment of the existing contract with Dorothy Day House to include the
BESS project in its scope of work, increasing the contract amount by $23,725
for a total amount not to exceed $54,613 for the period July 1, 2003 through
June 20, 2004. (General Fund- $23,725 one time expenditure from carryover
savings.)
Contact: Stephen Barton, Housing, 981-5400
16.
Appeal: 3045 Shattuck Avenue
a. From:
City Manager (PDF, 2 MB)
Recommendation: Conduct a public hearing
and upon conclusion, direct staff to prepare a Resolution declaring the
property at 3045 Shattuck a public nuisance.
Contact: Dan Marks,
Planning, 981-7400
b. Appeal
(PDF, 77 KB)
1.
Christina Sun
c.
Communications (PDF,
15 MB)
1. Christina
Sun
2. Robert
Lauriston, Neighbors’ representative
3. Jennifer
Elrod
17.
Extend Residential Permit Parking Program
(PDF, 632 KB)
From: City Manager
Recommendation: Conduct a public hearing and
upon conclusion adopt a Resolution amending Sections 25C and 25N of Resolution
No. 56,508-N.S. by adding subsections to extend residential permit parking on
Bancroft Way, between California Street and Jefferson Street; and on Virginia
Street, between Chestnut Street and West Street; and authorizing the use of
$1,200 to cover implementation costs. (General Fund - $1,200)
Contact: Peter Hillier,
Transportation, 981-7010
18.
Contract: Implement
Automated Red-Light Photo Enforcement System (PDF, 444 KB)
From: City Manager
Recommendation: Conduct a public hearing and
upon conclusion adopt a Resolution implementing an automated traffic
enforcement program and authorizing the City Manager to execute an agreement
and any amendments with Transol USA to install a red light enforcement system
at certain intersections for period December 20, 2003 to December 31, 2005.
Contact: Peter Hillier, Transportation, 981-7010 and Roy
Meisner, Police, 981-5900
19.
Franchise Agreement: Cable Television Rates and Charges
a. From: City Manager (PDF, 492 KB)
Recommendation: Conduct a public hearing
to receive any oral or written comments on the recent rate increase for basic
cable television service and upon conclusion, take no action, thereby allowing
the rate increase to stand.
Contact: Chris Mead, Information Systems, 981-6500
b. Communications
(PDF, 332 KB)
1. Barbara
Gilbert
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.
