Agenda Committee Item #5
Council Draft Agenda - December 16, 2003

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 16, 20037:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

 

Consent Calendar

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.      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

2.      Grant: Federal Emergency Management Agency Assistance to Firefighters Grant Program

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

3.      Contract: Lighting Service

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 from $1,067,607 to a total amount not to exceed $1,089,818 and extend the expiration date to March 31, 2004.

Contact: Stephen Barton, Housing, 981-5400

4.      Grant and Contract: Low-Income Energy Revenues

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.  (Grant - $180,000; local match – none.)

Contact: Stephen Barton, Housing, 981-5400

5.      Grant: Homeless Management Information Systems

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept Community Services Block Grant (CSBG) agreement 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 time period November 1, 2003 to October 31, 2004.

Contact: Stephen Barton, Housing, 981-5400

6.      License Agreement: Kite Sales and Rentals at Cesar Chavez Park

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.

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

7.      Grant: Alcoholic Beverage Control - University of California Partnership Grant

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 in Department of Alcoholic Beverage Control (ABC) – University of California (UC) Partnership Grant funding and appropriate these funds for the enforcement of underage drinking laws and to reduce alcohol consumption by UC students.

Contact: Roy Meisner, Police, 981-5900

8.      Contract: Mattress Recycling and Disposal Services

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 three years in an amount not to exceed $250,000. (Refuse Fund - $250,000.)

Contact: Rene Cardinaux, Public Works, 981-6300

9.      Contract: Sanitary Sewer Project

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Monterey Avenue, Posen Avenue, Carlotta Avenue, McGee Avenue, Ada Street, Solano Avenue and The Alameda; 2) accepting the bid of J. Howard Engineering, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $801,187 for the period of 250 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Contract: Sanitary Sewer Replacement Project

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bay Pride Construction, Inc. for a sanitary sewer and drilled pier foundations project, increasing the existing contract amount of $172,704 by $71,000 for a total amount not to exceed $243,704, and extending the contract time for the period of 60 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Contract:  Curb Ramp Installation Project

From:  City Manager

Recommendation:  Adopt a Resolution:  1) approving the plans and specifications for the Curb Ramp Installation Project at various locations; 2) accepting the bid of Berkeley Cement, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed _________ for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

12.  Contract:  Janitorial Services at the Public Safety Building

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Universal Building Services for janitorial services at the Public Safety Building by increasing the amount by $6,234, $139,032 and $26,052 for FY 2004 through FY 2006 respectively and extending the contract through June 30, 2006.

Contact: Rene Cardinaux, Public Works, 981-6300

 

13.  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

14.  3x3 Joint Task Force on Housing (PDF, 63 KB)

From: Mayor Bates

Recommendation:  Reactivate the 3x3 Joint Task Force on Housing with the Rent Stabilization Board and appoint Mayor Bates, Councilmember Maio, and Councilmember Wozniak to represent the City Council.

Contact: Tom Bates, Mayor, 981-7100

15.  Submission of Permit Task Force Report (PDF, 127 KB)

From: Mayor Bates

Recommendation:  Direct the City Manager to: 1) return with a work plan for reviewing and implementing the recommendations of the Permit Task Force; and 2) set a special work session to review the work plan, discuss the recommendations, and take public comment.

Contact: Tom Bates, Mayor, 981-7100

16.  Options to Purchase Real Property at Dwight and Martin Luther King Jr. Way (PDF, 77 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

17.  Expanded Winter Shelter

a.      From: Homeless Commission (PDF, 192 KB)

Recommendation:  1) Request the Berkeley Unified School District (BUSD) and the University of California at Berkeley make available to the City 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

Recommendation: 

Contact: Stephen Barton, Housing, 981-5400

Public Hearing

18.  Appeal: 3045 Shattuck Avenue

a.      From: City Manager

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

1.      Christina Sun

c.       Communications

1.       

19.  Extend Residential Permit Parking Program

From: City Manager

Recommendation:  Conduct a public hearing and if recommendations are approved, 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 from the budget of the Office of Transportation to cover implementation costs.

Contact: Peter Hillier, Transportation, 981-7010

20.  Implement Automated Red-Light Photo Enforcement System

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

21.  Cable Television Rates and Charges

From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution establishing Comcast cable rates for basic service tier and equipment and installation charges as specified by the FCC.

Contact:  Chris Mead, Information Systems, 981-6500

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.

 

New Business

22. Implementation Plan for Budget Crisis Recovery Strategy

From:  City Manager

Recommendation:  Approve implementation of short and long term fiscal measures that address the Council’s adopted recovery strategy and immediate state budget cuts.

Contact:  Phil Kamlarz, City Manager, 981-7000 
 

Information Reports

23.  Update on Employment Programs

From:  City Manager

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

24.  Withdrawal of Use Permit Application – 2514 and 2516 Benvenue Avenue

From:  City Manager

Contact:  Dan Marks, Planning, 981-7400

25.  Support for Event Funding Not on Approved List of Events (PDF, 31 KB)

From: Councilmember Maio

Contact: Linda Maio, Councilmember District 1, 981-7110
 

Communications

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

Agenda Item Number and Title

1.      Author

 

Adjournment