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.
Medical Marijuana Dispensaries (PDF,
193 KB) (First Reading October 12, 2004: Noes –
Worthington; Abstain – Spring)
From: City Manager
Recommendation: Adopt second 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
2.
Ellis Implementation Ordinance (PDF,
468 KB) (First Reading October 12, 2004: Noes – Olds;
Abstain – Hawley)
From: Rent Stabilization Board
Recommendation: Adopt second reading of an
Ordinance amending Section 13.77.055 of the Berkeley Municipal Code (BMC),
Ellis Implementation Ordinance, to increase the amount of the relocation
benefit given to displaced tenants and to include elderly and disabled tenants
in the class of tenants who qualify for relocation benefits.
Financial Implications: None.
Contact:
Jay Kelekian, Rent Stabilization Program, 644-6128
3.
University Avenue
Strategic Plan Height and Setback Standards and Review Consistency (PDF,
2 MB) (First Reading October 12,
2004: Noes – Maio, Spring, Worthington;
Abstain – Breland)
From: City Manager
Recommendation: 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
4.
Minutes for Approval (PDF,
825 KB)
From: City Manager
Recommendation: Approve the minutes for
Council meetings of October 5, 2004 (regular).
Contact:
Sherry Kelly, City Clerk, 981-6900
5.
Needle Exchange (PDF,
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
6.
Contract: North Shattuck Association
(PDF, 161 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole
source contract and any amendments with the North Shattuck Association for
$180,744 to implement the Management District Plan and approved work plan for
the North Shattuck Business Improvement District (BID) for FY 2004.
Financial Implications: North Shattuck BID Funds –
$180,744.
Contact:
Tom Myers, Economic Development, 981-7530
7.
Downtown Berkeley Business Improvement District
(PDF, 251 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving the 2005 Annual Report of the Downtown
Berkeley Business Improvement District (BID); 2) declaring the intention to
levy an annual assessment for the Downtown Berkeley BID for calendar year 2005;
and
3) directing the City Clerk to schedule a public hearing on November 16, 2004
to consider levying a renewed assessment for the year 2006.
Financial Implications: See report.
Contact:
Tom Myers, Economic Development, 981-7530
8.
Solano Avenue Business Improvement District
(PDF, 1 MB)
From:
City Manager
Recommendation: Adopt a Resolution: 1) approving the 2004 Annual Report of the Solano
Avenue Business Improvement District (BID); 2) declaring the intention to levy
an annual assessment for the Solano Avenue BID for calendar year 2005; and 3)
directing the City Clerk to schedule a public hearing for November 16, 2004, to
consider levying a renewed assessment for the year 2005.
Financial Implications: See report.
Contact: Tom Myers,
Economic Development, 981-7530
9.
Fiscal Year 2005 Tax and Revenue Anticipation Notes
(PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution
providing for the borrowing of $25,000,000 and the sale and issuance of FY 2005
Tax and Revenue Anticipation Notes.
Financial Implications: General Fund Revenue –
$25,000,000.
Contact:
Fran David, Finance, 981-7300
10.
Formal Bid Solicitations and Requests for Proposals
(PDF, 335 KB)
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 sources –
$1,039,999.
Contact:
Fran David, Finance, 981-7300
11.
Influenza Vaccine Supplies (PDF,
632 KB)
From: City Manager
Recommendation: Ratify the City Manager's October 13, 2004 proclamation of a local
emergency concerning limited influenza vaccine supplies.
Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100
12.
Agreement: Section
236 Administrator of Harriet Tubman Terrace at 2870 Adeline Street (PDF,
308 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into agreements
with the U.S. Department of Housing and Urban Development and Harriet Tubman
Associates, LP to act as Section 236 Administrator for the property known as
Harriet Tubman Terrace at 2870 Adeline Street.
Financial Implications: None.
Contact:
Stephen Barton, Housing, 981-5400
13.
Contract Amendment: Financial Consultant Services – Seifel Consulting,
Inc. (PDF, 273 KB) (To
be delivered)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract amendment with
Seifel Consulting, Inc. for additional financial consulting services in an
amount not to exceed $10,000 for a new total contract amount of $34,950.
Financial Implications: Housing Program Fund –
$10,000.
Contact:
Stephen Barton, Housing, 981-5400
14.
Contract: Vocational Services to the Homeless – Jobs
Consortium (PDF, 354 KB)
From:
City Manager
Recommendation: Authorizing the City Manager to enter into a contract with
Rubicon Programs Incorporated in an amount not to exceed $19,000 for the period
July 1, 2004 through June 30, 2005 to provide vocational services to homeless
people in Berkeley.
Financial Implications: $19,000.
Contact: Stephen Barton,
Housing, 981-5400
15.
Environmentally Preferable Purchasing Policy
(PDF, 2 MB) (CF 62-03)
From:
City Manager
Recommendation: Adopt a Resolution
approving the Environmentally Preferable Purchasing Policy (EPP), to be
implemented in a phased manner beginning with, but not limited to, janitorial
products used by the City; and direct the City Manager to prioritize, by
December 2005, additional product areas where the EPP will be further
integrated into City purchasing.
Financial Implications: See report.
Contact: Stephen Barton, Housing, 981-5400; Fran David,
Finance, 981-7300
16.
Winter Voucher and Winter Shelter Programs
(PDF, 397 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing: 1) the allocation of $40,000 for the purpose of providing
emergency vouchers to homeless households for shelter at local motels and the
Berkeley YMCA; 2) payment of $56,000 to the City of Oakland Department of Human
Services, representing the City of Berkeley’s pro-rata share of direct program
operating costs related to the Joint Winter Shelter Program at the Oakland Army
Base; and 3) payment not to exceed $42,000 to Bay Area Rapid Transit (BART) for
transportation for residents to and from the Winter Shelter.
Financial Implications: General Fund – $138,000.
Contact:
Stephen Barton, Housing, 981-5400
17.
Contract: Corporation Yard Modular Offices
(PDF, 466 KB)
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 $200,000 from the Parks Tax Fund, $423,000 from the Sewer Fund, and
$423,000 from the Refuse Fund balances for inclusion in the Corporation yard
modular offices project budget to allocate $640,000 toward the purchase of
modular buildings 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
Action
Calendar – New Business
21.
HUD Section 108 Loan Guarantee for the Jubilee Village
(PDF, 1 MB) (To be delivered)
From:
City Manager
Recommendation: Adopt a Resolution: 1)
approving participation in the U.S. Housing and Urban Development (HUD) Section
108 Loan Guarantee Program; 2) authorizing the use of current and future
Community Development Block Grant funds to secure a loan for the Jubilee
Village development in an amount up to $3,008,000 and not to exceed eighty
percent (80%) of the appraised value of the property; 3) that the findings of
HUD’s recent monitoring be resolved to the City Manager’s satisfaction prior to
closing on the Section 108 loan and a report be brought to City Council on
November 9, 2004 for final review; and 4) rescinding Resolution No. 62,215‑N.S.
Financial Implications: See report.
Contact: Stephen
Barton, Housing, 981-5400
22.
Double Fines in School Zones
a.
From: Transportation Commission (PDF,
548 KB)
Recommendation: Adopt an Ordinance amending the Berkeley Municipal Code (BMC) Chapter 14
by adding a section “Double Fines in School Zones” in Berkeley High School,
Berkeley Alternative High School, Willard School, Malcolm X School and
Longfellow School zones in the City of Berkeley, to double the fines for motor
vehicle moving violations, and to establish a Pedestrian and Bicycle School
Safety Fund. The pilot program would operate for one calendar year. The Transportation staff will evaluate the
pilot program by means of speed studies and other methods as appropriate and
report to the Commission after the conclusion of the program as is practicable.
Financial Implications: See report.
Contact:
Peter Hillier, Secretary, 981-7010
b. From:
City Manager (PDF, 342 KB)
Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code
(BMC) Title 14 Vehicles and Traffic, by adding Chapter 14.66 “Double Fines ” Section 14.66.010 “Purpose
of Program”, 14.66.020 “Fine Enhancement: Passing a School”, 14.66.030 “Double
Fine School Zone”, and 14.66.040 “Sunset”.
Contact:
Peter Hillier, Transportation, 981-7010
