Agenda Committee Item #5
Council Draft Agenda - October 19, 2004

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 19, 20047:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1.       

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 taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of October 5, 2004 (regular).

Contact: Sherry Kelly, City Clerk, 981-6900

2.      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

3.      Contract: North Shattuck Association

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

4.      Downtown Berkeley Business Improvement District

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

5.      Solano Avenue Business Improvement District

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving the 2005 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

6.      Fiscal Year 2005 Tax and Revenue Anticipation Notes

From: City Manager

Recommendation: Adopt a Resolution providing for the borrowing of funds and the sale and issuance of FY 2005 Tax and Revenue Anticipation Notes.

Financial Implications: See report.

Contact: Fran David, Finance, 981-7300

7.      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 sources – $1,039,999.

Contact: Fran David, Finance, 981-7300

8.      Agreement: Section 236 Administrator of Harriet Tubman Terrace at 2870 Adeline Street

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

9.      Contract Amendment: Financial Consultant Services

From: City Manager

Recommendation:  Adopt a Resolution amending the contract with with Seifel Consulting, Inc. for financial consultant services and authorizing an increase in the contract amount not to exceed an additional $10,000.

Financial Implications: $10,000

Contact: Stephen Barton, Housing, 981-5400

10.            Contract: Vocational Services to the Homeless

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 to provide vocational services to homeless people in Berkeley.

Financial Implications: $19,000.

Contact: Stephen Barton, Housing, 981-5400

11.  HUD Section 108 Loan Guarantee for the Jubilee Village

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 of the appraised value of the property; and 3) rescinding Resolution No.62,215–N.S.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

12.  Winter Voucher and Winter Shelter Programs

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: See report.

Contact: Stephen Barton, Housing, 981-5400

13.  Contract: Corporation Yard Modular Offices

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 $523,000 from the Sewer Fund, and $523,000 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

14.  Fees for Sunday Parking at Oxford Lot

From: City Manager

Recommendation:  Adopt a Resolution charging fees on Sundays at the Oxford Lot effective November 2004 during hours generally in effect at other City-owned parking lots.

Financial Implications: Increased revenue.

Contact: Peter Hillier, Transportation, 981-7010

Action Calendar – Appeals

15.  Appeal: 1406-10 San Pablo Avenue

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve demolition of a single-family dwelling and construction of a three-story building with four dwelling units and four live/work units; and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

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 – Old Business

16.  Grant Application: Repaving University Avenue (Held over from September 21, 2004 by City Manager)

From: City Manager

Recommendation:  Adopt a Resolution authorizing: 1) the filing of an application for Federal Surface Transportation Program Funding for repaving University Avenue; 2) committing the necessary non-federal match for the project; 3) stating assurance to complete the project; and 4) authorizing the City Manager to accept the grant and to execute and resultant agreements and amendments.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

17.  Major Residential Addition Policy Interpretations (CF 32-03, 41-03, 46-03) (Held over from July 13, 2004)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

18.  Daylighting of 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 the downtown, if feasibility is demonstrated.

Contact: Dona Spring, Councilmember District 4, 981-7140

19.  Benvenue Neighbors Association Proposal on American Baptist Seminary of the West (held over from July 20, 2004)

From: Councilmember Worthington

Recommendation: Refer to the City Manager the Benvenue Neighbors Association WIN-WIN-WIN proposal to address concerns about American Baptist Seminary of the West (ABSW).

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action Calendar – New Business

20.  Environmentally Preferable Purchasing Policy (CF 62-03)

From: City Manager

Recommendation:  Adopt a Resolution approving the Environmentally Preferable Purchasing Policy (EPP).

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

21.  Double Fines in School Zones

a.      From: Transportation Commission (PDF, 678 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

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

Information Reports

22.  Status of Negotiations with Fire Fighters

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

23.  Accounts Payable Audit - Status Report (CF 77-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

24.  Business License Tax Audit for Year Ending June 30, 2001 - Status Report (CF 31-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

25.  Treasury Cash Receipts/Cash Handling Audit - Status Report (CF 26-04)

From: City Manager

Contact: Fran David, Finance, 981-7300

26.  Pedestrian Right-of-Way Enforcement

From: City Manager

Contact: Roy Meisner, Police, 981-5700


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