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.
Duties and Functions of the Waterfront Commission (First reading- Absent-
Breland – November 4, 2003)
From: Waterfront Commission
Recommendation: Adopt second reading on an
Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.060 (B) to delete
“Aquatic Park” from the duties and functions of the Waterfront Commission.
Contact: Cliff Marchetti,
Secretary, 981-6376
2.
Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of September 9 (regular) and
November 4, 2003 (regular).
Contact: Sherry Kelly, City Clerk, 981-6900
3.
Contract: Enterprise Content Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with ImageSource, Inc. for software and services to implement an
Enterprise Content Management System for the period November 30, 2003 to
November 30, 2008 for a total Phase I amount not to exceed $300,000.
Contact:
Sherry Kelly, City Clerk, 981-6900
4.
LEED™ Green Building Standards for City-owned and Operated
Projects
From: City Manager
Recommendation: Adopt a Resolution
adopting policies and actions requiring the use of US Green Building Council’s
LEED™ Green Building Standards for City-owned and operated building projects.
Contact: Tom Myers, Economic Development, 981-7530
5.
Fiscal Year 2004 Tax Revenue and Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution
providing for the borrowing of funds and the sale and issuance of Fiscal Year
2004 Tax Revenue and Anticipation Notes.
Contact: Fran David,
Finance, 981-7200
6.
Revised Petty Cash and Change Fund
From: City Manager
Recommendation: Adopt a Resolution
increasing the petty cash funds and change funds and rescinding Resolution No.
53,509–N.S. and all amendments.
Contact: Fran David, Finance, 981-7200
7.
Advance Payment to Building Opportunities for Self-Sufficiency
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to release early an advance payment in the amount of $119,732
to Building Opportunities for Self-Sufficiency (BOSS), representing the fourth
quarter payment of their total contract amount of $478,929.
Contact:
Stephen Barton, Housing, 981-5400
8.
Lease: Women's Daytime Drop In Center
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute a lease agreement and any
amendments with the Women’s Daytime Drop In Center for City-owned property
located at 2213 Bryan Street for the purposes of providing transitional housing
for homeless women and children.
Contact:
Stephen Barton, Housing, 981-5400
9.
Contract: Occupational Health Medical Examinations
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with U.S.
HealthWorks for occupational health medical examinations including
pre-employment and annual physicals, and drug and alcohol sample collection for
the period of November 1, 2002 through June 30, 2005 in an amount not to exceed
$150,000.
Contact:
Nicki Spillane, Human Resources, 981-6800
10.
Equity Salary for Health Officer Classifications
From: City Manager
Recommendation: Adopt a Resolution
amending Classification/Salary Resolution No. 61,812–N.S. to correct the
effective date the new salary ranges were established for the Health Officer
and Health Officer (Certified) classifications, to reflect a 12.5% salary
adjustment, to be effective on January 14, 2003, and rescind Resolution No.
61,906–N.S.
Contact: Nicki Spillane,
Human Resources, 981-6800
11.
Contract: Cabling for 1947 Center Street
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend the agreement with Capitol
Communications, Inc. increasing the amount by $70,000 to cover the internal cabling
of the remaining floors of 1947 Center Street, for a total amount not to exceed
$95,000, and extending the term to June 30, 2005.
Contact: Chris Mead, Information Technology, 981-6500
12.
Sports Fields Joint Powers Agreement
From: City Manager
Recommendation: Adopt a Resolution approving a
Joint Powers Agreement for the purpose of developing, maintaining and operating
sports fields.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
13.
Contract: Fleet Consultant for Vehicle Maintenance
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract with Maximus to conduct a
Fleet Management Review for a term of 180 calendar days and in an amount not to
exceed $35,000.
Contact: Rene Cardinaux, Public Works, 981-6330
14.
Contract: Marina Restrooms, Showers and Laundry Facilities
From: City
Manager
Recommendation: Adopt a Resolution: 1) approving the plans and specifications for the
Marina Restrooms, Showers and Laundry Facilities; 2) accepting the bid of Alpha
Bay Builders; 3) waiving permit fees; and 4) authorizing the City Manager to
execute a contract and any amendments in an amount not to exceed $685,300 for a
period of 200 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6330
15.
Contract: Restrooms and Lobby Renovations at the Mental Health
Clinic
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with the Eternal Construction, Inc. for the Restrooms and Lobby
Renovations at the Mental Health Clinic, increasing the existing contract by
$30,000 for a new total not to exceed $127,920.
Contact: Rene Cardinaux, Public Works, 981-6330
16.
Study of Parking Utilization and Fee Options for the Center
Street Garage (PDF, 100
KB)
From: Mayor Bates and Councilmember Spring
Recommendation: Direct the City Manager to
examine current utilization and alternative pricing options for the Center
Street Garage, including a lower flat rate for morning and afternoon periods
when usage is lower.
Contact: Tom Bates, Mayor, 981-7100 and Dona Spring,
Councilmember District 4, 981-7140
17.
Time Limits for Spay/Neuter of Feral Cats (PDF, 123 KB)
From: Councilmembers Hawley and Olds
Recommendation: Request that the City
Attorney amend Berkeley Municipal Code (BMC) section 10.04.088 to change the
term “harboring” to “sheltering”, and expand the same ordinance by adding
language that would: 1) require that a person feeding or sheltering feral cats,
and actively working to spay and neuter them, complete sterilization of the
animals within three months; 2) allow Animal Services bi-monthly visits to the
site to check documentation of procedures; 3) and after three months, require
citations for every remaining unsterilized cat, and allow cumulative fines
levied in accordance with the spay-neuter ordinance.
Contact: Miriam Hawley, Councilmember District 5, 981-7150
and Betty Olds, Councilmember District 5, 981-7160
18.
Compliance of Berkeley Development Projects (PDF, 1.5 MB)
From: Councilmember
Spring
Recommendation: Request the City Manager prepare an
information report answering a series of questions regarding compliance of
Berkeley development projects which were identified in the November 4, 2003
staff report; and in addition the Pioneer building: 1) more specific regarding
costs and payments of fees and assessments; 2) state and federal funding
requirements; 3) compliance with the provision of 20% low income housing; 4)
cultural space in return for an extra story in height; and 5) the destruction
of public trees in the public right of way by these projects.
Contact: Dona Spring, Councilmember
District 4, 981-7140
19.
Rental Fee Reduction and Waiver of Insurance: Storytelling Women Event (PDF, 247 KB)
From: Councilmember
Spring
Recommendation: Adopt a Resolution reducing the
rental fees and waiving insurance costs fees for the Storytelling Women Event
to be held on a weekend in March 2004 at Live Oak Park.
20.
Grant and Contract: Diabetes and Hypertension Prevention
a.
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to: 1) submit a grant application to the University of
California, San Francisco Center for Healthy and Active Aging for funds in the
amount of $725,000 in FY 2004 to initiate and conduct an effective, ongoing
physical activity promotion program for older adults at high risk of diabetes
and hypertension; 2) to accept the grant, to execute any resultant revenue
agreements and amendments, and authorizing the implementation of projects and
appropriation of funding for related expenses, subject to securing the grant;
and 3) to execute a contract and any amendments with Contra Costa County Health
Services to conduct parallel activities in their communities for the five-year
period beginning with the grant start date in an amount not to exceed $325,000.
b. Peace
and Justice Commission
Recommendation: Adopt a Resolution finding that
no reasonable alternative exists under Section 12.90.070 of the Berkeley
Municipal Code (BMC), the Nuclear Free Act, for the grant from the University
of California, San Francisco Center for Healthy and Active Aging in the amount
of $725, 000 to initiate and conduct an effective, ongoing physical activity
promotion program; and approving a waiver of Section 12.90.070 of the Berkeley
Municipal Code (BMC).
Contact: Manuel Manuel
Hector, Secretary, 981-5110
21.
Amendment to Ellis Implementation Ordinance
a. From:
Rent Stablization Board (PDF,
507 KB)
Recommendation: Adopt first reading of an
Ordinance amending Berkeley Municipal Code (BMC) sections 13.77.055 and
13.77.056 (Ellis Implementation Ordinance) to harmonize references in these
sections with recent modifications to section 13.77.050.
Contact: James Kelekian, Secretary, 644-6128
b. From:
City Manager (PDF, 51 KB)
Recommendation: The City Manager concurs
with the content and recommendation of the report.
Contact: Phil Kamlarz,
Acting City Manager, 981-7000
Public
Hearings – Ballot Measures for March 2, 2004
22.
Ballot Measure – Special Tax Measure for Fire Services
From: City Manager
Recommendation: Conduct a public hearing,
review and comment and give final direction on the revised ballot title, City
Attorney analyses and text of ballot measure related to a proposed special tax
for fire protection and prevention services.
Contact: Phil
Kamlarz, City Manager, 981-7000
23.
Ballot Measures – Charter Amendment - Runoff Elections,
Instant Runoff Voting, Candidate Filing Fees
From: City Manager
Recommendation: Conduct a public hearing, review and comment and give final direction on
the ballot titles, City Attorney analysis and texts of charter amendments
related to: a) changing the date of runoff elections from four weeks after the
general municipal election to the first Tuesday after the first Monday in
February of the odd-numbered years and reducing the percent required to be
nominated to the office of auditor, mayor or council member from 45% to 40%; b)
providing for instant runoff voting when the Council determines it to be
feasible; 3) requiring candidates running for a council district office to be
nominated by registered voters within the district and establishing a filing
fee of $150 or signatures in-lieu of a filing fee in addition to current
requirements to run for any local office.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
Public Hearings – Business
Improvement Districts
24.
Solano Avenue Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing
on the proposed establishment of the Berkeley Solano Avenue Business
Improvement District and upon conclusion: 1) delay action as necessary to allow
the City Clerk to tabulate any written protests against formation of the
proposed District received before or during the public hearing; and 2) if no
majority protest exists, adopt the first 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
25.
Downtown Berkeley Business Improvement District Assessment
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt two Resolutions: 1) confirming the year 2004 Annual
Report of the Downtown Business Improvement District (BID), thereby levying an
annual assessment for the Downtown Berkeley BID for calendar year 2004; and 2)
authorizing the City Manager to execute a contract and any amendments with the
Downtown Berkeley Association (DBA) Main Street Program for $265,000 of
Downtown BID funds to support Downtown revitalization.
Contact:
Tom Myers, Economic Development, 981-7530
