Regular Meeting eAgenda
January 13
, 2004

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, January 13, 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.

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.

Youth Comments: A total of 15 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 – Recess

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.      Grant: 2002 Resources Bond Act (Proposition 40) California Clean Water, Clear Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (PDF, 301 KB)

From: City Manager

Recommendation:   Adopt a Resolution ratifying the action of the City Manager taken during recess submitting a competitive grant application to the State of California Department of Parks and Recreation for available funding through the 2002 Resources Bond Act (Proposition 40), Urban Park Act of 2001 grant program for the Francis Albrier Recreation Center Gymnasium Development Project and authorizing the City Manager or designee to execute related grant agreements and any amendments, and accept these grant funds.

Financial Implications:  Revenue $3,000,000;  City match – General Fund - $430,000.

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

2.      Mills Act Contract: 883 Arlington Avenue (PDF, 974 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action of the City Manager taken during recess executing a Mills Act contract and any amendments for the restoration of historic property at 883 Arlington Avenue in order to obtain a property tax reduction for a period of ten years.

Financial Implications:  Lost Property Tax Revenue - $200 year.

Contact:  Dan Marks, Planning, 981-7400

3.      Mills Act Contract: 2601 – 2603 Hillegass Avenue (PDF, 910 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action of the City Manager taken during recess executing a Mills Act contract and any amendments for the restoration of historic property at 2601 – 2603 Hillegass Avenue in order to obtain a property tax reduction for a period of ten years.

Financial Implications:  Lost Property Tax Revenue - $500 year.

Contact:  Dan Marks, Planning, 981-7400

4.      Contract: Sanitary Sewer Project (PDF, 361 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action of the City Manager taken during recess: 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) executing a contract and any amendments in an amount not to exceed $801,187 for the period of 250 calendar days.

Financial Implications:  Sewer Capital Improvement Project Fund - $801,187.

Contact: Rene Cardinaux, Public Works, 981-6300.

5.      Contract: 1947 Center Street Janitorial Services (PDF, 426 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying the action of the City Manager taken during recess executing a contract with Township Building Services, Inc. for janitorial services at 1947 Center Street for the period January 1, 2004 through June 30, 2004 in an amount not to exceed $41,168; and approve options to extend the contract for four additional one-year periods in an amount not to exceed $98,000 per year up to a maximum of four and one-half years at the City’s discretion.

Financial Implications:  Building Purchases and Management Fund - $41,168 in FY2004 plus $98,000 per year for each optional, additional year.

Contact: Rene Cardinaux, Public Works, 981-6300

 

Consent Calendar

6.      Minutes for Approval (PDF, 2 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of December 9, 2003 (regular) and December 16, 2003 (special, closed and regular).

Contact: Sherry Kelly, City Clerk, 981-6900

7.      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

8.   Amendment to FY 2004 Annual Appropriations Ordinance (PDF, 922 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the FY 2004 Annual Appropriations Ordinance No. 6,752–N.S. for FY 2004 based upon recommended re-appropriation of unexpected FY 2003 funding and other adjustments authorized since July 1, 2003 and actions taken by Council on December 16, 2003 in the amount of $46,776,705.

Financial Implications: Numerous Funds - $46,776,705.

Contact: Paul Navazio, Budget, 981-7000

9.      Loan to Court Appointed Receiver: 2455 Prospect and 2412 Piedmont (PDF, 211 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing an additional loan of $24,000 for a total amount not to exceed $48,000 to Ali Kashani, the court-appointed receiver for 2455 Prospect Avenue and 2412 Piedmont Avenue, to allow him to take the steps necessary to fulfill his obligations as receiver.

Financial Implications: General Fund Loan- $24,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

10. Contract: Banking Services  (PDF, 248 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bank of the West for an additional five months, or execute a new contract if necessary to provide banking services until June 30, 2004, and increasing the amount by $49,585 for a total not to exceed $109,085.

Financial Implications:  General and Off-Street Parking Funds - $49,585.

Contact: Fran David, Finance, 981-7200

11. Grant: Childhood and Adolescent Injury Prevention (PDF, 423 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager: 1) to submit a grant application to the California State Department of Health Services, Maternal Child Health Branch for funds in the amount of $45,000 in FY 2004 to initiate and conduct a youth-driven Peer Health Education program regarding unintentional injuries and death due to motor vehicle crashes involving other cars, bicycles, skateboards, motor scooters, roller blades and pedestrians; 2) to accept the grant; 3) to execute any resultant revenue agreements and amendments; and 4) authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications:  Revenue - $45,000.  City match - $0.

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

12. Alternative Energy Resources Portfolio (PDF, 3 MB)

From:  City Manager

Recommendation:  Adopt a Resolution supporting the Alternative Utility Energy Resources Portfolio (the Portfolio) as the preferred plan to guide deployment of programs related to the use and the local generation of utility energy.

Financial Implications:  None for adoption of plan. 

Contact:  Stephen Barton, Housing, 981-5400

13. Appointment:  Director of Planning and Development (PDF, 201 KB)

From: City Manager

Recommendation:  Adopt a Resolution confirming the selection of Daniel Marks as Director of Planning and Development at a salary of $132,996.

Financial Implications:  Permit Service Center Fund - $94,427; General Fund - $38,568.

Contact:  Nicki Spillane, Human Resources, 981-6800

14. Classification: Parking Enforcement Representative (PDF, 750 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61, 807-N.S., Classification/Salary for SEIU Local 790 Employees to change the class titles of Parking Enforcement Representative to Parking Enforcement Officer and Supervising Parking Enforcement Representative to Parking Enforcement Supervisor.

Financial Implications:  Enterprise Fund (840) - $2,500.

Contact: Nicki Spillane, Human Resources, 981-6800

15. Workers' Compensation Cost Saving Measure (PDF, 751 KB)

From: City Manager

Recommendation:  Adopt two Resolutions authorizing: 1) a Side Letter of Agreement with Service Employees International Union Local 790, Service Employees International Union Local 535, Part-Time Recreation Leaders Association/SEIU Local 535, Public Employees Union Local 1, and the International Brotherhood of Electrical Workers Local 1245 on workers’ compensation cost savings measures; and 2) workers’ compensation cost savings measures for non-sworn unrepresented and regular at will employees.

Financial Implications:  One-Time Bonus of $535 per Employee.  FY 2006 All Funds- $668,000, Offset by Savings.

Contact: Nicki Spillane, Human Resources, 981-6800

16. Delta Dental Plan Rate Increase (PDF, 237 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a 14.68% rate increase for the Delta Dental Plan for all coverage groups effective January 1, 2004, through December 31, 2004, and authorizing the City Manager to execute any amendments to the contract with Delta Dental Plan.

Financial Implications:  All Funds- $97,897.

Contact: Nicki Spillane, Human Resources, 981-6800

17. Extension of Temporary Appointments (PDF, 432 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of temporary appointments for Office Specialist II employees in the departments of 1) Health and Human Services, 2) City Manager, 3) Housing; and 4) Traffic Maintenance Worker I employees in the Office of Transportation.

Financial Implications:  1) Health and Human Services – Mental Health Fund $22,000, General Fund – $5,500, Public Health Fund – $5,500; 2) City Manager – General Fund $5,500 3) Housing – Housing Authority Fund $11,000, State Fund $5,500, General Fund $5,500 and 4) Transportation – Measure B Fund $25,560, Parking Meter Fund $12,780.

Contact:  Nicki Spillane, Human Resources, 981-6800

18. Health Plan Rate Increases (PDF, 323 KB)

From: City Manager

Recommendation:   Adopt two Resolutions: 1) approving a 14.28% rate increase for the Kaiser Foundation health plan, and 2) approving a rate increase of 13.5% for the Health Net Health Maintenance Organization plan and Point of Service plan for employees effective January 1, 2004, and rescinding Resolution No. 61,883 – N.S. and Resolution No. 61,884 – N.S.

Financial Implications:  All Funds- $506,716.

Contact:  Nicki Spillane, Human Resources, 981-6800

19. Contract: FY 2004 Emergency Sidewalk Project (PDF, 556 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2004 Emergency Sidewalk Project; 2) accepting the bid of AJW Construction; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $302,988, for the period of 120 calendar days.

Financial Implications:  General Capital Improvement Fund - $236,213; Gas Tax Fund - $21,775; Private Party Sidewalk - $45,000.

Contact: Rene Cardinaux, Public Works, 981-6300

20. Purchase Order: Radio Communications System Equipment (PDF, 210 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of radio communication system equipment and authorizing a purchase order to Industrial Communications in an amount not to exceed $80,000.

Financial Implications: Equipment Maintenance Fund - $80,000.

Contact: Rene Cardinaux, Public Works, 981-6300

21. Parking Mitigation Measures for Parking Enforcement Representatives (PDF, 342 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 56,508-N.S. by creating 21 on-street, preferential permit parking spaces for the exclusive use of Parking Enforcement Representatives (PERs) during specific times at the following locations: 1) five spaces on Fairview Street between Martin Luther King, Jr. Way (MLK) and Harper Street; 2) ten spaces on the east side of Martin Luther King, Jr. Way between Adeline Street and the BART driveway at Prince Street; and 3) six spaces on the east side of Martin Luther King, Jr. Way between BART driveway at Prince Street and the BART driveway to the north.

Financial Implications:  Traffic Maintenance Fund - $1,000.

Contact: Peter Hillier, Transportation, 981-7010

22. Contract: Community Services and Development Block Grant

a.      From: Human Welfare Community Action Commission (PDF, 152 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant for a total of $44,569 and executing any resultant agreements and amendments to provide low-income services for the period January 1, 2004 to December 31, 2004.
Financial Implications:  Revenue $44,569 allocated to community agencies.

Contact: Kristen Lee, Secretary, 981-5416

b.      From: City Manager (PDF, 59 KB)

Recommendation:  The City Manager concurs with the recommendation of the commission.

Contact: Stephen Barton, Housing, 981-5400

 

Appeals

23. 2746 Prince Street

a.      From:  City Manager

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving an Administrative Use Permit under Section 23D.28.030 of the Zoning Ordinance for the construction of a 645 square foot accessory structure with habitable space, and dismissing the appeal.

Contact:  Dan Marks, Planning, 981-7400

b.      Appeal  (PDF, 1 MB)

1.      Gay Sweet Scott and Gregory Lewis

c.       Communications  (PDF, 703 KB)

1.      David Salk and Leah Kaizer (2)

2.      Patrick Rigney

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.

 

Old Business

24.  Grant: Homeless Management Information Systems (PDF, 268 KB) (Held over from 12/16/03 by Mayor Bates)  

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)
Financial Implications:  Revenue - $40,000.

Contact: Stephen Barton, Housing, 981-5400

25.  Contract: Mattress Recycling and Disposal Services (PDF, 207 KB) (Held over from 12/16/03 by Councilmember Maio)

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.

Financial Implications:  Refuse Fund - $250,000.

Contact: Rene Cardinaux, Public Works, 981-6300

 

New Business

26. 3045 Shattuck Avenue (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution declaring the property at 3045 Shattuck a public nuisance pursuant to Berkeley Municipal Code (BMC) Section 23B.64.020.B and dismissing the appeal.

Financial Implications:  Negligible.

Contact: Dan Marks, Planning, 981-7400

27. Housing Ordinance Condominium Sale Price Requirements (PDF, 3 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23C.12.070.A to revise inclusionary unit pricing requirements, and Section 23C.12.090 authorizing the City Manager to issue regulations governing price setting and qualifying households.

Financial Implications:  None.

Contact: Stephen Barton, Housing, 981-5400

28. Mayoral Staff Salary Reduction (PDF, 60 KB)

From: Mayor Bates

Recommendation:  Approve request of the Mayor’s staff to reduce retirement benefits by 3%, matching reduction taken by City’s management team.

Financial Implications:  Savings to be determined.

Contact: Tom Bates, Mayor, 981-7100

29. Contracts:  Child Care Providers – Living Wage

a.      From: City Manager (PDF, 199 KB)

Recommendation:  Adopt a Resolution authorizing the appropriation of $42,284 from the Affordable Child Care Mitigation Fund for a one-time supplement allocation to cover the funding gap experienced by child-care agencies due to the FY 2004 increase in the living wage rates, and authorizing the City Manager to amend contracts with Ala Costa, Bay Area Hispano Institute for Advancement and Ephesians child-care providers to reflect the supplemental funding allocations.
Financial Implications:  Affordable Child Care Mitigation Fund - $42,284.

Contact: Stephen Barton, Housing, 981-5400

b.      From: Commission on Early Childhood Education (PDF, 274 KB)

Recommendation:  Adopt a Resolution directing the City Manager to find funds of approximately $40,000 to pay for the increase in the living wage allowance and provide stipends to the childcare agencies that need to comply with the living wage.

Contact: Marianne Graham, Secretary, 981-5416

30. General Plan Implementation: Berkeley Unified School District Land Use Decisions

a.      From: Planning Commission (PDF, 404 KB)

Recommendation:  Implement the General Plan Policy LU-42 concerning the Berkeley Unified School District (BUSD): “Encourage the BUSD to adopt a Resolution to make the School District’s land use decisions subject to the Zoning and the Landmarks Preservation Ordinances” by requesting that the BUSD adopt procedures for public notification, information and consideration of land use decisions similar to those required of the Zoning Adjustment Board and the City Council under the zoning ordinance procedures.
Financial Implications:  None.

Contact: Ruth Grimes, Secretary, 981-7481

b.      From: City Manager (PDF, 55 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Dan Marks, Planning, 981-7400

Information Reports

31. Quarterly Report: Employee Safety and Workers’ Compensation (PDF, 1 MB)

From: City Manager

Contact: Nicki Spillane, Human Resources, 981-6800

32. National Accreditation of the Public Works Department (PDF, 158 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

 

Communications (PDF, 4 KB)

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

City Attorney Honesty

1.      Anne Marselis Whyte

College Avenue – Neighborhood Issues

2.      Anne Marselis Whyte, Saint John’s Neighbors (4)

Acton Courtyard Apartments

3.      Patrick Kennedy

George, Berkeley Resident Shot and Killed

4.      Shblatt@***.com

Illegal Rooming Houses in Berkeley

5.      Barbara Gilbert

Budget Solutions and Cutting Costs

6.      Ned and Janis Dairiki

7.      Juergen Hahn and Gloria Stockton

8.      Helen Rippier Wheeler

9.      GraphicLink1

Telegraph Area Association

10.  Jelani L. Dotson, Dotson Design and Development, Inc.

Police and Fire Protection

11.  Cynthia Hecker

12.  Joan Sarnat

Automated Traffic Enforcement Program

13.  Mitch Cohen

Dangerous Sidewalk, 2930 College Avenue

14.  Anne Marselis

Dangerous Rain Run-off

15.  Anne Marselis

Don’s Auto Clinic

16.  Anne Marselis

 

Adjournment