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Agenda
Committee Item #5 |
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Draft AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 13, 2004 – 7:00 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
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-unknown.
Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700
2. Mills Act Contract: 883 Arlington Avenue
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:
Contact: Dan Marks, Planning, 981-7400
3. Mills Act Contract: 2601 – 2603 Hillegass Avenue
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:
Contact: Dan Marks, Planning, 981-7400
4. Contract: Sanitary Sewer Project
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, 981-6330.
5. Contract: 1947 Center Street Janitorial Services
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
From: City Manager
Recommendation: Approve the minutes for Council meetings of December 9, 2003 (regular) and December 16, 2003 (special, closed and regular).
Contact: Contact: Sherry Kelly, City Clerk, 981-6900
7. 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
8. Amendment to FY 2004 Annual Appropriations Ordinance
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:
Contact: Paul Navazio, Budget, 981-7000
9. Loan to Court Appointed Receiver: 2455 Prospect and 2412 Piedmont
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 - $24,000.
Contact: Manuela Albuquerque, City Attorney, 981-6950
10. Contract: Banking Services
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
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
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:
Contact: Stephen Barton, Housing, 981-5400
13. Inclusionary Housing Ordinance Condominium Sale Price Requirements
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:
Contact: Stephen Barton, Housing, 981-5400
14. Appointment: Director of Planning and Development
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.
Contact: Nicki
Spillane, Human Resources, 981-6800
Financial Implications: Permit Service Center Fund - $94,427;
General Fund - $38,568.
15. Classification: Parking Enforcement Representative
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
16. Workers' Compensation Cost Saving Measure
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: Bonus of $535 per employee – FY 2006 General Fund - $668,000.
Contact: Nicki Spillane, Human Resources, 981-6800
17. Delta Dental Plan Rate Increase
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: Benefits Delta Fund - $97,897.
Contact: Nicki Spillane, Human Resources, 981-6800
18. Extension of Temporary Appointments
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
19. Health Plan Rate Increases
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: Payroll Deduction Trust Fund - $506,716.
Contact: Nicki Spillane, Human Resources, 981-6800
20. 3045 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution declaring the property at 3045 Shattuck a public nuisance and dismissing the appeal.
Financial Implications:
Contact: Dan Marks, Planning, 981-7400
21. Contract: FY 2004 Emergency Sidewalk Project
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, 981-6330
22. Purchase Order: Radio Communications System Equipment
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
23. Parking Mitigation Measures for Parking Enforcement Representatives
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
24. Contract: Community Services and Development Block Grant
a. From: Human Welfare Community Action Commission (PDF, 192 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: Marianne Graham, Secretary, 981-5416
b. From: City Manager
Recommendation: The City Manager concurs with the recommendation of the commission.
Contact: Stephen Barton, Housing, 981-5400
Appeals
25. 2746 Prince Street
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
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
26. Grant: Homeless Management Information Systems (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
Financial Implications:
27. Contract: Mattress Recycling and Disposal Services (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.
Contact: Rene Cardinaux, Public Works, 981-6300
Financial Implications: Refuse Fund - $250,000.
New Business
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: Living Wage Increase
a. From: City Manager
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, 241 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 (PDF, 456 KB)
a. From: Planning Commission
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
Recommendation: The City Manager concurs with the content and recommendations of the report.
Contact: Dan Marks, Planning, 981-7400
Time Critical
Time Critical Items: In the event that the City Manager, Auditor, Mayor, or Councilmember becomes aware of an urgent issue that cannot be held until the next scheduled Agenda Committee meeting, the Clerk is authorized to accept an item without Agenda Committee review until Tuesday at 12:00 p.m. on the week prior to the Council meeting. These “Time Critical” items must be submitted with a cover page that includes: 1) a detailed explanation of why the item could not have been submitted by the normal deadline, and 2) a detailed explanation of why the item cannot wait to follow the normal agenda process. These items will be included in a separate section of the Council Agenda at the end of the Action Calendar. The Council may vote to refer it back to the Agenda Committee if they determine that the item does not meet the criteria for a “Time Critical”
Information Reports
31. Proposed Council Work Sessions
From: City Manager
Contact: Arrietta Chakos, City Manager 981-7000
32. Quarterly Report: Employee Safety and Workers’ Compensation
From: City Manager
Contact: Nicki Spillane, Human Resources, 981-6800
33. Formal Bid Solicitations and Request for Proposals
From: City Manager
Contact: Fran David, Finance, 981-7200
34. National Accreditation of the Public Works Department
From: City Manager
Contact: Rene Cardinaux, Public Works, 981-6300
Communications
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
Adjournment