Consent
Calendar – Recess
Moved,
seconded and carried (Hawley/Worthington; Absent – Breland) to adopt the
Consent Calendar in one motion except as indicated:
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
Action: Adopted Resolution No. 62,338 –
N.S. (PDF, 146 KB)
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
Action: Adopted Resolution No. 62,339 –
N.S. (PDF, 79 KB)
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
Action: Adopted Resolution No. 62,340 –
N.S. (PDF, 102 KB)
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.
Action: Adopted Resolution No. 62,341 –
N.S. (PDF, 128 KB)
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
Action: Adopted Resolution No. 62,342 –
N.S. (PDF, 143 KB)
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: Contact: Sherry Kelly, City Clerk, 981-6900
Action: Approved
minutes.
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
Action: Adopted
Resolution No. 62,343 – N.S. (PDF, 99 KB)
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
Action: Adopted first
reading of Ordinance. Second reading scheduled for January 20, 2004.
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
Action: Adopted Resolution
No. 62,344 – N.S. (PDF, 102 KB)
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
Action: Adopted Resolution No. 62,345 –
N.S. (PDF, 70 KB)
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
Action: Adopted Resolution No. 62,346 –
N.S. (PDF, 138 KB)
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
Action: Adopted Resolution No. 62,347 –
N.S. (PDF, 86 KB)
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
Action: Adopted Resolution No. 62,348 –
N.S. (PDF, 63 KB)
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
Action: Adopted Resolution No. 62,349 –
N.S. (PDF, 125 KB)
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
Action: Held over by
the City Manager to January 27, 2004.
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
Action: Adopted
Resolution No. 62,350 – N.S. (PDF, 80 KB)
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
Action:
Adopted Resolution No. 62,351 – N.S. (PDF,
70 KB)
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
Action:
Adopted Resolution No. 62,352 – N.S. (PDF,
55 KB) and Resolution No. 62,353 –
N.S. (PDF, 90 KB)
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
Action:
Removed from Consent Calendar by Councilmember Spring. Moved,
seconded, carried (Wozniak/Hawley; Abstain – Spring; Absent – Breland) to adopt
Resolution No. 62,354 – N.S. (PDF, 93 KB)
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
Action: Adopted Resolution No. 62,355 –
N.S. (PDF, 93 KB)
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
Action:
Removed from the Consent Calendar by Mayor Bates. Moved, seconded, carried (Maio/Wozniak;
Abstain – Spring; Absent – Breland) held over to the meeting of January 27,
2004 and in the meantime to form a Council subcommittee to meet with staff.
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
Action: Adopted Resolution No. 62,356 –
N.S. (PDF, 68 KB)
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
Action: Moved to Consent Calendar by Councilmember
Maio and adopted Resolution No. 62,360 –
N.S. (PDF, 894 KB) as revised by staff.
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
Actions:
Moved, seconded (Wozniak/Hawley) a main motion to adopt the first
reading of the revised ordinance as proposed by staff and to also include a
review by Council in two years.
Moved, seconded, carried (Worthington/Spring; Noes –
Hawley, Olds, Wozniak; Absent – Breland) a substitute motion to adopt first
reading of the Ordinance revised by staff and further revised to include a
sunset clause in two years and asked that the City Manager’s proposed
regulations governing implementation (Attachment 3) come back to the Council for
review prior to any change. Second reading scheduled for January 20, 2004.
Councilmembers further provided staff with a list of issues
and questions to be addressed in a future report and proposed amendments.
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
Action: Moved, seconded, carried (Worthington/Maio; Absent – Breland,
Spring) to approve the recommendation with the amendment to include any other
legislative aides that volunteer to be included in the salary reduction
program.
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
Action: Moved, seconded, carried (Hawley/Maio,
Absent – Breland) to adopt Resolution No. 62,361 –
N.S. (PDF, 72 KB)
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
Action: Held over by
Mayor Bates to January 27, 2004.
