Regular Meeting eAgenda
November 12
, 2002

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, NOVEMBER 12, 2002

Preliminary Matters

Roll Call:  7:00 p.m.

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

Comments from the City Manager:  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.

Comments from the Public:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Comments from Youth:  A total of 15 minutes is designated to allow youth an opportunity to address the Council.  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.      Amendment to Creeks Ordinance Definition of “Creek” and Adding a Provision to Allow for the Establishment of Fees for the Administration of the Chapter (PDF, 82 KB)  (first reading – unanimous)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section17.08.030.A to redefine “creek” allowing the City to maintain maps reflecting the presence of such creeks for the guidance of the public and adding a provision to allow for the establishment of fees for the administration of the chapter.

Contact:  Manuela Albuquerque, City Attorney 981-6950

2.      Contract:  2.7% at Age 55 Retirement Formula for Miscellaneous Employees (PDF, 492 KB) ( first reading – unanimous)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending the City’s contract with the California Public Employees’ Retirement System (CalPERS) to provide the 2.7% at Age 55 Full and Modified Retirement Formula as set forth in California Government Code Section 21354.5 for local miscellaneous employees only to be effective January 5, 2003.

Contact:  Ron Brown, Human Resources, 981-6800

3.      Contract:  Service Employees International Union Local 535

From:  City Manager

Recommendation:  Adopt two Resolutions: 1) approving a new six-year Memorandum Agreement with Service Employees International Union (SEIU) Local 535 with a term of July 7, 2002 through June 28, 2008 and authorizing the City Manager to execute and implement the new labor agreement that includes a salary adjustment retroactive to July 7, 2002; and 2) approving a new salary Resolution for Representation Units G-1, G-3, I-A, I-B and L that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 59,883–N.S.

Contact:  Ron Brown, Human Resources 981-6800

4.      Contract:  Service Employees International Union Local 790

From:  City Manager

Recommendation:  Adopt two Resolutions: 1) approving a new six-year Memorandum Agreement with Service Employees International Union (SEIU) Local 790 with a term of July 7, 2002 through June 28, 2008 and authorizing the City Manager to execute and implement the new labor agreement that includes a salary adjustment retroactive to July 7, 2002; and 2) approving a new salary Resolution for Representation Units D, J, K-1 and K-2 that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 59,798–N.S.

Contact:  Ron Brown, Human Resources 981-6800

5.     Contract:  Part-Time Recreation Leaders Association/Service Employees International Union Local 535 (PDF, 9.1 MB)

From:  City Manager

Recommendation:  Adopt two Resolutions: 1) approving a new six-year Memorandum Agreement with Part-Time Recreation Leaders Association/Service Employees International Union (SEIU) Local 535 with a term of July 7, 2002 through June 28, 2008 and authorizing the City Manager to execute and implement the new labor agreement that includes a salary adjustment retroactive to July 7, 2002; and 2) approving a new salary Resolution for Representation Units R-1 and R-2 that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 59,885–N.S.

Contact:  Ron Brown, Human Resources 981-6800

6.     Contract:  International Brotherhood of Electrical Workers Union Local 1245 (PDF, 7.4 MB)

From:  City Manager

Recommendation:  Adopt two Resolutions: 1) approving a new six-year Memorandum Agreement with International Brotherhood of Electrical Workers (IBEW) Local 1245 with a term of July 7, 2002 through June 28, 2008 and authorizing the City Manager to execute and implement the new labor agreement that includes a salary adjustment retroactive to July 7, 2002; and 2) approving a new salary Resolution for Representation Unit C that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 60,368–N.S.

Contact:  Ron Brown, Human Resources 981-6800

7.      Cost of Living Adjustment for Unrepresented Employees and Retiree Health Plan Modification (PDF, 2.6 MB)

From:  City Manager

Recommendation:  Adopt a Resolution approving cost of living adjustments for the Unrepresented Employees in Units Z-1, Z-2, Z-3, Z-4 and X-1 for the period July 7, 2002 through June 28, 2008 and approving an increase in the unrepresented Retiree Medical Post 65 Premium Assistance Benefit and rescinding Resolution No. 61,123–N.S., Classification and Salary Resolution.

Contact:  Ron Brown, Human Resources 981-6800

8.      Senior Crime Scene Technician Classification (PDF, 206 KB)

From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution 59,798–N.S. Classification and Salary Resolution for SEIU Local 790, to establish a Senior Crime Scene Technician classification with a salary range of $3,642 to $3,930 per month, effective February 26, 2001.

Contact:  Ron Brown, Human Resources 981-6800

9.      Supplemental Military Leave Benefit (PDF, 256 KB)

From:  City Manager

Recommendation:  Adopt a Resolution providing an additional four months supplemental military leave benefit for City employees who have been called up to active duty as part of the United States response to the September 11, 2001 attacks.

Contact:  Ron Brown, Human Resources 981-6800

10.  Contract:  Employee Assistance Program (PDF, 2.3 MB)

From:  City Manager

Recommendation:  Adopt two Resolutions: 1) authorizing the extension of the contract with Managed Health Network (MHN) through October 31, 2002 for an additional amount not to exceed $32,695; and 2) authorizing a new contract with Claremont Behavioral Services to provide services for the Employee Assistance Plan (EAP) effective November 1, 2002 though June 30, 2005 in an amount not to exceed $250,104.

Contact:  Ron Brown, Human Resources 981-6800

11.  Minutes for Approval (PDF, 2.7 MB)

From:  City Manager

Recommendation:  Approve minutes of:  a)  October 8, 2002 (regular); b)  October 8, 2002 (special); c)  October 15, 2002 (regular); d)  October 22, 2002 (regular); and e)  October 22, 2002 (special).

Contact:  Sherry Kelly, City Clerk 981-6900

12.  Needle Exchange Emergency Distribution (PDF, 163 KB)

From:  City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the 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

13.  Updated Conflict of Interest Code (PDF, 6.7 MB)

From:  City Manager

Recommendation:  Adopt a Resolution adopting a revised Conflict of Interest Code and rescinding Resolution No. 61,297–N.S.

Contact:  Sherry Kelly, City Clerk, 981-6900

14.  Downtown Berkeley Business Improvement District (PDF, 1 MB)

From:  City Manager

Recommendation:  Adopt a Resolution approving the 2003 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council’s intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2003; and directing the City Clerk to schedule a public hearing for December 10, 2002 to consider levying a renewed assessment for the year 2003.

Contact:  Tom Myers, Economic Development 705-8180

15.  Borrowing of Funds and the Sale and Issuance of Fiscal Year 2003 Tax and Revenue Anticipation Notes (PDF, 1.7 MB)

From:  City Manager

Recommendation:  Adopt a Resolution providing for the borrowing of funds and the sale and issuance of Fiscal Year 2003 Tax and Revenue Anticipation Notes.

Contact:  Fran David, Finance 981-7300

16.  Contract:  HIV/AIDS Housing Assistance Program (PDF, 135 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Catholic Charities in an amount not to exceed $60,000 for continuing operation of the City of Berkeley’s HIV/AIDS Housing Assistance Program for the period July 1, 2002 through June 30, 2003.

Contact:  Stephen Barton, Housing 981-5400

17.  Contract:  Joint Winter Shelter – Oakland Army Base (PDF, 283 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing: 1) a payment of $56,000 to the City of Oakland, Community and Economic Development Agency, representing the City’s pro-rata share of direct program operating costs related to the Joint Winter Shelter Program at the Oakland Army Base; 2) payment of up to $40,000 to Bay Area Rapid Transit (BART) for Winter Shelter Program related transportation costs; 3) a contract amendment with the Berkeley Food and Housing Project in the amount of $5,914 to provide Winter Shelter Program client referral and coordination services; and 4) a contract amendment with the Women’s Daytime Drop-In Center in the amount of $5,086 for administration of the Winter Voucher Program.

Contact:  Stephen Barton, Housing 981-5400

18.  Correction to the Zoning Ordinance Addressing Permits Required for Additions and Enlargements to Properties That are Lawfully Non-Conforming (PDF, 1.5 MB)

From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 23C.04.070 to correct a section of the ordinance that was unintentionally altered during the zoning ordinance revisions process to require a variance, rather than a use permit, for additions or enlargements of properties with legal non-conforming lot coverage, floor area ratio or density.

Contact:  Carol Barrett, Planning 981-7400

19.  Contract:  Environmental and Project Analysis of a Modification to the Library Gardens Project (PDF, 226 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pacific Municipal Consultants (PMC) for a period of 18 months for preparation of required environmental documentation and staff reports associated with the Library Gardens use permit modification project, 2020 Kittredge Street, for a total amount not to exceed $59,600.

Contact:  Carol Barrett, Planning, 981-7400

20.  Purchase Order:  3-M Solar-Powered Driver Feedback Speed Sign (PDF, 250 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to waive competitive bidding and purchase from Z.A.P. Manufacturing, Inc., eight 3-M solar-powered driver feedback speed signs and communication modem kit for an amount not to exceed $70,000.

Contact:  Peter Hillier, Transportation 981-7000

21.  Contract:  Speed Surveys and Volume Controls (PDF, 197 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with CMC Traffic Data Services, dba Marks Traffic Data Services, to add $27,000 for speed surveys and volume counts, and extend the expiration date to December 31, 2003.

Contact:  Peter Hillier, Transportation 981-7000

22.  Vehicle Towing from Designated Parking Spaces (PDF, 363 KB)

From:  City Manager

Recommendation:  1)  Adopt first reading of an Ordinance to amend Berkeley Municipal Code (BMC) Section 6.24.200 to allow removal of vehicles from City parking lots and garages when any vehicle is parked or left standing when such parking or standing is restricted or prohibited by ordinance or resolution of the City and signs are posted giving notice of such removal; and 2)  adopt a Resolution identifying off-street and on-street parking spaces that are restricted parking, and authorizing that vehicles illegally parked or blocking such spaces may be removed by towing.

Contact:  Peter Hillier, Transportation 981-7000

23.  Presentation on West Nile Virus Preparation Measures (PDF, 50 KB)

From:  Mayor Dean

Recommendation:  Approve a 10-minute presentation on December 10, 2002 by John Rusmisel, General Manager of the Alameda County Mosquito Abatement District, on local measures to prepare for the eventual arrival of the West Nile Virus.  The presentation will publicize the facts about this disease, its journey to California, and measures to be taken to mitigate its impact.

Contact:  Shirley Dean, Mayor, 981-7100

24.  Enforcing Ordinances Regulating Noise Against Competition Automobile Audio Equipment (PDF, 260 KB)

From:  Mayor Dean

Recommendation:  Request the City Manager evaluate possible strategies to protect the public from constant intermittent exposure to low frequency sounds emitted by automobile after-market base amplifiers; to refer this issue to the appropriate commissions (Health Commission, Community Environmental Advisory Commission, and others); and if appropriate, to request the City Attorney to make recommendations to increase the effectiveness of current ordinances; and to report back to Council in four months on progress.

Contact:  Shirley Dean, Mayor 981-7100


Action Calendar – Appeals

25.  Approval of Use Permit – 91 Bolivar Avenue

a.      Appeal filed by Zasa Swanson (PDF, 27 KB)

Contact:  Sherry Kelly, City Clerk 981-6900

b.      From:  City Manager (PDF, 14.2 MB)

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve a modification to Use Permit 6839 to construct 19,518 square foot addition to an existing laboratory building at 91 Bolivar Drive, and dismissing the appeal.

Contact:  Carol Barrett, Planning, 981-7400

c.       Communications (PDF, 252 KB)

1.      Jason Jones

2.      Marcy Greenhut

3.      Charles Siegel


Action Calendar – Old Business

26.  FY2003 First Quarter Budget Update – Follow-up Discussion (PDF, 289 KB)

From:  City Manager

a.      Ecocity Builders – Heart-of-the-City Project Feasibility Study (PDF, 193 KB)

Recommendation:  Adopt a Resolution authorizing the set aside of up to $20,000, representing 25% (one-quarter) of the cost of a feasibility study for a downtown hotel/convention center and pedestrian plaza, with final funding contingent upon matching contributions from the University of California and a revised scope of study to include direct economic impacts on City revenues.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

b.      Funding Request for U.C. Berkeley Fiscal Impact Study (PDF, 201 KB)

Recommendation:  Adopt a Resolution authorizing $50,000 in FY2002 carry-over savings to provide one-time funding for a U.C. Berkeley (UCB) Fiscal Impact Study to be conducted in calendar year 2003.  The results would inform the City’s negotiations with UCB as they prepare to adopt a new Long Range Development Plan.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

c.       Animal Shelter Funding

1.      From:  Mayor Dean, Councilmember Spring, and Councilmember Olds (PDF, 31 KB)

Recommendation:  Pending the outcome of a meeting of the Council Animal Services Task Force, scheduled for November 8, 2002.

Contact:  Shirley Dean, Mayor 981-7100/Dona Spring, Councilmember District 4, 981-7140/Betty Olds, Councilmember District 6, 981-7160

2.      From:  City Manager (PDF, 183 KB)

Recommendation:  Authorize the City Manager to use $62,770 of the $85,000 set aside to cover costs of extra veterinary bills for recurring costs of Animal Task Force recommended shelter improvements.  This will leave a balance of $22,230 in as yet unallocated funds to support additional funding recommendations from the Humane Commission.  Note:  This recommendation is being made pending the outcome of a meeting of Council’s Animal Service Task Force to be held on November 8th.  A report on the outcome of that meeting will be delivered, to supplement the information presented in this report.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

3.      From:  Citizens’ Humane Commission (PDF, 104 KB)

Recommendation:  Direct the City Manager to allocate $65,000 out of the general fund and/or carryover funds to cover vet fees and operating costs.  The Task Force/Humane Commission account of $85,000 should be reserved for shelter improvements, namely: $55,000 for an adoption counselor; $15,000 for multi lingual education material; and $5,000 for training and socialization of the animals.

Contact:  Kate O’Connor, Secretary, 981-6601

d.      Holiday Marketing (PDF, 103 KB)

Recommendation:  That no additional funding be allocated for a Holiday Marketing campaign unless the Council identifies a source of funding, consistent with its action of October 15th to place a moratorium on new discretionary funding requests.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

27.  Aquatic Park Vegetation Management and Tree Trimming Status Report (PDF, 568 KB) (held over by Councilmember Worthington from 10/08/2002 and 10/22/2002)

From:  City Manager

Contact:  Lisa Caronna, Parks and Waterfront 981-6700

28.  Eastshore Park Preliminary General Plan (PDF, 2.65 MB) (CF 141-02)  (held over by Councilmember Spring from 10/22/2002)

From:  City Manager

Recommendation:  Authorize the City Manager to send a letter to California State Parks Commission with the comments on the Eastshore Park Preliminary General Plan.

Contact:  Lisa Caronna, Parks and Waterfront 981-6700


Action Calendar – New Business

29.  Contract:  Eco Pass Program (PDF, 592 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any related amendments with the Alameda-Contra Costa Transit District (AC Transit) for the continuation of an Annual Transit Pass Demonstration Project (Eco Pass Program) for City employees in an amount not to exceed $100,000 for the period beginning January 1, 2003 and ending December 31, 2003.

Contact:  Peter Hillier, Transportation 981-7000

30.  Memorandum of Understanding:  Parking in Bus Zones (PDF, 304 KB) (CF 22-02)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to co-sign a Memorandum of Understanding (MOU) with Alameda Contra Costa Transportation District (AC Transit) to implement off-peak period parking at the bus stop zone located at Monterey Avenue and Hopkins Street, on a 6-month trial basis, where buses run during commute hours only.

Contact:  Peter Hillier, Transportation 981-7000


Information Reports

31.  Formal Bid Solicitations and Request for Proposals (PDF, 436 KB)

From:  City Manager

Contact:  Fran David, Finance 981-7300

32.  Environmentally Responsible Paper Purchases; Chlorine Process Free Paper and Tree-Free “Copy Paper”  (PDF, 657 KB) (CF 92-99 and 48-02)

From:  City Manager

Contact:  Fran David, Finance 981-7300

33.  Expand Labeling on Food Products (PDF, 378 KB) (CF 20-02)

From:  City Manager

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

34.  Density in Berkeley (PDF, 2.7 MB) (CF 106-02)  

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400, Stephen Barton, Housing 981-5400


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.

Parking and Traffic Dispute

1.      Matt Crane

Indigenous Peoples’ Day

2.      7 Student Letters Submitted by National Hispanic Professor Dr. Roger Rosenberg

Pedestrian Safety Issues

3.      81 Signature Petition Submitted by William Lyman

4.      Letter with 9 Signatures Submitted by International Rivers Network

Heart of the City Project

5.      Hank Resnik

6.      Berkeley Horticultural Nursery

7.      Urban Creeks Council of California

Smoking Neighbors in Apartment Buildings

8.      Francesca Healy

Creek Definition Clarification

9.      Dr. Juliet Lamont

Bus Stop Changes

10.  Peter Jansen

Broadcasting of Zoning Adjustment Board Meetings

11.  Honor Thompson

Tribute to Senator Wellstone

12.  Senator Barbara Boxer

Addison Art Street

13.  Summer Brenner

Baggage Removed from West Washington University Campus

14.  Jimmie Blaine


Adjournment