Regular Meeting eAgenda
January 14
, 2003

printer friendly pdf

Printer-friendly PDF* agenda: (12 KB)

 

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.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, January 14, 2003

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.      Recess Items

a.     Contract:  Financial Software Maintenance  (PDF, 198 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement with H.T.E. Inc. for maintenance of software for the City’s financial system, FUND$, for a total amount not to exceed $96,000, for the period July 1, 2002 to June 30, 2003.

Contact:  Chris Mead, Information Technology, 981-6500

2.      Minutes for Approval (PDF, 2.2 MB)

From:  City Manager

Recommendation:  Approve minutes of a) December 10, 2002 (regular); b) December 17, 2002 (special); and c) December 17, 2002 (regular).

Contact:  Sherry Kelly, City Clerk 981-6900

3.      Needle Exchange Emergency Distribution (PDF, 162 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

4.      Establishing City Council Study Session Workshop Schedule (PDF, 587 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing a special meeting schedule for study session workshops.

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

5.      Grant: Child Passenger Safety Seats (PDF, 314 KB)

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to accept a grant from the California Department of Health Services Vehicle Occupant Safety Program for funds in the amount of $2,500 for the period January 1, 2003 to January 31, 2003 to purchase and distribute child passenger safety seats and child booster seats to low-income families in Berkeley; to execute the resultant revenue agreements and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

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

6.      Grant: Buffergel Study (PDF, 315 KB)

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to accept a grant from the California Family Health Council for funds in the amount of $22,750 for the period January 15, 2003 to September 30, 2004 to participate in a study of diaphragm users and their partners; and authorizing the City Manager to execute any resultant revenue agreement and amendments, and to appropriate funding for related expenditures, subject to securing the grant.

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

7.      Contract: Low-Income Energy Revenues (PDF, 351 KB)

From: City Manager

Recommendation:   Adopt a Resolution l) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the initial amount of approximately $30,000 for the approximate period January 1, 2003 through December 31, 2003; 2) approving the Prioritization Plan; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Contact: Stephen Barton, Housing, 981-5400

8.      Contract: Lighting Services (PDF, 1.4 MB)

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute contracts and any amendments, including amendments to the scope, term and payment terms, with A Bright Idea and Tru-Bright, Inc. for lighting audit and installation services for amounts not to exceed $200,000 and $416,000 respectively, for the period February 1, 2003 through December 31, 2003, in order to add these two firms to the list of six existing private firms that are providing services to the California Public Utilities Commission-funded Smart Lights Program.

Contact: Stephen Barton, Housing, 981-5400

9.      Cash Disbursement Fund for Redeeming Used Paratransit Scrip (PDF, 160 KB)

From: City Manager

Recommendation:   Adopt a Resolution increasing the cash-disbursement fund by $3,000 for a total amount not to exceed $8,000, for the redemption of taxi scrip by taxicab owners/drivers.

Contact: Stephen Barton, Housing, 981-5400

10.  Extension of Temporary Appointment of Intern: Planning and Development and Office of Transportation (PDF, 235 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the extension of the temporary intern appointment of 20 hours a week in the Planning and Development Department from December 20, 2002 to February 20, 2003 and authorizing 20 hours per week in the Office of Transportation from December 20, 2002 to June 20, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

11.  Side Letter of Agreement with the Berkeley Police Association (PDF, 360 KB)

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Police Association (BPA) to modify Section 32.1 (Retiree Medical Coverage) of the Memorandum of Understanding (MOU) to clarify that the calculation of the amount of sick leave liquidation to be used for paying post retirement health care premiums is to be based on the health plan the employee is enrolled in upon retirement.

Contact: Nicki Spillane, Human Resources, 981-6807

12.  Equity Adjustment for Staff Attorney III Classification in the Rent Stabilization Board (PDF, 425 KB)

From: City Manager

Recommendation:   Adopt a Resolution amending Classification/Salary Resolution No. 61,812-N.S.to provide a 1.5% equity salary adjustment for the Staff Attorney III classification in Unit Z2 (Professional Classifications) Rent Stabilization Board, effective January 5, 2003.

Contact: Nicki Spillane, Human Resources, 981-6807

13.  Equity Salary Adjustment for Health Officer Classification (PDF, 786 KB)

From: City Manager

Recommendation:   Adopt a Resolution amending the Classification/Salary Resolution No. 61,812-N.S. to provide an equity salary adjustment and to establish deep salary ranges for the Health Officer classifications in Unit Z1, Confidential Executive and Management Classifications, effective July 7, 2002.

Contact: Nicki Spillane, Human Resources, 981-6807

14.  Equity Salary Adjustment for Senior Human Resources Analyst Classification  (PDF, 724 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Classification/Salary Resolution No. 61,812-N.S. to provide equity salary adjustments for the Senior Human Resources Analyst classification in Unit Z2, Confidential Professional Classifications.

Contact: Nicki Spillane, Human Resources, 981-6807

15.  Establish the General Services Manager Classification (PDF, 543 KB)

From: City Manager

Recommendation:   Adopt a Resolution amending Resolution No 61,840-N.S., Classification and Salary Resolution for Local One Employees, to establish the classification of General Services Manager with a salary range of $5,935 to $7,229, effective January 1, 2003 and abolishing the classification of Purchasing Manager.

Contact: Nicki Spillane, Human Resources, 981-6807

16.  Contract: Appliance Collection and Refrigerant Recovery Services (PDF, 266 KB)

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with JACO Environmental for appliance collection, refrigerant recovery, and recycling services for the period February 1, 2003 through June 30, 2007, in an amount not to exceed $200,000.

Contact: Rene Cardinaux, Public Works, 981-6300

17.  Zoning Ordinance Amendment: Summary Denial of Permits in Cases Involving Nuisance Abatement (PDF, 228 KB)

From: City Manager

Recommendation:   Adopt first reading of an Ordinance adding a new section 23B.24.070 to the Berkeley Municipal Code (BMC), to permit the summary denial of applications to legalize public nuisances that the City has already ordered to be abated.

Contact: Carol Barrett, Planning, 981-7400

18.  Adoption of Building Codes (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt 1) first reading of an Ordinance repealing the Berkeley Building, Electrical, Mechanical and Plumbing Codes and related procedural provisions in Berkeley Municipal Code (BMC) Chapters 19.28, 19.30, 19.32 and 19.36 and adopting new Chapters 19.28, 19.30, 19.32 and 19.36 and procedural provisions; and 2) a Resolution setting forth findings of local conditions that require more stringent regulations than those provided by the 2001 California Building Code and rescinding Resolution No. 60,821-N.S.

Contact: Carol Barrett, Planning, 981-7400 

19.  Modify the Landmarks Preservation Commission designation of 1326 Allston Way, the City Corporation Yard as a Landmark (PDF, 582 KB)

From: City Manager

Recommendation:   Adopt a Resolution modifying the July 1, 2002 Landmarks Preservation Commission (LPC) designation of the site of the Corporation Yard at 1326 Allston Way, the Ratcliff Building and 28 cedar trees, a City Landmark and designating the main portion of the Ratcliff building that is parallel with Allston Way, and the twenty-eight (28) cedar trees at the northeast corner of the site a City Landmark.

Contact: Rene Cardinaux, Public Works, 981-6300

20.  Walk to School and Work Day (PDF, 130 KB)

From: Councilmember Spring, Maio and Worthington

Recommendation:  Join the Berkeley Unified School District (BUSD) board in passing a Resolution in support of Walk to School and Work Day.

Contact: Dona Spring, Councilmember District 4, 981-7140

21.  Promote the Recycling of Batteries (PDF, 409 KB)

From: Community Environmental Advisory Commission

a.     From: Community Environmental Advisory Commission

Recommendation:   Direct the City Manager, within six months, to evaluate effective actions to encourage battery recycling.  Staff shall review the Community Environmental Advisory Commission (CEAC) proposed actions then prepare a battery-recycling plan for CEAC and Solid Waste Commission for review.  The plan should include a budget and recycling goals that will reduce household, as well as city-generated batteries from the municipal waste stream.

Contact: Nabil Al-Hadithy, Secretary 981-7460

b.     From: City Manager

Recommendation:   The City Manager concurs with the content and recommendations of the Commission’s Report.

Contact: Carol Barrett, Planning, 981-7400

22.  Deconstruction of Bevatron at LBNL (PDF, 405 KB)

a.     From: Community Environmental Advisory Commission

Recommendation:  Send a letter to Director Shank of Lawrence Berkeley National Laboratory (LBNL) requesting: LBNL distribute environmental reviews of Building 51 (Bevatron) when funding is received.  For any further phases of the deconstruction project, before the deconstruction begins, ask LBNL for a summary statement of the goals of the project.

Contact:  Nabil Al-Hadithy, Secretary 981-7461

b.     From: City Manager

Recommendation:   The City Manager concurs with the Community Environmental Advisory Commission’s (CEAC) recommendation.

Contact: Carol Barrett, Planning, 981-7400

23.  Appointment of Therese Powell to the Board of Library Trustees (PDF, 156 KB)

a.     From: Board of Library Trustees

Recommendation:   Adopt a Resolution approving the recommendation of the Board of Library Trustees to appoint Therese Powell for a four-year term ending January 14, 2007.

Contact: Jackie Y. Griffin, Library Services, 981-6195

b.     From: City Manager

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

Contact: Jackie Y. Griffin, Library Services, 981-6195


Action Calendar-Appeals

24.  1735 Cedar Street: Appeal of Zoning Adjustments Board Decision (PDF, 3.7 MB)  |  Staff Report (PDF, 6.6 MB)

From: City Manager

Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision, based on the record and the permit’s findings and conditions of approval, regarding the Zoning Officer’s approval of 1735 Cedar Street, a 693 square-foot major residential addition with roof deck, Administrative Use Permit # 02-2000010

Contact: Carol Barrett, Planning, 981-7400

a.     Appeals

1.     Marilyn Saarni, Brian Morris and Margaret Saarni-1541 Edith Street (PDF, 3.2 MB)

2.     Stephen Shmanske and Marian Stevens-1543 Edith Street (PDF, 387 KB)

b.     Communications (PDF, 4.7 MB)

1.     Stephen Shmanske and Marian L. Stevens –Addendum to Appeal

2.     Adam and Alice Pressman- Applicants

3.     Tom and Timna Harper

4.     Abigail Levinson Marks

5.     Marianne Scott

6.     Lindsay Scott and Andy Armstrong
 

Action Calendar - Old Business

25.  Proclamation:  Farm Animals as Sentient Beings (PDF, 447 KB) (held over from 12/17/2002 by Councilmember Wozniak-revised by Councilmember Spring)  

From:  Councilmember Spring

Recommendation:  Approve a proclamation for more humane treatment of animals raised in agribusiness as approved by the Citizens Humane Commission and direct the City Clerk to forward the proclamation to Farm Animal Sanctuary.

Contact:  Dona Spring, Councilmember District 4, 981-7140

 

Presentations

26.  “Street Smarts,” a proposed Regional Pedestrian Safety Awareness Campaign (15 minutes)  (held over from 12/17/200 by Councilmember Spring)

Contact: Dona Spring, Councilmember District 4, 981-7140

27.  Additional Sports Fields (15 minutes) (PDF, 1.8 MB)

a.     From: Parks and Recreation Commission

Recommendation:  Authorize the City Manager to write a letter to the Berkeley Unified School District (BUSD) requesting that BUSD apply Measure AA funds to develop sports fields to meet the needs of student athletes and to revisit the possible use of Derby Street for playing fields.

Contact: Deborah Chernin, Secretary, 981-6715

b.     From: City Manager

Recommendation Authorize the City Manager to write a letter to the Berkeley Unified School District (BUSD) requesting they evaluate BUSD Measure AA funds or any other possible funding sources for development of playing fields.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700


Action Calendar-New Business

28.  Negative Declaration on Proposed Construction of the Molecular Foundry by Lawrence Berkeley National Laboratory  (PDF, 263 KB)

From: Councilmember Spring

Recommendation:   Direct the City Manager send a letter to the Director and Environmental Planning Coordinator, Jeff Philber, of Lawrence Berkeley National Laboratory (LBNL) asking that the public comment period on the negative declaration for the proposed construction of the Molecular Foundry be extended an additional 45 days due to the holiday break; and that the Council and staff submit comments on the adequacy of the environmental review.

Contact: Dona Spring, Councilmember District 4, 981-7140

29.  Homeless Commission Issues

From: Homeless Commission

a.     Emergency Shelter (PDF, 305 KB)

Recommendation:   Adopt a Resolution allocating an additional $50,000 to fund beds for emergency shelter and to direct the City Manager to determine where to site and which population to serve with additional beds.

Contact: Jane Micallef, Secretary, 981-5426

b.     Homeless Encampment (PDF, 243 KB)

Recommendation: Encourage staff to continue discussions with the Homeless Union to establish a permanent peace camp and to encourage the City to relax enforcement of trespass and lodging laws.

Contact: Jane Micallef, Secretary, 981-5426

c.     From: City Manager (PDF, 518 KB)

Recommendation:   The City Manager recommends that the issues of Emergency Shelter and Homeless Encampment be referred to the mid-year budget process and to a Council work session on January 21, 2003.

Contact: Stephen Barton, Housing, 981-5400
 

Items Not Approved by Rules Committee

Council Rules of Procedure require that if the Auditor or a Councilmember desires to place an item, not approved by the Rules Committee, on the Council's agenda, the report is to be listed on this section of the Agenda.  The item may be discussed and acted upon only upon passage of a Council motion to take up the matter contrary to the determination of the Rules Committee.

30.  Council Subcommittee on New Animal Shelter (PDF, 304 KB)

From:  Councilmembers Spring and Olds

Recommendation:  Designate Councilmembers Olds and Spring and three members of the Citizens’ Humane Commission and other interested citizens to a Council advisory subcommittee to assist in finding an appropriate site and design for the new animal shelter.

Contact:  Dona Spring, Councilmember District 4, 981-7140; Betty Olds, Councilmember District 6, 981-7160

a.     Minority Report
From:  Councilmember Spring

Contact:  Dona Spring, Councilmember District 4, 981-7140


Information Reports

31.  Formal Bid Solicitations and Request for Proposals  (PDF, 407 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

32.  Update on Day Laborers (PDF, 275 KB)

From: City Manager

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

33.  Response to Alcohol and Other Drugs in the City (PDF, 270 KB)

From:  City Manager

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

34.  Results of Fitness Tests of Berkeley Students (PDF, 539 KB)

From:  Councilmember Hawley

Contact:  Mim Hawley, Councilmember District 5, 981-7150

35.  Annual Work Plan (PDF, 129 KB)

From: Commission on Labor

Contact: Delfina M. Geiken, Secretary, 644-6086


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.

Rules Committee

1.     Maris Arnold

2.     Randy Lyman, Co Chair, Freedom of Information Committee-SPJ No. CA Chapter

3.     Daveed Mandedll

Commission and Board Appointments

4.     Walter Wood

5.     Stephanie Roeser

1600 Shattuck-Starbucks

6.     Art Vivlosi

7.     Shahram Shahruz

8.     Ruth Clifford

9.     Ted Oltman

10.  Kurosh Arianpour

Winter Emergency Shelter

11.  Daniel McMullan-Disabled People Outside Project

Art Programs

12.  Susan Wight, Director of Youth Arts Studio

Culvert at Strawberry Creek

13.  Tom and Jane Kelly

Traffic Calming Measures

14.  John Caner, Willard Neighborhood Association

Mayor Bates

15.  Barbara Gilbert

16.  John Merrett

17.  Carol Pogdoh

Construction of Molecular Foundry

18.  Janice Thomas

Senior Citizen Tax Benefits

19.  George H. Smith

Harrison Skate Park

20.  LA Wood


Adjournment