Rules Committee Actions Summary
Council Draft Agenda - January 14, 2003

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SUMMARY

Rules Committee actions

BERKELEY CITY COUNCIL AGENDA

TUESDAY, JANUARY 14, 2003

Actions Taken By Rules Committee

 

The Rules Committee approved the draft agenda with the exception of actions as noted.
 

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

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

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

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

From: City Manager

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

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

5.      Grant: Child Passenger Safety Seats

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

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 March 21, 2003 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.      Agreement: Low-Income Energy Revenues

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

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

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

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

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

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

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.  Modify Senior Human Resources Analyst Classification and Salary Range

From: City Manager

Recommendation:  Adopt a Resolution amending Classification/Salary Resolution No. 61,812-N.S. to modify the classification specification and provide equity salary adjustments in the amount of $13,111 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

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

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.  Modify the Landmarks Preservation Commission designation of 1326 Allston Way, the City Corporation Yard as a Landmark

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

18.  Walk to School and Work Day (PDF, 131 KB)

From: Councilmembers 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; Linda Maio, Councilmember District 1, 981-7110; Kriss Worthington, Councilmember District 7, 981-7170

19.  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 to send a letter to the Director and Environmental Planning Coordinator, Jeff Philber, of Lawrence Berkeley National Laboratory (LBNL) and ask 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 City staff submit comments on the adequacy of the environmental review.

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

Action:  Moved from Consent to Action.

20.  Council Subcommittee on the New Animal Shelter (PDF, 97 KB)

From: Councilmembers Spring and Olds

Recommendation:  Designate Councilmembers Betty Olds and Dona Spring and 3 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 City’s new animal shelter.

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

Action:  Referred back to Maker and City Manager for additional work and to be placed back on the agenda when appropriate.

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, no later than March 31, 2003, 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:  That Council 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, 157 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 to Affirm the Zoning Officer’s approval of a 693 Square-foot Major Residential Addition

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

2.      Stephen Shmanske and Marian Stevens-1543 Edith Street


Action Calendar - Old Business

25.  Proclamation:  Farm Animals as Sentient Beings (held over from 12/17/2002)

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

26.  Measurement and Verification of City Pool Boilers and Water Heaters (held over to Action Calendar from 12/17/2002)

From:  City Manager

Contact:  Stephen Barton, Housing, 981-5400/Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  This item was held over by Councilmember Hawley.  Councilmember Hawley withdrew this item from the January 14, 2003 agenda.

Presentations

27.  Presentation on “Street Smarts,” a proposed Regional Pedestrian Safety Awareness Campaign (held over from 12/17/2002)

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

28.  Additional Sports Fields (PDF, 1.9 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 and to revisit the possible use of developing East Campus/Derby Street for playing fields.

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


Action Calendar-New Business

29.  Zoning Ordinance Amendment: Summary Denial of Permits in Cases Involving Nuisance Abatement

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

30.  Adoption of Building Codes

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 (Attachment B) 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

31.  Homeless Commission Issues (PDF, 1.3 MB)

From: Homeless Commission

a.      Emergency Shelter

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

Recommendation: Encourage City 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.       Detoxification Services

Recommendation:  Recognize that there is an emergency homeless situation in Berkeley and that a high percentage of homeless people deal with drug and alcohol problems and to prioritize the establishment of a detox facility.

Contact: Jane Micallef, Secretary, 981-5426
Action:  Removed from the Agenda by the Commission

d.      From: City Manager

Recommendation:   The City Manager recommends that the issues of Emergency Shelter, Homeless Encampment and Detoxification Services be referred to the mid-year budget process.

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.

 

Information Reports

32.  Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

33.  Alerting and Warning Siren Systems in the Cities of Alameda, Oakland and San Leandro

From: City Manager

Contact: Reginald Garcia, Fire, 981-3473

Action:  Withdrawn by the City Manager.

34.  Response to Alcohol and Other Drugs in the City

From: City Manager

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

35.  Update on Day Laborers

From: City Manager

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

36.  Results of Fitness Tests of Berkeley Students (PDF, 540 KB)

From:  Councilmember Hawley

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

37.  Annual Work Plan (PDF, 129 KB)

From: Commission on Labor

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

Communications

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

 

Adjournment