Moved, seconded, carried (Olds /
Worthington) to adopt the Consent Calendar in one motion except as indicated:
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
Action: Adopted Resolution No. 61,895–N.S.
(PDF, 114 KB)
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
Action: Approved minutes as submitted.
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
Action: Adopted Resolution No. 61,896–N.S.
(PDF, 155 KB)
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
Action: Removed from the Consent Calendar by
Councilmember Spring. Moved, seconded, carried (Hawley/Maio) to adopt
Resolution No. 61,897–N.S. (PDF, 80 KB)
establishing study session schedule.
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
Action: Adopted Resolution No. 61,898–N.S.
(PDF, 187 KB)
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
Action: Adopted Resolution No. 61,899–N.S.
(PDF, 165 KB)
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
Action: Adopted Resolution No. 61,900–N.S.
(PDF, 299 KB)
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
Action: Adopted Resolution No. 61,901–N.S.
(PDF, 1.4 MB)
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
Action: Adopted Resolution No. 61,902–N.S.
(PDF, 56 KB)
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
Action: Adopted Resolution No. 61,903–N.S.
(PDF, 100 KB)
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
Action: Adopted Resolution No. 61,904–N.S.
(PDF, 204 KB)
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
Action: Adopted Resolution No. 61,905–N.S.
(PDF, 191 KB)
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
Action: Adopted Resolution No. 61,906–N.S.
(PDF, 198 KB)
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
Action: Adopted Resolution No. 61,907–N.S.
(PDF, 123 KB)
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
Action: Removed from the Consent Calendar by
Councilmember Olds. Held over to January 28, 2003.
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
Action: Adopted Resolution No. 61,908–N.S.
(PDF, 133 KB)
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
Action: Adopted first reading of Ordinance. Second
reading scheduled for January 21, 2003.
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
Action: Adopted first reading of Ordinance. Second
reading scheduled for January 21, 2003. Adopted Resolution No. 61,909–N.S.
(PDF, 456 KB)
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
Action: Adopted Resolution No. 61,910–N.S.
(PDF, 496 KB) (Noes—Worthington).
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
Action: Adopted Resolution No. 61,911–N.S.
(PDF, 96 KB) as
revised.
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
Action: Approved recommendation.
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
Action: Removed from the Consent Calendar by
Councilmember Wozniak. Held over to February 11, 2003.
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: Adopted Resolution No. 61,912–N.S.
(PDF, 4 KB)
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: Moved, seconded, carried (Maio/Breland) to
set the matter for a public hearing and to request that staff work with all
parties to see if they will agree to mediation.
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
Action: Moved to Consent Calendar by Wozniak.
Adopted Resolution No. 61,913–N.S.
(PDF, 106 KB)
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
Action: Presentation made. Councilmember Spring requested that the City Manager investigate
partnering with the City of San Jose and others to seek grant funding and to
look into the cost of obtaining brochures with the City’s name.
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: Presentation made. Moved, seconded, carried (Hawley/Olds; Abstain – Worthington,
Bates) to approve the City Manager’s recommendation.
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
Actions: Moved, seconded, carried
(Worthington/Spring) to request that LBNL : 1) extend the public comment period to February 7, 2003; 2) hold a public
meeting inviting the neighbors and the community for the purposes of making a
presentation on the project and allowing for substantial time for public comments
and questions; and 3) provide an estimated hazardous materials inventory.
Moved, seconded,
failed (Worthington/Spring; Noes –
Maio, Shirek, Hawley, Olds, Wozniak, Bates; Abstain – Worthington) to request
that LBNL prepare a full Environmental Impact Report.
Moved, seconded,
failed (Worthington/Spring; Noes –
Hawley, Olds, Wozniak, Bates; Abstain – Maio, Shirek) to approve
recommendations adopted by the Peace and Justice Commission.
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
Action: Moved, seconded, carried (Worthington,
Wozniak) to approve City Manager’s recommendation. Held over to January 21, 2003.
