Rules Committee Actions Summary
Council Draft Agenda - February 11, 2003

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SUMMARY

RULES COMMITTEE ACTIONS

CITY COUNCIL DRAFT AGENDA

February 11, 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.

Proclamation recognizing February 2nd to February 8th as International Coaching Week

Action:  Mayor Bates asked that a section be added for “Berkeley Heroes”

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.      Solar Project Authorization

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manger to advance $100,000 from the FY 2004 Energy Office baseline budget and provide an internal loan from the City’s reserve fund in an amount not to exceed $70,000 for the installation of solar photovoltaic panels on the Public Safety Building and at the Corporation Yard.

Contact:  Stephen Barton, Housing, 981-5400.

Action: Withdrawn by the City Manager.

2.      Minutes for Approval
From: City Manager

Recommendation:  Approve the minutes for Council meetings of: a) January 14, 2003 (regular); b) January 21, 2002 (special); c) January 21, 2003 (regular); and d) January 28, 2002 (special).

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.      Contract: Indexed Level 1959 Survivor Benefit for Fire Employees

From:  City Manager

Recommendation:  1) Adopt a Resolution of Intention to amend the City’s contract with the California Public Employee’s Retirement System (CalPERS) to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only; and 2) adopt first reading of an Ordinance to amend the City’s contract with CalPERS to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only to be effective April 13, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

5.      Equity Salary Adjustment for Forestry Technician Classification

From: City Manager

Recommendation:  Adopt a Resolution amending the Classification/Salary Resolution No. 61,807 - N.S. to provide an equity salary adjustment of 10% for the Forestry Technician Classification in Unit D, SEIU Local 790, to be implemented over a two-year period beginning January 5, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

6.      Establish the Library Financial Manager Classification

From: City Manager

Recommendation:   Adopt a Resolution amending Resolution No. 61,812- N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Library Financial Manager in Unit Z2, Confidential Professional Classifications, and amending Resolution No. 61, 840-N.S., to abolish the classification of Departmental Administrative Officer in Unit P1, Local One, Professional Supervisory, effective June 25, 2000.

Contact: Nicki Spillane, Human Resources, 981-6800

7.      Side Letter of Agreement with SEIU Local 790

From: City Manager

Recommendation:  Adopt two Resolutions 1) authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 790 to modify section 11.1.2 (Salary Resolution) of the Memorandum Agreement; and 2) approving an amendment to Resolution No. 61,807-N.S., Classification and Salary Resolution for SEIU Local 790 Employees, to increase the salary range for the Senior Police Service Assistant (Senior PSA) classification by $100 per month effective July 7, 2002.

Contact: Nicki Spillane, Human Resources, 981-6800

8.      Establish the Housing Authority Representative Classification and Abolish the Housing Assistance Representative Classification I and II

From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61, 805-N.S., Classification and Salary Resolution for SEIU, Local 535, to establish the Housing Authority Representative classification, effective January 5, 2003, and to abolish the Housing Assistance Representative I and II classifications no later than June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

9.      Contract:  Sanitary Sewer Replacement Project

From:  City Manager

Recommendation:  Adopt a Resolution:1) approving plans and specifications for the Sanitary Sewer Project located at Hillegass Avenue, Bateman Street, Dana Street, Webster Street, Regent Street, Prince Street, Dowling Place, Durant Avenue, Channing Way, Heinz Avenue, and Mabel Street; 2) accepting the bid of McNamara and Smallman Construction, Inc.; and 3) authorize the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,132,690 for the period of 220 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Purchase Order: Containers for Solid Waste Services

From: City Manager

Recommendation:  Adopt a Resolution accepting a bid from McLaughlin Refuse Equipment, Inc for front-loading and rear-loading containers for solid waste services in an amount not to exceed $86,000 per year for fiscal year 2003 through fiscal year 2007.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  All-Way Stop at Hearst Avenue and Second Street

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of stop signs on Hearst Avenue at Second Street, in addition to the existing stop signs on Second Street at Hearst Avenue, as part of an initiative to increase pedestrian safety for the day laborer pick-up system in the neighborhood.

Contact: Peter Hillier,Transportation, 981-7000

Action: Schedule a discussion at a future Rules Committee meeting on the day laborer issue.

12.  Grant: State Office of Traffic Safety Grant for Crosswalk Safety Project

From:  City Manager

Recommendation:  Adopt a Resolution accepting from the State Office of Traffic Safety (OTS) a $68, 500 grant for a crosswalk safety project for the period December 1, 2002 to November 30, 2003.

Contact:  Peter Hillier, Transportation, 981-7000

13.  Appointment to Alameda County Mosquito Abatement District

From: City Manager

Recommendation:  Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Mosquito Abatement District for a two-year term.

Contact:  Sherry Kelly, City Clerk, 981-6900

14.  Proclamation: 75th Anniversary of the Berkeley Children’s Community Center (PDF, 99 KB)

From: Councilmember Hawley

Recommendation: Approve a proclamation: 1) honoring the 75th Anniversary of the Berkeley Children’s Community Center; 2) declaring March 1st as Children’s Community Center Day; and 3) presenting the proclamation at the February 25, 2003 meeting.
Contact:  Miriam Hawley, Councilmember District 5, 981-7150

15.  Proclamation: Media Democracy Week and Berkeley Community Media (PDF, 137 KB)

From: Councilmember Hawley

Recommendation:  Approve a proclamation declaring March 16th to 22nd as Media Democracy Week, and presenting it to representatives from the Berkeley Community Media staff and Board at the March 18, 2003 meeting.

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

16.  Raising the Tibetan Flag in Solidarity with the Tibetan People (PDF, 75 KB)

From: Councilmember Worthington

Recommendation:  Allow the Tibetan flag to be raised on the City flag pole on March 10, 2003 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

17.  Segway Human Transporter on Sidewalks and in Bike Lanes and Boulevards (PDF, 326 KB)

From: Councilmember Worthington

Recommendation:  Refer to City Manager a moratorium for Segway Human Transporter on sidewalks.  Also, refer to City Manager and Transportation Commission feasibility of Segway Human Transporter for use in approved locations in bike lanes and bicycle boulevards, as well as conditions for use by persons with disabilities.  There is a deadline of February 28, 2003 set by the state in which cities have the right to adopt ordinances with respect to time, place, and manner for Segway devices.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Councilmember Worthington to revise to include referrals to various commissions and clarification of the deadline as requested by the Committee.

18.  Freedom to Marry (PDF, 150 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution: 1) declaring February 12th as Freedom to Marry Day and 2) urging the state legislature and Governor Davis to end discrimination against lesbian, gay, bisexual, and transgendered people and their families by removing references to sex and gender as eligibility requirements for a civil marriage license and by enacting a law providing for equal access to marriage and all of its legal benefits and obligations by persons, regardless of sex, gender identity or sexual orientation.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Councilmember Worthington to revise to include additional clarifying language as requested by the Committee.

19.  Proclamation: Berkeley Cub Scout Pak 30; Support for Gay Scouts and Leaders within Scouting (PDF, 246 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring Berkeley Cub Scout Pak 30 and local church leaders’ support for gay scouts and leaders within scouting and declaring February 11th as Berkeley Cub Scout Pak 30 Day.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Councilmember Worthington to revise to include additional clarifying language as requested by the Committee.

20.  Proclamation: Medical Marijuana Awareness Week (PDF, 129 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation declaring February 15th to February 22nd as Medical Marijuana Awareness Week.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Councilmember Worthington to revise to include additional clarifying language as requested by the Committee.

21.  Fee Waiver: 2nd Annual Interfaith Pagan Pride Parade (PDF, 21 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution: 1) waiving event, sound and insurance fees associated with the parade and after event; 2) permitting the closing of Telegraph Avenue from Dwight to Bancroft allowing only cross traffic through on Channing and Durant while stopping through traffic on Haste; and 3) providing in-kind services of two portable toilets and barricades by Public Works and traffic signage and traffic engineering services.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Referred to Councilmember Worthington and the City Manager to clarify financial implications.  With the City Manager’s approval to be placed on the Consent Calendar for February 18th or to be placed on the February 25th agenda by Councilmember Worthington under “Items Not Approved by the Rules Committee”.

22.  Sites for Bus Shelter Installation (PDF, 284 KB)

From: Transportation Commission

Recommendation:  Endorse the proposed 13 shelter sites as part of Phase III of the Bus Shelter Project, which are not on the original Council approved master list from April 2000, as recommended by the Transportation Commission at their December 19, 2002 meeting.

Contact: Peter Hillier, Secretary, 981-7000

a.      From: City Manager

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

Contact:  Peter Hillier, Director, 981-7000

 

Action Calendar - Public Hearing

23.  Denial of Use Permits – 1155 Hearst Avenue (This public hearing was continued from December 17, 2002 for the limited purposes of receiving testimony only on new issues raised and to receive a report from staff on various matters raised by councilmembers. Staff is recommending that the Council not take any public comment tonight, but rather continue the hearing to the March 18, 2002 meeting.)

a.      From:  City Manager (Report of October 22, 2002)

Recommendation:  Set for public hearing the appeal of the Zoning Adjustments Board’s decision to deny Use Permit #01-10000087, to demolish 3 existing buildings containing 6 dwelling units and construct 3 buildings containing 14 dwelling units.

Contact:  Carol Barrett, Planning, 981-7400

b.      From:  City Manager (Report of December 17, 2002)

Recommendation:  Hold a public hearing and upon conclusion, adopt a Resolution denying the application for Use Permits to construction a 14-unit housing project at 1155 Hearst Avenue and dismissing the appeal.
Contact:  Carol Barrett, Planning, 981-7400

From:  City Manager  (Report of February 11, 2003)

Recommendation:  Do not take public testimony this evening, but rather continue the public hearing to March 18, 2003 in order to allow staff more time to respond to the issues and information that Council requested at the meeting of December 17, 2002.
Contact:  Carol Barrett, Planning, 981-7400

c.       Appeal–Lynda Hart

Contact:  Sherry Kelly, City Clerk 981-6900

d.      Communications ( October 22, 2002–numbering follows original sequence)

1.      Shannon Hampton

2.      Dale Anania

3.      Alma Prins and Blaze Woodlief

4.      Eric Lazar

5.      Pam Ormsby

6.      Susana Wappenstein

7.      Curt Clingman

8.      Ruth Knapp

9.      Nancy Bickel, President League of Women Voters

e.      Supplemental Communication (October 22, 2002–numbering follows original sequence)

8.      Alice Jorgensen

9.      Howie Muir

10.  Rachel Peterson

11.  Kathleen Kelly

12.  Pinchas Nagar

13.  Julian Lee

14.  Ellen and Howard Ruiz-Harrison

15.  Vernon Pruett

16.  Alice Landis

17.  Lynda Hart

18.  Stephen Wheeler

19.  Karl Reeh

20.  Rena Rickles

f.        Communications  (December 17, 2002–numbering follows original sequence)

1.      John Snavely

2.      Erika Oba

3.      Rachael Peterson-Executive Director, Urban Ecolgy

4.      Alan Wofsy, MCP

5.      Ruth Knapp

6.      Lynn Smith

7.      Lynda Winslow

g.      Supplemental Communications (December 17, 2002–numbering follows original sequence)

31.  Stuart M. Flashman

32.  Carole Schemmerling

33.  Walter Wood

34.  Richard Schwartz

35.  Neighbors of the Schoolhouse/Lincoln Creeks Watershed; Jose P. Romero & Jennifer Mary Pearson

36.  Rhoda Curtis

37.  Stephen Wheeler

38.  Alice Jorgensen

39.  Dr. Juliet Lamont & Dr. Phil Price

40.  Fannie Brown

41.  Howie Muir

42.  Carrie Dovzak

43.  Pinchas Nagar

44.  Paul Shain

45.  Letters from (12) Individuals, Submitted by Paul Shain

46.  Judith M. Shaw

47.  Karl Reeh

48.  Pam Ormsby

49.  Rhiannon

50.  Marcus B. Brown, Jr.

51.  Paul McDougall

52.  Stephen Barton

53.  Paul McDougall

54.  Exhibit List Submitted by Lynda Hart

55.  Marc Mathieu (includes photos)

56.  Hoss Azimi

57.  Project/Issues Summary Submitted by the Planning and Development Department

58.  Kimberly Kline

59.  1155 and 1157 Hearst Avenue Structure Fire Incident Reports (2)

60.  Schematic of GC 65589.5 Applicability to Project and Findings

61.  John Snavely (photo)

62.  8 16’x20’ Posters Submitted by John Snavely

h.      Communications (February 11, 2003–numbering follows original sequence)

1.   Carol Thornton

2.      Leon Theriault

 

Action Calendar – Old Business

24.  Landmark Preservation Commission - 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)

a.      City Manager Report

Recommendation:  Adopt a Resolution overturning the decision of the Landmarks Preservation Commission to designate as Structures of Merit the existing buildings at 2514 and 2516 Benvenue Avenue.

Contact:  Carol Barrett, Planning, 981-7400

25.  Establish the General Services Manager Classification (Removed from Consent Calendar by Councilmember Olds on January 14, 2003)

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, 981-6800

26.  Disability Training for Berkeley Police Department Officer (Removed from Reports for Information by Councilmember Spring on December 10, 2002)

From:  Police Review Commission

Contact:  Barbara Attard, Secretary, 981-4960

 

Action Calendar – New Business

27.  Conduct at Commission Meetings

From: City Manager

Recommendation:  Direct the City Manager to 1) draft a Resolution that establishes “standards of conduct” amending the Commissioner’s Manual for both Commissioners and the public, similar to those described in the Council Rules of Procedure and Order; and 2) implement one or more additional recommendations in Attachment 1 to improve conduct at meetings.

Contact: Arrietta Chakos, City Manager, 981-7000

Action:  Referred to the City Manager for revisions including a timeline for review and comment by commissions.

28.  Contract:  Environmental Impact Report -711 Harrison Street – BOSS Homeless Shelter

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Baseline Environmental Consulting for an Environmental Impact Report (EIR) for City property located at 711 Harrison Street (BOSS Homeless Shelter) in an amount not to exceed $70,000 for the approximate period of February 12, 2003 through December 31, 2003.

Contact: Carol Barrett, Planning, 981-7400

29.  Increasing Zoning Appeal Fees (CF 151-2002)

From: City Manager

Recommendation:  Direct staff to 1) return with a resolution adopting planning and development fees that would: a) adjust the cost of an appeal to the Council to charge the current fee to both the applicant and to the appellant (fee would be $578 to both parties); and b) establish a new fee for appellants beyond notification boundary of $1,000 and 2) direct staff to propose an amendment to the fee schedule and related Zoning Ordinance provisions to delete the requirement that applicants for Administrative Use Permits (AUPs) pay a public hearing fee of $578 when an appeal by a person other than the applicant is heard by the Zoning Adjustments Board.  The amendment should address a comparable fee schedule for both applicant and appellant.

Contact: Carol Barrett, Planning, 981-7400

Action:  Withdrawn by the City Manager to a future date to address concerns and questions raised by the Committee.

30.  Council Rules Committee Amendments (PDF, 311 KB)

From:  Mayor Bates

Recommendation:  1) Adopt a Resolution amending the Council Rules of Procedure to delete the requirement the Council pass a motion to take up a matter that was placed on the Council agenda against the recommendation of the Rules Committee; 2) create an alternate on the Rules Committee; and 3) appoint Councilmember Breland as the Alternate on the Committee.

Contact: Tom Bates, Mayor, 981-7100

Action: Withdrawn by Mayor Bates.

31.  Attorney General Opinion on Religious Institution’s Exemption from Landmarks Designation (PDF, 9 KB)

From:  Councilmember Spring

Recommendation:  Ask the City Manager to request an opinion from the State Attorney General’s office clarifying the nature of the exemption from landmark designations that religious institutions qualify for under AB 133 and for clarification regarding the applicability of the California Environmental Quality Act (CEQA) as to its purview regarding historically significant properties that are owned by religious institutions.

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

Action:  Referred to the Councilmember Spring for revisions.

32.  Time for Landmarks Preservation Commission to Address the Council

a.     From:  Councilmember Spring (PDF, 71 KB)

Recommendation:  Set aside twenty minutes at the February 25, 2003 meeting for a presentation and discussion with the Landmarks Preservation Commissioners regarding their concerns over how their decisions are being processed and the lack of notice to them regarding these actions.

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

b.      From: City Manager

Recommendation:  In order to have a productive discussion with the Commission, the City Manager asks that the Commission first prepare a written report that outlines the group’s concerns about decision and process issues.  I recommend a presentation be scheduled for a subsequent meeting after the review of the report.
Contact:  Carol Barrett, Planning, 981-7400
Action:  The City Manager agreed to delete the last sentence of his recommendation.  The Committee discussed a policy on presentations.

33.  Support Communities for A Better Environment Lawsuit (PDF, 407 KB)

a.      From: Community Environmental Advisory Commission

Recommendation:  1) Support Communities For A Better Environment.(CBE) work for Bay protection, health protection, and environmental justice; 2) contribute funds or in-kind services to support CBE’s technical and organizing work toward their case against the State Water Resources Control Board and California Regional Water Quality Control Board; and 3) file a Friend of the Court brief on behalf of CBE.

Contact: Nabil al-Hadithy, Secretary, 981-7461

b.      From: City Manager

Recommendation:  Take no action on the request from the Commission to provide $20,000 funding and for the City to file an amicus curiae brief on behalf of Communities For A Better Environment.

Contact: Carol Barrett, Planning, 981-7400

34.  Rescind the City of Berkeley Police Department’s Training and Information Bulletin #278, Related to Service Animals

a.     From: Commission on Disability (PDF, 837 KB)

Recommendation:  1) Rescind the Berkeley Police Department’s Training and Information Bulletin Number 278 (TIB #278) regarding permissible inquiries of people who use service animals; 2) direct the Berkeley Police Department to work with the Commission on Disability and staff to prepare and write all policies regarding people with disabilities; and 3) ensure that no policy or issue regarding disability concerns be implemented without first being reviewed by the Commission before referral to Council.

Contact: Paul Church, Secretary, 981-6342

b.     From: City Manager (PDF, 307 KB)

Recommendation:  Retain the Police Training and Information Bulletin #278 “Service Animals –Permissible Inquiries” as is.  With regard to the Commission on Disability recommendations numbers 2 and 3, departments should continue to consult with the Commission on Disability on programs and polices that target the disabled community, prior to implementation.

Contact: Rene Cardinaux, Public Works, 981-6300

 

Action Calendar – 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

35.  Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance in the Next 30 Days

From: City Manager

Contact: Fran David, Finance, 981-7300

36.  Status Report on the Bicycle and Pedestrian (BAPS) Task Force Report (CF-176-02)

From: City Manager

Contact: Peter Hillier, Transportation, 981-7000

 

Communications

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

Berkeley Waterfront Development, North Basin Boat Launch

1.      Vince Darwood

2.      Helen Workman

3.       Robert B. Branstrom

4.      Jude Turczynski

5.      George Clyde

Civilian Victims of US Aerial Bombing of Afghanistan

6.      Dr. Stig Froberg

US War

7.      Chiara

8.      Annalisa e Margherita Manni

9.      Silvia Castellani

10.  Paolo Littarru and Mara Toso

11.  Caterina Cirri

12.  Andrea Trentini

13.  Serena Pinzi

14.  Lucinao

15.  Giuliano Trentini

16.  Alessio Malpassi

17.  Alessendra Daly

18.  Daniela Giomarelli

19.  Gianna Maschiti

Molecular Foundry

20.  Jeff Philliber

Street Smarts! Partnership and Program

21.  Wendy Alfsen

Everybody Walks in Berkeley

22.  Wendy Alfsen

Proclamation for Coaching Week

23.  Susan Belgard

Inhumane Society

24.  Jill Posener

 

Adjournment