Rules Committee Actions Summary
Council Draft Agenda - February 18, 2003

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SUMMARY

 

RULES COMMITTEE ACTIONS

 

CITY COUNCIL DRAFT AGENDA FEBRUARY 18, 2003

 

Actions Taken By Rules Committee

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

Preliminary 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.

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 held over to the next meeting unless the City Manager requests action due to priority.

1.   Local Public Health Preparedness Trust Fund

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to establish a trust fund for the deposit of funds in the amount of $202,258 from the California Department of Health Services for a Public Health Preparedness and Bioterrorism Response Grant for the period of February 19, 2002 through August 31, 2003.

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

2.   Lease: 1950 Addison Street

From: City Manager

Recommendation:  Adopt the first reading of an Ordinance authorizing the City Manager to execute an amendment to the lease agreement with 1950 Addison Street Associates LLC for the real property located at 1950 Addison Street for an additional eighteen months beginning on February 26, 2003 and terminating on August 31, 2004 to provide office space for the Berkeley WorkSource One-Stop Career Center for a total not to exceed $123,639.

Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Held over to February 25, 2003 by the City Manager.

3.   Contract: Computer Network Upgrades

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with AMS.NET for computer network upgrades increasing the amount by $80,000, for a total not to exceed $599,000 and extending the contract period to June 30, 2004.

Contact: Chris Mead, Information Technology, 981-6500

4.   Mitigated Negative Declaration: Rail Stop and Transit Plaza Project.

From: City Manager

Recommendation:  Adopt a Resolution approving the Mitigated Negative Declaration and the preliminary plans for the Rail Stop and Transit Plaza project at 3rd Street and University Avenue in the West Berkeley Redevelopment Area.

Contact: Carol Barrett, Planning, 981-7400

5.   Contract: Parking Ticket Processing Service

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Clancy Systems to provide parking tickets processing services for the Police Department for the period July 1, 2002 through June 30, 2003 in an amount not to exceed $185,000.

Contact: Roy Meisner, Police, 981-5700

6.   Purchase Order: Police Uniforms and Equipment

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to increase two purchase orders with Bricker-Mincolla Uniforms for the purchase of police uniforms, equipment and supplies by the following amounts: $13,000 not to exceed $58,000 and $40,000 not to exceed $65,000.

Contact: Roy Meisner, Police, 981-5700

7.   Purchase Order: Timekeeping System

From: City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of a timekeeping system from Time Clock Sales and Service for use by approximately 500 staff in an amount not to exceed $40,000 for the period February 1, 2003 through December 31, 2003.

Contact: Rene Cardinaux, Public Works, 981-6300
Action:  Held over to February 25, 2002 by the City Manager.

8.   Contract: Landfill Gas Energy

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a revenue contract with Berkeley I Leasing, LLC d/b/a Berkeley Marina Radisson Hotel to cost share a feasibility study and engineering work on a landfill gas energy recovery system at the Berkeley Marina in an amount not to exceed $25,000 for the term March 1, 2003 through February 28, 2004.
Contact: Rene Cardinaux, Public Works, 981-6300

9.      National Civil Rights March on the U.S. Supreme Court (PDF, 157 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution endorsing the April 1, 2003 National Civil Rights March on the U.S. Supreme Court regarding two University of Michigan affirmative action cases, Grutter v. Bollinger and Gratz v. Bollinger.

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

Action:  Councilmember Worthington to revise to include additional background information on the event as requested by the Committee.

10.  Council Rules of Procedure and Order (PDF, 52 KB)

From: Councilmember Worthington

Recommendation:  Remove “or Contemplated” from Section 1F of Council Rules of Procedures and Order to clear up ambiguity about defining what a contemplated matter is.

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

Action:  Councilmember Worthington to revise to include text of Section IF and additional background information as requested by the Committee.

Action Calendar - Presentations

11. West Nile Virus

From: City Manager

Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Requested the City Manager include time of the presentation on the published agenda.

 

Action Calendar – Public Hearings

12. Appeals – 2508 – 2514 – 2516 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)

From:  City Manager

Recommendation:  Continue the public hearing to the meeting of March 18, 2003 without taking any public testimony at tonight’s meeting.  This continuance will allow staff more time to respond to the issues and information that the Council requested at its meeting of January 21, 2003.  Staff will mail notices regarding the March 18, 2003 public hearing.

Contact:  Carol Barrett, Planning, 981-7400

13. Residential Preferential Parking  (CF 166-02)

From: City Manager

Recommendation:  Conduct a public hearing on the proposed changes and fee increases in the Residential Preferential Parking program and upon conclusion: 1) adopt a Resolution approving fee increases and; 2) approve the policy and program recommendations and direct the City Manager to return with a revised Ordinance for the first reading reflecting the approved changes.

Contact: Peter Hillier, Assistant, 981-7000

14. Increase Cost Per Square Foot of Building Valuation for Construction Projects

From:  City Manager

Recommendation:  Conduct a public hearing, and upon conclusion adopt a Resolution: 1) establishing the cost per square foot schedule published by the International Conference of Building Officials (ICBO) as the basis for calculating building valuation and building permit fees for new construction; and 2) establishing the policy of valuing construction projects determined to be a remodel or renovation at up to seventy-five percent of the value of new construction.

Contact: Carol Barrett, Planning, 981-7400

15. Redirect COPS Grant Funding

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution authorizing the City Manager to redirect FY 2002 grant funds in the amount of $208,597, and FY 2003 grant funds in the amount of $207,768, in California Citizen’s Option for Public Safety (State COPS) grant funding to purchase high technology equipment, secure a maintenance agreement with Tiburon Incorporated and to purchase other equipment as needed.
Contact:  Roy Meisner, Police, 981-5700
Action:  Councilmember Maio asked that additional written information regarding timing of the grant and issues related to using it for youth programs versus technology be provided to the Council.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Action Calendar – New Business

16.  Opposition to Council Rules Committee (PDF, 143 KB)

a.     From: Police Review Commission

Recommendation:  The Commission is concerned about the impact of the Council Rules Committee procedures and voted to urge the Council rescind the Rules Committee portion of the procedures that were adopted.

Contact:  Barbara Attard, Secretary, 981-4950

b.     City Manager

Recommendation:  That no action be taken on the recommendation of the Police Review Commission at this time. The Council approved a revised version of its “Rules of Procedure and Order” on December 10, 2002, and indicated that it will review and evaluate the procedures in six months. Council should go forward with the planned six month trial period and consider the Commission’s recommendations at that time.
Action:  Held over by the City Manager to February 25, 2003.

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

17. “Berkeley Unplugged 2003” Residential Conservation Contest

From: City Manager
Contact: Stephen Barton, Housing, 981-5400

18.  Summary of Activities for 2002 and Work Plan for 2003 (PDF, 209 KB)

From: Fair Campaign Practices Commission

Contact: Prasanna Rasiah, Secretary, 981-6950

 

Communications

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

Neighborhood Services

1.     Janice Thomas

 

Adjournment