Agenda Committee Item #5
Council Draft Agenda - June 10, 2003

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Draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 10, 20037:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:

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.      Approval of Minutes

From: City Manager

Recommendation:  Approve the minutes for Council meetings of April 8, 2003, regular; May 6, 2003, special; May 12, 2003, closed; May 13, 2003 special and regular; and May 20, 2003 special and regular.

Contact: Sherry M. Kelly, City Clerk, 981-6900

2.      Needle Exchange

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from 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

3.      Exemption for Transfers Between Spouses and Domestic Partners to Create Joint Tenancies and Tenancies in Common  (First reading – Unanimous)

From: Councilmembers Maio and Worthington

Recommendation:  Adopt second reading of an Ordinance amending Section 7.52.060.F of the Berkeley Municipal Code (BMC), adding an Exemption for Transfers Between Spouses and Domestic Partners to Create Joint Tenancies and Tenancies in Common.

Contact: Linda Maio, Councilmember, District 1, 981-7110 and Kriss Worthington, Councilmember District 7, 981-7170

4.      Non-Exclusive Rubbish Collection and Transportation Franchises (First reading – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of Ordinances granting non-exclusive rubbish collection and transportation franchises to Bay View Refuse Services, Berkeley Sanitary Services, Biagini Waste Reduction Systems, Inc., U.S. Eagle, Inc. and Waste Management of Alameda County, Inc.

Contact: Rene Cardinaux, Public Works, 981-6300

5.      Settlement Agreement: Ayesha Vavrek Doordan v. City of Berkeley

From:  City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 843024-9 entitled Ayesha Vavrek Doordan v. City of Berkeley in the amount of $25,000.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

6.      Appropriations Limit for Fiscal Year 2004

From:  City Manager

Recommendation:  Adopt a Resolution providing notice that 1) Council will adopt an appropriations limit for Fiscal Year 2004 at its meeting of June 24, 2003 and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 9, 2003.

Contact:  Fran David, Finance, 981-7300

7.      Supplementary Retirement and Income Plan I and II

From: City Manager

Recommendation:  1) Adopt the first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.36 (Supplementary Retirement and Income
Plan I) to make technical changes to bring the plan into compliance with the Internal Revenue Code (IRC) and other Federal laws, rules and regulations; and repealing Ordinance No. 5864-N.S. and all amendatory ordinances; and 2) adopt first reading of an Ordinance to repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.38 (Supplementary Retirement and Income Plan II) to make technical changes to bring the plan into compliance with the IRC and other Federal laws, rules and regulations and repealing Ordinance No. 5865-N.S. and all amendatory ordinances.

Contact:  Nicki Spillane, Human Resources, 981-6800

8.      Contract: Excess Worker’s Compensation Insurance

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments and endorsements with the Continental Casualty Company for $285,345 to pay the insurance premium and brokerage commission to Willis Insurance Services of California, Inc., for excess workers’ compensation insurance for the period of May 1, 2003 through May 1, 2004.

Contact:  Nicki Spillane, Human Resources, 981-6800

9.      Contract: Third Party Administrative Services for Workers’ Compensation Program

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend a contract for third party administrative services for the workers’ compensation program through June 30, 2006 with Innovative Claims Solutions, Inc., for a total cost not to exceed $2,200,000.

Contact:  Nicki Spillane, Human Resources, 981-6800

10.  Public Safety Business 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 and salary range for Public Safety Business Manager effective June 1, 2003.

Contact:  Nicki Spillane, Human Resources, 981-6800

11.  Supplemental Military Leave Compensation Policy

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,690-N.S. to provide a supplemental military leave benefit for a period not to exceed one year in an amount equal to one-half of the employee’s regular salary to supplement an employee’s military pay and allowances for employees with less than one year in the career service who have been called up to involuntary active service in response to orders of the President of the United States to May 31, 2004.

Contact:  Nicki Spillane, Human Resources, 981-6800

12.  Contract: Codornices Park and Ohlone Park West Playground Renovations

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications and authorizing the City Manager to execute a contract with Cleary Brothers Landscape, Inc. (CBLI) for the Codornices Park and Ohlone Park West Playground renovations for the period of July 1, 2003 to July 2, 2004 in an amount not to exceed $532, 832.

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

13.  Contract: Landscape Design Services

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Dillingham & Associates Landscape Architects for landscape design services to increase the contract amount by $8,000 for a total not to exceed $55,000 and to extend the period of the contract to January 31, 2004.

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

14.  Contract:  1947 Center Street Tenant Improvements, Phase I

From:  City Manager

Recommendation:  Adopt a Resolution 1) approving the plans and specifications for the 1947 Center Street Tenant Improvements, Phase I; 2) accepting the bid of Vitton Construction Company, Inc.; 3) waiving permit fees; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $3,550,000.

Contact:  Rene Cardinaux, Public Works, 981-6300

15.  Contract: Berkeley TRiP

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Regents of the University of California in an amount not to exceed $128,550 to act as administrator for Berkeley TRiP for the Fiscal Year 2002-2003.

Contact:  Peter Hillier, Transportation, 981-7000

16.  Close Codornices Creek to Trout Fishing (PDF, 188 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution supporting the prohibition of fishing on Codornices Creek and directing the City Clerk to send a letter to the California Fish and Game Commission requesting that it change its regulations to close Codornices Creek to trout fishing.

Contact: Tom Bates, Mayor, 981-7100

17.  Alameda County Detoxification Facility (PDF, 126 KB)

From: Mayor Bates

Recommendation:  Support sending a letter to the Alameda County Board of Supervisors requesting they create a County drug and alcohol detoxification facility, and offering to work with the County to set up such a facility.

Contact: Tom Bates, Mayor, 981-7100

18.  Presentation:  Health Effects of Wireless Communication Antennas (PDF, 26 KB)

From: Councilmember Hawley

Recommendation:  Schedule time at the Council meeting of June 17, 2003, after the public hearing on 1600 Shattuck Avenue, for a presentation by our Public Health Officer, Poki Namkung, on the health effects of antennas such as those proposed for this site.

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

19.  Support SB 20 and Electronic Waste Ordinance (PDF, 481 KB)

From:  Councilmember Spring and Mayor Bates

Recommendation:  1) Send a letter to our state elected officials asking that they support SB 20 (Sher), which would ensure funding to assist in the development of programs to safely collect and recycle hazardous materials contained in electronic wastes and to promote refurbishment and reuse of electronic equipment for use by schools and nonprofits; 2) refer the e-waste “take back” draft ordinance to the City Manager for evaluation; and 3) consider passage of such a “take back” ordinance only in conjunction with passage of surrounding jurisdictions.
Contact:  Dona Spring, Councilmember District 4, 981-7140

20.  Presentation:  Neighborhood Coordinating Council Program in the City of Richmond (PDF, 407 KB)

From: Councilmember Spring

Recommendation:  Allow a 15-minute presentation on the Neighborhood Coordinating Council Program in the City of Richmond by the Richmond Community Affairs Liaison at the June 17, 2003 meeting.

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

21.  Proclamation: Charlie Betcher Appreciation Day (PDF, 234 KB)

From: Councilmember Spring

Recommendation:  Approve a proclamation declaring June 17, 2003 as Charlie Betcher Appreciation Day in the City of Berkeley.

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

22.  Proclamation: Lesbian, Gay, Bisexual, Transgender and Questioning Pride Month (PDF, 135 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring June as Lesbian, Bisexual, Transgender and Questioning Pride Month and authorizing the City Manager to fly the Rainbow Flag for the rest of June.

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

23.  Fee Waiver:  Woman’s Will Shakespeare Company (PDF, 137 KB)

From:  Councilmember Wozniak

Recommendation:  Adopt a Resolution waiving the special event permit fees associated with performances by Woman’s Will Shakespeare Company this summer.  Woman’s Will is scheduled to perform the restoration comedy The Rover, by Aphra Behn, on July 12th and 13th and July 19th and 20th at John Hinkel Park and Live Oak Park respectively.

Contact:  Gordon Wozniak, Councilmember District 8, 981-7180

24.  Annual Assessment Report for the Elmwood Theatre Business Improvement Area for Fiscal Year 2003, and Renewal of Assessments for FY 2004

a.      From: Advisory Board for the Elmwood Theatre Business Improvement Area (PDF, 758 KB)

Recommendation:  Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for the Fiscal Year 2003; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2004; and
3) setting a public hearing on the levy of assessments for July 15, 2003.

Contact: Dave Fogarty, Secretary, 981-7534

b.      From: City Manager (PDF, 53 KB)

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

Contact: Tom Myers, Economic Development, 981-7530

25.  Standards for High Speed Pursuits by Law Enforcement Officers

a.      From: Police Review Commission (PDF, 1 MB)

Recommendation:  Write letters to Governor Davis; State Assembly Member Loni Hancock; Assembly Member John Dutra, Chair of the Transportation Committee; Assembly Member Mark Leno, Chair of the Public Safety Committee; Senator Don Perata; Senator Kevin Murray, Chair of the Transportation Committee; and Senator Bruce McPherson, Chair of the Public Safety Committee; asking them to enact legislation setting a standard for high speed pursuits by law enforcement officers within the state based on the Berkeley Police Department (BPD) model; and that Council write a letter to the California Highway Patrol (CHP) asking that the CHP use extreme caution in conducting high-speed pursuits, particularly when entering residential areas and local jurisdictions, emphasizing that the serious the serious threat to public safety caused by pursuits mandates that such chases be carefully scrutinized.

Contact: Barbara Attard, Secretary, 981-4950

b.      From: City Manager

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

Contact:  Weldon Rucker, City Manager, 981-7000

 

Action Calendar – Appeals

26.  Appeal:  2323 Glen Avenue

From: City Manager

Recommendation:  Adopt a Resolution approving the use permits at 2323 Glen Avenue for an 829 square foot, two-story major residential addition to an existing 1, 006 square foot single-story residence on a culverted portion of Codornices Creek, and dismissing the appeal.

Contact:  Phil Kamlarz, Planning, 981-7400

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 - Budget

27.  FY 2004 and FY 2005 Proposed City Manager Budget

a.      From: City Manager

Information Report:  Update on City Manager’s proposed Budget and responses to Council questions on proposed budget.
Contact:  Paul Navazio, Budget, 981-7000

b.      From:  City Manager

Information Report:  Policy on Special Events and Fee Waivers.

Contact:  Weldon Rucker, City Manager, 981-7000

28.  Proposed Amendments and Budget Referrals from Mayor and Council

a.      Budget Referral: Berkeley Cougars (PDF, 104 KB)

From: Councilmember Breland

Recommendation:  Refer $15,000 to the budget process for the Berkeley Cougars.

Contact: Margaret Breland, Councilmember District 2, 981-7120

b.      Budget Referral: Jubilee Interfaith Youth Initiative (PDF, 248 KB)

From: Councilmember Breland

Recommendation:  Refer an additional $6,000 to the budget process for the Jubilee Interfaith Youth Initiative, as given to them in 2002.

Contact: Margaret Breland, Councilmember District 2, 981-7120

c.       Presentation:  United Pool Committee (PDF, 72 KB)

From: Councilmembers Maio, Worthington and Wozniak

Recommendation:  Enable the United Pools Committee to assemble their time into one 10-minute presentation, including use of electronic presentation material, as part of the June 17, 2003 public hearing on the Fiscal Year 2004 and 2005 Biennial Budget to present their proposal to raise enough revenue to keep the pools open all year, with a timeline to demonstrate success.

Contact: Linda Maio, Councilmember District 1, 981-7110, Kriss Worthington, Councilmember District 7, 981-7170, and Gordon Wozniak, Councilmember District 8, 981-7180

d.      Amendments to the FY 2004 Budget (PDF, 315 KB)

From: Councilmember Spring

Recommendation:  Consider the following amendments to the FY 2004 Budget: 1) restoring cuts to several nonprofits; 2) granting a general fund subsidy to the Housing Trust Fund; and 3) create a neighborhood ombuds person position to assist with neighborhood groups.

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

29.  Parking Citation Increases

From: City Manager

Recommendation:  Adopt a Resolution 1) increasing all parking citations except disabled and bus zones effective July 1, 2003 by 30%; 2) readopting fines for parking violations and late payment penalties; and 3) rescinding Resolution No. 61,789-N.S.

Contact:  Peter Hillier, Transportation, 981-7000

 

Action Calendar – New Business

30.  Bed & Breakfasts in Residential Areas: Amnesty, Continued Operation, Amending Regulations, and Enforcement

From: City Manager

Recommendation:  1) Refer to the Planning Commission an ordinance adding a new Chapter 23C.06 to the Berkeley Municipal Code (BMC) to allow continued operation of those Bread & Breakfast establishments (B&Bs) operating as of January 1, 2003 under the appropriate conditions, and amend Chapter 23F.04.010 regarding B&Bs operating in owner-occupied private homes; 2) direct the Planning Commission to hold a public hearing on this ordinance and make a recommendation to Council no later than 90 days; and 3) instruct B&Bs to obtain business licenses immediately, and charge transient occupancy taxes as of July 1, 2003, which are to be remitted to the City on a monthly basis thereafter.

Contact: Fran David, Finance, 981-7300

31.  Free the Cuban Five (CF 11-03)

a.      From: Peace and Justice Commission – Majority Report (PDF, 330 KB)

Recommendation:  Adopt a Resolution sending a letter to President Bush, the Bay Area Congressional Delegation, the Attorney General, the Congressional Working Group on Cuba, and the 11th Circuit Court of Appeals calling for 1) a new and fair trial in a neutral venue outside of Miami-Dade County; and 2) the same family visitation rights, humanitarian concerns, and equal treatment under the law for the Cuban Five as any other prisoner in the United States.

Contact: Manuel Hector, Secretary, 981-5110

b.      From: Peace and Justice Commission – Minority Report (PDF, 303 KB)

Recommendation:  Adopt a Resolution sending a letter to the Cuban Interest Section in Washington and to the appropriate contact people in Berkeley’s Cuban sister city expressing concerns about the Cuban government’s crackdown on human rights and urging the Cuban government to grant immediate amnesty to those individuals arrested and sentenced.

Contact: Manuel Hector, Secretary, 981-5110

c.       From: City Manager (PDF, 49 KB)

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

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

 

Action Calendar – Time Critical

 

 

Information Reports

32.  Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

33.  Investment Report: Quarter Ending March 31, 2003

From: City Manager

Contact: Fran David, Finance, 981-7300

34.  Notice: Waiver of Nuclear Free Ordinance

From: City Manager

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

35.  U.S. EPA Awards Thimmakka's Resources for Environmental Education

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

36.  Viewing Lot on Euclid Avenue (PDF, 175 KB) (CF 194-02)

From: Parks and Recreation Commission

Contact: Deborah Chernin, Secretary, 981-6715

 

Communications

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

Marijuana Law Enforcement

1.      Laura Menard

Building of Accessory Dwellings

2.      Katherine Pyle

Young Artist Workspace

3.      Rachel Baskind

4.      Liz Rico

5.      Jeannie McGreery

6.      Sabine Elsor

7.      Nanine McDonald

8.      Jonathan Payne

9.      Carol Newboy

10.  Beth Gerstein

11.  Houlin and Lorelei Sontag

12.  Christina Ecklund

Locker Storage Program for the Homeless

13.  Karl J. Reeh, LeConte Neighborhood Association

Treatment of the Homeless

14.  Adeline B. Hyro

 

Adjournment