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AGENDA
BERKELEY
CITY COUNCIL MEETING
January
27, 2004 – 7:00
p.m.
Council Chambers,
2134 Martin Luther King Jr. Way
Teleconference
Location – 1633 Sixth Street, Berkeley, CA
This meeting will be conducted in accordance with
the Brown Act, Government Code Section 54953, Teleconferencing. Any member of the public may attend this
meeting at either the Council Chambers or at the teleconference location. Questions regarding this matter may be
addressed to Sherry M. Kelly, City Clerk, 981-6900.
Roll Call
Ceremonial Matters: In addition to those items
listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: 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.
Public Comment:
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.
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.
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
2.
Berkeley Champions for Kids Volunteer Employee Release Time
Policy
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to establish the Berkeley Champion for Kids
Volunteer Employee Release Time Policy to provide up to forty hours of paid
leave to employees for the purpose of mentoring, tutoring and/or providing
support to “at risk” youth through approved City programs, in accordance with
established procedures.
Financial Implications:
Unknown.
Contact: Nicki Spillane, Human Resources, 981-6800
3.
Bus Transportation for Recreation Program
From: City Manager
Recommendation: Adopt a Resolution
authorizing expenditures up to $60,000 for bus transportation for Parks
Recreation & Waterfront Department recreation programs provided by the
Berkeley Unified School District (BUSD) for the period of July 1, 2003 through
June 30, 2004.
Financial Implications: Berkeley Day Camp, Recreation Programs and the Young
Adult Project Funds - $60,000
Contact: Marc
Seleznow, Parks, Recreation and Waterfront, 981-6700
4.
Contract: Solid Waste Management Plan
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Environmental Science Associates for consultant services to develop a Solid
Waste Management Plan, for the period of February 13, 2004 to August 30, 2005
in an amount not to exceed $100,000.
Financial Implications:
Refuse Fund –
$100,000
Contact: Rene
Cardinaux, Public Works, 981-6330
5.
Contract: Security Guard Services
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Securitas Security Services USA Inc. for security guard services at 1947 Center
Street, extending the term of the contract through June 30, 2004 and increasing
the existing contract amount by $22,000 for a new total not to exceed $71,900;
and approving options to extend the contract for four additional one-year
periods in an amount not to exceed $66,000 per year up to a maximum of four
years.
Financial Implications: 1947 Center Street Operating Expenses - $22,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
6.
Purchase Order: Elevator Maintenance
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to increase the Purchase Order with Thyssen Krupp
Elevator by $15,000 for a total not to exceed $39,900 for elevator maintenance
and repair service at 1947 Center Street.
Financial Implications: Building Purchases and Management Fund - $39,000.
Contact: Rene
Cardinaux, Public Works, 981-6300
7.
Zoning Code and University Avenue Plan (PDF,
144 KB)
From: Councilmember
Spring
Recommendation: Refer to the Planning Commission
the University Avenue Plan (UA) and: 1)
requesting with the assistance of staff, changes in the zoning ordinance be
made to put it in compliance with the UA Plan; 2) to work with the relevant
stakeholders in this endeavor; and 3) that the Planning Department not accept
any more development applications for University Avenue until the zoning
ordinance has been changed and adopted by the Council.
Contact: Dona Spring,
Councilmember District 4, 981-7140
8.
Time Limits for Spay/Neuter of Feral Cats (PDF,
283 KB)
From: Councilmembers
Hawley and Olds
Recommendation: Direct the City Attorney
to revise Berkeley Municipal Code (BMC) Section 10.04.088 by changing the term
“harboring” to “sheltering” and adding language that would: 1) require that a
person feeding or sheltering feral cats, and actively working to spay and
neuter them, complete the sterilization of 90% of the animals within three
months and 100% of the animals by five months; 2) require that Animal Services
check documentation of procedures every two weeks; and 3) after three months,
if 90% of the cats are not spayed/neutered, require that Animal Services trap
and remove the remaining un-neutered cats in accordance with the spay/neuter
ordinance.
Contact: Mim Hawley,
Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 6,
981-7160
9.
Grant: Animal Care Services
a.
From: Citizens Humane Commission (PDF,
268 KB)
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) allocate a one-time grant of $25,000 to the
nonprofit animal rescue organization, Home At Last, in addition to the yearly
$25,000 grant already allocated for expenses incurred in rescuing animals at
the Berkeley Animal Care Shelter; 2) allocate a one-time grant of $10,000 to
Fix our Ferals for expenses incurred while offering free trapping, spaying and
neutering of feral cats, as well as increasing the SNYP fund by $14,000 in
order to be able to continue the program through to the end of this fiscal
year.
Financial Implications:
Contact: Kate O’Connor, Animal Services, 981-6600
b.
From: City Manager (PDF,
54 KB)
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Jim Hynes, City
Manager, 981-7000
10.
Disaster Council Preparedness Proposals: Priorities for 2004
a.
From: Disaster Council (PDF,
142 KB)
Recommendation: That the current momentum
be allowed to continue, by retaining and supporting the work of staff in the
following program areas: 1) Soft-story Buildings; 2) Unreinforced Masonry
Buildings; 3) Sheltering; 4) CERT and the BUSD Disaster Preparedness Curriculum;
5) CERT and the Neighborhood Preparedness Program; 6) Public Warning and
Notification Systems; and 7) Small Business Preparedness.
Financial Implications: See specific recommendations.
Contact: William Greulich,
Secretary, 981-5502
b.
From: City Manager
Recommendation: Consider the Disaster
Council preparedness priorities in context of establishing citywide priorities
for the FY 2005 budget.
Contact: Reginald Garcia, Fire, 981-5500
11.
Workers' Compensation Cost Saving Measure (Held over from 1/13/04 by City Manager)
From: City Manager
Recommendation: Adopt two Resolutions
authorizing: 1) a Side Letter of Agreement with Service Employees International
Union Local 790, Service Employees International Union Local 535, Part-Time
Recreation Leaders Association/SEIU Local 535, Public Employees Union Local 1,
and the International Brotherhood of Electrical Workers Local 1245 on workers’
compensation cost savings measures; and 2) workers’ compensation cost savings
measures for non-sworn unrepresented and regular at will employees.
Financial Implications: One-Time Bonus of $535 per
Employee. FY 2006 All Funds- $668,000,
Offset by Savings.
Contact:
Nicki Spillane, Human Resources, 981-6800
12.
Quarterly Report: Employee Safety and Workers’ Compensation (Held over from 1/13/04 by
City Manager)
From: City Manager
Contact:
Nicki Spillane,
Human Resources, 981-6800
13.
Parking Mitigation Measures for Parking Enforcement
Representatives (Held over from 1/13/04
for report from Council Subcommittee)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 56,508-N.S. by creating 21 on-street, preferential
permit parking spaces for the exclusive use of Parking Enforcement
Representatives (PERs) during specific times at the following locations: 1) five
spaces on Fairview Street between Martin Luther King, Jr. Way (MLK) and Harper
Street; 2) ten spaces on the east side of Martin Luther King, Jr. Way between
Adeline Street and the BART driveway at Prince Street; and 3) six spaces on the
east side of Martin Luther King, Jr. Way between BART driveway at Prince Street
and the BART driveway to the north.
Financial Implications: Traffic
Maintenance Fund - $1,000.
Contact: Peter Hillier,
Transportation, 981-7010
14.
General Plan Implementation: Berkeley Unified School District
Land Use Decisions (Held over from 1/13/04 by Mayor Bates)
a. From:
Planning Commission (PDF, KB)
Recommendation: Implement the General Plan
Policy LU-42 concerning the Berkeley Unified School District (BUSD): “Encourage
the BUSD to adopt a Resolution to make the School District’s land use decisions
subject to the Zoning and the Landmarks Preservation Ordinances” by requesting
that the BUSD adopt procedures for public notification, information and
consideration of land use decisions similar to those required of the Zoning
Adjustment Board and the City Council under the zoning ordinance procedures.
Financial Implications: None.
Contact: Ruth Grimes,
Secretary, 981-7481
b. From:
City Manager (PDF, KB)
Recommendation: The City Manager concurs
with the content and recommendations of the report.
Contact: Dan Marks, Planning, 981-7400
15.
Restructuring CalPERS Police Safety Plan Employer Contribution
Rate
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to take actions necessary to reamortize the City’s
current unfunded actuarial liability for the California Public Employees’
Retirement System (CalPERS) Police Safety Plan employer contribution rate over
a 25-year period beginning July 1, 2005.
Financial Implications:
Contact: Nicki Spillane, Human Resources, 981-6800
16.
Labor Negotiations
From: City Manager
Recommendation: Authorize the City Manager
to enter into meet and confer sessions with the City’s labor unions and
associations to discuss impact of a one day a month closure or a 3% salary
giveback.
Financial Implications:
Contact: Phil Kamlarz, City
Manager, 981-7000
17.
Amendment to FY 2004 Annual Appropriation Ordinance
From: City Manager
Recommendation: Adopt first reading of an
Ordinance amending the FY 2004 Annual Appropriation Ordinance No. 6752-N.S. for
FY 2004 based upon recommended re-appropriation of unexpended FY 2003 funding
and other adjustments authorized since July 1, 2003, in the amount of
$22,428,670.
Fiscal Implications:
Contact: Paul Navazio, Budget,
981-7000
18.
Proposed Work Sessions
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
19.
Voluntary Freeze on Cost of Living Adjustments for
Councilmembers (PDF, 70 KB)
From: Councilmembers Hawley and Wozniak
Recommendation: Request that the City
Manager authorize an option for councilmembers to voluntarily forego this
year’s cost of living adjustment (COLA), beginning February 1, 2004. In
addition to, or instead of, giving up this year’s COLA, a council member could
agree to forego next year’s COLA that will go into effect December 1,
2004. This option would essentially
freeze salaries at the 2003 level, and would stay in effect as long as the
Council declares the budget to be in crisis.
Financial Implications: Unknown
savings.
Contact: Miriam Hawley, Councilmember District 5, 981-7150 and Gordon Wozniak,
Councimember District 8, 981-7180
20.
FY 2004-FY 2005 Budget Deficit Considerations (PDF,
93 KB)
From: Councilmember Spring
Contact: Dona Spring, Councilmember District 4, 981-7140
New
Business – Action Calendar
21.
1600 Shattuck Avenue – Approval of Use Permit for a Sprint
Wireless Communication Facility
From: City Manager
Recommendation: Adopt a Resolution approving a Use Permit to establish a Sprint Wireless
Communication Facility consisting of three antennas on the rooftop and
associated equipment in the basement at 1600 Shattuck Avenue.
Financial Implications: None.
Contact: Dan Marks, Planning, 981-7400
Time Critical Items: In the event that the City
Manager, Auditor, Mayor, or Councilmember becomes aware of an urgent issue that
cannot be held until the next scheduled Agenda Committee meeting, the Clerk is
authorized to accept an item without Agenda Committee review until Tuesday at
12:00 p.m. on the week prior to the Council meeting. These “Time Critical” items must be submitted with a cover page
that includes: 1) a detailed explanation of why the item could not have been
submitted by the normal deadline, and 2) a detailed explanation of why
the item cannot wait to follow the normal agenda process.
These items will be included in a separate section of the Council Agenda
at the end of the Action Calendar. The
Council may vote to refer it back to the Agenda Committee if they determine
that the item does not meet the criteria for a “Time Critical”
22.
Planning Commission Review of Zoning Code Provision for 3,000
Sq. Ft. Addition in Mixed Use Zones
From: City Manager
Contact: Dan Marks, Planning, 981-7400
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Agenda Item Number and Title
1.
Author
