Agenda Committee Item #5
Council Draft Agenda - January 27, 2004

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Draft AGENDA

BERKELEY CITY COUNCIL MEETING

January 27, 20047:00 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.
 

Preliminary Matters

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.

 

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.      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

 

Old Business

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

 

New Business – Budget

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

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”
 

Information Reports

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

 

Communications

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

 

Adjournment