AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, October 15, 2002

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 for National Coming Out Day

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.

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. Smokefree Doorways (CF 23-02) (PDF, 115 KB) (First Vote – 10/08/02 Unanimous)

   From:  City Manager

   Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, the Smoking Pollution Control Ordinance, of Title 12, Public Health, to add Section 12.70.030.U and to amend Sections 12.70.060A and 12.70.060D relating to a ban on smoking within 20 feet of entrances, exits, and air intake vents of buildings open to the public.

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

2. Regulating Business Licenses (PDF, 85 KB) (First Vote – 10/08/02 Unanimous)

   From: City Manager

   Recommendation:  Adopt second reading of an Ordinance amending Chapter 9.04 of the Berkeley Municipal Code (BMC), to delete references to any specific version of the Standard Industrial Classification (SIC) Manual.

   Contact: Fran David, Finance 981-7300
    

3. Adoption of the 2001 Berkeley Fire Code (to be delivered)

   a.      From: City Manager (PDF, 1.8 MB)

   Recommendation: 1) Adopt a Resolution adopting findings as to the local climatic, geological, and topographical conditions rendering local fire standards that are more stringent than those mandated by the 2001 California Fire Code, 2) Adopt first reading of an ordinance repealing Chapter 19.48 of the Berkeley Municipal Code (BMC) 1997 Uniform Fire Code, and reenacting Chapter 19.48 to adopt with amendments, the 2001 California Fire Code and Uniform Fire Code Standards.

   Contact: Reginald Garcia, Fire 981-3473
    

   b.      From: Housing Advisory Commission (PDF, 100 KB)

   Recommendation: Approve the City Manager recommendation to adopt the proposed 2001 California Fire Code as amended except for the exclusion of the language contained in Section 1006.2.9.3.1.1 which reads “Nothing in this section shall preclude a rental or lease agreement from providing that a tenant has the responsibility for repair of maintenance of smoke alarms.”

   Contact: Oscar A. Sung, Secretary, 981-5410
    

4. Contract: Storage Lockers (CF 93-02) (PDF, 554 KB)

   From: City Manager

   Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Shattuck Avenue Self Storage for the provision of storage lockers to individuals experiencing homelessness for the period October 1, 2002 through September 30, 2003 in an amount not to exceed $47,520.

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

5. Contract:  Janitorial Services (PDF, 192 KB)

   From: City Manager

   Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services for janitorial services for a period November 1, 2002 through June 30, 2003 in an amount not to exceed $35,000.

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

6. Shelter Plus Care Supportive Housing Grant Renewal Award (PDF, 237 KB)

   From:  City Manager

   Recommendation:  Adopt a Resolution: 1) accepting a grant renewal award of $1,372,000 from the Federal Department of Housing and Urban Development for tenant-based rental assistance for formerly homeless individuals and families in the City’s Shelter Plus Care Supportive Housing Program for a one-year period beginning May 24, 2002; and
   2) authorizing contracts and/or contract amendments totaling $47,998 with community based state agencies: Berkeley Food and Housing Project ($16,000); Building Opportunities for Self-Sufficiency ($16,000); Coalition for Alternatives in Mental Health ($2,975); Homeless Action Center ($10,048) and the Women’s Daytime Drop-In Center ($2,975).

   Contact:  Stephen Barton, Housing, 981-5400
    

7. Facility Payments: Community Breakfast Program  (PDF, 168 KB) (to be delivered)

   From: City Manager

   Recommendation: Adopt a Resolution approving the payment of $10,825 to Trinity United Methodist Church for facility payments relating to the operation of the Catholic Worker/Dorothy Day House community breakfast program; and authorizing monthly payments, beginning November 1, 2002, of $2,055 to Trinity United Methodist Church for facility usage pending completion and approval of a lease agreement between the City of Berkeley and Trinity United Methodist Church.

   Contact: Stephen Barton, Housing 981-5400
    

8. Proclamation Honoring Fred Leif, Retiring Member of the Disaster Council (PDF, 124 KB)

   From: Mayor Dean

   Recommendation: Approve the proclamation honoring Fred Leif, retiring member of the Disaster Council, to be presented at the October 22, 2002 Council meeting.

   Contact: Shirley Dean, Mayor 981-7100
    

9. Use of Housing Trust Fund Monies for Problem Berkeley Residential Properties Under the California Disaster Assistance Program (CALDAP) (PDF, 415 KB)

   From: Mayor Dean

   Recommendation: Refer the problem Berkeley residential properties under the California Disaster Assistance Program (CALDAP) to the City Manager for consideration of the use of Housing Trust Fund monies to resolve building problems stemming from state repair loans to residents after the 1989 Loma Prieta earthquake.

   Contact: Shirley Dean, Mayor 981-7100
    

10. Ban and Exchange of Mercury Thermometers (PDF, 83 KB)

    From: Councilmember Worthington

    Recommendation: Refer to the City Manager possible ban on the sale, import and manufacture of mercury thermometers in the City.  Research the cost of sponsoring a mercury thermometer exchange for new digital thermometers.

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

11. Support CALPIRG’s Campaign to Reduce Human Exposure to Mercury Based Products (PDF, 144 KB)

    From: Councilmember Worthington

    Recommendation: Support CALPIRG’s campaign to reduce human exposure of mercury based products, and send a letter to the Director of the California Department of Toxic Substances Control proposing: 1) to provide economic incentives to encourage manufacturers to stop the production of mercury based products and instead use safer alternatives;
    2) to create an effective enforcement plan for proper disposal of products containing mercury; 3) to allow and include new products to the list of mercury based products; and
    4) to create an effective plan to collect used mercury, “retire” and contain it out of the way of human exposure and ecological harm.

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

12. Proclamation Honoring Falun Dafa Month in California (PDF, 127 KB)

    From: Councilmember Worthington

    Recommendation: Support a proclamation honoring Falun Dafa month in California.

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

13. Opposing Patriot Act, Justice Department Directives, and Executive Orders that Prevent the Protection of Civil Rights and Liberties (PDF, 1.9 MB)

    From: Councilmember Worthington

    Recommendation: Support the Resolution opposing the Patriot Act, Justice Department directives, and executive orders that prevent the protection of Civil Rights and Liberties.

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

14. Notification of Fires and Major Crimes to Council (PDF, 66 KB)

    From: Councilmember Olds

    Recommendation: Request that the City Manager inform the Council about fires and major crime events in individual districts as soon as there is comprehensive information about the event.

    Contact: Betty Olds, Councilmember District 6, 981-7160
     

15. Presentation by Dr. John Garmon, President of Vista Community College (PDF, 41 KB)

    From: Mayor Dean

    Recommendation: Waive Council rules and approve a brief presentation by Dr. John Garmon, President of Vista Community College, at the October 15 Council meeting, immediately after the Consent Calendar has been approved.  Dr. Garmon wishes to share information about the Vista groundbreaking ceremony on October 23^rd .

    Contact: Shirley Dean, Mayor 981-7100
     

16. Response to Hate Graffiti at Pacific Center (PDF, 79 KB)

    From: Councilmember Worthington

    Recommendation: That the Council actively responds to the hate graffiti at the Pacific Center.  This response will include but not be limited to offering a reward, and inclusion of this incident in the discussion for upcoming Town Hall forum on hate/crimes to be held on October 24^th at 6:30 p.m. at the North Berkeley Senior Center.

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

17. Willard, LeConte, Bateman Traffic Management and New Traffic Signals on Telegraph Avenue Information Report (PDF, 3.52 MB) (to be delivered)

    From: City Manager

    Contact:  Peter Hillier, Transportation, 981-7000
     

18. FY 2003 First Quarter Budget Report and Recommendations (to be delivered)

    a:  From:  City Manager (PDF, 1.6 MB)

    • PowerPoint Presentation: PDF (149 KB)

    Recommendation:  1) Adopt a Resolution authorizing $170,000 in one-time FY 2002 carryover funds from FY 2003 salary savings for the following unbudgeted FY 2003 referrals:  a) Willard Swimming Pool $52,000;  b) Green Building/Green Business Coordinator $48,000;  c) Strawberry Creek Study $20,000; and  d) Fiscal Impact Study – UC Long Term Development Plan $50,000;  2) Institute a moratorium on additional new expenditures until the FY 2004 and FY 2005 Biennial Budget Cycle unless supported by corresponding revenue offsets; and  3) Direct the City Manager to develop a list of program reductions to address recurring budget shortfalls projected over the next five years to be presented as part of the special work session on the FY 2004 and FY 2005 Biennial Budget scheduled for January 28, 2003.

    Contact:  Phil Kamlarz, City Manager, 981-7000
     

    b:  From: Citizens Humane Commission (PDF, 389 KB)

    Recommendation: Direct the City Manager to assess veterinary costs at the Animal Shelter and budget an adequate amount to meet veterinary care needs this year and in future years.

    Contact: Kate O’Connor, Secretary, 981-6601
     

    c:   From:  City Manager (PDF, 389 KB)

    Recommendation:  Adopt a Resolution authorizing the use of $33,370 to cover costs of extra veterinary bills incurred at the Animal Shelter and $29,400 for recurring costs of Task Force recommended Shelter improvements from the $85,000 set aside for Humane Commission and Task Force recommendations in FY 2003 and in future years.

    Contact: Kate O’Connor, Secretary, 981-6601