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AGENDA BERKELEY
CITY COUNCIL REGULAR MEETING TUESDAY,
APRIL 16, 2002 Preliminary
Matters Roll
Call: 7:00 p.m. 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 and/or action. 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 held over to the
next meeting unless the City Manager requests action due to priority.
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Claudia Chapline for public art consultation from May 1, 2002 to August 31, 2003, in an amount not to exceed $35,000. Contact: Weldon Rucker, Economic Development, 981-7000 c.
Contracts:
Youth Employment Program From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend contracts with the City of Alameda ($72,000), Berkeley Youth Alternatives ($18,000), and Berkeley Adult School ($8,000) by increasing the amounts as shown, to provide services for the year-round youth employment program for a total not to exceed $218,435; extending the terms to June 30, 2003; and approving a waiver of Berkeley Municipal Code Section 13.27.040, the Living Wage Ordinance, for the contract with the City of Alameda. Contact: Fred Medrano, Health and Human Services, 981-5100 Needle
Exchange Emergency Distribution 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 Minutes
for Approval From:
City Manager Recommendation: Approve the minutes for Council meetings of: a) March 12, 2002 (closed), b) March 12, 2002 (regular) and c) March 19, 2002 (regular). Contact: Sherry Kelly, City Clerk, 981-6900 Contract: 3% at Age 50 Retirement Formula for Police (first reading 03/12/02 –unanimous) From: City Manager Recommendation: Adopt the second reading of an Ordinance to amend the contract with CalPERS to provide the 3% at Age 50 Retirement Formula as set forth in California Government Code Section 21362.2 for local police employees only to be effective June 30, 2002. Contact: Ron Brown, Human Resources, 981-6800 Right
Of Entry To Inspect From: City Manager Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 1.16.010 to eliminate the requirement that inspectors must provide 24 hours’ written notice of their intention to inspect to an owner/occupant to make it consistent with current law and practice. Contact: Manuela Albuquerque, City Attorney, 981-6950 Scholtes
v. City Of Berkeley, et al. From: City Manager Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 820497-6 entitled Michael E. Scholtes v. City of Berkeley, et al. in the amount of $75,000. Contact: Manuela Albuquerque, City Attorney, 981-6950 Reimbursement
of Capital Expenditures Advanced From the Proceeds of Tax Exempt
Obligations From: City Manager Recommendation: Adopt a Resolution expressing official intent regarding certain capital expenditures to be reimbursed from proceeds of a tax-exempt obligation. Contact: Phil Kamlarz, Deputy City Manager, 981-7000 Confidentiality
of Taxpayer Information (CF
75-01) From: City Manager Recommendation: Adopt first reading of an Ordinance adding Chapter 7.26 to the Berkeley Municipal Code (BMC) to protect all confidential information provided by taxpayers to the City, and repealing Section 9.04.090. Contact: Fran David, Finance, 981-7300 Rent
and Sale Price Calculations for Affordable Housing Developments From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 60,328–N.S the Housing Trust Fund Guidelines to clarify requirements for rents and sale price calculations based on square footage thresholds in affordable housing developments, and further clarify that these requirements also apply to the Inclusionary Housing and Density Bonus Requirements. Contact: Stephen Barton, Housing, 981-5400 Establish
Records Assistant Classification From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 59,798–N.S., Classification and Salary Resolution for Local 790 Employees, to establish the classification of Records Assistant, effective April 16, 2002. Contact:
Ron Brown, Human Resources, 981-6800 Initiative
Petition Regulating Heights of Buildings From: City Manager Recommendation: Refer to the City Manager a proposed initiative regulating heights of buildings and amending existing provisions of the Title 23 of the Berkeley Municipal Code, the Zoning Ordinance, for a report as to any of the impacts specified in Election Code section 9212. Contact: Sherry M. Kelly, City Clerk, 981-6900 Grant:
Proposition 12 – Murray-Hayden Urban Youth Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application for the Murray-Hayden Urban Youth Services Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 in an amount not to exceed $3,000,000 for FY 2002 for parks and recreation improvements; authorizing the City Manager to accept the grant and to execute any resultant revenue agreements and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to the grant. Contact: Lisa Caronna, Parks and Waterfront, 981-6700 Accepting
Donation For Memorial Bench In Cesar Chavez Park From: City Manager Recommendation: Adopt a Resolution accepting a cash donation in the amount of $1,200 from Manfred and Hannah H.Schild for a memorial bench to be placed in Cesar Chavez Park at the Marina. Contact: Lisa Caronna, Parks and Waterfront, 981-6700 Contract:
Virginia-McGee Totland Phase II Renovations From: City Manager Recommendation: Adopt a Resolution approving plans and specifications for the Virginia-McGee Totland Phase II Renovations; accepting the bid of Playgrounds Unlimited; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $103,726, for the period of 180 calendar days from the notice to proceed. Contact: Lisa Caronna, Parks and Waterfront, 981-6700 Final
Map Of Tract 6790 From: City Manager Recommendation:
Adopt a Resolution approving Final Map of Tract 6790,
conversion of an existing seven-unit Tenancy-in-Common (TIC) project
at 2626 Benvenue Avenue to seven condominium units in two buildings. Contact: Carol Barrett, Planning and Development, 705-8102 Contracts:
Sewer Condition Assesments From: City Manager Recommendation: Adopt a Resolution: 1) approving specifications for closed circuit (CCTV), pipe condition assessment and other subsurface investigations for sanitary sewer and storm drain systems; and 2) authorizing the City Manager to execute separate contracts and any amendments with E2 Consulting Engineers, Inc. in the amount not to exceed $300,000 and Sanact Inc., d.b.a. Roto Rooter in the amount not to exceed $150,000 for a term through June 30, 2005. Contact: Rene Cardinaux, Public Works, 981-6300 Contract:
Sanitary Sewer Project From: City Manager Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Berryman Street, Henry Street, Oxford Street, Vine Street, Allston Way, McKinley Avenue, Roosevelt Avenue, Jefferson Avenue, Peralta Avenue, Ordway Street, Acton Street, Albina Street and Hopkins Court; 2) accepting the bid of Gold Wing Engineering; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $1,356,090, for the period of 250 calendar days from the notice to proceed. Contact: Rene Cardinaux, Public Works, 981-6300 Lease
Agreement for 1900 Addison Street
(to be delivered) From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a twenty-one month lease agreement and any necessary amendments with Sasha Shamzad for real property located at 1900 Addison Street, in an amount not to exceed $232,115 including monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to house the offices of Youth Works, Police Review Commission, and other personnel and activities as may be required; and approving two additional two-year options to extend the term of the lease. Contact: Rene Cardinaux, Public Works, 981-6300 Contract:
Traffic Signal At 7th/Grayson From: City Manager Recommendation: Adopt a Resolution approving the plans and specifications the for the Traffic Signal at 7 Street and Grayson Street; rejecting the bid of Dan Electric, and authorizing the City Manager to re-advertise the project and execute a contract with the low responsible bidder, in an amount not to exceed $170,000, for the period of April 16, 2002 to August 30, 2002 and rescinding Resolution No. 61,417-N.S. Contact: Rene Cardinaux, Public Works, 981-6300 Contract:
Traffic Signal At Oxford/Vine Streets From: City Manager Recommendation: Adopt a Resolution approving the plans and specifications for the Traffic Signal at Oxford Street and Vine Street; accepting the bid of Columbia Electric, and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $45,000, for the period of April 16, 2002 to June 30, 2002. Contact: Rene Cardinaux, Public Works, 981-6300 Contract:
Street Rehabilitation FY 2002 Phase 1 From: City Manager Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2002 Phase 1 Project, accepting the bid of Bauman Landscape, Inc. and authorizing the City Manager to execute a contract and any amendments extensions or other change orders in an amount not to exceed $2,188,800, for the period of 120 calendar days from the notice to proceed. Contact: Rene Cardinaux, Public Works, 981-6300 Grant: Berkeley TriP Project From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to file a grant application with the Alameda County Congestion Management Agency for FY03 Transportation for Clean Air (TFCA) funds for a Berkeley TriP Sales and Database Infrastructure Project. Contact: Peter Hillier, Transportation, 981-7063 Contract:
Bicycle Signs From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Zumar Industries, Inc. in an amount not to exceed $32,000 for fabricating bicycle signs for designated bicycle boulevards. Contact: Peter Hillier, Transportation, 981-7063 Grant: Ashby Avenue/Tunnel Road Safety Project From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $127,200 from the State of California Office of Traffic Safety (OTS) for a project with the goal of reducing the number of collisions along the Ashby Avenue/Tunnel Road (SR13) corridor for the period October 1, 2001 to December 31, 2002. Contact: Peter Hillier, Transportation, 981-7063 Budget
Referral: Redevelopment
Of Webster/College Street Post Office Island From: Councilmember Armstrong Recommendation: Refer to the budget process a request for $20,000 for the upgrade and redevelopment of the Webster Street post office island. Contact: Polly Armstrong, District 8, 981-7180 Fee
Waiver: Chocolate and Chalk Art Festival From: Councilmember Hawley Recommendation: Adopt a Resolution waiving all fees for the Chocolate and Chalk Arts Festival to be held on Solano Avenue Memorial Day weekend, May 25-27, 2002. Contact: Miriam Hawley, Councilmember District 5, 981-7155 Support
for SB 1509: Compensation to Local Government for Lost Property Taxes
Due to Affordable Housing Tax Exemptions From: Mayor Dean Recommendation: 1) Support SB 1509 (Dunn) that compensates cities for property tax revenues lost due to affordable housing tax exemption, effective for such properties put into service after January 1, 2003. The compensation will be realized by reducing the amount of ad valorem local property taxes redistributed from cities to counties for education purposes by means of ERAF, the Educational Revenue Augmentation Fund; 2) Request the City Clerk notify the bill sponsor and our legislative representatives and lobbyist; and 3) Request the City Clerk forward this item to the councils of neighboring communities with a request that these councils consider similar action. Contact: Shirley Dean, Mayor, 981-7100 Fee
Waiver: Prader-Willi Syndrome Walk-Along Fund Raising Event From: Councilmember Hawley Recommendation: Adopt a Resolution waiving all fees for the Prader-Willi Syndrome Walk-Along event to be held at the Berkeley Marina, April 20, 2002 from 10:00 a.m. to 1:00 p.m. Contact: Miriam Hawley, District 5, 981-7150 Charter
Amendment Changing the Effective Date of Redistricting From: Mayor Dean Recommendation: Request the City Manager develop a charter amendment which would provide for redistricting two years after the decennial Census, with elections from the new districts to be held a the next general election following this revised redistricting process. This amendment should be placed on the November 2002 ballot to be effective at the next round of redistricting. The change would not effect current redistricting. Contact: Shirley Dean, Mayor, 981-7100 Explore
City/Redevelopment Agency Acquisition of Southern Pacific Station From: Mayor Dean Recommendation: Request the City Manager explore City or Redevelopment Agency acquistion of the old Southern Pacific Station, 700 University Avenue, for conversion back to a train station which would include the operation of a restaurant within the station, and to take all actions as necessary to secure and re-direct grants and other funding sources for the purpose of establishing a train station at this location. Contact: Shirley Dean, Mayor, 981-7100 Further
Actions in American for National Parks Campaign From: Mayor Dean Recommendation: Sign on to the attached letters to Congress supporting increased funding for California’s national parks and ask the City Clerk to forward the letters as indicated. Contact: Shirley Dean, Mayor, 981-7100 Fee
Waiver: People’s Park 33rd Anniversary From: Councilmember Worthington Recommendation: Adopt a Resolution waiving all fees, including fees for event, food, sound permits, and insurance fees associated with the People’s Park 33rd Anniversary Street Fair and Concert on Sunday, April 28th and allow an exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Telegraph Avenue advertising this event. Also that Council approve the City’s provision of the following in-kind services for the People’s Park 33rd Anniversary: 4 portable toilets provided by Public Works, assistance from Public Works in hanging of banners, dumpster and Solid Waste Services, and traffic signage and traffic engineering for the closure of Haste (between Bodwitch and Dana). Contact: Kriss Worthington, District 7, 981-7170 Proclamation
Honoring Meiklejohn Civil Liberties Institute Day in Berkeley From: Councilmember Worthington Recommendation: Support proclamation honoring Meiklejohn Civil Liberties Institute Day in Berkeley. Contact: Kriss Worthington, District 7, 981-7170 Changing
24 Hour Advance Notice for Construction Tow Away Zones to 72 Hour
Notice From: Councilmember Worthington Recommendation: Refer to the City Manager and Transportation Commission changing 24-hour advance notice for construction tow away zones to a 72-hour notice. Contact: Kriss Worthington, District 7, 981-7170 BOSS’s
Urban Gardening Institute Organic Nursery, Food Gardens and Outdoor
Community Classroom From: Councilmember Worthington Recommendation: Refer to the City Manager BOSS’s Urban Gardening Institute Organic Nursery, Food Gardens and Outdoor Community Classroom. Contact: Kriss Worthington, District 7, 981-7170 Willard
Neighborhood Safe Routes to School Grant Implementation From: Councilmember Worthington Recommendation: Refer to the City Manager to establish an inclusive community process to finalize plans for the Willard Neighborhood Safe Routes to School grant implementation and the effects on the neighborhood, traffic, bike route and safety. Contact: Kriss Worthington, District 7, 981-7170 Proclamation
for Earth Day April 22, 2002 From: Mayor Dean Recommendation: Approve proclamation to be issued in honor of Earth Day, April 22, 2002. Contact: Shirley Dean, Mayor, 981-7100 Tree
Free Paper From: Councilmember Maio Recommendation: Direct the City Manager to look into the possibility of using Tree Free Paper. Contact: Linda Maio, District 1, 981-7110 Establishment
of a National Housing Trust Fund From: Councilmember Maio Recommendation: Support the establishment of a National Housing Trust fund and direct the City Manager to send letters to Congresswoman Barbara Lee, Senator Diane Feinstein, and Senator Barbara Boxer urging them to do the same. Contact: Linda Maio, District 1, 981-7110 Location
of the New Alameda County Juvenile Justice Facility and Funding for
Supportive Programs for Families and Youth From: Councilmembers Maio, Shirek, and Hawley Recommendation: Urge Alameda County to locate the new Juvenile Justice facility in northern Alameda County and to emphasize supportive programs for youth who are incarcerated and their families. Also urge the County to base the number of beds needed on sound research and the demonstrated success of supportive and diversionary programs in other counties. Contact: Linda Maio, District 1, 981-7110; Maudelle Shirek, District 3, 981-7130, Mim Hawley, District 5, 981-7150 Fee
Waiver: Tibet Heritage Day From: Councilmember Worthington Recommendation: Adopt a Resolution waiving fees for use of the auditorium and chairs in the Veterans Building for Tibet Heritage Day, on Saturday, April 20th, 6:30 to 9:30 p.m. Contact: Kriss Worthington, District 7, 981-7170 Vandalized
Berkeley Hillel and Other Incidents Aimed at the Jewish Community From: Councilmember Worthington Recommendation: Follow up on our designation of Berkeley as a hate free zone by bringing together representatives of different groups and individuals that have been the target of hate actions in Berkeley, in a city sponsored public event embracing all the affected communities. Contact: Kriss Worthington, District 7, 981-7170 Assisting
Afghan Victims of the Devastating Earthquakes From:
Councilmember Spring Recommendation: Adopt a Resolution granting $3000 to assist the Afghanistan victims of the devastating earthquakes; and request the City Manager to give City employees information on this opportunity to donate to the relief efforts. Contact: Dona Spring, District 4, 981-7140 Anti-Graffiti
Ordinance From: Councimember Hawley Recommendation: Request that the City Manager draft an ordinance that will enable the City to establish an effective graffiti abatement program for both private and public properties. Contact: Miriam Hawley, District 5, 981-7150 Prompt
Removal of Hate Graffiti From: Mayor Dean and Councilmember Olds Recommendation: Establish and enforce a policy that all hate graffiti reported to any City department by any source will be removed within 24 hours. Contact: Shirley Dean, Mayor, 981-7100, Betty Olds, District 6, 981-7160 Support
for New Auto Related Uses on University Avenue Contingent on a Public
Hearing From: Councilmember Spring Recommendation: Support allowing new auto related uses on University Avenue with the requirement that all new auto related uses are subject to a public hearing before approval or disapproval. Contact: Dona Spring, District 4, 981-7140
Policy
on Zoning Project Notices From: Councilmember Spring Recommendation: Adopt a policy that the Zoning Officer include, as a matter of course in both the notice and the summary that appear on Zoning Adjustments Board agendas: 1) the total lot-size of the project site, in square feet; 2) the number of affordable units, and the depth of their affordability, as well as a brief reference to how that number accords with the requirements of the Berkeley Municipal Code (BMC) Title 23, section 23C.12.030; 3) the total number of dwelling units in the project, or square feet of gross floor area for non-residential projects; 4) the maximum residential density for the project-site; 5) the total square footage of any commercial or other non-residential area of the project; 6) the total number of floors of the project; and 7) the average and maximum height of the project. Contact: Dona Spring, District 4, 981-7140 Endorsement
of Old-Growth Tree Preservation Initiative Statute From: Councilmember Spring Recommendation: Adopt a Resolution endorsing the recommendation and endorsement from the Peace and Justice Commission of the Old Growth Tree Preservation State Initiative and direct the City Clerk to inform Citizens Campaign for Old-Growth Preservation by fax and mail. Contact: Dona Spring, District 4, 981-7140 Endorsement
of “The Act to Leave No Child Behind” From: Commission on Early Childhood Education Recommendation: Adopt a Resolution endorsing S 940/H.R. 1990 “The Act to Leave No Child Behind” and urging Senator Dianne Feinstein and Senator Barbara Boxer to become co-sponsors. Contact: Gene Biggins, Secretary, 981-5425 a.
City Manager Recommendation: The City Manager concurs with the content and recommendation of the Commission’s Report. Contact: Stephen Barton, Housing, 981-5400 Appointments:
Mental Health Commission From: Mental Health Commission Recommendation: Adopt a Resolution appointing Katherine DeRaadt to the Mental Health Commission, General Public Interest Category, and re-appointing Susan Isles to the Mental Health Commission, Special Public Interest Category for three-year terms ending April 23, 2005. Contact: Harvey Tureck, Secretary, 981-5213 a.
City Manager Recommendation: The City Manager concurs with the content and recommendation of the Commission. Contact: Fred Medrano, Health and Human Services, 981-5100
Bay
Area Shakespeare Festival Camp From: Parks and Recreation Commission Recommendation: Adopt a Resolution waiving all fees for the use of the John Hinkel Park Amphitheatre by the Bay Area Shakespeare Camp for the following dates: June 17 through June 28, 2002; July 15 through July 26, 2002; July 29 through August 9, 2002; and August 12 through August 23, 2002 in exchange for up to three low-income scholarships for each session. Contact: Jay Kelekian, Secretary, 981-6707 a.
City Manager Recommendation: The City Manager concurs with the Commission’s recommendation. Contact: Lisa Caronna, Parks and Waterfront, 981-6700 Free
Speech And Civil Liberties
(CF# 17-02) From: Peace and Justice Commission Recommendation: Send a letter to President George W. Bush concerning infringements on the First Amendment, which have occurred since September 11, 2001; and send copies of the letter to Representative Barbara Lee, Senators Barbara Boxer and Diane Feinstein, American Civil Liberties Union and select media executives. Contact: Manuel Hector, Secretary, 981-5110 a.
City Manager Recommendation: The City Manager concurs with the content and recommendations of the Commission. Contact: Fred Medrano, Health and Human Services, 981-5100 Public
Hearings
Information
Reports
Communications Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. Page
No.
Adjournment |
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