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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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AGENDA 

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, APRIL 24, 2001

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 thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (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.  

1.         Contract:  901 Ashby Street Right of Way (first reading vote 4/17; No - Spring)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to enter into a contract for the acquisition of right-of-way at 901 Ashby Avenue for the purpose of widening Seventh Street and implementing related improvements in the vicinity of the Seventh Street and Ashby Avenue intersection.

Contact:  Bill Lambert, Economic Development, 705-8180 

 

2.         Term of the Waterfront Commission (first reading vote 4/17 - unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal (BMC) Section 3.36.070 extending the date of termination of the Waterfront Commission until December 31, 2006.

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

 

3.         Equal Benefits Ordinance (CR# 99-35, 20-00)
           
(first reading vote -unanimous)
            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 13 by adding Chapter 13.29 establishing a requirement that specified City contractors provide equal benefits to employees with spouses and employees with domestic partners and the spouses and domestic partners of such employees.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

 

4.         Procedural Amendment to Berkeley Municipal
            Code (BMC)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.02.040C to eliminate numerical reference to an old, rescinded resolution.
Contact:  Sherry Kelly, City Clerk, 981-6900

 

5.         Contract:  3% at Age 50 Retirement for Police

            From:  City Manager

Recommendation:  In order to take advantage of a one-time financial incentive from CalPERS Board of Administration, and if the City and the Berkeley Police Association are able to negotiate a successful labor agreement that includes 3% at Age 50 Retirement Formula contract amendment, the City Manager recommends the Council:  1) Adopt a Resolution of Intention to amend the City's contract with the California Public Employee's Retirement System (CalPERS) to provide the 3% at Age 50 Retirement Formula for local police employees only; and 2) adopt first reading of an Ordinance to amend the City's contract with CalPERS to provide the 3% at Age 50 Retirement Formula for local police employees only.
Contact:  Ron Brown, Human Resources, 981-6800

 

6.         Housing Services Manager Classification

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to establish a Housing Services Manager classification with a salary range of $6,076-7,388 per month.
Contact:  Ron Brown, Human Resources, 981-6800

 

7.         Architect and Landscape Architect Salary Ranges

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 59,883-N.S., Classification and Salary Resolution for SEIU Local 535 Employees, to approve salary increases for Architect and Landscape Architect classifications, effective April 24, 2001.
Contact:  Ron Brown, Human Resources, 981-6800

 

8.         Temporary Appointment of Parking Meter
            Maintenance Worker

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the extension of a temporary appointment of a Parking Meter Maintenance Worker in the Finance Department for the period ending June 30, 2001.
Contact:  Ron Brown, Human Resources, 981-6800

 

9.        Purchase Order:  Temporary Employment
           Agency Services

           From:  City Manager

Recommendation:  Adopt a Resolution approving a purchase order of up to $38,000 for Volt Temporary Employment Agency services for the Human Resources Department for the period July 1, 2000 to June 30, 2001.
Contact:  Ron Brown, Human Resources, 981-6800

 

10.       Contract:  Design Guidelines for San Pablo Avenue

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the existing contract with Community Design + Architecture for a streetscape improvements plan for San Pablo Avenue to add preparation of design guidelines for private properties to the scope of services, and increase the contract amount by $10,000.
Contact:  Bill Lambert, Economic Development, 705-8180

 

11.       Annual Appropriations Ordinance

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Annual Appropriations Ordinance No. 6553-N.S. for FY 2001 based upon changes in funding in the amount of $2,541,155.
Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

 

12.       Grant Applications:  Federal Emergency Management Agency (FEMA)

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to apply for and accept two grants from the Federal Emergency Management Agency (FEMA) new Assistance to Firefighters Grant Program, in the amount of $65,250, and $112,000, to fund programs to 1) train firefighters in techniques of urban search and rescue (USAR) and 2) develop residential fire safety programs targeting the student community.
Contact:  Reginald Garcia, Fire, 981-3473

 

13.       Purchase of Six Rear Loading Refuse Collection Trucks

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of six rear loading refuse collection trucks from McNeilus Truck Company in an amount not to exceed $1,104,100.
Contact:  Rene Cardinaux, Public Works, 981-6300

 

14.       Business License Tax Audit

            From:  City Auditor

Recommendation:  Request the City Manager clear the findings and implement report recommendations by December 31, 2001, and return to Council on February 26, 2002 with a report on results achieved.
Contact:  Ann-Marie Hogan, City Auditor, 981-6750

 

15.       Guidelines for Proposed Development Projects

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution adopting policy guideline for the Planning Department that development projects must contain accurate and complete descriptions and renderings of the buildings' height, mezzanines, elevators and all accessory structures before submittal for approval; and any increases in height and dimension to these approved plans must return to the final decision making board for a ruling.
Contact:  Dona Spring, Councilmember District 4, 981-7140

 

16.       Support Assembly Bill 128 (ABX1 128) "Electrical Power Generation Windfall Profits Tax" and Senate Bill 1 (SBX1 1) "Sales and Use Tax Exemption:  Electricity Generating Property"; Request Investigation of PG&E Bankruptcy; Request Take Over of Assets of PG&E by Eminent Domain

            From:  Vice Mayor Shirek and Councilmembers Worthington, Spring and Maio

            Recommendation:  Support the following:  1) Assembly Bill X1 128 (ABX1 1) "Electrical Power Generation Windfall Profits" and Senate Bill X1 1 (SBX1 1) "Sales and Use Tax Exemption:  Electricity Generating Property"; 2) request the City of San Francisco and legal representatives investigate PG&E's bankruptcy and represent the City in the court proceedings; 3) request Governor Gray Davis and legal representatives investigate PG&E's bankruptcy and represent the state in the court proceedings; and 4) request legal representatives of the City of San Francisco and State of California should actively promote the right of the City and State respectively to take over assets of PG&E by eminent domain.

            Contact:  Maudelle Shirek, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170; Dona Spring, Councilmember District 4, 981-7140;

Linda Maio, Councilmember District 1, 981-7110

 

17.       Fee Waiver:  Berkeley High School Summer 2001 Cuba Trip Fund Raiser

            From:  Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all fees for the Berkeley High School Common Ground Summer 2001 Cuba trip fund raiser  “Chili Cookoff” in Civic Center Park on May 19, 2001.

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

 

18.       Regional Appointments/Special Assignments

            From:  Mayor Dean

Recommendation:  Adopt a Resolution designating members of the Council to serve as appointees to regional bodies and/or special assignments.
Contact:  Shirley Dean, Mayor, 981-7100

 

19.       Written Comments on Berkeley's General Plan

            From:  Mayor Dean

Recommendation:  Approve a two-week extension (through May 1, 2001) of the period for written comment on the Berkeley General Plan draft.

            Contact:  Shirley Dean, Mayor, 981-7100

 

20.       Raising the Children's Memorial Flag

            From:  Mayor Dean

Recommendation:  Approve flying the Children's Memorial Flag on the City flag pole in Martin Luther King Jr. Park from April 25 through April 30 to acknowledge National Child Abuse Prevention Month.
Contact:  Shirley Dean, Mayor, 981-7100

 

21.       Fees for Public Events by Non-Profit Organizations

            From:  Mayor Dean

Recommendation:  Refer to the City Manager the establishment of a comprehensive policy to abolish the payment of City fees by all non-profit organizations when staging public events in the City.
Contact:  Shirley Dean, Mayor, 981-7100

 

22.       Berkeley Symphony Orchestra

            From:  Mayor Dean

Recommendation:  Refer to the budget process the request from the Berkeley Symphony Orchestra for one-time only emergency funding of $120,000.

Contact:  Shirley Dean, Mayor, 981-7100

 

23.       Fee Waiver:  West Berkeley Foundation's Annual Meeting

            From:  Councilmember Breland

Recommendation:  Adopt a Resolution waiving all rental fees at the West Berkeley Senior Center for the West Berkeley Foundation's annual meeting to be held on May 9, 2001.
Contact:  Margaret Breland, Councilmember District 2, 981-7120

 

Action Calendar

 

24.       1301 Oxford Street - Temple Beth El Project (held over from 4/17 – see agenda packet of 4/17/01 for report)

            From:  City Manager

Recommendation:  1) Certify the decision of the Zoning Adjustments Board pursuant to Berkeley Municipal Code Section 23B32.090 (Zoning Ordinance), appeal the decision of the Landmarks Preservation Commission pursuant to Berkeley Municipal Code Section 3.24.300A (Landmarks Preservation Ordinance), and set both matters for public hearing; and 2) waive the Council's rules and hold public hearings as needed for consideration of this project.

Contact:  Wendy Cosin, Planning and Development, 705-8102

a.  City Manager Information Report (to be delivered)

Contact:  Wendy Cosin, Planning and Development, 705-8102

 

25.      Development in the MU-LI (Mixed Use-Light Industrial) District (held over from 4/17 – see agenda packet of 4/17/01 for report)

            From:  Planning Commission

Recommendation:  1) Adopt an interim ordinance for a period of one year a prohibition on the issuance of permits for new office uses, excluding Ancillary office uses, in the MU-LI District in West Berkeley; and 2) direct the Planning Commission to determine the effects of MU-LI office development and conversion on a) light industry, b) good blue-collar jobs, c) the City's environmental economy, d) artists and artisans, e) traffic problems, f) the implementation of the West Berkeley Plan.

Contact:  Karen Haney-Owens, Secretary, 705-8137

            a.            City Manager Report

Recommendation:  1) Do not adopt a moratorium on office conversion and development in the MU/LI district at this time; 2) direct staff to track applications and permitting activity in West Berkeley and report on a regular basis to Council, Planning Commission and Zoning Adjustments Board; and 3) direct staff to explore options to promote, create and retain space for artists and artisans.

Contact:  Wendy Cosin, Planning and Development, 705-8102   

26.       Compassionate Treatment of Homeless (removed from the Consent Calendar by Councilmember Armstrong 4/17)

            From:  Councilmember Worthington

Recommendation:  1) Adopt a Resolution supporting compassionate treatment of homeless people in Berkeley (using the dictionary definition of compassion-not the President's); 2) refer to the City Manager and to the budget process funding suggestions for detox, daytime respite care, rainy day vouchers, share proposal, and storage units; and 3) declare a moratorium on enforcement of 647j, at least until the City can demonstrate that there is a shelter bed available for every request.

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

  

    Public Hearings


27.      Community Development Block Grant (CDBG) Funding for FY2002-2003

           From:  City Manager

Recommendation:  Hold a public hearing and upon conclusion adopt a Resolution:  1) approving the City Manager's final funding recommendations and budgets for the CDBG, ESB, GF/CSBG Anti-Poverty Program; and the Measure O Homeless Services Program; 2) authorizing the City Manager to execute contracts with agencies receiving funding and make two-month advance payments to those agencies; 3) authorizing two-year contracts for all community agencies receiving funding in the GF/CSBG Anti-Poverty Program, the Measure O Homeless Services Program, and the recipients of CDBG funding in the public services category with the exception of Housing Rights, Inc.'s Affordable Housing Advocacy Program, and the Ecology Center's Farmers Market Project which shall receive one-year funding; 4) allocating $117,000 in Federal HOME monies to administer the HOME Program and placing $1,053,000 into the Housing Trust Fund; 5) authorizing the City Manager to determine the Living Wage Implementation grant amount to applicable community agencies and execute resultant contracts; and 6) authorizing the City Manager to finalize and submit the 2001 Annual Action Strategy of the 5-year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, EST, and HOME Program funding, and to execute the resultant agreements.
Contact:  Stephen Barton, Housing, 981-5400

a.            From:  Housing Advisory Commission

Recommendation:  Approve the Housing Advisory Commission (HAC) funding recommendations for the FY2001-2002 CDBG and ESG Program.
Contact:  Oscar Sung, Secretary, 981-5410

b.            From:  Human Welfare and Community Action Commission

Recommendation:  Adopt two Resolutions:  1) approving the City Manager's final recommendations and budgets for the GF/CSBG Anti-Poverty Program and authorizing the City Manager to execute contracts with agencies receiving funding and make a two month advance payment to these agencies; and 2) authorizing the City Manager to add $168,253 General Fund money to the budget to fund certain community agencies to provide services to poverty level Berkeley residents for FY2002 and 2003 and execute contracts with the recommended community agencies, further stipulating that contractors may receive a two-month advance payment.
Contact:  Marianne Graham, Secretary, 981-5416

            c.            From:  Homeless Commission

Recommendation:  Approve the Homeless Commission's funding recommendations for the FY2002-2003 CDBG, ESG, GF/CSBG Anti-Poverty Program and Measure O Homeless Service Programs.
Contact:  Jane Micallef, Secretary, 981-5426

 

28.       Public Hearing Regarding Zoning Appeal of Use Permit, 2700 San Pablo Avenue (see agenda packet of March 20 for reports and communications; new materials marked with *)

a.            Appeal filed by Christopher J. Hudson, applicant, of the Zoning Adjustments Board decision of November 9, 2000, which denied: Use Permit 99-10000095 with findings, to demolish an existing building and construct a 4-story mixed use building and for a quick service food use located at 2700 San Pablo Avenue.

b.            City Manager Information Report (to be delivered)*Contact:  Wendy Cosin, Planning and Development, 705-8102

c.            Communications

1.  Fredric Fierstein*

2.  Joseph Walton*

3.  Jack W. Fox*

4.  Jason Meggs*

  

Information Reports

 

29.       March and November 2002 Election Calendars

            From:  City Manager

            Contact:  Sherry Kelly, City Clerk, 981-6900

 

30.       Public Works Department Response to Construction Contract Audit Report (CR# 129-00)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

31.       Protecting Creeks from Sewer Overflows and Sewer Program Status Report (CR# 6-01)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

32.       Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issue In the Next 30 Days

            From:  City Manager

            Contact:  Fran David, Finance, 981-7300

 

    Communications

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

 

1.         Regarding removal of trees on Shattuck Avenue

            a.  Masha Gutkin

            b.  Pete Schorer

 

2.         Imogene Scott, President, West Berkeley Senior Center Advisory Council, regarding request for NBSC open one Saturday a month.

 

3.        Regarding 1301 Oxford, Temple Beth El Project

            a.  Carol Connolly

            b.  Edith Black

            c.  Bill DeCarion

            d.  Florence Hicks

            e.  Beth Wilson

            f.   Beebo Turman, Project Director, Berkeley Community Gardening Collaborative

            g.   Jim Cassell and Valerie Bach

            h.   Scott Spear

            i.    Susan Schwartz

            j.   Karyn Hunt

            k.  Chantal Destroopor

            l.   Alan Gould

 

4.         Rachel A. Rupert, Chief Executive Officer, Berkeley Chamber of Commerce regarding Economic Development and Employment section of the General Plan.

 

5.         Roger Van Ouytsel, regarding Residential Parking Permit (RPP) Program.

 

6.         Ted Edlin, regarding street sweeping.

 

7.         The Main Street Alliance, regarding General Plan Transportation Element

8.         Deborah Badhia, Executive Director, Downtown Berkeley Association , regarding General Plan Transportation Element.

9.         Viviane Scott, Copwatch, regarding advance notice to police for large events.

10.       Rhiannon, regarding MU-LI District.

11.       Merrilie Mitchell, article regarding decreasing numbers of police.

12.       Henry L. Snyder, Moderator, First Congregational Church of Berkeley; Reverend Esther Hargis, First Baptist Church of Berkeley; Mary Ann Peyovich, General Manager, Berkeley City Club; regarding Transportation Demand Management Study.

Adjournment


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.