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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 MEETI NG

 

TUESDAY, SEPTEMBER 25, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

 

Proclamations 

Proclamation Honoring Local Scouts, and Scouting For All

 

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. 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 M.Kelly, City Clerk, 981-6900
     

  2. Approval of Council Minutes
    From: City Manager
    Recommendation: 
     Approve the minutes for the meeting of July 24, 2001 (regular) as revised by Mayor Dean and Councilmember Spring.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
     

  3. Repeal of Junk Gun Ordinance (First reading - Unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.73 entitled “Saturday Night Special/ Junk Gun Sales Prohibition” due to passage of state law.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
     

  4. Organizational Ordinance Updates  (First reading – Unanimous)
    From:  City Manager
    Recommendation:  Adopt second reading of an Ordinance:  1) amending Berkeley Municipal Code (BMC) Sections 2.50.020 (Health & Human Services), 2.61.020 (Planning & Development), 2.62.020 (Housing), and repealing and reenacting Chapter 2.74 (Parks, Recreation, and Waterfront) and 2) repealing Chapters 2.41 (Capital Improvement Projects), 2.49 (Organizational Learning & Effectiveness), and 2.51 (Budget & Fiscal Management).
    Contact:  Phil Kamlarz, City Manager’s Office, 981-7006
     

  5. Taxi Scrip Riders Bill of Rights Initial Implementation Measures  (First reading – Absent –Olds)
    From:  City Manager
    Recommendation:  1) Adopt second reading of Ordinance amending Chapter 9.52 of the Berkeley Municipal Code (BMC), regulating Taxicabs and Automobiles for Hire.
    Contacts:  Fran David, Finance, 981-7300;  Stephen Barton, Housing, 981-5400;  Fred Medrano, Health & Human Services, 981-5100 
     

  6. Contract:  Berkeley Alliance
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance for $80,000 to provide the administrative support and project services for this partnership endeavor with the Berkeley Unified School District (BUSD) and the UC Berkeley (UCB) campus from July 1, 2001 to June 30, 2002.
    Contact:  Arietta Chakos, City Manager,  981-7000
     

  7. Creation of Employee Training Fund
    From:  City Manager
    Recommendation: 
    Adopt a Resolution establishing a Fund 488 as the Employee Training Fund to be used for citywide training and staff development efforts.
    Contact:  Phil Kamlarz, City Manager’s Office, 981-7006
     

  8. Agreement:  AC Transit “Eco-Pass Demonstration Program”
    From: City Manager
    Recommendation:
    Adopt a Resoluton authorizing the City Manager to execute an agreement with the Alameda-Contra Costa Transit District for an annual transit pass demonstration program for City employees in an amount not to exceed $100,000 for the period November 1, 2001 through December 31, 2002.
    Contact:  Grace Maguire, City Manager, 981-7000
     

  9. Agreement:  First Responder Advanced Life Support Units
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the County of Alameda to provide First Responder Advanced Life Support (FRALS) services from July 1, 2001 to June 30, 2004 and receive reimbursement from the County of Alameda for $30,000 annually plus five percent (5%) cost of living increases thereafter for each FRALS unit placed in service.
    Contact:  Reginald Garcia, Fire, 981-3473
     

  10. Food and Nutrition Policy (CF 19-01)
    From:  City Manager
    Recommendation:  Adopt a Resolution establishing a Food and Nutrition Policy that will help build a more complete local food system based on sustainable regional agriculture that fosters the local economy and assures that all people of Berkeley have access to healthy, affordable, and culturally appropriate food.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
     

  11. Contracts:  Youth Employment Program
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda Point Collaborative, Berkeley Youth Alternatives, and Berkeley Adult School in the amounts of $85,435, $25,000, and $10,000 respectively, for a total not to exceed $120,435, to provide services for the year-round youth employment program for the period March 1, 2001 to June 30, 2002.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
     

  12. Housing Enabled by Local Partnerships (HELP) Program
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to 1) apply for $2 million in funding  from the California Housing Finance Agency (CHFA) under the State of California Housing Enabled by Local Partnerships (HELP) program to assist nonprofit housing developers acquire property for the purpose of developing and increasing the supply of affordable housing in Berkeley; and 2) authorizing the City Manager or the Housing Director to execute all agreements, documents, and amendments as necessary to commit specific local government resources as proposed to CHFA and take all other necessary action to facilitate the proposed program.
    Contact:  Stephen Barton, Housing, 981-5400
     

  13. Application:  HUD Section 108 Loan Guarantee for the University Neighborhood Apartments – 1719-25 University Avenue
    From:  City Manager
    Recommendation:
      Adopt a Resolution approving a HUD Section 108 Loan Guarantee Program application for the University Neighborhood Apartments in the amount of $800,000 to provide a commercial loan to Affordable Housing Associates (AHA) and authorizing use of current and future Community Development Block Grant funds as the ultimate security to participate in the Section 108 Program.
    Contact:  Stephen Barton, Housing, 981-5400
     

  14. Contract:  Energy Conservative Refrigerators
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to waive the competitive bid process and amending a contract with Freidmen’s and Galvin Appliance to increase the amount by up to $28,500 for a total contract amount not to exceed $53,029 for the purchase of 96 refrigerators for low income households for the period September 26, 2001 through December 31, 2001.
    Contact:  Stephen Barton, Housing, 981-5400
     

  15. Emergency Services Manager Classification
    From:  City Manager
    Recommendation:  Adopt a Resolution amending Resolution No. 60,633-N.S. Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Emergency Services Manager with a salary range of $6,089 to $7,911 per month effective October 1, 2001.
    Contact:  Ron Brown, Human Resources, 981-6100
     

  16. Contract:  Employee Assistance Plan
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Managed Health Network to continue providing services for the Employee Assistance Plan effective July 1, 2001 through June 30, 2002 in an amount not to exceed $71,545.
    Contact:  Ron Brown, Human Resources, 981-6100
     

  17. Designation of the South Fork of the Tuolumne River
    From:  City Manager
    Recommendation:  Adopt a Resolution supporting legislation that would designate the South Fork of the Tuolumne River as a wild and scenic river and opposing any project that would result in a water storage reservoir on the South Fork of the Tuolumne River.
    Contact:  Lisa Caronna, Parks & Waterfront, 981-6700 
     

  18. Funding Traffic Signal: Seventh and Grayson Streets
    From:  City Manager
    Recommendation: 
    Adopt a Resolution accepting funds from Bayer Corporation in the amount of $145,000 for installation of a new traffic signal at 7th and Grayson Streets and authorizing $25,000 of Sales Tax Improvement Funds be used for the City’s portion of this project.
    Contact:  Rene Cardinaux, Public Works, 981-6300
     

  19. Final Map of Tract 7257
    From:  City Manager
    Recommendation:
      Adopt a Resolution approving Final Map of Tract 7257, conversion of an existing five-unit Tenancy-in-Common (TIC) project at 1622 Oxford Street to five condominium units.
    Contact:  Carol Barrett, Planning & Development, 705-8101 
     

  20. Contract:  FY 2001 Pathways Repair Project
    From: City Manager
    Recommendation:  Adopt a Resolution approving the plans and specifications for the Fiscal Year 2001 Pathways Repair Project, accepting the bid of Berkeley Cement, Inc., and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $114,535, for the period of October 1, 2001 through June 30, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6300
     

  21. Lease:  1769 Alcatraz Avenue
    From:  City Manager
    Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a two-year lease agreement with Thomas Goetzl for real property located at 1769 Alcatraz Avenue in an amount not to exceed $18,732 for the purpose of leasing additional office space for the Women, Infants, and Children Expanded Breastfeeding Program for the period November 9, 2001 through October 31, 2003.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
     

  22. New Use Permit – 1301 Oxford Street – Congregation Beth El (to be delivered)
    From:   City Manager
    Recommendation:  Adopt two Resolutions: 1) certifying the Final Environmental Impact Report and approve Use Permit 99-10000079 for Beth El’s proposed synagogue and school at 1301 Oxford Street; and 2) overturning the decision of the Landmarks Preservation Commission and approve Structural Alteration Permit 00-40000029 to alter a City landmark by construction of a building and related facilities for operation of a Religious Assembly use.
    Contact:  Carol Barrett, Planning, 705-8102
     

  23. Improving Median Strip on Warring/Piedmont/Gayley Corridor
    From:  Councilmember Armstrong
    Recommendation: 
    Ask the City Manager to report back with ideas for improving the visual appearance of this major north-south corridor.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
     

  24. Commendation for Representative Barbara Lee
    From:  Councilmembers Hawley and Shirek
    Recommendation:  Direct the City Manager to convey to Representative Barbara Lee the Council’s commendation for her wise and courageous vote in opposition to authorizing President Bush to wage war on terrorism.
    Contacts:  Miriam Hawley, Councilmember District 5, 981-7150;  Maudelle Shirek, Councilmember District 3, 981-7130
     

  25. Closure of National Tritium Labeling Facility (NTLF) at the Lawrence Berkeley National Laboratory (LBNL)
    From:  Councilmembers Worthington and Spring
    Recommendation:  Direct the City Manager to send a letter to Director Charles Shank of LBNL and Michael Marron of National Institutes of Health to 1) Thank them for the decision to close down the NTLF; 2) request that sufficient funds be allocated for the complete cleanup of the tritium contamination at the NTFL site;  3) that the decommissioning and decontamination (D&D) process for the facility be open for both public and external agency review and comment; and 4)  allow members of the Committee to Minimize Toxic Waste 10 minutes at the September 25, 2001 Council Meeting to express their appreciation to the City Council and community for their participation in the effort to close down the NTLF.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170; Dona Spring, Councilmember District 4, 981-7140
     

  26. Support for Food Carts
    From:  Councilmember Worthington
    Recommendation:  Re-establish support for maintaining the presence of food carts in the City.  Request the City Manager clarify or initiate a process and criteria for beginning or continuing an existing food cart license and site reservation.  Request the delay of decision or removal of the Veggie Heaven cart until a process is in place for determining policy for all food carts.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
     

  27. Establishment of Berkeley as Hate Free Zone
    From:  Councilmember Worthington
    Recommendation:  Support the efforts of many local organizations to eliminate racism, discrimination, and actions of hate against those of Arabic descent and Muslim faith through education and media campaigns and establish Berkeley as a Hate Free Zone.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
     

  28. Priority for Services and Resources Through the City's Energy Program
    From:  Mayor Dean
    Recommendation:  Direct the Executive Director of the Housing Authority to give priority to Housing Authority residents, Section 8 Certificate/Voucher holders, and Shelter Plus Care Certificate holders for services an resources through the City’s energy programs.
    Contact:  Shirley Dean, Mayor, 981-7100
     

  29. Funding for Hearing Impaired at Berkeley Free Folk Festival
    From:  Councilmember Spring
    Recommendation: 
    1) Adopt a Resolution granting $500 to Ashkenaz to pay for sign interpreters at this year’s Berkeley Free Folk Festival; 2) Refer to the Civic Arts Commission and the City Manager a request for an appropriate amount of funding to be allocated in next fiscal year’s budget as a pilot project for funding sign interpreters at future Berkeley arts events; and 3) Request that action on this item be referred to the Commission on Disability.
    Contact:  Dona Spring, Councilmember District 4, 644-6266
     

  30. Police Department Special Enforcement Unit Cash Fund
    From:  City Auditor
    Recommendation:
      1)  Accept the Police Department Special Enforcement Unit Cash Fund Audit Report.  2)  Accept the memorandum from the Chief of Police which states that all audit recommendations, agreed upon by the Police Department, have been implemented.
    Contact:  Ann-Marie Hogan, City Auditor, 981-6750

Public Hearings

  1. 2001 Local Law Enforcement Block Grant Program
    From:  City Manager
    Recommendation:
      Conduct a public hearing and upon conclusion adopt a Resolution: 1) authorizing the City Manager to accept $249,520 in federal funds from the 2001 Local Law Enforcement Block Grant (LLEBG) Program to be used to fund two Patrol Officer positions for a period of approximately 24 months; 2) transferring $27,724 from the Police Department general fund budget to cover the required local matching funds; and 3) authorizing the City Manager to execute resultant agreement and any amendments.
    Contact:  D.E. Butler, Police, 981-5700
     

  2. Establish New Refuse Collection Rates for Eight Weekly Pickups and a Special Collection
    From:  City Manager
    Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution amending Section 9 and Section 14 of Resolution No. 61,083-N.S. to establish two new refuse rates for eight weekly pickups and a rate for special collection; and correct three refuse rates and one omission, effective July 1, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
     

  3. Adjustment to Boundaries of Council Districts (Redistricting)
    From:  City Manager
    Recommendation: 
    1) Conduct the first of two Public Hearings to receive and consider proposals to amend council district boundaries based on the 2000 census figures; 2) As part of the public hearing process provide an opportunity for submitters of redistricting proposals to present their proposals; 3) Upon conclusion of the public hearing, hold a Council discussion and express support for a specific proposal and/or request modification of a proposal and direct staff as needed to provide additional maps and/or analysis of the preferred proposal for the second public hearing; 4) amend the Council’s timeline for completion of the redistricting process as follows: a) Special Meeting of October 2, 2001 – the second public hearing and upon conclusion Council’s approval of a redistricting plan, b) October 9, 2001 – adoption of the first reading of the Ordinance making adjustments to council districts, and c) October 16, 2001 – second reading of the Ordinance.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
     

  4. Appeal:  2507- 09 McGee Avenue

    1. Appeal filed by Rash B. Ghosh, of the Zoning Adjustments Board decision of June 14, 2001, which declared the property located at 2507-2509 McGee Avenue a public nuisance.
      Contact:  Sherry M. Kelly, City Clerk, 981-6900

    2. City Manager Report
      Recommendation:  Conduct a public hearing, and upon conclusion direct staff to prepare a Resolution declaring the property at 2507-09 a public nuisance and ordering its abatement.
      Contact:  Carol Barrett, Planning and Development, 705-8102

    3. Communications from:

      1. Miyuki Saito (includes oversized floor plan currently on file in City Clerk’s office)

    Contact:  Sherry Kelly, City Clerk, 981-6900

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ.Proc. '1094.6(b)) or approve (Gov.Code '65009(c) (5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Information Reports

  1. Ambulance Billing Statements:  CF 102-01
    From:  City Manager
    Contact:  Reginald Garcia, Fire, 981-3473 
     

  2. Investment Report:  Quarter Ending June 30, 2001
    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. Clancy Faria, Jr., President, Peace Officers Research Association of California, regarding negotiations with the Berkeley Police Association.
     

  2. Sharon Tam, regarding Santa Fe Right of Way and HIP grant allocation.
     

  3. Brenda Deen Schildgen, regarding City Planning.
     

  4. Helen Rippier Wheeler, regarding Berkeley Housing Authority.
     

  5. A. Clemens, regarding Boy Scouts.
     

  6. Keith Carson, Alameda County Supervisor, Dion S. Aroner, Assemblywoman, John Gioia, Contra Costa Supervisor, regarding free bus passes for school children.
     

  7. Ray Dobard, regarding South Berkeley Economic Development Program.
     

  8. Merrilie Mitchell, regarding Oxford site development and the new General Plan.
     

  9. Ardys Delu & Arlene Merryman, regarding Karen Craig and the Commission on Disability.
     

  10. Patrick Kennedy, regarding housing.
     

  11. Charley Paffenbarger, regarding the Santa Fe Right of Way.
     

  12. Joan V. Barnett, regarding redistricting proposals and Frederick Law Olmstead median strip
     

  13. Petition signed by 38 people regarding campaign against hatred.
     

  14. Irene Hegarty, regarding People’s Park Community Advisory Board.
     

  15. Thomas M. Blalock, BART Director, District 6, regarding Caldecott Tunnel.
     

  16. Howie Muir, regarding West Berkeley and University Avenue Strategic Plans.
     

  17. Jason Meggs, regarding police violence and Critical Mass.
     

  18. Dale Sophiea, regarding Review Language in the Zoning Ordinance and the West Berkeley Area Plan and University Avenue Area Plan Regarding Nodal Development.
     

  19. Ken Bukowski, regarding Oakland Tribune article and Bay Bridge reference.
     

  20. Steve Anderson, regarding American Soils property.
     

  21. Carmen Danielle Reed, regarding malfunctioning parking meters.
     

  22. Joan M. Torykian, M.A., regarding amendment to Berkeley Municipal Code.
     

  23. Juliet Lamont, regarding Congresswoman Barbara Lee.
     

  24. Ruth Perrine, regarding Virginia Cleaners.
     

  25. David Steichen, regarding residential permit parking program.
     

  26. Petition signed by 62 people regarding Council action against warfare.
     

  27. Regarding Guinness and Oyster Festival:

    1. Carrie Sprague

    2. Dharam Paul & Marilyn Cleveland

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.