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SUMMARYBERKELEY CITY COUNCIL REGULAR MEETINGTUESDAY, JUNE 26, 2001 Preliminary Matters Roll Call: 7:01 p.m. All present. Ceremonial Matters:
Proclamation for Community Mediation Awareness Week Action: Rescheduled to a future date by Mayor Dean. Proclamation
for June as Pride/Lesbian Gay Bisexual Transgender Mental Health Awareness
Month Action: Presented Proclamation.
Proclamation
Honoring Phil Lesh Action: Presented Proclamation. Comments from the City Manager: June 30 will be the first David Brower Day in Civic Center Park. There will be a jazz festival on Sunday, July 1, in the Berkeley Marina from 11:00 a.m. to 1:00 p.m. sponsored by the Berkeley Arts Festival and the Friends of the Library. The Annual 4th of July celebration will be held in the Berkeley Marina beginning at noon with fireworks starting at 9:00 p.m The 4th Annual Bay to Barkers event, sponsored by the Berkeley Humane Society,will take place on July 8 in the Berkeley Marina. Comments from the Public: Ten speakers. Request by speaker Ray Dobard regarding closed captioning equipment for commission meetings was referred to the City Manager. Consent Calendar Action: Moved, seconded, carried (Spring/Maio) to adopt Consent Calendar items in one motion except as indicated. 1.
Needle Exchange
Emergency Distribution
Action:
Adopted
Resolution No. 61,134-N.S. 2.
Minutes for Approval Action: Approved minutes. 3. Contract: 3% at Age 50 Retirement for Police (first reading vote
4/24 - unanimous)
From: City
Manager Recommendation: Adopt second reading of an Ordinance amending 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 Action: Adopted second reading of Ordinance No. 6633-N.S. Effective: July 26, 2001. 4.
Lease: 2055 Center Street for Central Duplicating and Mail Delivery
Facility (first reading vote 6/19 - unanimous)
From: City Manager Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to execute a one-year lease agreement with Seagate Properties in an amount not to exceed $63,000 for lease payments plus operating expenses of approximately $18,000, for a total expense not to exceed $81,000, to continue to house the Central Duplicating and Mail Services at 2055 Center Street. Contact: Fran David, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 6634-N.S.
Effective: July 26,
2001. 5.
Contract: Youth
Employment, Training and Park Maintenance Project
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Youth Alternatives (BYA) to operate a youth employment, training and park maintenance project for an amount not to exceed $85,000, for the period July 1, 2001 through June 30, 2002, with an option to extend the contract for an additional twelve months for an amount not to exceed $85,000. Contact: Lisa Caronna, Parks and Waterfront, 981-6700
Action:
Adopted Resolution No.
61,135-N.S. 6.
Contract: Aquatic
Park Site Preparation Project
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment for BRCO Constructors, Inc., increasing the total contract amount by $8,713.57, for the Aquatic Park Site Preparation Project, for a new not-to-exceed total contract amount of $207,308.57. Contact: Lisa Caronna, Parks and Waterfront, 981-6700 Action: Adopted Resolution No. 61,136-N.S. 7.
Grant: Nutrition Education in the Latino Community
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to: 1) accept a grant in the amount of $34,000 from the California Healthy Cities and Communities, Center for Civic Partnerships, for the support of nutrition promotion and education activities among Latinos, and to execute the resultant agreement and any amendments; 2) execute a contract and any amendments with the Bay Area Hispano Institute for Advancement, Inc., to provide bilingual nutrition education with social support for improved food choices and increased access to fresh fruits and vegetables through gardens and farmers' markets, in an amount not to exceed $6,500, for the period May 1, 2001 through April 30, 2002; and 3) provide the Bay Area Hispano Institute for Advancement, Inc. with a two-month advance payment. Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No.
61,137-N.S. 8.
Grants: Health Insurance Outreach
From: City Manager Recommendation: Adopt a Resolution authorizing submittal of grant applications to the Community Health Investment Fund and the State of California, Department of Health Services, for the Health Insurance Outreach Program, and authorizing execution of the resultant agreements and any amendments. Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No.
61,138-N.S. 9.
Contracts: Youth
Services
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with certain community-based agencies to provide support services to at-risk youth, in the amount of $424,006 each year, for a total not to exceed $848,012 for FY 2002 and FY 2003, with the second year contingent upon Council appropriating funds, and authorizing a two-month advance payment for each agency. Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No.
61,139-N.S. 10.
Contracts: X-Ray
and Laboratory Services
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Alta Bates Medical Center, in an amount not to exceed $40,000, for the period July 1, 2001 through June 30, 2003, and the State of California, Department of Health Services, in an amount not to exceed $209,597, for the period July 1, 2001 through June 30, 2002, to provide x-ray and laboratory services. Contact: Fred Medrano, Health and Human Services, 981-5100 Action: Adopted Resolution No. 61,140-N.S. 11.
Contracts: Health
Services
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with certain community-based organizations to provide health services in an amount not to exceed $120,000 for the period July 1, 2001 through June 30, 2002. Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No.
61,141-N.S. 12.
Deputy Director of Health and Human Services Classification
From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 59,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Deputy Director of Health and Human Services, with a salary range of $6,776 to $9,066 per month. Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No.
61,142-N.S. 13.
Contract: Downtown
Berkeley YMCA
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA, in the amount of $206,458, for fitness center memberships for City employees and Legislative Assistants, for the period July 1, 2001 through June 30, 2002. Contact: Phil Kamlarz, Deputy City Manager, 981-7006
Action:
Adopted Resolution No.
61,143-N.S. 14.
Final Map of Tract 7243
From: City
Manager Recommendation: Adopt a Resolution approving the Final Map of Tract 7243, an eight unit condominium project consisting of four live work and four commercial condominium units located at 2700 8th Street.
Contact:
Wendy Cosin, Planning and Development, 705-8102
Action:
Adopted Resolution No.
61,144-N.S. 15.
Final Map of Tract 7216
From: City
Manager Recommendation:
Adopt a Resolution
approving Final Map of Tract 7216, conversion of an existing five-unit
Tenancy-in-Common (TIC) Project at 2830, 2832, 2834, 2836 and 2838 Webster
Street to five condominium units. Contact:
Wendy Cosin, Planning and Development, 705-8102
Action:
Adopted Resolution No.
61,145-N.S. 16.
Sale of Fire Apparatus to Acquire Aerial Ladder Truck
From: City
Manager Recommendation:
Adopt a Resolution
authorizing the City Manager to approve the sale of six fire engines using
a broker, Fire Trucks Plus, Inc., and using the proceeds to acquire a
reserve aerial ladder truck. Contact:
Rene Cardinaux, Public Works, 981-6300; Reginald Garcia, Fire,
981-3473
Action:
Adopted Resolution No.
61,146-N.S. 17.
Contract: Emergency Sewer
Replacement Projects
From: City
Manager Recommendation:
Adopt a Resolution
authorizing the City Manager to amend the contract with McNamara and
Smallman Construction, Inc. for emergency sewer replacement projects by
increasing the amount by $228,000 and extending the contract by ninety
calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No.
61,147-N.S. 18. Fee Waiver: Public Hearing on AB 487 at North Berkeley Senior
Center
From: Councilmember
Maio Recommendation:
Adopt a Resolution
waiving the insurance and rental fees for the use of the North Berkeley
Senior Center for a public hearing on AB 487 hosted by Assembly Woman Dion
Aroner at the North Berkeley Senior Center.
Contact:
Linda Maio, Councilmember District 1, 981-7110
Action:
Adopted Resolution No.
61,148-N.S. 19.
YMCA Presentation
From: Councilmember
Breland Recommendation:
Permit the YMCA
organization to make a presentation to the Council on July 17, 2001
regarding their recruitment program for Head Start. Contact:
Margaret Breland, Councilmember District 2, 981-7120
Action:
Withdrawn by
Councilmember Breland. 20.
In-Lieu Park Mitigation Payments in New Developments
From: Councilmember
Spring Recommendation:
Refer to the Planning
Commission a request that they update the Berkeley Municipal Code with a
revised ordinance for making specific findings that can be made to certain
size developments to require in-lieu park mitigation payments from new
development. Contact:
Dona Spring, Councilmember District 4, 981-7140 Action:
Removed from the
Consent Calendar by Councilmember Olds and held over to July 10, 2001. 21.
Fee and Transfer Tax Waivers: Solar
Panels
From: Councilmember
Spring Recommendation:
Request the City
Manager waive all fees for permits to install solar panels and that
funding for these waivers be taken from the additional utility taxes
coming into the City, and that the City Attorney return to Council with an
ordinance to give transfer tax credit for the cost of installing solar
panels after state and federal rebates.
Contact:
Dona Spring, Councilmember District 4, 981-7140 Action:
Removed from the
Consent Calendar by Mayor Dean and held over to July 10, 2001. 22.
Fair Trade and Organic Coffee
From: Councilmember
Spring Recommendation:
Request the City
Manager add the local company, Uncommon Grounds, who has been a leader in
the Bay Area Fair Trade and Organic Coffee Campaign, to the preferred list
of coffee vendors for all City departments and uses. Contact:
Dona Spring, Councilmember District 4, 981-7140
Action:
Approved
recommendation. 23.
Landmarking of City-Owned Property
From: Councilmember
Hawley Recommendation:
Request the City
Manager provide a presentation to the Council regarding the landmarking of
city-owned properties, including 1) a list of all city-owned, landmarked
properties; 2) a brief report on the implications of landmarking the
structures and landscaping design at John Hinkle Park; and 3) a
recommendation for revisions to Berkeley's Landmark Ordinance which would
allow for staff and Council review of city financial and budgetary
implications when landmarking city property, and resolution of conflicts
with State and Federal law.
Contact:
Mim Hawley, Councilmember District 5, 981-7150
Action:
Approved
recommendation. 24.
Claremont Hotel as an Oakland Landmark
From: Councilmember
Armstrong Recommendation:
Request the City
Manager send a letter to the Oakland Landmarks Preservation Advisory Board
endorsing on behalf of the City Council the request to landmark the
Claremont Hotel as prepared by the Landmarking Committee of the
Berkeley/Oakland Neighbors of the Claremont. Contact:
Polly Armstrong, Councilmember District 8, 981-7180 Action: Approved recommendation. 25.
Fee Waiver: Woman's Will
Shakespeare Company
From: Councilmember
Armstrong Recommendation:
Adopt a Resolution
waiving the special event permit fees associated with performances by
Woman's Will Shakespeare Company in Live Oak Park on July 14 and 15. Contact:
Polly Armstrong, Councilmember District 8, 981-7180 Action: Adopted Resolution No. 61,149-N.S. 26.
Fee Waiver: Sixth
Annual Watershed Environmental Poetry
From: Councilmember
Worthington Recommendation: Adopt a Resolution 1) extending the sound permit from 11-5 p.m.; 2) waiving the fee to secure the use of the Veterans Memorial Building for bathroom access for the public, and the auditorium in the occurrence of rain for the Fifth Annual Watershed Environmental Poetry event in Martin Luther King, Jr. Civic Center Park, Saturday, September 8, 2001; 3) waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow a Watershed Environmental Poetry banner across Shattuck Avenue and a stage banner above the Peace Wall; 4) waive City permits, staff fees, and necessary equipment associated with hanging the banners; and 5) allows access to the kiosk located outside of downtown Berkeley BART station on Center Street to display a poster and any information relating to the Watershed Environmental Poetry Event. Contact: Kriss Worthington, Councilmember District 7, 981-7170 Action: Removed from the Consent Calendar by Councilmember Hawley. Moved, seconded, carried (Worthington/Spring; Absent-Breland) to adopt Resolution No. 61,150-N.S. 27.
Fee Waiver: 3rd
Annual Berkeley World Music Festival
From: Councilmember
Worthington Recommendation: Adopt a Resolution 1) waiving all fees, including fees for event, food, sound permits, insurance fees and police reserve fees associated with the Third Annual Berkeley World Music Festival on Sunday, August 26th, and allow an exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Telegraph Avenue (at Durant) advertising this event; 2) approve the City's provision of the following in-kind services for the World Music Festival: 10 portable toilets (including 3 handicap accessible toilets) provided by Public Works, assistance from Public Works in the hanging of banners, 20 trash cans with liners, dumpster and Solid Waste Services, and traffic signage and traffic engineering for the closure of Durant at Telegraph and Bowditch. Contact: Kriss Worthington, Councilmember District 7, 981-7170 Action: Removed from the Consent Calendar by Councilmember
Hawley. Moved, seconded,
carried (Worthington/Spring; Absent- Breland) to adopt Resolution No.
61,151-N.S. 28.
Telecommunications Task Force Extension
From: Telecommunications
Task Force Recommendation:
Adopt a Resolution
authorizing an extension of the time period for the Telecommunications
Task Force from June 30, 2001 to January 31, 2002.
Contact:
Roger Miller, Secretary, 981-7009
a.
City Manager Report Recommendation: Concurs with the content and recommendations of the
Commission.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7006 Action: Adopted Resolution No. 61,152-N.S. Action Calendar 29.
Scheduling Special Meeting and Amending Council Meeting Schedule
(oral report)
From: City Manager
Contact:
Manuela Albuquerque, City Attorney, 981-6960 Actions: Moved, seconded, carried (Hawley/Maio; Abstain - Armstrong) to schedule a special meeting on July 16, 2001 at 5:30 p.m. in the North Berkeley Senior Center for a continued public hearing on the Temple Beth El Project, Zoning Adjustments Board decision; and to set the date of July 16, 2001 for a public hearing on the Temple Beth El Project, Landmarks Preservation Commission decision. Moved,
seconded, carried (Hawley/Maio; (Abstain - Armstrong) to schedule a
special meeting on July 19, 2001 at 6:00 p.m., at the Council Chamber if
available and if not at North Berkeley Senior Center, for further
consideration and continued public hearings if necessary on the Temple
Beth El Project. Appeals: 30.
Zoning Appeal of Use Permit
2025 Rose Street
Contact: Sherry Kelly, City Clerk, 981-6900
b.
City Manager Report
c. Communications 1. Alice Waters, Owner, Chez Panisse Restaurant and Café 2. Letter with 147 signatures. 3. Rena Rickles, Attorney 4. Bob Richerson, Action: Moved to Consent Calendar by Councilmember Maio to schedule
a public hearing for July 24, 2001. Public Hearings 31.
Continued Public Hearing: Temple
Beth El Project, 1301 Oxford Street (public hearing opened and
continued from 6/5)
a.
City Manager Report Recommendation: Continue the public hearing to review the Zoning Adjustments Board’s certification of a Final Environmental Impact Report and approval of Use Permit 99-10000079 for Congregation Beth El to: 1) construct and operate a Religious Assembly use; 2) permit an average height up to 35 feet where a maximum average height limit of 28 feet is allowed; and 3) allow demolition of two non-residential buildings; and, after receiving a report on the mediation process and testimony on the Board’s action, continue the public hearing to June 26. Contact: Wendy Cosin, Planning and Development, 705-8102 b.
City Manager’s Reports dated April 24 and April 17 regarding
certification and hearing of Zoning Adjustments Board and Landmarks
Preservation Commission decisions c.
Information - Ratified Mission Statement for the Mediation d.
Communications: 1. Daniel P. McLoughlin 2. Carol M. Connolly 3. Kevin Powell 4. Daniel Caraco 5. Viki Tamaradze 6. Walter Epp 7. Glenn M. Clark, President of the Board of BOSS 8. Jack Adler 9. Mrs. Minnie Adler 10. Stuart Kelman, Rabbi, Congregation Netivot Shalom 11. Jacalyn Mahler 12. Marcel and Margrit Schurman 13. Raphael Shannon 14. Gerald Derblich 15. Emily Schnitzer 16. Jesslyn Frankel Jamison 17. Annie Rigney 18. Unsigned
19.
Clara Storch 21. Noah Stein 22. Elanna Mariniello 23, Danielle Thal 24. Adam Poole 25. Chloe Rose Fineman 26. Naomi Drexler 27. Tasha Kayatsky 28. Julia Kessler 29. Adrienne Rosenberg 30. Alex Mog 31. Rachel Hamburg 32. Sophia Elson 33. Amanda Reynoso-Palley 34. Aaron Wilson 35. Max Lear 36. Aliza Sinkinson 37. 288 postcards. 38. Alan Gould 39. Joanna Weinberg and David Levine 40. Judith S. Tabb 41. Kim A. Smith, Pastor, Trinity United Methodist Church 42. Huston Smith 43. Hillary and Johathan Reinis 44. Dr. Carol Mimura and Prof. Jeremy Thorner 45. Emily and Bill Marthinsen 46. Brother V. Kenneth, F.S.C., Saint Mary's College High School 47. Jeffrey Hamilton 48. Barbara and Bill Hamilton-Holway, Unitarian Universalist Church of Berkeley 49. Mary Anna C. Colwell 50. Richard and Liz Bordow 51. David Bordow 52. Deni Bluestein 53. Andrew J. Walmsley, Rector, All Souls Parish 54. Rachel Trachten, Development Director, Rebuilding Together 55. Sarah Stadler 56. Diane Sequoia 57. Sheila Andres
Public Testimony: 39 speakers. Action: Councilmember Worthington requested a report on the EIR regarding parking requirements. Mayor Dean requested a report on the impact on height requirements of the building with 3 foot underground parking and other parking concerns. The public hearing was continued to a special meeting on July 16, 2001 at 5: 30 p.m. in the North Berkeley Senior Center.
Information Reports 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 Action: Received and filed. 33.
Fiscal Year 2002 General Audit Work Plan
From: City Manager Contact: Ann-Marie Hogan, Auditor, 981-6750 Action: Received and filed. 34.
Landmarks Preservation Commission Notice of Decision:
Designating Southern Pacific Railroad Depot as a City of Berkeley
Landmark
From: City Manager Contact: Wendy Cosin, Planning and Development, 705-8102 Action: Received and filed. Communications Action: The following communications were read, noted and filed, unless
otherwise noted: 1. Letter signed by eighteen persons regarding parking. Worthington,
Spring 2.
Kathy Berger and Glenda Rubin, Southside Community Safety
Partnership, regarding Rental Housing Safety Program.
Breland, Spring 3.
Johanna Sedman, regarding temporary parking permits.
Olds, Spring 4.
Monica Lin, regarding parking ticket.
Breland, Worthington,
Spring 5.
Letter with 21 signatures, regarding fatal accident at Hearst and
Shattuck Avenues. Worthington, Spring, Dean 6.
Eva Bansner, regarding definition of creeks ordinance. Worthington,
Spring 7.
Lenora Moore, President, South Berkeley Women's Health Center,
regarding Berkeley Flea Market. Breland, Spring SUPPLEMENTAL COMMUNICATIONSAND
REPORTS Item
30 - Zoning Appeal of Use Permit 2025 Rose Street
c. Communications 5. Marcy Wong
Item 31 - Continued Public Hearing: Temple Beth El Project, 1301 Oxford
Street
d. Communications 58. James H. Samuels, Vice President, E. Paul Kelly AIA Architecture 59. Daniel P. McLoughlin 60. Jane Kelly 61. Diane Sequoia 62. Eva Alexis Bansner 63. Daniel Caraco 64. Patrick Charles 65. G. Juri Komendant, Ph.D., S.E. 66. Barbara Fletcher Barbour 67. Lisa Viani, Outreach Coordinator, Urban Creeks Council 68. Ann L. Riley, Ph.D., Executive Director, Waterways Restoration Institute 69. Kirsten Cosby 70. Juliet Lamont 71. Sharon E. Duggan, Attorney
72.
Keith Carson, Supervisor, Alameda County, 5th District
Adjournment Action: Moved, seconded, carried, (Worthington/Maio; Noes – Armstrong,\ Breland; Absent – Spring) to extend the meeting until 11: 45 p.m. to complete specific items. The meeting adjourned at 11:33 p.m. |
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