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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, JANUARY 15, 2002

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

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

Rebuilding Together Expresses Its Thanks to the City

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.

 

Recess Items

  1. Confirming Actions Taken by the City Manager During Winter Recess:
     
    a.   Purchase Order:  Anti-Virus Software

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to purchase a 1,000-user license for Trend Micro software including maintenance updates in an amount  not to exceed $30,797.

    Contact:  Chris Mead, Information Systems, 981-6500

     

    b.   Contract:  Harrison Street Skate Park

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Altman General Engineering by increasing the amount $60,000 for completion of the Harrison Street Skate Park per plans and specifications, in an amount not-to-exceed $435,000.

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

     

  2. 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

     

  3. Minutes for Approval

    From:  City Manager

    Recommendation:  Approve the minutes for Council meeting of December 18, 2001 (regular).

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

  4. Cleanup Amendment to Business License Tax Administrative Appeal

    From:  City Manager

    Recommendation:   Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 9.04.270.E to clean up administrative appeal process.

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

     

  5. Purchase Order:  Electronic News Clipping Service

    From:  City Manager

    Recommendation:  Adopt a Resolution increasing the Purchase Order with ProFacto Research by $12,000 for electronic news clipping services for a total amount not to exceed $37,000.

    Contact:  Arietta Chakos, City Manager, 981-7000

     

  6. Contract:  Car Sharing Demonstration Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with City CarShare to establish and manage a car-sharing program for a minimum of five cars serving Berkeley residents and workers for an amount not to exceed $54,000 for the period February 1, 2002 to January 31, 2003.

    Contact:  Phil Kamlarz, City Manager, 981-7000
     

  7. South Berkeley Revolving Loan Fund Certification

    From:  City Manager

    Recommendation:  Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the Federal Economic Development Administration (EDA).

    Contact:  Bill Lambert, Economic Development, 705-8180

     

  8. Contract:  Loan Packaging Services for Businesses

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Oakland Business Development Corporation (OBDC) by increasing the amount to $30,000, extending the period to September 30, 2003, and amending the Scope of Services to provide certain specialized technical assistance services and/or loan packaging services to businesses.

    Contact:  Bill Lambert, Economic Development, 705-8180

     

  9. Contract:  Facade Grant Program and Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with KwanLam Wong for architectural services, by increasing the amount by $8,000 for a total amount not to exceed $32,500, and extending the period to June 30, 2003 for the Façade Grant Program.

    Contact:  Bill Lambert, Economic Development, 705-8180

     

  10. Joint Powers Agreement:  Bay Area Regional Immunization Registry

    From:  City Manager

    Recommendation:  Adopt a Resolution approving a Joint Powers Agreement with eight health jurisdictions to jointly create and operate a regional immunization information system called the Bay Area Regional Registry for the period January 14, 2002 through January 13, 2007.

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

     

  11. Purchase Order: Furniture and Computers for Mental Health Administrative Offices

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to purchase furniture, computers, and telephone systems for Mental Health administrative office space at 2809 Telegraph Avenue in an amount not to exceed $165,001.

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

  12. Temporary Employment Agency Services (TAC Staffing)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures in an amount not to exceed $50,000 for TAC Staffing Services to provide temporary employment services to the Department of Health and Human Services for the period July 1, 2001 to June 30, 2002.

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

     

  13. Contract:  Civic Center Park Repair and Rehabilitiation

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Donaldson Associates by increasing the amount $8,800, to assist with certification of the Focused Environmental Impact Report for the repair and rehabilitation of Martin Luther King, Jr. Civic Park for a total amount not to exceed $56,955 for the term ending June 30, 2002.

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

     

  14. Contract:  Shorebird Environmental Learning Center – Straw Bale Building

    From:  City Manager

    Recommendation:  Adopt a Resolution approving plans and specifications for the Shorebird Environmental Learning Center – Straw Bale Building; accepting the negotiated proposal of Gilbert-Morad; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $396,000.

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

     

  15. Bus Transportation for Recreation Programs

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures of up to $50,000 for bus transportation provided by the Berkeley Unified School District (BUSD) for Parks Recreation & Waterfront Department Recreation Programs for the period July 1, 2001 to June 30, 2002.

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

     

  16. Marina Ordinance Amendment

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance adding Section 6.20.170-C to the Berkeley Municipal Code (BMC) to correct an administrative error.

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

  17. Increasing the Number of Houseboat Berths at the Marina

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to request approval from the Bay Conservation and Development Commission (BCDC) to increase the number of approved houseboats at the Marina from twelve to thirteen and adopting a policy that no more than thirteen houseboat berths shall be permitted at the Berkeley Marina.

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

     

  18. Carry-out and Quick Service Restaurants on San Pablo Avenue (CF-222-00)

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 23E.64.040.E and adding Section 23E.64.090H to prohibit food service drive-throughs on San Pablo Avenue and requiring additional findings for any Administrative Use Permit or Use Permit for Carry-Out Food Store or Quick Service Restaurant use on San Pablo Avenue.

    Contact:  Carol Barrett, Planning and Development, 705-8102  

     

  19. Zoning Ordinance Correction

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Sections 23C.04.060.A.3 and 23C.12.040.E.1 to correct typographical errors.

    Contact:  Carol Barrett, Planning and Development, 705-8102  

     

  20. Contract:  Traffic Signal at 7th & Grayson Project

    From:  City Manager

    Recommendation:  Adopt a Resolution approving plans and specifications for the 7th Street and Grayson Street Traffic Signal Project; accepting the bid of Dan Electric, and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $138,960 for the period January 15, 2002 to June 30, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  21. Contract:  Study for Old City Hall Master Plan

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ELS Architects to provide a study for a seismic retrofit and a master plan for Old City Hall, in an amount not to exceed $100,000 for all services and reimbursable expenses for the period January 17, 2002 through December 31, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300
     

  22. Contract:  Marina Restroom Architectural and Engineering Services Replacement

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Burks Toma Architects, to provide architectural and engineering services for the Marina Restroom Replacement Project, in an amount not to exceed $55,000 for all services and reimbursable expenses for the period February 1, 2002 through February 2, 2004.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  23. Contract:  Safe Route to School Project

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the plans and specifications for the Safe Route to Schools Project; rejecting all bids; and authorizing the City Manager to re-advertise the project and execute a contract and any amendments with the lowest responsible bidder in an amount not to exceed $500,000, for the period February 1, 2002 to December 30, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  24. Grant:  I-80 Bicycle/Pedestrian Overcrossing

    From:  City Manager

    Recommendation:  Adopt a Resolution accepting Alameda County Congestion Management Agency (CMA) funding of $200,000 for the Berkeley I-80 Bicycle/Pedestrian Overcrossing and authorizing the City Manager to execute a grant agreement and any amendments with the Congestion Management Agency.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  25. Waiving Fees for Woman’s Will Shakespeare Company

    From:  Councilmember Armstrong

    Recommendation:  Adopt a Resolution waiving special event permit fees in the amount of $424, associated with performances by Woman’s Will Shakespeare Company this summer on July 13, 2002 and July 14, 2002 at John Hinkel Park and July 20, 2002 and July 21, 2002 at Live Oak Park.

    Contact:  Polly Armstrong, Councilmember District 8, 981-7180

     

  26. Weekly Crime Reports to Council

    From:  Councilmember Olds

    Recommendation:  Request the City Manager send reports of crime activity in each district to every Council representative and that a report of crime in the entire City be sent to the Mayor on a weekly basis.

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

  27. Exceptions for Disabled Vehicles

    From:  Councilmember Olds

    Recommendation:  Request the City Manager evaluate the possibility of exempting vehicles with disabled permits parked in specially designated blue zones in residential areas from street sweeping citations.

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

     

  28. Reappoint Pinkie Payne and Helen Wheeler to Berkeley Housing Authority

    From:  Mayor Dean

    Recommendation:  Adopt a Resolution reappointing Pinkie Payne and Helen Wheeler to the Berkeley Housing Authority (BHA) as representatives of the Public Housing Program/Section 8 Program constituencies.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  29. City Loan to Berkeley Youth Alternatives (BYA)

    From Mayor Dean

    Recommendation:  Extend repayment of the $100,000 loan agreement with Berkeley Youth Alternatives (BYA) due December 31, 2001, for a period of up to one year, if necessary, and refer to the City Manager the request from BYA for forgiveness of the loan, with a report back to the Council from the City Manager as to his recommendation regarding this matter.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  30. Agenda Listings Regarding Environmental Illnesses

    From:  Councilmember Spring

    Recommendation:  Support the City Manager’s recommendation on the proposed language simplification for the agenda listings on all public meeting notices to accommodate people with environmental illnesses and to be in compliance with the American Disabilities Act.

    Contact:  Councilmember Spring, 981-7140

     

  31. Reallocating Funds for North Shattuck Beautification

    From:  Councilmember Spring

    Recommendation:  Adopt a Resolution reallocating $25,000 once intended for a mural art project in North Shattuck, to landscaping permanent barriers in North Shattuck area on Cedar Street at Milvia and Grant Streets.

    Contact:  Councilmember Spring, 981-7140

     

  32. Slide Presentation on Public Safety Antenna

    From:  Councilmember Spring

    Recommendation:  Allow approximately a seven minute slide presentation of the visual impacts of the public safety building antennae at the beginning of the subject public hearing on January 22, 2002.

    Contact:  Councilmember Spring, 981-7140

     

  33. Reject Inclusion of Anonymous Letters in Council Packet

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  Adopt a policy that anonymous letters sent to the Council on any subject will not be included in the Council packet when it is published and distributed.

    Contact:  Shirley Dean, Mayor, 981-7100; Betty Olds, Councilmember District 6, 981-7160

     

  34. Gun Legislation

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager to: a) determine how best to inform residents of a new State law requiring purchasers and transferees of handguns to obtain a “basic firearms safety certification”, and the creation of a database which will assist local law enforcement in determining individuals who are prohibited from possessing a firearm of any kind; and b) send letters of appreciation to Governor Davis and authors and co-authors working to enact this gun regulation legislation.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  35. Meeting Notice Language Regarding Scented Products  (withdrawn by the City Manager at the December 18 meeting)

    From:  Commission on Disability

    Recommendation:  Change the City’s language, appearing on City meeting notices, regarding scented products to say the following:  “Please refrain from wearing scented products (perfume, cologne, after-shave, etc.) to these meetings, as there may be people in attendance who are allergic and can be seriously harmed by exposure to these products.”

    From:  Rene Cardinaux, Acting Secretary, 981-6342
    a.   City Manager Report

    Recommendation:  Change the language appearing on City meeting notices to say the following:  “Smoking is not allowed, and the City Council requests that people refrain from wearing scented products to the meeting.”

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  36. Residential Energy Conservation Contest

    From:  Energy Commission

    Recommendation:  Adopt a Resolution creating a city-wide contest to recognize and highlight recent achievements by Berkeley residents to conserve electricity at home and to inspire others to try such conservation themselves.

    Contact:  Neal De Snoo, Secretary, 981-5434

    a.   City Manager Report

    Recommendation:  The City Manager concurs with the content and recommendations of the Commission.

    Contact:  Stephen Barton, Housing, 981-5400

     

  37. Repealing Sales Tax for Meals Served at Municipal Camps

    From:  Parks and Recreation Commission

    Recommendation:  Direct the City Manager to request that the City’s legislative advocate contact our State Representatives and impacted municipalities and urge them to work to repeal the sales tax on meals served at municipal camps.

    Contact:  Jay Kelekian, Secretary, 981-6707

    a.   City Manager Report

    Recommendation:  The City Manager concurs with the content and recommendations of the Commission.

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

     

  38. San Francisco Airport Expansion

    From:  Waterfront Commission

    Recommendation:  Oppose any expansion of SFO Airport that involves placing fill in the Bay.

    Contact:  Cliff Marchetti, Secretary, 644-6376 x224

    a.   City Manager Report

    Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

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

Public Hearings

Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included.  However, new material has been noted with an *.

  1. City Abatement of 1222 Russell Street

    a.   Communication from property owner, Joel Baker, Ph.D., requesting hearing

    contesting costs.

    Contact:  Sherry Kelly, City Clerk, 981-6900

    b.   City Manager Report

    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution rejecting the property owner’s objection to the cost of the abatement at 1222 Russell Street and allowing the property lien to be recorded as written and approved by the Director of Environmental Health, Director of Health and Human Services, and City Manager.

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

     

  2. Public Nuisance Declared at 3039 Shattuck Avenue – Brothers’ Liquors

    a.   Appeal filed by Thomas Swihart on behalf of Abdo Aldafari from decision by the Zoning Adjustments Board declaring 3039 Shattuck Avenue, dba: Brothers’ Liquors to be a public nuisance and imposing operating conditions on the use as a remedy.

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

    b.   City Manager Report

    Recommendation:  Conduct a public hearing as required by Section 23B.64.060 of the Berkeley Municipal Code (BMC), and upon conclusion adopt a Resolution upholding the decision of the Zoning Adjustments Board (ZAB) declaring 3039 Shattuck Avenue a public nuisance and directing staff in the preparation of a resolution to either impose operating conditions or order the business closed in its entirety to abate said nuisance.

    Contact:  Carol Barrett, Planning and Development, 705-8102 

    c.   Communications:

    1. Byron Onisko

    2. Jennifer Elrod

    3. Mikel Clifford

    4. Victoria Ortiz

    5. Douglas James

    6. Janice Greenberg

    7. Deborah Barer

    8. Dr. Layan Dawud Said

    9. Ava M. Jourdain

    10. Andrea McCants

    11. Annie Tyson

    12. Margaret & Julie Bruckman

    13. Janet Roberts

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

Information Reports

  1. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Frances David, Finance, 981-7300

     

  2. Update on 1610 AM System (CF 14-01)

    From:  City Manager

    Contact:  Reginald Garcia, Fire, 981-5500

     

  3. Update on Bus Shelters (CF 215-00)

    From:  City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8101

     

  4. Elimination of Auto-Related Uses on University Avenue (CF 44-00)

    From:  City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8101

     

  5. Class on Energy at Berkeley Adult School

    From:  Energy Commission

    Contact:  Neal De Snoo, Secretary, 981-5434

     

  6. Living Wage Ordinance, Berkeley Marina

    From:  Waterfront Commission

    Contact:  Cliff Marchetti, Secretary, 644-6376 x224

    a.   City Manager Report

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

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.

  1. Regarding the Conscientious Objector resolution:

    1. Laszlo D. Lombardo

    2. Michael Turok (LCDR U.S. Navy - Retired)

    3. Brian Mayo

       

  2. Regarding the Santa Fe right-of-way:

    1. Charley Paffenbarger

    2. Wendy Weikel

    3. Single communication from the following:

      Ted Gartner, Berkeley Partners for Parks

      Beebo Turman, Berkeley Community Gardening Collaborative

      Richard Register, EcoCity Builders

      Jacque Ensign, Berkeley Path Wanderers Association

      Janet Byron, Friends of Strawberry Creek

      John Steere, California Urban Creeks Council

      Anne Eastland, Hooper Commons Association

      Daniel Miller, BOSS Urban Gardening Institute

      Karl Linn, Berkeley EcoHouse

      Dave Cohen, Bay Area Sustainable Transportation Education Project

      Jack Appleyard, Ohlone Greenway Project

     

  3. Ray Dobard, regarding one hour parking signs.

     

  4. Regarding the Afghanistan resolution:

    1. Andrew Bishop

    2. Corey W. Anderson

    3. Ronald Geilow

    4. Steve Scholze  

    5. Barbara Wilkie

     

  5. Regarding the banning of flags on Berkeley fire trucks:

    1. Gabriella

     

  6. Petition, signed by 15 people, regarding the planned residential expansion at 2323 Glen Avenue.

     

  7. Therese F. Alvillar, regarding Jason Meggs history of criticizing police officers.

     

  8. Regarding bicycle confiscated by UCPD:

    1. Jason Meggs

    2. Alan Wachtel

     

  9. Anonymous, regarding Jupiter Restaurant.

     

  10. Regarding Ed Roberts campus:

    1. Patricia Bland Becker, Ph.D.

    2. Ralf Hotchkiss

    3. Sid Wolinsky

    4. Guy W. Thomas

    5. Susan Henderson

     

  11. Regarding the General Plan:

    1. Deborah Gomez

    2. Aliza Shapiro

    3. Karen Gottdenker

    4. Terry Cochrell

    5. Lenora Moore

    6. Trena Cleland

    7. Susan Moon

    8. Jason Meggs (3 letters)

    9. Steve Anderson

    10. Mary Archer

    11. Daniel Duart

     

  12. Ray Dobard, regarding police conspiracy to interfere with civil rights
     

  13. Leuren Moret, regarding Tritium Treatability Study

     

  14. Howie Muir, regarding development

     

  15. Miyuki Saito, regarding 2507 McGee Avenue

     

  16. Victor R. Hanson, regarding 1439 Oxford Street

     

  17. Jami Caseber, regarding wood burning appliances

     

  18. Paul Koretz, Assemblyman 42nd District, thanking Council for their support of AB 181 to protect minimum wage.

     

  19. Regarding Meeting Notice Language:

    1. Judy Meyer

    2. Jonathan Gold

    3. Barbara Wilkie

    4. Carol David

    5. Charlotte Shoemaker

     

  20. Ray Dobard, regarding garbage service

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.