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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, FEBRUARY 19, 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.

 

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 Kelly, City Clerk, 981-6900

     

  2. Minutes for Approval

    From:  City Manager

    Recommendation:  Approve the minutes for Council meetings of:  a) December 11, 2001 (closed); b) December 11, 2001 (regular); c) December 18, 2001 (closed); d) January 15, 2002 (regular); e) January 15, 2002 (closed); f) January 18, 2002 (closed); g) January 22, 2002 (regular); h) January 29, 2002 (special); i) January 29, 2002 (closed); j) February 5, 2002 (regular) and k) February 5, 2002 (closed).

    Contact:  Sherry Kelly, City Clerk, 981-6900
     

  3. Parking Enforcement – Citation Authority Amendments

    From:  City Manager

    Recommendation:    Adopt an Ordinance amending Berkeley Municipal Code (BMC) sections 6.24, 14.36, 14.40, 14.44, 14.52, and 14.64 relating to parking and stopping of vehicles to permit multiple citations, issuing citations at inoperable meters and correcting the parking meter fee rates.

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000, D.E. Butler, Police, 981-5700, and Manuela Albuquerque, City Attorney, 981-6950

     

  4. Contract:  Ambulance Billing and Collection Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendment with Allied Information Services to provide billing/collection services for the ambulance service from April 1, 2002 to April 1, 2004 with an option to extend an additional two years. 

    Contract:  Reginald Garcia, Fire, 981-3473

     

  5. Contract:  Transitional Housing for Mentally Ill

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Avondale Hotel in an amount not to exceed $75,000 to provide transitional housing for individuals who are homeless and seriously mentally disabled for the period December 1, 2001 to June 30, 2002.

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

     

  6. Disability Retirement Determinations of Local Safety Employees

    From:  City Manager

    Recommendation:  Adopt a Resolution modifying the procedure for affording administrative due process for disability retirement determinations of local safety employees under the California Public Employees’ Retirement System (CalPERS) and rescinding Resolution No. 56,517–N.S.

    Contact:  Ron Brown, Human Resources, 981-6100

     

  7. Grant:  Proposition 12 – California Heritage Fund - Landscaped Median Strip on Piedmont Avenue (CF 01-175)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the Office of Historic Preservation, California Department of Parks and Recreation, for available grant funds from the California Heritage Fund Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000, and to execute any related grant agreements and any amendments that may be necessary.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700, Rene Cardinaux, Public Works, 981-6300

     

  8. Purchase Order:  Temporary Employment Agency Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing increasing the purchase order up to $75,000 for Apple One Employment Agency for temporary employment services for the Parks Recreation & Waterfront Department for the period July 1, 2001 to June 30, 2002.

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

     

  9. Contract:  Southside Plan Environmental Review

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with LSA Associates to add $100,000 in previously allocated Southside Plan funds for a total contract amount not to exceed $183,810 for completion of the required environmental review for the draft Southside Plan General Plan Amendment, and extending the term of the contract until January 31, 2003.

    Contact:  Carol Barrett, Planning and Development, 981-8102

     

  10. Purchase Order:  Heavy Duty Truck Hoist

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the purchase of a heavy duty above-ground truck hoist from Municipal Maintenance Equipment, in an amount not to exceed $55,000 and to be funded through the Solid Waste Fund.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  11. State Proposition 42 - Transportation Congestion Improvement Act

    From:  City Manager

    Recommendation:  Adopt a Resolution supporting Proposition 42, the Transportation Congestion Improvement Act, on the March 5, 2002 statewide ballot.

    Contact:  Peter Hiller, Transportation, 981-7000

     

  12. Change of Dwight Way’s categorization in the General Plan

    From:  Councilmembers Breland and Maio

    Recommendation:  Refer to the City Manager and Office of Transportation scheduling neighborhood meetings with Dwight Way residents and councilmembers regarding Dwight Way’s categorization in the General Plan.

    Contact:  Margaret Breland, Councilmember District 2, 981-7120, Linda Maio, Councilmember District 1, 981-7110

     

  13. Olmstead Median Strip On Piedmont Avenue and Gayley Road

    From:  Mayor Dean

    Recommendation:  That, as part of the discussion on February 19, 2002 of a staff report on the landmark Olmstead median strip on Piedmont Avenue and Gayley Road, the Council consider a proposal to post signs prohibiting parking on the median and to impose and enforce appropriate financial penalties for violations, the import of which would be posted.  The visual impact of the postings should be taken into account and woven into any design for the median.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  14. Expand Labeling on Food Products

    From:  Mayor Dean

    Recommendation:  1) Request that the City Manager write to the Food and Drug Administration (FDA) expressing support for proposals for labeling on food products to be expanded to include trans fat (hydrogenated vegetable oils) in particular and also that the labeling include all ingredients and include them in a way that is more understandable by the average consumer; and 2) Refer this matter to the Community Health Commission, the Health Department, the Food Policy Council, the Food Policy Group, the South and West Berkeley Health Forum, and other appropriate groups for their recommendations on how best to include this issue in the City Food and Nutrition Plan and promote the health of residents by reducing the inclusion of food products containing trans-fatty acids (“hydrogenated vegetable oils”) and other dangerous substances in their daily food intake.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  15. Reported Violations of Human Rights of the Falun Gong

    From:  Councilmember Hawley

    Recommendation:  Request that the Peace and Justice Commission look into allegation of government oppression and violence against members of the Fulan Gong in Berkeley’s sister city, the Haidian District of Beijing, China, and recommend whether the Council should take action.

    Contact:  Miriam Hawley, Councilmember District 5, 981-7155

     

  16. Parking in Bus Stop Zones

    From:  Councilmember Hawley

    Recommendation:  Ask the City Manager and the Transportation Commission to work with AC Transit to allow parking in bus stop zones where bus usage is limited to morning or afternoon commute periods.

    Contact:  Miriam Hawley, Councilmember District 5, 981-7155

     

  17. Active Recreational Uses for the Albany Plateau in the Eastshore State Park General Plan

    From:  Councilmembers Hawley and Shirek

    Recommendation:  Ask the City Manager to write a letter of support for the planning process for the inclusion of formal playing fields on the Albany Plateau as an option in the General Plan for Eastshore State Park.  Our support would include a stipulation that the fields be developed in keeping with State Park and Recreation guidelines for active recreational uses, and that protection of wildlife habitat should be a primary consideration as plans for the fields are developed.

    Contact:  Miriam Hawley, Councilmember District 5, 981-7155, Maudelle Shirek, Councilmember District 3, 981-7130

     

  18. City Manager Evaluation and Discussion of Compensation Issues

    From:  Mayor Dean

    Recommendation:  Request the City Clerk schedule a time to conduct the City Manager evaluation and discussion of compensation.  Approximately one and one-half hours should be reserved, possibly at a noontime lunch meeting.  The meeting should occur when all Council members are available and at the soonest date possible.  It is likely that only one meeting will be necessary for this purpose.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  19. Dragon Boating at the Berkeley Marina  (To Be Delivered)

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager for evaluation the use of the Berkeley Marina for an expanded Berkeley Dragon Boat program, and encourage the Dragon Boat leaders, members of the Parks and Recreation and Waterfront Commissions, and related staffs to move forward to quickly complete the review process since the dragon boat racing season is almost upon us.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  20. Ban Smoking Within 15-25 Feet of All Buildings Open to the Public

    From:  Mayor Dean

    Recommendation:  Direct the City Manager to draft an amendment to Section 12.70.030 of the Berkeley Municipal Code (BMC) to ban smoking within 15-25 feet of the entrances of all Berkeley buildings open to the public.  The exact number of feet would be determined by the City Manager.  The recommendation should be reviewed by the Health Commission and other interested parties, and the Manager should come back to Council with the proposed ordinance changes.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  21. Support for Janitors Union at 1947 Center Street

    From:  Councilmember Worthington

    Recommendation:  Support the Janitors Union at 1947 Center Street.  Also direct the City Manager to explore possibilities of locating other places for lease and possible cancellation of lease.

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

     

  22. Proclamation Designating the Month of March 2002 as Women’s History Month

    From:  Councilmember Worthington

    Recommendation:  Support proclamation designating the month of March 2002 as Women’s History Month.

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

     

  23. Proclamation Honoring Gail Dolgin and Vicente Franco for the Film Daughter from Danang

    From:  Councilmember Worthington

    Recommendation:  Support the proclamation honoring Gail Dolgin and Vicente Franco for their film Daughter from Danang and proclaiming March 13, 2002 as Dolgin & Franco Day.

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

     

  24. Naming I-80 Pedestrian Bicycle Overpass in Honor of Tom Bates

    From:  Councilmember Spring

    Recommendation:  Refer to the Parks and Recreation Commission the request to name the I-80 pedestrian/bicycle/wheelchair overpass in honor of former Assemblyman Tom Bates for the contribution that he made to the formation of the Eastshore State Park, the environment and disability rights; and request that the Commission return to the Council with their recommendation by June 2002.

    Contact:  Dona Spring, Councilmember District 4, 981-7140

Presentation

  1. Potential Ballot Measures – November 2002

    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

     

  2. Mid-Year Budget  (To Be Delivered)

    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

Public Hearings

  1. Extend Residential Permit Parking

    From:  City Manager

    Recommendation:  Conduct a public hearing and, upon conclusion, adopt a Resolution amending Sections 25C, 25J, and 25M of Resolution No. 56,508–N.S. by adding subsection to extend residential permit parking on both sides of Bancroft Way between McGee Avenue and Jefferson Avenue, on the east side of Fulton Street between Oregon Street and Russell Street, and on both sides of Ellis Street between Prince Street and Woolsey Street; and authorizing the use of $900 from the operating budget of the Public Works Department to cover implementation costs.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    a. Communications

         1.    Kevin Powell

     

  2. Adjustments to Council District Boundaries (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 and an opportunity for staff to present an update on adjustments to census data; and 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 scheduled for February 26, 2002.

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

    a. Communications

    1. Dona Spring, Councilmember, District 4

    2. Citizens for Fair Representation

    3. Robert Flasher

    4. Merrilie Mitchell
       

  3. Re-zoning Ten Parcels on the North Side of Hearst Street between San Pablo Avenue and Curtis from R-3 to R-2A

    From:  City Manager

    Recommendation:  Conduct a public hearing and, upon conclusion, adopt a Resolution to maintain the existing R-3 Multiple-family Residential Designation, and direct staff to prepare design review guidelines and procedures for San Pablo Avenue and adjacent multi-family zones.

    Contact:  Carol Barrett, Planning and Development, 705-8102
    a. Communications

    1. Ken Schmier

    2. Dale Anania

    3. Susan Wappenstein

    4. Sandra Hrdlicka

    5. Ruth Knapp

    6. Kris Antonsen

    7. Elaine Eastman

    8. Hoss Azimi

    9. Marc Mathieu

    10. Carolyn Corey & Alisa Foster

    11. Belen Garido

    12. Andrea Blum

    13. Curt Clingman

    14. Mary Jo Thoresen

    15. Solomon Kahn

    16. Eric Lazar

    17. Cynthia Hazell

    18. Alice Waters

    19. Pam Ormsby

    20. Blaine Breide

    21. Edison Allen Jr.

    22. Ellen B. Freed

    23. Teal Major

    24. Rolf Williams

    25. Barbara Getz

    26. Marina Barnett & James Barnett

    27. Michael Cohen

    28. Louise Lo

    29. Patricia Tucker

    30. Harry Watamura

    31. Paul Shain

    32. Deborah Dixon & Dawn Marie Wadle

    33. Damien Curry

    34. Amy Billstrom

    35. Hearst/Curtis/Delaware Neighborhood Association

    36. Johanna Vondeling

    37. Frederick Gadelle

     

  4. Maximum Taxicab Fare Rate Increase

    From:  City Manager

    Recommendation:  Conduct a public hearing and, upon conclusion, adopt a Resolution amending Section C of Resolution No. 58,489-N.S. to increase the maximum taxicab fare rates for the flag drop, minimum mileage, waiting time and traffic delay.

    Contact:  Fran David, Finance, 981-7300

Information Reports

  1. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

     

  2. Landmarks Preservation Commission Notices of Decision:  Discontinuation of Initiation for:  2220 Cedar Street & 1300 Martin Luther King, Jr. Way

    From:  City Manager

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

  3. Landmarks Preservation Commission Notices of Decision:  Approval of the Structural Alteration Permits for:  2071 Addison Street; 2087 Addison Street & 1099 Ashby Avenue

    From:  City Manager

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

  4. Schedule for Discussion of General Plan Elements

    From:  City Manager

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

  5. Progress of the Residential Preferential Parking Advisory Group (CF 67-00, CF 253-00)

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

     

  6. Citywide Cash Receipts / Cash Handling Survey Report

    From:  City Auditor

    Contact:  Ann-Marie Hogan, City Auditor, 981-6750

     

  7. Summary of Activities for 2001 and Work Plan for 2002

    From:  Fair Campaign Practices Commission

    Contact:  Prasanna Rasiah, Fair Campaign Practices Commission, 981-6950

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. Jim Hultman, regarding Berkeley Community Media (B-TV)

  2. Ray Dobard, regarding the summary of the January 29, 2002 special council meeting

  3. Ari DeSilva, regarding food vending license

  4. Carol Jenkins and Anthony Guarnieri, regarding Tune-up Masters

  5. Ken Stein, regarding Ed Roberts campus

  6. Paul Kamen, regarding Berkeley Dragons

  7. Joe Clay, USMC, regarding Afghanistan resolution

  8. Kay Schwartz, regarding cable franchise

  9. Mitch Cohen, regarding transportation alternatives

  10. William Bedford, regarding Fairview and 63rd Streets

  11. Esther Martino, regarding 2700 San Pablo Avenue

  12. Ray Dobard, regarding captioning at the Commission on Disability meetings

  13. Carol Denney, regarding Berkeley Folk Festival

  14. Sharon Brown, Metropolitan Transportation Commission, thanking the council for its letter of support for providing subsidized bus passes to low-income students at the November 27, 2001

  15. Karen Kemp (Donahue), regarding grant request for book production on History of Berkeley’s Pathways

  16. Karen Baker, UA evictions

  17. Tina Juarez, regarding pedestrian safety

  18. Regarding Lawrence Berkeley National Laboratory:

    1. Darrel Staley

    2. Robert Clear

  19. Celia McCarthy, regarding “Safe Route to Schools” project

  20. Carol Sullivan, regarding Santa Fe Right of Way

  21. Leuren Moret, regarding radiation

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.