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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, MARCH 12, 2002
 

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.

Proclamation honoring Senior Medi-Benefits

 

Proclamation for the 90th birthday of the Girl Scouts of the San Francisco Bay Area

 

Proclamation honoring Walfrid Saarni

 

Proclamation designating March as Women’s History Month

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.

 

Comments from the Public:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

 

Youth Forum:  A total of 15 minutes is designated to allow youth an opportunity to address the Council.  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 taken up after the “Action Calendar” unless the Council reorders the agenda.

  1. Minutes for Approval
    From:  City Manager
    Recommendation:
      Approve the minutes for Council meetings of:  a) February 19, 2002 (closed; b) February 19, 2002 (regular); c) February 26, 2002 (special); and d) February 26, 2002 (regular).
    Contact: Sherry M. Kelly, City Clerk, 981-6900

     

  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. Waiving Council Rules for March 19th Meeting

    From:  City Manager

    Recommendation:  Waive Council rule to allow the City Manager to place priority action items on the agenda for the meeting of March 19, 2002.

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

     

  4. Adjustments to Council District Boundaries (Redistricting) 

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance adjusting the council district boundaries pursuant to Article V, Section 9, of the Charter.  These boundaries will be effective for the nomination and election of candidates for the November 5, 2002 General Municipal Election.

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

     

  5. Electronic News Clipping Service

    From:  City Manager

    Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ProFacto Research in the amount of $10,375 for the period from February 1, 2002 through June 30, 2002 for a total not to exceed $47,375.

    Contact:  Arietta Chakos, Assistant to City Manager, 981-7000

     

  6. Lease:  Computer Retail Store – Sather Gate Mall

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance authorizing a lease agreement with Ken Chu, owner of Quality Computers, for $1,049 per month for 709 square feet at $1.48 per square foot to operate a retail store featuring computer hardware configuration and installation, at 2435A Channing Way (Sather Gate Mall) for a five-year period with one five-year option.

    Contact:  Fran David, Finance, 981-7300

     

  7. 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:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23, Zoning, by amending the Official Zoning Map of the Zoning Ordinance to rezone ten parcels on the north side of Hearst Street between San Pablo Avenue and Curtis from R-3 to R-2A.

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

  8. Contract:  HIV/AIDS Housing Assistance Program

    From:  City Manager

    Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract with Catholic Charities of the East Bay, and any amendments, in an amount not to exceed $14,000 for continuing operation of the HIV/AIDS Housing Assistance Program through the end of Fiscal Year 2002.

    Contact:  Stephen Barton, Housing, 981-5400

     

  9. Contract:  Homelessness Prevention Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Eden Council for Hope and Opportunity, Inc., in an amount not to exceed $156,000 to continue operation of the Homelessness Prevention Program through the end of FY 2002, with cumulative spending for the program not to exceed $299,142.

    Contact:  Stephen Barton, Housing, 981-5400

    a.  From:  Homeless Commission

    Recommendation:  Adopt a Resolution supporting the Homelessness Prevention Program by allocating sufficient funds necessary to operate the program for the reminder of this fiscal year.

     

  10. Redevelopment Agency Annual Report Fiscal Year 2000-01

    From:  City Manager

    Recommendation:  Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 2000-01.

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

  11. Contract:  Dust Suppression System

    From:  City Manager

    Recommendation:   Adopt a Resolution approving plans and specifications for the dust suppression system at the Transfer Station, rejecting bids and authorizing the City Manager to negotiate on the open market and execute a contract and any amendments for the amount not to exceed $60,500 for a period of 120 calendar days.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  12. Contract:  Veterans Memorial Building

    From:  City Manager

    Recommendation:   Adopt a Resolution authorizing the City Manager to execute contract amendments with Noll and Tam Architects to produce a detailed cost estimate for the Veterans Memorial Building for purposes of making the building the future Council Chambers and increasing the contract by $22,385 for a total contract amount not to exceed $46,560.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  13. Plans for the New Alameda County Juvenile Justice Facility

    From:  Councilmembers Maio and Shirek

    Recommendation:  Adopt a Resolution opposing the current plans for the new Alameda County Juvenile Justice Facility and ask the County Board of Supervisors to reconsider the site and size of the new facility.

    Contact:  Linda Maio, District 1, 981-7110; Maudelle Shirek, District 3, 981-7130

     

  14. Citizen’s Options for Public Safety (COPS) Program Funding for San Pablo Park

    From:  Councilmembers Maio and Breland

    Recommendation:  Refer a request from the San Pablo Neighborhood Council Association (SPNCA) for consideration of an allocation of the Citizen’s Options for Public Safety (COPS) grant funding to San Pablo Park to the Council Subcommittee for a Teen Center, and request the City Manager send a letter of thanks and appreciation to the SPNCA for their efforts.

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

     

  15. Consider a Citywide 20 MPH Speed Limit in Residential Areas

    From:  Councilmember Worthington

    Recommendation:  Refer to the Transportation Commission consideration of a citywide 20 MPH speed limit in residential areas.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  16. Proclamation Honoring Student Commissioners Day

    From:  Councilmember Worthington

    Recommendation:  Support the proclamation honoring Student Commissioners Day.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  17. Proposal to Eliminate Family Providers and Advance Pay From the In-Home Supportive Services Program

    From:  Councilmember Worthington

    Recommendation:  Oppose California Legislative Analyst’s Office Proposal to eliminate family providers and advance pay from the In-Home Supportive Services program and send letters of opposition to our elected state representatives.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  18. Redistricting – Amendment to Plan

    From:  Councilmember Spring

    Recommendation:  That the Council reconsider adding the Spring Amendment in its entirety to the passage of the redistricting plan.

    Contact:  Dona Spring, District 4, 981-7140

     

  19. Proclamation for Public Health Week on March 19, 2002

    From:  Mayor Dean

    Recommendation:  Waive Council rules and approve the reading of a Council proclamation on March 19, 2002 for Public Health Week, April 1-7, 2002.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  20. Proclamation for Doris Richards, Retiring President of the Ohlone Dog Park Association on March 19, 2002

    From:  Mayor Dean

    Recommendation:  Waive Council rules and approve the reading of a Council proclamation  on March 19, 2002 for Doris Richards, retiring President of the Ohlone Dog Park Association.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  21. Proclamation Honoring  Doris Richards

    From:  Councilmember Linda Maio

    Recommendation:  Approve a proclamation honoring Doris Richards' for her contributions as president of the Ohlone Dog Park Association. 

    Contact:  Linda Maio, District 1, 981-7110

     

  22. Proclamation Honoring Cesar Chavez (to be delivered)

    From:  Mayor Dean

    Recommendation:  Approve a proclamation honoring Cesar Chavez, to be delivered by Mayor Dean at the March 29, 2002 celebratory event.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  23. Grant Application - Repair of Strawberry Creek Culvert

    From:  Mayor Dean and Councilmember Breland

    Recommendation:  Adopt a Resolution supporting the application to the State Department of Water Resources, Urban Streams Restoration Grant Program by a partnership applicant consisting of the Urban Creeks Council, the Friends of Strawberry Creek, and the City of Berkeley (Applicant) for the purposes of repairing the collapsed culvert at Strawberry Creek Lodge/North Valley Street, and of restoring the damaged Creek and Creek bank.  Since the application was of necessity submitted by Applicant on the March 6 due date and was essentially agreed upon by the principals, the requirement now is for the City Council to affirm this action and approve the resolution (to be forwarded by the City Clerk).

    Contact:  Shirley Dean, Mayor, 981-7100;  Margaret Breland, District 2, 981-7120

     

  24. Policy That No Public Hearings Shall Start After 10:00 PM

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  That the Council establish a policy for itself, and for all City boards and commissions, that no public hearing shall start after 10:00 p.m.

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

     

  25. Proclamation In  Recognition of the 40th Anniversary of Velo-Sport Bicycles

    From:  Councilmember Maio

    Recommendation:  Approve a proclamation in recognition of the 40th anniversary of Velo-Sport Bicycles in Berkeley. 

    Contact:  Linda Maio, District 1, 981-7110

     

  26. Reappointment of Kevin James

    From:  Board of Library Trustees

    Recommendation:  Adopt a Resolution reappointing Trustee Kevin James to the Library Board to serve through May 8, 2003.

    Contact:  Jackie Y. Griffin, Director of Library Services, 644-6095

    a.  City Manager Report

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

    Contact:  Jackie Y. Griffin, Director of Library Services, 644-6095

Action Calendar

 

Priority:

  1. Workshop on Waterfront Development on Private Waterfront Land

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

    a.  Clarification of Remaining “Development Rights” on the North Basin Strip of the Berkeley Waterfront  (CF 111-01)  (Held over from 01/22/02 by Spring.)

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

    b.  City Manager Supplemental Information Report

    Contact:  Manuela Albuquerque, City Attorney, 981-6950
     

  2. General Plan Amendments

    From:  City Manager

    Recommendation:  Review amendments submitted by councilmembers and commissions and endorse amendments recommended by staff to be included in resolutions to be presented to the Council on March 19, 2002 for adoption.

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

  3. Mid-Year Financial Status Report

    From:  City Manager

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

     

  4. Potential Ballot Measures – November 2002

    From:  City Manager

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

Old Business:

  1. Elimination of Auto-Related Uses on University Avenue (CF44-00) (Moved to Action by Spring on 1/15/02 and held over from 2/5/02 and 2/26/02)

    From: City Manager

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

     

  2. Parking Enforcement – Citation Authority Amendments  (Held over by Maio from 2/19/02 and 2/26/02)

    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

    a.  From:  Councilmember Maio

    Recommendation:  Forward to the City Manager the following recommendations: 1) beginning immediately, insert a description of the pending changes into all citations for parking at broken meters beyond the official time limit, including the rationale for the new policy; 2) implement a “grace period” of several weeks before initiating enforcement; 3) consider implementing stepped up enforcement on Durant and Bancroft (pilot area) and studying its efficacy before removing the meters entirely; and 4) provide a brief description to Council of the outreach and communications effort, one that we can use in replying to constituents.

    Contact:  Linda Maio, District 1, 981-7110

     

  3. Progress of the Residential Preferential Parking Advisory Group (CF 67-00, CF 253-00) (held over by Mayor Dean from 2/19/02 and 2/26/02)

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

New Business:

  1. Replacement of HELP Loan for Outback Senior Homes

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the replacement of a loan from the Housing Enabled by Local Partnerships (HELP) in the amount of $526,000 with a Housing Trust Fund loan and authorizing the City Manager to execute loan agreements and any other amendments.

    Contact:  Stephen Barton, Housing, 981-5400

     

  2. Application for HUD Section 108 Loan Guarantee

    From:  City Manager

    Recommendation:   Adopt a Resolution approving the use of the Community Development Block Grant (CDBG) allocation as the principal subsidy for the purposes of participating in the Department of Housing (HUD) Section 108 Loan Guarantee Program and directing staff to submit Section 108 Loan application to HUD for consideration on the Outback Senior Homes, not to exceed $800,000.

    Contact:  Stephen Barton, Housing, 981-5400

     

  3. Interim Solar Calendar in Cesar Chavez Park

    From:  City Manager

    Recommendation:   Approve the proposal by Chavez Circle of Service Partnership, on an interim basis, not to exceed two years, for the placement of rocks in a manner that would replicate a solar calendar within an area previously identified by Council as a possible location for the Solar Calendar project.

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

Information Reports

  1. Free Parking for Clean Air Vehicles  (CF 83-01)

    Contact:  Fran David, Finance, 981-7300

     

  2. Investment Report:  Quarter Ending December 31, 2001

    Contact:  Fran David, Finance, 981-7300

     

  3. Status of Food Vending Ordinance and Operation of Vegi Heaven  (CF 178-01)

    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.

 

Page

  1. Berkeley Path Wanderers, regarding the General Plan

  2. RFG, regarding National Guardsman and Employment

  3. Howie Muir regarding fiscal policy of Berkeley Unified School District

  4. Regarding re-zoning Hearst Avenue:

    1. Dorothy Amiri

    2. Kerby Landis

    3. Julian Lee

    4. Vernon Pruett

    5. Suellen Conklin

    6. Roy Nakadegawa

  5. Regarding Telegraph/Russell intersection:

    1. Doug Daniels

    2. Ignacio Dayrit

    3. Jessica Kass

  6. Howie Muir, regarding housing in the Bay Area

  7. Regarding 2700 San Pablo Avenue

    1. Pamela Thomas

    2. Howie Muir

  8. Howie Muir, regarding population density

  9. Berkeley Fellowship of Unitarian Universalists, regarding Berkeley Free Folk Festival

  10. Susan Medak, regarding parking in downtown

  11. Fred Brewen, regarding patriotism

  12. Dorothy Ann Brown, regarding Santa Fe Right of Way

  13. Ray Dobard, regarding parking citations

  14. Frankie Fraser, regarding COPS funding

  15. Terry Cochrell, regarding Shoreline State Park

  16. Regarding Brothers Liquors

    1. Howie Muir

    2. Sam Herbert

  17. Partick Kennedy, regarding Gaia Building

  18. Rick Powers, regarding vending license exemption

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.