Regular Meeting eAgenda
December 17
, 2002

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, December 17, 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.

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.      Hills Fire Station – 3000 Shasta Road

From:  City Manager  (First vote – Abstain-Worthington)

a.      Recommendation (PDF, 1.5 MB):  1) Adopt second reading of an Ordinance conveying the Virginia Street right of way west of frontage road to the East Bay Regional Parks District (EBRPD) and accepting Shasta Road from Grizzly Peak Boulevard to the City boundary; and 2) Adopt second reading of an Ordinance for the purchase of land from the East Bay Municipal Utility District (EBMUD) along Shasta Road for the purpose of constructing a fire station.

Contact:  Rene Cardinaux, Public Works, 981-6300

b.      Recommendation (PDF, 791 KB):  1) Adopt a Resolution approving a joint financing agreement with (EBRPD); and 2) adopt a Resolution approving contract and any amendments with Marcy Li Wong Architects, to provide phase II of architectural and engineering services for the Hills Fire Station, and for retrofit of the existing No. 7 Fire Station, in an amount not to exceed $478,500 for all services and reimbursable expenses for the period December 1, 2002 until December 31, 2004.

Contact:  Rene Cardinaux, Public Works, 981-6300

c.       Status Report on Measure G Funds  (PDF, 125 KB)

From:  City Manager

Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

2.      1947 Center Street – Acquisition  (First vote – unanimous) (PDF, 102 KB)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property located at 1947 Center Street from Gerson Baker Partnership et al. for an amount not to exceed $18,510,000, including closing costs.

Contact:  John Rosenbrock, Capital Projects, 981-6331

3.      Contract:  North Shattuck Association (PDF, 374 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association for $182,587 to implement the Management District Plan for the North Shattuck Business Improvement District (BID) for Fiscal Year 2003.

Contact:  Tom Myers, Economic Development, 981-7530

4.     Certificates of Participation for Lease of 1947 Center Street (PDF, 402 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the execution, sale and delivery not to exceed $29,000,000 Certificates of Participation, authorizing and directing execution of related lease financing documents and trust agreement, approving official statement, and authorizing other official actions for the lease of 1947 Center Street for City offices.

Contact:  Phil Kamlarz, City Manager, 981-7000

5.      Amendment to FY 2003 Civic Arts Commission Grant Funding Recommendations (PDF, 338 KB)

From:  City Manager

Recommendation:   Adopt a Resolution to include Berkley Chamber Performances on the list of organizations eligible to receive funding from the FY 2003 Civic Arts grant funding recommendations in the amount of $2,500, withdraw the grant award to The Crucible in the amount of $8,727, and reduce the total amount awarded to various organizations to support arts and cultural activities during FY 2003 to $251,489 and rescinding Resolution No. 61,684–N.S.

Contact:  Tom Myers, Economic Development, 981-7530

6.      AMPCO System Parking Expenditure Authorization (PDF, 261 KB)

From:  City Manager

Recommendation:   Adopt a Resolution ratifying payments to AMPCO System Parking for services already provided and authorizing future payments for a total amount not to exceed $795,996 for a period covering July 1, 2002 through June 30, 2003.

Contact:  Fran David, Finance, 981-7300

7.      Grants and Contracts:  Youth Employment Services (PDF, 378 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to accept a grant from the Alameda County Workforce Investment Board for funds in the amount of $250,913 for the period July 1, 2002 to June 30, 2004 to provide year-round employment services to youth; to execute an resultant revenue agreements and any amendments; and to execute amendments to the contracts with Berkeley Youth Alternatives (BYA) ($15,000), Berkeley Adult School ($10,000), and the City of Alameda ($72,000) for services to support the year-round youth employment program by increasing the amounts by $97,000 for a total not to exceed $315,435, and to extend the terms to June 30, 2004.

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

8.      Contract:  Peer Case Management Services (PDF, 305 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Peers Envisioning and Engaging in Recovery Services and waive the no contracting out policy for the provision of peer case management services for the Assertive Community Treatment team for the period January 1, 2003 through December 31, 2003 in an amount not to exceed $40,400.

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

9.     Contract:  Transitional Housing (PDF, 301 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Avondale Hotel to provide transitional housing for individuals who are homeless and mentally disabled for the period July 1, 2002 to June 30, 2003 in an amount not to exceed $40,000.

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

10.  Section 108 Loan Repayment (PDF, 255 KB)

From:  City Manager

Recommendation:   Adopt a Resolution supporting the concept of committing $120,000 in annual Community Development Block Grant (CDBG) funds over a ten-year period to be used to repay the $1.4 million Section 108 loan that the U.S. Department of Housing and Urban Development has reserved for the City on behalf of the Housing Authority’s public housing rehabilitation project.

Contact:  Stephen Barton, Housing, 981-5400

11.  Contract:  University Avenue Homes Fire (PDF, 201 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Building Opportunities for Self-Sufficiency  (BOSS) allocating $14,983 of Community Services Block Grant for FY 2003 to offset expenses of housing residents of UA Homes displaced by a fire.

Contact:  Stephen Barton, Housing, 981-5400

12.  Contract:  Lighting Services (PDF, 525 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute an amendments to the scope, term and payment terms of the contract with Smith Rauch for lighting audit and installation services, increasing the amount by $275,001 for a total not to exceed $300,000, and extending the term to December 31, 2003.

Contact:  Stephen Barton, Housing, 981-5400

13.  Security Deposit Revolving Loan Fund Program (PDF, 402 KB)

From:  City Manager

Recommendation:   Adopt a Resolution 1) committing $75,000 of the $368,000 in Anti-Blight Program loan funds that will become available at the end of the current fiscal year to fund the Security Deposit Revolving Loan Fund Program (SDRLFP), while referring the remaining $293,000 to the mid-year budget review process; 2) advancing the SDRLFP with $75,000 in HOME Program funds from the current Housing Trust Fund (HTF) account to be reimbursed when the Anti-Blight loan funds become available; and 3) revising the Consolidated Plan to allow use of federal HOME Program funds for the SDRLFP.

Contact:  Stephen Barton, Housing, 981-5400

14.  Certification of Election for Representatives of the Poor (PDF, 188 KB)

From:  City Manager

Recommendation:   Adopt a Resolution certifying the results of the November 12, 2002 election for representatives of the poor to the Human Welfare and Community Action Commission (HWCAC):  Ms. Willie Harold (District 1), Corita Jenkins (District 2 ), and Valerie Williams (District 3) are elected for four-year terms; Theda McNeal (District 2), and Anthony Magana (District 3) are elected for two years.

Contact:  Stephen Barton, Housing, 981-5400

15.  Health Plan Rate Increases (PDF, 227 KB)

From:  City Manager

Recommendation:   Adopt two Resolutions authorizing rate increases for the Kaiser Foundation Health Plan and Health Net Health Plans for City employees effective January 1, 2003.

Contact:  Ron Brown, Human Resources, 981-6800

16.  Establishment of Land Use Planning Manager (PDF, 1.1 MB)

From:  City Manager

Recommendation:   Adopt a Resolution amending Resolution No. 61,840-N.S., Classification/Salary Resolution for PEU, Local One, to establish the Land Use Planning Manager classification, effective January 1, 2003, with a salary range of $7,288 to $8,706 per month, with cost-of-living and equity adjustments, in accordance with the current Local One Memorandum of Understanding.

Contact:  Ron Brown, Human Resources, 981-6800

17.  Contract:  Network Maintenance (PDF, 224 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Convergent Computing for network maintenance services, increasing the amount by $40,000 for a total not to exceed $120,000 for the period December 31, 2000 through June 30, 2004.

Contact:  Chris Mead, Information Technology, 981-6500

18.  Contract:  University Avenue Median Landscaping Renovations–Soil Preparation (PDF, 526 KB)

From:  City Manager

Recommendation:   Adopt a Resolution approving the plans and specifications for the University Avenue Median Landscaping Renovations–Soil Preparation Work; accepting the bid of J.A. Gonsalves and Son Construction; and authorizing the City Manager to execute a contract and any amendments for the period January 2, 2003 to July 3, 2003 in an amount not to exceed $90,900.

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

19.  Grant: I-80 Bicycle/Pedestrian Bridge (PDF, 305 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application to Caltrans for the State Highway Operation and Protection Program (SHOPP) Transportation Enhancement Act (TEA) in the amount of $800,000 in FY 2004 for the I-80 Bicycle/Pedestrian Overcrossing Site and Access Improvements Project; authorizing the City Manager to accept the grant, and to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of $104,000 as the required local match, subject to securing the grant.

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

20.  Contract:  Backup Refuse Hauling Services (PDF, 346 KB)

From:  Public Works

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a four-year contract and any amendments with Sanitary Fill Company in an amount not to exceed $400,000 for backup refuse hauling services.

Contact:  Rene Cardinaux, Public Works, 981-6300

21.  Contracts:  On-Call Survey Services (PDF, 474 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Logan Surveying in an amount not to exceed $250,000; Moran Engineering and Surveying in an amount not to exceed $250,000; and Brian Kangas Faulk in an amount not to exceed $250,000, for a total amount not to exceed $750,000 to provide on-call survey services for various Public Works projects and requests from other departments, for a period of three years.

Contact:  Rene Cardinaux, Public Works, 981-6300

22.  Contract:  Additional Stormwater Corrective Work (PDF, 255 KB)

From:  City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McNamara and Smallman Construction, Inc. on the Storm Drain Sewer Improvements and Rehabilitation Project to construct drainage improvements at four unimproved dedicated alleyways; increasing the contract in an amount not to exceed $90,000 for a total contract of $1,185,516 and extending the term an additional 45 calendar days, for a total revised contract period of 205 calendar days.

Contact:  Rene Cardinaux, Public Works, 981-6300

23.  Contract:  Architectural and Engineering Services – 1947 Center Street (PDF, 313 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ELS Architecture and Urban Design to provide architectural and engineering services for 1947 Center Street in an amount not to exceed $300,000 for all services and reimbursable expenses for the period December 20, 2002 through December 31, 2004.

Contact:  John Rosenbrock, Capital Projects, 981-6331

24.  Proclamation:  Farm Animals as Sentient Beings (PDF, 153 KB)

From:  Councilmember Spring

Recommendation:  Approve a proclamation for more humane treatment of animals raised in agribusiness as approved by the Citizens Humane Commission and direct the City Clerk forward the proclamation to Farm Animal Sanctuary.

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

25.  Funding of Ed Roberts Campus (PDF, 409 KB)

From:  Councilmembers Spring and Breland

Recommendation:  Direct the City Clerk to fax letters to Senators Feinstein, Boxer and Representative Pelosi and Lee urging the support of FY 2003 Labor/HHS/Education Appropriation Bill, which Congress will take up in January and which will provide funding for Ed Roberts Campus in this bill.

Contact:  Dona Spring, Councilmember District 4, 981-7140/Margaret Breland, Councilmember District 2, 981-7120

26.  Gateway Arch (PDF, 56 KB)

From:  Councilmember Breland

Recommendation:   Refer to the City Manager, Planning Commission, Landmarks Preservation Commission, Neighborhood Services Staff, Public Works Commission and the Transportation Commission a request to study and implement a plan to install a “Gateway Arch” over San Pablo Avenue and University Avenue welcoming people to the City.

Contact:  Margaret Breland, Councilmember District 2, 981-7120

27.  Blended Cement (PDF, 999 KB)

a.      From:  Berkeley Energy Commission

Recommendation:   Adopt a Resolution requiring that, wherever technically appropriate and practical, procurement of cement and concrete for municipal projects specify the use of blended cement (cement produced with pozzolanic blends using 14-50% pozzolans to replace virgin lime) in the production of cement and concrete used in City buildings and other construction

Contact:  Neal De Snoo, Secretary, 981-5434

b.      From:  City Manager

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

Contact:  Stephen Barton, Housing, 981-5400


Action Calendar – Presentations

28.   Presentation on “Street Smarts,” a proposed Regional Pedestrian Safety Awareness Campaign

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


Action Calendar – Public Hearings

29.  Extend Residential Permit Parking Program (PDF, 515 KB)

From:  City Manager

Recommendation:   Conduct a public hearing, and upon conclusion, adopt a Resolution amending Sections 25E, 25J, 25M and 25N of Resolution 56,508–N.S. by adding subsections to extend residential permit parking on California Street between University Avenue and Berkeley Way; on Russell Street between Milvia Street and Otis Street; on Wheeler Street between Prince Street and Woolsey Street; and on Hearst Avenue between Franklin Street and West Street; and authorizing the use of $1,200 from the operating budget of the Public Works Department to cover implementation costs.

Contact:  Peter Hillier, Transportation, 981-7000

30.  Denial of Use Permits – 1155 Hearst Avenue (October 22, 2002)

a.      From:  City Manager (Report of October 22, 2002)

Recommendation:  Set for public hearing the appeal of the Zoning Adjustments Board’s decision to deny Use Permit #01-10000087, to demolish 3 existing buildings containing 6 dwelling units and construct 3 buildings containing 14 dwelling units.

Contact:  Carol Barrett, Planning, 981-7400

b.      From:  City Manager (Report of December 17, 2002) (PDF, 6.2 MB)

Supplemental Background Information: 

Recommendation:  Hold a public hearing and upon conclusion, adopt a Resolution denying the application for Use Permits to construction a 14-unit housing project at 1155 Hearst Avenue and dismissing the appeal.

Contact:  Carol Barrett, Planning, 981-7400

c.       Appeal–Lynda Hart  (PDF, 477 KB)

Contact:  Sherry Kelly, City Clerk 981-6900

d.      Communications ( October 22, 2002)  Part 1 (PDF, 429 KB)   |   Part 2 (PDF, 2 MB)

1.      Shannon Hampton

2.      Dale Anania

3.      Alma Prins and Blaze Woodlief

4.      Eric Lazar

5.      Pam Ormsby

6.      Susana Wappenstein

7.      Curt Clingman

8.      Ruth Knapp

9.      Nancy Bickel, President League of Women Voters

10.  Alice Jorgensen

11.  Howie Muir

12.  Rachel Peterson

13.  Kathleen Kelly

14.  Pinchas Nagar

15.  Julian Lee

16.  Ellen and Howard Ruiz-Harrison

17.  Vernon Pruett

18.  Alice Landis

19.  Lynda Hart

20.  Stephen Wheeler

21.  Karl Reeh

22.  Rena Rickles

e.      Communications  (December 17, 2002) (PDF, 1.7 MB)

23.  John Snavely

24.  Erika Oba

25.  Rachael Peterson-Executive Director, Urban Ecolgy

26.  Alan Wofsy, MCP

27.  Ruth Knapp

28.  Lynn Smith

29.  Lynda Winslow

31.  Landmarks Preservation Commission Notice of Decision:  1326 Allston Way (Report of October 22, 2002)

a.      From:  City Manager (PDF, 896 KB)

Recommendation:  Certify the Landmarks Preservation Commission’s designation of the Corporation Yard as a landmark and set a public hearing for November 19, 2002.

Contact:  Carol Barrett, Planning, 981-7400

b.      From:  City Manager (Report of December 17, 2002) (PDF, 6.6 MB)  |  Supplemental Report  (PDF, 292 KB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution reversing in whole the Landmarks Preservation Commission’s Notice of Decision issued July 1, 2002, designating the Site of the Corporation Yard at 1326 Allston Way, the Ratcliff Building and 28 cedar trees, a City landmark.

Contact:  Rene Cardinaux, Public Works, 981-6300/Carol Barrett, Planning, 981-7400

c.       Communications (December 17, 2002) (PDF, 476 KB)

1.      LA Wood

2.      Toni Horodysky

 

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

32.  FY2004 & FY2005 General Fund Budget Update  (PDF, 234 KB)

From:  City Manager

Contact:  Paul Navazio, City Manager, 981-7000

33.  Implementation of Governmental Accounting Standards Board Statement #34 (PDF, 1.7 MB)

From:  City Manager

Contact:  Fran David, Finance, 981-7300/Rene Cardinaux, Public Works, 981-6300

34.  Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance in the Next 30 Days (PDF, 359 KB)

From:  City Manager

Contact:  Fran David, Finance, 981-7300

35.  Measurement and Verification of City Pool Boilers and Water Heaters (PDF, 364 KB)

From:  City Manager

Contact:  Stephen Barton, Housing, 981-5400/Lisa Caronna, Parks Recreation and Waterfront, 981-6700

36. Minority and Gender Representation Report (PDF, 12.7 MB)

From:  City Manager

Contact:  Ron Brown, Human Resources, 981-6800

37.  Seabreeze Market  (CF 141-02) (PDF, 150 KB)

From:  City Manager

Contact:  Lisa Caronna, Parks Recreation and Waterfront, 981-6700/Carol Barrett, Planning, 981-7400

38.  Initiation of 100% Bio-Diesel Fuel Program for Refuse Vehicles and Other Equipment  (CF 191-01 and 26-01) (PDF, 256 KB)

From:  City Manager

Contact:  Rene Cardinaux, Public Works, 981-6300

 

Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Residential Permit Parking

1.      Waleed Baatin

Transmitter atop the “Dead Center” at Shattuck and Cedar

2.      Rick Eisner

Diesel Trucks – Toxic Fumes and Noise violations on McGee Avenue

3.      Sue Parker

Call to Support the Ed Roberts Campus through the  2003 FY Labor/HHS/Education Appropriations Bill

4.      Caleb Dardick

White House Response to US and UN policies for Iraq

5.      Ruben Barrales

ZAB: 2628 Telegraph Recommendation for Approval

6.      Karl Reeh

Sentient Beings Proclamation

7.      Colleen Patrick

Free Speech and Berkeley Newspaper Theft by Mayor Tom Bates

8.      Barbara Gilbert

9.      Lloyd Morgan


Adjournment