Regular Meeting eAgenda
May 13
, 2003

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 13, 20037:00 p.m.

City Council Chambers, 2134 Martin Luther King Jr. Way

  

Preliminary Matters

Roll Call:

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

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.

Comments from Youth:  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 – Recess Items

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.     Contract: Low Income Program Revenues (PDF, 250 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City Manager to execute a contract with the State Department of Community Services and Development for a U.S. Department of Energy Weatherization Assistance Program, in the amount of $22,467 for the period of April 1, 2003 through January 31, 2004, to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Contact: Stephen Barton, Housing, 981-5400

2.      Reprogramming FY 2001 Emergency Shelter Grant Funds (PDF, 770 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing: 1) the reprogramming of $29,258 in FY 2001 Emergency Shelter Grant funds previously awarded to Building Opportunities for Self-Sufficiency (BOSS) for purposes of funding a portion of the costs associated with removal of underground storage tanks at the Harrison House Shelter facility site; and 2) the reprogramming of $34,690 in FY 2001 Emergency Shelter Grant funds, previously awarded to BOSS to Echo Housing in the amount of $19,709, to Berkeley Food & Housing Project in the amount of $8,479, and to the Women’s Daytime Drop-in Center in the amount of $6,503.

Contact: Stephen Barton, Housing, 981-5400

3.      Grant: Transportation Fund for Clean Air for BART Bikestation Expansion (PDF, 395 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Alameda County Congestion Management Agency for the Transportation Fund for Clean Air Program Manager grant program for $86,136 in FY 2003 for the feasibility study, design, expansion and operation of the Downtown Berkeley BART Bikestation; 2) accept $17,000 from Bay Area Rapid Transit (BART) as a cost-sharing contribution to the project; 3) accept the grant, and execute any resultant agreements and amendments; and 4) implement the project and appropriation of funding for related expenses, subject to securing the grant.

Contact: Peter Hillier, Transportation, 981-7000

 

Consent Calendar

4.      Approval of Minutes (PDF, 2 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of April 1, 2003 a) work session and b) regular, April 7, 2003 closed, and April 8, 2003 a) work session and b) regular.

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

5.      Needle Exchange (PDF, 164 KB)

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

6.      Terminating a Non-Exclusive Franchise for Rubbish Hauling to Handy Can of Berkeley (PDF, 569 KB) (First Reading – Unanimous)

From: City Manager

Recommendation:  Adopt a second reading of an Ordinance, repealing Ordinance 6564–N.S. granting a non-exclusive franchise for rubbish hauling, and terminating the franchise with Handy Can of Berkeley.

Contact: Rene Cardinaux, Public Works, 981-6300

7.      Lease Agreement: 2121 Allston Way  (PDF, 2 MB) (First Reading – Unanimous)

From: City Manager

Recommendation:  Adopt a second reading of an Ordinance authorizing the City Manager to execute a six-month lease agreement and any necessary amendments with The Magnes Museum for real property located at 2121 Allston Way, in an amount not to exceed $100,000 which includes monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to accommodate office space for the staff of Public Works Capital Improvement Projects (CIP), and Engineering divisions, Parks & Recreation and other personnel and activities as may be required.

Contact: John Rosenbrock, Capital Projects, 981-6331 and Rene Cardinaux, Public Works, 981-6300

8.      Contract:  Engineering Services for Harrison Street Skate Park (PDF, 526 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Geomatrix Consultants, Inc. in an amount not to exceed $57,000 to provide geotechnical and environmental consulting services to develop a permanent solution to prevent hexavalent chromium contaminated groundwater from entering the Harrison Street Skate Park.

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

9.      Scheduling Council Work Sessions (PDF, 95 KB)

From:  City Manager

Recommendation:  Approve scheduling special Council Work Sessions at 5:00 p.m. prior to each Council meeting in June and July.

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

10.  Amendment: FY 2003 Annual Appropriations Ordinance (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending the FY 2003 Annual Appropriations Ordinance No. 6693 for FY 2003 based upon recommended re-appropriation of unexpected FY 2002 funding and other adjustments authorized since July 1, 2002, in the amount of $17,070,503.

Contact: Weldon Rucker, City Manager, 981-7000

11.  Contract: I-80 Bicycle/Pedestrian Bridge Public Art Project (PDF, 455 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Scott Donahue to commission four sculptural public artworks for the I-80 Bicycle/Pedestrian Bridge, located at the west end of Addison Street, for the period of June 1, 2003 through June 30, 2004, in an amount not to exceed $113,000.

Contact: Tom Myers, Economic Development, 981-7530

12.  Contract: South Berkeley Public Art Project (PDF, 458 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mr. Steve Gillman to commission “HERETHERE”, a public artwork for a South Berkeley site at the intersection of Adeline Street and Martin Luther King, Jr. Way, for the period of June 1, 2003 though June 30, 2004 in an amount not to exceed $50,000.

Contact: Tom Myers, Economic Development, 981-7530

13.  Contract: Substance Abuse Counseling (PDF, 300 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Positive Outlook Consultant Services for the provision of substance abuse counseling and pretreatment services to pregnant and parenting women to increase the amount by $10,000 for a total not to exceed $55,000 for the period of July 1, 2002 to June 30, 2003.

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

14.  Grant: Parenting Education Services (PDF, 600 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Alameda County Children and Families Commission (Every Child Counts) in FY 2003 for funds in the amount of $150,000 to provide parenting education services to women enrolled in the Black Infant Health Program to increase knowledge, effective parenting skills and the use of well child care; 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) implement the projects and the appropriation of funding for related expenses, subject to securing the grant.

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

15.  Lease: 1767 Alcatraz Avenue (PDF, 699 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the option for a two-year extension with the South Berkeley Neighborhood Development Corporation (SBNDC) for real property located at 1767 Alcatraz Avenue in an amount not to exceed $27,855 for the period of July 1, 2003 to June 30, 2006 to provide office space for the Black Infant Health Program.

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

16.  Contract: Lighting Services (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Community Energy Services Corporation for lighting audit and installation services to increase the amounts from $965,000 to $1,067,607.

Contact: Stephen Barton, Housing, 981-5400

17.  Contract: Rehabilitation of 3200 Adeline Street (PDF, 174 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with A Better Way for an amount not to exceed $70,000 and to extend the term to June 30, 2004 to complete the rehabilitation of 3200 Adeline Street.

Contact: Stephen Barton, Housing, 981-5400

18.  Opposition: Assembly Bill 136–Extension of Workers’ Compensation Disability Leave of Absence for Public Safety Officers (PDF, 266 KB)

From: City Manager

Recommendation:  Send a letter to Governor Gray Davis and the City’s state legislative representative’s to oppose enactment of AB 136 (Kehoe) that would extend workers’ compensation disability leave of absence from one year to two years for sworn police officers and fire fighters.

Contact: Nicki Spillane, Human Resources, 981-6800

19.  Contract: Indexed Level 1959 Survivor Benefit for Fire Safety Members Only (PDF, 205 KB)

From: City Manager

Recommendation:  1) Rescind prior second reading of Ordinance No. 6728 held on February 25, 2003 as premature; and 2) adopt the second reading of an Ordinance to amend the City’s contract with CalPERS to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only to be effective June 14, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

20.  Code Enforcement Supervisor and Code Enforcement Officer I/II Classifications (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution:  1) amending Resolution No. 61,840-N.S., the Classification/Salary Resolution for PEU, Local One, to establish the Code Enforcement Supervisor classification, effective May 13, 2003, with a salary range for $4,900 to $5,918 per month, with a salary equity increase of 2% on July 6, 2003, a salary equity increase of 1% on July 4, 2004, and cost-of-living adjustments, in accordance with the current Local One Memorandum of Understanding (MOU); and 2) amending Resolution No. 61,805-N.S., the Classification/Salary Resolution for SEIU, Local 535, to establish the Code Enforcement Officer I/II classifications, effective May 13, 2003, with respective salary ranges of $3,605 to $4,326 and $4,377 to $5,192 per month, with cost-of-living adjustments in accordance with the current Local 535 MOU, and to abolish the Code Compliance Inspector and the Senior Code Compliance Inspector classifications, effective June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

21.  Long-Term Disability Insurance (PDF, 270 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a premium rate increase for the Unum Provident Life Insurance Company (formerly UNUM) Long-Term Disability insurance plan from 1.8% of the participant’s salary to 3.6% of the participant’s salary for an additional cost of $40,738 for employees enrolled in the Supplementary Retirement and Income Plan I (SRIP I) effective February 1, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

22.  Temporary Employment Agency Services: Apple One (PDF, 189 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving an expense of up to $30,000 for Apple One Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

23.  Temporary Employment Agency Services: Staffing Solutions  (PDF, 183 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving an expense of up to $30,000 for Staffing Solutions Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

24.  Temporary Employment Agency Services: Tac Staffing (PDF, 195 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving an expense of up to $72,000 for  Tac Staffing Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

25.  Temporary Employment Agency Services: Volt Temporary Employment Agency (PDF, 190 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving an expense of up to $104,000 for Volt Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

26.  Traffic Maintenance Supervisor Classification (PDF, 640 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing the classification of Traffic Maintenance Supervisor and amending Resolution No. 61,807-N.S., the Classification and Salary Resolution for SEIU Local 790 to include the classification and salary range for the Traffic Maintenance Supervisor.

Contact: Nicki Spillane, Human Resources, 981-6800

27.  Purchase: Hewlett-Packard Public Safety Computer (PDF, 397 KB)

From: City Manager

Recommendation:  Adopt a Resolution finding that no reasonable alternative exists under the Berkeley Nuclear Free Act, and authorizing the City Manager to purchase a Hewlett Packard Alpha Computer for the City’s Public Safety systems for a total amount not to exceed $76,000.

Contact: Chris Mead, Information Technology, 981-6500

28.  Contract: Summer Food Service Program (PDF, 215 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a reimbursement application to the California State Department of Education, Child Nutrition Services Division, in an amount not to exceed $94,000 for a Summer Food Service Program for children, and to execute any resultant agreements and amendments for the period of June 23, 2003 to October 10, 2003.

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

29.  Zoning for Municipal Animal Shelter (PDF, 213 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Sections 23E.72.030, 23E.76.030 and 23E.80.030 of the Berkeley Municipal Code (BMC) for the purpose of permitting a Municipal Animal Shelter in the Mixed Use-Light Industrial, Mixed Use-Manufacturing and Manufacturing zoning districts and adding a definition to Section 23F.04.010 for a Municipal Animal Shelter.

Contact: Carol Barrett, Planning, 981-7400

30.  Purchase: Computerized Fingerprinting (PDF, 223 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) increasing a purchase order by $35,000 for a total amount not to exceed $40,000 to the State of California Department of Justice for computerized fingerprinting; and 2) establishing an annual purchase order in an amount not to exceed $60,000 to continue use of the State of California’s computerized fingerprinting system for seven years, FY2004-2010.

Contact: Roy Meisner, Police, 981-5900

31.  Contract: Elevator Modernization and Maintenance (PDF, 516 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and specifications for elevator modernization and maintenance; accepting the bid of Thyssen Krupp Elevator; and authorizing the City Manager to execute two contracts and any amendments, extensions or other change orders for: 1) elevator modernizations in an amount not to exceed $287,721 and 2) a 5-year maintenance contract in an amount not to exceed $193,000.

Contact: Rene Cardinaux, Public Works, 981-6300

32.  Contract: Bridget Transitional House Renovation (PDF, 271 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Bridget Transitional House Renovation; 2) accepting the bid of Solid Builders, Inc.; 3) waiving all permit fees in the amount of $11,585; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $285,000.

Contact: Rene Cardinaux, Public Works, 981-6300

33.  Contract: Relocation and Furniture Services for Tenant Improvement Work at 1947 Center Street (PDF, 302 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Cor-O-Van for all necessary relocation and furniture refurbishment, supply, and installation services for the tenant improvement work for 1947 Center Street, and associated temporary relocations, in an amount not to exceed $1,000,000 for the period between May 13, 2003 and September 1, 2005.

Contact: Rene Cardinaux, Public Works, 981-6300

34.  Contract: Sanitary Sewer Project (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at San Pablo Avenue; 2) accepting the bid of Harty Pipelines, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $542,556 for the period of 190 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

35.  Contract: Seventh Street Improvements (PDF, 347 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Seventh Street Improvements Project; 2) accepting the bid of Ray’s Electric; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,036,195 for a period of 150 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

36.  Contract: Public Safety Building Phase II, Construction of Secure Parking Lot  (PDF, 223 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Permco Engineering for an additional $10,000 for a new total not to exceed $90,000 for the purposes of providing for all the necessary technical support and a timely completion of construction of a secure parking lot for police and fire vehicles.

Contact: Rene Cardinaux, Public Works, 981-6300

37.  Contract: Sewer Rehabilitation Project (PDF, 354 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Gold Wing Engineering for a sanitary sewer rehabilitation project, to increase the amount by $73,000 for a total amount not to exceed $1,429,090 and extending the term by 60 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

38.  Appointments to Regional Bodies, Committees and Commissions; Appointment of Vice Mayor (PDF, 92 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution appointing councilmembers to regional boards, committees and commissions and appointing Councilmember Shirek as Vice Mayor, with all terms expiring January 1, 2005.

Contact: Tom Bates, Mayor, 981-7100

39.  AB 204 – The Transportation Fund for Clean Water (PDF, 125 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution supporting Assembly Bill 204 (Nation) to authorize a water quality mitigation fee of up to $4 per vehicle per year to be assessed in Bay Area counties that choose to participate in the program; and 2) directing the City Clerk to write a letter to Assemblyman Joe Nation indicating the City of Berkeley’s support for the legislation.

Contact: Tom Bates, Mayor, 981-7100

40.  Amendments to Berkeley Election Process (PDF, 150 KB)

From: Mayor Bates and Councilmembers Worthington and Wozniak

Recommendation:  Request that the City Manager and City Clerk explore possible changes to the City’s election process and report back with recommendations for action.

Contact: Tom Bates, Mayor, 981-7100, Kriss Worthington, Councilmember District 7, 981-7170 and Gordon Wozniak, Councilmember District 8, 981-7180

41.  Fee Waiver: Berkeley/Albany YMCA 100th Anniversary Event, July 19, 2003 (PDF, 70 KB)

From: Councilmember Breland

Recommendation:  Adopt a Resolution to waive the fees for the Berkeley/Albany YMCA 100th Anniversary Event, YMCA Day, to be held on July 19, 2003. 

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

42.  Fee Waiver: Chocolate and Chalk Art Festival (PDF, 242 KB)

From: Councilmember Hawley

Recommendation:  Adopt a Resolution cosponsoring with the Solano Avenue Association the Chocolate and Chalk Arts Festival to be held on Solano Avenue during Memorial Day weekend, May 24 and 25, 2003, and waiving all related event and sound permit fees.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

43.  Presentation by Civic Arts Commission  (PDF, 80 KB)

From: Councilmember Hawley

Recommendation:  Approve scheduling a 15 to 20 minute presentation by the Civic Arts Commission on June 10, 2003, to present information on the economic impact of the arts in Berkeley, a summary of the art organizations applying for Civic Arts Grants, and new and prospective public art installations.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

44.  Exemption for Transfers Between Spouses and Domestic Partners to Create Joint Tenancies and Tenancies in Common (PDF, 146 KB)

From: Councilmembers Maio and Worthington

Recommendation:  Amend Section 7.52.060.F of the Berkeley Municipal Code (BMC), adding an Exemption for Transfers Between Spouses and Domestic Partners to Create Joint Tenancies and Tenancies in Common.

Contact: Linda Maio, Councilmember, District 1, 981-7110 and Kriss Worthington, Councilmember District 7, 981-7170

45.  Support AB 377 to Ban ‘Whistle Tips’ in Automobiles (PDF, 87 KB)

From: Councilmember Olds

Recommendation:  Send a letter of support for AB 377, to ban “whistle tips” in automobiles to the California Assembly Appropriations Committee.

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

46.  Bicycle Penalty Violation for Riding on Sidewalk (PDF, 302 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager, Transportation Commission, and the Commission’s Bicycle Subcommittee to change the bicycle penalty violation for riding on the sidewalk from misdemeanor to infraction of a low, flat rate ticket that does not become a misdemeanor; and explore the possibility of an educational campaign on these changes.

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

47.  Opposition to Patriot Act II (PDF, 223 KB)

From: Councilmember Worthington

Recommendation:  Support sending letters to U.S. Representative Barbara Lee, U.S. Senator Barbara Boxer, and U.S. Senator Diane Feinstein to oppose the following parts or any similar ideas added to the Patriot Act II: the Domestic Security Enhancement Act of 2003 which trample our civil liberties and rights protected under our Constitution and Bill of Rights.

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

48.  Fee Waiver: Summer Noon Music in Downtown (PDF, 119 KB)

From:  Councilmember Spring

Recommendation:  Adopt a Resolution waiving sound and special event permit fees for noon music in the Downtown Park Plaza for June 5, 12, 19, 26 and July 3, 10, 17, 24, 31 and refer the Downtown Business Association’s request to hang a banner across Shattuck Avenue to promote the event to the City Manager.

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

49.  UC Funding of TRiP (PDF, 370 KB)

From:  Councilmember Spring

Recommendation:  Request the City Manager write a letter to UC Chancellor Berdahl urging him to continue its funding match with the City for TRiP at $224,550 a year.

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

50.  Fleet Vehicle Management Audit (PDF, 5 MB)

From: City Auditor

Recommendation: Request the City Manager report back on October 14, 2003, regarding the implementation status of each of the recommendations in the report, and to set a date for a follow up report if any recommendations remain unimplemented at that time.

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

51.  Appointment: Board of Library Trustees (PDF, 161 KB)

a.      From: Board of Library Trustees

Recommendation:  Adopt a Resolution approving the recommendation of the Board of Library Trustees to appoint Ms. Susan G. Kupfer for a four-year term ending May 13, 2007.

Contact: Jackie Griffin, Secretary, 981-6195

b.      From: City Manager

Recommendation:  The City Manager concurs with the content and recommendation of the Commission’s Report.

Contact: Jackie Griffin, Library, 981-6100

52.  Paratransit Service Window Pick-up Times (PDF, 227 KB)

a.      From: Commission on Disability and Commission on Aging

Recommendation:  Ask the City Manager to send a letter to the Presidents of the Board of Directors of AC Transit and BART asking them to direct staff to maintain the current service window for pick-ups at 20 minutes.

Contact: Paul Church, Secretary Commission on Disability, 981-6342 and Lisa Ploss, Secretary Commission on Aging, 981-5200

b.      From: City Manager

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

Contact: Rene Cardinaux, Public Works, 981-6300

53.  Appointment: Mental Health Commission (PDF, 182 KB)

a.      From: Mental Health Commission

Recommendation:  Adopt a Resolution reappointing Nancy Gagnon to the Mental Health Commission, Special Public Interest Category, for the term May 14, 2003 through June 21, 2005.

Contact: Harvey Tureck, Secretary, 981-5123

b.      From: City Manager

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

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

54.  Proclamation:  Mental Health Month

a.      From:  Mental Health Commission (PDF, 170 KB)

Recommendation:  Adopt a Resolution proclaiming May 2003 as Mental Health Month.

Contact:  Harvey Tureck, Secretary, 981-5123

b.      From: City Manager (PDF, 49 KB)

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

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

55.  Fee Waiver: Bay Area Shakespeare Festival Camp

a.      From: Parks and Recreation Commission (PDF, 251 KB)

Recommendation:  Adopt a Resolution waiving all fees for the use of the John Hinkel Park Amphitheatre for the Bay Area Shakespeare Camp for the following dates: June 16-June 27; June 30-July 11; July 14-July 25; and August 11-August 22 in exchange for three low income scholarships for each session, for a total of twelve scholarships.

Contact: Deborah Chernin, Secretary, 981-6715

b.      From: City Manager (PDF, 52 KB)

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

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

56.  Alameda County Computer Updates to Probation Condition Information (PDF, 695 KB)

a.      From: Police Review Commission

Recommendation:  Send a letter to the Alameda County Board of Supervisors requesting that computer records for the Alameda County Superior and/or Municipal Courts related to probation conditions be updated regularly and timely to ensure that accurate data regarding probation status and stipulation and stay away orders is available to police and other jurisdictions.

Contact: Barbara Attard, Secretary, 981-4950

b.      From: City Manager

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

Contact: Weldon Rucker, City Manager, 981-7000

 

Action Calendar - Appeals

57.  Appeal: 1936 Delaware Street

a.      From: City Manager

Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board’s approval of Use Permit #02-10000060, to add two dwellings by enlarging an existing single-family dwelling by raising it one story and by constructing a second two-story building, and dismissing the appeal.

Contact: Carol Barrett, Planning, 981-7400

b.      Appeal (PDF, 300 KB)

1.      Ted Kluger

c.       Communications (PDF, 9 MB)

1.      Jane and Ted Kluger (3)

2.      Patricia Hom

3.      David Levy, Morrison & Foerster

4.      Rena Rickles

58.  Appeal: 2628 Telegraph Avenue

a.      From: City Manager (PDF, 7 MB)

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board’s approval of Use Permit #02-10000020, to approve a Use Permit to allow a 4-story mixed-use infill building at 2628 Telegraph Avenue with 15 dwelling units and 1,577 square feet of commercial space for a total floor area of 15,686 square feet, and dismissing the appeal.

Contact: Carol Barrett, Planning, 981-7400

b.      Appeal (PDF, 2 MB)

1.      Robin Myren, Attorney on behalf of Dr. Thomas Stern

c.       Communications

1.   Cox, Padmore, Skolnik & Shakarchy
Part 1  (PDF, 5 MB)   |   Part 2  (PDF, 9 MB)

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. 

 

Action Calendar – Old Business

59.  Allocation of Funds for the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Programs, and Information on the Community Services Block Grant (CSBG)/General Fund (GF) Anti-Poverty Program; and the Measure O/General Fund Homeless Services Program

a.      From: City Manager (PDF, 6.6 MB) (May 6, 2003 Report)

Recommendation:  Adopt a Resolution 1) approving proposals for funding under the Fiscal Year 2003-2004 Community Development Block Grant (CDBG) program and the Emergency Shelter Grant (ESG) program; 2) authorizing the City Manager to submit the Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and Home Program Funding; 3) to execute the resultant agreements for the FY 2003-2004 CDBG and ESG funds with conditional two-year contracts for CDBG community agencies’ projects in the public services category; and 4) instituting a new invoicing/reporting process for community contracts.

Contact: Stephen Barton, Housing, 981-5400

b.      From: Housing Advisory Commission (PDF, 678 KB) (May 6, 2003 Report)

Recommendation:  Approve the Housing Advisory Commission funding recommendations for FY 2003-2004 CDBG, ESG Program, the Homeless Prevention Program, and the Consolidated Plan Annual Action Plan as contained in the City Manager’s report of May 6, 2003.
Contact: Oscar Sung, Secretary, 981-5410

c.       From:  Human Welfare and Community Action Commission (PDF, 1 MB) (May 6, 2003 Report)

Recommendation:  Approve the City Manager’s recommendations regarding funding to community agencies providing services to the poor.

Contact:  Marianne Graham, Secretary, 981-5416

d.      From:  Homeless Commission (PDF, 1 MB) (May 6, 2003 Report)

Recommendation:  Approve the City Manager’s recommendations regarding funding to community agencies providing homeless services with the following exceptions:  1) Allocate funds to the Berkeley Food and Housing Project in the amount of $479,407; 2) Allocate funds to Building Opportunities for Self-Sufficiency (BOSS) in the amount of $368,104;
3) Allocate funds to Jobs Consortium in the amount of $19,387; and 4) Allocate funds to New Bridge in the amount of $92,992.
Contact:  Jane Micallef, Secretary, 981-5426

60.  Bancroft and Telegraph Food Cart Vendors

a.      From: Councilmember Worthington (PDF, 58 KB) (Held over by Worthington from April 8, 2003)

Recommendation:  Support retaining two existing Bancroft and Telegraph food cart vendors until end of year.

Contact: Kriss Worthington, District 7, 981-7170

b.      From: City Manager (PDF, 339 KB)

Recommendation:  Adopt a first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 9.49.055 relating to food vending on sidewalks.

Contact: Fran David, Finance, 981-7300


Action Calendar – New Business

61.  Contract:  City Parking Garages and Parking Lots (PDF, 375 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,873-N.S. to extend the agreement with AMPCO System Parking through August 31, 2003 and authorizing payment in an amount not to exceed $442,000 for a period April 2, 2003 through August 31, 2003.

Contact: Fran David, Finance, 981-7300; Peter Hillier, Transportation, 981-7000

62.  Engineering Oversight for I-80 Sound Barrier Project (PDF, 299 KB)

From: City Manager

Recommendation:  Adopt a Resolution allocating up to $20,000 to provide staff oversight and management for an engineering consultant contract to prepare a Caltrans-required Type Selection Report for the I-80 Sound Barrier at Aquatic Park.

Contact: Rene Cardinaux, Public Works, 981-6300

63.  Residential Permit Parking One-Day Permits (PDF, 191 KB)

From: Councilmember Spring

Recommendation:  1) Allow up to 20 “wild-card” one day residential parking permits to be purchases in advance on an annual basis; 2) allow residents to purchase one day and 14 day permits by mail at any time.

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

64.  Amendment to Creeks Ordinance

a.      From: Councilmembers Hawley and Olds (PDF, 753 KB)

Recommendation:  Request that the City Attorney revisit the definition of “creeks” in Section 17.08.030 of the Berkeley Municipal Code (BMC); and reconsider the recently adopted change in the ordinance in order to provide for broader staff input and a more public process.

Contact: Miriam Hawley, Councilmember District 5, 981-7150 and Betty Olds, Councilmember District 6, 981-7160

b.      From: City Manager (PDF, 447 KB)

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) section 17.08.050 to allow for the development of an addition to a single-family home within the 30 foot required setback where the home is located over a culverted creek through the issuance of a use permit if specified findings are made.

Contact: Manuela Alburquerque, City Attorney, 981-6950

65.  Green Building Program

a.      From: Community Environmental Advisory Commission (PDF, 619 KB)

Recommendation:  Instruct the City Manager to adopt a Green Building Policy that requires the City to:  1) develop Green Building standards and requirements; 2) evaluate a Green Building Policy within one year; 3) fully fund the Green Building Coordinator position to develop the Program during FY 2003-2004; 4) encourage Leadership in Energy and Environmental Design (LEED) certification for private sector projects; and 5) require that all new construction over 5000 square feet meet, at minimum, the “LEED Silver” rating.

Contact: Nabil Al-Hadithy, 981-7461

b.      From: City Manager (PDF, 384 KB)

Recommendation:  Encourage certification of City owned and operated construction projects to LEED Silver rating under the LEED Rating System or similar standard, where economically feasible.  The City Manager will provide an implementation program by end of the calendar year and an evaluation of the Green Building Policy within two years.  The City Manager’s proposed budget includes funding for the Green Building Program contingent upon approval of the increases in the Refuse and Permit Service Center funds.

Contact: Carol Barrett, Planning, 981-7400

 

Information Reports

66.  Status Report: “Grow Your Business” (PDF, 450 KB)

From: City Manager

Contact: Tom Myers, Economic Development, 981-7530

67.  Formal Bid Solicitations and Request for Proposals  (PDF, 562 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

68.  Noise Regulations for Automobile Sound Systems (PDF, 144 KB) (CF 181-02)

From: City Manager

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

69.  Certification of Berkeley’s Housing Element  (PDF, 480 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

70.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration at 2300 Shattuck Avenue and 2334 Shattuck Avenue (PDF, 1 MB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

71.  Landmarks Preservation Commission Notice of Decision: Landmark Designations at 2119 Addison Street and 2231 Shattuck Avenue (PDF, 744 KB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

72.  Landmarks Preservation Commission Notice of Decision: Landmark Designations at 1 Maybeck Twin Drive, 1418-1420 Spruce Street and 2601 Hillegass Avenue (PDF, 981 KB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

73.  Guidelines for Installation of Audible Pedestrian Signals (PDF, 633 KB) (CF 167-02)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

74.  Business License Tax Program Audit Reports for FY 2002 and First Three Quarters of FY 2003 (PDF, 1 MB)

From: City Auditor

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

75.  One-Day Parking Permits for Seniors at North Berkeley Senior Center (PDF, 178 KB)

From: Commission on Aging

Contact: Lisa Ploss, Secretary, 981-5200

76.  Hill Fire Station, 3000 Shasta Road (PDF, 127 KB)

From: Fire Safety Commission

Contact: David Orth, Secretary, 981-5502

77.  Commendation to Police Department (PDF, 173 KB)

From: Police Review Commission

Contact: Barbara Attard, Secretary, 981-4950

78.  Marijuana Training for Police Officers (PDF, 249 KB)

From: Police Review Commission

Contact: Barbara Attard, Secretary, 981-4950

79.  Recognition to Police Department for improved relations with Critical Mass (PDF, 165 KB)

From: Police Review Commission

Contact: Barbara Attard, Secretary, 981-4950

 

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.

Village of Berkeley, IL Commemorates 125th Anniversary of Berkeley, CA

1.      Michael A. Esposito, Village President

Mayor’s Task Force on Permitting

2.      Howie Muir

Leasing Space to the Catholic Worker

3.      Maris1000@***.com

Parking on West Side of San Pablo, Between Delaware & University

4.      Carol Denney

Dangerous Bus Stops

5.      Howie Muir

Misrepresentation of Corporation Yard Landmarks

6.      L A Wood

2501 Benvenue

7.      Sharon Hudson, Benvenue Neighbors Association

8.      Sharon Hudson, letter from Carrie Olson

Lawrence Berkeley National Laboratory

9.      Charles V. Shank

Bus Rapid Transit on Telegraph Avenue

10.  Charles Siegel

Disposal of Batteries

11.  Roselyn B. Rosenfeld

Housing Inspection Fee

12.  Theodore R. Edlin

Carol Barrett is OK, Berkeley’s Process is Not

13.  Richard Register

Resolution No. 61,965-N.S., Supporting World Health Organization and Framework Convention on Tobacco Control

14.  Ruben Barrales, Deputy Assistant to the President and Director of Intergovernmental Affairs, The White House

Funding for Schools

15.  Jennifer Bates

Destruction of the John Doyle House

16.  Richard Wesell


Adjournment