Regular Meeting eAgenda
June 17
, 2003

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 17, 20037:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:

Ceremonial Matters: 

1.  Proclamation declaring June 17, 2003 as Charlie Betcher Appreciation Day.

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 carried over to the next regular meeting.

1.      Supplementary Retirement and Income Plan I and II (PDF, 4 MB) (First reading 6/10/03 – Unanimous)

From: City Manager

Recommendation:  1) Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.36 (Supplementary Retirement and Income Plan I) to make technical changes to bring the plan into compliance with the Internal Revenue Code (IRC) and other Federal laws, rules and regulations; and repealing Ordinance No. 5864-N.S. and all amendatory ordinances; and 2) adopt second reading of an Ordinance to repealing and reenacting Berkeley Municipal Code (BMC) Chapter 4.38 (Supplementary Retirement and Income Plan II) to make technical changes to bring the plan into compliance with the IRC and other Federal laws, rules and regulations and repealing Ordinance No. 5865-N.S. and all amendatory ordinances.

Contact: Nicki Spillane, Human Resources, 981-6800

2.      Contract: Pre-Apprenticeship Construction Training (PDF, 243 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contract with the Oakland Private Industry Council for pre-apprenticeship construction training to be provided by the Cypress Mandela/Women in Skilled Trades Program to increase the amount by $42,000 for a total not to exceed $84,000 and to extend the term to June 30, 2004.

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

3.      Contract:  3404 King Street - Ownership Transfer of Youth House (PDF, 346 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement with Building Opportunities for Self Sufficiency (BOSS) and Fred Finch Youth Center (FFYC) concerning an assignment of rights to the property at 3404 King Street, as assumption of the loan made to BOSS, amending the loan agreement to reduce the number of youth housed from 15 to 12, and allocating up to $15,000 from the Housing Trust Fund (HTF) for escrow fees and closing costs.

Contact: Stephen Barton, Housing, 981-5400

4.      Contract: 1947 Center Street Janitorial Services (PDF, 272 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Twin III Building Maintenance Company for performance of janitorial services at 1947 Center Street for the period of July 1, 2003 through December 31, 2004 in an amount not to exceed $63,000; and approve an option to extend the contract for four additional one-year periods up to a maximum of five and one-half years at the City’s discretion.

Contact: Rene Cardinaux, Public Works, 981-6300

5.      Contract: Design of Underground Supporting Structure (PDF, 828 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pacific Gas and Electric Company (PG&E) in an amount not to exceed $50,000 to provide engineering services for design of the underground support structure for the Thousand Oaks Heights Applicant Financed Utility Underground District No. 1, for a design period of no more than 90 days from the notice to proceed.

Contact: Rene Cardinaux, Public Works, 981-6300

6.      Purchase: Three Front Loader Refuse Trucks (PDF, 185 KB)

From: City Manager

Recommendation:  Adopt a Resolution accepting the City of Brentwood’s bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing a purchase order to Oakland Truck Center in an amount not to exceed $512,710 for the purchase of three new Autocar Xpeditor Truck Chassis with Witke Front Loader Body.

Contact: Rene Cardinaux, Public Works, 981-6300

7.      Purchase: Waste Handler Loader (PDF, 251 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of a John Deere 644H Waste Handler Loader utilizing the California Master Agreement Schedule and authorizing a purchase order to Nortrax West Company in an amount not to exceed $225,731.

Contact: Rene Cardinaux, Public Works, 981-6300

8.      Budget Referral: Coalition for Alternatives in Mental Health (PDF, 55 KB)

From: Councilmember Breland and Vice Mayor Shirek

Recommendation:  Refer to the budget process an additional $13,500 for the Coalition for Alternatives in Mental Health, as given to them in 2003.

Contact: Margaret Breland, Councilmember District 2, 981-7120; Maudelle Shirek, Councilmember District 3, 981-7130

9.      Budget Referral: West Berkeley Mini Van Driver and Mini Bus (PDF, 67 KB)

From: Councilmember Breland

Recommendation:  Refer to the budget process the Mini Bus Driver position and the Mini Bus that serves residents who travel to and from the West Berkeley Senior Center.

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

10.  Recognition of Berkeley High School Photography Contest Winner (PDF, 61 KB)

From: Councilmember Breland

Recommendation:  Recognize and commend Berkeley High School student, Allison Roberts, winner of the New York Time Photo Competition.

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

11.  Salute to Youth Commissioners (PDF, 57 KB)

From: Councilmember Breland

Recommendation:  Adopt a Resolution saluting Youth Commissioners to be presented June 24, 2003.

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

12.  U.S. Reductions in Carbon Emissions (PDF, 539 KB)

From: Councilmember Maio

Recommendation:  Adopt a Resolution sponsoring or supporting legislation calling for a national policy that targets U.S. reductions in carbon emissions of 60 percent from 1990 levels by the year 2050, and promotes through funding incentives and other means a nationwide mobilization of renewable energy resources and an accelerated expansion of use in homes, businesses and buildings of energy efficient technologies and products.

Contact: Linda Maio, Councilmember District 1, 981-7110

13.  Budget Referral and Fee Waiver: Front Row Festival (PDF, 229 KB)

From:  Councilmember Spring

Recommendation:  1) Adopt a Resolution waiving the permit fees for the Front Row Festival to be held August 24, 2003; 2) referring the request by the Downtown Berkeley Association (DBA) for $5,000 to fund the Grand Opening of this event to the budget process, and 3) referring the request to hang banners to the City Manager so that the DBA can be apprised of the City Attorney’s position on this request.

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

14.  3045 Shattuck Avenue Review and Possible Modification (PDF, 411 KB)

From:  Councilmember Spring

Recommendation:  Refer to the Planning Commission for review and possible modification of the 3,000 square foot addition by right at 3045 Shattuck Avenue in areas zoned for mixed-use.

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

15.  Naming Post Office in Honor of Vice Mayor Shirek (PDF, 113 KB)

From:  Mayor Bates

Recommendation:  Adopt a Resolution requesting the downtown Berkeley Post Office be designated the “Maudelle Shirek Post Office Building”.

Contact:  Tom Bates, Mayor, 981-7100

16.  Restaurant and Food Service Quota System (PDF, 82 KB)

From: Councilmembers Worthington and Olds

Recommendation:  Refer to the City Manager and Planning Commission requests from Northside Commercial District Businesses to establish restaurants and food service quota system similar to that existing on Solano, College and Telegraph.

Contact: Kriss Worthington, Councilmember District 7, 981-7170; Betty Olds, Councilmember District 6, 981-7160

17.  Suitcase Clinic Storage (PDF, 436 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager the Suitcase Clinic’s Storage Proposal.

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

 

Action Calendar – Public Hearing

18.  North Shattuck Business Improvement District (PDF, 573 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution: 1) confirming the Annual Report on the North Shattuck Business Improvement District for Fiscal Year 2003; and 2) levying assessments in the District for Fiscal Year 2004.

Contact: Tom Myers, Economic Development, 981-7530

19.  Appeal: 1936 Delaware Street

a.      City Manager Supplemental Report (PDF, 256 KB)

Recommendation:  Grant the request of the applicant and appellant to continue the public hearing, without taking testimony, to July 8, 2003, and waive Council rules to schedule a public hearing on a non-public hearing night.

Contact:  Phil Kamlarz, Planning, 981-7400

b.      Communications (PDF, 2 MB)

1.  Ted Kluger (2)

2.  David C. Levy, Morrison & Foerster LLP (2)

3.  Sydney Turnshek

20.  Appeal:  1600 Shattuck Avenue

a.      From: City Manager  (PDF, 414 KB)

Recommendation:  Open the public hearing, allow each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until July 15, 2003 to allow completion of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Phil Kamlarz, Planning, 981-7400

b.      Communications  (PDF, 2 MB)

1.  Frances Strassman (2)

2.  Shahram Shahruz (10)

3.  Appellants: Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe

4.  Libby Kelley

5.  Jon-Erik Beckjord

6.  L.G.

7.  Carol Suveda

8.  Marsha Hiller

9.  Vida Bateau

21.  Fiscal Year 2004 – Fiscal Year 2005 Biennial Budget (HTML, opens in a new browser window)

From:  City Manager

Recommendation:  Conduct the second of two public hearings (first one held May 20, 2003) on the FY 2004-FY 2005 Biennial Budget as proposed by the City Manager.

Contact:  Weldon Rucker, City Manager, 981-7000

22.  Residential Preferential Parking  (PDF, 7 MB)

From: City Manager

Recommendation:  Conduct a Public Hearing and upon conclusion, 1) adopt a Resolution approving fee increases for the Residential Preferential Parking Program and rescinding Resolution No. 54,657-N.S. and all its amendments; 2) adopt a Resolution establishing a policy that parking is a limited and finite resource; 3) approve the associated RPP work program and schedules; and 4) approve the policy and program directions as presented in this report; and 5) adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 14.72.

Contacts:  Fran David, Finance, 981-7300 and Peter Hillier, Transportation, 981-7000

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

23.  Parking Citation Increases (PDF, 282 KB)  (held over from 6/10/03 – new report to be delivered)

From: City Manager

Recommendation:  Adopt a Resolution 1) increasing all parking citations except disabled and bus zones effective July 1, 2003 by up to 40%; 2) readopting fines for parking violations and late payment penalties; and 3) rescinding Resolution No. 61,789-N.S.

Contact:  Peter Hillier, Transportation, 981-7000

24.  Status Report on 3045 Shattuck Avenue (PDF, 270 KB) (to be delivered)

From:  City Manager

Contact:  Phil Kamlarz, Planning, 981-7400

 

Information Reports

25.  Disposal and Sale of City Owned Residential Lots at 2114 and 2140 McKinley Street (PDF, 279 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

26.  Grant: Tuberculosis Control and Prevention Services (PDF, 124 KB)

From: City Manager

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

 

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.

Taskforce

1.      Frances Strassman

Habitot Children’s Museum

2.      Lara Gilman

3.      Alison Mankin

Improving City Planning

4.      Stephen M. Wheeler

AC Transit Youth Bus Pass

5.      Youth Transportation Coalition

Media Deregulation

6.      Brian Scott, letter from Wendy Wendlandt

749 Contra Costa Avenue

7.      Mark Nicas

1950 Martin Luther King Jr. Way

8.      Stephen Wollmer

Current Situation in Iraq

9.      Barbara Boxer

Marie Bowman, Housing Advisory Commission

10.  Ali Kashani

 

Adjournment