AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JUNE 18, 2002

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.

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. Sewer Service Charges, Liens and Appeals (First Reading Vote – Unanimous)

   From:  City Manager

   Recommendation:  Adopt a second reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 17.04.010 and  17.04.015, sewer service charges, imposition of liens, and appeals.

   Contact:  Rene Cardinaux, Public Works, 981-6300

    

2. Donation From Bayer Corporation for the Fire Department

   From: City Manager

   Recommendation: Adopt a Resolution accepting a cash donation in the amount of $10,000 from Bayer Corporation to the Fire Department.

   Contact: Arrietta Chakos, City Manager 981-7000

    

3. Donation From Bayer Corporation for the Police Department

   From: City Manager

   Recommendation: Adopt a Resolution accepting a cash donation in the amount of $10,000 from Bayer Corporation to the Police Department.

   Contact: Arrietta Chakos, City Manager 981-7000
    

4. Grant-Bioterrorism and Disaster Preparedness

   From: City Manager

   Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $225,702 from the California State Department of Health Services for public health preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies for the period of February 19, 2002 to August 31, 2003; and to execute the resultant agreement and any amendments.

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

    

5. Contract: Reallocation of Adelante Community Development Block Grant

   From: City Manager

   Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Multicultural Institute for FY 2003 reallocating the $75,782 FY 2003 Community Development Block Grant (CDBG) funds previously allocated to Adelante Inc. for services to the Hispanic community.

   Contact: Stephen Barton, Housing, 981-5400

    

6. Grant:  Reallocation of COPS Funds (to be delivered)

   From: City Manager

   Recommendation: Adopt a Resolution reallocating $585,325 from prior years’ funding in State of California Citizens’ Option for Public Safety (COPS) grant funds from youth center programs to police equipment purchases and authorizing the City Manager to use the grant funds to purchase a mobile command vehicle, prisoner transportation van, optical imaging system, fingerprint comparison computer system, desktop computers and other police equipment and reallocating FY 2002 COPS funds of $208,000 from emergency equipment for purposes of a youth teen center.

   Contact:  Daschel E. Butler, Police Department, 981-5700

    

7. Contract: Construction Management Services for the Martin Luther King. Jr. Civic Center Building Project

   Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Swinerton Management & Consulting for construction management services  for the Martin Luther King, Jr. Civic Center Building project by increasing the contract  amount by $64,000 for a new contract total amount not to exceed $2,424,000.

   Contact: Rene Cardinaux, Public Works, 981-6300   

    

8. Contract: Storm Drain Sewer Improvements and Rehabilitation Project

   From: City Manager

   Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Storm Drain Sewer Improvements and Rehabilitation Project, located on various streets 2) accepting the bid of McNamara and Smallman Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $1,095,516 for the period of 160 calendar days from the notice to proceed.

   Contact: Rene Cardinaux, Public Works, 981-6300
    

9. Contract: Shingle Roofing, South Berkeley Senior Center

   From: City Manager

   Recommendation: Adopt a Resolution approving the plans and specifications for shingle roof replacement for the South Berkeley Senior Center at 2939 Ellis Street; accepting the bid of Enterprise Roofing Service, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $68,890.

   Contact: Rene Cardinaux, Public Works, 981-6300

    

10. Contract: Rest Room Renovation, Center Street Garage

    From: City Manager

    Recommendation: Adopt a Resolution approving the plans and specifications for rest room renovations at Center Street Garage at 2025 Center Street; accepting the bid of Younger-Wunar, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $73,956.

    Contact: Rene Cardinaux, Public Works, 981-6300

     

11. Overturning Structure of Merit Designation – 1102 Tenth Street

    From: City Manager

    Recommendation: Adopt a Resolution upholding the appeal of the designation of
    1102 Tenth Street as a City Structure of Merit, and overturning the designation by the landmarks preservation.

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

     

12. Solar Hot Water Heating at West Campus Pool

    From: Councilmember Maio

    Recommendation: Request the City Manager ask the Energy Officer to explore the possibility of using PV Solar Panels to heat West Campus pool.

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

     

13. Independence of East Timor

    From: Councilmember Worthington

    Recommendation: Adopt a Resolution supporting the Independence of East Timor.

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

     

14. Addressing the Threat of a Sudden Oak Death Epidemic

    From: Mayor Dean

    Recommendation: Refer to the City Manager, the Community Environmental Advisory Commission, and the Parks and Recreation Commission a request to evaluate and report back to the Council as soon as possible on measures the City might undertake to address the threat of Sudden Oak Death (SOD) epidemic in our community, and inform residents. Request the City Manager consider the formation of an advisory group consisting of staff, commission members, and forestry experts from a range of institutions operating in Berkeley, and consider mechanisms such as pamphlets, public informational meetings, and web site advisories to alert the community.

    Contact: Shirley Dean, Mayor, 981-7100
      

15. Fee Waivers: Berkeley Mount Zion Missionary Baptist Church Business Street Fair

    From: Mayor Dean

    Recommendation:  Adopt a Resolution waiving up to $746 in fees in conjunction with the August 24, 2002 Berkeley Mount Zion Missionary Baptist Church Business Street Fair.

    Contact: Shirley Dean, Mayor, 981-7100

     

16. Proclamation:  12^th Anniversary of the American with Disabilities Act (to be delivered)

    From: Mayor Dean

    Recommendation: Approve a proclamation honoring the Americans with Disabilities Act of 1990 (ADA) to be read at the meeting of June 25, 2002.

    Contact: Shirley Dean, Mayor, 981-7100
     

17. City Manager Compensation (to be delivered)

    From:  Mayor Dean, Vice Mayor Shirek and Councilmember Worthington

    Recommendation:  Adopt a Resolution providing the City Manager with: 1) a 4% cost-of-living adjustment retroactive to July 1, 2001; 2) a 4.16% equity increase effective upon adoption of this resolution; 3) an increase to the amount of accumulated unused sick leave which the City Manager can buy out at retirement from 38% to 50%; and 4) clarify that the current City Manager shall receive future cost-of-living increases that Council approves for unrepresented employees in Unit Z1(Confidential Executive and Management classifications) except any approved in 2002.
    Contacts:  Shirley Dean, Mayor, 981-7100; Maudelle Shirek, District 3, 981-7130, Kriss Worthington, District 7, 981-7170

18. Extend Residential Permit Parking

    From: City Manager

    Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution amending Sections 25E of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on both sides of Cedar Street between Martin Luther King, Jr. Way and Josephine Street and authorizing the use of $300 from the operating budget of the Public Works Department to cover implementation costs.

    Contact: Peter Hillier, Transportation, 981-7000

     

19. Landmarks Preservation Commission Appeals of Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project

    a.  Appeal filed by Brandt-Hawley & Zoia, on behalf of Friends of Civic Center Park and the Art Deco Society of California on the Landmarks Preservation Commission’s decision to certify the Final Environmental Impact Report (EIR) and approve the Structural Alteration Permit with conditions for the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project

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

    b.  Appeal filed by the City of Berkeley on the Landmarks Preservation Commission’s decision to approve the Structural Alteration Permit with conditions for the Martin Luther King Jr. Civic Center Park Repair and Rehabilitation Project

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

    c.  City Manager Report (April 23, 2002 Report)
    Recommendation:  Conduct a public hearing regarding the appeals of the Landmarks Preservation Commission’s Notice of Decision to certify the Final Environmental Impact Report and to approve the Structural Alteration Permit for this project and provide direction to the City Manager regarding the plan’s proposed removal of parking behind the Civic Center Building.

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

     

20. Fiscal Year 2003 Biennial Budget (to be delivered)

    From: City Manager

    Recommendation: Conduct a public hearing and upon conclusion, give the City Manager direction regarding any proposed amendments to the City Manager’s proposed budget.  The Council will adopt the FY 2003 budget on June 25, 2002.

    Contact:  Weldon Rucker, City Manager, 981-7000

     

21. Transfer of Cable Franchise 

    From: City Manager

    Recommendation: Conduct a public hearing and upon conclusion consider adopting a Resolution to deny “local consent” to the transfer of control of the AT&T cable franchise to AT&T Comcast.

    Contact: Phil Kamlarz, City Manager 981-7000

22. Starting Public Hearings Prior to 10:00 P.M.  (CF37-02)

    From: City Manager

    Contact: Sherry Kelly, City Clerk, 981-6900

     

23. California Natural Disaster Assistance Program (CALDAP)

    From:  City Manager

    Contact:  Grace Maguire, City Manager, 981-7008

     

24. Telecommunications Task Force Extension

    From: City Manager

    Contact: Phil Kamlarz, 981-7000

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

Page

1. Green Building Program

   1. Greg VanMechelen (2)

   2. Catherine Porter

   3. Debra Lombard

   4. George Dedekian

   5. Charlotte Shoemaker

   6. Mark Palmer, Green Building Coordinator, City and County of San Francisco

   7. Miriam Landman

   8. Geno Yun

   9. Gunnar Hubbard

   10. Michael Rogers

   11. Silver Hammer Construction

   12. Jo Carol Conover, Chairperson, United States Green Building Council, Northern California Chapter

   13. Stephen Martin, P.E.

   14. Davis Baltz

   15. Jeffrey Teel, AIA

   16. April Thompson

   17. Tom Lent (2)

   18. Steven Winkel, Berkeley Energy Commissioner

   19. Diane de Lara

   20. Steven Guttmann, P.E.

   21. Ann Leonard, Monica Wilson, Hope Hutman, Andre Carothers, Michelle Gerster

   22. Albert Horowitz

   23. John Shurtz

   24. Kevin Hydes, P.E. (2)

   25. Paul and Sandy Brumbaum

   26. Jeanne Rizzo

   27. Donald Simon

   28. Katherine Silberman, J.D.

   29. Michael Gabel

   30. Dennis and Connie McCullah

   31. Robert Malone

   32. Larry Rosenthal

   33. Ambrust

   34. Keith McDade

   35. Kathleen Smith

   36. Ed Gulick

   37. Kevin Powell

   38. Debbie Klein

   39. Devaki Chandra

   40. Dennis Kirby

   41. Gary Gerber

   42. Jim Harris

   43. Patricia McCarthy

   44. Lindsey Hill

   45. Arthur Young, APR

   46. Penn Phillips

   47. Kevin Brooks, P.E.

   48. Charlene Smith

   49. Susan Bassein

   50. Dan Harrington

   51. Heather Mitchell

   52. Stacy Raye

   53. Erin Kuo

   54. DSA Architects (six signatures)

    

2. Support for Berkeley Guides

   1. Ove Wittstock, Director, Berkeley Guides and RESPECT Program, and 136 signatures of businesses in the downtown shopping district

   2. David Manson, Executive Director, Berkeley Police Athletic League Boosters

       

3. Hearst Development

   1. Roslyn Fuerman

   2. Carole Schemmerling (with response from Mark Rhoades)

   3. David Wilson

   4. Ellen and Howard Ruiz-Harrison

   5. Rachel Peterson

    

4. Middle East Conflict(s)

   1. Dave Love

   2. Jake Berzon (2)

   3. Dean Sueck

    

5. Ferry System

   1. Charles Smith

    

6. Police Services

   1. Kevin Combs (2)

   2. Concerned Resident

   3. Stephanie Roeser

    

7. I-80 Bicycle Overcrossing

   1. Dave Campbell, Mark Abrahams, Hank Resnik, Bicycle-Friendly Berkeley Coalition

    

8. Identity Theft

   1. Anne Marselis (2)

    

9. Rental Housing Safety Certification and Inspection Ordinance

   1. Tamlyn Bright

   2. John DeClercq

    

10. Nuclear Dangers

    1. Leuren Moret

     

11. Peace Initiatives

    1. Leuren Moret

     

12. Trucking Issues

    1. Virginia Ivanich

     

13. Housing Authority Vacancy Nomination

    1. Earnest Darden, Former Section 8 Advisory Board Member