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Regular
Meeting eSummary |
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Click on the linked agenda item titles below for background materials/reports. Note:
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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 17, 2002
Preliminary Matters
Roll Call:
7:00 p.m. – All present
Comments from the City Manager:
Beginning with the storms of Friday, December 13 through Tuesday, December 17, Public Works responded to over 195 storm calls, and Parks responded to over 110 storm calls.
On Friday, December 20, the Police Department will assemble “Turkey Baskets” to give to needy families in the area. On Saturday, December 21, the Toys 4 Tots program will be completed. Both events will be held at the Public Safety Building.
Comments from the Public: 10 speakers
Consent Calendar
Action: Moved, seconded, carried (Worthington/Breland) to adopt the Consent Calendar in one motion except as indicated:
1. Hills Fire Station – 3000 Shasta Road
From: City Manager (First vote: Abstain -Worthington; Second vote: Abstain – Spring, 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
Action: Adopted Ordinance Nos. 6723-N.S. and 6724-N.S.
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
Action: Adopted Resolution Nos. 61,869-N.S. and 61,870-N.S.
c. Status Report on Measure G Funds (PDF, 125 KB)
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 981-7006
Action: Received and filed.
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
Action: Adopted Ordinance No. 6725-N.S.
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
Action: Adopted Resolution No. 61,871-N.S.
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
Action: Adopted Resolution No. 61,872-N.S.
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
Action: Adopted Resolution No. 61,873-N.S.
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
Action: Adopted Resolution No. 61,874-N.S.
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
Action: Adopted Resolution No. 61,875-N.S.
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
Action: Adopted Resolution No. 61,876-N.S.
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
Action: Adopted Resolution No. 61,877-N.S.
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
Action: Adopted Resolution No. 61,878-N.S.
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
Action: Adopted Resolution No. 61,879-N.S.
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
Action: Adopted Resolution No. 61,880-N.S.
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
Action: Adopted Resolution No. 61,881-N.S.
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
Action: Adopted Resolution No. 61,882-N.S.
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
Action: Adopted Resolution Nos. 61,883-N.S. and 61,884-N.S.
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
Action: Adopted Resolution No. 61,885-N.S.
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
Action: Adopted Resolution No. 61,886-N.S.
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
Action: Adopted Resolution No. 61,887-N.S.
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
Action: Adopted Resolution No. 61,888-N.S.
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
Action: Adopted Resolution No. 61,889-N.S.
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
Action: Adopted Resolution No. 61,890-N.S.
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
Action: Adopted Resolution No. 61,891-N.S.
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
Action: Adopted Resolution No. 61,892-N.S.
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
Action: Removed from Consent Calendar by Councilmember Wozniak and held over to January 14, 2003.
25. Funding of Ed Roberts Campus (PDF, 409 KB)
From: Councilmembers Spring and Breland, and Mayor Bates
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
Action: Approved recommendation.
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
Action: Approved recommendation as revised by Councilmember Breland to report on the feasibility in six months.
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: Adopted Resolution No. 61,893-N.S.
Action Calendar – Presentations
28. Presentation on “Street Smarts,” a proposed Regional Pedestrian Safety Awareness Campaign
Contact: Dona Spring, Councilmember District 4, 981-7140
Action: Held over to January 14, 2003.
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
Public Testimony: The Mayor opened the public hearing. 2 speakers. Moved, seconded, carried (Maio/Worthington; Absent - Spring) to close the public hearing.
Action: Moved, seconded, carried (Maio/Worthington; Absent - Spring) to adopt Resolution No. 61,894-N.S.
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: