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SUMMARY BERKELEY
CITY COUNCIL REGULAR MEETING TUESDAY,
MAY 28, 2002 Preliminary Matters
Roll Call: 7:07 p.m. – Absent - Breland
Ceremonial Matters: Proclamation in honor of Affordable Housing Week. Action: Proclamation presented.
Comments from the City Manager:
Comments
from the Public: 17
Speakers Several councilmembers requested the City Manager
provide an information report to Council regarding issues raised related
to contracting out janitorial services to non-union workers at the Library
and janitorial services at 1947 Center Street. Consent Calendar Action: Moved, seconded, carried (Worthington/Maio; Absent-Breland) to adopt the Consent Calendar in one motion except as indicated:
Easement:
725 Potter Street (first reading May 21, 2002 – unanimous)
From:
City Manager
Recommendation:
Adopt second reading of an Ordinance authorizing the City
Manager to accept an easement for a fire hydrant and fire apparatus
access between parcels at 725 Potter Street and 700 Heinz Street. Contact:
Reginald Garcia, Fire Chief, 981-3473 Action:
Adopted Ordinance No. 6690–N.S.
Effective June 27, 2002
Sidewalk
Food Vending (first reading May
21, 2002 – Noes – Breland, Maio, Spring, Worthington)
From: City Manager Recommendation:
Adopt second reading of an Ordinance repealing
and reenacting Chapter 9.49 of the Berkeley Municipal Code regulating
Food Vending on Sidewalks and Rights-of-Way.
Contact: Fran David, Finance, 981-7300 Action:
Removed from Consent Calendar by Councilmember Worthington and
held over to the meeting of June 11, 2002.
Police
Department Administrative Fingerprinting Fees
(first reading May 21, 2002 – Unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance amending Berkeley Municipal
Code (BMC) Section 2.64.150 increasing the administrative fingerprinting
fee from $10 to $20. Contact: Dash Butler, Police Chief, 981-5700 Action:
Adopted Ordinance No. 6691–N.S.
Effective June 27, 2002
Minutes
for Approval Action:
Approved minutes Abolish
The Property Owners’ Council For The Telegraph Property And Business
Improvement District And The Advisory Board For The North Shattuck
Business Improvement District
From:
City Manager
Recommendation:
Adopt a Resolution abolishing the Property Owners’ Council for
the Telegraph Property and Business Improvement District, and the
Advisory Board for the North Shattuck Business Improvement District and
rescinding Resolution Nos. 59,493-N.S. and 61,068-N.S. Contact:
Tom Myers, Economic Development, 705-8180 Settlement
Agreement: Epstein v. City
of Berkeley From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County
Superior Court Action No. 833260-0 entitled Barbara Epstein v. City of
Berkeley in the amount of $70,000. Contact: Manuela Albuquerque, City Attorney, 981-6950 Action:
Adopted Resolution No.
61, 583-N.S.
Appropriations
Limit for Fiscal Year 2003
From:
City Manager Recommendation:
Adopt a Resolution providing notice that:
1) Council will adopt an appropriations limit for Fiscal Year
2003 at its meeting of June 25, 2002 and 2) the amount of the limit and
the background materials used in its calculation will be available for
public review in the City Clerk’s Office on or before June 10, 2002.
Contact:
Fran David, Finance, 981-7300 Action:
Adopted Resolution No.
61,584-N.S.
Contract:
Commercial Kitchen
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the Community Development Block Grant contract with
Berkeley Youth Alternatives (BYA) to extend the term to June 30, 2003
for development of a commercial kitchen. Contact:
Stephen Barton, Housing, 981-5400 Action:
Adopted Resolution No.
61,585-N.S.
Contract:
Rehabilitation Of 2418 8th Street For Transitional Housing For
Homeless Youth From: City Manager
Recommendation:
Adopt a Resolution: a) authorizing the City Manager to amend the
contract with Berkeley Ecumenical Ministries Foundation to reallocate
$45,000 in FY 2001-02 of Community Development Block grant funds for the
rehabilitation of the 2418 Eighth Street for use as a transitional
housing facility for homeless youth. Contact:
Stephen Barton, Housing, 981-5400 Action:
Adopted Resolution No.
61,586-N.S.
Replacement
Of Help Loan With Housing Trust Funds For Jubilee Senior Homes From: City Manager
Recommendation:
Adopt a Resolution approving the replacement of a loan from the
Housing Enabled by Local Partnerships (HELP) in the amount of $379,000
with a Housing Trust Fund loan and authorizing the City Manager to
execute any loan agreements and other amendments related to this loan. Contact:
Stephen Barton, Housing, 981-5400 Action:
Adopted Resolution No.
61,587-N.S.
Contract:
Shelter Improvements From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the Emergency Shelter Grant (ESG) contract with Building
Opportunities for Self-Sufficiency (BOSS) to extend the term of the
contract to June 30, 2003 for shelter improvements. Contact:
Stephen Barton, Housing, 981-5400 Action:
Adopted Resolution No.
61,588-N.S.
Salary
Increase For The Animal Control Officer and Senior Animal Control
Officer Classifications From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,798-N.S.,
Classification and Salary Resolution for S.E.I.U., Local 790 Employees,
to increase the salary range for the Animal Control Officer and Senior
Animal Control Officer classifications, to provide for an equity salary
increase. Contact: Ron Brown, Human Resources, 981-6800 Action:
Adopted Resolution No.
61,589-N.S.
Contract: Workers’ Compensation Insurance
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments and endorsements with Continental Casualty
Company for $195,411 to pay the insurance premium and brokerage
commission to Willis Insurance Services of California, Inc., for excess
workers’ compensation insurance for the period of May 1, 2002 through
May 1, 2003. Contact: Ron Brown, Human Resources, 981-6800 Action:
Adopted Resolution No.
61,590-N.S.
Establish
Records Manager Classification From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 60,051-N.S.,
Classification and Salary Resolution for Local One Employees, to
establish the classification of Records Manager. Contact: Ron Brown, Human Resources, 981-6800 Action:
Adopted Resolution No.
61,591-N.S.
Contract:
Emergency Sewer Replacement Projects I From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the
contract with McNamara and Smallman Construction, Inc. for emergency
sewer replacement and storm drain repair projects, by increasing the
amount by $194,000 and extending the contract time by 90 calendar days. Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No.
61,592-N.S.
Contract:
Emergency Sewer Replacement Projects II From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the
contract with J. Howard Engineering, Inc. for emergency sewer
replacement projects by increasing the amount by $178,000, and extending
the contract time by 90 calendar days. Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No.
61,593-N.S.
Street
Rehabilitation FY 2002 Phase 2 From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the
Street Rehabilitation FY 2002 Phase 2 Project; accepting the bid of Bay
Cities Paving & Grading, Inc.; and authorizing the City Manager to
execute a contract and any amendments in an amount not to exceed
$2,784,682, for a period of 120 calendar days. Contact:
Rene Cardinaux, Public Works, 981-6300 Action:
Adopted Resolution No.
61,594-N.S.
Solar
Power in Municipal Buildings
From: Councilmember Maio
Recommendation:
Request the City Manager look into seeking assistance from
Power Shift to utilize their tools in analyzing the prospects of
converting Berkeley’s municipal buildings to solar power. Contact:
Linda Maio, District 1, 981-7110 Action:
Approved recommendation.
University
Avenue Median Project
From: Mayor Dean
Recommendation:
Request
the City Manager to give the Council a brief verbal presentation this
evening regarding the landscaping plans for the University Avenue Median
and advise whether the Council needs to take any action at this time. Contact:
Shirley Dean, Mayor, 981-7100 Action:
Approved recommendation
and heard presentation.
International
Market Place/Food District
From: Mayor Dean
Recommendation:
Approve the concept of an International
Market Place/Food District around the University and San Pablo
intersection and request that the City Manager proceed with its
implementation, including notification to those affected by the
proposal, advising him to modify the district, as necessary and based
upon public input, and to proceed with a marketing plan in collaboration
with the Berkeley Convention and Visitors Bureau, Chamber of Commerce,
University Avenue Association and others as may be helpful. Contact:
Shirley Dean, Mayor, 981-7100 Action:
Removed from Consent
Calendar by Councilmember Maio. Moved,
seconded, carried (Maio/Spring; Absent-Breland) to commend the efforts
of staff and the founding merchants of the International Market
Place/Food Districts for the work that has been done.
Protest
Cuts in Governor’s Budget that Affect Youth and Children
From: Mayor Dean
Recommendation:
Send
a strongly worded letter to Governor Davis indicating our concern over
proposed cuts that affect youth and children, that the letter include
real life examples regarding impacts of these proposed cuts and that we
propose alternative revenue sources. Contact:
Shirley Dean, Mayor, 981-7100 Action:
Approved recommendation.
Prohibit
Overnight Parking on Lower University Avenue
From: Councilmember Olds
Recommendation:
Request the City Manager install “No Overnight Parking”
signs on lower University Avenue west of the freeway exchange. Contact:
Betty Olds, District 6, 981-7160 Action:
Approved recommendation.
Hypertension
Clinic
From: Vice Mayor Shirek
Recommendation:
Refer to the City Manager to plan and
implement a hypertension clinic and adult diabetic/nutritional program. Contact:
Maudelle Shirek, Vice Mayor, District 3, 981-7130 Action:
Approved recommendation.
Commission
Input on Ten-Year Review of Bayer Development Agreement From: Councilmember Spring
Recommendation:
Allow input from members of the Peace
and Justice Commission, Health Commission and Citizens’ Humane
Commission at the public presentation of the ten-year public review of
the Bayer Development Agreement. Contact:
Dona Spring, District 4, 981-7140 Action:
Removed from Consent
Calendar by Councilmember Olds and held over to the meeting of
June 11, 2002.
“Berkeley
Unplugged” Energy Conservation Contest From:
Berkeley Energy Commission Recommendation:
Adopt a Resolution to
honor the ten winners of the First Annual “Berkeley Unplugged”
Energy Conservation Contest.
Contact:
Neal De Snoo, Secretary, 981-5434
a.
City Manager Report
Recommendation:
The City Manager concurs with the content and recommendations of
the Berkeley Energy Commission. Contact:
Stephen Barton, Housing, 981-5400 Action:
Adopted Resolution No.
61,595-N.S.
Action
Calendar – Ballot Measures
b1. Charter Amendment To Extend Time To Redistrict After Decennial Census And Consolidating Council, Mayoral And Auditor Elections To Coincide With The Redistricting Cycles From: Councilmember Spring Recommendation: Add an amendment to the April 16, 2002 recommendation from Mayor Dean to change the effective date of redistricting by the Council requesting that the City Manager develop a charter amendment which would allow redistricting to occur up to two years after the decennial census if necessary; and in order to prevent bifurcation of the residents in new and future redistricting plans, align all the council district elections as well as the mayoral election in the year 2004. This charter amendment should be placed on the Nov. 2002 ballot to be effective at the next round of redistricting. The change would not affect the current adopted redistricting plan. Contact: Dona Spring,
District 4, 981-7140
b2. Redistricting - Revised Item from Councilmember Spring Recommendation: Postpone consideration of a charter amendment in response to the next decennial census count until 2004 when further solutions can be explored to deal with the problems of inaccurate census counts. Refer this agenda item’s recommendations and the Mayor’s agenda items recommendations on this topic to a future process. Contact: Dona Spring, District 4, 981-7140 Action: Held over to the meeting of June 11, 2002.
b3. Charter Amendment changing the effective date of Redistricting From: Mayor Dean Recommendation: Request the City Manager develop a charter amendment which would provide for redistricting two years after the decennial Census, with elections from the new districts to be held at the next general election following this revised redistricting process. This amendment should be placed on the November 2002 ballot to be effective at the next round of redistricting. The change would not effect the current redistricting. Contact: Shirley Dean, Mayor, 981-7100 Action: Held over to the meeting of June 11, 2002. c. Ballot Measure – Property Transfer Tax – Affordable Housing and Residential Seismic Safety Assistance From: City Manager Recommendation: If Council wishes to place a measure on the November 2002 ballot increasing the Property Transfer Tax by 0.25% for affordable housing and earthquake safety assistance, either approve the ballot text or give direction for any changes and further direction for the City Attorney to prepare a ballot title and financial analysis. Contact: Phil Kamlarz, Deputy City Manager, 981-7000 Action: Moved, seconded, carried (Worthington/Maio; Noes-Olds; Absent-Breland) to incorporate Council comments and direct staff to continue to refine the language of the measure for placement on the November 2002 ballot. From: Councilmember Spring Recommendation: Consider putting a bond measure on the November 2002 ballot as a way to assist in purchasing additional land near Aquatic Park for the following possible uses: playing fields for children, expansion of Aquatic Park and a new animal shelter. Contact: Dona Spring, District 4, 981-7140 Action: Held over to the meeting of June 11, 2002.
From: City Manager Recommendation: If Council wishes to place a bond measure on the November 2002 ballot for seismic retrofit and improved council chambers at Old City Hall, comment on the project scope and give direction to the City Manager and City Attorney to prepare ballot title and financial analysis. Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
f. Ballot Measure – Veterans Building Seismic Retrofit Bond Measure From: City Manager Recommendation: If Council wishes to place a bond measure on the November 2002 ballot for seismic retrofit and renovation of the Veterans Building, comment on project scope and give direction to the City Manager and City Attorney to prepare ballot title and financial analysis. Contact: Phil Kamlarz, Deputy City Manager, 981-7000 Action: Moved, seconded, carried (Armstrong/Hawley; Abstain-Spring; Absent-Breland) to not place a measure on the November 2002 ballot to retrofit the Veterans Building.
g. Ballot Measure – Warm Water Pool From: Councilmember Spring Recommendation: Direct the City Manager and City Attorney to draft ballot measure language for a bond measure to be spent on a new pool if the Berkeley Unified School District decides to replace the building that the warm water pool is currently located in; and consider if additional funds may be needed for this option. Contact: Dona Spring, District 4, 981-7140 Action: Moved, seconded, carried (Spring/Worthington; Abstain-Armstrong; Absent-Breland, Maio) to request that the City Manager work with the School District and determine whether a ballot measure is necessary to provide the flexibility needed to rehabilitate or to construct a new warm water pool facility at the present site, and if so to return to Council with ballot language. Action Calendar – FY 2003 Budget Discussion and Council Direction
Action Calendar – Old Business
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