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TUESDAY,
JUNE 18, 2002 Preliminary
Matters Roll Call: 7:00 p.m. All
Present Comments
from the City Manager: Berkeley
Fire Department will conduct a Mutual Response Exercise with various
fire departments and the Department of Forestry in the Berkeley hills
on Saturday, June 22nd at 9:30 a.m. Berkeley
Fire Department in collaboration with Berkeley Fire Fighters
Association, Local 1227, and Berkeley Black Fire Fighters association
will pilot a Summer Youth Academy encouraging youth to consider a
career in fire prevention. Comments
from the Public: 12 speakers. Action:
Council requested that a copy of the Residential Parking Permit report be
forwarded to committee and to Mr. Fraser when it is ready and that the
City Manager have a sign posted in the Finance Customer Service Area
describing the Residential Parking Permit requirements and information
related to parking at broken parking meters. Consent
Calendar Action:
Moved, seconded, carried (Maio/Worthington) to adopt the Consent Calendar
in one motion except as indicated: 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 Action:
Adopted Ordinance No. 6,692. 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 Action: Adopted Resolution No. 61,622-N.S. 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 Action: Adopted Resolution No. 61,623-N.S. 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 Action: Adopted Resolution No. 61,624-N.S. 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 Action: Adopted Resolution No. 61,625-N.S. 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 Action:
Removed from Consent Calendar by Councilmember Hawley.
Moved, seconded, carried (Worthington/Breland; Absent –
Armstrong, Maio) to adopt Resolution Nos. 61,626-N.S., 61,635-N.S.,
61,636-N.S. and 61,637-N.S. 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 Action: Adopted Resolution No. 61,627 -N.S. 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 Action: Adopted Resolution No. 61,628-N.S. 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 Action: Adopted Resolution No. 61,629-N.S. 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 Action: Removed from the Consent Calendar by Councilmember Spring.
Held over to June 25, 2002. 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 Action:
Adopted Resolution No. 61,630-N.S. 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 Action: Approve recommendation. 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 Action: Adopted Resolution No. 61,631-N.S. (Noes – Olds;
Abstain-Armstrong) 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 Action:
Approve recommendation. 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 Action: Adopted Resolution No. 61,632 -N.S. Proclamation:
12th
Anniversary of the American with Disabilities Act (to be
delivered) From:
Mayor Dean and Councilmember Spring 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 Action:
Approve recommendation. Proclamation to be presented on June 25, 2002. 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%; 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; and 5) a salary
effective immediately of $168,567 with the foregoing increases. Action: Adopted Resolution No. 61,633-N.S. Public
Hearings 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 Public
Testimony: The Mayor
opened the public hearing. 2
speakers. Moved,
seconded, carried (Maio/Worthington) to close the public
hearing. Action:
Moved, seconded, carried (Spring/Maio) to adopt Resolution
No. 61,634-N.S. Landmarks
Preservation Commission Appeals
of Martin Luther King Jr. Civic Center Park Repair and Rehabilitation
Project a. 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 Public
Testimony: The
Mayor opened the public hearing. 12
Speakers. Moved, seconded,
carried (Maio/Hawley) to close the public hearing and hold the item over
for a decision on June 25, 2002. 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 Public
Testimony: The Mayor
opened the public hearing. 28
Speakers. Moved,
seconded, carried (Olds/Shirek; Absent – Armstrong, Maio) to close
the public hearing and adopt a budget at the meeting of June 25, 2002. 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 Public Testimony: The Mayor opened the public hearing. 3 Speakers. Moved, seconded, carried (Maio/Worthington; Absent – Armstrong) to close the public hearing and hold the item over for a decision on June 25, 2002. Information
Reports
Communications Action:
The following communications were read, noted, and filed, unless
otherwise noted:
There is a gap in numbering between 14 to 25 Supplemental Communications and Agenda Reports Home
at Last Animal Rescue
Green
Building Program
Adjournment Action: Moved, seconded, carried (Armstrong/Olds) to suspend Council Rules to extend the meeting to complete public hearings. Adjourned
at 11:43 p.m. in memory of June Jordan. |
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