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SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
JUNE 25, 2002
Roll Call: 7:22 p.m.
All present.
Ceremonial
Matters:
-
Proclamation
in honor of Lesbian Gay Bisexual Transgender and QuestioningPride
Month.
-
Proclamation
honoring the Americans with Disabilities Act of 1990(ADA).
Actions:
Presented proclamations.
Comments
from the City Manager:
-
The
Non-Profit Housing Association of Northern California and Greenbelt
Alliance placed Berkeley on its “honor roll” of local governments
taking action to address their share of the Bay Area’s regional
housing crisis.
-
The
Young Adult Project will host a Community Day Picnic on Tuesday, July
2nd from 10:30 a.m. to 3:30 p.m. at Martin Luther King Jr.
Youth Center.
Comments
from the Public: 13
speakers.
Action:
Moved, seconded, carried (Breland/Worthington) to adopt the Consent
Calendar in one motion except as indicated:
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Needle
Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the
continued existence of a local emergency with regard to HIV
transmission from use of HIV infected needles among injection drug
users, and authorizing the Local Health Officer to take steps to
enable the operation of needle exchange emergency distribution.
Contact: Sherry Kelly,
City Clerk, 981-6900
Action:
Adopted Resolution No.61,638 –N.S.
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Initiative
Petition: Restricting Sale of Brewed Coffee
From:
City Manager
Recommendation:
Refer to the City Manager a proposed initiative for a report to
Council as to any of the impacts specified in Election Code section
9212.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Removed from the Consent Calendar by Councilmember
Breland and held over to July 9, 2002.
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Agreements:
Public Health Services
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a managed
care provider re-application to the State of California, Department of
Health Services for general public health services; and to execute the
resultant memorandum of understanding, provider agreements and any
amendments with Blue Cross-California Care for public health services
for the period March 31, 2002 to June 30, 2006.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,639–N.S.
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Contract:
Organic Materials Hauling and Processing
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with Grover Landscape Services, Inc., for
hauling and processing of organic materials, to increase the amount of
the initial two-year contract term by $125,000, and to increase the
amount of the four-year extension period to $2,839,600.
Contact: Rene Cardinaux, Public Works, 981-6300
Action:
Removed from the Consent Calendar by Mayor Dean and held over
to July 9, 2002.
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Contract:
Live Oak Recreation Center Seismic Retrofit
From:
City Manager
Recommendation:
Adopt a Resolution approving the plans and
specifications for the Live Oak Recreation Center Seismic Retrofit;
rejecting the protest of Rose Construction; accepting the bid of
Angotti & Reilly; and authorizing the City Manager to execute a
contract and any amendments, extensions or other change orders in an
amount not to exceed $607,200.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,640–N.S.
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Contracts:
Medi-Cal Outreach Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the
City Manager to execute: 1) an amendment to the grant agreement with
the California Department of Health Services, Medi-Cal Eligibility
Branch for the Medi-Cal Insurance Outreach Program, to accept
additional funds in the amount of $245,876 for a total of $476,281;
and 2) amendments to the contracts with Berkeley Unified School
District ($74,834), Bay Area Community Resources ($8,920), Lifelong
Medical Care ($92,906), Lincoln Child Care ($1,960), Stiles Hall
($8,920), and Tides Center ($8,920) to educate and assist families in
applying for health insurance and using preventative health care
services, to increase the amounts by $196,460 for a total not to
exceed $336,712 and to extend the terms to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,641–N.S.
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Contracts:
HIV Laboratory Services
From:
City Manager
Recommendation:
Adopt a Resolution approving the plans and specifications to
provide HIV antibody blood screening for the HIV/AIDS Program;
accepting the bid of UNILAB; and authorizing the City Manager to
execute contracts and any amendments with UNILAB and the Alameda
County Public Health Laboratory to perform the HIV screening lab
services in an amount not to exceed $44,000 and $24,500 respectively
for the period July 1, 2002 to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,642–N.S.
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Contracts:
HIV Prevention and Education Program
From: City
Manager
Recommendation: Adopt a Resolution authorizing the City Manager to
execute contracts and any amendments with the Berkeley Public
Education Foundation ($24,900), the California Prevention and
Education Project ($23,500), Catholic Charities ($12,000), the Pacific
Center for Human Growth ($23,500), and the Women’s Daytime Drop-in
Center ($24,900) for HIV prevention and education services for the
period July 1, 2002 to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,643–N.S.
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Contract:
Workers’ Compensation Actuarial Services
From:
City Manager
Recommendation:
Adopt
a Resolution authorizing the City Manager to execute a contract and
any amendments with KPMG LLP in the amount of $34,000 for actuarial
services of the Workers’ Compensation self insurance program for the
period of June 1, 2002 through June 30, 2003.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No. 61,644–N.S.
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Establish
Classification: Revenue Collection Manager
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 Revenue Collection Manager.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution No.61,645–N.S.
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Conflict
of Interest Code
From: City Manager
Recommendation:
Adopt a Resolution directing the City
Clerk to review the City’s Conflict of Interest Code and if any
changes are necessary to submit a revised Code to the Council for
approval, or if no changes are necessary to so notify the Council.
Contact:
Sherry Kelly, City Clerk, 981-6900
Action:
Adopted Resolution No. 61,646–N.S.
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Increasing
Payout of Unused Sick Leave
From: City Manager
Recommendation:
Adopt a Resolution amending Section
4.11 of Resolution No. 60,777-N.S. (Unrepresented Employee Manual) to
increase the amount of payment of unused sick leave to 50% for those
employees in Representation Units Z-1 (Confidential and Executive
Management), Z-2 (Confidential Professional), and Z-3 (Confidential
Clerical) having 28 or more years of service at time of termination or
retirement.
Contact:
Ron Brown, Human Resources, 981-6806
Action:
Adopted Resolution No. 61,647–N.S.
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Transfer
Tax Revenues From Special Tax Districts to Help Balance State Budget
From:
Councilmember Hawley
Recommendation:
Request
the City Manager write to East Bay legislators in Sacramento to: 1)
convey opposition to the Governor’s proposal to deflect tax revenues
from special districts to help meet the State’s obligation to fund
education under Proposition 98; 2) ask that transportation districts
be exempted from any transfer of their tax revenues to the State,
because the budgets of transportation agencies will be adversely
impacted this year by planned cuts in the State Transportation
Assistance program; and 3) express
support for SB 1255 (Burton and Aroner) that would help balance the
State budget by reinstating top tax brackets for the wealthiest
Californians (those earning $250,000 and over per year).
Contact: Mim Hawley, District 5, 981-7150
Action:
Approved recommendation.
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Support
SB 1255
From: Councilmember Spring
Recommendation:
Request the City Manager write a letter to Governor Gray Davis and
State Senator Don Perata asking them to support state legislation SB
1255 to restore upper level income brackets on Californians making
over $250,000 a year to reduce the state budget deficit and cut backs
on the poor; and 2) request our State lobbyist be notified to request
that she work for passage of this bill.
Contact:
Dona Spring, District 4, 981-7140
Action:
Approved recommendation.
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Join
Berkeley Unified School District in Opposing Racial Privacy Initiative
From: Councilmember Spring
Recommendation:
Join the Berkeley Unified School District (BUSD) in passing a
Resolution in opposition to the Racial Privacy Initiative (RPI).
Contact:
Dona Spring, District 4, 981-7140
Action:
Adopted Resolution No. 61,648–N.S.
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Support
AB 1080 California Alliance for Pride and Equality’s Domestic
Partner Equal Benefits
From: Councilmember Worthington
Recommendation:
Support AB 1080 California Alliance for Pride and Equality (CAPE)’s
Domestic Partner Equal Benefits.
Contact: Kriss Worthington, District 7, 981-7170
Action:
Approved recommendation.
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Fee
Waiver: Capoeira Batizado Celebration
From:
Councilmember Spring
Recommendation:
Adopt a Resolution waiving the: 1) block closure and loss of parking
fees; 2) special event permit fee; 3) noise permit waiver; and 4) food
booth permit, and deliver four trash cans for the July 6, 2002 event
to be held in the Downtown Arts District on Addison Street.
Contact:
Dona Spring, District 4, 981-7140
Action:
Adopted Resolution No. 61,649–N.S.
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Update
of the 5 Year Street Plan
From: Public Works Commission
Recommendation:
Adopt a Resolution adopting the update of the 5 Year Street Plan for
Fiscal Year 2003-2007.
Contact:
Jeffrey L. Egeberg, Secretary, 981-6400
a.
From: City Manager
Recommendation:
The City Manager concurs.
However, at the time the Public Works Commission took action on
this report, the funding of the street program was not clear.
The budget balancing plan provides that in FY 2003 the General
Fund contribution will be reduced by 10% to $1,575,000, but will be
offset by an increase of $175,000 in Measure B Sales Tax, maintaining
a total program budget of $3,237,000.
Contact: Rene Cardinaux,
Public Works, 981-6300
Action:
Withdrawn by the City Manager.
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Council
Adoption of Fiscal Year 2003 Budget
a.
From: City Manager (to
be delivered)
Recommendation:
Adopt a Resolution adopting the Fiscal Year 2003 Budget
including: 1) approval of the City Manager’s budget balancing plan to
address the projected $3.1 million General Fund deficit for FY 2003, first
presented on April 30, 2002 and amended to respond to specific issues
raised by the Council; 2) a contingency plan to address additional budget
pressures that may impact the FY 2003 budget well after the commencement
of the new fiscal year; and 3) a comprehensive process to guide
development of recommendations needed to address a growing structural
budget deficit projected in the next (FY 2004 and FY 2005) biennial budget
cycle to include proposals for organizational restructuring to improve
coordination and delivery of programs and services.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Actions:
Moved, seconded, (Spring/Maio) a main motion to: 1) adopt the
budget as proposed by the City Manager including a) approving the budget
balancing plan, b) a contingency plan, and c) a process to guide
development of recommendations needed to address additional budget
deficits in the next budget cycle; 2) approve the Humane Commission’s
recommendations as proposed in Item 19b2; 3) approve carrying over
Berkeley Free Folk Festival 2002 unspent FY 2002 monies to FY 2003; 4)
allocate up to $20,000 for an accessible stage at the Civic Center Park to
come from the General Fund Capital Improvements budget; 5) refer to the
City Manager additional budget requests as follows: a) Habitat for
Humanity ($25,000); b) a business coalition to assist small businesses in
promoting shopping locally ($50,000); c) monies for a car share program;
and d) monies for traffic and parking enforcement; 6) refer to staff to
look at funding a part time or full time pedestrian safety coordinator
through existing funds ; and
7) eliminate wording in Attachment D related to changing the policies on
layoffs and contracting out.
Moved,
seconded, carried (Armstrong/Shirek; Noes – Spring, Worthington) a
substitute motion to: 1) adopt Resolution No. 61,650-N.S. adopting the
budget as proposed by the City Manager including a) approving the budget
balancing plan, b) a contingency plan, and c) a process to guide
development of recommendations needed to address additional budget
deficits in the next budget cycle; 2) approve carrying over Berkeley Free
Folk Festival 2002 unspent FY 2002 monies to FY 2003; 3) allocate up to
$20,000 for an accessible stage at the Civic Center Park to come from the
General Fund Capital Improvements budget; 4) refer to the City Manager
additional budget requests as proposed in the main motion as well as
adding: a) $10,000 to Aurora Theater, b) a review of unspent monies in the
Animal Services budget with the intent to spend these funds for animal
related services, and c) a public/private partnership for small local
businesses; and 5) clarifying language in Attachment B to include “green
buildings, green government and green businesses”.
b. Allocation of Animal Services Budget (held over from
06/11/02)
From: Citizens Humane Commission
Recommendation:
Adopt a Resolution authorizing the City
Manager to split any monies left over from the Task Force’s $35,000 and
the Humane Commission’s
$50,000
in the Animal Services budget for FY 2002 between Home at Last Animal
Rescue Organization and Fix Our Ferals Animal Rescue Organizations.
Contact:
Kate O’Connor, Secretary, 981-6601
Action: Adopted Resolution No. 61,651-N.S. as part of adoption of the budget.
b1.
From: City Manager (held over from 06/11/02)
Recommendation:
While the City Manager supports the
effort of animal rescue organizations in assisting and placing animals
impounded at the Animal Shelter, it is recommended that the Council defer
action on this specific item. Further
direction is needed in establishing the appropriate and best use of funds
provided to support Commission and Task Force recommendations consistent
with the overall goals. It is
recommended the City Manager convene a meeting to include shelter staff,
representatives from volunteer rescue groups and the Humane Commission to
develop specific recommendations as to staffing and funding levels related
to volunteer rescue groups, consistent with overall shelter objectives.
Contact:
Jim Hynes, City Manager, 981-7000
Action: Action taken in 19b.
b2. Humane Commission Funding Recommendations (Held
over by Spring from 05/21/02, 05/28/02 and 06/11/02)
From: Councilmember Spring
Recommendation:
Approve the Commission’s funding recommendations for FY 2002.
Contact:
Dona Spring, District 4, 981-7140
Action: Referred to the City Manager as part of adoption of
the budget.
Fiscal
Year 2003 Appropriation Ordinance (to be delivered)
From: City Manager
Recommendation:
Adopt first reading of the FY 2003
Appropriation Ordinance. Contact:
Phil Kamlarz, City Manager, 981-7000
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Appropriations
Limit for Fiscal Year 2003
From: City Manager
Recommendation:
Adopt a Resolution establishing the
appropriations limit at $125,782,732 for Fiscal Year 2003 pursuant to
Article XIIIB of the Constitution of the State of California based on
the calculations for the appropriations limit.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
Resolution No. 61,652-N.S.
Temporary
Appropriation for Payroll and Other Expenses
From: City Manager
Recommendation:
Adopt a Resolution authorizing a temporary
appropriation in the sum of $50,000,000 to cover payroll and other
expenses from July 1, 2002 until the effective date of the Fiscal Year
2003 Annual Appropriations Ordinance.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
Resolution No. 61,653-N.S.
Tax
Rate: Fund Maintenance of Parks, Trees and Landscaping
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying
a Fiscal Year 2003 special tax of $.0961 per square foot of all
improvements to fund the maintenance of parks, City trees, and
landscaping in the City.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: Emergency Medical Services
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying
a Fiscal Year 2003 special tax of $.025525 per square foot of all
improvements to fund the provision of emergency medical services to
Berkeley residents.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: Emergency Services for the Severely Disabled
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting
the Fiscal Year 2003 tax rate for the provision of emergency services
for the disabled at $0.00910 (.0910 cents) per square foot of
improvements.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: Disaster Fire Protection-Measure Q
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting
the Fiscal Year 2003 tax rate for the procurement of disaster fire
equipment at $0.0125
(1.25 cents) per square foot of improvements.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: General Obligation Bonds-Measure S
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting
the Fiscal Year 2003 tax for Measure S General Obligation Bonds
(Election of 1996) at 0.0450%.
Contact: Fran David, Finance, 981-7300
Action: Moved, seconded, carried (Worthington/Hawley) to adopt
first reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: Library Services
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting
the Fiscal Year 2003 tax at $0.1134 (11.34 cents) per square foot for
dwelling units and $0.1717 (17.17 cents) for industrial, commercial
and institutional buildings.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Moved, seconded, carried (Worthington/Hawley) to adopt first
reading of Ordinance. Second
reading scheduled for July 9, 2002.
Tax
Rate: Fire Seismic General Obligation Bonds
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting
the Fiscal Year 2003 tax rate for the Fire Seismic General Obligation
Bonds (Election of 1992) at 0.0300%.
Contact: Fran David, Finance, 981-7300
Action:
Moved, seconded, carried (Worthington/Hawley) to adopt first reading
of Ordinance. Second
reading scheduled for July 9, 2002.
Action
Calendar – Ballot Measures
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Ballot
Measures – Review and Comment on Measures
From:
City Manager
Recommendation:
Review and comment on ballot titles, City Attorney analysis and the text
of proposed measures for the following:
1) special tax to fund maintenance and installation of
pedestrian safety improvements; 2) special tax to for streetlights; 3)
a general obligation bond to fund a new animal shelter; 4) a general
obligation bond to fund the seismic retrofit of Old City Hall; 5)
property transfer tax for affordable housing; and 6) special tax
increasing the storm water fee.
Contact:
Phil Kamlarz, City Manager, 981-7000
Actions: Moved,
seconded, carried (Worthington/Spring) to provide direction to staff
on ballot language for a pedestrian safety improvement tax and a
report on July 9, 2002.
Moved,
seconded, carried (Worthington/Hawley; Noes - Breland, Maio; Abstain
– Spring) to not place a tax for streetlights on the ballot.
Moved,
seconded, carried (Spring/Worthington; Abstain – Armstrong) to
provide direction to staff on ballot language for a new animal shelter
and a report on July 9, 2002.
Moved,
seconded, carried (Armstrong/Hawley; Noes – Worthington; Abstain –
Spring) to approve wording for measure to go on the ballot for
retrofit of Old City Hall and a report on July 9, 2002.
Moved,
seconded, carried (Spring/Worthington; Noes – Armstrong, Hawley,
Olds, Dean) to approve wording for a 0.50% property transfer tax
increase for affordable housing to be placed on the ballot with report
on July 9, 2002.
Moved,
seconded, carried (Breland/Worthington; Noes – Hawley; Abstain –
Maio) to not place a measure on the ballot for a storm water tax.
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Ballot
Measure - Warm Water Pool (Held over from 6/11/02)
From:
City Manager
Recommendation:
Provide direction to the City Manager on the Warm Water Pool project to
1) find a new site for the pool and issue new bonds not to exceed $5
million or 2) work with Berkeley Unified School District to retain the
pool on the existing site.
Contact: Phil
Kamlarz, City Manager, 981-7000
Action:
Moved to the Consent Calendar by Councilmember Spring to
direct staff to work with the School District to retain the warm water
pool at its current site and if necessary for staff to pursue a
validation action on the approved ballot measure to allow for new
construction rather than placing a new measure on the ballot.
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Ballot
Measure – Charter Amendment for Elected Officials Salary Increase (Held
over from 6/11/02)
From:
Councilmember Spring
Recommendation:
Waive Council Rules to allow for discussion and possible at
the meeting of June 18, 2002 to consider possible ballot measures that
would allow voters to decide on pay increase for the School Board and
Council.
Contact:
Dona Spring, District 4, 981-7140
Action: Withdrawn by Councilmember Spring.
-
Ballot
Measure – Charter Amendment for School Board Salary Increase
From: Board of Directors, Berkeley Board of Education
Recommendation:
Place a charter amendment on the
November ballot amending Article V, Section 19 of the Charter to
increase the salary of members of the Board of Education to $1,500 per
month beginning in December 2002.
That any remuneration not accepted by board members are used
for their official expenses, and that the future cost of living
adjustments be authorized. Financial impact to the City of increase to
be $37,500 per year.
Contact: John Selawsky, Director, 644-6550
Action: Moved, seconded, carried (Spring/Worthington; Abstain –
Hawley) to approve placing a charter amendment on the ballot to raise
school board salaries and to further direct staff to place on the
agenda for July 9, 2002 a discussion of communications related to
amending the Charter to include a Performance Auditor for the School
District.
Action
Calendar – Decision on Public Hearings
-
Landmarks
Preservation Commission Appeals
of Martin Luther King Jr. Civic Center Park Repair and Rehabilitation
Project (Refer to June
18, 2002 Agenda)
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
Recommendation: 1)
Decision on 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; 2) Adoption of Resolutions certifying the EIR and approving
the Structural Alteration Permit with conditions; and 3) providing
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
Actions: Moved, seconded, carried (Spring/Maio; Noes - Olds) to
give direction to staff on the alteration permit stating preference
for the staff’s recommendations on all issues with the exception of
the magnolia trees, the swings, creek, paving and the parking issues.
Moved,
seconded, carried (Spring/Worthington) to leave the magnolia trees in
place.
Moved,
seconded, carried (Maio/Worthington; Noes – Olds, Abstain – Dean)
to refer to staff the desire of the Council for more swings and that
they be discreetly placed. Mayor
Dean stated for the record that she preferred more swings and that
they be visible.
Moved,
seconded, carried (Spring/Maio; Noes – Armstrong, Olds) to state
Council’s desire that the plan does not preclude opening up
Strawberry Creek.
Moved,
seconded, carried (Armstrong/Worthington; Noes – Breland) to approve
the Landmarks Preservation Commission’s recommendation for flagstone
as ultimate paving material with decomposed granite until the
flagstone is installed.
Moved,
seconded, carried (Spring/Maio; Noes – Worthington; Abstain –
Dean) to approve staff’s recommendation that the parking behind the
Civic Center continue until the parking policy is rescinded and
funding is available to implement a plan as proposed.
Resolutions
certifying the EIR and approving Structural Alteration Permit
scheduled for July 9, 2002.
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Transfer
of Cable Franchise
From:
City Manager
Recommendation:
Adopt a Resolution denying ‘local
consent’ to the transfer of control of the AT&T cable franchise
to AT&T Comcast.
Contact:
Phil Kamlarz, City Manager 981-7000
Action:
Moved to Consent Calendar by City Manager with a recommendation
that this matter be held over to July 16, 2002.(Noes-Worthington)
Action
Calendar – Old Business
-
Consider
a Citywide 20 MPH Speed Limit in Residential Areas
(Held over by Olds from 03/12/02, 03/19/02, 04/23/02,
04/29/02, 05/14/02, 05/28/02 and 06/11/02)
a.
From: Councilmember
Worthington
Recommendation:
Refer to the Transportation
Commission consideration of a citywide 20 MPH speed limit in
residential areas.
Contact:
Kriss Worthington, District 7, 981-7170
Action: Held over to the meeting of July 9, 2002.
b.
From: Mayor Dean
Recommendation:
Propose the following substitute for the motion currently
contained in the item above: (New
language underlined, language to omitted in shown in strike
through.) Refer to
the staff and Transportation Commission for evaluation the
proposal to consider a citywide 20 MPH speed limit in
residential areas. Their
consideration specifically is to include the following:
1) limiting consideration to streets that are designated
residential; 2) developing criteria under which a street would be
eligible for a 20 MPH designation; 3) developing a process which would
be used when a specific street or streets are to be considered for a
20 MPH designation; and 4) determining the costs involved and
recommendations for how such costs would be met in the budget.
The staff and Transportation Commission are to return to the
Council for approval of their recommendations.
Contact: Shirley
Dean, Mayor, 981-7100
Action: Held over to July 9, 2002.
c.
From: Mayor Dean
Recommendation:
Add 5) the issue of enforcement feasibility and costs
should be an integral part of the evaluation, including the
development of the criteria for designation of particular streets.
Contact: Shirley Dean, Mayor, 981-7100
Action: Held over to July 9, 2002.
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Assisting
Afghan Victims of the Devastating Earthquakes
(Held over by Breland from 04/16/02,
04/23/0, 04/29/02, 05/14/02, 05/28/02 and 06/11/02)
From:
Councilmember Spring
Recommendation:
Adopt a Resolution granting $3000 to assist the Afghanistan
victims of the devastating earthquakes; and request the City Manager
to give City employees information on this opportunity to donate to
the relief efforts.
Contact: Dona Spring, District 4, 981-7140
Action: Held over to July 9, 2002.
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Policy
on Zoning Project Notices (Held
over by Armstrong from 04/16/02, 04/23/02, 04/29/02, 05/14/02,
05/28/02 and 06/11/02)
From: Councilmember Spring
Recommendation:
That the Council refer to the City
Manager and ask that he return with a timely response to the request
for adoption of a policy that the Zoning Officer include, as a
matter of course in both the notice and the summary that appear on
Zoning Adjustments Board agendas; 1) the total lot-size of the project
site, in square feet; 2) the number of affordable units, and the depth
of their affordability, as well as a brief reference to how that
number accords with the requirements of BZO Section 23C. 12.030; 3)
the total number of dwelling units in the project, or square feet of
gross floor area for non-residential projects; 4) the maximum
residential density for the project-site; 5)
the total square footage of any commercial or other
non-residential area of the project; 6) the total number of floors of
the project; and 7) the average and maximum height of the project.
Contact: Dona Spring, District 4, 981-7140
Action: Held over to July 9, 2002.
-
Support
for New Auto Related Uses on University Avenue Contingent on a Public
Hearing (Held over by Hawley from 04/16/02, 04/23/02,
04/29/02, 05/14/02, 05/28/02 and 06/11/02)
From: Councilmember Spring
Recommendation:
Support allowing new auto related
uses on University Avenue with the requirement that all new auto
related uses are subject to a public hearing before approval or
disapproval.
Contact:
Dona Spring, District 4, 981-7140
Action: Held over to July 9, 2002.
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Strengthening
the Creeks Preservation Ordinance
(Held over by Hawley from 04/23/02, 04/29/02, 5/14/02,
05/28/02 and 06/11/02)
From: Councilmember Spring
Recommendation: Request
that the City Attorney return by the first meeting in July with a
finalized version of the revised Creek Preservation ordinance that
will better protect our creeks to prevent any kind of development such
as paving or creating driveways within 30 feet of a creek or
underground creek or a culverted creek; and that the City strengthen
its policy to open all underground creeks wherever possible.
Contact:
Dona Spring, District 4, 981-7140
Action:
Held over to July 9, 2002.
-
Densification
of Berkeley (Held
over by Maio from 05/14/02, 05/28/02 and 06/11/02)
From: Mayor Dean
Recommendation:
Request the City Manager review,
evaluate, and report back to the Council as quickly as possible on the
attached materials and conclusions relating to the
“overdensification” of Berkeley, published by the Council of
Neighborhood Associations (CNA) in its April 2002 CNA Newsletter; and
schedule a special workshop session to discuss the meaning and
measurement of density in Berkeley. The Planning Commission should be invited and public comment
allowed.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Moved to Consent Calendar by Councilmember Maio and
approved recommendation amended by Councilmember Maio to refer to the
Planning Commission Subcommittee on Density prior to coming back to
the Council and for the City Manager to determine the format and
timing for the discussion before the Council with a request that this
happen prior to the November 2002 election.
-
Contract:
Public Safety Building Tower Study (Held over by
Armstrong from 05/21/02, 05/28/02 and 06/11/02)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with MACRO Corporation for the Public Safety
Building (PSB) Communications Tower study, increasing the contract by
$43,296, for a total amount not to exceed $93,296 for field strength
tests of the possible tower replacement alternatives for the period
May 15, 2002 through August 30, 2002.
Contact:
Rene Cardinaux, Public Works, 981-6300; John Rosenbrock,
Capital Projects, 981-6331
Action
Held over to July 9, 2002.
a.
From: Councilmember Spring
Recommendation: Request the City Manager return to Council after consulting
with the Citizens Committee on the Public Safety Building
Communications Tower to recommend appropriate next steps, including a
public review process, to consider the execution of another contract
with a consultant for further study of one or more alternatives to the
present tower, and to develop a scope of work for such a consultant
– all toward a goal of selecting a preferred alternative to the
present tower.
Contact:
Dona Spring, District 4, 981-7140
Action:
Held over to July 9, 2002.
-
Peace
and Justice Resolution Calling for an Injunction to Stop Oxidation
Incineration (Held over by Armstrong from 05/21/02,
05/28/02 and 06/11/02)
a.
From:
Councilmembers Spring and Worthington
Recommendation:
Approve the recommendations of the Commission and adopt a
Resolution authorizing funds in the amount of $15,000 to support a
lawsuit, and an injunction to stop the oxidation-incineration of all
radioactive mixed waste at the National Tritium Labeling Facility (NTLF),
to be filed by the Committee to Minimize Toxic Waste, (CMTW) against
the State of California Department of Toxic Substance Control for
failure to require Lawrence Berkeley National Laboratory (LBNL) to do
an Environmental Impact Report (EIR) under CEQA and an Environmental
Impact Statement (EIS) under NEPA.
Contact:
Councilmember Dona Spring, District 4, 981-7140; Kriss
Worthington, District 7, 981-7170
Action:
Held over to July 9, 2002
b.
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution authorizing funds in the amount of $15,000 to
support a lawsuit, and an injunction to stop the
oxidation-incineration of all radioactive mixed waste at the National
Tritium Labeling Facility, to be filed by the Committee to Minimize
Toxic Waste, against the State of California Department of Toxic
Substance Control for failure to require Lawrence Berkeley National
Laboratory to do an Environmental Impact Report under CEQA and an
Environmental Impact Statement under NEPA.
Contact: Manuel Hector, Secretary, 981-5110
Action: Held over to July 9, 2002
c.
From: City Manager
Recommendation:
That no action be taken on the recommendation of the Peace and Justice
Commission requesting Council to authorize funds in the amount of
$15,000 to support a lawsuit, and an injunction to stop the
oxidation-incineration of all radioactive mixed waste at the National
Tritium Labeling Facility.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Held over to July 9, 2002
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Support
for April 9th Protesters (Held over by Armstrong
from 05/21/02, 05/28/02 and 06/11/02)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution that requests
University of California Chancellor Berdahl to not take away
students’ opportunity for education and drop the suspensions for the
April 9th protest. Also,
request the District Attorney drop the charges for participating in
the demonstration and protest rally.
Contact:
Kriss Worthington, District 7, 981-7170
Action: Held over to July 9, 2002.
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Sidewalk
Food Vending (First reading May 21, 2002 – Noes – Breland,
Maio, Spring, Worthington) (Held
over by Worthington from 05/28/02, 06/11/02)
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