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Regular
Meeting eSummary |
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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized. Note:
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SUMMARY
BERKELEY CITY COUNCIL MEETING
Tuesday, May 13, 2003 – 7:00 p.m.
City Council Chambers, 2134 Martin Luther King Jr. Way
Preliminary Matters
Roll Call: 7:13 p.m. All present.
Ceremonial Matters:
Proclamation for Relay for Life Weekend on May 17-18, 2003.
Proclamation for Homeless Awareness Month, May 15th through June 15th.
Golden Lung Public Health Award from BREATH.
Certificates regarding Tobacco Control Legislation from American Lung Association.
Introduction of newly elected ASUC Officers.
Action: Awards presented; proclamations accepted; and introductions made.
Comments from the City Manager: None.
Comments from the Public: 9 speakers. Referred to the City Manager for a report at the meeting of May 20th on issues raised regarding 3045 Shattuck Avenue.
Comments from Youth: 3 speakers.
Consent Calendar – Recess Items
Moved, seconded, carried (Hawley/Worthington) to adopt the Consent Calendar in one motion except as indicated:
1. Contract: Low Income Program Revenues (PDF, 250 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) authorizing the City Manager to execute a contract with the State Department of Community Services and Development for a U.S. Department of Energy Weatherization Assistance Program, in the amount of $22,467 for the period of April 1, 2003 through January 31, 2004, to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; 2) approving the Priority Plan; and 3) authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,005–N.S. (PDF, 142 KB)
2. Reprogramming FY 2001 Emergency Shelter Grant Funds (PDF, 770 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing: 1) the reprogramming of $29,258 in FY 2001 Emergency Shelter Grant funds previously awarded to Building Opportunities for Self-Sufficiency (BOSS) for purposes of funding a portion of the costs associated with removal of underground storage tanks at the Harrison House Shelter facility site; and 2) the reprogramming of $34,690 in FY 2001 Emergency Shelter Grant funds, previously awarded to BOSS to Echo Housing in the amount of $19,709, to Berkeley Food & Housing Project in the amount of $8,479, and to the Women’s Daytime Drop-in Center in the amount of $6,503.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,006–N.S. (PDF, 93 KB)
3. Grant: Transportation Fund for Clean Air for BART Bikestation Expansion (PDF, 395 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Alameda County Congestion Management Agency for the Transportation Fund for Clean Air Program Manager grant program for $86,136 in FY 2003 for the feasibility study, design, expansion and operation of the Downtown Berkeley BART Bikestation; 2) accept $17,000 from Bay Area Rapid Transit (BART) as a cost-sharing contribution to the project; 3) accept the grant, and execute any resultant agreements and amendments; and 4) implement the project and appropriation of funding for related expenses, subject to securing the grant.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 62,007–N.S. (PDF, 127 KB)
Consent Calendar
4. Approval of Minutes (PDF, 2 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of April 1, 2003 a) work session and b) regular, April 7, 2003 closed, and April 8, 2003 a) work session and b) regular.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved minutes with the exception of April 8th regular, which were held over by Councilmembers Spring and Olds to add comments for the record.
5. Needle Exchange (PDF, 164 KB)
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. 62,008–N.S. (PDF, 101 KB)
6. Terminating a Non-Exclusive Franchise for Rubbish Hauling to Handy Can of Berkeley (PDF, 569 KB) (First Reading – Unanimous)
From: City Manager
Recommendation: Adopt a second reading of an Ordinance, repealing Ordinance 6564–N.S. granting a non-exclusive franchise for rubbish hauling, and terminating the franchise with Handy Can of Berkeley.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Ordinance No. 6733–N.S. (PDF, 76 KB) Effective June 12, 2003.
7. Lease Agreement: 2121 Allston Way (PDF, 2 MB) (First Reading – Unanimous)
From: City Manager
Recommendation: Adopt a second reading of an Ordinance authorizing the City Manager to execute a six-month lease agreement and any necessary amendments with The Magnes Museum for real property located at 2121 Allston Way, in an amount not to exceed $100,000 which includes monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to accommodate office space for the staff of Public Works Capital Improvement Projects (CIP), and Engineering divisions, Parks & Recreation and other personnel and activities as may be required.
Contact: John Rosenbrock, Capital Projects, 981-6331 and Rene Cardinaux, Public Works, 981-6300
Action: Adopted Ordinance No. 6734–N.S. (PDF, 137 KB) Effective June 12, 2003.
8. Contract: Engineering Services for Harrison Street Skate Park (PDF, 526 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Geomatrix Consultants, Inc. in an amount not to exceed $57,000 to provide geotechnical and environmental consulting services to develop a permanent solution to prevent hexavalent chromium contaminated groundwater from entering the Harrison Street Skate Park.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
Action: Adopted Resolution No. 62,009–N.S. (PDF, 84 KB)
9. Scheduling Council Work Sessions (PDF, 95 KB)
From: City Manager
Recommendation: Approve scheduling special Council Work Sessions at 5:00 p.m. prior to each Council meeting in June and July.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Action: Approved recommendation.
10. Amendment: FY 2003 Annual Appropriations Ordinance (PDF, 1 MB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2003 Annual Appropriations Ordinance No. 6693 for FY 2003 based upon recommended re-appropriation of unexpected FY 2002 funding and other adjustments authorized since July 1, 2002, in the amount of $18,020,174.
Contact: Weldon Rucker, City Manager, 981-7000
Action: Adopted first reading of Ordinance. Second reading scheduled for May 20, 2003.
11. Contract: I-80 Bicycle/Pedestrian Bridge Public Art Project (PDF, 455 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Scott Donahue to commission four sculptural public artworks for the I-80 Bicycle/Pedestrian Bridge, located at the west end of Addison Street, for the period of June 1, 2003 through June 30, 2004, in an amount not to exceed $113,000.
Contact: Tom Myers, Economic Development, 981-7530
Action: Removed from Consent Calendar by Councilmember Spring. Moved, seconded, carried (Worthington/Maio; Noes – Spring) to adopt Resolution No. 62,010–N.S. (PDF, 135 KB)
12. Contract: South Berkeley Public Art Project (PDF, 458 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mr. Steve Gillman to commission “HERETHERE”, a public artwork for a South Berkeley site at the intersection of Adeline Street and Martin Luther King, Jr. Way, for the period of June 1, 2003 though June 30, 2004 in an amount not to exceed $50,000.
Contact: Tom Myers, Economic Development, 981-7530
Action: Adopted Resolution No. 62,011–N.S. (PDF, 240 KB)
13. Contract: Substance Abuse Counseling (PDF, 300 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Positive Outlook Consultant Services for the provision of substance abuse counseling and pretreatment services to pregnant and parenting women to increase the amount by $10,000 for a total not to exceed $55,000 for the period of July 1, 2002 to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,012–N.S. (PDF, 105 KB)
14. Grant: Parenting Education Services (PDF, 600 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Alameda County Children and Families Commission (Every Child Counts) in FY 2003 for funds in the amount of $150,000 to provide parenting education services to women enrolled in the Black Infant Health Program to increase knowledge, effective parenting skills and the use of well child care; 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) implement the projects and the appropriation of funding for related expenses, subject to securing the grant.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,013–N.S. (PDF, 126 KB)
15. Lease: 1767 Alcatraz Avenue (PDF, 699 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the option for a two-year extension with the South Berkeley Neighborhood Development Corporation (SBNDC) for real property located at 1767 Alcatraz Avenue in an amount not to exceed $27,855 for the period of July 1, 2003 to June 30, 2006 to provide office space for the Black Infant Health Program.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted first reading of Ordinance. Second reading scheduled for May 20, 2003.
16. Contract: Lighting Services (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Community Energy Services Corporation for lighting audit and installation services to increase the amounts from $965,000 to $1,067,607.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,014–N.S. (PDF, 101 KB)
17. Contract: Rehabilitation of 3200 Adeline Street (PDF, 174 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with A Better Way for an amount not to exceed $70,000 and to extend the term to June 30, 2004 to complete the rehabilitation of 3200 Adeline Street.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,015–N.S. (PDF, 68 KB)
From: City Manager
Recommendation: Send a letter to Governor Gray Davis and the City’s state legislative representative’s to oppose enactment of AB 136 (Kehoe) that would extend workers’ compensation disability leave of absence from one year to two years for sworn police officers and fire fighters.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Approved recommendation.
19. Contract: Indexed Level 1959 Survivor Benefit for Fire Safety Members Only (PDF, 205 KB)
From: City Manager
Recommendation: 1) Rescind prior second reading of Ordinance No. 6728 held on February 25, 2003 as premature; and 2) adopt the second reading of an Ordinance to amend the City’s contract with CalPERS to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only to be effective June 14, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Ordinance No. 6735–N.S. (PDF, 100 KB) Effective June 12, 2003.
20. Code Enforcement Supervisor and Code Enforcement Officer I/II Classifications (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution: 1) amending Resolution No. 61,840-N.S., the Classification/Salary Resolution for PEU, Local One, to establish the Code Enforcement Supervisor classification, effective May 13, 2003, with a salary range for $4,900 to $5,918 per month, with a salary equity increase of 2% on July 6, 2003, a salary equity increase of 1% on July 4, 2004, and cost-of-living adjustments, in accordance with the current Local One Memorandum of Understanding (MOU); and 2) amending Resolution No. 61,805-N.S., the Classification/Salary Resolution for SEIU, Local 535, to establish the Code Enforcement Officer I/II classifications, effective May 13, 2003, with respective salary ranges of $3,605 to $4,326 and $4,377 to $5,192 per month, with cost-of-living adjustments in accordance with the current Local 535 MOU, and to abolish the Code Compliance Inspector and the Senior Code Compliance Inspector classifications, effective June 30, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,016–N.S. (PDF, 243 KB)
21. Long-Term Disability Insurance (PDF, 270 KB)
From: City Manager
Recommendation: Adopt a Resolution approving a premium rate increase for the Unum Provident Life Insurance Company (formerly UNUM) Long-Term Disability insurance plan from 1.8% of the participant’s salary to 3.6% of the participant’s salary for an additional cost of $40,738 for employees enrolled in the Supplementary Retirement and Income Plan I (SRIP I) effective February 1, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,017–N.S. (PDF, 83 KB)
22. Temporary Employment Agency Services: Apple One (PDF, 189 KB)
From: City Manager
Recommendation: Adopt a Resolution approving an expense of up to $30,000 for Apple One Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,018–N.S. (PDF, 73 KB)
23. Temporary Employment Agency Services: Staffing Solutions (PDF, 183 KB)
From: City Manager
Recommendation: Adopt a Resolution approving an expense of up to $30,000 for Staffing Solutions Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,019–N.S. (PDF, 74 KB)
24. Temporary Employment Agency Services: Tac Staffing (PDF, 195 KB)
Recommendation: Adopt a Resolution approving an expense of up to $72,000 for Tac Staffing Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,020–N.S. (PDF, 74 KB)
25. Temporary Employment Agency Services: Volt Temporary Employment Agency (PDF, 190 KB)
From: City Manager
Recommendation: Adopt a Resolution approving an expense of up to $104,000 for Volt Temporary Employment Agency services for the period of July 1, 2002 to June 30, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,021–N.S. (PDF, 75 KB)
26. Traffic Maintenance Supervisor Classification (PDF, 640 KB)
From: City Manager
Recommendation: Adopt a Resolution establishing the classification of Traffic Maintenance Supervisor and amending Resolution No. 61,807-N.S., the Classification and Salary Resolution for SEIU Local 790 to include the classification and salary range for the Traffic Maintenance Supervisor.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,022–N.S. (PDF, 79 KB)
27. Purchase: Hewlett-Packard Public Safety Computer (PDF, 397 KB)
From: City Manager
Recommendation: Adopt a Resolution finding that no reasonable alternative exists under the Berkeley Nuclear Free Act, and authorizing the City Manager to purchase a Hewlett Packard Alpha Computer for the City’s Public Safety systems for a total amount not to exceed $76,000.
Contact: Chris Mead, Information Technology, 981-6500
Action: Adopted Resolution No. 62,023–N.S. (PDF, 68 KB)
28. Contract: Summer Food Service Program (PDF, 215 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a reimbursement application to the California State Department of Education, Child Nutrition Services Division, in an amount not to exceed $94,000 for a Summer Food Service Program for children, and to execute any resultant agreements and amendments for the period of June 23, 2003 to October 10, 2003.
Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action: