Regular Meeting eSummary
July 15
, 2003

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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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, July 15, 20037:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:04 p.m. All present.

Ceremonial Matters:

  1. Cash for Trash Awards

  2. Proclamation regarding Romare Bearden Mural

  3. Proclamation in commemoration of CeCe Weeks

Action:  Awards and proclamations presented.

Comments from the City Manager: 

  1. The completion of the Berkeley section of the Bay Trail will be celebrated on Saturday, July 19, 2003 at 11 a.m. at the southwest corner of University Avenue and Frontage Road.  Tours of the Bay Trail and Berkeley Waterfront spotlight this major project achievement by the Public Works and Parks, Recreation and Waterfront departments.

  2. The 18th Annual Kite Festival and West Coast Kite Championship will be held on Saturday, July 26 and Sunday 27, 2003 from 11 a.m. to 5 p.m. at Caesar Chavez Park at the Berkeley Marina. There will be hands on activities for children, a variety of food booths, live music and entertainment.  Shuttles are available from Golden Gate Fields as parking at the Marina is limited.

Comments from the Public: 10 speakers

Consent Calendar

Moved, seconded, and carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:

1.      Lease: Central Duplicating and Mail Service (PDF, 331 KB)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to accept a month-to-month tenancy with RILCO-Center, LLC for continued occupancy of that portion of 2055 Center Street used for central duplicating and mail services and authorizing up to seven months of rental payments at $5,250 per month, for a total not to exceed $36,750 in FY 2004, and further authorizing additional operating expenses of approximately $7,000 for maintenance and utilities.

Contact:  Fran David, Finance, 981-7300

Action:  Adopted Ordinance No. 6,760–N.S. (PDF, 144 KB) Effective August 14, 2003.

2.      Revision to Rental Housing Safety Program (PDF, 982 KB) (Noes – Olds, Worthington)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Sections 12.48.030, 12.48.050, and 12.48.110 of the Berkeley Municipal Code (BMC) and adding sections 12.48.120 and 19.40.110 to allow for changes to the Rental Housing Safety Program (RHSP).

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Ordinance No. 6,761–N.S. (PDF, 343 KB) Effective August 14, 2003 (Noes – Olds, Worthington).

3.      Residential Preferential Parking  (PDF, 619 KB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.72 regarding administrative changes.

Contacts: Fran David, Finance, 981-7300 and Peter Hillier, Transportation, 981-7000

Action:  Adopted Ordinance No. 6,762–N.S. (PDF, 240 KB) Effective August 14, 2003.

4.      Accessory Dwelling Units (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending various sections of the Berkeley Municipal Code (BMC) Title 23 relating to Accessory Dwelling Units.

Contact: Phil Kamlarz, Planning, 981-7400

Action:  Adopted Ordinance No. 6,763–N.S. (PDF, 2 MB) Effective August 14, 2003.

5.      Amend Council Meeting Schedule (PDF, 1 MB)

From:  City Manager

Recommendation:  1) Adopt a Resolution amending Resolution No. 61,770-N.S., the Council Meeting Schedule for 2003, to cancel the meeting of October 7th and add a regular meeting on November 4th and 2) schedule special meetings for 5 p.m. prior to each regular meeting from September through December 2003.

Contact:  Sherry M. Kelly, City Clerk, 981-6900

Action:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Worthington/Olds) to adopt Resolution No. 62,146–N.S. (PDF, KB)

6.      Settlement Agreement: Debbie Ellis v. City of Berkeley (PDF, 153 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2002 040564 entitled Debbie Ellis v. City of Berkeley in the amount of $120,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 62,147–N.S. (PDF, 68 KB)

7.      Trigger Locks on Firearms  (PDF, 381 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 9.72.080 of the Firearms Dealers Ordinance by repealing Subsection G regulating trigger locks due to passage of a comprehensive state law making the local law duplicative.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

8.      Increase to Living Wage (PDF, 337 KB)

From: City Manager

Recommendation:  1) Adopt a Resolution increasing the living wage from $9.75 to $10.76 (if medical benefits are provided) or $11.37 to $12.55 (if medical benefits are not provided)effective July 16, 2003; and 2) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.27.050.A and D to provide that the living wage be adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the Consumer Price Index (CPI) published in April of each year.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Maio; Abstain – Olds) to adopt Resolution No. 62,148–N.S. (PDF, 75 KB) Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

9.      Contract: Berkeley Art Center Association (PDF, 418 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to a contract and any amendments with the Berkeley Art Center Association (BACA) in an amount not to exceed $56,227 to present exhibitions of significant community and regional art to serve as a catalyst for arts enrichment, advocacy, and community participation for the period of September 1, 2003 through August 31, 2004.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,149–N.S. (PDF, 291 KB)

10.  Contract: Berkeley's Best Builders Green Building (PDF, 468 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Green Resource Center (GRC) for the period July 1, 2003 to June 30, 2004 in an amount not to exceed $35,000.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,150–N.S. (PDF, 338 KB)

11.  Contract: Berkeley Convention and Visitors Bureau and Film Office (PDF, 495 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office in an amount not to exceed $228,375 in FY 2004 to provide for continued program development and marketing plan implementation to assist visitors.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,151–N.S. (PDF, 318 KB)

12.  Loans: Aurora Theater and The Berkeley Society for the Preservation of Traditional Music (PDF, 321 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to extend the repayment terms for the loans to Aurora Theater and The Berkeley Society for the Preservation of Traditional Music.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,152–N.S. (PDF, KB)

13.  Loans:  Jazzschool Foundation  (PDF, 323 KB) (To be delivered)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to make a $30,000 working capital loan from the Citywide Loan Fund to the Jazzschool Foundation, providing that the loan will:  1) be secured by a chattel mortgage on the existing assets of the Foundation and by personal guarantees; 2) be repaid over 5 years at the established interest rate for the Fund; and 3) is contingent upon receiving satisfactory documentation that the Foundation has acquired the Jazzschool.

Contact:  Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,153–N.S. (PDF, 73 KB)

14.  Sale of Treasury Bond Investments (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to sell the 12,624 Treasury Bonds held in the City’s Sale/Lease Financing Debt Service Fund as soon as practicable and use the proceeds to pay off all the outstanding 1996 Refunding Lease Revenue Bonds by December 1, 2003.

Contact: Fran David, Finance, 981-7300

Action:  Adopted Resolution No. 62,154–N.S. (PDF, 88 KB)

15.  Contract: Youth Employment Services (PDF, 384 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda Point Collaborative to provide youth employment services for the North Cities Collaborative for the period July 1, 2003 to June 30, 2004 in an amount not to exceed $72,000.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 62,155–N.S. (PDF, 114 KB)

16.  Contract: Environmental Services at Berkeley Street Skate Park (PDF, 385 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SOMA Corporation in an amount not to exceed $40,000 for the period May 1, 2003 through November 1, 2003 to provide environmental consulting services to develop and test protocols for cleaning the skate park in order to eliminate any possible residues of hexavalent chromium.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,156–N.S. (PDF, 78 KB)

17.  Contract:  Berkeley Boosters (PDF, 157 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute two month cash advances for two approved contracts with Berkeley Boosters: 1) Recreation “A” in an amount not to exceed $11,042 and 2) Respect School in an amount not to exceed $6,375.

Contact:  Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,157–N.S. (PDF, 74 KB)

18.  License: Food Cart at Berkeley Marina (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a License Agreement and any amendments with Eat & Run Catering to operate a food cart and use City property at the Berkeley Marina for a period of five years, with one five-year option period, for a total revenue amount of $6,000 for the initial five-year term.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,158–N.S. (PDF, 69 KB)

19.  House Cars and Campers in Private Driveways (PDF, 344 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 12.76.010 and 12.76.020, to expand the definition of “camper” and clarifying that the restrictions on “house cars” apply equally to camper trailers.

Contact: Roy Meisner, Police, 981-5900

Action:  Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

20.  Contract: FY 2003 Emergency Sidewalk Project (PDF, 611 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2003 Emergency Sidewalk Project; 2) accepting the bid of Mosto Construction; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $294,502 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,159–N.S. (PDF, 104 KB)

21.  Contract: FY 2003 Spiral Sidewalk Project (PDF, 533 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2003 Spiral Sidewalk Project; 2) accepting the bid of AJW Construction; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $296,776, for the period of 90 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,160–N.S. (PDF, 104 KB)

22.  Contract: Engineering Services for Sante Fe Right-of-Way Improvements (PDF, 425 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Community Design & Architecture, in an amount not to exceed $200,000, to provide engineering services for the Santa Fe Right-of-Way Improvements, for the period of July 31, 2003 to June 30, 2004.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Maio/Worthington; Abstain – Hawley) to adopt Resolution No. 62,161–N.S. (PDF, 75 KB)

23.  Contract: Sanitary Sewer Project (PDF, 472 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Le Conte Avenue, Le Roy Avenue, La Vereda Road, Acton Street, Virginia Street, and Shore Bird Park; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $813,984 for the period of 220 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,162–N.S. (PDF, 127 KB)

24.  Contract: Sanitary Sewer and Drilled Pier Foundations Project (PDF, 786 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer and Drilled Pier Foundations Project located on the sewer easement on private property, bounded by 400 Vermont Avenue, 423, 425, and 427 Boynton Avenue, and the Contra Costa County line; 2) accepting the bid of Bay Pride Construction Company, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $172,704 for the period of 130 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,163–N.S. (PDF, 134 KB)

25.  Contract:  Economic & Planning Systems, Inc.- U.C. Berkeley Fiscal Impact Study (PDF, 327 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Economic & Planning Systems, Inc. to perform a study of U.C. Berkeley’s (UCB) fiscal impacts related to capital projects, revenue loss, and operations, on the City of Berkeley for a contract amount not to exceed $50,000 for the period July 16, 2003 through December 31, 2004.  

Contact: Grace Maguire, City Manager, 981-7000

Action:  Adopted Resolution No. 62,164–N.S. (PDF, 98 KB)

26.  Contract: Street Rehabilitation FY 2003 Phase 2 Project (PDF, 703 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2003 Phase 2 Project; 2) accepting the bid of Interstate Grading & Paving, Inc., and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,042,664 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,165–N.S. (PDF, 104 KB)

27.  Contract: Underground Storage Tank Removal (PDF, 376 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for 711 Harrison Street UST Removal and Contamination Remediation; 2) accepting the bid of Golden Gate Tank Removal, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $95,000, for the period of 80 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,166–N.S. (PDF, 114 KB)

28.  Purchase Order: Telephone Directory Advertising (PDF, 238 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Purchase Order with SBC Smart Yellow Pages in an amount not to exceed $31,400 for FY 2004, to advertise the City’s refuse collection and recycling services.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,167–N.S. (PDF, 63 KB)

29.  Contract: Operating Services for Three City-Owned Parking Facilities  (PDF, 587 KB) (To be delivered)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Parking Concepts, Inc. to provide management, promotion, security, custodial, and maintenance services for Sather Gate Garage, Center Street Garage, and Oxford Parking Lot for the period August 1, 2003 through June 30, 2008 in an amount not to exceed $4,731,704, and an option to extend for two additional one-year periods in an amount not to exceed $2,192,698, for a total not to exceed $6,924,402.