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SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
MAY 28, 2002
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:
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On
May 29, 2002 from 7:00 to 8:00 p.m. there will be a community meeting
on Parks and Open Space Improvement Funds at the City’s Corporation
Yard, 1326 Allston Way. Volunteers
of any group can acquire up to $3,000 in funds for suitable projects.
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On
May 29, 2002 at 7:00 p.m. the Police Review Commission invites
feedback at a Community Forum on Community Policing to be held at Rosa
Parks Elementary School, 8th and Addison.
This will be the first in a series.
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On
May 30, 2002 at 7:00 p.m. at Rosa Parks Elementary School, the Police
Department will hold a community meeting regarding crime in the area.
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On
June 8, 2002, from 11:00 a.m. – 3:00 p.m. Berkeley Animal Care
Services will hold an Open House, 2013 Second Street at Addison.
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.
Action:
Moved, seconded, carried (Worthington/Maio; Absent-Breland) 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. 61,581-N.S.
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
From: City Manager
Recommendation: Approve
the minutes for Council meetings of:
a)April 23, 2002 (regular); b) April 29, 2002 (adjourned
regular); c) April 30, 2002 (special); and d) April 30, 2002 (joint
special).
Contact: Sherry M. Kelly, City Clerk, 981-6900
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
Action: Adopted
Resolution No. 61, 582-N.S.
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
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Potential
Ballot Measures – November 2002
From:
City Manager
Recommendation:
1) Give direction to the City Manager as to which ballot
measures should be considered for the November 2002 ballot and give
direction to the City Attorney to prepare ballot titles and financial
analysis and return to Council no later than June 25, 2002 with the
text, title and financial analysis; 2) for those proposed measures where
ballot text language is being presented, approve or amend the ballot
text language and give direction to the City Attorney to prepare ballot
titles and financial analysis and return to Council no later than June
25, 2002; and 3) give additional direction to the City Manager and City
Attorney to prepare ballot text, title and financial analysis for any
additional ballot measures not included in the staff report that Council
may wish to place on the November ballot and request that the text,
title and financial analysis return to Council no later than June 25,
2002.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action: Council direction provided on specific items listed
below, with other items held over to the meeting of June 11, 2002.
a.
Ballot Measure — Instant Runoff Voting Charter Amendment
From:
City Manager
Recommendation:
If the Council wishes to place a measure on the November 2002
ballot amending the charter to allow for Instant Runoff Voting (IRV): 1)
review enclosed proposed charter amendment language and either approve
the text or give direction for any changes and further direction to the
City Attorney to prepare ballot title and financial analysis; and 2)
give direction to the City Clerk to continue to follow-up and report
back on status of IRV in California jurisdictions.
Action:
Held over to the meeting of June 11, 2002.
b.
Ballot Measure – Redistricting Charter Amendment
From: City Manager
Recommendation: If
the Council desires to place a measure on the ballot amending the
charter related to the time in which to consider and take action on
redistricting; give direction to the City Manager and the City Attorney
on ballot text language prepared by the City Attorney or alternate
proposals presented by Mayor Dean and Councilmember Spring.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
Action:
Held over to the meeting of June 11, 2002.
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
Action: Held
over to the meeting of June 11, 2002.
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.
d. Ballot Measures – Animal
Shelter, Playing Fields, Aquatic Park
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.
e. Ballot Measure – Old City Hall 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 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
Action: Moved,
seconded, carried (Armstrong/Hawley; Noes-Worthington; Abstain-Spring ;
Absent – Breland) to direct staff to provide a recommendation as to the
best structural solution and draft appropriate ballot language. (Councilmember
Spring asked the record to reflect that she abstained because there are
unresolved ADA and seismic issues.)
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
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FY
2003 Budget Discussion and Council Direction
From: City
Manager
Recommendation:
Continue budget discussion of City Manager’s proposed
balancing measures presented to the Council on April 30, 2002 and
additional alternative reductions presented this evening, and
provide the City Manager with direction.
Contact: Phil
Kamlarz, Deputy City Manager, 981-7000
Action:
Continued budget discussion.
Councilmembers Armstrong and Maio expressed support for and
asked that the City Manager prepare and provide Council with a
transition plan for moving civilian duties from sworn police
officers to civilian staff so that sworn officers can concentrate on
police duties.
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Sewer
Service Fees
From: City Manager
Recommendation:
1) Adopt first 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; and 2) adopt a Resolution
increasing sewer service charges for residential and non-residential
categories for FY 2003.
Contact:
Rene Cardinaux, Public Works, 981-6300
a. From: Citizens
Budget Review Commission (to be delivered)
Recommendation:
Based on review of FY
2000 Sanitary Sewer Program expenses, request the City Manager
implement the following budget directions for FY 2003: 1) Refer the
findings and recommendations detailed in the report to the City
Auditor for review and to the City Manager for response to
recommendations regarding performance measures, accounting line
definition improvements and budget recommendations; 2) increase
sewer fees for FY 2003 by CPI only; 3) establish and implement
performance measures to allow determination of unit costs necessary
to allow financial planning for rehabilitation of the remaining
sewer system under the City jurisdiction; and 4) improve accounting
line item definitions to allow better tracking of revenues and
expenses of the sewer and other programs especially for capital
projects.
Contact:
Paul Navazio, Secretary, 981-7000
Action:
Held over to the
meeting of June 11, 2002.
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Grant
for Home at Last Animal Rescue Organization
From:
Citizens Humane Commission
Recommendation:
Adopt a Resolution authorizing the City Manager to
allocate a one time grant of $35,000 to the nonprofit animal rescue
organization, Home At Last, in addition to the yearly $25,000 grant
already allocated for expenses incurred in rescuing animals at the
Berkeley Animal Care Shelter.
Contact:
Kate O’Connor, 981-6601
a. From City Manager
Recommendation:
The recommendation of the Commission
affects budget and/or other programs.
Contact:
Jim Hynes, City Manager, 981-7012
Actions: Moved,
seconded, (Spring/Worthington) a main motion to approve the
Commission’s recommendations.
Moved,
seconded, carried (Shirek/Armstrong; Noes- Spring, Worthington;
Absent - Breland) a substitute motion to accept the City Manager’s
recommendation to refer to the budget process.
-
Grant
for Fix our Ferals Animal Rescue Organization
From:
Citizens Humane Commission
Recommendation:
Adopt a Resolution authorizing the City Manager to
allocate a one time grant of $10,000 to the nonprofit animal rescue
organization, Fix Our Ferals for
expenses incurred in the next fiscal year by offering free
trapping, spaying and neutering of Berkeley feral cats.
Contact:
Kate O’Connor, 981-6601
a.
From: City
Manager
Recommendation:
The recommendation of the Commission affects budget and/or other
programs.
Contact:
Jim Hynes, City Manager, 981-7012
Actions: Moved,
seconded, (Spring/Worthington) a main motion to approve the
Commission’s recommendations.
Moved,
seconded, carried (Shirek/Armstrong; Noes- Spring, Worthington;
Absent - Breland) a substitute motion to accept the City Manager’s
recommendation to refer to the budget process.
-
Humane
Commission Funding Recommendations (Held over by Spring from
05/21/02)
From: Councilmember Spring
Recommendation:
Approve the Commission’s funding recommendations for
FY2003.
Contact:
Councilmember Dona Spring, District 4, 981-7140
Action: Held over to the meeting of June 11, 2002.
-
Civic
Arts Grant Requests
From:
City Manager
Contact: Tom Myers, Economic Development, 705-8180
Action: Information Report received and filed.
Public
Hearing on Land Use Appeals
-
2517
Sacramento Street- (Continued only for limited purposes of
taking comment on any new proposal or modification of proposals to
the project as a result of mediation. At the meeting of May 28th the Council will
receive a staff report and may take action.)
a.
Appeal filed by Marie Bowman, appellant, of
the Zoning Adjustments Boards decision to approve a Mitigated
Negative Declaration and Use Permit 01-10000085 to: a) demolish an
existing commercial structure; and b) construct a four-story 40,171
square foot mixed-use building with 40 dwelling units above 3,620
square feet of retail space at 2517 Sacramento Street in the C-SA
(South Area Commercial) Zoning District.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b. City Manager Supplemental Report (to
be delivered)
Contact:
Carol Barrett, Planning and Development, 705-8102
c.
City Manager Report (see agenda packet
of May 7, 2002)
Recommendation:
Adopt a Resolution adopting a mitigated negative declaration
and approving Use Permit 01-10000085 to: a) demolish an existing
commercial structure, b) construct a four-story 40,171 square foot
mixed-use building with 40 dwelling units above 3,620 square feet of
retail space at 2517 Sacramento Street in the C-SA (South Area
Commercial) Zoning District, and c) dismissing the appeal.
Contact: Carol Barrett, Planning and Development, 705-8102
d.
Communications (see
agenda packet of May 7, 2002)
-
Honor
Thompson
-
Shari
Huebner
-
Rachel
Rupert, Berkeley Chamber of Commerce
-
Nancy
Bickel, Lois Brubeck, Jean Safir, League of Women Voters
-
Rachel
Peterson, Urban Ecology
e.
Communications (see agenda packet of March 19, 2002)
-
Howie
Muir
-
Nancy
Pearlman
-
Lisa
and Paul Gerrard
-
Leeyo
-
Richard
Entenman
-
Cara
Eisenberg
-
Marie
Bowman
-
Bill
Gutierrez
-
Donald
Martin
-
Rena
Rickles
-
Karl
Golden
-
Helene
Hunter
-
Rosemary
Hunter
-
Kevin
Zwick
f.
Communications (May 21, 2002)
-
Kevin
Zwick
-
Helen
Rippier Wheeler
-
Howie
Muir
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Actions: Moved, seconded, carried (Shirek/Worthington; Noes –
Dean; Abstain – Spring; Absent-Breland) to close the public hearing.
Moved,
seconded, carried (Shirek/Maio; Noes – Olds, Dean; Abstain – Spring;
Absent- Breland) to adopt Resolution No. 61, 596-N.S. upholding the
decision of the Zoning Adjustments Board to approve a Mitigated Negative
Declaration; approving the Use Permit as amended by Councilmember Hawley
with conditions and modifications that the parking layout be redesigned to
accommodate anywhere from two to five additional spaces and that the
egress on Dwight Way be eliminated; and dismissing the appeal.
(Councilmember Spring and Mayor Dean asked the record to indicate
their support of an alternative proposal (A-2).
Action
Calendar – Old Business
-
Consider
a Citywide 20 MPH Speed Limit in Residential Areas
(Held over by Olds from 3/12/02, 03/19/02, 04/23/02,
04/29/02 and 5/14/02)
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
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 the meeting of June 11, 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 and 5/14/02)
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 the meeting of June 11, 2002.
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Vandalized
Berkeley Hillel and Other Incidents Aimed at the Jewish Community
(Held over by Armstrong from 04/16/02, 04/23/02,
04/29/02 and 5/14/02)
From: Councilmember Worthington
Recommendation:
Follow up on our designation of
Berkeley as a hate free zone by bringing together representatives of
different groups and individuals that have been the target of hate
actions in Berkeley, in a city sponsored public event embracing all
the affected communities.
Contact:
Kriss Worthington, District 7, 981-7170
Action:
Revised by Councilmember Worthington to include offering a
reward of $5,000 per incident for the first two hate crime incidents
that are solved. Item
37 combined for discussion and action with Items 42 and 43.
-
Policy
on Zoning Project Notices (Held
over by Armstrong from 04/16/02, 04/23/02, 04/29/02 and 5/14/02)
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 the
meeting of June 11, 2002.
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Support
for New Auto Related Uses on University Avenue Contingent on a
Public Hearing (Held over by Hawley from 04/16/02, 04/23/0, 04/29/02
and 5/14/02)
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 the meeting of June 11, 2002.
-
Strengthening
The Creeks Preservation Ordinance
(Held over by Hawley from 04/23/02, 04/29/02 and
5/14/02)
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 the
meeting of June 11, 2002.
-
Densification
of Berkeley (Held
over by Maio from 05/14/02)
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:
Held over to the
meeting of June 11, 2002.
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Creating
a Hate Crimes Unit (Held
over by Maio from 05/14/02)
From:
Councilmember Worthington
Recommendation:
Refer to the City Manager and the Police Review
Commission several city models of creating a Hate Crimes Unit.
Also that the City Council send letters to our state
officials in support of the Local Law Enforcement Act (HR 134 and S
625).
Contact:
Kriss Worthington, District 7, 981-7170
Action:
Discussion
and action on Items 37, 42 and 43 were combined. See Item 43.
-
Hate
Crimes in Berkeley (Held
over by Maio from 05/14/02)
From:
Mayor Dean
Recommendation:
1) Endorse the decision of the Police Chief to a) assign
specific police personnel who will be accountable to investigate
hate crimes on a priority basis; and b) provide additional training
through the Anti-Defamation League to police personnel regarding all
aspects of hate crimes; 2) refer to the City Manager the possibility
of extending training through the ADL to other City employees at the
discretion of the City Manager, and on a voluntary basis to members
of commissions and the Council as space in the training group
allows; 3) request the City Manager maintain a database of
documented hate crimes that occur in Berkeley and advise Council
whenever a hate crime is added to the database, and involve other
local law enforcement agencies, such as the University of California
in the database; 4) refer to the City Manager a request that he work
with the Superintendent of the Berkeley Unified School District (BUSD)
on an anti-hate poster contest in our elementary schools; 5) request
the City Manager place an article in his next annual report, to be a
“Report to the Community” on what has been occurring in
Berkeley, the City’s response to it, and inviting the community to
participate in various ways to make Berkeley a Hate Free Community;;
6) refer the City Manager and appropriate commissions the
development and implementation of a comprehensive City program to
address hate crimes; and 7) report back to the Council on a periodic
basis on the development of such a program
Contact:
Shirley Dean, Mayor, 981-7100
a.
City Manager Information Report (added as Supplemental Item)
Contact: Dash Butler, Police Chief, 981-5700
Actions:
Discussion and
action on Items 37, 42 and 43 were combined.
Moved,
seconded, (Worthington/Spring) a substitute motion severed and voted
on as follows:
Failed
(Noes – Hawley, Olds, Shirek, Dean; Abstain – Armstrong; Absent
– Breland) to approve Item 37 as revised by Councilmember
Worthington.
Failed
(Noes – Hawley, Olds, Shirek, Dean; Abstain – Armstrong; Absent
– Breland) to approve Item 42.
Failed
(Noes – Hawley, Olds, Shirek, Dean; Abstain – Armstrong, Maio;
Absent – Breland) to approve Item 43 with an amendment by
Councilmember Worthington that the reference to identifying specific
training organizations be eliminated.
Failed
(Noes – Hawley, Olds, Shirek, Dean; Abstain – Armstrong; Absent
– Breland) to provide for a public event as requested by Vice
Mayor Shirek)
Moved,
seconded, carried (Armstrong/Hawley; Absent - Breland) a main motion
to refer to the City Manager for a proposal on how best to address
concerns raised by the Council and members of the community and
recommendations proposed in Items 37 as revised by Councilmember
Worthington, Item 42 and Item 43 with additional recommendations by
Councilmember Armstrong that the City attempt to do something
similar to the model used after September 11th to bring
people together in a peaceful manner; and including additional
recommendation by Vice Mayor Shirek that there be a public event to
receive public input; and additional recommendation by Councilmember
Maio that the proposal include school programs to address this
issue.
-
Lockers
for Homeless (Held over by Maio from 05/21/02)
From: City Manager
Recommendation:
Adopt a Resolution authorizing expenditures in an amount
not to exceed $39,000 to Shattuck Avenue Self-Storage to provide
lockers for use by individuals experiencing homelessness for the
period October 1, 2001 through September 30, 2002.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Moved to Consent Calendar by Councilmember Maio and
adopted Resolution No. 61,597-N.S. (Noes – Olds; Absent –
Breland) Councilmember
Maio requested the City Manager come back with less expensive
options prior to contract expiration in September and Mayor Dean
requested that the City Manager direct staff to meet with all
neighborhoods involved.
-
Contract:
Public Safety Building Tower Study (Held over
by Armstrong from 05/21/02)
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
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:
Councilmember Dona Spring, District 4, 981-7140
Action: Held over to the meeting of June 11, 2002.
-
Peace
and Justice Resolution Calling for an Injunction to Stop Oxidation
Incineration (Held over by Armstrong from 05/21/02)
From:
Councilmembers Spring, 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 the meeting of June 11, 2002 at the request
of the City Manager.
-
Support
for April 9th Protesters(Held over by Armstrong
from 05/21/02)
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 by Councilmember Worthington to the meeting of
June 11, 2002.
Action
Calendar – New Business
-
Grant
Application for Safe Routes To School
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a
grant application to CalTrans for $335,900 of Safe Routes to School
funds for traffic safety improvements at Malcolm X Elementary
School; and to execute any resultant agreements and amendments.
Contact: Peter Hillier, Transportation, 981-7000
Action: Moved to Consent Calendar by Councilmember Olds and
adopted Resolution No. 61,598-N.S. with an amendment by
Councilmember Worthington that the grant be increased by $25,000 for
educational purposes if feasible.
-
Policy
for the Naming of Public Facilities (CF 266-00)
From:
Parks and Recreation Commission
Recommendation:
Adopt a Resolution approving the proposed policy for the
naming and renaming of public facilities developed by the Parks and
Recreation Commission.
Contact:
Jay Kelekian, Secretary 981-6700
a.
From: City
Manager
Recommendation:
The City Manager takes no position concerning the
Commission’s recommendations.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
Action: Held
over to the meeting of June 11, 2002.
-
“Buy
Berkeley” Local Business Preference Program
(CF 192-00)
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Received and filed.
-
Bid
Solicitations And Request For Proposals
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Received and filed.
Action:
The following communications were read, noted and filed,
unless otherwise shown:
-
East
Shore State Park
-
Mark
Wieder
-
Dorothy
Headley
-
Shauna
Haines
-
Julia
Cato
-
Parking
in Berkeley
-
Weily
Soong Maio,
Spring
-
Conflict
in the Middle East
-
Dave
Love(9 communications)
-
Robert
Feldman
SUPPLEMENTAL
COMMUNICATIONS AND AGENDA REPORTS
Item
21 International
Market Place/Food District
-
Manjul
Batra, Past President UAA
Item
27 Potential
Ballot Measures – November 2002
-
Peter
Gaposchkin
Item
34 2517
Sacramento Street
-
Matt
Raimi
-
Rhiannon,
Oceanview Tenants Association
Item
41 Densification
of Berkeley
-
Howie
Muir
Item
46 Peace
and Justice Resolution Calling for an Injunction to Stop Oxidation
-
LA
Wood
Action:
Moved, seconded, carried (Armstrong/Olds) to
suspend Council Rules to extend the meeting to complete specific agenda
items.
Adjourned
at: 11:24
p.m.
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