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SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
JUNE 11, 2002
Preliminary
Matters
Roll Call: 7:11 p.m.
All present.
Ceremonial
Matters:
-
Awards
to be presented to “Berkeley Unplugged” Energy Conservation
Contest Winners
-
Proclamation
in honor of Amateur Radio Week
-
Proclamation
in honor of 27th Anniversary of Le Pena
Actions:
Presented awards and proclamations.
Comments
from the City Manager:
-
Introduced
Matt Nichols, Senior Transportation Planner
-
16th
Annual Juneteenth Festival is being held in South Berkeley this
Sunday, 11 a.m. to 6 p.m.
Statement
from Robin Wendt, EH&S Division Deputy, Tritium Labeling Facility,
Lawrence Berkeley National Laboratory:
Action:
The Mayor introduced Mr. Wendt, who read a statement that the
NTLF had completed its CCO Treatability Study on mixed waste samples and
had decided not to undertake two other treatability technologies on NTLF
waste samples, biodegradation and mediated electrochemical oxidation.
Comments
from the Public: 13 speakers.
Action:
The Council referred comments from several neighbors regarding the
negative impact of volunteer rescue group activities in a specific
neighborhood to the City Manager.
Consent
Calendar
Action: Moved, seconded, carried (Worthington/Breland) to adopt
the Consent Calendar in one motion except as indicated:
-
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. 61,599 –N.S.
-
Minutes
for Approval
From: City Manager
Recommendation: Approve
the minutes for Council meetings of: a) May 7, 2002 (adjourned
special; b) May 7, 2002 (special); c) May 14, 2002 (closed), d) May
14, 2002 (regular); (e) May 21, 2002 (regular); and f) May 28, 2002
(regular).
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action:
Approved minutes. (Abstain- Breland on May 28, 2002)
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Settlement
Agreement: Louise Laupersweiler, Warren Sharp and Liberty Mutual Fire
Insurance Company
From:
City Manager
Recommendation:
Adopt a Resolution approving the property damage settlement of Public
Liability Claim No. GHB 010292 submitted by Louise Laupersweiler,
Warren Sharp and Liberty Mutual Life Insurance Company in the amount
of $45,000.
Contact:
Manuela Albuquerque, City Attorney, 981-6900
Action:
Adopted Resolution No. 61,600–N.S.
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Increase
in the Household Very Low-Income Rebate Level
From:
City Manager
Recommendation: Adopt a Resolution amending Resolution No. 59,042-N.S., to
increase the very low-income exemption level from $21,000 to $29,800
for the Library Tax, Sanitary Sewer fees, Clean Storm Water fees, and
the Utility Users Tax on Cable Television.
Contact:
Fran David, Finance, 981-7300
Action:
Adopted Resolution No. 61,601–N.S.
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Purchase:
Turnouts
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an
annual purchase order with L.N. Curtis & Sons for the purchase of
turnouts (protective firefighting coats and trousers) in an amount not
to exceed $50,000 per fiscal year for up to five years beginning July
1, 2002.
Contract:
Reginald Garcia, Fire, 981-3473
Action:
Adopted Resolution No. 61,602–N.S.
-
Contract:
Mental Health Services
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manger to execute a
performance contract and any amendments with the State of California,
Department of Mental Health for the provision of mental health
services in accordance with California Welfare and Institutions Code
Section 5650 for FY 2001.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,603–N.S.
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Janitorial
Services at Mental Health Facilities
From:
City Manager
Recommendation:
Adopt a Resolution authorizing expenditures in an amount not to exceed
$31,155 to Pinnacle Environmental Services, Inc. for the provision of
janitorial services at 2636 and 2640 Martin Luther King, Jr. Way, and
at 1925 Derby Street for the period of July 1, 2001 through April 30,
2002 and approving waiver of the Living Wage Ordinance.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,604–N.S.
-
Contract:
Youth Energy Services
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
sole-source contract and any amendments with Rising Sun Enterprises to
provide youth energy services for the period from July 1, 2002 through
December 31, 2002 in the amount of $40,000.
Contact:
Stephen Barton, Housing, 981-5400
Action:
Adopted Resolution No. 61,605–N.S.
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Purchase:
Notebook, Desktop, and Server Computers
From:
City Manager
Recommendation:
Adopt two Resolutions authorizing the City Manager to sign letters of
participation with the Western States Contracting Alliance for the
purchase of Dell ($700,000) and Gateway ($150,000) computers for the
period July 1, 2002 to June 30, 2005.
Contact:
Chris Mead, Information Technology, 981-6500
Action:
Adopted Resolution Nos. 61,606–N.S and 61,607-N.S.
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Contract:
Network Infrastructure
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the agreement
with AMS.NET increasing the amount by $99,000 to cover the additional
purchase of network equipment and services, for a total amount not to
exceed $519,000 and extending the term to June 30, 2003.
Contact:
Chris Mead, Information Technology, 981-6500
Action:
Adopted Resolution No. 61,608–N.S.
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Contract:
Summer Food Service Program
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
a contract and any amendments with San Lorenzo Unified School District
to provide lunches and snacks to youth eighteen years and younger
through the California Department of Education Nutrition Services
Division, Summer Food Service Program for the period of June 17, 2002
through August 16, 2004 in an annual amount not-to-exceed $150,000.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action:
Adopted Resolution No. 61,609–N.S.
Mayor Dean asked the record to reflect appreciation for
staff’s efforts with improvements to the nutritional quality of the
food.
-
Contract:
Pedestrian/Bicycle Pathway at the Marina
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with 2M Associates for design services for the
Pedestrian/Bicycle Pathway at the Berkeley Marina for the term
beginning June 12, 2002 and extending through June 30, 2003 in an
amount not to exceed $163,873.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action:
Adopted Resolution No. 61,610–N.S.
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Redevelopment
Agency Budget (to
be delivered)
From:
City Manager
Recommendation: Adopt a Resolution adopting the annual budget for the
Redevelopment Agency for Fiscal Year 2003.
Contact:
Carol Barrett, Planning and Development, 705-8102
Action: Adopted
Resolution No. 61,611–N.S.
-
Contract:
Community Conservation Centers
From:
City Manager
Recommendation: Adopt a Resolution amending Resolution No. 59,830- N.S.
raising the annual expense caps relative to the contract with
Community Conservation Centers (CCC) to a cost not to exceed $400,000
and to rescind the five-year expense cap.
Contact:
Rene Cardinaux, Public Works, 981-6300 and Fran David, Finance,
981-7300
Action:
Adopted Resolution No. 61,612–N.S.
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Contract:
GASB 34 Infrastructure Valuation Services
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments with Harris & Associates for GASB 34
Infrastructure Valuation Services for June 12, 2002 to September 15,
2002 in an amount not to exceed $67,254.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No. 61,613–N.S.
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Contract:
Berkeley Bay Trail
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the
contract with Bauman Landscape, Inc. for additional and emergency
items of work for the Berkeley Bay Trail Project, by increasing the
amount by $800,000 and extending the contract time by 90 calendar
days.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Withdrawn by the City Manager.
-
Contract:
Maintenance for the Energy Management System of the Public Safety
Building
From:
City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with Pacific
Coast Trane Service
for maintenance services of the energy management system at the Public
Safety Building to increase the amount by $32,900 for a total not to
exceed $53,985 for the
period of July 1, 2002 through June 30, 2003; and further authorizing
the City Manager to execute any amendments necessary to approve an
option to extend the contract for four additional one-year periods up
to a maximum of five years, for a total amount not to exceed $196,000
for the entire agreement.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Removed from Consent Calendar by Councilmember Spring and held
over to June 25, 2002.
-
Contract:
Environmental Consultant Services for the Public Safety Building
Phase II, Demolition of Hall of Justice and Fire Administration
Building
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with ProTech Consulting and Engineering for
environmental consultant services for the Public Safety Building Phase
II, demolition of the Hall of Justice and Fire Administration Building
for the period of July 2002 to February 2003, for a total amount not
to exceed $35,000.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Removed from Consent Calendar by Councilmember Spring and held
over to June 25, 2002.
-
Contract:
Public Safety Building Phase II, Demolition of Hall of Justice and
Fire Administration Building
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to; 1) approve plans
and specifications for the Public Safety Building Phase II, Demolition
of Hall of Justice and Fire Administration Building; 2) accept the bid
of Evans Brothers Inc., and; 3) authorize the City Manager to execute
a contract and any amendments in an amount not to exceed $665,640.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Removed from Consent Calendar by Councilmember Spring and held
over to June 25, 2002.
-
Fee
Waiver: Berkeley Arts Festival
From: Councilmember Spring
Recommendation:
Adopt a Resolution 1) waiving the
sound and special event permit fees for the opening of the Berkeley
Arts Festival on Center Street between Oxford and Milvia on August 10th;
2) requesting that Center Street between Oxford and Milvia be closed
off to vehicular traffic and that the fees for that be waived; 3)
requesting that no parking signs be posted at all the metered spaces
on Shattuck between Allston Way and Kittridge Street so that musicians
and artists can perform in the parking bays and so that pedestrians
can have sidewalk access.
Contact:
Dona Spring, District 4, 981-7140
Action:
Adopted Resolution No. 61,614-N.S.
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Consolidation
of Legislative Agenda Items
From:
Councilmember Maio
Recommendation:
Adopt a policy that recommendations to
support State or Federal legislative bills be consolidated into one
item for those recommended for support, one item for those recommended
for opposition, so as not to overburden the agenda.
Contact:
Linda Maio, Councilmember District 1, 981-7110
Action:
Removed from Consent Calendar by Councilmember Hawley and held
over to June 25, 2002.
-
HERE
Local 2850 Boycott of Claremont Hotel
From:
Councilmembers Worthington and Maio
Recommendation:
Support HERE Local 2850’s boycott of the
Claremont Hotel.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170, Linda Maio,
Councilmember District 1, 981-7110
Action:
Approved recommendation.
-
Support
AB 1856, Unsolicited Junk Mail
From:
Councilmember Worthington
Recommendation:
Support AB 1856, which provides a way for
consumers to “opt-out” of receiving future mailings of unsolicited
junk mail.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
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Proclamation:
Lesbian Gay Bisexual Transgender and Questioning Pride Month
From:
Councilmember Worthington
Recommendation:
Support the proclamation to honor June as
Lesbian Gay Bisexual Transgender and Questioning Pride Month and
authorize the City Manager to fly the Rainbow Flag for the rest of
June.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approve proclamation for presentation on June 25, 2002.
-
Hate
Crime Immediate Response Plan
From: Councilmember Worthington
Recommendation:
Support the Hate Crime Immediate Response
Plan that includes:
1) Agreeing to schedule a town hall meeting to show support for hate
crime victims and developing a comprehensive plan for prompt effective
responses, and prevention;
2) offering a $5,000 reward to provide an incentive to get information
on two hate crimes that happened in Berkeley (if this works, consider
expanding to other hate crimes too);
3) endorsing the federal Hate Crimes Prevention Act HR 1343 and S 625;
4) committing to racial and religious diversity in the training team
to do hate crime training for Police Department, City staff, and
boards and commissions.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Removed from Consent Calendar by Councilmember Olds and held
over to June 25, 2002.
-
Proclamation:
12th Anniversary of the American with Disabilities
Act (to be delivered)
From:
Mayor Dean
Recommendation:
Approve a proclamation honoring the Americans with Disabilities Act of
1990 (ADA).
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Held over by Mayor Dean to the meeting of June 18, 2002.
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Proclamation:
Amateur Radio Week (to be delivered)
From:
Mayor Dean
Recommendation:
Approve a proclamation acknowledging Amateur Radio Week.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved and presented proclamation.
-
Proclamation:
27th Anniversary of Le Pena (to be delivered)
From:
Mayor Dean
Recommendation:
Approve a proclamation honoring the 27th anniversary of La
Pena.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved and presented proclamation.
-
Fee
Waiver: Summer
Productions by Shotgun Players (to
be delivered)
From: Mayor Dean
Recommendation:
Adopt a Resolution waiving fees
associated with the use of John Hinkel Park by the Shotgun Players.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Adopted Resolution No. 61,615–N.S.
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Assessment:
Elmwood Theater Business Improvement Area
From:
Advisory Board for the Elmwood Theater Business Improvement Area
Recommendation:
Adopt a Resolution: 1) approving the Annual Assessment Report for the
Elmwood Theater Business Improvement Area for Fiscal Year 2002; 2)
declaring an intention to levy annual assessments in the Improvement
Area for Fiscal Year 2003; and 3) setting a public hearing on the levy
of assessments for July 16, 2002.
Contact: Dave Fogarty, Secretary, 705-8184
a.
City Manager Report
Recommendation:
The City Manager concurs with the content and
recommendations of the Commission.
Contact:
Tom Myers, Economic Development, 705-8184
Action:
Adopted Resolution No. 61,616–N.S.
Public Hearing scheduled for July 16, 2002.
-
Assessment:
Telegraph Property and Business Improvement District
From:
City Manager
Recommendation:
Adopt a Resolution: 1) approving the Annual Assessment
Report on the Telegraph Property and Business Improvement District for
FY 2002; 2) declaring an intention to levy special assessments for FY
2003; and 3) setting a public hearing on the levy of assessments for
July 16, 2002.
Contact:
Tom Myers, Economic Development, 705-8184
Action:
Adopted Resolution No. 61,617–N.S.
Public Hearing scheduled for July 16, 2002.
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Policy
on National High Speed Rail
From:
Transportation Commission and Commission on Disability
Recommendation:
Adopt a Resolution supporting the National High Speed Rail concept and
communicating to the United States Congress the importance of
maintaining long distance passenger rail service in the United States.
Contact:
Paul Church, Secretary-Commission on Disability, 981-7000 and Peter
Hillier, Secretary-Transportation Commission 981-7000
a.
City Manager Report
Recommendation:
The City Manager concurs with the content and recommendations of
the Commission.
Contact:
Rene Cardinaux, Public Works, 981-6300 and Peter Hillier,
Transportation 981-7000
Action:
Adopted Resolution No. 61, 618–N.S.( Noes-Hawley)
-
Union
Pacific Railroad Regarding ADA Accessibility and a Multi-Use Path
From:
City Manager
Recommendation:
Approve sending a letter to Union Pacific Railroad to assist the City
in getting an ADA accessible platform and multi-use path at the rail
stop at the foot of University Avenue.
Contact:
Contact: Carol Barrett,
Planning and Development, 705-8102
Action:
Approved recommendation.
-
Agreement:
School of Nursing, University of California, San Francisco
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
agreement and any amendments with the University of California at San
Francisco, School of Nursing to provide nurse-practitioner students an
opportunity to obtain clinical experience under a list of Preceptor
Guidelines and Expectations at the Berkeley High School Health Center
effective as of April 1, 2002 .
Contact:
Fred Medrano, Health and Human Services, 981-5100
a.
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution finding that no reasonable alternative exists under
Section 12.90.070 of the Berkeley Municipal Code, the Nuclear-Free
Berkeley Act, for the agreement with the University of California, San
Francisco School of Nursing for the provision of nurse-practitioner
students to the Berkeley High School Health Center; and approving a
waiver of Section 12.90.070 of the Berkeley Municipal Code.
Contact:
Manuel Hector, Secretary, 981-5110
Action:
Adopted Resolution No. 61,619-N.S.
Action
Calendar - Appeals
-
Use
Permit and Variance 01-10000057 -
3000 Shasta Road
a.
Appeal filed by Mr. Sanford M.
Skaggs, Attorney, representing Mr. And Mrs. Cukor of the Zoning
Adjustments Board decision of March 14,2002, approving the project.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
Appeal filed by Irene Winston of
the Zoning Adjustments Board decision of March 14,2002, approving the
project.
Contact: Sherry M. Kelly, City Clerk, 981-6900
c.
City Manager Report
Recommendation: Set
a public hearing on the Zoning Adjustments Board decision to approve the
following permits: 1) Use Permit to construct and operate a fire station
in the R-1 Single Family Residential District; 2) Use Permit to allow
parking within the required front yard; 3) Variance to allow an
approximately 36 foot wide driveway at the property line at 3000 Shasta
Road.
Contact: Carol Barrett, Planning and Development, 705-8102
d.
Communications
-
David
and Marilyn Nasatir
-
Barbara
Gilbert
-
David
J. Ourisman
-
Alyce
Tom
-
George
Leitmann
-
John
Panozzo
-
John
and Jane Dang
-
Julie
Stokstad
-
Katharine
Young
-
Marie
Wilson
-
Patricia
Scott
-
Lawrence
and Vivian Talbot
-
Robert
Flasher
-
Tom
& Marge Madigan
-
Harold
Wilensky and Mary Sharman
-
Joanne
Kerbavaz, Alameda & Contra Costa Counties CA Native Plant Society
-
Annie-May
de Bresson
-
Polly
Robbins White
-
Lauren
Armstrong
-
Collin
Murphy
-
Vonnie
Gurgin
-
Priscilla
Birge
-
Louise
Larson
Actions:
Moved, seconded, failed (Worthington/Spring; Noes –
Armstrong, Hawley, Maio, Olds, Shirek, Dean; Abstain - Breland) a
substitute motion to approve the decision of the Zoning Adjustments Board
and deny the appeal.
Moved,
seconded, carried (Olds/Maio; Abstain – Worthington) a main motion to
set the matter for a public hearing on July 16, 2002.
Action
Calendar - Budget
The
City Council may present proposed amendments at this meeting. The City Council will conduct a public hearing on June 18,
2002 on the City Manager’s proposed budget and any amendments proposed
by the Council. The Council
will adopt the FY 2003 budget at the meeting of June 25, 2002.
-
FY
2002 and FY 2003 Budget Discussion and Council Direction
a.
City Manager Information Report
Contact:
Paul Navazio, City Manager, 981-7000
Action:
Received and filed.
b.
Presentation of City Council proposed Amendments to the City
Manager’s proposed Budget (to
be delivered)
Action: Moved,
seconded, carried (Maio/Spring; Absent – Worthington) to refer to
the City Manager a request that staff make a recommendation on how to
fund a basic Green Program, including consideration of increasing
fees.
b1.
Budget Referral: Accessible Stage for City Sponsored Festivals,
Events, and Celebrations
From: Councilmember Worthington
Recommendation:
Refer to the City Manager and the budget
process support for possible funding for a City owned accessible stage
for City sponsored festivals, events and celebrations
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Moved, seconded, carried (Spring/Breland; Absent –
Worthington) to refer to the budget process and to the Commission on
Disability.
b2.
Budget Referral: The Arts
and Crafts Cooperative Inc.
From: Councilmember Spring
Recommendation:
Refer to the budget process the request from The Arts and
Crafts Cooperative, Inc. for up to $22,000 for assistance in making
their restroom wheelchair and ADA accessible.
Contact: Dona Spring, Councilmember District 4, 981-7140
Action:
Moved, seconded, carried (Spring/Breland; Absent –
Worthington) to refer to the budget process and to the Commission on
Disability.
c.
Sewer Service Fees (held
over from 05/21/02 and 05/28/02)
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
Action:
Moved, seconded, carried (Spring/Maio) to adopt first reading
of Ordinance and Resolution No. 61,620-N.S. amended to include the
Citizens Budget Review Commission’s recommendation that there be
improved methods for collecting and tracking data. Second reading of Ordinance scheduled for June 18, 2002.
c1.
From: Citizens Budget Review Commission
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 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:
Approved recommendation 4 as part of 36c.
d.
Allocation of Animal Services Budget
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:
Held over to June 25, 2002.
d1.
From City Manager
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:
Held over to June 25, 2002.
d2.
Humane Commission Funding Recommendations (Held over by Spring
from 05/21/02 and 05/28/02)
From: Councilmember Spring
Recommendation:
Approve the Commission’s funding recommendations for FY
2003.
Contact:
Councilmember Dona Spring, District 4, 981-7140
Action:
Held over to June 25, 2002.
Action
Calendar – Ballot Measures
-
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.
Contact:
Sherry Kelly, City Clerk, 981-6900
Action:
Moved, seconded, failed (Spring/Maio; Noes – Armstrong,
Hawley, Olds, Shirek, Dean) to approve placing this measure on the
ballot.
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:
Moved, seconded, failed (Armstrong/Hawley; Noes – Breland,
Maio, Spring, Worthington; Abstain – Shirek) to approve placing this
measure on the ballot.
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:
No action taken.
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:
Moved, seconded, failed (Spring/Maio; Noes – Armstrong,
Breland, Olds, Shirek, Dean; Abstain – Hawley) to approve placing
this measure on the ballot.
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:
No action taken.
c.
Ballot Measures – November 2002, Review and Comment on Title and
Analyses (to
be delivered)
From:
City Manager
Recommendation:
1) Review and comment on the ballot titles, City Attorney
analyses and text of ballot measures related to:
1) amendment of the Waterfront Plan (Measure Q); 2) special tax
to fund maintenance and installation of pedestrian safety improvements
and streetlights; 3) a general obligation bond to fund a new animal
shelter; and 4) a general obligation bond to fund the seismic retrofit
of Old City Hall.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
Actions: Moved,
seconded, carried (Maio/Armstrong; Noes – Shirek) to approve the
ballot title and text and making comment on the City Attorney’s
analysis for the Waterfront Plan.
Moved,
seconded, carried (Armstrong/Worthington; Noes – Shirek,
Worthington) to direct staff to draft language for a measure that
would provide for $400,000 to cover the deficit in the street lighting
fund.
Moved,
seconded, carried (Armstrong/Worthington; Noes –Olds, Shirek) to
direct staff to draft language for a measure that would provide for $1
million for pedestrian safety improvements.
Discussion
on ballot measures for Animal Shelter and Old City Hall held over to
June 25, 2002.
d.
Ballot Measure - Warm Water Pool
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: Held
over to June 25, 2002.
e.
Ballot Measure – Property Transfer Tax for Affordable Housing
From:
City Manager
Recommendation:
Provide direction to the City Manager on the proposed measure to raise
the property transfer tax to fund, preserve and protect affordable
housing.
Contact:
Phil Kamlarz, City Manager, 981-7000
Action:
Held over to June 25, 2002.
f.
Ballot Measure – Charter Amendment for Elected Officials
Salary Increase
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, Councilmember District 4, 981-7140
Action:
Held over to June 25, 2002.
-
General
Bonded Debt Analysis Information Report (to be delivered)
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Received and Filed.
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, 5/14/02 and 05/28/02)
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
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 June 25, 2002.
-
Assisting
Afghan Victims of the Devastating Earthquakes
(Held over by Breland from 04/16/02,
04/23/0, 04/29/02, 05/14/02 and 05/28/02)
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 June 25, 2002.
-
Policy
on Zoning Project Notices (Held
over by Armstrong from 04/16/02, 04/23/02, 04/29/02, 05/14/02 and
05/28/02)
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 June 25, 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 and 05/28/02)
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 June 25, 2002.
-
Strengthening
the Creeks Preservation Ordinance
(Held over by Hawley from 04/23/02, 04/29/02, 5/14/02
and 05/28/02)
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 June 25, 2002.
-
Densification
of Berkeley (Held
over by Maio from 05/14/02 and 05/28/02)
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 June 25, 2002.
-
Contract:
Public Safety Building Tower Study (Held over by
Armstrong from 05/21/02 and 05/28/02)
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 June 25, 2002.
-
Peace
and Justice Resolution Calling for an Injunction to Stop Oxidation
Incineration (Held over by Armstrong from 05/21/02 and
05/28/02)
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
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
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 June 25, 2002.
Support
for April 9th Protesters (Held over by Armstrong
from 05/21/02 and 05/28/02)
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 June 25, 2002.
Sidewalk
Food Vending (first reading
May 21, 2002 – Noes – Breland, Maio, Spring, Worthington)
(held over by Worthington from 05/28/02)
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: Held over
to June 25, 2002.
Commission
Input on Ten-Year Review of Bayer Development Agreement
From: Councilmember Spring (held
over by Olds from 05/28/02)
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:
Moved, seconded, carried (Breland/Armstrong; Noes – Spring,
Worthington) to ask the Commissions to submit any concerns or
questions in writing to Bayer and to the Council prior to Bayer’s
presentation to the Council. Councilmember
Spring asked the record to reflect that she believed the commissions
should be included in the presentation.
Policy
for the Naming of Public Facilities (CF 266-00)
(held over from 05/28/02)
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 June 25, 2002.
Action
Calendar – New Business
-
Long
Term Parking Solutions Study for the West Berkeley Area (to be
delivered)
From:
City Manager
Recommendation:
Adopt a Resolution: 1) approving the recommendations of the 2002
Parking Solutions Report for the West Berkeley Area bounded by Dwight
Way, Carleton Street and San Pablo Avenue; and 2) authorizing the City
Manager to exercise the option to extend the lease for a 65 space
parking lot on streets through 2007, as provide for in the Lease
Agreement with Bayer Corporation.
Contact:
Peter Hillier, Transportation, 981-7000
Action:
Moved to the Consent Calendar by Councilmember Maio and adopted
Resolution No. 61,621–N.S.
-
Ban
on Purchase of Arsenic, Pentachlorophenol, and Creosote Treated Wood
(CF161-01)
From:
Community Environmental Advisory Commission
Recommendation:
Adopt a Resolution adopting policies and taking action to prohibit
purchase of penachlorophenol, arsenic and creosote - treated wood
(treated wood) by all City departments and require that any proposed
exception to this purchasing policy be referred to Community
Environmental Advisory Commission (CEAC) for review and comment.
Contact:
Nabil Al-Hadithy, Secretary, 705-8155
a.
From:
City Manager
Recommendation: Adopt a substitute Resolution to allow the use of treated
wood for a limited time for maintenance of structures on or in water.
Contact:
Carol Barrett, Planning, 705-8101
Action:
Held over to June 25, 2002.
Information
Reports
-
Grant
Update: Proposition 12 - Murray-Hayden Urban Parks and Youth Service
Grant Program
From:
City Manager
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action:
Withdrawn by the City Manager.
-
Formal
Bid Solicitations and Request for Proposals
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Received and Filed.
-
Transfer
of Control of AT&T Cable Franchise to Newly-Formed AT&T
Comcast Corporation.
From:
City Manager
Contact:
Chris Mead, Information Technology, 981-6500
Action:
Received and Filed.
-
Six
Eleven-611 Hate Crime Emergency Action Response Team
From:
Councilmember Worthington
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Received and Filed.
Communications
Action: The following
communications were read, noted, and filed, unless otherwise noted:
Page
-
2517
Sacramento Street Spring
-
Shari
Huebner
-
Creek
ordinance
Breland, Spring, Dean
-
Juliet
Lamont
-
Tritium
waste treatment at LBNL
-
Richard
Wiebe and Tobey Wiebe
-
2700
San Pablo Avenue
-
David
Snipper
-
Berkeley
Community Media Dean
-
Miles
Levinkind
-
Rental
Housing Safety Program
-
Peggy
Schioler
-
Juvenile
Justice Facility in Dublin
-
Scott
Haggerty, President, Alameda County Board of Supervisors
-
Maris
Arnold
-
Disability
issues Spring, Dean
-
Michael
Minasian (3 letters)
-
Police
misconduct
-
Anne
Marselis
-
Middle
East conflict
-
Dave
Love (7 letters)
-
Civil
liberties
-
Leuren
Moret
-
Boom
cars Maio, Spring, Dean,
Breland, Dean
-
Alden
Jenks, Alcatraz Avenue Neighborhood Association
-
Green
Building Program Maio,
Spring
-
Christina
Manansala & Jack West
-
Michael
Gabel
-
April
9th protesters
-
Maxine
Davis
-
Fire
Department inspection fee billing system Dean
-
B.A.
Jones
-
Traffic
Breland, Dean
-
Terry
Cochrell
-
Eastshore
State Park
-
Charlotte
Riegle
-
Peter
Sely
-
Development
in Berkeley
-
Howie
Muir (2 letters)
-
Patrick
Kennedy
-
Ohlone
Park play structures and paths Spring,
Dean
-
Sasha
Futran
-
Crime
in south Berkeley Breland,
Dean
-
Sam
Herbert
-
Incident
at Alta Bates Breland
-
QLMC
SUPPLEMENT COMMUNICATIONS AND AGENDA REPORTS
Item
52: Ban on Treated Wood Report
22
Revised recommendation from Community Environmental Advisory
Commission
Item
39: Citywide 20 MPH Speed Limit in Residential
Areas
23
Revised recommendation from Mayor Dean
Item
29: Summer Productions by Shotgun
Players Fee Waiver
24
“To be delivered” Report from Mayor Dean
Item
35: 3000 Shasta Road Fire Station
25
-
Eric
Rakowski, Yen Trac
-
Professor
Erwin and Natalie Hahn
-
Laurie
Stevens and La Dell Dangerfield III
-
Roger
Hamilton
-
Frank
Norick and Donna Garaventa
-
Helen
Lewy
-
Austin
Olson
-
Sibyl
Donn
-
Surinder
Brar
-
Betty
and Frank Saarni
-
Gay
Rose Soque
-
Nancy
Brenner
-
Cary
and Denise Lapidus
-
Robert
and Barbara Allen
-
Jerome
and Joy Carlin
-
Hung-Hsi
Wu
-
June
Jirhirin
-
Thom
Seaton
-
Patricia
Wong
-
Baird
and Mary Ann Whaley
-
Geraldine
Stokes
-
Genevieve
Dreyfus
-
Jane
and James Ware
-
Bruce
Smith
-
Ralph
and Bessie Gish
-
Alice
Kahn
-
Barbara
and Ray Addicott
-
Lynn
Richards
-
Thomas
and Jeanne Olson
-
Rita
Friedman
-
Ruth
Maguire
-
Juliann
Beckendorf
-
Thomas
Cline and Barbara Meyer
-
Richard
and Linda Scheffer
-
Margareta
and Carlo Sequin
-
Alan
and Sharonn Gittelsohn
-
Gerd
Rosenblatt
-
Bruce
Ackerman
-
Nirmal
Das
-
Hildegarde
Wilson
-
Mary
Lou Chapman
-
Steven
Beckendorf
-
William,
Suzanne and Bradford Berry
-
Jack
Washburn
-
Lawrence
Stark
-
Zvezdelina
Stankova
-
Kuniko
Weltin-Wu
-
Stanley
Michael
-
Alison
Greene and Don Moats
-
Pat
Wadleigh
-
David
Baer Tierkel
-
Robert
and Barbara Allen
-
Catherine
Dower
-
Victoria
Belco
-
John
McCarthy
-
Marc
and Jan Rieffel
-
Joan
Lester
-
Sidney
and George Ferrell
-
Natalie
and Ferdianand Leimkuhler
-
Nelson
and Kathy Graburn
-
Charlotte
Rieger
-
Cathy
and Jack Romanski
-
Edgar
Knobloch
-
Ruth
Gorevin
-
Jean
Atthowe
-
Betty
Parsons
-
Lucy
Campbell
-
Harry
and Kathleen Heckman
-
Frank
and Bliss De Natale (2)
-
Harold
and Amy Bush
-
Paul
and Marnie Peterson
-
Howard
Gruber
-
Alice
Gruber
-
Rex
Dietderich
-
George
Leonoff
-
Audrey
Sabol
-
Elizabeth
Pulling
-
Jim
Lunt
-
Georjana
Barnes
-
David
Drubin
-
Jeanne
Mueller
-
Barbara
Hirschlee
-
Patricia
DiRubbo
-
Ted
Johnston
-
Ehtel
and Wallace MacMillan
-
Wosene
Worke Kosrof
-
Jacque
Ensign
-
Jay
Claiborne
-
Nancy
Steele
-
Joseph
Deuere
-
Elizabeth
Deuere
-
Penelope
Hanan-Dahmen
-
Gloria
Bowles
-
Jeanne
and Joseph Landisman
-
Rhea
Garboos
-
Winston
Thomas
-
Kirk
Mitchel
-
Harold
and Amy Bush
-
Carol
Shon
-
Kate
Frankel
-
Casey
Drubin
-
Dr.
Glen Keator
-
Wayne
Curt Huber
-
Milton
and Dorothy Mozen
-
Sun
Family
-
Beatriz
Manz and Harley Shaiken
-
Reiko
Weltin
-
Judith
and Joseph Workman
-
Bill
McClung
-
Katherine
Rendahl and Donald Rio
-
Clarence
and Carol Weinmann
-
Fire
Safety Commission
Item
19: Public Safety Building Phase II
26a
Communications from MAAGNA
26b
Communications from MAAGNA
Item
46: National Tritium Labeling Facility
27
Leuren Moret Maio
Item
36: Berkeley Humane Commissions 2002 Funding
28
Cindi Goldberg Spring
Item
37: Property Transfer Tax
29
Laurie Bright
Item
48: Food Vending Ordinance
30
Ari DaSilva (2) Breland
Adjournment
Actions:
Moved, seconded, carried (Spring/Maio) to waive Council Rules
to extend the meeting to 11:30 p.m. Moved,
seconded, carried (Worthington/Spring) to waive Council Rules to extend
the meeting to 11:45 p.m.
Adjourned
at 11:45 p.m.
|
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