Regular Meeting eSummary
February 11
, 2003

printer friendly pdf

Printer-friendly PDF* summary: (12 KB)

 

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

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

SUMMARY

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, FEBRUARY 11, 2003 – 7:00 p.m.

City Council Chambers, 2134 Martin Luther King, Jr. Way.

 

Preliminary Matters

Roll Call:  7:13 p.m., All Present

Ceremonial Matters: Presented Proclamation recognizing February 2nd to February 8th as International Coaching Week; Honoring Berkeley Heroes – Lori Gitter and Friends of Greg
Action:  Proclamations presented.

Comments from the City Manager:  The City Manager announced that the City Clerk has been awarded the James Madison Freedom of Information Award by the Northern California Association of Professional Journalists for her initiatives and accomplishments in promoting online access to Berkeley government information.

Comments from the Public:  13 Speakers.

Comments from Youth:  2 Speakers.

Consent Calendar

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

1.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of: a) January 14, 2003 (regular); b) January 21, 2002 (special); c) January 21, 2003 (regular); and d) January 28, 2002 (special).

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Approved minutes. (Abstain – Breland on January 28, 2003 special)

2.      Needle Exchange Emergency Distribution (PDF, 159 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the 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. 61,918-N.S. (PDF, 100 KB)

3.      Contract: Indexed Level 1959 Survivor Benefit for Fire Employees (PDF, 889 KB)

From: City Manager

Recommendation:  1) Adopt a Resolution of Intention to amend the City’s contract with the California Public Employee’s Retirement System (CalPERS) to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only; and 2) adopt first reading of an Ordinance to amend the City’s contract with CalPERS to provide the Indexed Level of 1959 Survivor Benefit as set forth in California Government Code Section 21574.5 for local fire employees only to be effective April 13, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Adopted Resolution No. 61,919-N.S. (PDF, 538 KB) and adopted first reading of Ordinance. Second reading scheduled for February 25, 2003.

4.      Equity Salary Adjustment for Forestry Technician Classification (PDF, 256 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending the Classification/Salary Resolution No. 61,807–N.S. to provide an equity salary adjustment of 10% for the Forestry Technician Classification in Unit D, SEIU Local 790, to be implemented over a two-year period beginning January 5, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Breland) to adopt Resolution No. 61,920-N.S. (PDF, 141 KB)

5.      Establish the Library Financial Manager Classification (PDF, 1 MB)

From: City Manager

Recommendation:   Adopt a Resolution amending Resolution No. 61,812–N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Library Financial Manager in Unit Z2, Confidential Professional Classifications, and amending Resolution No. 61, 840–N.S., to abolish the classification of Departmental Administrative Officer in Unit P1, Local One, Professional Supervisory, effective June 25, 2000.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Breland) to adopt Resolution No. 61,921-N.S. (PDF, 166 KB)

6.      Side Letter of Agreement with SEIU Local 790 (PDF, 393 KB)

From: City Manager

Recommendation:  Adopt two Resolutions 1) authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 790 to modify section 11.1.2 (Salary Resolution) of the Memorandum Agreement; and 2) approving an amendment to Resolution No. 61,807–N.S., Classification and Salary Resolution for SEIU Local 790 Employees, to increase the salary range for the Senior Police Service Assistant (Senior PSA) classification by $100 per month effective July 7, 2002.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Adopted Resolution No. 61,922-N.S. (PDF, 137 KB) and Resolution No. 61,923-N.S. (PDF, 126 KB)

7.      Establish the Housing Authority Representative Classification and Abolish the Housing Assistance Representative Classification I and II (PDF, 494 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61, 805–N.S., Classification and Salary Resolution for SEIU, Local 535, to establish the Housing Authority Representative classification, effective January 5, 2003, and to abolish the Housing Assistance Representative I and II classifications no later than June 30, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Breland) to adopt Resolution No. 61,924-N.S. (PDF, 171 KB)

8.      Contract:  Sanitary Sewer Replacement Project (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution:1) approving plans and specifications for the Sanitary Sewer Project located at Hillegass Avenue, Bateman Street, Dana Street, Webster Street, Regent Street, Prince Street, Dowling Place, Durant Avenue, Channing Way, Heinz Avenue, and Mabel Street; 2) accepting the bid of McNamara and Smallman Construction, Inc.; and 3) authorize the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,132,690 for the period of 220 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,925-N.S. (PDF, 135 KB)

9.      Purchase Order: Containers for Solid Waste Services (PDF, 344 KB)

From: City Manager

Recommendation:  Adopt a Resolution accepting a bid from McLaughlin Refuse Equipment, Inc for front-loading and rear-loading containers for solid waste services in an amount not to exceed $86,000 per year for fiscal year 2003 through fiscal year 2007.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,926-N.S. (PDF, 69 KB)

10.  All-Way Stop at Hearst Avenue and Second Street (PDF, 244 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the placement of stop signs on Hearst Avenue at Second Street, in addition to the existing stop signs on Second Street at Hearst Avenue, as part of an initiative to increase pedestrian safety for the day laborer pick-up system in the neighborhood.

Contact: Peter Hillier,Transportation, 981-7000

Action:  Adopted Resolution No. 61,927-N.S. (PDF, 86 KB)

11.  Grant: State Office of Traffic Safety Grant for Crosswalk Safety Project (PDF, 217 KB)

From: City Manager

Recommendation:  Adopt a Resolution accepting from the State Office of Traffic Safety (OTS) a $68, 500 grant for a crosswalk safety project for the period December 1, 2002 to November 30, 2003.

Contact: Peter Hillier,Transportation, 981-7000

Action:  Adopted Resolution No. 61,928-N.S. (PDF, 96 KB)

12.  Appointment to Alameda County Mosquito Abatement District (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Mosquito Abatement District for a two-year term.

Contact:  Sherry Kelly, City Clerk, 981-6900

Action:  Adopted Resolution No. 61,929-N.S. (PDF, 96 KB)

13.  Proclamation: 75th Anniversary of the Berkeley Children’s Community Center (PDF, 98 KB)

From: Councilmember Hawley

Recommendation: Approve a proclamation: 1) honoring the 75th Anniversary of the Berkeley Children’s Community Center; 2) declaring March 1st as Children’s Community Center Day; and 3) presenting the proclamation at the February 25, 2003 meeting.

Contact:  Miriam Hawley, Councilmember District 5, 981-7150

Action:  Approved proclamation.

14.  Proclamation: Media Democracy Week and Berkeley Community Media (PDF, 137 KB)

From: Councilmember Hawley

Recommendation:  Approve a proclamation declaring March 16th to 22nd as Media Democracy Week, and presenting it to representatives from the Berkeley Community Media staff and Board at the March 18, 2003 meeting.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

Action:  Approved proclamation.

15.  Raising the Tibetan Flag in Solidarity with the Tibetan People (PDF, 75 KB)

From: Councilmember Worthington

Recommendation:  Allow the Tibetan flag to be raised on the City flagpole on March 10, 2003 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Approved recommendation.

16.  Segway Human Transporter on Sidewalks and in Bike Lanes and Boulevards (PDF, 339 KB)

From: Councilmember Worthington

Recommendation:  Refer to City Manager, Transportation Commission, Commission on Aging, and Commission on Disability a moratorium for Segway Human Transporter on sidewalks.  Also, refer feasibility of Segway Human Transporter for use in approved locations in bike lanes and bicycle boulevards, as well as conditions for use by persons with disabilities.  There may be a deadline of February 28, 2003 set by the state that according to some interpretations may indicate the time in which cities have the right to adopt ordinances with respect to time, place, and manner for Segway devices.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Worthington/Maio; Absent – Maio) to approve the recommendation.

17.  Freedom to Marry  (PDF, 156 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution: 1) declaring February 12th as Freedom to Marry Day and 2) urging the state legislature and Governor Davis to end discrimination against lesbian, gay, bisexual, and transgendered people and their families by removing references to sex and gender as eligibility requirements for a civil marriage license and by enacting a law providing for equal access to marriage and all of its legal benefits and obligations by persons, regardless of sex, gender identity or sexual orientation.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Adopted Resolution No. 61,930-N.S. (PDF, 120 KB) (Noes – Breland)

18.  Proclamation: Berkeley Cub Scout Pak 30; Support for Gay Scouts and Leaders within Scouting (PDF, 262 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation honoring Berkeley Cub Scout Pak 30 and local church leaders’ support for gay scouts and leaders within scouting and declaring February 23rd as Berkeley Cub Scout Pak 30 Day.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Removed from the Consent Calendar by Councilmember Olds and held over to the February 18, 2003.

19.  Proclamation: Medical Marijuana Awareness Week (PDF, 128 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation declaring February 15th to February 22nd as Medical Marijuana Awareness Week.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Worthington/Spring; Abstain – Olds) to approve the proclamation.

20.  Sites for Bus Shelter Installation (PDF, 283 KB)

a.     From: Transportation Commission

Recommendation:  Endorse the proposed 13 shelter sites as part of Phase III of the Bus Shelter Project, which are not on the original Council approved master list from April 2000, as recommended by the Transportation Commission at their December 19, 2002 meeting.

Contact: Peter Hillier, Secretary, 981-7000

b.     From: City Manager

Recommendation: The City Manager concurs with the content and recommendations of the Commission.

Contact:  Peter Hillier, Director, 981-7000

Action:  Approved recommendation.

Action Calendar - Public Hearing

21.  Denial of Use Permits – 1155 Hearst Avenue (This public hearing was continued from December 17, 2002 for the limited purposes of receiving testimony only on new issues raised and to receive a report from staff on various matters raised by councilmembers. Staff is recommending that the Council not take any public comment tonight, but rather continue the hearing to the March 18, 2002 meeting.)

From: City Manager  (Report of February 11, 2003) (PDF, 139 KB)

Recommendation:  Without taking public testimony, continue the public hearing to the March 18, 2003 meeting to allow staff additional time to collect and analyze the information requested by the Council on December 17, 2002.

Contact:  Carol Barrett, Planning, 981-7400

Action:  Moved to the Consent Calendar by Councilmember Worthington.  Public Hearing continued to March 18, 2003.

Action Calendar – Old Business

22.  Appeal of Structure of Merit Designation at 2514-2516 Benvenue Avenue (PDF, 305 KB)

From: City Manager

Recommendation:  Adopt a Resolution overturning the decision of the Landmarks Preservation Commission to designate the buildings at 2514 and 2516 Benvenue Avenue as Structures of Merit.

Contact:  Carol Barrett, Planning, 981-7400

Action:  Moved, seconded, carried (Breland/Olds; Noes – Worthington, Wozniak; Abstain – Spring) to adopt Resolution No. 61,931-N.S. (PDF, 290 KB)

23.  Establish the General Services Manager Classification  (PDF, 543 KB) (Removed from Consent Calendar by Councilmember Olds on January 14, 2003)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No 61,840–N.S., Classification and Salary Resolution for Local One Employees, to establish the classification of General Services Manager with a salary range of $5,935 to $7,229, effective January 1, 2003 and abolishing the classification of Purchasing Manager.

Contact: Nicki Spillane, Human Resources, 981-6807

Action:  Moved, seconded, carried (Worthington/Breland) to adopt Resolution No. 61,932-N.S. (PDF, 126 KB)

Action Calendar – New Business

24.  Conduct at Commission Meetings (CF-116-02) (PDF, 493 KB)

From: City Manager

Recommendation:  Direct the City Manager to 1) draft a Resolution that establishes “standards of conduct” amending the Commissioner’s Manual for both Commissioners and the public, similar to those described in the Council Rules of Procedure and Order; 2) implement one or more additional recommendations in Attachment 1 to improve conduct at meetings; 3) seek input from commissions regarding any proposed recommendations concerning (1) and (2) above; and 4) make recommendations to the Council regarding (1) and (2) after consideration of commission input as provided in (3).

Contact: Arrietta Chakos, City Manager, 981-7000

Action:  Moved, seconded, carried (Wozniak/Shirek) to approve recommendation with recommendation (2) amended to read: “direct the City Manager to return to Council with one or more additional recommendations to improve conduct at meetings as part of the resolution.”

25.  Contract: Environmental Impact Report -711 Harrison Street – BOSS Homeless Shelter (PDF, 3 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Baseline Environmental Consulting for an Environmental Impact Report (EIR) for an environmental impact report for expansion of the 711 Harrison Street homeless shelter in an amount not to exceed $70,000 for the approximate period of February 12, 2003 through December 31, 2003.

Contact: Carol Barrett, Planning, 981-7400

Action:  Moved to the Consent Calendar by Councilmember Olds.  Adopted Resolution No. 61,933-N.S. (PDF, 80 KB)

26.  Support Communities for A Better Environment Lawsuit (PDF, 397 KB)

a.     From: Community Environmental Advisory Commission

Recommendation:  1) Support Communities For A Better Environment.(CBE) work for Bay protection, health protection, and environmental justice; 2) contribute funds or in-kind services to support CBE’s technical and organizing work toward their case against the State Water Resources Control Board and California Regional Water Quality Control Board; and 3) file a Friend of the Court brief on behalf of CBE.

Contact: Nabil al-Hadithy, Secretary, 981-7461

b.     From: City Manager

Recommendation:  Take no action on the request from the Commission to provide $20,000 funding and for the City to file an amicus curiae brief on behalf of Communities For A Better Environment.

Contact: Carol Barrett, Planning, 981-7400

Action:  Moved, seconded, carried (Olds/Wozniak; Absent – Worthington) to approve the City Manager recommendation and to inform CBE that the City would consider supporting an amicus brief if one is filed.

27.   Rescind the City of Berkeley Police Department’s Training and Information Bulletin #278, Related to Service Animals

a.     From: Commission on Disability (PDF, 837 KB)

Recommendation:  1) Rescind the Berkeley Police Department’s Training and Information Bulletin Number 278 (TIB #278) regarding permissible inquiries of people who use service animals; 2) direct the Berkeley Police Department to work with the Commission on Disability and staff to prepare and write all policies regarding people with disabilities; and 3) ensure that no policy or issue regarding disability concerns be implemented without first being reviewed by the Commission before referral to Council.

Contact: Paul Church, Secretary, 981-6342

b.     From: Police Review Commission (PDF, 2.6 MB) (Removed from Reports for Information by Councilmember Spring on December 10, 2002)

Information Report

Contact: Barbara Attard, Secretary, 981-4960

c.     From: City Manager (PDF, 306 KB)

Recommendation:  Retain the Police Training and Information Bulletin #278 “Service Animals –Permissible Inquiries” as is.  With regard to the Commission on Disability recommendations numbers 2 and 3, departments should continue to consult with the Commission on Disability on programs and polices that target the disabled community, prior to implementation.

Contact: Rene Cardinaux, Public Works, 981-6300

Actions:  Moved, seconded, failed (Spring/Worthington; Noes – Breland, Shirek, Hawley, Olds, Wozniak) to approve the recommendation of the Commission on Disability with amendments by Councilmember Worthington.

Moved, seconded, carried (Shirek/Olds; Noes – Spring, Worthington) the City Manager recommendation.

Information Reports

28.  Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance in the Next 30 Days (PDF, 316 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action:  Received and filed.

29.  Status Report on the Bicycle and Pedestrian (BAPS) Task Force Report (CF-176-02) (PDF, 573 KB)

From: City Manager

Contact: Peter Hillier, Transportation, 981-7000

Action:  Received and filed.

Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Berkeley Waterfront Development, North Basin Boat Launch (Breland)

1.     Vince Darwood

2.     Helen Workman

3.      Robert B. Branstrom

4.     Jude Turczynski

5.     George Clyde

Civilian Victims of US Aerial Bombing of Afghanistan

6.     Dr. Stig Froberg

US War

7.     Chiara

8.     Annalisa e Margherita Manni

9.     Silvia Castellani

10.  Paolo Littarru and Mara Toso

11.  Caterina Cirri

12.  Andrea Trentini

13.  Serena Pinzi

14.  Lucinao

15.  Giuliano Trentini

16.  Alessio Malpassi

17.  Alessendra Daly

18.  Daniela Giomarelli

19.  Gianna Maschiti

20.  Enrico Peyretti

Molecular Foundry

21.  Jeff Philliber

Street Smarts! Partnership and Program (Spring)

22.  Wendy Alfsen

Everybody Walks in Berkeley (Spring)

23.  Wendy Alfsen

Proclamation for Coaching Week

24.  Susan Belgard

Inhumane Society (Spring)

25.  Jill Posener

Vista College Parking  (Spring)

26.  Wendy Alfsen (2)

27.  Rob Wrenn

Milvia and Berkeley Way (Spring)

28.  Terry Cochrell

Coalition of University Employees

29.  Judith Boyette

Rules Committee

30.  Frederick J. Lupke

White Zone Parking and Day Laborers on Hearst (Maio)

31.  Leon Theriault


Supplemental Reports and Communications #1 (PDF, 4 KB)

Item 16

Segway Human Transporter on Sidewalks and in Bike Lanes and Boulevards

32.  Wendy Alfsen

Item 21

Denial of Use Permits -1155 Hearst

33.  Lynda Hart, Applicant (PDF, 128 KB)

Item 22

Appeal of Structure of Merit Designation at 2514-2516 Benvenue Avenue

34.  Sharon Hudson (PDF, 369 KB)


Supplemental Reports and Communications #2 (PDF, 4 KB)

Item 10

All-Way Stop at Hearst Avenue and Second Street

35.  Petition with 153 signatures


Adjournment

Adjourned at 9:45 p.m.