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 – 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.
