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Regular
Meeting eSummary |
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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized. Note:
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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 18, 2003 - 7:00 P.M.
Preliminary Matters
Roll Call: 7:00 p.m. – Absent - Spring
Comments from the City Manager: None.
Comments from the Public: Hans Barnum
Consent Calendar
Moved, seconded, carried (Shirek/Worthington; Absent - Spring ) to adopt the Consent Calendar in one motion except as indicated:
From: City Manager
Recommendation: Adopt second 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: Held over by the City Manager to February 25, 2003.
2. Local Public Health Preparedness Trust Fund (PDF, 398 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to establish a trust fund for the deposit of funds in the amount of $202,258 from the California Department of Health Services for a Public Health Preparedness and Bioterrorism Response Grant for the period of February 19, 2002 through August 31, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,935–N.S. (PDF, 116 KB)
3. Contract: Computer Network Upgrades (PDF, 223 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with AMS.NET for computer network upgrades by increasing the amount by $80,000, for a total not to exceed $599,000 and extending the contract period to June 30, 2004.
Contact: Chris Mead, Information Technology, 981-6500
Action: Adopted Resolution No. 61,936–N.S. (PDF, 96 KB)
4. Mitigated Negative Declaration: Rail Stop and Transit Plaza Project (PDF, 5.7 MB)
From: City Manager
Recommendation: Adopt a Resolution approving the Mitigated Negative Declaration and the preliminary plans for the Rail Stop and Transit Plaza project at 3rd Street and University Avenue in the West Berkeley Redevelopment Area.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,937–N.S. (PDF, 136 KB)
5. Contract: Parking Ticket Processing Service (PDF, 207 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Clancy Systems to provide parking tickets processing services for the Police Department for the period July 1, 2002 through June 30, 2003 in an amount not to exceed $185,000.
Contact: Roy Meisner, Police, 981-5700
Action: Adopted Resolution No. 61,938–N.S. (PDF, 80 KB)
6. Purchase Order: Police Uniforms and Equipment (PDF, 245 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase two purchase orders with Bricker-Mincolla Uniforms for the purchase of police uniforms, equipment and supplies by the following amounts: $13,000 not to exceed $58,000 and $40,000 not to exceed $65,000.
Contact: Roy Meisner, Police, 981-5700
Action: Adopted Resolution No. 61,939–N.S. (PDF, 88 KB)
7. Contract: Landfill Gas Energy (PDF, 346 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue contract with Berkeley I Leasing, LLC d/b/a Berkeley Marina Radisson Hotel to cost share a feasibility study and engineering work on a landfill gas energy recovery system at the Berkeley Marina in an amount not to exceed $25,000 for the term March 1, 2003 through February 28, 2004.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,940–N.S. (PDF, 71 KB)
8. National Civil Rights March on the U.S. Supreme Court (PDF, 163 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution endorsing the April 1, 2003 National Civil Rights March on the U.S. Supreme Court regarding two University of Michigan affirmative action cases, Grutter v. Bollinger and Gratz v. Bollinger.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action: Adopted Resolution No. 61,941–N.S (PDF, 126 KB) (Noes – Hawley, Olds; Abstain – Wozniak; Absent - Spring)
9. Council Rules of Procedure and Order (PDF, 93 KB)
From: Councilmember Worthington
Recommendation: Remove “or Contemplated” from Section 1F of Council Rules of Procedures and Order to clear up ambiguity about defining what a contemplated matter is.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation.
Action Calendar - Presentations
10. West Nile Virus (20 minutes including Q&A) (PDF, 75 KB)
PowerPoint Presentation: Color (PDF, 12.8 MB) | Grayscale (PDF, 2.4 MB)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Presentation made.
Action Calendar – Public Hearings
11. Appeal of Use Permits: 2500, 2580, and 2514 Benvenue Avenue (PDF, 121 KB)
From: City Manager
Recommendation: Without taking public testimony, continue the public hearing to the meeting of March 18, 2003 to allow staff additional time to collect and analyze the information requested by the Council on January 21, 2003.
Contact: Carol Barrett, Planning, 981-7400
Action: Moved, seconded, carried (Maio/Worthington; Absent - Spring) to continue the public hearing to March 18, 2003.
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
12. Residential Preferential Parking (CF 166-02)
a. From: City Manager (PDF, 2.9 MB)
Recommendation: Conduct a public hearing on the proposed changes and fee increases in the Residential Preferential Parking program and upon conclusion: 1) adopt a Resolution approving fee increases and; 2) approve the policy and program recommendations and direct the City Manager to return with a revised Ordinance for the first reading reflecting the approved changes.
Contact: Fran David, Finance, 981-7300
b. Communications
1. Rhoda
Levinson- President, North Berkeley Senior Center (PDF, 667 KB)
Submitted a petition with 163 signatures
2. Merrilie Mitchell (PDF, 77 KB)
Public Testimony: The Mayor opened the public hearing. 16 speakers. The Mayor closed the public hearing.
Action: Referred to the City Manager to consider comments made by the public and councilmembers and to return to Council at a later date.
13. Increase Cost Per Square Foot of Building Valuation for Construction Projects (PDF, 577 KB)
a. From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution: 1) establishing the cost per square foot schedule published by the International Conference of Building Officials (ICBO) as the basis for calculating building valuation and building permit fees for new construction; and 2) establishing the policy of valuing construction projects determined to be a remodel or renovation at up to seventy-five percent of the value of new construction.
Contact: Carol Barrett, Planning, 981-7400
b. Communications
1. Merrilie Mitchell
Public Testimony: The Mayor opened the public hearing. No speakers. The Mayor closed the public hearing.
Action: Moved, seconded, carried (Worthington/Maio; Absent – Breland, Spring) to adopt Resolution No. 61,942-N.S. (PDF, 241 KB)
14. Redirect COPS Grant Funding (PDF, 270 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution authorizing the City Manager to redirect FY 2002 grant funds in the amount of $208,597, and FY 2003 grant funds in the amount of $207,768, in California Citizen’s Option for Public Safety (State COPS) grant funding to purchase high technology equipment, secure a maintenance agreement with Tiburon Incorporated and to purchase other equipment as needed.
Contact: Roy Meisner, Police, 981-5700
Public Testimony: The Mayor opened the public hearing. No speakers. The Mayor closed the public hearing.
Action: Moved, seconded, carried (Olds/Worthington;
Absent – Breland, Shirek, Spring) to adopt Resolution No. 61,943-N.S.
(PDF, 103 KB) to
authorize redirecting FY 2002 grant funds and to delay making a decision on FY
2003 grant funds as part of the budget process.
Action Calendar – Old Business
15. Proclamation: Berkeley Cub Scout Pak 30; Support for Gay Scouts and Leaders within Scouting (PDF, 262 KB) (Removed from the Consent Calendar by Councilmember Olds on February 11, 2003)
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: Moved to the Consent Calendar by Councilmember Olds. Approved proclamation.
Information Reports
16. “Berkeley Unplugged 2003” Residential Conservation Contest (PDF, 1.3 MB)
From: City Manager
Contact: Stephen Barton, Housing, 981-5400
Action: Received and filed.
17. Summary of Activities for 2002 and Work Plan for 2003 (PDF, 209 KB)
From: Fair Campaign Practices Commission
Contact: Prasanna Rasiah, Secretary, 981-6950
Action: Received and filed.
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.
Neighborhood Services
1. Janice Thomas
Falun Gong
2. David W. Zou
Molecular Foundry
3. Charles V. Shank
4. Leuren Moret
North Waterfront and Marina Plan
5. Paul Kamen (2)
Police Incident on 02/18/02
6. Sam Herbert
Appeal of Hearing Citation 544127209
7. Charles L. Smith
Preparations Vis a Vis Siren
8. Helen Rippier Wheeler
Supplemental Reports and Communications #1
Item 12
Residential Preferential Parking (PDF, 659 KB)
9. Paul Linnman
10. Doris Nassiry
11. Dea Lee Harrison for Berkeley Way and McGee Neighbors
12. Elaine Hutsinpiller
13. Elizabeth Shippey
Item 14
Redirect COPS Grant Funding
14. City Manager Supplemental Report (PDF, 70 KB)
Item 10
West Nile Virus
15. Presentation Handout (PDF, 2.4 MB)
16. Alameda County Mosquito Abatement Brochure (PDF, 439 KB)
Item 12
Residential Preferential Parking (PDF, 3.7 MB)
17. Residential Permit Parking- Area Map
18. Hank Fung
19. Doris Nassiry
Item 14
FY 2002—2003 COPS Grant Funding
20. Supplemental Report (PDF, 66 KB)
North Berkeley Senior Center
21. Senior Moments-A Play by James Keller
22. February 2003 Schedule of Events
Adjournment
Adjourned at 9:22 p.m.