Regular Meeting eAgenda
February 25
, 2003

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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.

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, February 25, 2003 – 7:00 p.m

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

Proclamation honoring the 75th Anniversary of the Berkeley Children’s Community Center and declaring March 1st as Children’s Community Center Day

Comments from the City Manager: The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Comments from the Public: A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the “Action Calendar” unless the Council reorders the agenda.

1.     Contract: Indexed Level 1959 Survivor Benefit for Fire Employees (First reading – Unanimous) (PDF, 4 KB)

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

2.     Settlement Agreement: Kevan McCarten-Gibbs v. City of Berkeley, et al. (PDF, 147 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2001 033540 entitled Kevan McCarten-Gibbs v. City of Berkeley, et al. in the amount of $29,999.99.

Contact: Manuela Albuquerque, City Attorney, 981-6950

3.     Minutes for Approval (PDF, 1 MB)
From: City Manager

Recommendation:  Approve the minutes for Council meetings of January 27, 2003 (special), February 10, 2003 (special), and February 11, 2003 a) work session, b) special, and c) regular.

Contact: Sherry Kelly, City Clerk, 981-6900

4.     Needle Exchange Emergency Distribution (PDF, 160 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

5.     Appointment: Paratransit Advisory Planning Committee (PDF, 215 KB)

From: City Manager

Recommendation:  Adopt a Resolution appointing Mr. Robert Smith to serve as the citizen representative on the Paratransit Advisory Planning Committee (PAPCO).

Contact: Stephen Barton, Housing, 981-5400

6.     Donation: Nature Center Programs in Berkeley Marina (PDF, 155 KB)

From: City Manager

Recommendation:  Adopt a Resolution 1) accepting the donation of $10,000 from an anonymous donor to fund programs at the Nature Center in the Berkeley Marina;
2) establishing a separate revenue account and expenditure account in the Marina Enterprise Fund; and 3) appropriating funds in the amount of $10,000 in the designated expenditure account.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

7.     Technology Grant Funding (PDF, 143 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept $32,327 in grant funding from the State of California, California Law Enforcement Equipment Program (CLEEP), to purchase computer and high technology equipment.

Contact: Roy Meisner, Police, 981-5700

8.     Contract: Berkeley Marina Docks A-E and H-I Replacement Design (PDF, 260 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Concept Marine Associates for the design and construction support services necessary for the Berkeley Marina docks A-E and H-I Replacement project, in an amount not to exceed $550,000 for all services and reimbursable expenses for the term ending July 30, 2006.

Contact: Rene Cardinaux, Public Works, 981-6300

9.     Contract: Electronic Waste Recycling Services (PDF, 368 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alameda County Computer Resource Center for electronic waste recycling and disposal services for three years beginning March 18, 2003 through June 30, 2006 in an amount not to exceed $300, 000.

Contact: Rene Cardinaux, Public Works, 981-6300

10.  Contract: Sather Gate Garage Mall Code Upgrades (PDF, 224 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Baker Vilar Architects for the Sather Gate Garage Mall code upgrade project by increasing the amount up to $48,360 for a total not to exceed $72,860 for the period August 1, 2002 through June 30, 2004.

Contact: Rene Cardinaux, Public Works, 981-6300

11.  Proclamation: Annual Poetry Day (PDF, 262 KB)

From: Mayor Bates

Recommendation:  Approve a proclamation declaring April 4th as Annual Poetry Day.

Contact: Tom Bates, Mayor, 981-7100

12.  Doubling Traffic Fines in School Zones (PDF, 428 KB)

From: Councilmember Hawley

Recommendation:  Refer to the City Manager a proposal for an ordinance that would double traffic fines in specially posted school zones.  Request that staff research the costs and benefit of creating some double fine school zones and work with the Police Department to determine the feasibility of the proposal.  Further, request that staff review this request and its findings with the Transportation Commission, and report back to the Council.

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

13.  Fee Waiver: 2nd Annual Interfaith Pagan Pride Parade (PDF, 77 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving event and sound permit fees associated with the parade.  In addition, pending traffic engineering review, consider the closing of Telegraph Avenue from Dwight to Bancroft and consider allowing some cross traffic dependent on staff recommendations.  Also that Council approve the City’s provision for the Parade and after event of in-kind services of barricades provided by Public Works.

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

14.  Opposition to Exit Fees for Solar Energy Customers (PDF, 118 KB)

From: Councilmember Olds

Recommendation:  Request that a letter be immediately faxed to the California Public Utilities Commission and to Governor Davis expressing the City’s opposition to the proposed “exit fees” for solar energy customers and encouraging an alternate vote that would exempt all solar customers from utility exit fees.

Contact: Betty Olds, Councilmember District 6, 981-7160

15.  Fee Waiver: Run for Life “Celebrating Goodness in Children” (PDF, 1 MB)

From: Councilmember Wozniak

Recommendation:  Adopt a Resolution waiving fees associated with the production of the “Run for Life Foundation’s run/walk” around and through the UC Berkeley campus on Saturday, April 12, 2003.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

 

Action Calendar – New Business

16.  Contract: Construct Housing 2501 Haste Street (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement with Kenneth Sarachan for a Use Permit to develop 2501 Haste Street within 18 months and waiving $500,000 in liens upon start of construction.

Contact: Thomas Meyers, Economic Development, 981-7530

17.  Fee Waiver: Center for the Education of Infant Deaf (PDF, 432 KB)

From: City Manager

Recommendation:  Deny request from Center for Education of Infant Deaf (CEID) to waive approximately $66,000 in zoning and building permit related fees for construction at 1033-45 Grayson.

Contact: Carol Barrett, Planning, 981-6903

18.  General Plan Housing Element (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt a Resolution clarifying the Council’s intent in adopting the City’s General Plan Housing Element in December 2001.

Contact: Stephen Barton, Housing, 981-5400

19.  Contract: Civic Center Café (PDF, 207 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving revised plans and specifications for the construction of the Café at the Civic Center Building; waiving permit fees; accepting the bid of Norcal Construction Co.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $55,000.

Contact: Rene Cardinaux, Public Works, 981-6300

20.  Grant: Shoreline Bike Path for Bay Trail (PDF, 168 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Funding Agreement between the Alameda County Congestion Management Agency and the City to accept a grant of $50,000 of Transportation Fund for Clean Air Program for construction of the Berkeley Shoreline Bike Path for the Bay Trail Project.

Contact: Rene Cardinaux, Public Works, 981-6300.

21.  Amendment to Council Rules of Procedure – Presentations (PDF, 174 KB)

From: Council Rules Committee

Recommendation:  Adopt a Resolution amending the Council Rules of Procedure and Order, Resolution No. 61,866-N.S., III. Agenda, C (4) and (5), Presentations to provide for additional written information prior to scheduling the presentation.

Contact: Sherry M. Kelly, City Clerk, 981-6900

22.  Curbs for Bay Trail

a.     From: Waterfront Commission (PDF, 1 MB)

Recommendation:  Reject the work done to date on the Berkeley Bay Trail border curbs along Frontage Road between University and Ashby Avenues for poor workmanship

Contact: Cliff Marchetti, Secretary, (510) 644-6376 Ext.224

b.     From:  City Manager (PDF, 189 KB)

Recommendation:  Any corrective action will be taken before the project is accepted.  Therefore I recommend the Council not take action on the Waterfront Commission’s recommendation to reject the border curbs at this time.

Contact: Rene Cardinaux, Public Works, 981-6300

23.  Preparedness Proposals: Priorities for 2003

a.     From: Disaster Council (PDF, 791 KB)

Recommendation:  To advance the City’s preparedness in the event of an earthquake:
1) develop an emergency communications system, including sirens; 2) train and supply neighborhood response teams, based in each council district; 3) provide supplies for shelters and for first responders; 4) step up enforcement of unreinforced masonry buildings (URM) and ensure that fees and fines from delinquent URM buildings are sufficient to continue enforcement program; and 5) pass an Ordinance for soft-story buildings, similar to the existing ordinance for unreinforced masonry buildings.

Contact: Carol Lopez, Secretary, 981-5514

b.     From: City Manager (PDF, 46 KB)

Recommendation:  Refer to the Council work session with Public Safety on March 25, 2003.

Contact: Reggie Garcia, Fire Chief, 981-3473

24.  Opposition to Council Rules Committee

a.     From: Police Review Commission (PDF, 73 KB)

Recommendation:  The Commission is concerned about the impact of the Council Rules Committee procedures and voted to urge the Council rescind the Rules Committee portion of the procedures that were adopted.

Contact: Barbara Attard, Secretary, 981-4950

b.     From: Peace and Justice Commission (PDF, 101 KB)

Recommendation:  Approve the recommendation of the Police Review Commission urging the City Council to rescind the Rules Committee as passed on December 10, 2002 and return to the fairer and more democratic manner of setting agendas that was used in the past.

Contact: Manuel Hector, Secretary, 981-5110

c.     From: Commission on the Status of Women (PDF, 104 KB)

Recommendation:  Approve the recommendations of the Police Review Commission and the Peace and Justice Commission urging the Council to rescind the Rules Committee as passed on December 10, 2002 and return to a fairer and more democratic manner of setting agendas that was used in the past.

Contact: Ruby Primas, Secretary, 981-5106

d.     From: City Manager (PDF, 59 KB)

Recommendation:  That no action be taken on the recommendation of the commissions at this time. The Council approved a revised version of its “Rules of Procedure and Order” on December 10, 2002, and indicated that it will review and evaluate the procedures in six months.  The Council Rules Committee is considering additional amendments in addition to the planned six-month trial period. Recommendations of commissions should be considered as part of this process.

Contact: Weldon Rucker, City Manager, 981-7000

 

Information Reports

25.  Formal Bid Solicitations and Request for Proposals (PDF, 229 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

26.  Posting of Signs Prohibiting Parking on Piedmont Avenue (CF-19-02) (PDF, 193 KB)

From: City Manager

Contact: Lisa Caronna, Parks, Recreation and Waterfront, 981-6700

 

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.

Police Presence

1.     Sam Herbert

Berkeley and Oakland Loitering Laws

2.     Sherry Koyama

War with Iraq

3.     Allen Barth

4.     Michael Velasco

Needle Exchange

5.     Erica Cleary

Unsportsmanlike Conduct

6.     Dnestor

Urban Tree Removal

7.     Charles L. Smith

Marina Plan

8.     Paul Kamen

SLA Members

9.     Nwerle

Police Chief

10.  Sam Herbert

Video: Bicycle Activist Cases

11.  Jason N. Meggs

Off-leash Dog Area

12.  Carol Denney

 

Adjournment