Regular Meeting eSummary
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.

Note: 

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SUMMARY

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, February 25, 2003 – 7:00 p.m.

Preliminary Matters

Roll Call:      7:06 p.m.; All present.

Ceremonial Matters:

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

Comments from the City Manager:  The Council will hold a public hearing on March 11, 2003 on the appeal and use permits for a 40-unit senior housing project at 2517 Sacramento Street.

Comments from the Public:  10 speakers.

Consent Calendar

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

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

Action:  Adopted Ordinance No. 6728– N.S. (PDF, 96 KB)  Effective March 24, 2003.

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

Action:  Adopted Resolution No. 61,944–N.S. (PDF, 70 KB)

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

Action:  Approved minutes.  (Abstain – Breland on January 27th and February 10th)

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

Action:  Adopted Resolution No. 61,945–N.S. (PDF, 99 KB)

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

Action:  Adopted Resolution No. 61,946–N.S. (PDF, 72 KB)

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

Action:  Adopted Resolution No. 61,947–N.S. (PDF, 62 KB)

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

Action:  Adopted Resolution No. 61,948–N.S. (PDF, 57 KB)

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

Action:  Adopted Resolution No. 61,949–N.S. (PDF, 57 KB)

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

Action:  Adopted Resolution No. 61,950–N.S. (PDF, 77 KB)

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

Action:  Adopted Resolution No. 61,951–N.S. (PDF, 90 KB)

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

Action:  Approved proclamation.

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

Action:  Approved recommendation.

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

Action:  Adopted Resolution No. 61,952–N.S. (PDF, 60 KB)

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

Action:  Approved recommendation.

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:  Adopted Resolution No. 61,953–N.S. (PDF, 76 KB)

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

Action:  Moved, seconded, carried (Worthington/Breland; Noes - Maio) to adopt Resolution No. 61,954–N.S. (PDF, 485 KB) and directing staff to negotiate an amendment to the contract to require the developer to provide, in addition to the public restroom and 1 additional unit of affordable housing, for another 3 units of affordable housing if he is able to obtain adjacent property from UC Berkeley and is also able to obtain the required use permits and/or variances to build a 5 story building with no setbacks.

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, 981-7400

Action:  Moved, seconded, carried (Worthington/Maio; Absent - Breland) to approve deferring fees for one year at which time an additional deferral, waiver or other funding source may be considered.

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

Action:  Moved, seconded, carried (Maio/Worthington; Absent - Breland) to adopt Resolution No. 61,955–N.S. (PDF, 1.9 MB)

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

Actions:  Moved, seconded, failed (Shirek/Olds; Noes – Maio, Spring, Hawley, Worthington, Wozniak, Bates; Absent - Breland) a substitute motion to approve the recommendation.

Moved, seconded, carried (Worthington/Spring; Noes – Shirek, Olds; Absent – Breland) a main motion to refer the use of the space for the best purpose deemed appropriate by the City Manager and to also refer other alternatives to a full café to the City Manager.

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.

Action:  Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 61,956–N.S. (PDF, 80 KB)

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

Action:  Moved, seconded, carried (Maio/Worthington; Absent - Breland) to adopt Resolution No. 61,957–N.S. (PDF, 110 KB) amending the Council Rules to request that the proposer provide adequate written background, general information, and the purpose prior to scheduling the presentation.

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

Action:  Moved, seconded, carried (Spring/Worthington; Absent - Breland) to approve the City Manager’s recommendation.

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

Action:  Moved to the Consent Calendar by Councilmember Worthington to approve the City Manager’s recommendation to refer this to the work session and to also refer this to the budget process.

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

Action:  Moved to the Consent Calendar by Councilmember Worthington to approve the City Manager’s recommendation.

Information Reports

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

From: City Manager

Contact: Fran David, Finance, 981-7300

Action:  Received and filed.

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

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.

Police Presence Olds

1.     Sam Herbert

Berkeley and Oakland Loitering Laws

2.     Sherry Koyama

War with Iraq

3.     Allen Barth

4.     Michael Velasco

Needle Exchange Breland, Maio, Spring

5.     Erica Cleary

Unsportsmanlike Conduct

6.     Dnestor

Urban Tree Removal Breland

7.     Charles L. Smith

Marina Plan

8.     Paul Kamen

SLA Members

9.     Nwerle

Police Chief Olds

10.  Sam Herbert

Video: Bicycle Activist Cases Breland

11.  Jason N. Meggs

Off-leash Dog Area Breland, Maio, Olds

12.  Carol Denney
 

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

Item 13

Fee Waiver: 2nd Annual Interfaith Pagan Pride Parade

13.  Micha Dunston

14.  Phil Osegueda

Item 16

Contract: Construct Housing 2501 Haste Street

15.  Ken Sarachen
 

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

Item 13

Fee Waiver: 2nd Annual Interfaith Pagan Pride Parade

16.  Micha Dunston (received at meeting)

 

Adjournment

Adjourned at 9:45 p.m. in honor and memory of J. B. Jackson.