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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
Tuesday, February 25, 2003 – 7:00 p.m.
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.
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.
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
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
Item 13
Fee Waiver: 2nd Annual Interfaith Pagan Pride Parade
16.
Micha Dunston (received at meeting)
Adjourned at 9:45 p.m. in
honor and memory of J. B. Jackson.
