REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, JANUARY 25, 2000

SUMMARY

 Preliminary Matters

 Roll Call:  7:05 p.m.  Mayor Dean absent.

 Ceremonial Matters: 

• Proclamation:  Voter Registration Week January 31 to February 7, 2000.
• Action:  Presented proclamation.

 Comments from the City Manager: 

• There have been 236 Public Works Department responses due to the recent rains.

• Reported on the Lakireddy B. Reddy bail hearing today where bail was set at $10 million along with certain requirements of family members.

 Comments from the Public:  Eleven speakers.

Consent Calendar

Action:  Moved, seconded, carried (Worthington/Maio; Absent - Dean) to adopt the Consent Calendar except as indicated.

1. Needle Exchange Emergency Distribution
From:  City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Adopted Resolution No. 60,389-N.S.

2. Contract:  Condition Assessment of City-Owned Facilities
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with Pack & Associates to prepare condition assessment reports of city-owned facilities not previously inspected, in an amount not to exceed $95,550 for the period February 14, 2000 to August 14, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:  Adopted Resolution No. 60,390-N.S.

3. Contract Transfer:  Landfill Disposal
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute the agreement consenting to the assignment of the "Agreement for Disposal of Solid Waste between the City and Browning Ferris Industries of California, Inc." by Browning Ferris Industries to Republic Services, Inc.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:  Adopted Resolution No. 60,391-N.S.

4. Contract:  Landfill Postclosure Maintenance
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SCS Field Services in an amount not to exceed $200,000 to provide landfill postclosure maintenance, including soil erosion, gas system upgrade and monitoring services, at Cesar Chavez Park for the period February 1, 2000 through February 1, 2003.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:  Adopted Resolution No. 60,392-N.S.

 5. Contract:  Environmental Impact Report for Synagogue & School at 1301 Oxford St.
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments for professional services with Pacific Municipal Consultants in an amount not to exceed $159,164 to prepare an Environmental Impact Report (EIR) for Congregation Beth El's proposal to construct a new synagogue and school at 1301 Oxford Street.
Contact:  Wendy Cosin, Planning, 705-8105
Action:  Removed from the Consent Calendar by Councilmember Maio.  Moved, seconded, carried (Spring/Maio; Absent - Woolley, Worthington, Dean) to adopt Resolution No. 60,393-N.S.; to indicate that the City Council and staff are neutral in this matter; that the synagogue is paying for the EIR; and to request that a previous report by Pacific Municipal Consultants be made available.

6. How the Brown Act Applies to Electronic Communications
From:  Mayor Dean
Recommendation:  Request the City Manager and City Attorney to arrange for workshop(s) for Berkeley's Councilmembers, Commissioners, Board Members and other interested parties which focus on how electronic communications should be handled under the Brown Act; and that this subject matter be incorporated into the Commissioner Handbook and other written guidelines.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484
Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to February 8, 2000.

7. Excuse Mayor Dean from January 25, 2000 Meeting
From:  Mayor Dean
Recommendation:  Excuse Mayor Dean from attending the January 25, 2000 Council meeting to attend a meeting in Washington, D.C. at the White House to discuss gun control issues, and to attend the Winter Meeting of the United States Conference of Mayors.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:  Approved recommendation

8. Berkeley Cares Program
From:  Mayor Dean
Recommendation:  Request the City Manager take appropriate action to ensure that reimbursements to merchants for invalid vouchers from the discontinued Berkeley Cares Program are processed immediately and report back to Council.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:  Withdrawn by the City Manager at the request of Mayor Dean.

9. Street Sweeping Equipment
From:  Councilmember Spring
Recommendation:  Refer to the City Manager for evaluation, information as to whether the street sweeping machine Tennant Model 830 is the best available technology that the City should purchase in the future and request a report back on the evaluation.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:  Approved recommendation

10. Availability of Temporary Restraining Order Forms
From:  Councilmember Spring
Recommendation:  Refer to the City Manager a request that application forms for temporary restraining orders be at a location such as the Berkeley Police Department.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:  Approved recommendation.

11. City Clerk Department Staffing
From:  Councilmember Spring
Recommendation:  Refer to the mid-year budget process, the need for additional staffing of up to 2.5 fulltime employees in the City Clerk's Office and request the City Manager report on the additional positions needed, salary adjustments for current positions needed and the financial impact; in addition the City Manager to report on the changes in personnel policies that are needed to accommodate the City Clerk Department's staffing needs.
Contact: Dona Spring, Councilmember District 4, 644-6266

Action:  Removed from the Consent Calendar by Councilmember Maio.  Moved, seconded and carried (Maio/Worthington; Absent - Woolley, Dean) to request the City Manager prepare a staffing plan for the City Clerk Department in time for the mid-year budget review in order that any concerns can be referred to the budget process and to take into account staffing levels needed for election cycles.

12. Oppose Proposition 28 (Repeal of Proposition 10 Tobacco Surtax)
From:  Councilmember Worthington
Recommendation:  Oppose Proposition 28 regarding repeal of Proposition 10 Tobacco Surtax on the March 2000 Ballot, and send letters of opposition to State Senator Don Perata, State Assemblywoman Dion Aroner and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:  Approved recommendation.

13. Support Proposition 26 (Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability)
From:  Councilmember Worthington
Recommendation:  Support Proposition 26 regarding Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability on the March 2000 Ballot, and send letters of support to State Senator Don Perata, State Assemblywoman Dion Aroner and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to February 8, 2000.

14. First On-Line City Council Meeting
From:  Councilmember Worthington
Recommendation:  Conduct the first on-line City Council meeting regarding the Draft Revision of the Berkeley General Plan.  The mechanism for this Internet dialogue would be on Actionforum.  Also designate up to four Councilmembers to continue participating in Actionforum's General Plan dialogue.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:  Removed from the Consent Calendar by Councilmember Armstrong and held over to February 8, 2000.

15. Diversity on Boards and Commissions
From:  Councilmember Worthington
Recommendation:  Each Councilmembers to look at their own record of board and commission appointments and if their appointment record does not come close to reflecting the diversity of the City, make an effort to do outreach and be inclusive of people of all races and ethnicities, seniors, youth, the disabled community and any other groups not broadly represented.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:  Approved recommendation (Abstain - Armstrong, Olds; Absemt - Dean)

16. Support Proposition 14:  California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act
From:  Mayor Dean
Recommendation:  Support Proposition 14 for the March 2000 ballot which Council previously supported on September 14, 1999 as SB3, which proposes a $350 million Bond Measure to fund grants for public library construction and renovation.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:  Approved recommendation.

17. Support Proposition 12:  Safe Neighborhood Parks, Clean Water and Air, and Coastal Protection Bond Act
From:  Mayor Dean
Recommendation:  Support Proposition 12 for the March 2000 ballot which Council previously supported on April 13, 1999, which proposes a $2.1 billion Bond Measure for parks, recreation coastal and recreation projects, including approximately $827 million in potential funding to local governments for a wide range of per capita and competitive parks and program grants.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:  Approved recommendation.

18. Affiliating with California Disability Alliance
From:  Commission on Disability
Recommendation:  Affiliate with the California Disability Alliance.
Contact:  Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:  The City Manager takes no position concerning the recommendation of the Commission.
Contact: Weldon Rucker, Deputy City Manager, 644-6580
Action:  The City Manager announced his desire to amend his recommendation to request the Council not take any action until such time as he has an opportunity to report on any implications of an affiliation.  Approved the City Manager’s recommendation.

Presentations

19. City's Web Site
From:  City Manager
Contact:  Chris Mead, Information Systems, 6446820
Action:  Heard presentation.

Action Calendar

Appeals:

20. Zoning Appeal of Use Permit 98-10000083, 1728 Delaware Street
a. Appeal filed by Kathleen Bernier and Robert Traina of the Zoning Adjustments Board decision of October 28, 1999, which approved Use Permit 98-10000083 for the project located at 1728 Delaware Street to: a) remove more than 50% of the building's walls and roof so as to constitute demolition of an existing dwelling unit; b) construct a major residential addition in the form of a second floor and extension to the rear; and c) construct a hot tub.
b. City Manager Report
Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board's approval of a proposed partial demolition, and major residential addition to an existing dwelling, and the addition of a hot tub.
Contact: Wendy Cosin, Planning and Development, 705-8105
c. Communications from:
1.             Waziuddin Chowdhury
2.             Kathleen Bernier, appellant, transmitting copy of letter from Leslea Brickner, M.D., Medicine Department, Kaiser Hospital
3.         Patrick Mebine, applicant
Contact:  Sherry M. Kelly, City Clerk, 644-6480

Action:  Moved, seconded, carried (Olds/Maio; Abstain - Worthington; Absent – Woolley, Dean) to adopt Resolution No. 60,394-N.S. affirming the Zoning Adjustments Board's decision and dismissing the appeal.

Old Business:

21. Continued Public Hearing and Decision:  Increase in Fees for Services at the Berkeley Marina (continued from January 18 meeting – item 9)
From:  City Manager
Recommendation:    Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule for services rendered at the Berkeley Marina and rescinding Resolution No. 59,387-N.S.  
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943
a. Communications
1. Reese Jones
2. Jim Cassell
3. Dick Wrenn, President, Berkeley Marina Berthers Association
4. Bob Griffiths, Chairman, Berkeley Marina Berthers Association
5. Katherine Scheaf
Contact:  Sherry Kelly, City Clerk, 644-6480

Public Testimony:  Four speakers.  Moved, seconded, carried (Maio/Armstrong; Absent - Worthington, Dean) to close the public hearing. 
Action:  Moved, seconded carried (Spring/Maio; Noes - Woolley; Abstain - Olds, Worthington; Absent - Dean) to adopt Resolution No. 60,395-N.S. and requested a report on the use of the $150,000 generated by the fee increase, including improvements to restrooms, showers and mailboxes.

22. Decision on Public Hearing Regarding Five Ton Gross Vehicle Weight Limit Zone Modification (continued from January 18 meeting – item 10)
From:  City Manager
Recommendation:  Adopt an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.050A to add streets to be controlled with a five ton gross vehicle weight limit in the area bounded by Dwight Way, Martin Luther King Jr. Way, Addison Street and McKinley Avenue, and Grant Street between Dwight Way and University Avenue.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:  Moved, seconded carried (Breland/Spring; Absent – Woolley, Dean) to adopt first reading of Ordinance and directed the City Manager to provide an information report by February 15, 2000 on the status of the Citywide Truck Route Plan, or to start a process for setting a public hearing to consider banning through trucks on Dwight Way and the Derby-Warring corridor.  Second reading of Ordinance scheduled for February 8, 2000.

23. Decision on Public Hearing Regarding Permit Parking (continued from January 18 meeting – item 11)
From:  City Manager
Recommendation:  Adopt a Resolution extending residential permit parking on Olympus Avenue between Fairlawn Drive and Wilson Circle and all of Wilson Circle, on Prince Street between Shattuck Avenue and Wheeler Street, on McGee Avenue between Francisco Street and Delaware Street; and remove the block of Oregon Street between Adeline Street and Shattuck Avenue from the Residential Permit Parking Area J.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
a. City Manager Supplemental Report * (to be delivered)
Recommendation:  Adopt a Resolution approving a Mitigated Negative Declaration for residential permit parking on Olympus Avenue between Fairlawn Drive and Wilson Circle and all of Wilson Circle.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
b. Communications
1.             Douglas James, submitting petition in opposition
2.             Dorothy E. Walker

Actions:  Moved to Consent Calendar by Councilmember Maio.  Adopted Resolution No. 60,396-N.S. to approve a Mitigated Negative Declaration. and Resolution No. 60,397-N.S. extending residential permit parking.

24. Domestic Partners Equal Benefits Ordinance (removed from Consent by Councilmember Spring and held over from January 18 meeting)
From:  Councilmember Worthington
Recommendation:  Request a status report and a timeline for completion of the research of an Equal Benefits Ordinance unanimously referred by Council on March 9, 1999 which would require contractors to offer equal benefits to their employees registered as domestic partners.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Moved to Consent Calendar by Councilmember Worthington to include the following actions:  1) That the Finance Department, Economic Development and the City Manager's staff begin immediately to bring this issue to the business community, to start the critical dialog by asking for and scheduling specific time on the agendas of key business organizations throughout the City; and by assuring that the topic is raised whenever any of these staff members are meeting with members of the business community; 2) ask for assistance in identifying Berkeley businesses already offering benefits to domestic partners of their employees, and prepare a proclamation for Mayor an Council to present no later than March 14, 2000; and 3) that the issue of the policy and fiscal analysis, preparation of the draft ordinance and education of the business community be placed on the list of unfunded priorities and discussed during the mid-year report to Council and/or through the upcoming budget adjustment discussions. 

25. Establish a Berkeley Police Department Lesbian/Gay/Bisexual/Transgender Liaison Position (removed from Consent by Councilmember Olds and held over from January 18 meeting)
From:  Councilmember Worthington
Recommendation:  Refer to the Police Review Commission and the City Manager a proposal to establish a Lesbian Gay Bisexual Transgender Liaison position, implement sensitivity and gender-specific training, and create a safe work environment regarding LGBT issues within the Berkeley Police Department.  Also, that the Police Review Commission and the City Manager review job descriptions and announcements for existing positions in nearby cities.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Moved to Consent Calendar by Councilmember Worthington, amended recommendation as follows: “ That the Berkeley City Council refers to the Police Review Commission and the City Manager a proposal to establish a Lesbian Gay Bisexual Transgender Liaison position, implement sensitivity and gender -specific training regarding LGBT issues within the Berkeley Police Department.  Also, that the Police Review Commission and the City Manager review job descriptions and announcements for existing positions in nearby cities.  Finally, that the City Manager will consider including the LGBT press in our standard advertising for recruitment for available Police Department positions.”

New Business:

26. Warm Water Pool
City Manager Oral Report
Contact:  Rene Cardinaux, Capital Projects, 644-6580
Action:  Heard presentation.

27. July 4^th Celebration at the Marina
From:  Waterfront Commission
Recommendation:  Direct that funding for the annual Fourth of July fireworks display and celebration at the Berkeley Marina be funded from a source other than Marina Fund revenues.
Contact:  Cliff Marchetti, Secretary, 644-6970
a. City Manager Report
Recommendation:  Review this proposed revision in the context of the city-wide mid-year budget review on February 22, 2000.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action:  City Manager recommendation moved to the Consent Calendar by Councilmember Olds.

28. Traffic Safety
From:  Commission on Disability
Recommendation:  Direct the City Manager to:  1) develop an improved traffic safety program to include a wheelchair safety program; 2) start keeping statistics on accidents between vehicles/bicycles and frail/elderly people with disabilities; 3) install signs cautioning drivers to watch for pedestrians when backing out of diagonal public parking spaces that back up into crosswalks; 4) produce a series of ten-second spots to be aired as television public service announcements informing motorists that they must yield to pedestrians; and 5) write letters to State representatives Dion Aroner, Don Perata and Audie Bock requesting they take the following immediate steps:  a) tripling the fines throughout California for failing to yield to pedestrians using a crosswalk; and b) requiring wheelchairs purchased using State funds be equipped with headlights and taillights.
Contact:  Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:  The study recommended in parts 1, 2 and 4 of this report may affect budget and/or other programs.  Once analysis is done and financial recommendations made by the Bicycle and Pedestrian Safety Task Force, the City Manager can see what actions and investment of resources are recommended, and then will respond to those recommendations.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

Action:  Moved, seconded carried (Spring/Breland; Absent - Woolley, Dean) to approve the Commission’s   recommendation #5 as presented and other Commission recommendations amended as follows:  #1 to approve intent and to work with the Bicycle and Pedestrian Safety Task Force;  #2 to ask the Police Department to keep statistics on all accidents; #3 to ask the City Manager to look into the matter of diagonal parking spaces that back up to crosswalks and painting the crosswalks including curb cuts; and #4 to refer to the City Manager for financial implications.

29. Automatic Doors on Public Buildings
From:  Commission on Disability
Recommendation:  Direct the City Attorney to prepare an ordinance regarding automatic doors to require:  1) addition of foot plates and buttons, or universal proximity sensors, whenever automatic doors are installed in the future, anywhere in the city; and 2) foot plates added to all City buildings already having hand plates, as soon as possible.
Contact:  Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:  Direct the City Manager to install automatic doors or power-assisted doors with footplates on all City municipal buildings where large numbers of the public come for services.
Contact: Weldon Rucker, Deputy City Manager, 644-6580
Action:  City Manager recommendation moved to the Consent Calendar by Councilmember Armstrong.

Information Reports

30. Berkeley Unified School District (BUSD) Safety Plan
From:  City Manager
Contact: Dash Butler, Police, 644-6568
Action:  Received and filed.

31. Formal Bid Solicitations and Request for Proposals
From:  City Manager
Contact:  Frances David, Finance, 644-6476
Action:  Received and filed.

32. I-80 Bicycle/Pedestrian Overcrossing-Status Report
From:  City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:  Received and filed.

33. Hills Fire Station Update
From:  City Manager
Contact:  Reginald Garcia, Fire Department, 644-6665
Action:  Received and filed.

34. Status of Funding for Prince Hall Arms Senior Housing Project (to be delivered)
From:  City Manager
Contact:  Stephen Barton, Housing, 644-6001
Action:  Moved to Action Calendar by City Manager.  The City Manager provided an oral report on the status of this project.

35. Workshop: Future of Main Street (CR 99-162) (to be delivered)
From:  Planning Commission
Contact:  Karen Haney-Owens, Secretary, 705-8105
Action:  Received and filed.

Communications

Actions:  The following were read, noted and filed unless referred to the City Manager as indicated.

1. Laurie Capitelli, Planning Commission Chair, regarding Strawberry Creek Downtown.  Woolley

2. Patrick Kennedy, Panoramic Interests, transmitting articles regarding City of Oakland and high density housing.

3. JoAnn Price, President, and Phoebe Watts, League of Women Voters, regarding voter registration in Berkeley.

4. Kenn Kojima, Regional Administrator, General Services Administration, regarding Berkeley's action on December 7, 1999 supporting designating the "Ronald V. Dellums Federal Building in Oakland.

5. Darrell Cambron, Citizen for the Protection of Butler Township, regarding a proposed medical waste incinerator.

6. Anne Marselis, regarding speeding trucks and buses.

7. John Vance, A First Amendment Center, regarding community information. (additional pages on file for review in the City Clerk's Office).

Supplemental Communications
And Agenda Reports

Item  16 - Support Proposition 14:  California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act

8. Mayor Shirley Dean, revised recommendation

Item  17 - Support Proposition 12:  Safe Neighborhood Parks, Clean Water and Air, and Coastal Protection Bond Act

9. Mayor Shirley Dean, revised recommendation.

10. Lisa Stephens, Chairperson, Parks and Recreation Commission, support for Proposition

Item  21 - Public Hearing:  Increase in Fees for Services at the Berkeley Marina

11. Joy Church  Woolley

12. Paul Kamen  Spring

Item  24 - Domestic Partners Equal Benefits Ordinance

13. James Keene, City Manager, status report

Letter submitted by Bob Griffiths regarding increase in fees at the Marina.  Spring

Letter submitted by Richard Wesell regarding the EIR for 1301 Oxford Street. Woolley

Adjournment

The meeting was adjourned at 10:54 p.m. in memory of Ruth Dean, the Mayor’s mother-in-law.

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