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SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
FEBRUARY 19, 2002
Roll
Call:
7:31 p.m. - All present
Comments
from the City Manager:
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On January 22nd, there was a double homicide in South Berkeley at 63rd and King Street. The Berkeley Police Department is offering $30,000 reward to anyone who provides information leading to the arrest and conviction of person or persons responsible. Anyone with information is asked to contact Homicide Detail at 981-5741. Tomorrow night at 7:30 p.m. is a followup meeting regarding the homicide at the Philips Temple at the corner of 63rd Street and Adeline.
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The San Francisco Museum of Modern Art is featuring Berkeley on the cover of a recent publication regarding the Berkeley Marina and can be purchased at local stores.
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The ribbon cutting ceremony and opening of the I-80 Bicycle Pedestrian Overcrossing will take place Wednesday, February 27th between 1:30 and 3:30 p.m. at the eastern launch area of Aquatic Park located at Addison Street and Bolivar Drive.
Comments
from the Public:
6
speakers
Action:
Moved,
seconded, carried (Worthington/Olds) to adopt the Consent Calendar in one
motion
except as indicated:
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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
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. 61,450-N.S.
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Minutes
for Approval
From:
City Manager
Recommendation: Approve the minutes for Council meetings of:
a) December 11, 2001 (closed); b) December 11, 2001 (regular);
c) December 18, 2001 (closed); d) January 15, 2002 (regular); e)
January 15, 2002 (closed); f) January 18, 2002 (closed); g) January
22, 2002 (regular); h) January 29, 2002 (special); i) January 29, 2002
(closed); j) February 5, 2002 (regular) and k) February 5, 2002
(closed).
Contact:
Sherry Kelly, City Clerk, 981-6900
Action:
Approved minutes with the exception of December 11, 2001
(regular) held over by Mayor Dean. Councilmember Hawley abstained on
approval of the February 5, 2002 closed and regular meeting minutes.
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Parking
Enforcement – Citation Authority Amendments
From:
City Manager
Recommendation:
Adopt an Ordinance amending Berkeley Municipal Code (BMC)
sections 6.24, 14.36, 14.40, 14.44, 14.52,
and 14.64 relating to
parking and stopping of vehicles to permit multiple citations, issuing
citations at inoperable meters and correcting the parking meter fee
rates.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000, D.E. Butler,
Police, 981-5700, and Manuela Albuquerque, City Attorney, 981-6950
Action:Removed
from the Consent Calendar by Councilmember Maio. Held over to the meeting of February 26, 2002.
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Contract:
Ambulance Billing and Collection Services
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendment with Allied Information Services to provide
billing/collection services for the ambulance service from April 1,
2002 to April 1, 2004 with an option to extend an additional two
years.
Contract:
Reginald Garcia, Fire, 981-3473
Action:
Adopted Resolution No. 61,451-N.S.
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Contract:
Transitional Housing for Mentally Ill
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments with the Avondale Hotel in an amount not
to exceed $75,000 to provide transitional housing for individuals who
are homeless and seriously mentally disabled for the period December
1, 2001 to June 30, 2002.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,452-N.S.
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Disability
Retirement Determinations of Local Safety Employees
From:
City Manager
Recommendation:
Adopt
a Resolution modifying the procedure for affording administrative due
process for disability retirement determinations of local safety
employees under the California Public Employees’ Retirement System (CalPERS)
and rescinding Resolution No. 56,517–N.S.
Contact:
Ron Brown, Human Resources, 981-6100
Action:
Adopted Resolution No. 61,453-N.S.
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Grant:
Proposition 12 – California Heritage Fund - Landscaped Median
Strip on Piedmont Avenue (CF 01-175)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit an
application to the Office of Historic Preservation, California
Department of Parks and Recreation, for available grant funds from the
California Heritage Fund Grant Program under the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000,
and to execute any related grant agreements and any amendments that
may be necessary.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700,
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No. 61,454-N.S.
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Purchase Order:
Temporary
Employment Agency Services
From:
City Manager
Recommendation:
Adopt a Resolution authorizing increasing the purchase order up
to $75,000 for Apple One Employment Agency for temporary employment
services for the Parks Recreation & Waterfront Department for the
period July 1, 2001 to June 30, 2002.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
Action:
Adopted Resolution No. 61,455-N.S.
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Contract:
Southside Plan Environmental Review
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract amendment with LSA Associates to add $100,000 in previously
allocated Southside Plan funds for a total contract amount not to
exceed $183,810 for completion of the required environmental review
for the draft Southside Plan General Plan Amendment, and extending the
term of the contract until January 31, 2003.
Contact:
Carol Barrett, Planning and Development, 981-8102
Action:
Withdrawn by the City Manager
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Purchase Order:
Heavy Duty Truck Hoist
From:
City Manager
Recommendation:
Adopt
a Resolution authorizing the purchase of a heavy duty above-ground
truck hoist from Municipal Maintenance Equipment, in an amount not to
exceed $55,000 and to be funded through the Solid Waste Fund.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No. 61,456-N.S.
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State
Proposition 42 - Transportation Congestion Improvement Act
From:
City Manager
Recommendation:
Adopt
a Resolution supporting Proposition 42, the Transportation Congestion
Improvement Act, on the March 5, 2002 statewide ballot.
Contact:
Peter Hillier, Transportation, 981-7000
Action:
Withdrawn by the City Manager
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Change
of Dwight Way’s categorization in the General Plan
From:
Councilmembers Breland and Maio
Recommendation:
Refer
to the City Manager and Office of Transportation scheduling
neighborhood meetings with Dwight Way residents and councilmembers
regarding Dwight Way’s categorization in the General Plan.
Contact:
Margaret Breland, Councilmember District 2, 981-7120, Linda
Maio, Councilmember District 1, 981-7110
Action:
Approved recommendation.
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Olmstead
Median Strip On Piedmont Avenue and Gayley Road
From:
Mayor Dean
Recommendation:
That, as part of the discussion on February 19, 2002 of a
staff report on with reference to the landmark Olmstead
median strip on Piedmont Avenue and Gayley Road, the Council consider
refer to the City Manager the posting of a proposal
to post signs prohibiting parking on the median and to impose and
enforce appropriate financial penalties for violations, the import of
which would be posted. The
visual impact of the postings should be taken into account and woven
into any design for the median.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation as revised by Mayor Dean.
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Expand
Labeling on Food Products
From:
Mayor Dean
Recommendation:
1)
Request that the City Manager write to the Food and Drug
Administration (FDA) expressing support for proposals for labeling on
food products to be expanded to include trans fat (hydrogenated
vegetable oils) in particular and also that the labeling include all
ingredients and include them in a way that is more understandable by
the average consumer; and 2) Refer this matter to the Community Health
Commission, the Health Department, the Food Policy Council, the Food
Policy Group, the South and West Berkeley Health Forum, and other
appropriate groups for their recommendations on how best to include
this issue in the City Food and Nutrition Plan and promote the
health of residents by reducing the inclusion of food products
containing trans-fatty acids (“hydrogenated vegetable oils”) and
other dangerous substances in their daily food intake.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation. (Abstain – Armstrong)
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Reported
Violations of Human Rights of the Falun Gong
From:
Councilmember Hawley
Recommendation:
Request
that the Peace and Justice Commission look into allegation of
government oppression and violence against members of the Fulan Gong
in Berkeley’s sister city, the Haidian District of Beijing, China,
and recommend whether the Council should take action.
Contact:
Miriam Hawley, Councilmember District 5, 981-7155
Action:
Approved recommendation. (Abstain – Armstrong)
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Parking
in Bus Stop Zones
From:
Councilmember Hawley
Recommendation:
Ask
the City Manager and the Transportation Commission to work with AC
Transit to allow parking in bus stop zones where bus usage is limited
to morning or afternoon commute periods.
Contact:
Miriam Hawley, Councilmember District 5, 981-7155
Action:
Approved recommendation with amendment by Councilmember
Worthington to ask staff and the commission to focus on signage.
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Active
Recreational Uses for the Albany Plateau in the Eastshore State Park
General Plan
From:
Councilmembers Hawley and Shirek
Recommendation:
Ask
the City Manager to write a letter of support for the planning
process for the inclusion of formal playing fields active
recreational uses on the Albany Plateau as an option in the
General Plan for Eastshore State Park. Our support would include a stipulation that the fields
recreational facilities be developed in keeping with State Park
and Recreation guidelines for active recreational uses, and that
protection of wildlife habitat should be a primary consideration as
plans for the fields are developed.
Contact:
Miriam Hawley, Councilmember District 5, 981-7155, Maudelle
Shirek, Councilmember District 3, 981-7130
Action:
Removed from Consent Calendar by Councilmember Spring and held
over to February 26, 2002.
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City
Manager Evaluation and Discussion of Compensation Issues
From:
Mayor Dean
Recommendation:
Request
the City Clerk schedule a time for a Closed Session Council Meeting
to conduct the City Manager evaluation and discussion of compensation;
that the Council designate the Mayor and Vice Mayor to meet with
the City Manager regarding compensation and report back to the Council
at the Closed Session. Approximately
one and one-half hours should be reserved, possibly at a noontime
lunch meeting. The meeting should occur when all Council members are
available and at the soonest date possible.
It is likely that only one meeting will be necessary for this
purpose.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Removed from Consent Calendar by Councilmember Worthington and
held over to February 26, 2002.
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Dragon
Boating at the Berkeley Marina
From:
Mayor Dean
Recommendation:
Refer
to the City Manager for evaluation the use of the Berkeley Marina for
an expanded Berkeley Dragon Boat program, and encourage the Dragon
Boat leaders, members of the Parks and Recreation and Waterfront
Commissions, and related staffs to move forward to quickly complete
the review process since the dragon boat racing season is fast
approaching. Further,
the review process should include consultation with representatives of
the Sierra Club, Citizens for an Eastshore Park, the Aubudon Society,
and Save the Bay, as well as others who might have an interest in this
matter.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Removed from Consent Calendar by Councilmember Worthington and
held over to February 26, 2002.
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Ban
Smoking Within 15-25 Feet of All Buildings Open to the Public
From:
Mayor Dean
Recommendation:
Direct
the City Manager to draft an amendment to Section 12.70.030 of the
Berkeley Municipal Code (BMC) to ban smoking within 15-25 feet of the
entrances of all Berkeley buildings open to the public.
The exact number of feet would be determined by the City
Manager. The
recommendation should be reviewed by the Health Commission and other
interested parties, and the Manager should come back to Council with
the proposed ordinance changes.
Contact:
Shirley Dean, Mayor, 981-7100
Action:
Approved recommendation. (Abstain – Armstrong)
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Support
for Janitors Union at 1947 Center Street
From:
Councilmember Worthington
Recommendation:
Support
the Janitors Union at 1947 Center Street.
Also direct the City Manager to explore possibilities of
locating other places for lease and possible cancellation of lease.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation as amended by Armstrong to ask the City
Manager to look into the issue of the living wage ordinance as well.
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Proclamation
Designating the Month of March 2002 as Women’s History Month
From:
Councilmember Worthington
Recommendation:
Support
proclamation designating the month of March 2002 as Women’s History
Month.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
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Proclamation
Honoring Gail Dolgin and Vicente Franco for the Film Daughter from
Danang
From:
Councilmember Worthington
Recommendation:
Support
the proclamation honoring Gail Dolgin and Vicente Franco for their
film Daughter from Danang and proclaiming March 13, 2002 as
Dolgin & Franco Day.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
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Naming
I-80 Pedestrian Bicycle Overpass in Honor of Tom Bates
From:
Councilmember Spring
Recommendation:
Refer
to the Parks and Recreation Commission the request to name the I-80
pedestrian/bicycle/wheelchair overpass in honor of former Assemblyman
Tom Bates for the contribution that he made to the formation of the
Eastshore State Park, the environment and disability rights; and
request that the Commission return to the Council with their
recommendation by June 2002.
Contact:
Dona Spring, Councilmember District 4, 981-7140
Action:
Approved recommendation as amended by Councilmember Maio to
also refer to the Waterfront Commission.
(Abstain – Olds)
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Potential
Ballot Measures – November 2002
From:
City Manager
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Held
over to meeting of February 26, 2002.
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Mid-Year
Budget (To Be Delivered)
From:
City Manager
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Action:
Held
over to meeting of February 26, 2002.
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Extend Residential Permit
Parking
From:
City Manager
Recommendation:
Conduct
a public hearing and, upon conclusion, adopt a Resolution amending
Sections 25C, 25J, and 25M of Resolution No. 56,508–N.S. by adding
subsection to extend residential permit parking on both sides of
Bancroft Way between McGee Avenue and Jefferson Avenue, on the east
side of Fulton Street between Oregon Street and Russell Street, and on
both sides of Ellis Street between Prince Street and Woolsey Street;
and authorizing the use of $900 from the operating budget of the
Public Works Department to cover implementation costs.
Contact:
Rene Cardinaux, Public Works, 981-6300
a.
Communications
-
Kevin
Powell
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Public
Testimony: The Mayor
opened the public hearing. No
speakers. Moved, seconded, carried (Worthington/Spring) to close the
public hearing.
Action:
Moved,
seconded, carried (Worthington/Spring) to adopt Resolution No. 61,457-N.S.
Adjustments to Council District
Boundaries (Redistricting)
From:
City Manager
Recommendation:
1.)
Conduct the first of two public hearings to receive and consider
proposals to amend council district boundaries based on the 2000
census figures; 2) As part of the public hearing process provide an
opportunity for submitters of redistricting proposals to present their
proposals and an opportunity for staff to present an update on
adjustments to census data; and 3) Upon conclusion of the public
hearing, hold a Council discussion and express support for a specific
proposal and/or request modification of a proposal and direct staff as
needed to provide additional maps and/or analysis of the preferred
proposal for the second public hearing scheduled for February 26,
2002.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
a.
Communications
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Dona
Spring, Councilmember, District 4
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Citizens
for Fair Representation
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Robert
Flasher
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Merrilie
Mitchell
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Public
Testimony: The Mayor
opened the public hearing. 12 speakers.
Moved, seconded, carried (Olds/Worthington) to close the public
hearing.
Actions:
Council held a
discussion and expressed support for the following specific proposals:
Moved,
seconded, failed (Hawley/Armstrong; Noes – Breland, Spring, Worthington;
Abstain – Maio, Shirek) a substitute motion to give further
consideration to proposals presented by ASUC, Cohen and Spring and
scenarios presented by the City Manager during the first redistricting
process modified to take into account adjusted census data.
Moved,
seconded, failed (Spring/Breland; Noes – Hawley; Abstain – Armstrong,
Olds, Shirek, Spring, Worthington) a main motion severed to give further
consideration to the Cohen proposals.
Moved,
seconded, failed (Spring/Breland; Noes – Armstrong, Hawley, Olds, Dean;
Abstain – Breland, Maio, Shirek) a main motion severed to give further
consideration to the Spring proposal.
Moved,
seconded, carried (Shirek/Spring) a severed motion to give further
consideration to the Cohen proposal.
Moved,
seconded, carried (Shirek/Spring; Noes – Armstrong, Hawley, Olds, Dean)
to give further consideration to the Rizzo proposal.
Moved,
seconded, failed (Armstrong/Hawley; Noes – Breland, Worthington; Abstain
– Maio, Shirek, Spring) to give further consideration to the ASUC
proposal.
By
consensus Council agreed that members of the Council may wish to see
modifications to either the Cohen or Rizzo proposal and would work with
the City Manager to have any modifications available for the public
hearing on February 26, 2002.
Re-zoning
Ten Parcels on the North Side of Hearst Street between San Pablo
Avenue and Curtis from R-3 to R-2A
From:
City Manager
Recommendation:
Conduct a public
hearing and, upon conclusion, adopt a Resolution to maintain
the existing R-3 Multiple-family Residential Designation, and direct
staff to prepare design review guidelines and procedures for San Pablo
Avenue and adjacent multi-family zones.
Contact:
Carol Barrett, Planning and Development, 705-8102
a. Communications
-
Ken
Schmier
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Dale
Anania
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Susan
Wappenstein
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Sandra
Hrdlicka
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Ruth
Knapp
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Kris
Antonsen
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Elaine
Eastman
-
Hoss
Azimi
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Marc
Mathieu
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Carolyn
Corey & Alisa Foster
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Belen
Garido
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Andrea
Blum
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Curt
Clingman
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Mary
Jo Thoresen
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Solomon
Kahn
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Eric
Lazar
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Cynthia
Hazell
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Alice
Waters
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Pam
Ormsby
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Blaine
Breide
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Edison
Allen Jr.
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Ellen
B. Freed
-
Teal
Major
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Rolf
Williams
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Barbara
Getz
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Marina
Barnett & James Barnett
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Michael
Cohen
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Louise
Lo
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Patricia
Tucker
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Harry
Watamura
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Paul
Shain
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Deborah
Dixon & Dawn Marie Wadle
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Damien
Curry
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Amy
Billstrom
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Hearst/Curtis/Delaware
Neighborhood Association
-
Johanna
Vondeling
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Frederick
Gadelle
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Public
Testimony: The Mayor
opened the public hearing. 24
speakers.. Moved,
seconded, carried (Spring/Maio) to close the public hearing.
Actions:
Moved,
seconded, carried (Spring/Maio; Noes – Hawley; Abstain – Breland)
upholding the Planning Commission's decision to downzone to R-2A and adopting the findings
of the Planning Commission.
Maximum
Taxicab Fare Rate Increase
From:
City Manager
Recommendation:
Conduct a public hearing and, upon conclusion, adopt a
Resolution amending Section C of Resolution No. 58,489-N.S. to
increase the maximum taxicab fare rates for the flag drop, minimum
mileage, waiting time and traffic delay.
Contact:
Fran David, Finance, 981-7300
Public
Testimony: The Mayor
opened the public hearing. 1
speaker. Moved, seconded,
carried (Worthington/Armstrong) to close the public hearing.
Actions:
Moved,
seconded, carried (Armstrong/Worthington; Absent – Maio) to adopt
Resolution No. 61,458-N.S.
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Formal Bid Solicitations and
Request for Proposals
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Received and filed.
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Landmarks Preservation
Commission Notices of Decision: Discontinuation
of Initiation for: 2220
Cedar Street & 1300 Martin Luther King, Jr. Way
From:
City Manager
Contact:
Carol Barrett, Planning and Development, 705-8102
Action: Moved to Action by Mayor Dean and held over to February 26,
2002.
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Landmarks Preservation
Commission Notices of Decision: Approval
of the Structural Alteration Permits for:
2071 Addison Street; 2087 Addison Street & 1099 Ashby
Avenue
From:
City Manager
Contact:
Carol Barrett, Planning and Development, 705-8102
Action: Received and filed.
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Schedule
for Discussion of
General
Plan Elements
From:
City Manager
Contact:
Carol Barrett, Planning and Development, 705-8102
Action: Received and filed.
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Progress of the Residential
Preferential Parking Advisory Group (CF 67-00, CF 253-00)
From:
City Manager
Contact:
Fran David, Finance, 981-7300
Action:
Moved to Action by Mayor Dean and held over to February 26,
2002.
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Citywide Cash Receipts/Cash
Handling Survey Report
From:
City Auditor
Contact:
Ann-Marie Hogan, City Auditor, 981-6750
Action:
Received and filed.
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Summary of Activities for 2001
and Work Plan for 2002
From:
Fair Campaign Practices Commission
Contact:
Prasanna Rasiah, Fair Campaign Practices Commission, 981-6950
Action:
Received and filed.
The
following communications were read, noted and filed, unless oltherwise
noted:
-
Jim
Hultman, regarding Berkeley Community Media (B-TV) - Breland,
Dean,
Olds – With a Request that there be a report and
presentation to Council.
Ray
Dobard, regarding the summary of the January 29, 2002 special council
meeting
Ari
DeSilva, regarding food vending license - Breland,
Worthington, Dean
Carol
Jenkins and Anthony Guarnieri, regarding Tune-up Masters – Spring,
Dean
Ken
Stein, regarding Ed Roberts campus
Paul
Kamen, regarding Berkeley Dragons
Joe
Clay, USMC, regarding Afghanistan resolution
Kay
Schwartz, regarding cable franchise – Maio,
Spring, Hawley, Dean
Mitch
Cohen, regarding transportation alternatives – Maio,
Spring, Dean
William
Bedford, regarding Fairview and 63rd Streets – Maio,
Hawley, Dean
Esther
Martino, regarding 2700 San Pablo Avenue
Ray
Dobard, regarding captioning at the Commission on Disability meetings
– Worthington,
Dean
Carol
Denney, regarding Berkeley Folk Festival
Sharon
Brown, Metropolitan Transportation Commission, thanking the council for
its letter of support for providing subsidized bus passes to low-income
students at the November 27, 2001
Karen
Kemp (Donahue), regarding grant request for book production on History
of Berkeley’s Pathways
Karen
Baker, UA evictions – Maio,
Spring, Dean
Tina
Juarez, regarding pedestrian safety – Maio,
Spring, Dean
Regarding
Lawrence Berkeley National Laboratory: – Maio,
Dean
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Darrel
Staley
-
Robert
Clear
Celia
McCarthy, regarding “Safe Route to Schools” project – Maio,
Worthington, Dean
Carol
Sullivan, regarding Santa Fe Right of Way – Maio,
Spring, Hawley, Dean
Leuren
Moret, regarding radiation
SUPPLEMENTAL
COMMUNICATIONS AND AGENDA REPORTS
Item
13 Olmstead Median Strip
22.
Revised report from Mayor Dean
Item
14 Food
Labeling
23.
Addendum from Mayor Dean
Item
17 Active
Recreational Uses for Albany Plateau
24.
Revised report from Councilmembers Hawley and Shirek
25.
Paul Kamen, Chair, Berkeley Waterfront Commission
Item
18 City Manager
Evaluation
26.
Revised report from Mayor Dean
Item
19 Dragon Boating
27.
Revised report from Mayor Dean
Item
28 Redistricting Public Hearing
28.
Merrilie Mitchell
Item
29 Re-zoning North Side of Hearst Street between
San Pablo Avenue and Curtis
29.
Nancy Bickel and Lois Brubeck, League of Women Voters - Hawley
30.
Stephen Wheeler - Hawley
31.
Lynda Hart - Hawley
Item
34 General Plan
32.
Addendum to City Manager Report
Action:
Moved,
seconded, carried (Armstrong/Maio) to suspend Council Rules to extend the
meeting to midnight to complete specific agenda items.
Moved,
seconded, carried (Worthington/Maio) to extend the meeting until 12:15
a.m.
Adjourned
at 12:15 a.m.
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