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SUMMARY
BERKELEY CITY COUNCIL SPECIAL MEETING
TUESDAY, OCTOBER 24, 2000
Preliminary Matters Roll Call: 7:52 p.m. Councilmember Woolley absent. Ceremonial Matters: Proclamations: Honoring Berkeley Partners for Parks for the Aquatic Park Childrens Playground Project and Zasa and Stephen Swanson for
their leadership. Proclamation:
World Population Awareness Proclamation:
United Nations Day Action: Presented Proclamations. Comments
from the City Manager: ·
Early Voting is
available in the City Clerk's office at 1900 Addison from 8:00 to 5:00
p.m. weekdays. ·
On Friday October
20 the Annual Hills Emergency Forum was held. The City staff agreed to participate in the review of the
East Bay Regional Parks District Environmental Impact Report (EIR) for
their FEMA funded fuel break project. ·
The weekend
windstorm resulted in 400 emergency calls with 243 damage locations. Comments from the Public: Thirteen speakers. Consent Calendar Action: Moved, seconded, carried (Worthington/Olds; Absent - Woolley) to approve the Consent Calendar in one motion except as indicated. 1.
Needle Exchange Emergency Distribution Action: Adopted Resolution No. 60,808-N.S.
2.
Minutes for Approval Action: Approved minutes. 3.
Regulation of Indoor Entertainment Events
From: City Manager Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events (Ordinance No. 3289-N.S. as amended) and adopting a new Chapter 13.46 regulating large indoor entertainment events. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Removed from the Consent Calendar by Councilmember Worthington and held over to November 14, 2000. 4.
Street Rehabilitation FY2001 Phase 1
From: City Manager Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY2001 Phase 1 Project, accepting bid of Gallagher & Burk, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,628,829, for a period of 120 calendar days. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,809-N.S. 5. Contract: Vehicle
Maintenance Building Roof Restoration
From: City Manager Recommendation: Adopt a Resolution approving the plans and specification for the Vehicle Maintenance Roof Restoration at the Solid Waste Management Center, accepting the bid of Pioneer Roofing, and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $62,040. Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution No.
60,810-N.S. 6. Communication Tower
Study
From: City Manager Recommendation:
Adopt a Resolution
approving the procedures which include 1) citizen involvement in the
establishment of the consultant’s scope of work, the requests for
qualification (RFQ) criteria, the selection of the consultant, and the
review of the consultant’s final report; 2) authorize the City Manager
to proceed with the preparation of the RFQ; and 3) direct the City Manager
report back to Council with the RFQ document prior to issuance. Contact: Rene Cardinaux, Public Works, 665-3460
Actions:
seconded, (Spring/Breland) to approve the recommendation. Moved, seconded, carried (Spring/Breland; Absent - Woolley) to adopt
Resolution No. 60,811-N.S. approving the procedures and authorizing the
City Manager to proceed with the preparation of the RFQ. Moved, seconded, carried (Spring/Breland; Noes - Olds, Dean; Absent -
Woolley) to adopt Resolution No. 60,812-N.S. to approve composition of the
Committee. Mayor Dean stated
for the record that she believes that the committee should not include a
councilmember's spouse. 7.
Civic Arts Coordinator
From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 59,883-N.S., classification and salary resolution for Local 535 employees, to increase the salary range for the Civic Arts Coordinator by 11.4% effective 8/8/99 and by a 4% COLA effective 6/25/00. Contact: Ron Brown, Human Resources, 665-7614
Action:
Adopted Resolution No.
60,813-N.S. 8.
Contract: 3% at Age
50 Retirement Formula for Fire Only
From: City Manager Recommendation: 1) Adopt a Resolution of Intention amending the City's contract with the California Public Employees' Retirement System (CalPERS) to provide the 3% at Age 50 Retirement Formula for local fire employees only; and 2) adopt first reading of an Ordinance amending the City's contract with CalPERS to provide the 3% at Age 50 Retirement Formula for local fire employees only. Contact: Ron Brown, Human Resources, 665-7614 Action:
Adopted Resolution No.
60,814-N.S. and first reading of Ordinance.
Second reading November 14, 2000. 9. Contract: Health
Systems Consultant
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with George F. Timson for development and maintenance of medical health data management and billing software for the Department of Health and Human Services, in an amount not to exceed $40,000 for the period July 1, 2000 through June 30, 2002. Contact: Fred Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution No.
60,815-N.S.
10. Vendor Assisted Tobacco Sales
From: City Manager Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.62, Sections 13.62.010 B, E and F, Section 13.62.020 G, adding 13.62.020 H, I, J, and K, amending 13.62.050 B, and adding Sections 13.62.035, 13.62.045 and 13.62.070 which would a) require all tobacco products be offered for sale exclusively by means of vendor assistance; b) prohibit the sale or display for sale of any tobacco products by means of self-service rack, counter-top or shelf display that allows self-service sales for any tobacco products; and c) amend title of BMC, Chapter 13.62 from "Tobacco Vending Machines and Free Sampling" to "Vendor Assisted Tobacco Sales, Vending Machines and Free Sampling." Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted first reading of Ordinance. Second reading November 14,
2000. 11. Addison Street Poetry Panels Fundraising Campaign
From: City Manager Recommendation: Authorize the City Manager to initiate a short term fundraising campaign directed at private and public interested parties in support of completing the funding needs for the Poetry Panels Project in the Arts District on Addison Street. Contact: Bill Lambert, Economic Development, 705-8180 Action: Approved recommendation amended by Councilmember Spring to also direct the City Manager to report on the amount of monies raised and spent and how they have been allocated on all of the arts projects. 12. Contract: Portable
Toilet Rental and Service
From: City Manager Recommendation: Adopt a Resolution 1) approving plans and specifications for the rental and service of portable toilet units in City parks; 2) accepting the bid of Portosan Company; and 3) authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $72,000, for a 12-month period with an option to renew for two additional 12-month periods. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action:
Adopted Resolution No.
60,816-N.S. as revised to reflect the Portosan Company has the successful
bidder. 13.
Underhill Master Plan
From: Councilmember
Worthington Recommendation: Request the Regents of the University of California postpone the discussion of the Underhill Master Plan for the Regents meeting in Los Angeles in November until they meet again in San Francisco in January. Contact: Kriss Worthington, Councilmember District 7, 644-6398 Action: Approved recommendation.
14. Waiver of Fees: 16th
Annual Telegraph Avenue Holiday Street Fair
From: Councilmembers
Worthington and Maio Recommendation: Adopt a Resolution 1) Waiving event, sound and insurance fees associated with the Fair and allow an exemption to Berkeley Municipal Code (BMC) Section 20.24.040 to allow a banner to be hung across Telegraph Avenue and vertical banners on light poles advertising the event and that Telegraph Avenue from Dwight to Bancroft be closed allowing only cross traffic; 2) approve the City's provision of the following in-kind services: 4 portable toilets provided by Public Works, dumpster and Solid Waste services, traffic signage and traffic engineering services, and assistance from Public Works in hanging the banners; contribution of $10,000 to the Holiday Fair and Seasonal Marketing Campaign. Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359 Action: Adopted Resolution No. 60,817-N.S. as clarified by Councilmember Worthington to set the time period for the sound permit at 10:00 a.m. to 6:00 p.m. and the contribution to the Holiday Fair at $2,500 and the Seasonal Marketing Campaign at $7,500. 15.
City Response to Telegraph Riot
From: Councilmember
Worthington Recommendation: Request a thorough investigation of the circumstances on the UC campus which caused a riot in the Telegraph area on October 14, 2000 as follows: 1) What time the University Police Department officially notified the Berkeley Police Department about the problem; 2) What point was a decision made to remove the approximately 800 participants in the event and move them outside onto the street into a group of people which the UC Police Department had described as an unruly crowd; 3) What direction the crowd was given to disperse them from the event, whether they were pushed further onto campus or into the business and residential areas; 4) Are there significant differences in crowd control protocols between Berkeley Police Department and University Police Department? Are there better ways to coordinate policies between the two departments? 5) Were there policies not followed? Are there modifications to policies needed based on what happened? and 6) Has it been determined in the investigation who pulled the fire alarm? Contact: Kriss Worthington, Councilmember District 7, 644-6398 Action: Approved recommendation (Noes – Olds; Absent - Woolley). 16. Support Benign Brain Tumor Cancer Registries Amendment Act
(HR5204)
From: Councilmember
Maio Recommendation: Support passage of the Act, approve letter to Assemblymembers and Senators, and direct the City Manager to send the letter to the House and Senate. Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Approved recommendation.
17.
Waive Fees: Food
Not Bombs Memorial Service
From: Councilmember
Maio Recommendation: Adopt a Resolution waiving fees for the Veteran's Memorial Building Auditorium for the Food Not Bombs Memorial Service on October 29, 2000. Contact: Linda Maio, Councilmember District 1, 644-6359
Action:
Adopted Resolution No.
60,818-N.S. 18.
Health Disparity Issue in South and West Berkeley
From: Councilmember
Breland Recommendation: Schedule a 20-minute presentation at a future Council meeting for Community Capacity Building, a model that the Berkeley Community Action Team has identified as one of the approaches to address the racial and health disparity issue in South and West Berkeley. Contact: Margaret Breland, Councilmember District 2, 644-6400 Action: Approved recommendation. 19.
Memorial Stadium Lighting
From: Planning
Commission Recommendation: Direct the City Manager to write a letter to the Athletic Department of the University of California at Berkeley and Fox Sports Network identifying the City's concern regarding the potential environmental significance of night games at Memorial Stadium, and requesting specific information regarding the proposed materials, usage and potential environmental impact of the Memorial Stadium Lighting Project. Contact: Karen Haney-Owens, Secretary, 705-8137 a.
City Manager Report Recommendation: Concurs with the content and recommendations of the Commission. Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Approved recommendation. Action Calendar Appeals: 20.
Zoning Appeal of Use Permit
to allow a substantial change in character of an existing, non-conforming
use at 2022 Grant Street
c. Communications 1. Anne Steiner; Sean Kley; Sean Reilley; Maria DeLuca. Action: Moved, seconded, carried (Spring/Maio; Noes - Olds; Absent - Woolley) to remand the matter back to the Zoning Adjustment Board to consider issues raised in the appeal of Wendy Alfsen; the tenants' issues as contained in communications to Council; and to consider strengthening the findings as a means of addressing these issues. Old
Business: 21. Decision Regarding Residential Permit Parking (public hearing held on
October 17)
From: City Manager Recommendation:
Adopt a
Resolution amending Sections 25M and 25N of Resolution No. 56,508-N.S., by
adding subsections to extend residential permit parking on Emerson Street
between Tremont Street and Shattuck Avenue, on all of Keoncrest Drive, and
on all of Catherine Drive. Contact:
Rene Cardinaux, Public Works, 665-3460 Action: Moved to Consent Calendar by Councilmember Worthington. Adopted Resolution No. 60,819-N.S. 22. Increase City Manager Bid and Expenditure Authority (removed
from Consent Calendar by Councilmember Spring and held over from October
17)
From: City Manager Recommendation: Adopt a Resolution increasing the expenditure authority for the City Manager by $1,000,000 to a total amount not to exceed $21,000,000 for the design and construction of the physical improvements and any incidental equipment and services related to the seismic upgrade and renovation of the Martin Luther King Jr. Civic Center Building. Contact:
Rene Cardinaux, Public Works, 665-3460 Action: Moved to Consent Calendar by Councilmember Worthington. Adopted Resolution No. 60,820-N.S. 23.
New Building Codes (removed from Consent Calendar by
Mayor Dean and held over from October 17)
From: City Manager Recommendation: Adopt the following: 1) first reading of an Ordinance repealing the Berkeley Building, Electrical, Mechanical and Plumbing Codes and related procedural provisions in BMC Chapters 19.28, 19.30, 19.32 and 19.36 (Ordinance No. 6312-N.S.) and adopting new BMC Chapters 19.28, 19.30, 19.32 and 19.36 and procedural provisions; 2) first reading of two Ordinances enacting new BMC Chapter 19.76, Regulating the Moving of Buildings, and Chapter 19.80, Minimum Security in the City of Berkeley; and 3) a Resolution setting forth findings of local conditions that require more stringent regulations than those provided by the 1998 California Building Code. Contact: Wendy Cosin, Planning and Development, 705-8108 Action:
Moved, seconded, carried (Olds/Armstrong; Absent -Maio, Woolley,
Worthington) to adopt Resolution No. 60,821-N.S. and first reading of
three ordinances. Second readings November 14, 2000. 24.
Civic Center Parking (removed from the Consent Calendar
by Councilmember Worthington and held over from October 17)
From: Mayor Dean Recommendation: Immediately take the following actions: 1) formally recognize that a daytime Civic Center parking problem exists; 2) direct the City Manager regard this as a priority matter and move expeditiously to solve this problem; 3) involve as partners in resolving the problem: City employees (Police, Fire, Locals 1, 535 and 790 and unrepresented), Berkeley Unified School District, Court, Downtown Business Association, and Vista College; 4) quantify the needs of all the partners, but recognize that parking for City employees is our priority, and survey all existing spaces that can be in place when the move back to 2180 is completed; 5) actively and immediately pursue whether the current opportunity represented by development proposals involving ground floor retail, parking and offices for the property adjacent to Center Street Garage is a viable option and recognize that any parking must take into account employees that work late night shifts; 6) evaluate the provision of City employee parking at Center Street Garage and what the impact would be on the Downtown from the reduction of available daytime parking spaces and recognize that any parking must take into account employees that work late night shifts; 7) determine whether a joint City/BUSD/Courts/Vista College satellite parking facility with frequent shuttle service is a viable option and recognize that any parking must take into account employees that work late night shifts; and 8) report back to the Council on a regular basis until a plan is developed. Contact: Shirley Dean, Mayor, 644-6484 Action: Considered with Items 25, 35 and 37 (see Item 25 for Action). 25.
Civic Center Parking
From: Councilmembers
Maio, Spring and Worthington Recommendation: 1) Await the presentation of the Traffic Demand Southside/ Downtown Transportation Demand Management Study (TDMS). which is imminent and will include extensive analysis and recommendations related to parking and transportation modes, before referring a large number of deliverables on parking and transit to the staff; and 2) direct the City Manager to develop a strategy for filling the high number of vacancies in the Planning Department so that the Council's priorities in managing traffic and parking impacts can be accomplished. Contact: Linda Maio, Councilmember District 1, 644-6359; Dona Spring,
Councilmember District 4, 644-6266; Kriss Worthington, Councilmember
District 7, 644-6398. Actions: Considered with Items 24, 35 and 37.
Moved, seconded, carried (Spring/Maio; Noes – Dean; Absent -
Woolley) to approve recommendations proposed by Councilmembers Maio,
Spring and Worthington in their report (Item 25) and to accept the City
Manager’s current approach as stated in Information Reports 35 and 37. 26. Pedestrian Crossing at Hearst and Martin Luther King Jr. Way (removed
from the Consent Calendar by Councilmember Spring and held over from
October 17)
From: Mayor Dean Recommendation: The City Manager, in consultation with the Transportation Commission, evaluate and report back to the Council within 45 days regarding the pedestrian crossing situation adjacent to the North Berkeley Senior Center (Hearst and Martin Luther King Jr. Way), to determine if there is ample time allowed for the elderly residents who patronize this facility to safely cross this busy intersection; and to consider not only the timing of these traffic signals but also the installation of countdown pedestrian crossing signals at this intersection and at intersections adjacent to the West Berkeley and South Berkeley Senior Centers. Contact: Shirley Dean, Mayor, 644-6484. Action: Moved, seconded, carried (Spring/Olds; Absent - Woolley) to approve: 1) the recommendation amended by Councilmember Spring to remove the time stipulation of "within 45 days" and to add the Harriet Tubman Center and North, South and West Berkeley Senior Centers for purposes of considering countdown signals for these sites; 2) to refer to the City Manager a request to analyze and report back on the five most dangerous intersections as identified in the Pedestrian/Bicycle report; and 3) to provide the Council with a report which will include a list of what intersections the City is reviewing and the criteria used.
27.
Final Scoping Report on LBNL's Radioactive Emissions and
Environmental Data (removed from the Consent Calendar by
Councilmember Armstrong and held over from October 17)
From: Councilmembers Worthington and Spring Recommendation:
Request
the contractor, IFEU (Institute fur Energie - und Unweldforschung
Heidelberg GmbH) to make a presentation of its Draft Final Scoping Report
on LBNL's past and present radioactive emissions and environmental data at
a community workshop sponsored by the City at the North Berkeley Senior
Center, three to six weeks from submission of IFEU's Draft Final Scoping
Report and adopt a Resolution amending the contract to include a new
timeline of December 20, 2000 for Report 2, the Draft Final Scoping Report
and amending the timeline for the Final Scoping Report to March 15, 2001. Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266 Action: Moved, seconded, carried (Spring/Worthington; Absent - Woolley) to adopt Resolution No. 60,822-N.S. At the recommendation of Mayor Dean, the Council agreed to also hold a special meeting of the Council to receive and discuss the report. 28. Support Measure E – Peralta Community College District Bond
Measure (removed from the Consent Calendar by Councilmember Shirek
and held over from September 19, September 26, October 10 and October 17)
From: Councilmembers
Worthington and Spring Recommendation:
Support Measure E which is on the November ballot contingent
upon Peralta Community College District enforceable written commitment to
the City of Berkeley to insure completion of a permanent Vista Community
College campus. Contacts: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266 Action: Moved to the Consent Calendar by Councilmember Worthington. Approved the recommendation (Noes – Shirek; Absent - Woolley). 29.
Referrals of Misconduct Issues to the PRC (held over from
July 25)
From: Police Review
Commission Recommendation: Refer reports of incidents that indicate alleged police misconduct to the PRC for possible investigation, and that Council direct commissions that receive reports of incidents that indicate possible police misconduct to refer them to the PRC and, finally, that Council direct the City Manager to direct all City departments that receive reports of incidents that indicate possible police misconduct to refer them to the PRC. Contact: Barbara Attard, Police Review Commission Officer, 644-6716 Recommendation: Refer the matter to the City Manager for the development of a brochure advising citizens of the various City resources, where citizens can receive assistance and where citizens can receive assistance and where citizens may lodge complaints they may have against any City staff. Contact: Weldon Rucker, Acting City Manager, 644-6580 Action: Moved, seconded, carried (Spring/Maio; Noes - Olds; Absent - Woolley) to approve the City Manager recommendation amended to add the language "including specifically as an option for citizen complaints against the Police, referrals to the Police Review Commission"; to incorporate the concerns of the Police Review Commission in the design and wording of the brochure; and referring the draft brochure to the PRC for review.
New
Business: 30.
Tree Preservation Ordinance
From: City Manager Recommendation: Direct staff and the Parks and Recreation Commission to return in three months with a Tree Preservation Ordinance that protects Oak trees over six (6) inches in diameter citywide and also protects all trees over twelve (12) inches in diameter on multi-unit buildings, and is based upon the "Neighbor to Neighbor" approach outlined by staff. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Withdrawn by the City Manager. 31.
Aquatic Park Sound Barrier From:
City Manager Recommendation: 1) Accept the basic design concepts as presented by The Crosby Group, Structural Engineers, for the Aquatic Park Sound Barrier as developed through the cooperative effort between the City of Berkeley, Caltrans, and the Alameda County Congestion Management Authority (CMA); 2) request the CMA Board recommend to the California Transportation Commission (CTC) reprogramming $3.5 million back into the Alameda County share of the State Transportation Improvement Program (STIP) for the construction of the noise barrier at Aquatic Park in the 2002 STIP. Contact: Lisa Caronna Parks and Waterfront, 644-6943 ext 222 and Rene Cardinaux, Public Works, 665-3460 Action: Moved, seconded, carried (Breland/Shirek; Noes - Armstrong, Olds, Dean; Absent - Woolley) to approve the recommendation. 32.
Excused Absence for Religious Holiday
From: Human Welfare
and Community Action Commission Recommendation: Adopt a Resolution amending Resolution No. 60,683-N.S. to allow excused absences for religious and cultural holidays for commissioners when it is requested in advance of the commission meeting. Contact: Marianne E. Graham, Secretary, 665-3475 Recommendation: Refer this matter to the Council subcommittee considering commission holidays. Contact: Stephen Barton, Housing, 665-3481 Action: Moved to the Consent Calendar by Councilmember Worthington adding the wording "and cultural" holidays. 33. Measure B Paratransit Allotment Formula
From: Commission on
Aging Recommendation: Direct the City Manager to seek a change in the Measure B allotment formula to more accurately reflect Berkeley's senior population by using Alameda County Needs Assessment Oversight Committee statistics. Contact: Suzanne Ryan, Secretary, 644-6107
a.
City Manager Report Recommendation: Take no action on the recommendation of the Commission to seek a change in the formula for distributing Measure B funds among County of Alameda cities. Contact: Stephen Barton, Housing, 665-3481 Action: Held over to November 14, 2000. Information Reports 34.
Appointments to the Commission on Aging
From: Commission on
Aging Contact: Suzanne Ryan, Secretary, 644-6107 Action: Received and filed. 35. Parking for Civic Center Building and Public Safety Building and
Other Related Civic Center Area Parking (to be delivered)
From: City Manager Contact: Grace Maguire, City Manager's Office, 644-6580 Action: Moved to Action Calendar and considered with Items 24, 25 and 37 (see Item 25). 36. Bicycle Boulevard Signage and Pavement Stencils
From: City Manager Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Received and filed. 37.
Status of Transportation Demand Management (TDM) Study
From: City Manager Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Moved to Action Calendar and considered with Items 24, 25 and 35 (see Item 25).
38.
Audit Activities for First Quarter of FY2001
From: City Auditor Contact: Ann-Marie Hogan, Auditor, 644-6440 Action: Received and filed. 39. Implementation of Business License Tax Penalty/Interest Amnesty
for Small Property Owners (CR #215-00)
From: City Manager Contact: Fran David, Finance, 665-7401 Action: Received and filed.
Communications
Action: The following communications were read, noted and filed unless referred to the City Manager for a response: 1) Howie & Connie Muir, re: Proposal for 2700 San Pablo Ave. Dean 2) Anne Marselis, re: Car vandalism on College Ave. Dean, Worthington. 3) Rhiannon, Oceanview Tenants Association, re: Toxics management. Worthington, Maio, Dean. 4)
S. C. Miller, III, Captain, U.S. Navy, Head, Undersea Surveillance,
re: response to letter Surveillance Towed Array Sensor System Low
Frequency Active Sonar ¾
impact on marine animals and humans. SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS
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