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Regular
Meeting eSummary |
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Click on the linked agenda item titles below for background materials/reports. Note:
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Summary
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, SEPTEMBER 10, 2002
Preliminary Matters
Roll Call: 7:01 p.m., All present
Ceremonial Matters:
Oath of Office
Pledge of Allegiance to the Flag
Comments from the City Manager:
Announced events in commemoration of September 11, 2001.
Announced opening of the skate park on Saturday, September 14, 2002.
Announced “eAgenda” on the City’s website and captioning of Council meetings over B-TV.
Comments from the Public: 12 speakers. Councilmember Worthington referred comments from members of the public regarding police actions and policies towards the homeless to the City Manager.
Comments from Youth: 4 speakers.
Consent Calendar
Action: Moved, seconded, carried (Armstrong/Worthington) to adopt the Consent Calendar in one motion except as indicated:
1. Recess Items
a. Contract: Bicycle Boulevard Pavement Legends (PDF, 355 KB)
From: City Manager
Recommendation: Adopt a Resolution accepting the bid of Sierra Striping, Inc., for purchasing and installing pavement legends for designated bicycle boulevards and authorizing the City Manager to execute a contract in an amount not to exceed $231,000 and any amendments.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,727–N.S.
b. Contract: Signs on Bicycle Boulevards (PDF, 329 KB)
From: City Manager
Recommendation: Adopt a Resolution accepting the bid of the Chrisp Company for assembling and installing signs for designated bicycle boulevards and authorizing the City Manager to execute a contract in an amount not to exceed $51,450 and any amendments.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,728–N.S.
c. Fee Waiver: Interfaith Prayer Vigil (PDF, 163 KB)
From: City Manager
Recommendation: Adopt a Resolution waiving certain fees in the amount of $510 for the Interfaith Prayer Vigil hosted by the First Congregational Church of Berkeley on September 11, 2002 in the Martin Luther King Jr. Civic Center Park.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,729–N.S.
2. Sewer Easement Deed Agreement: 11 Maryland Avenue (PDF, 380 KB) (First Vote –Unanimous, July 23, 2002)
From: City Manager
Recommendation: Adopt second reading of an Ordinance accepting an Easement Deed Agreement at 11 Maryland Avenue, for sanitary sewer pipe construction, with Andrew R. Greenwood and Sharan L. Ikeda (husband and wife) property owners.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Ordinance No. 6703–N.S.
3. Storm Sewer Easement Deed Agreements: 455 Boynton Avenue and 459 Boynton Avenue (PDF, 622 KB) (First Vote – Unanimous, July 23, 2002)
From: City Manager
Recommendation: Adopt second reading of Ordinances: 1) accepting an easement deed agreement for storm sewer drainage facilities with Paul Newacheck and Phyllis Fetto (husband and wife) of 455 Boynton Avenue; and 2) accepting an easement deed agreement for storm drainage facilities with Lisa Burnham of 459 Boynton Avenue.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Ordinance Nos. 6704–N.S. and 6707–N.S.
4. Vacating the Northern Most 180.5 Feet of the Alley Between 9th and 10th Streets (PDF, 207 KB) (First Vote – Unanimous, July 23, 2002)
From: City Manager
Recommendation: 1) Adopt second reading of an Ordinance summarily vacating a portion of the public right-of-way, conveying the City’s interests in the vacated property to Carl and Susan Brodsky in exchange for the payment of $8.70 per sq. ft. of easement to the City, said amount to cover the fair market value of the right-of-way to be vacated; and 2) use the money collected for creek and drainage improvements needed at Codornices Creek and 9th Street.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Ordinance No. 6705–N.S.
5. Lease: Quality Computers (Ken Chu)–2435 Channing Way in the Sather Gate Mall for the Purpose of Operating a Computer Hardware/Software Retail Store (PDF, 3 MB) (First Vote – Unanimous, July 23, 2002)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing the execution of a lease agreement and any amendments with Quality Computers at 2435 Channing Way in the Sather Gate Mall, at $2,198 per month for the purpose of operating a computer hardware/software retail store for a period of five years with an option for an additional five years.
Contact: Fran David, Finance, 981-7300
Action: Adopted Ordinance No. 6706–N.S.
6. Needle Exchange Emergency Distribution (PDF, 166 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. 61,730–N.S.
7. Minutes for Approval (PDF, 3 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) July 16, 2002 (regular); b) July 23, 2002 (regular); and c) July 23, 2002 (special).
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Approved recommendation.
8. Readopt Stipend Resolution to Correct Clerical Error (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution readopting the Stipend Resolution to correct a clerical error and rescinding Resolution Nos. 60,505–N.S. and 46,721–N.S.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 61,731–N.S.
9. Council Meeting Calendar: Year 2003 (PDF, 293 KB)
From: City Manager
Recommendation: Adopt a Resolution establishing a calendar for the City Council regular meetings for the Year 2003 with starting times of 7:00 p.m. and workshop meetings to be scheduled on specific dates starting at 5:30 p.m.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Removed from the Consent Calendar by Councilmember Spring and held over to September 24, 2002 with a request that the City Clerk develop an alternate schedule.
10. Amend Council Rules: Captioning Recess (PDF, 116 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Council Rules of Procedure, Section IV, Conduct of Meeting, to provide for a ten-minute recess every two hours to allow for accurate captioning of Council meetings.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 61,732–N.S.
11. Repealing and Reenacting the Massage Parlor Permit Ordinance (PDF, 414 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.32 to codify the application requirements for a therapeutic massage permit; to allow the police to conduct criminal background checks on applicants and those individuals involved in the operation of a massage parlor; and to eliminate the requirement that a permittee be convicted of two public or criminal offenses before revocation of the permit can occur.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Adopted first reading of Ordinance. Second reading scheduled for September 17, 2002.
12. Contract: Addison Street Poetry Panels (PDF, 336 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Cherokee Porcelain and Enamel Corporation in the amount of $35,816 for manufacturing services associated with the Addison Street Poetry Panels, for the period October 1, 2002 to June 30, 2003.
Contact: Tom Myers, Economic Development, 981-7532
Action: Adopted Resolution No. 61,733–N.S.
13. Lease: City’s Central Duplicating and Mail Services (2055 Center Street) (PDF, 295 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with RILCO-CENTER, LLC for a portion of 2055 Center Street to be used for the City’s Central Duplicating and Mail Services, and authorizing rental payments of $5,250 per month, for a total of $63,000 in FY 2003, based on the letter of confirmation from Seagate Properties and authorizing additional operating expenses of $12,000 for maintenance and utilities.
Contact: Fran David, Finance, 981-7300
Action: Adopted first reading of Ordinance. Second reading scheduled for September 17, 2002.
14. Purchase Order: Pedestrian Countdown Signals (PDF, 176 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Centennial Distributors in an amount not to exceed $50,000 for pedestrian countdown signals for purchases through June 30, 2003.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,734–N.S. with a request by Councilmember Maio for an analysis on the effectiveness of the signals.
15. Abandoned Vehicle Abatement Program (PDF, 165 KB)
From: City Manager
Recommendation: Adopt a Resolution supporting the extension of the Alameda County Abandoned Vehicle Abatement Program through May 2013.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,735–N.S.
16. Contract: Dental Services (PDF, 270 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda County Public Health Department, Office of Dental Health for the provision for dental services, education and outreach to eligible elementary schools in Berkeley for the period July 1, 2002 through June 30, 2004 in an amount not to exceed $100,000.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,736–N.S.
17. Contract: HIV Test Counseling (PDF, 204 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkley Free Clinic to perform the HIV antibody pre/post test counseling for the two-year period July 1, 2002 to June 30, 2004, with the second year contingent upon continued funding from the State of California Office of AIDS, in an amount not to exceed $92,000.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,737–N.S.
18. Grant: Enforcement of Local Tobacco Control Laws (PDF, 390 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the California Department of Health Services, Tobacco Control Section in the amount of $200,000 for the period October 1, 2002 to June 30, 2005 for the enforcement of local tobacco control laws; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,738–N.S.
19. Contract: Microfilming Services (PDF, 145 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Imagemax, Inc., by increasing the contract in an amount not to exceed $80,000 for microfilming services for the Planning and Development Department for a total amount not to exceed $100,000 for the period September 15, 2001 through June 30, 2003.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,739–N.S.
20. Support for a 3 Inch Gap Between the Platform and Rail at the Amtrak Rail Stop (PDF, 512 KB)
From: City Manager
Recommendation: Send a letter to Caltrans to support construction of immediate platform improvements with a 3-inch gap between the platform edge and the rail flange at the Amtrak stop located on University at 3rd Street.
Contact: Carol Barrett, Planning, 981-7400
a. From: Commission on Disability
Recommendation: Authorize the City Manager to write a letter to Warren Webber, Director of Caltrans Division of Rail, informing him of the motion regarding access improvements at the Amtrak Rail Stop in Berkeley.
Contact: Paul Church, Secretary, 981-6342
Actions: Approved recommendations.
21. Grant: Juvenile Accountability Incentive Block Grant (PDF, 234 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the State Governor’s Office of Criminal Justice Planning (OCJP) A301 to promote greater accountability of juveniles in the justice system for the period June 30, 2002 through June 29, 2003 in an amount not to exceed $51,541; authorizing matching funding in the amount of $5,727; and authorizing the City Manager to execute a contract and any amendments with Donald P. McCullum Youth Court Inc.
Contact: Roy Meisner, Police, 981-5700
Action: Adopted Resolution No. 61,740–N.S.
22. Purchase Order: Recycling/Evacuation of Refrigeration Equipment (PDF, 174 KB)
From: City Manager
Recommendation: Adopt a Resolution to increase the purchase order with Freon Free for the recycling of refrigeration equipment and evacuation of refrigerants for a total amount not to exceed $30,000 for the period of July 1, 2001 through June 30, 2002.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,741–N.S.
23. Purchase Order: Recycling of Cathode Ray Tubes and Devices (PDF, 180 KB)
From: City Manager
Recommendation: Adopt a Resolution to increase the purchase order with HMR, USA, Inc. for the recycling of cathode ray tubes and cathode ray tube devices for a total amount not to exceed $28,000 for the period July 1, 2001 through June 30, 2002.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,742–N.S.
24. Proclamation: Commending the Berkley Historical Plaque Project (PDF, 122 KB)
From: Councilmember Hawley
Recommendation: Approve a Proclamation for the Berkeley Historical Plaque Project and present it at the October 22, 2002 meeting.
Contact: Mim Hawley, District 5, 981-7150
Action: Approved recommendation. Proclamation to be presented on October 22, 2002.
From: Mayor Dean
Recommendation: 1) Support AB 1344 (Cox) which, effective January 1, 2003, extends the provisions of the Penal Code Section 594.1 (regulating the sale of aerosol spray paint vis-ŕ-vis minor) to include acid/etching creams; 2) ask the City Clerk to write to Governor Davis conveying Council’s support; and 3) ask the City Manager to follow the status of this legislation and report back to Council. In the event of a gubernatorial veto, then the City Manager is requested to draft municipal legislation for Council consideration, and to contact Oakland and Emeryville encouraging them to follow suit (especially important because these cities are home to many craft stores that sell etching cream). If the bill is not vetoed, then the City Manager should: a) publicize California Penal Code Section 594.1 as amended to include acid/etching creams, working closely with the Police Department, business organizations, youth organizations, BART Police, the schools, and other pertinent agencies; b) enforce California Penal Code Section 594.1 using the tiered response therein depending on the number and severity of violations (graffiti, cleanup, community service, parent financial responsibility, loss of driving privileges, jail time), and c) work on creative approaches to the entire graffiti problem.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Mayor Dean
Recommendation: Ask the City Clerk to write to Senator Robert Byrd, Chair of the Senate Appropriations Committee, Senators Boxer and Feinstein, and the City’s federal lobbyist asking them to support the recommendation of the House of Representatives on 2003 appropriation levels for urban parks and recreation under the Urban Parks and Recreation Recovery Program (UPARR). Specifically, to uphold the $30 million recommended by the House for urban parks and recreation rather than the $10 million recommended by the Senate Interior Appropriations Committee.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Mayor Dean
Recommendation: Ask the City Clerk to send a letter to State Treasurer Phil Angelides expressing support for his efforts to achieve corporate reform and accountability by using the shareholder power of the California Public Employees Retirement System (CalPERS), the State Teachers Retirement System (STRS), and those public accountants managed directly by the State Treasurer. Specifically, the Council is expressing support for the divestment of public funds that have been placed in companies that relocate to tax shelters outside of the United States to avoid paying their fair share of federal, state, and other taxes.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
28. Budget Referral: $15,000 for Rebuilding Together (PDF, 86 KB)
From: Mayor Dean
Recommendation: Refer to the budget process a request for $15,000 for Rebuilding Together to be used for the purchase of computer equipment and to hire a work study student to assist with the processing of registration and data during the busiest months between January and June.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
29. Habitot Children’s Museum/Family Outreach Program (PDF, 571 KB)
From: Mayor Dean
Recommendation: In conjunction with the budget discussion scheduled for October 8, 2002 about those programs held over from June for further investigation, consider the request of Habitot Children’s Museum for an additional $25,000 annually, to be used to maintain current levels of support for its Family Outreach Program Coordinator.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Mayor Dean
Recommendation: Adopt a Resolution honoring the life and works of Diane Lipton, outstanding disability rights activist and human being, who died on August 8, 2002.
Contact: Shirley Dean, Mayor, 981-7100
Action: Adopted Resolution No. 61,743–N.S.
31. Release of Dioxins and Other Materials into San Francisco Bay (PDF, 648 KB)
From: Mayor Dean
Recommendation: Refer to the Community Environmental Advisory Commission and the Public Works Commission for evaluation and recommendations on: 1) the relative contributory roles of local refinery discharges and general stormwater runoff to dioxin and other toxin levels in the San Francisco Bay; and 2) whether the City should support or join in the lawsuit filed by Communities for a Better Environment (CBE) against the State Water Resources Control Board (the State Water Board) and the San Francisco Bay Regional Water Quality Control Board (the Regional Water Board) because of the issuance by them of a pollution permit to the Chevron Richmond Refinery that permits the refinery to temporarily operate using higher interim dioxin limits instead of requiring immediate compliance with the stricter limits assertedly specified in the federal Clean Water Act.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Mayor Dean
Recommendation: Request the City Manager provide accessible public space for the Alameda County Registrar and Disability Rights Education and Defense Fund (DREDF) to conduct a one day public demonstration of Touch Screen Voting Machine during the month of September for the disability community; and that the Commission on Disability and any other appropriate organizations and individuals be notified of the date.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
33. Swimming Pool Closures: Willard and West Campus (PDF, 286 KB)
From: Mayor Dean
Recommendation: Request the City Clerk schedule for a time certain, early in the evening, at the Council meeting of September 17th, a discussion of the proposed swimming pool closures; that pool users and pool user groups be notified so they might select two to three representatives to make a short presentation during that discussion period; and that members of the Parks and Recreation Commission also be notified so they may attend if they wish.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Mayor Dean
Recommendation: Support the labor action by the Coalition of University Employees (CUE) and UC Lecturers in their efforts to obtain fair wages and working conditions at the University and send a letter regarding our support to the President and Regents of the University of California.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
35. Adopt a Pledge of Solidarity with Employees at University of California, Berkeley (PDF, 142 KB)
From: Co
