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Regular
Meeting eAgenda |
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Click on the linked agenda item titles below for background materials/reports. Note:
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Roll Call: 7:00 p.m.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
Comments from the City
Manager:
The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Comments from the Public: A total of 30 minutes is scheduled. Each speaker is limited to a maximum of 3 minutes.
Council Action: The City Council may take action related to any subject listed on the Agenda.
The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the “Action Calendar” unless the Council reorders the agenda.
NOTICE CONCERNING
YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a
use permit or variance for a project the following requirements and
restrictions apply: 1) No lawsuit challenging a City decision to deny (Code
Civil .Proc. '1094.6(b)) or approve (Gov.Code '65009(c)(5)) a use permit or
variance may be filed more than 90 days after the date the Notice of Decision
of the action of the City Council is mailed. Any lawsuit not filed within that
90-day period will be barred. 2) In any
lawsuit that may be filed against a City Council decision to approve or deny a
use permit or variance, the issues and evidence will be limited to those raised
by you or someone else, orally or in writing, at a public hearing or prior to
the close of the last public hearing on the project.
Consider a Citywide 20 MPH Speed Limit in Residential Areas (PDF, 208 KB)(Held over by Olds from 03/12/02, 03/19/02, 04/23/02, 04/29/02, 05/14/02, 05/28/02, 06/11/02, 06/25/02 and 07/09/02)
From: Councilmember Worthington
Recommendation: Refer to the Transportation Commission
consideration of a citywide 20 MPH speed limit in residential areas.
Contact: Kriss Worthington, District 7, 981-7170
From: Mayor Dean
Recommendation: Propose the following substitute for the
motion currently contained in the item above: (New language underlined, language to be omitted is shown in strike
through.) Refer to the staff and Transportation Commission for evaluation the proposal to consider a citywide
20 MPH speed limit in residential areas. Their consideration specifically is to include the following:
1) limiting consideration to streets that
are designated residential; 2) developing criteria under which a street would
be eligible for a 20 MPH designation; 3) developing a process which would be
used when a specific street or streets are to be considered for a 20 MPH
designation; and 4) determining the costs involved and recommendations for how
such costs would be met in the budget.
The staff and Transportation Commission are to return to the Council for
approval of their recommendations.
Contact: Shirley Dean, Mayor,
981-7100
From: Mayor Dean
Recommendation: Add 5) the issue of enforcement
feasibility and costs should be an integral part of the evaluation, including
the development of the criteria for designation of particular streets.
Contact: Shirley Dean, Mayor, 981-7100
Assisting
Afghan Victims of the Devastating Earthquakes
(PDF, 726 KB)
(Held over by Breland from 04/16/02, 04/23/0, 04/29/02, 05/14/02,
05/28/02, 06/11/02, 06/25/02 and 07/09/02)
From: Councilmember Spring
Recommendation: Adopt a Resolution granting $3000 to
assist the Afghanistan victims of the devastating earthquakes; and request the
City Manager to give City employees information on this opportunity to donate
to the relief efforts.
Contact: Dona Spring, District 4, 981-7140
Support for New Auto Related Uses on
University Avenue Contingent on a Public Hearing (PDF, 67 KB)
(Held over by Hawley from 04/16/02, 04/23/02, 04/29/02,
05/14/02, 05/28/02, 06/11/02, 06/25/02 and 07/09/02)
From: Councilmember Spring
Recommendation: Support allowing new auto related uses
on University Avenue with the requirement that all new auto related uses are
subject to a public hearing before approval or disapproval.
Contact: Dona Spring, District 4, 981-7140
Strengthening
the Creeks Preservation Ordinance (PDF, 52 KB)
(Held over by Hawley from 04/23/02, 04/29/02, 5/14/02, 05/28/02, 06/11/02, 06/25/02
and 07/09/02)
From: Councilmember Spring
Recommendation: Request
that the City Attorney return by the first meeting in July with a finalized
version of the revised Creek Preservation ordinance that will better protect
our creeks to prevent any kind of development such as paving or creating
driveways within 30 feet of a creek or underground creek or a culverted creek;
and that the City strengthen its policy to open all underground creeks wherever
possible.
Contact:
Dona Spring, District 4, 981-7140
Contract:
Public Safety Building Tower Study
(PDF, 403 KB)
(Held over by Armstrong from 05/21/02, 05/28/02, 06/11/02, 06/25/02 and 07/09/02)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute an amendment to the contract with MACRO Corporation for the
Public Safety Building (PSB) Communications Tower study, increasing the
contract by $43,296, for a total amount not to exceed $93,296 for field
strength tests of the possible tower replacement alternatives for the period
May 15, 2002 through August 30, 2002.
Contact: Rene Cardinaux, Public Works, 981-6300; John Rosenbrock, Capital
Projects, 981-6331
From: Councilmember Spring
Recommendation: Request the City Manager return to Council after consulting with the
Citizens Committee on the Public Safety Building Communications Tower to
recommend appropriate next steps, including a public review process, to
consider the execution of another contract with a consultant for further study
of one or more alternatives to the present tower, and to develop a scope of
work for such a consultant – all toward a goal of selecting a preferred
alternative to the present tower.
Contact: Dona Spring, District 4, 981-7140
From: Citizens’ Budget Review Commission
Recommendation: Request that 1) any action related to moving the tower be deferred
until a comprehensive study of alternatives is complete; 2) the $500,000 in
General Fund appropriations included in the FY 2003 budget for the tower be
released and funding for the project be deferred until the City’s fiscal
outlook improves.
Contact: Phil Kamlarz, City Manager, 981-7000
From: City Manager
Recommendation: The Council has previously taken action indicating its intent to relocate the Tower. A study of specific alternatives is planned
for FY 2003. Consistent with Council’s expressed intent, as well as preliminary cost estimates, the FY 2003 budget has
recently been amended to provide $500,000 in support of this project.
Contact: Phil Kamlarz, City Manger, 981-7000
Support for April 9th
Protesters (PDF, 167 KB)
(Held over by Armstrong from 05/21/02, 05/28/02, 06/11/02,
06/25/02 and 07/09/02)
From: Councilmember Worthington
Recommendation: Adopt a Resolution that requests
University of California Chancellor Berdahl to not take away students’
opportunity for education and drop the suspensions for the April 9th
protest. Also, request the District
Attorney drop the charges for participating in the demonstration and protest
rally.
Contact: Kriss Worthington, District 7, 981-7170
Sidewalk Food Vending
(PDF, 54 KB)
(First reading May 21, 2002 – Noes – Breland, Maio, Spring, Worthington) (Held over by Worthington from 05/28/02,
06/11/02, 06/25/02 and 07/090/02)
From: City Manager
Recommendation: Adopt second reading of an Ordinance
repealing and reenacting Chapter 9.49 of
the Berkeley Municipal Code regulating Food Vending on Sidewalks and
Rights-of-Way.
Contact: Fran David, Finance, 981-7300
Policy for the Naming of Public
Facilities (465 KB) (CF 266-00)
(Held over from 05/28/02, 06/11/02, 06/25/02 and 07/09/02)
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution approving the proposed policy for the naming and
renaming of public facilities developed by the Parks and Recreation Commission.
Contact: Jay Kelekian, Secretary 981-6700
From: City Manager
Recommendation: The City Manager takes no position concerning the Commission’s
recommendations.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700
Consolidation of Legislative Agenda
Items (PDF, 55 KB)
(Held over by Hawley from 06/11/02, 06/25/02 and 07/09/02)
From: Councilmember Maio
Recommendation: Adopt a policy
that recommendations to support State or Federal legislative bills be
consolidated into one item for those recommended for support, one item for
those recommended for opposition, so as not to overburden the agenda.
Contact: Linda Maio, District 1,
981-7110
Hate Crime Immediate Response Plan
(PDF, 1 MB)
(Held over by Olds from 06/11/02, 06/25/02 and 07/09/02)
From: Councilmember Worthington
Recommendation: Support the Hate
Crime Immediate Response Plan that includes:
1) Agreeing to schedule a town hall meeting to show support for hate crime
victims and developing a comprehensive plan for prompt effective responses, and
prevention;2) offering a $5,000 reward to provide an incentive to get
information on two hate crimes that happened in Berkeley (if this works,
consider expanding to other hate crimes too); 3) endorsing the federal Hate
Crimes Prevention Act HR 1343 and S 625; 4) committing to racial and religious
diversity in the training team to do hate crime training for Police Department,
City staff, and boards and commissions.
Contact: Kriss Worthington, District 7, 981-7170
Ban on Purchase of Arsenic,
Pentachlorophenol, and Creosote Treated Wood
(PDF, 894 KB) (CF161-01) (Held over from
06/11/02, 06/25/02 and 07/09/02)
From: Community Environmental Advisory Commission
Recommendation: Adopt a
Resolution prohibiting purchase of penachlorophenol, arsenic and creosote -
treated wood (treated wood) by all City departments.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
From: City Manager
Recommendation: Adopt a substitute Resolution to allow the use of treated wood
for a limited time for maintenance of structures on or in water.
Contact: Carol Barrett, Planning, 705-8101
Telecommunications
Task Force Extension (PDF, 406 KB)
(Held over from 06/25/02 and 07/09/02)
From: Telecommunications Task Force
Recommendation: Adopt a Resolution amending Resolution No.
61,152 N.S. extending the Telecommunications Task Force from June 30, 2002 to
January 31, 2003.
Contact: Roger Miller, Secretary, 981-7009
From: City Manager
Recommendation: Take no action to extend the Task Force.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Indecent Programming on Public,
Educational and Government Channels (PDF, 2 MB) (CF 77-02)
(Held over by Spring from 07/09/02)
From: City Manager
Recommendation: Adopt the first
reading of an Ordinance adding Chapter 13.33 to Berkeley Municipal Code (BMC)
imposing requirements concerning timing and adult content advisories on
“Indecent Programming” on public, educational and government cable channels as
defined, if the Council wishes to implement its directive of May 14, 2002
Contact: Manuela Albuquerque, City Attorney, 981-6900
From: Councilmember Spring
Recommendation: Do not adopt an Ordinance to regulate
“indecent” material on Berkeley Community Cable TV due to constitutional and
other problems.
Contact: Dona Spring, District 4, 981-7140
Strategic Plan Which Includes Council
Identification of Two-Year Goals and Objectives as Part of the Upcoming Budget
Consideration (PDF, 929 KB) (Held over by
Spring from 07/09/02)
From: Mayor Dean
Recommendation: Refer the establishment of a strategic
planning process that includes identification by the Council of two-year goals
and objectives as a part of the next two-year budget consideration to the City
Manager. In making this referral, the
Council makes it clear this is not a directive to the City Manager to establish
a strategic plan process, nor is it a directive to hire a particular firm.
The City Manager is requested to report back
to the Council as to whether or not he recommends engaging in a strategic plan
process, and if so, the elements of such a process and the timeframe in the
budget process that it should occur.
Contact: Shirley Dean, Mayor, 981-7100
Oppose Current Version of SB
1243: Merger of the Metropolitan Transportation Commission and the Association of Bay Area Governments
(PDF, 134 KB) (Held over by Worthington from 07/09/02)
From: Mayor Dean
Recommendation: Opposed the current version of SB 1243
(Torlakson) relating to a merger of the Metropolitan Transportation Commission
(MTC) and the Association of Bay Area Governments (ABAG); encourage Senator
Torlakson to amend the bill to ensure there is adequate representation of this
region’s core urban areas, an adequate
system of decision-making accountability and transparency and a structure that
encourages true regional partnership and consensus building; and ask the City
Clerk to convey the substance of this recommendation to Senator Torlakson with
copies to our Sacramento representatives and lobbyist, ABAG and MTC.
Contact: Shirley Dean, Mayor, 981-7100
Deconstruction
of Bevatron by Lawrence Berkeley National Laboratory (PDF, 602 KB)
From: Councilmember Spring (Held over by Hawley from 07/09/02)
Recommendation: Adopt a Resolution to: 1) direct the City
Manager write a letter to Director Shank of Lawrence Berkeley National
Laboratory (LBNL) calling for cessation of all demolition of Bevatron and all
handling, packaging and transport of all radioactive and hazardous materials
and waste until an Environmental Impact Report (EIR) and an Environmental
Impact Statement (EIS) under CEQA and NEPA has been submitted to the public
well in advance of a public hearing for review and comment; 2) request the City
Manager include in the letter to Director Shank a request for: a) copies of all
shipping manifests already shipped for all truckloads of radioactive and
hazardous waste and materials from the Bevatron including for each all volumes
of hazardous and radioactive materials and radioactivity in curies, b) the composition-characterization of the
waste stream for each shipment, c) how the hazardous and radioactive materials
and waste are handled and packaged and which U.S.D.O.T. regulations apply and
how they are being implemented, d) which landfills in Richmond and Livermore
will be used to bury some of the waste, e) how some of the radioactive waste
will be recycled and which consumer goods will be affected, and f) what proportion is being left; and 3)
that in accordance with BMC 12.90.100 A, B
and C, the Council shall hold at least one well noticed hearing to decide the
safest routes for transport of the hazardous and radioactive materials and
waste from LBNL’s Bevatron and request from LBNL a schedule of shipments so
that the public could be notified particularly along the selected routes and
also request that LBNL post on all involved trucks signage visible from fifty
feet in both directions warning “Transportation of Nuclear Materials” and what are the risks for the citizens of
Berkeley.
Contact: Dona Spring, District 4, 981-7140
Voting Delegates League of California Cities
Conference (PDF, 134 KB)(Held over from 07/09/02)
From: City Manager
Recommendation: Designate a voting delegate and
alternate for the business meeting of the Annual League of California Cities
Conference on October 5, 2002.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Hate Crime Response Plan
(PDF, 329 KB) (Held over from 7/09/02)
From: City Manager
Recommendation: Ratify the City Manager’s Hate Crimes Response Plan.
Contact: Weldon Rucker, City Manager, 981-7000
Transfer of Cable Franchise
(PDF, 9 MB) (held over from 6/25/02 and 7/16/02)
From: City Manager
Recommendation: Adopt a Resolution denying ‘local consent’ to the transfer of control of the AT&T
cable franchise to AT&T Comcast.
Contact: Phil Kamlarz, City Manager 981-7000
Supplemental Report from City Manager (to be delivered)
Contact: Phil Kamlarz, City Manager, 981-7000
Recycling of Radioactive Waste into
Household Items (PDF, 499 KB) (held over by Hawley from 7/16/02)
From: Councilmember Spring
Recommendation: Adopt a Resolution, and prior to the end of
the comment period on July 29, 2002, send a letter to the Secretaries of the US
NRC, US DOT and US DOE, Representative Lee and Senators Boxer and Feinstein,
1) expressing great concern and opposition to the proposed rules that would
a) deregulate radioactive wastes and materials, b) allow the deliberate
dispersal of radioactive materials into raw materials, products, the market
place and our surroundings, and c)
weaken domestic nuclear transport regulations; and
2) requesting the US and international governments prohibit release of
radioactive waste and materials from nuclear power and weapons into the
marketplace.
Contact: Dona Spring, District 4, 981-7140
Arctic Wildlife Refuge Resolution
(PDF, 411 KB)
From: Councilmember Spring
Recommendation: Refer to the City Manager a selective
purchasing resolution requiring the City to refrain from knowingly purchasing
goods or services from a company that purchases, leases or develops oil fields
in the coastal plain of the Arctic National Wildlife Refuge; 2) request that
the City Manager write a letter to the head of the four companies that want to
drill in the refuge informing them of the Council’s opposition to drilling in
the Arctic National Wildlife Refuge; and
3) send a letter to Berkeley’s federal elected officials urging them to support
the Arctic Refuge Wilderness bill and designate the coastal plain as a
protected wilderness area.
Contact: Dona Spring, District 4, 981-7140
Use Portion of Santa Fe Right-of-Way
for Community Gardens and Retail Nursery (PDF, 3 MB) (CF 47-02)
From: City Manager
Recommendation: Take one of the
following actions: 1) Ask BOSS Urban Gardening Institute (BUGI) to provide
letters of endorsement from surrounding neighborhood organizations and bring
results back to Council; or 2) direct the City Manager to develop an agreement
with BUGI to file an application for a use permit for the portion of the Santa
Fe right-of-way (SFROW) at Sacramento and Oregon Streets for community gardens
and a retail nursery; or 3) not take any action to sell or dispose property
along the SFROW until an assessment and inventory of the entire SFROW has been
completed and any project can be considered in the context of a larger planning
process.
Contact: Carol Barrett, Planning and Development, 705-8100
I-80/Ashby Interchange Project
(PDF, 2 MB)
From: City Manager
Recommendation: Request the Alameda County Congestion
Management Agency (CMA) ask Caltrans to report on the feasibility of maximizing
park land in the immediate vicinity of the San Francisco Bay at Ashby Avenue at
the same time the I-80 at Ashby interchange is reconstructed, such as by
relocating Frontage Road to the east.
Contact: Peter Hillier, Transportation, 981-7000
Appointment to the Water Transit
Authority Community Advisory Committee and Affirming Interest in Ferry Service
(PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution supporting the
recommendations of the Transportation Commission which a) authorize the
appointment of the Assistant City Manager for Transportation to participate in
the Water Transit Authority Community Advisory Committee; b) authorize the City
Manager to send a letter to the Water Transit Authority affirming Berkeley’s
interest in an environmentally responsible ferry service from Berkeley-Albany
waterfront to San Francisco and other destinations in the Bay Area, such letter
to be consistent with Policy T-9 of the Berkeley General Plan; c) take into
account the Sierra Club’s 14 points of concern; and d) ensure the ferry service
be accessible to all levels of income and accessibility. This action accepts and incorporates reports
from various other commissions.
Contact: Peter Hillier, Transportation, 981-7000
Impact of Taxicab Fare Rate Increase
on Taxi Scrip Program Recipients (PDF, 275 KB)
From: Commission on Aging
Recommendation: Adopt a Resolution increasing the budget for
the Taxi Scrip Program by an additional 20% to offset the increase in taxicab
fares that was approved by Resolution No. 61,458–N.S and have the Commissions
on Aging and Disability review any future rate increases prior to Council
consideration.
From: City Manager
Recommendation: There has been insufficient time to
consider the implications of the recommendations and I request no action be
taken until I have an opportunity to respond at the meeting of September 24,
2002.
Contact: Lisa Ploss, Secretary, 981-5178
Funding for Additional Engineer
(PDF, 137 KB)
From: Transportation Commission
Recommendation: Authorize the City Manager to fully fund the
Office of Transportation, in order to hire additional engineering staff to
complete traffic and transportation projects and priorities.
From City Manager
Recommendation: The Office of Transportation has a current
vacancy in traffic engineering. Recruitment and hiring for this position will be completed in the next
2-3 months. The Office of Transportation will reevaluate at the end of the calendar year on the need for
an additional traffic engineer. Any request for additional funds will be referred to the FY 2004 budget
process. Traffic Engineering staff will be supplemented by on-call traffic engineering contractual services to be
provided by TJKM Transportation Consultants and DKS Associates (subjects of two
other reports being presented at this meeting).
Contact: Peter Hillier, Transportation, 981-7000
Council rules limit action
on Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Page No.
Ferry Service
Margit Roos-Collins
Karl Reeh
Charles Smith
Steve Krieg
David Schneider
2323 Glen Avenue
Jane and Tom Kelly
2628 Telegraph
Karl Reeh
1234 Martin Luther King
Arden Petrov
Sudden Oak Death
Linda Maio
Gordon Wozniak
Dorothy Vance, Melanie Bellah, Jac Scharlin, Lorie Brillinger, Joan Levinson, Rena Evelyn Wolfe
BOSS Urban Gardening Institute proposal for lots at Sacramento and Oregon Streets
Rivka Mason, Garden Coordinator/Instructor for Malcolm X Elementary School
Janet Savage, Director, Center for Public Health Practice, UC Berkeley
Petition from The Neighbors of ROC – 36 signatures
Frankie Fraser, San Pablo Neighborhood Council
Pastor K.R. Woods, Covenant Worship Center
Stephen Swanson, President, Berkeley Partners for Parks
Willie Phillips, West Berkeley Neighborhood Development Corporation
Beatriz Leyva-Cutler, Bay Area Hispano Institute for Advancement, Inc.
Karl Linn
Molly Fraker, Chez Panisse Foundation
Melanie Okamoto, Food Systems Project
Christine Cherdboonmuang, Farm Fresh Choice
Thomas Nelson, Community Food Security Coalition
Martin Bourque, ecology center
Poki Stewart Namkung, Health Officer, City of Berkeley
John T. Selawaky, Berkeley School Board
Suzan Bateson, Alameda County Community Food Bank
Katy Mamen, International Society for Ecology & Culture
Beebo Turman, Berkeley Community Gardening Collaborative
Patrick Cooke, Professional Property Services
Jennifer Brown
Stephanie Roeser
Marcy Greenhut
Jennifer Yates
Mikko Jokela
Tom Bates
Sarah Howthorne, Attorney, US Department of Education
Joann Diaz
Petition withm443 signatures
Bevatron facility
Jane Kelly, Public Citizen
Marylia Kelly, Tri-Valley CAREs
EcoPass program
Karen Craig
Free Speech
Charlie Smith
B-TV Programming
James Chanin