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Regular
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Click on the linked agenda item titles below for background materials/reports. Note:
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Roll Call: 7:01 p.m. All present.
Comments from the City Manager:
The Eastshore Park Preliminary General Plan and Draft EIR is now available on the Eastshore Park website at www.eastshorestatepark.com or may be picked up at Kinko’s in Emeryville. One copy per person is free of charge. In addition, Regional Workshop #4 will be held on Thursday, August 15, 2002 at Hs Lordship’s Restaurant at 7:00 p.m.
Comments from the Public: 12 speakers.
Action: Moved, seconded, carried (Olds/Worthington) to adopt the Consent Calendar in one motion except as indicated:
Needle Exchange Emergency Distribution
(PDF, 158 KB)
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. 61,689–N.S.
Minutes for Approval
(PDF, 1 MB)
From: City Manager
Recommendation: Approve the minutes
for Council meeting of July 9, 2002 (regular).
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved minutes.
Restrictions on Barbecues and Fires on Public Property (PDF, 143 KB) (First Vote – Absent - Spring, July 16, 2002)
From: City Manager
Recommendation: Adopt the second reading of an Ordinance adding Berkeley Municipal Code (BMC) Chapter 6.15 entitled “Restrictions on Barbecues and Fires on Public Property.”
Contact: Manuela Albuquerque, City Attorney 981-6950
Action: Adopted Ordinance No. 6701–N.S.
Environmental Impact Report and Use Permits: 3000 Shasta Road Fire Station (PDF, 4 MB)
From: City Manager
Recommendation: 1) Adopt a Resolution certifying an Environmental Impact Report (EIR), adopting findings and conditions, approving Use Permits and a Variance for a City Fire Station at 3000 Shasta Road and dismissing the appeals; and 2) adopting first reading of an Ordinance amending Ordinance 6321-N.S. to allow for the removal of one coast live oak tree at 3000 Shasta Road.
Contact: Carol Barrett, Planning, 705-8105
Actions: Adopted Resolution No. 61,690–N.S. and first reading of Ordinance (Abstain–Worthington). Second reading of Ordinance scheduled for September 10, 2002.
Settlement Agreement: Pollack, et al. v. City of Berkeley, et al. (PDF, 125 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 795350-3 entitled Charles Pollack and Joanna Cooper v. City of Berkeley, et al. in the amount of $265,000, of which the City will pay $167,475, and the Bay Cities Joint Powers Insurance Authority will pay $97,525.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Adopted Resolution No. 61,691–N.S.
Settlement Agreement: Nagai v. City of Berkeley (PDF, 131 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 797782-2 entitled Gordon and Barbara Nagai v. City of Berkeley in the amount of $75,000.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Adopted Resolution No. 61,692–N.S.
From: City Manager
Recommendation: Support AB 363, disclosure by public agency attorneys of wrongdoing by public agency officials, if it is amended as set forth in the letter from the California League of Cities.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Approved recommendation.
Contract: Berkeley Convention and Visitors Bureau (PDF, 571 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office for $269,590 in FY 2003 to provide for continued program development and marketing plan implementation to assist visitors.
Contact: Thomas Myers, Economic Development, 981-705-8123
Action: Adopted Resolution No. 61,693–N.S.
From: City Manager
Recommendation: Adopt first 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 first reading of Ordinance. Second reading scheduled for September 10, 2002. Mayor Dean commended Finance for their role in resolving the financial problems of the Sather Gate Mall.
Contract: Board and Care Facility (PDF, 187 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Berkeley Food and Housing Project for the operation of the Russell Street Residence, a licensed board and care facility, to increase the amount by $12,473 for a total not to exceed $234,478 and to extend the term to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,694–N.S.
Grant: Improving Physical Activities for Older Adults (PDF, 277 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a four year grant application in collaboration with San Mateo County to the Robert Wood Johnson Foundation for funds in the amount of $320,000 in FY 2003 to provide activities that increase the number of Berkeley adults age 50 and older who engage in regular physical activity; to accept the grant; to execute any resultant revenue agreements and any 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. 61,695–N.S.
Grant: Childhood Obesity Prevention and Services (PDF, 279 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant from the California Department of Health Services for funds in the amount of $52,000 for the period August 1, 2002 to September 30, 2003 to provide nutrition education activities to reduce the number of low-income African-American and Latino children in Berkeley who are overweight or obese; to execute any resultant revenue agreements and any 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. 61,696–N.S.
Contract: Health Systems Consultant (PDF, 174 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with George F. Timson for the development and maintenance of medical data management and billing software for the Department of Health and Human Services to extend the term to June 30, 2003.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 61,697–N.S.
Contract: Shelter Plus Care (PDF, 238 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract in an amount not to exceed $231,390 and any amendments with Bonita House, Inc. as sponsor under the Shelter Plus Care Program for the period of July 1, 2002 through June 30, 2005.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 61,698–N.S.
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 59,798–N.S., Classification and Salary Resolution for S.E.I.U., Local 790 Employees, to increase the salary range for the Forestry Climber, Senior Forestry Climber and Forestry Climber Supervisor classification to provide for an equity salary increase.
Contact: Ron Brown, Human Resources, 981-6800
Action: Adopted Resolution No. 61,699–N.S.
Bus Transportation for Recreation Programs (PDF, 115 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing expenditures of up to $60,000 for bus transportation provided by the Berkeley Unified School District (BUSD) for Parks and Recreation and Waterfront Department recreation programs for the period July 1, 2002 to June 30, 2003.
Contact: Lisa Caronna, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 61,700–N.S.
Contract: Elevator for the Health and Human Services Offices at 2344
6th Street (PDF, 394 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specification for the construction of a new elevator for the Health and Human Services offices at 2344 6th Street; accepting the bid of Daniel Lyons Builders; and authorizing the City Manager to execute a contract and any amendments with Daniel Lyons Builders for the elevator construction in an amount not to exceed $335,500.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Resolution No. 61,701–N.S.
Contract: Architectural and Engineering Services for James Kenney Recreation Center (PDF, 197 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Baker Vilar Architects to provide architectural and engineering services for the upgrade of James Kenney Recreation Center in an amount not to exceed $60,000 for all services and reimbursable expenses for the period August 1, 2002 through December 31, 2003.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Resolution No. 61,702–N.S.
Final Map: Tract 7048 A, 5-Unit Condominium Project, 1320 Haskell Street (PDF, 124 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the Final Map of Tract Map 7048, a 5-unit condominium project located at 1320 Haskell Street.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Resolution No. 61,703–N.S.
Sewer Easement Deed Agreement: 11 Maryland Avenue (PDF, 498 KB)
From: City Manager
Recommendation: Adopt first 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 first reading of Ordinance. Second reading scheduled for September 10, 2002.
Vacating the Northern Most 180.5 Feet of the Alley Between 9th and 10th Streets (PDF, 352 KB)
From: City Manager
Recommendation: 1) Adopt first 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 first reading of Ordinance. Second reading scheduled for September 10, 2002.
Contract: North Crossways Path Project (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for the North Crossways Path Project; accepting the bid of AJW Construction Inc.; and authorizing the City Manager to execute a contract and any other amendments in an amount not to exceed $30,000 for the period August 1, 2002 to December 30, 2002.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Resolution No. 61,704–N.S.
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for the Parkside Drive and The Plaza storm drain sewer improvements and street reconstruction project; accepting the bid of Andes Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $848,904 for the period of 160 calendar days.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted Resolution No. 61,705–N.S.
Storm Sewer Easement Deed Agreements: 455 Boynton Avenue and 459 Boynton Avenue (PDF, 785 KB)
From: City Manager
Recommendation: Adopt first 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 facilties with Lisa Burnham of 459 Boynton Avenue.
Contact: Rene Cardinaux, Public Works, 981-6400
Action: Adopted first reading of Ordinances. Second readings scheduled for September 10, 2002.
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for replacing heating, ventilation and air conditioning equipment at South Berkeley Senior Center at 2939 Ellis Street; accepting the bid of Walter Mork Co., Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $58,740.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,706–N.S.
Contract: On-Call Traffic Engineer (PDF, 172 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $30,000 for the period July 15, 2002 through June 30, 2003 with TJKM Transportation Consultants for on-call traffic engineering services.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,707–N.S.
Contract: On-Call Traffic Engineer (PDF, 169 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $30,000 for the period July 15, 2002 through June 30, 2003 with DKS Associates for on-call traffic engineering services.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,708–N.S.
From: Mayor Dean
Recommendation: Ask the City Manager to work with the Landmarks Preservation Commission, the Transportation Commission, the West Berkeley Project Area Committee, the Berkeley Architectural Heritage Association and other pertinent groups to formulate an application to have the Southern Pacific Railway Depot placed on the National Register of Historic Places.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
Representing Strawberry Creek on Center Street (PDF, 62 KB)
From: Councilmember Spring
Recommendation: Grant permission to the Berkeley Arts Festival to affix a curving blue line of plastic, representing Strawberry Creek, on Center Street between Oxford Street and Shattuck Avenue.
Contact: Dona Spring, District 4, 981-7140
Action: Approved recommendation amended by Councilmember Armstrong to include a referral to the City Manager to ensure safety and disability issues are addressed.
From: Mayor Dean
Recommendation: Ask the City Clerk to write to Senator John Kerry of Massachusetts, with copies to our federal legislators and lobbyist, expressing support for Senator Kerry’s position opposing legislation that authorizes U.S. trade officials to negotiate trade agreements with other countries that allow foreign investors operating in this country to sue for money damages based on actions of federal, state or local governments that reduce the value of their investments. These suits would be heard by international arbitration panels that include foreign lawyers not trained in U.S. law, and their decisions would not be subject to review in U.S. courts.
Contact: Shirley Dean, Mayor, 981-7100
Action: Approved recommendation.
From: Councilmember Worthington
Recommendation: Adopt a Resolution opposing the Patriot Act, Justice Department directives and executive orders that prevent the protection of civil rights and liberties.
Contact: Kriss Worthingon, District 7, 981-7170
Actions: Removed from the Consent Calendar by Councilmember Armstrong. Held over to September 10, 2002 by Councilmember Worthington.
From: Councilmember Worthington
Recommendation: Refer to the City Manager next steps for enforcement actions for RUI One Corporation (Skates) to comply with the Living Wage Ordinance.
Contact: Kriss Worthington, District 7, 981-7170
Action: Approved revised recommendation to request that the City Manager enforce the lease between RUI One Corporation (Skates) and the City of Berkeley (which requires that it comply with all local laws, including the Living Wage Ordinance) by giving Skates notice of its breach of the lease in failing to comply with the City’s Living Wage Ordinance, serving formal notice on it to cure the breach or suffer a termination and forfeiture of its tenancy and authorize the City Attorney file an unlawful detainer (eviction) action, if necessary, to evict Skates from the Marina, should Skates fail to comply. The City Manager and City Attorney may take any other actions they deem necessary to enforce Skates’ compliance with the Living Wage Ordinance.
City of Albany Plans Regarding Marin Avenue (PDF, 51 KB)
From: Mayor Dean
Recommendation: Request the City Manager ask the City of Albany about the status of a proposal to reduce the number of traffic lanes on Marin Avenue in Albany and what subsequent traffic impacts on other streets, such as Gilman, would result from implementation of such a proposal and report back to Council.
Contact: Shirley Dean, Mayor, 981-7100
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Hawley/Armstrong; Noes–Worthington, Absent–Shirek) to approve recommendation.
Fee Waiver: Fifth Annual Gospelfest and Health Fair (PDF, 58 KB)
From: Councilmember Breland
Recommendation: Adopt a Resolution waiving fees for the Fifth Annual Gospel Fest and Health Fair hosted by New Life Outreach Ministries, August 17, 2002 at San Pablo Park.
Contact: Margaret Breland, District 2, 981-7120
Action: Adopted Resolution No. 61,709–N.S.
Fee Waiver: United Nations Association’s Fourth Annual Run for Peace (PDF, 49 KB)
From: Councilmember Breland
Recommendation: Adopt a Resolution waiving fees for the East Bay Chapter of the United Nations Association’s Fourth Annual Run for Peace on September 15, 2002 at the Berkeley Marina.
Contact: Margaret Breland, District 2, 981-7120
Action: Adopted Resolution No. 61,710–N.S.
Update of the 5-Year Street Plan (PDF, 1 MB)
From: Public Works Commission
Recommendation: Adopt a Resolution adopting the update of the 5-Year Street Plan for FY 2003-2007.
From: City Manager
Recommendation: The City Manager concurs with the recommendation of the Commission’s report with the correction that at the time the Public Works Commission took action on this report, the funding of the street program was not made clear. The budget balancing plan provides that in FY 2003, the General Fund contribution will be reduced by 10% to $1,575,000, but will be offset by an increase of $175,000 in Measure B Sales Tax, thereby maintaining a total program budget of $3,237,000.
Contact: Jeffrey Egeberg, Secretary, 981-6400
Actions: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded, carried (Spring/Worthington; Noes–Olds, Absent–Shirek) to adopt Resolution No. 61,711–N.S.
From: Transportation Commission
Recommendation: Adopt a Resolution endorsing the relocation of bus stops and implement the queue jump lanes on San Pablo as part of the Alameda-Contra Costa County Transit District (AC Transit) Rapid Bus project.
From: City Manager
Recommendation: The City Manager concurs with the Commission report.
Contact: Peter Hillier, Transportation, 981-7000
Action: Adopted Resolution No. 61,712–N.S. with a stipulation by Councilmember Breland that the San Pablo Avenue and Dwight Way neighbors are kept informed of what is happening.
Dragon Boats in the Marina (PDF, 285 KB) (CF 31-02)
From: Waterfront Commission
Recommendation: Adopt a Resolution approving the use of an inside tie in the Berkeley Marina by the Berkeley Dragons and the California Dragon Boat Association and waive berthing fees.
From: City
Manager
Recommendation: The City Manager concurs with the Commission
report.
Contact: Cliff Marchetti, Secretary, 644-6376 (ext 224)
Action: Adopted Resolution No. 61,713–N.S.
Ballot Measures: Placing Measures on the November 5, 2002 Ballot (PDF, 1 MB)
From: City Manager
Recommendation: 1) Review and comment on ballot titles, texts, and City Attorney analyses and adopt Resolutions placing the following measures on the November 5, 2002 ballot: a) general obligation bond measure to renovate and seismically retrofit Old City Hall and make it fully accessible; b) general obligation bond measure to build a new Animal Shelter; c) tax for Pedestrian Safety Improvements; and d) increase of 0.5% to real property transfer tax for Affordable Housing; and 2) review and comment on City Attorney’s analysis for the Height Initiative.
Contact: Sherry Kelly, City Clerk, 981-6900
Actions: Moved, seconded, carried (Armstrong/Hawley; Noes–Spring, Worthington) adopt Resolution No. 61,714–N.S placing the general obligation bond to renovate and seismically retrofit Old City Hall on the November 5, 2002 ballot.
Moved, seconded, carried (Olds/Armstrong) to adopt Resolution No. 61,715–N.S. placing the general obligation bond measure to build a new Animal Shelter on the November 5, 2002 ballot.
Moved, seconded, carried (Spring/Worthington; Noes–Olds) to adopt Resolution No. 61,716–N.S. placing the tax for Pedestrian Safety Improvements on the November 5, 2002 ballot as amended.
Moved, seconded, carried (Hawley/Worthington; Noes–Olds) to adopt Resolution No. 61,717–N.S. placing the increase of 0.5% to real property transfer tax for Affordable Housing on the November 5, 2002 ballot as amended.
Staff Analysis of Coffee Initiative Restricting Sale of Brewed Coffee (PDF, 552 KB)
From: City Manager
Contact: Thomas Myers, Economic Development, 705-8123
Actions: Received and filed.
Ballot Measures Pedestrian Safety Improvements and Clean Stormwater (PDF, 55 KB)
From: Public Works Commission
Recommendation: 1) Redefine the Pedestrian Safety Improvements measure in order to provide funds to carry out the pedestrian safety priorities of the Bicycle and Pedestrian Safety report and plan adopted in 2000; and 2) Statement of disappointment that Clean Stormwater Fee will not be on the November ballot.
Contact: Jeff Egeberg, Secretary, 981-6406
Action: Received and filed.
Opposition to Height Initiative (PDF, 62 KB)
From: Vice Mayor Shirek
Recommendation: Adopt a Resolution opposing the height initiative.
Contact: Maudelle Shirek, District 3, 981-7130
Action: Moved, seconded, carried (Shirek/Armstrong; Abstain–Spring) to adopt Resolution No. 61,718–N.S.
Approval of Use Permits – 2119 University Avenue
Appeal filed by Howie Muir and Clifford Fred (PDF, 590 KB) of the April 2, 2002 Zoning Adjustments Board approval of the project to 1) demolish a commercial structure; 2) create gross floor area over 5,000 square feet; 3) create a 5 story mixed used development with 44 dwelling units and commercial area; 4) modify the off-street parking requirement; and 5) findings made related to CEQA.
Contact: Sherry Kelly, City Clerk, 981-6900
City Manager Report
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board approval of use permits for a mixed-use building with 44 dwelling units and commercial area and dismissing the appeal.
Contact: Carol Barrett, Planning, 705-8102
Communications
Action: Moved, seconded, carried (Armstrong/Breland; Abstain–Spring, Worthington) to adopt Resolution No. 61,719–N.S. affirming the Zoning Adjustments Board approval of use permits and dismissing the appeal. Councilmember Spring noted she supports the Zoning Adjustments Board’s parking mitigation fee for projects.
Approval of Use Permits and Variance – 2323 Glen Avenue
Appeal filed by Anne-Marie Lhermitte (PDF, 97 KB) of the April 11, 2002 Zoning Adjustment Board approval of the project adopting a Mitigated Negative Declaration and approving use permits with findings and conditions for the project to 1) construct an 829 sq. ft. addition to an existing single-family residence; 2) reduce required rear yard setback from 18 ft. to 17 ft.; and 3) a variance to reduce a required 30 ft. setback from a creek to 8 ft.
Contact: Sherry Kelly, City Clerk, 981-6900
Appeal filed on behalf of the Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center for Biological Diversity (PDF, 1 MB) of the April 11, 2002 Zoning Adjustment Board approval of the project adopting a Mitigated Negative Declaration and approving use permits with findings and conditions for the project to 1) construct an 829 sq. ft. addition to an existing single-family residence; 2) reduce required rear yard setback from 18 ft. to 17 ft.; and 3) a variance to reduce a required 30 ft. setback from a creek to 8 ft.
Contact: Sherry Kelly, City Clerk, 981-6900
City Manager Report
Recommendation: Adopt a Resolution remanding the approval of the variance and use permits to the Zoning Adjustments Board to reconsider the approval for a major residential addition within 30 feet of a culverted creek using the criteria established by Berkeley Municipal Code Section 23B.44.030–Variances and 17.08.050–Preservation and Restoration of Natural Watercourses.
Recommendation and ZAB Notice of Decision 4/11/02 (PDF, 4.1 MB)
Mitigated Negative Declaration Adopted 4/11/02 (PDF, 4.6 MB)
Contact: Carol Barrett, Planning, 705-8102
Freya and Mark Read
Anne-Marie Lhermitte
Michael W. Graf-Law Offices of Thomas N. Lippe on Behalf of the Sierra Club, Urban Creeks Council, Friends of Strawberry Creek, and the Center for Biological Diversity
Jeff Miller-Director, Alameda Creek Alliance
Steve Bloom-Conservation Chair, Sierra Club (Northern Alameda County Regional Group)
Lisa Viani-Conservation and Outreach Coordinator, Urban Creeks Council of California
Janet Byron on Behalf of the Friends of Strawberry Creek
Brent Plater- Center for Biological Diversity
Juliet Lamont and Phil Price
Elizabeth Shaughnessy, Stephen W. Shaughnessy, unable to read
Jim Cassell, Valerie Bach
Mary Ann Brewin
Nancy Levin, David Cavacon
Amelia Ellis
Alan Gould, Diane A. Tokugawa
Eleanor C. Clarke
Actions: Moved, seconded, failed (Hawley/Armstrong; Noes – Breland,
Maio, Olds, Spring, Worthington, Dean) a substitute motion upholding the Zoning
Adjustments Board approval and dismissing the appeal.
Moved, seconded, carried (Olds/Worthington; Noes–Armstrong, Hawley) a main
motion to adopt Resolution No. 61,720–N.S. remanding the approval of the
variance and use permits to the Zoning Adjustments Board to reconsider the
approval for a major residential addition within 30 feet of a culverted creek
using the criteria established by Berkeley Municipal Code Section
23B.44.030–Variances and 17.08.050–Preservation and Restoration of Natural
Watercourses.
Approval of Use Permits and Environmental Impact Report Certification – 2450 Ashby Avenue (Alta Bates Medical Center)
Appeal filed by Timothy Smallsreed, Fred Krieger, Jon Bain and Mark Chekal (PDF, 1.7 MB) of the April 25, 2002 Zoning Adjustment Board approval of the project to 1) certify the Environmental Impact Report (EIR) and approve use permits for: 1) the operation Alta Bates Medical Center-Ashby Campus as a hospital subject to performance standards for external impacts; 2) the establishment of thresholds of standards impact generated by the Alta Bates Medical Center-Ashby Campus; and 3) exterior alterations related to Emergency/Radiology Departments.
Contact: Sherry Kelly, City Clerk, 981-6900
Appeal filed by Julie Shearer (PDF, 186 KB) of the April 25, 2002 Zoning Adjustment Board approval of the project to 1) certify the Environmental Impact Report (EIR) and approve use permits for: 1) the operation Alta Bates Medical Center-Ashby Campus as a hospital subject to performance standards for external impacts; 2) the establishment of thresholds of standards impact generated by the Alta Bates Medical Center-Ashby Campus; and 3) exterior alterations related to Emergency/Radiology Departments.
City Manager Report (PDF, 4 KB)
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board approval subject to the approved plans, mitigations, aggregate impact levels, findings and conditions and dismissing the appeals.
Contact: Carol Barrett, Planning, 705-8102
Timothy Smallsreed, Fred Krieger, Jon Bain, Mark Chekal
Action: Advised by City Manager Rucker both appeals were dropped. No action necessary.
Approval of Use Permits – 2471 Shattuck Avenue
Appeal filed by Howie Muir (PDF, 4 MB) of the April 25, 2002 Zoning Adjustment Board approval of the project adopting a Mitigated Negative Declaration and approving use permits with findings and conditions to: 1) demolish 3 existing commercial buildings; 2) construct a 5 story 85,460 sq. ft. mixed use building with 100 dwelling units and commercial area ; 3) establish a 2000 sq. ft. café with sidewalk seating; 4) modify lot coverage, side, front and rear yard setbacks and the number of off-street parking spaces; 5) reduce required setback abutting residential zones; 6) allow reconstruction of a 4,749 sq. ft. cinema; and 7) allow mechanical equipment, an elevator tower and various architectural elements to exceed height limit of 60 ft. to 72 ft.
Contact: Sherry Kelly, City Clerk, 981-6900
City Manager Report
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board approval of a Mitigated Negative Declaration and use permits to allow a mixed-use building with café and cinema; dismissing the appeal; and taking no action on fee deferrals.
Contact: Carol Barrett, Planning, 705-8102
Communications:
Action: Moved, seconded, carried (Armstrong/Breland; Absent–Spring)
to adopt Resolution No. 61,721–N.S. affirming the Zoning Adjustments Board
approval of a Mitigated Negative Declaration and use permits; dismissing the
appeal; and taking no action on fee deferrals.
Approval of Use Permits - 2700 San Pablo Avenue
Appeal filed by Howie Muir and Douglas Press of the Zoning Adjustments Board decision of February 28, 2002 and April 25, 2002 adopting a Mitigated Negative Declaration and approving use permits with findings and conditions for the project to 1) demolish an existing commercial building that is over 40 years old; 2) construct a 35,045 sq. ft. 4 story mixed-use building with 35 dwelling units and 5,266 sq. ft. of commercial area; and 3) allow an elevator tower room to exceed the 50-foot maximum height limit by 6 ft.
From: City Manager
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board approval of a Mitigated Negative Declaration and use permits for the building; dismissing the appeal; and taking no action on fee deferrals.
Contact: Carol Barrett, Planning, 705-8102
Action: Moved, seconded, carried (Armstrong/Breland; Abstain–Worthington, Absent–Hawley, Spring) to adopt Resolution No. 61,722–N.S. affirming the Zoning Adjustments Board approval of a Mitigated Negative Declaration and use permits; dismissing the appeal; and taking no action on fee deferrals. (Councilmember Hawley recused herself at the recommendation of the City Attorney.)
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
Action: Moved to the Consent Calendar by Councilmember Olds to approve recommendations 1 through 5; also referring to the Transportation Commission and staff consideration of establishing 15 mph speed limits for school zones.
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
Actions: Moved, seconded, (Spring/Worthington) a
main motion to approve agreeing to donate $3000 to Afghan victims with
discretion by the City Manager to decide on the relief organization and to hold
off allocating the funds until the September budget review.
Moved, seconded, carried (Armstrong/Hawley; Noes–Breland, Spring, Worthington,
Absent–Maio) to refer to the budget process.
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
Action: Moved, seconded, carried (Hawley/Spring; Abstain–Armstrong) to require hearings at the Zoning Adjustments Board for new auto related uses on University Avenue.
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)
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
Action: Moved, seconded, carried (Hawley/Armstrong) to refer to the City Manager issues related to drafting an ordinance with a progress report by the end of the year.
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
Actions: Moved, seconded, carried (Maio.Spring; Noes–Armstrong, Olds, Absent–Shirek) to adopt Resolution 61,723–N.S. extending the contract through October 31, 2002 with the stipulation that the two options to be studied include relocating the towers to the top of the Civic Center Building and to a two tower (monopole) option on the ground at the Public Safety Building, and to take into consideration the flight pattern of birds.
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
Action: Held over by Councilmember Worthington to September 10, 2002.
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
Actions: Moved to the Consent
Calendar by Councilmember Breland and adopted Ordinance No. 6702–N.S.
(Noes–Spring, Worthington).
Policy for the Naming of Public Facilities (PDF, 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
Action: Moved, seconded, carried (Worthington/Maio) to send back to the Parks and Recreation Commission with Council’s comments questioning the requirement of financial contributions and to consider other contributions to the community; whether a person needs to be deceased or not; and the prohibition of naming two facilities after the same person.
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
Action: Moved, seconded, carried (Hawley/Maio) to approve recommendation with clarification that individual Councilmembers’ items are to be consolidated as one item and a provision the policy will be evaluated in six months.
Hate Crime Immediate Response Plan (PDF, 1 MB) (Held over by Olds from 06/11/02, 06/25/02 and 07/09/02)
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
Action: Moved to the Consent Calendar by Councilmember Olds.
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)
Recommendation: Adopt a Resolution prohibiting purchase of penachlorophenol, arsenic and creosote - treated wood by all City departments.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
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
Actions: Moved, seconded (Olds/Shirek) a main motion
to approve the City Manager recommendation.
Moved, seconded, carried (Worthington/Spring; Noes–Hawley, Olds; Absent–Shirek)
a substitute motion to adopt Resolution No. 61,724–N.S. prohibiting purchase of
penachlorophenol, arsenic and creosote-treated wood by all City departments
with the stipulation an exemption be granted by the Council in cases where
there are no acceptable substitutes.
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
Actions: Moved, seconded, failed
(Spring/Worthington; Noes – Armstrong, Breland, Hawley, Olds, Shirek) a
substitute motion to not extend the Task Force but to allow any prior member to
sit on an Technical Advisory Committee.
Moved, seconded, carried (Hawley/Maio; Noes–Spring, Abstain–Dean, Worthington,
Absent–Shirek) a main motion to take no action to extend the Task Force and for
the City Manager to invite prior task force members to participate on a
Technical Advisory Committee.
Councilmember Hawley commended and thanked the task force members for their
contribution.
Indecent Programming on Public, Educational and Government Channels (PDF, 2 MB)
