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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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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 10, 2002
Preliminary Matters
Roll Call: 7:03 p.m.
Ceremonial Matters
Recognition and Swearing-In of City Auditor, Mayor, Councilmembers Districts 1, 4, 7 and 8.
Comments from the City Manager:
1) Recognition and congratulations were offered to those elected and re-elected.
2) The Amtrak station at University Avenue and 3rd Street has installed a “real time” sign that displays current information on train arrival times.
3) On December 3, 2002, staff released environmental reports analyzing the recommended streetscape and platform improvements for the University Avenue and 3rd Street Rail Stop and Transit Plaza. The documents are available at the library, in the Planning Department and on the City’s website. The 30-day review period will end on January 3, 2003.
4) The Police Review Commission will host a panel discussion and forum on Community Policing on Wednesday, December 11, 2002 at 7:30 p.m. at the West Berkeley Senior Center.
5) The City Manager’s Office and the Citizens Budget Review Committee will host a budget workshop on Thursday, December 12, 2002 at 7:00 p.m. at the North Berkeley Senior Center.
Comments from the Public: 13 speakers.
Comments from Youth: 2 speakers.
Consent Calendar
Action: Moved, Seconded, carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:
1. Tobacco Retail Licensure (CF 205-01) (PDF, 553 KB) (First vote-Absent-Worthington)
From: City Manager
Recommendation: Adopt the second reading of an Ordinance adding Chapter 9.80 to Berkeley Municipal Code (BMC) Title 9, Business Licenses and Regulations, requiring the licensure of tobacco retailers in the City with revised language from the first reading to numbers 1, 2, 3, and 4 of Section 9.74.090 replacing the word “shall” with “may” and adding the words “up to.”
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Ordinance No. 6720–N.S.
2. Confirming Results of the November 5, 2002 General Municipal Election (PDF, 2.7 MB)
From: City Manager
Recommendation: Adopt a Resolution confirming the results of the November 5, 2002 General Municipal Election and declaring the passage of Measure I - Animal Shelter Facility Bond; Measure K - School Board Compensation Charter Amendment; and Measure N – Ordinance amending Berkeley Municipal Code Section 11.56.070 to authorize revision of the Waterfront Plan.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 61,852–N.S. and confirmed adoption by the electorate of Ordinance No. 6722-N.S. (Measure N) amending BMC Section 11.56.070 to authorize revision of the Waterfront Plan.
3. Confirming Results of the December 3, 2002 Special Mail Ballot Runoff Election (PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution confirming the results of the December 3, 2002 Special Mail Ballot Runoff Election for City Councilmember District 8.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 61,853–N.S.
4. Minutes for Approval (PDF, 1.9 MB)
From: City Manager
Recommendation: Approve minutes of: a) November 12, 2002 (regular); b) November 12, 2002 (special); c) November 19, 2002 (regular); and d) November 19, 2002 (special).
Contact: Sherry Kelly, City Clerk 981-6900
Action: Approved recommendation.
5. Needle Exchange Emergency Distribution (PDF, 161 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. 61,854–N.S.
6. Impose Conditions on Alcohol Transfer License (PDF, 463 KB)
From: City Manager
Recommendation: Adopt a Resolution designating the City Manager to act on behalf of the Council in requesting the imposition of conditions on the transfer of liquor licenses by the Department of Alcohol and Beverage Control (ABC).
Contact: Taj Johns, City Manager, 981-2491
Action: Adopted Resolution No. 61,855–N.S.
7. Loan of Romare Bearden Mural to the National Gallery of Art (PDF, 1.8 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to loan the mural “The City and Its People” by the late African-American artist Romare Bearden to the National Gallery of Art, Washington, D.C., for its exhibition, for the period July 1, 2003 through April 30, 2005 and authorizing the expenditure of $1,200 from the 1.5% for art, public art fund for the temporary replacement of the mural in the Council Chamber.
Contact: Tom Myers, Economic Development, 981-7530
Action: Adopted Resolution No. 61,856–N.S.
8. Agreement for the Development of the Oxford Parking Lot (PDF, 5.6 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute a 12-month Exclusive Right to Negotiate Agreement (ERN), which will include extensions if sufficient progress in the development process is made, with the development team of Resources for Community/Equity Community Builders for the purpose of developing the Oxford Parking Lot.
Contact: Stephen Barton, Housing, 981-5400
Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded, carried (Spring/Maio; Abstain–Hawley, Olds, Wozniak) to adopt Resolution No. 61,857–N.S.
9. Contract: Local Miscellaneous CalPERS Members Only (PDF, 329 KB)
From: City Manager
Recommendation: Adopt an urgency Ordinance by at least seven affirmative votes to amend Section 3 of Ordinance No. 6717-N.S., which amends the City’s contract with CalPERS to provide the 2.7% at age 55 Formula for Local Miscellaneous Members only, to provide that the effective date will be January 1, 2003 instead of January 5, 2003.
Contact: Ron Brown, Human Resources, 981-6800
Action: Adopted Ordinance No. 6721–N.S.
10. Contract: Design Services for Playground Renovations (PDF, 375 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Moore, Iacofano, Goltsman (M.I.G.), Inc. for the design of playground safety and accessibility upgrades and the removal of Chromated Copper Arsenic (CCA)-treated wood play structures at Cedar Rose Park Tot Lot, King School Park Play Areas, Live Oak Park School Age Play Area, and Shorebird Park for the period December 17, 2002 to December 19, 2003 in an amount not to exceed $175,000.
Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 61,858–N.S.
11. Contract: Plan Checking Services (PDF, 201 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Linhart Petersen Powers Associates (LP2A) and Telesis Engineers to provide plan checking services for the period January 1, 2003 through January 1, 2005 in an amount not to exceed $120,000 each.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,859–N.S.
12. Contract: Plan Checking Services (PDF, 213 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Plan Review Consultants (PRC) and Linhart Petersen Powers Associates (LP2A), plan checking consultants, to extend the term of their contracts to June 30, 2003, and increase the amount of their combined contracts by $32,000 for a total amount not to exceed $232,000.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,860–N.S.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with EIP Associates, Inc. for support services to the City associated with the Alta Bates Medical Center Use Permit and monitoring program, 2450 Ashby Avenue, for a total amount not to exceed $25,000.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,861–N.S.
14. Purchase Order: Refuse, Recycling, and Green Waste Curbside Carts (PDF, 316 KB)
From: City Manager
Recommendation: Adopt a Resolution accepting bids from Otto Industries for 13-gallon and 20-gallon curbside carts in an amount not to exceed $18,870 and from Schaefer Systems International for 32-gallon, 64-gallon and 96-gallon curbside carts in an amount to not exceed $191,550.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 61,862–N.S.
15. Sidewalk Curb Cuts (PDF, 100 KB)
From: Councilmember Spring
Recommendation: Adopt a policy and Resolution that all newly constructed sidewalk curb cuts be located within the marked cross walks and that the City Manager prepare a plan to ensure this policy is implemented in the future.
Contact: Dona Spring, Councilmember District 4, 981-7140
Action: Amended by Councilmember Olds to refer to the City Manager, Public Works Commission and Commission on Disability.
16. Proclamation: Susan Hagen and The New School of Berkeley to Childcare (PDF, 272 KB)
From: Councilmembers Spring and Worthington
Recommendation: Approve a proclamation honoring the contribution of Susan Hagen and The New School of Berkeley to Childcare.
Contact: Dona Spring, Councilmember District 4, 981-7140/Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved revised proclamation.
17. Left Turn Signal Study (PDF, 56 KB)
From: Vice Mayor Shirek
Recommendation: Refer to the City Manager, Commission on Disability, Public Works Commission, and Transportation Commission a request to study and come back with a recommendation for a comprehensive plan of left turn signals throughout the City.
Contact: Maudelle Shirek, Councilmember District 3, 981-7130
Action: Amended by Mayor Bates to refer to the February 11, 2003 Council Workshop related to traffic issues.
18. Pedestrian Activated Traffic Signal (PDF, 58 KB)
From: Vice Mayor Shirek
Recommendation: Refer to the budget process the installation of a pedestrian activated traffic signal at the intersection of Oregon Street and Shattuck Avenue.
Contact: Maudelle Shirek, Councilmember District 3, 981-7130
Action: Approved recommendation.
19. Traffic Mitigation Measures (PDF, 89 KB)
From: Vice Mayor Shirek
Recommendation: Adopt a Resolution approving the construction of traffic circles at the intersection of Russell and Ellsworth Streets and at the intersection of Russell and Fulton Streets.
Contact: Maudelle Shirek, Councilmember District 3, 981-7130
Action: Withdrawn by Vice Mayor Shirek.
20. Presentation: Survey of Sports Field Users (PDF, 421 KB)
From: Councilmember Hawley
Recommendation: Schedule 15 minutes at the January 14, 2003 Council meeting to hear a presentation of findings from a local survey regarding the use of and need for sports fields in Berkeley. Representatives from Parks Recreation & Waterfront Department and/or the Parks and Recreation Commission will present the survey.
Contact: Mim Hawley, Councilmember District 5, 981-7150
Action: Approved recommendation.
21. Graffiti Abatement Ordinance (PDF, 94 KB)
From: Councilmember Hawley and Vice Mayor Shirek
Recommendation: Request the Youth Commission: 1) study issues involved in developing a City-wide anti-graffiti Ordinance; 2) provide assistance and advice to staff who are developing such an Ordinance; and 3) provide a report to Council on their activities and recommendations. The Commission could be particularly helpful by providing ideas for developing and implementing an educational program to change attitudes on the part of young people and the community at large about graffiti, and in making suggestions about ways to enforce the Ordinance.
Contact: Mim Hawley, Councilmember District 5, 981-7150/ Maudelle Shirek, Councilmember, Disrict 3, 981-7130
Action: Approved recommendation.
22. AC Transit Proposed Changes in Service (PDF, 715 KB)
From: Councilmember Hawley
Recommendation: Send a letter to AC Transit commenting on the recently proposed changes in service that would directly affect the City.
Contact: Mim Hawley, Councilmember District 5, 981-7150
Action: Approved recommendation revised by Councilmember Hawley to change wording to say “the Plan and the alternative”.
23. Viewing Lot on Euclid Avenue (PDF, 68 KB)
From: Councilmember Olds
Recommendation: Refer to the Parks and Recreation Commission the request for the development and implementation of a plan to develop the northern half of the City-owned lots on the 600 block of Euclid Avenue into an area for viewing, including an ADA compliant pathway and two benches for public use.
Contact: Betty Olds, Councilmember District 6, 981-7160
Action: Approved recommendation.
24. Public Consultation Regarding Traffic Calming Projects (PDF, 283 KB)
a. From: Transportation Commission
Recommendation: The Transportation Commission recommends that City Council not place conditions or requirements on traffic calming implementation being considered in the future, such as the need to achieve 65 percent respondent support from a survey, and authorize the Office of Transportation to determine the appropriate public consultation prior to the installation of any permanent traffic calming measures.
b. From: City Manager
Recommendation: The City Manager concurs with the content and recommendations of the Commission’s report.
Contact: Peter Hillier, Transportation, 981-7000
Action: Approved recommendation.
Action Calendar – Appeals
25. Appeals: 2508 and 2514 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)
a. City Manager Report (PDF, 2.1 MB)
