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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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SUMMARY

 

BERKELEY CITY COUNCIL REGULAR MEETING

 

TUESDAY, JULY 24, 2001

 

Preliminary Matters

 

Roll Call:    7:32 p.m. – All present

 

Ceremonial Matters:

Proclamation:  Breastfeeding Awareness Week August 1 – 7, 2001

 

Action:  Proclamation presented.

Comments from the Public:  19 speakers.

 

Consent Calendar

 

Action:  Moved, seconded, and carried (Worthington/Armstrong) to adopt the Consent Calendar in one motion except as indicated.

  1. Needle Exchange Emergency Distribution
    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.  61,182-N.S. 
     

  2. Urgency Ordinance:  Amend Ordinance for CalPERS 3% at Age 50 Contract Amendment for Police Only
    From:  City Manager
    Recommendation:  Adopt an Urgency Ordinance to amend Ordinance No. 6633-N.S. to provide that the amendment to the City’s contract with CalPERS to provide the 3% at Age 50 Retirement Formula as set forth in California Government Code Section 21362.2 for local police only will not take effect until the Berkeley Police Association has ratified a new Memorandum of Understanding (MOU).
    Contact:  Ron Brown, Human Resources, 981-6806
    Action:  Adopted Ordinance No.  6649-N.S.
     

  3. Construction of Berkeley Bay Trail
    From:  City Manager
    Recommendation:  Adopt a Resolution:  1) approving plans and specifications for the Berkeley Bay Trail Project;  2) accepting the bid of Bauman Landscaping, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $2,778,000 for a period of 150 calendar days.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,183-N.S.
     

  4. Event Promoters Provide Advance Notice to Police Department (CF# 10-01) (first reading July 17 -  unanimous)
    From:  City Manager
    Recommendation:
      Adopt second reading of an Ordinance adding Chapter 13.47 to the Berkeley Municipal Code, requiring event promoters and venue operators to provide advance notice to the Police Department.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted Ordinance No. 6650-N.S. (Noes – Worthington),  effective August 23, 2001.
     

  5. Rental Housing Safety Program (first reading July 17 -  unanimous)
    From:  City Manager
    Recommendation:
      Adopt second reading of an Ordinance amending Berkeley Municipal Code Chapter 12.48 to establish a Rental Housing Safety Program requiring owners to certify compliance with rental housing safety standards established by laws or ordinances.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Adopted Ordinance No. 6651-N.S., effective August 23, 2001
     

  6. Lease:  Tinker’s Workshop in Aquatic Park (first reading 7/17/01 -  unanimous)
    From:  City Manager
    Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute an agreement and any amendments with Tinker’s Workshop to lease City property in Aquatic Park located at 80 Bolivar Drive for an amount not to exceed $1,000 over a period of ten years.
    Contact:  Lisa Carrona, Parks and Waterfront, 981-6700
    Action:  Adopted Ordinance No. 6652-N.S., effective August 23, 2001
     

  7. Grant Agreement:  James Kenney Recreation Center Accessibility Upgrades
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to submit a grant application for funding from the Urban Parks and Recreation Recovery (UPARR) Program, for the James Kenney Recreation Center Accessibility Upgrades, in the amount of $202,125 and if awarded, authorizing the City Manager to accept and execute a grant agreement and any amendments.
    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700
    Action:  Adopted Resolution No.  61,184-N.S. 
     

  8. Contract:  Berkeley Symphony Orchestra
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Symphony Orchestra (BSO) for $60,000 of General Fund monies.
    Contact: Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No.  61,185-N.S.
     

  9. Contract:  South Berkeley Neighborhood Development Corporation
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the South Berkeley Neighborhood Development Corporation (SBNDC) for up to $73,835 of General Fund monies to support South Berkeley revitalization and carry over $49,000 from prior fiscal year to fund portion of this contract for the period August 1, 2001 to June 30, 2002.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No. 61,186-N.S.
     

  10. Contract:  Economic Revitalization and Community Development, Telegraph / Southside
    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in the amount of $55,000 with the Telegraph Area Association to support economic revitalization and community development in the Telegraph / Southside neighborhood for Fiscal Year ending June 30, 2002.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No.  61,187-N.S.
     

  11. Contract:  Green Building Design Assistance Services
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to extend the term of the existing contract with the Green Resource Center (GRC) and to increase the amount by $29,770 to provide green building design assistance for the City from September 27, 2001 to December 31, 2002.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No.  61,188-N.S.
     

  12. Contract:  Architectural and Engineering Services for Live Oak Recreation Center
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Crosby Group, to provide architectural and engineering services for the seismic upgrade of Live Oak Recreation Center, in an amount not to exceed $60,000 for all services and reimbursable expenses for the period August 1, 2001 until September 30, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,189-N.S.
     

  13. Contract:  CCTV and Sewer Condition Assessments
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with E2 Consulting Engineers, Inc. for closed circuit television (CCTV) and sewer pipe condition assessment services by increasing the amount by $50,000 and extending the term of the contract by 120 calendar days.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,190-N.S.
     

  14. Funding to Open Senior Center One Saturday Each Month
    From:  City Manager
    Recommendation:  Adopt a Resolution allocating $6,881 in General Funds to support opening the North Berkeley Senior Center on the last Saturday of each month from 11:00 am to 3:00 pm to provide activities for seniors FY 2002.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Adopted Resolution No.  61,191-N.S. as amended by Councilmember Worthington to also refer to the City Manager to examine ways to open the West Berkeley Senior Center and South Berkeley Senior Center on Saturdays.
     

  15. Street Rehabilitation FY 2001 Phase 2
    From:  City Manager
    Recommendation:  Adopt a Resolution approving Plans and Specifications for the Street Rehabilitation FY 2001 Phase 2 Project; accepting the bid of Gallagher & Burk, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,960,000, for a period of 135 calendar days.  
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,192-N.S.
     

  16. Purchase Order:  Additional Services Related to Move Into Civic Center Building
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to increase a Purchase Order with Cor-O-Van for additional services related to the move into the Civic Center Building in an amount not to exceed $64,000 bringing the new total not to exceed $158,600.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,193-N.S.
     

  17. Childcare Mitigation Funds
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to increase the amount of the contract with BANANAS Inc. to administer the child care mitigation funds collected from economic development agreements to subsidize child care for low-income families in an amount not to exceed $100,000 for the period July 1, 1999 to June 30, 2004.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Adopted Resolution No.  61,194-N.S.
     

  18. Contract and Easement Agreement:  Vistamont Avenue Storm Sewer, Sanitary Sewer and Street Improvements
    From:  City Manager
    Recommendation:  Adopt a Resolution: 1) Approving plans and specifications for the Storm Sewer Improvements, Sanitary Sewer Rehabilitation and Street Reconstruction Project located at Vistamont Avenue and Wildcat Canyon Road; 2) Accepting the bid of K.J. Woods Construction, Inc.; 3) Authorizing the City Manager to execute a contract and amendments in an amount not to exceed $533,340 for a contract term period of 130 days; and 4) Authorizing the City Manager to enter into an easement agreement for storm sewer drainage purposes, with Sarn Oliver and Mari Smiley, Hiroshi Morimoto and Mark Springer.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,195-N.S.
     

  19. Memorandum of Understanding:  Warm Water Pool
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with Berkeley Unified School District (BUSD) for the design of improvements to the Warm Water Pool at Berkeley High School and authorize City Manager to make any necessary payments to BUSD for design and management under MOU.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,196-N.S. as amended by Mayor Dean asking for a report on the status of the funding and fund raising.
     

  20. Memorandum of Understanding:  Seismic Instrumentation - Civic Center Building
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with the United States Geological Survey (USGS) for the installation of seismic instrumentation at the Martin Luther King Jr. Civic Center Building.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No.  61,197-N.S.
     

  21. Director and Deputy Director of Parks, Recreation and Waterfront Classification
    From:  City Manager
    Recommendation:  Adopt a Resolution amending Resolution 60,633-N.S., Classification and Salary Range Resolution for Unrepresented Employees, to retitle and revise the classification for the Director of Parks, Recreation and Waterfront, and adjust the salary range to $8,346 to $11,600 per month; and establish a Deputy Directory of Parks, Recreation and Waterfront with a salary range of $6,776 to $9,066 in Unit Z1, Confidential Executive and Management Classifications.
    Contact:  Ronald N. Brown, Human Resources, 981-6806
    Action:  Adopted Resolution No.  61,198-N.S.
     

  22. Director of Planning and Development Appointment (to be delivered)
    From:  City Manager
    Recommendation:  Adopt a Resolution confirming the appointment of Carol Barrett to the position of Director of Planning and Development.
    Contact:  Weldon Rucker, City Manager, 981-7000
    Action:  Adopted Resolution No.  61,199-N.S.
     

  23. Director of Housing Appointment (to be delivered)
    From:  City Manager
    Recommendation:  Adopt a Resolution confirming the appointment of Stephen Barton to the position of Director of Housing.
    Contact:  Weldon Rucker, City Manager, 981-7000
    Action:  Adopted Resolution No.  61,200-N.S. (Noes – Olds; Abstain - Dean)
     

  24. Hazardous Materials Manager Classification
    From:  City Manager
    Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S. Classification and Salary Resolution for Local One Employees, to establish the Hazardous Materials Manager classification with a salary range of $4,776 to $5,764 per month, and abolish the Hazardous Materials Supervisor classification effective June 29, 1998.
    Contact:  Ronald N. Brown, Human Resources, 981-6806
    Action:  Adopted Resolution No.  61,201-N.S.
     

  25. Administrative Hearing Examiner
    From:  City Manager
    Recommendation:  Adopt a Resolution amending Resolution No. 60,633 –N.S. Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Administrative Hearing Examiner with a salary range of $4,463 to $5,396 per month effective March 20, 2000.
    Contact:  Ronald N. Brown, Human Resources, 981-6806
    Action:  Adopted Resolution No.  61,202-N.S.
     

  26. Systems Accountant Classification
    From:  City Manager
    Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to establish a Systems Accountant classification with a salary range of $4,738 to $5,771 per month effective June 1, 1999.
    Contact:  Ronald N. Brown, Human Resources, 981-6806
    Action:  Adopted Resolution No.  61,203-N.S.
     

  27. Contract:  Vermont Avenue Sewer Replacement and Slope Stabilization Project
    From:  City Manager
    Recommendation:  Adopt a Resolution: 1)  certifying the Final Environment Impact Report for the Vermont Avenue Sewer Replacement Project; 2)  adopting findings regarding impacts, mitigation measures, alternatives, and findings of overriding considerations; 3)  approving the “terraced slope” alternative.
    Contact:  Rene Cardinaux, Public Works, 981-6303
    Action:  Adopted Resolution No.  61,204-N.S.
     

  28. Contract:  Mediation Services
    From:   City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bluhon Planning Group, by increasing the contract in an amount not to exceed $6,500 for mediation services associated with Congregation Beth El’s proposed project.
    Contact:  Vivian Kahn, Planning and Development, 705-8108
    Action:  Adopted Resolution No.  61,205-N.S. as revised for a total contract amount of $10,000.
     

  29. Contract:  Hills Fire Station Project
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute contract amendments with Marcy Li Wong Architects for architectural and engineering services for Phase 1 of the Hills Fire Station Project by increasing the authorized amount by up to $10,000 for a new contract total amount not to exceed $45,500 for the period August 1, 2001 through September 30, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6303
    Action:  Adopted Resolution No.  61,206-N.S.
     

  30. Grant:  Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of  2000 (Proposition 12)
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to submit applications to the State of California Department of Parks and Recreation for available grant funding through the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12), and authorizing the City Manager to accept these grant funds, execute related grant agreements and any amendments that may be necessary.
    Contact: Lisa Carrona, Parks and Waterfront, 981-6700
    Action:  Adopted Resolution No.  61,207-N.S.
     

  31. Grant:  Ninth Street Bicycle Boulevard Project
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Metropolitan Transportation Commission (MTC) for Transportation Act Article 3 funds for the Ninth Street Bicycle Boulevard extension; 2)  accept and appropriate the $135,000 in funds when awarded; and 3) enter into agreements as necassary to complete the project.
    Contact:  Wendy Cosin, Planning, 705-8102
    Action:  Adopted Resolution No.  61,208-N.S.
     

  32. Support SCR 35 Proclaiming September 2001 as Children’s Health Insurance Month and Schedule Presentation by CALSHINE
    From:  Mayor Dean
    Recommendation:  Support SCR 35 (Perata) declaring September 2001 as Children’s Health Insurance Month, and schedule a presentation by CALSHINE at a September meeting regarding its outreach program to 10,000 area residents who are uninsured or underinsured.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  33. Support for SB 473 to Reform the Transportation Planning Process of the Metropolitan Transportation Commission
    From:  Mayor Dean
    Recommendation:  Support SB 473 (Perata) which requires the Metropolitan Transportation Commission (MTC) to develop performance criteria for all new transportation projects and request the City Clerk notify the bill sponsor, the City’s Sacramento lobbyist, and the MTC of the Council’s support.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  34. Support for SB 213 Requiring the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) to Collaborate on Establishing Policy Criteria Related to the Connection of Jobs, Housing and Transportation in the Bay Area.
    From:  Mayor Dean
    Recommendation:  Support SB 213 (Perata), which requires that ABAG and the MTC to evaluate if local government are implementing their fair share of housing starts and are participating in regional congestion reduction plans, and request that the City Clerk notify the bill sponsor, the City’s Sacramento lobbyist, ABAG and MTC of the Council’s support.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  35. Support for S.B. 1008 Authorizing the Upper Mokelumne River Watershed Authority (of which East Bay Municipal Utility is the Major Partner) to Take Over a Hydroelectric Facility Currently Owned by PG&E.
    From:  Mayor Dean
    Recommendation:  That Council: 1) support S.B. 1008 (Perata, Figueroa, Oller, Torlakson) which authorizes the transfer of a hydroelectric generating facility on the Upper Mokelumne River form its current owner (PG&E) to a joint powers authority, the Upper Mokelumne River Watershed Authority, consisting of Alpine, Amador, and Calaveras Counties and East Bay Municipal Utility District, for purposes of consolidation and coordination hydropower facilities in this watershed in the public interest; and 2) request that the City Clerk notify the bill sponsors and the City’s Sacramento legislative representatives and lobbyist.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  36. Resolution:  Support of Declaring September 2001 as Children’s Health Insurance Month
    From:  Councilmembers Maio and Breland
    Recommendation:  Adopt a Resolution in support of the California State Senate and Assembly having declared September 2001 as Children’s Health Insurance Month, and join the effort to encourage outreach to increase enrollment of children in the Healthy Families Program and the Medi-Cal program in order to help California attain the goal of providing health care to every eligible child.
    Contact:  Linda Maio, Councilmember District 1, 981-7100; Margart Breland, Councilmember District 2, 981-7120
    Action:  Adopted Resolution No.  61,209-N.S.
     

  37. Council Proclamation:  October 2, 2001 Alzheimer’s Association Memory Walk
    From:  Mayor Dean
    Recommendation:  Approve the presentation of  a Council Proclamation on October 2, 2001, to be drafted by the Mayor’s Office, recognizing the outstanding work the Alzheimer’s Association and supporting the annual Memory Walk fundraiser on October 6 2001.  
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  38. Evaluation:  CalAccess Program (revised report)
    From:  Councilmembers Armstrong and Hawley
    Recommendation:  Ask the City Manager to help with the promotion of the CalAccess Shuttle between Rockridge BART and UC Campus, through the hanging of banner(s) on Telegraph Avenue, and/or another location deemed appropriate, and providing $600 to help evaluate the effectiveness of the program.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180; Miriam Hawley, Councilmember District 5, 981-7150
    Action:  Adopted Resolution No. 61,210-N.S. 
     

  39. Fee Waiver:  3rd Annual Rainbow Berkeley Brunch
    From:  Councilmember Worthington
    Recommendation:  Adopt a Resolution waiving of fees for the 3rd Annual Rainbow Berkeley Brunch at the North Berkeley Senior Center.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Adopted Resolution No.  61,211-N.S.
     

  40. Oppose Nomination of Jeffrey Sutton to Federal Bench
    From:  Councilmember Worthington
    Recommendation:  Oppose President Bush’s nomination of Jeffrey Sutton to the Court of Appeals for the Sixth Circuit. Also that the Council sends letters to U.S. Senator Dianne Feinstein and U.S. Senator Barbara Boxer in strong opposition of nomination of Jeffrey Sutton to the Federal bench.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Approved recommendation.
     

  41. Redwood-Sequoia Week, Waive Permit Fees for Redwood-Sequoia Congress March and Special Event Activities
    From:  Councilmember Worthington
    Recommendation:  Adopt a Resolution for Redwood-Sequoia Week and waive permit fees for Redwood-Sequoia march and special event activities.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Adopted Resolution No.  61,212-N.S.
     

  42. Leave of Absence:  Library Board Trustee
    From:  Board of Library Trustees
    Recommendation:  Approve a leave of absence for the period August 8 through September 12, 2001, for Library Board Trustee Patricia Cross.
    Contact:  Mary Lou Mull, Secretary, 644-6095 x17
    a.             City Manager Report
    Recommendation:
      Concurs with the content and recommendations of the Commission.
    Contact:  Mary Lou Mull, Library Services, 644-6095 x17
    Action:  Approved recommendation.
     

  43. FY 2002 Civic Arts Commission Grant Funding Recommendations (revised report)
    From:  Civic Arts Commission
    Recommendation:  Adopt a Resolution approving the Civic Arts Commission funding recommendations and authorizing 57 grants to various organizations to support arts and cultural activities during FY 2002 in the amount $243,270.
    Contact:   Mary Ann Benton, Secretary, 705-8183
    a.             City Manager Report
    Recommendation:
      Concurs with the content and recommendations of the Commission.
    Contact:   Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No.  61,213-N.S.
     

  44. Metropolitan Transportation Commission Regional Transportation Plan
    From:  Transportation Commission
    Recommendation:  Support full funding of the transit capital shortfalls within the Regional Transportation Plan and encourage the Metropolitan Transportation Commission (MTC) to fund the Transportation for Livable Communities program at a total of $27 million per year as recommended by MTC staff.
    Contact:  Karen Haney-Owens, Secretary, 705-8137
    a.             City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:   Wendy Cosin, Planning and Development, 705-8102
    Action:  Approved recommendation.
     

  45. Endorsement of SB 910:  Housing Element
    From:  Housing Advisory Commission
    Recommendation:  Adopt a Resolution endorsing Senate Bill (SB) 910 which would require penalties for jurisdictions not in compliance with State Housing Element Law.
    Contact:  Oscar Sung, Secretary, 981-5410
    a.            City Manager Report
    Recommendation: 
    Approve the Housing Advisory Commission Resolution endorsing SB 910 and direct the City’s Sacramento lobbyist to support efforts to: 1) Have SB 910 provide guidelines regarding the fair share allocation of housing need; and 2) Increase State coordination of housing with other goals and constraints to development.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Adopted Resolution No.  61,214-N.S. approving the City Manager’s recommendation.
     

  46. Extension of the Undergrounding Utilities Task Force
    From:  Task Force on Undergrounding
    Recommendation:   Adopt a Resolution authorizing the extension of the Undergrounding Utilities Task Force for a third year, July 24, 2001 through July 31, 2002.
    Contact:   Roger Miller, Secretary, 981-7009
    a.            City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:   Phil Kamlarz, Deputy City Manager, 981-7000
    Action:  Removed from Consent Calendar by Councilmember Worthington.  Moved, seconded, failed (Armstrong/Hawley; Noes – Breland, Spring, Worthington; Abstain – Maio, Spring) to extend the Task Force.

Presentation  

  1. Youth Energy Services Program (15 minutes)
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:   Presentation heard.

 

Action Calendar

 

Appeals:

  1. Zoning Appeal of Use Permit 00-10000103 – 1392 University Avenue
    a.            Appeal filed by Bonnie Dehler and Carol Sullivan of Zoning Adjustments Board decision to approve a Mitigated Negative Declaration and Use Permits to allow the construction of  a 5-Story mixed use building with 71 dwelling units (20 affordable), 7,250 square feet of commercial space in the General Commercial (C-1) district.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900  
    b.            City Manager Report
    Recommendation: 
    Adopt a Resolution affirming the Zoning Adjustments Board’s decision to allow the construction of a five-story mixed use building with 71 dwelling units and 7,250 square feet of commercial space in the General Commercial (C-1) District, and dismiss the appeal.
    Contact:  Wendy Cosin, Planning and Development, 705-8102

    Actions:   Moved, seconded (Maio/Spring) a main motion to set the matter for a public hearing.

    Moved, seconded, carried a substitute motion (Olds/Breland; Noes – Maio, Spring, Worthington; Abstain - Shirek) to adopt Resolution No. 61,215-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.
     

  2. Zoning Appeal of Use Permit 00-20000120 – 2209 Prince Street
    a.            Appeal filed by Lenore Ranadive
    of the Zoning Adjustments Board decision of May 10, 2001, which denied without prejudice Use Permit 00-20000120 with findings, to allow a hot tub at 2209 Prince Street.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    b.            City Manager Report
    Recommendation:  Adopt a Resolution remanding to the Zoning Adjustments Board for a new public hearing to consider new information regarding mitigation of noise impacts and interference with privacy of residents on adjacent properties.
    Contact:  Wendy Cosin, Planning and Development, 705-8102
    Action:  Moved to Consent Calendar by Councilmember Worthington and adopted Resolution No.  61,216-N.S. remanding the matter back to the Zoning Adjustments Board.
     

  3. Zoning Appeal of Variance 01-10000035 – 1966-68 San Pablo Avenue
    a.            Appeal filed by L. A. Wood of the Zoning Adjustments Board decision of May 24, 2001 which approved Variance 01-10000035 with findings and conditions, to allow the establishment of ground floor office use in the University/San Pablo Avenue commercial node of the West Berkeley Commercial (C-W) District at 1966-68 San Pablo Avenue.
    b.            City Manager Report
    Recommendation:
      Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve a variance to allow establishment of a ground floor office in a West Berkeley Commercial (C-W) district node and dismiss the appeal.
    Contact:  Wendy Cosin, Planning and Development, 705-8102
    c.            Communications From: 
                   1.  Carol Denney, 1970 San Pablo Avenue #4
                   2.  Al Reynolds, President, Alton Management Corp.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    Action:  Moved, seconded, carried (Worthington/Breland) to adopt Resolution No. 61,217-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

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 Civ.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.

Public Hearings

  1. Confirming the Annual Report for the Telegraph Property and Business Improvement District for FY 2001 and Levying Annual Assessments in the Area for FY 2002
    From:  Property Owners’ Council for the Telegraph Property and Business Improvement District
    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution confirming the Annual Report of the Property Owners’ Council for the Telegraph Property and Business Improvement District for Fiscal Year 2001 and levying assessments in the District for Fiscal Year 2002.
    Contact:  Dave Fogarty, Secretary, 705-8184

    Public Testimony:  The Mayor opened the public hearing - no speakers heard.  Moved, seconded, carried (Armstrong/Worthington; Absent – Maio, Olds) to close the public hearing.

    Action:  Moved, seconded, and carried (Armstrong/Worthington; Absent – Maio, Olds) to adopt Resolution No.  61,218-N.S. 
     

  2. Confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2001 and Levying Annual Assessments in the Area for FY 2002
    From:  Advisory Board for the Elmwood Theater Business Improvement Area
    Recommendation:  That Council hold a public hearing and upon conclusion adopt a Resolution confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2001 and levying assessments in the District for Fiscal Year 2002.
    Contact:  Dave Fogarty, Secretary, 705-8184

    Public Testimony:  The Mayor opened the public hearing - no speakers heard.  Moved, seconded, carried (Worthington/Armstrong; Absent - Maio) to close the public hearing.

    Action:  Moved, seconded, and carried (Worthington/Armstrong; Absent - Maio) to adopt Resolution No.  61,219-N.S.
     

  3. Zoning Appeal of Use Permit 2025 Rose Street
    a.            Appeal filed by Fari Sabetimani
    of the Zoning Adjustments Board decision of March 22, 2001 which approved modification of Use Permit 97-10000003 pursuant to the State of California Permit Streamlining Act that approves a project when the City fails to act on it within sixty days of the date the application for the project is accepted as complete.  The modified project permitted an addition to an existing non-conforming office building and construction of a new multi-family building with four dwelling units, to instead allow the construction of three dwelling units with attached garages.
    Contact:  Sherry Kelly, City Clerk, 981-6900
    b.            City Manager Report
    Recommendation:  Conduct a public hearing.
    Contact:  Wendy Cosin, Planning and Development, 705-8102
    c.            Communications
                   1.  Alice Waters, Owner, Chez Panisse Restaurant and Café
                   2.  Letter with 147 signatures.
                   3.  Rena Rickles, Attorney
                   4.  Bob Richerson
                   5.  Marcy Wong
                   6.  Fari Sabetimani
                   7.  Julia Ross
    Contact:  Sherry M. Kelly, City Clerk, 981-6900

    Public Testimony:  The Mayor opened the public hearing - 17 speakers heard.  Moved, seconded, carried (Armstrong/Shirek) to close the public hearing.

    Action:  Moved, seconded, carried (Armstrong/Shirek; Noes – Spring; Abstain – Maio, Worthington) to adopt Resolution No. 61,220-N.S. approving the project and findings by the Zoning Adjustments Board and conditions by staff, and directing the developer to work with staff and in consultation with neighbors on additional conditions related to traffic safety issues for the entrance and exit from the property.      
     

  4. Congregation Temple Beth El :

    COUNCIL REVIEW OF LANDMARKS PRESERVATION COMMISSION DECISION DENYING ALTERATION PERMIT FOR PROJECT PROPOSED FOR 1301 OXFORD STREET (CONGREGATION BETH EL)

    The agenda for this meeting had to be drafted and  posted before the City could know the outcome of the Council’s consideration of this matter at its Thursday July 19 special meeting.  At the July 19, 2001 special meeting the Council may either continue the hearing or close it to further public testimony except in response to questions from the Council and take any number of other actions listed on the agenda for the special meeting of July 19, 2001.

    At this meeting the Council could do take any action regarding this matter depending upon what actions it has taken at the Thursday July 19, 2001 hearing. The Council’s actions may include but are not limited to the following: 1) taking public testimony only if, at the Council hearing on Thursday July 19, the Council continued the public hearing to July 24, 2001; 2) closing any public hearing if a hearing was continued to this date and conditioning closure of such hearing in any manner the Council deems proper; 3) receiving and discussing oral and/or written reports from staff; 4) asking questions of staff, the applicant and members of the public; 5) reviewing, considering, discussing, deliberating on the matter; 6) giving direction to staff and/or making a decision; 6) calling special meeting(s) to continue these discussions or take additional action.
    Contact:  Wendy Cosin, Planning and Development, 705-8102

    COUNCIL REVIEW OF ZONING ADJUSTMENTS BOARD DECISION GRANTING PERMITS FOR A PROPOSED PROJECT AT 1301 OXFORD STREET (CONGREGATION BETH EL) AND CERTIFYING THE RELATED ENVIRONMENTAL IMPACT REPORT

    The agenda for this meeting had to be drafted and posted before the City could know the outcome of the Council’s consideration of this matter at its Thursday July 19 special meeting.  The actions the Council may take at this meeting will depend on the actions in took at the July 19, 2001 special meeting.

    At this meeting, the Council could take any action regarding this matter, depending upon what actions it has taken at the Thursday July 19, 2001 hearing. The Council’s actions may include but are not limited to the following: 1) request and receipt of further oral and/or written reports from the staff; 2) asking questions of staff, the applicant and members of the public; 3) reviewing, considering, discussing, deliberating on the matter; 4) giving direction to staff and or making a decision; 5) calling special meeting(s) to continue these discussions or take additional action. 
    Contact:  Wendy Cosin, Planning and Development, 705-8102

    Action:  Moved, seconded, carried (Hawley/Breland) a sense motion to approve the Beth El Project as modified by the site plan of July 23, 2001, and Condition C7 (text) subject to any future testimony on additional use permits.
     
    Councilmember Worthington asked for information from staff related to cost and time constraints for re-circulating the Environmental Impact Report and its relationship to potential lawsuits.
     

  5. Oxford Street Parking Lot – Uses, Design, Developer
    From:  Planning Commission
    Recommendation:
    Accept the recommendations of the Planning Commission as stated in the report on the Oxford Street Parking Lot related to housing, art space, retail space, the David Brower Center, parking, transportation plan, design, open spaces, streetscape, and developer selection.
    Contact:  Stephen Barton, Housing, 981-5400
    a.            From:  City Manager
    Recommendation:
    Adopt the Planning Commission recommendations for the development of the Oxford Lot as a model, add criteria to the proposed Request for Qualifications and authorize staff to begin the process of developer selection for the site.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Moved, seconded, carried (Maio/Spring) to approve the City Manager’s recommendation as amended to also refer to staff the feasibility of: 1) an arts center; 2) a public plaza; 3) a restaurant selling healthy food; 4) parking for disabled residents; 5) on-going maintenance costs; and 6) selling to a for-profit developer and relocation of housing to another location to provide for more affordable housing.
     

  6. Application for HUD Section 108 and Increased Housing Trust Fund Allocation for the Adeline Street Apartments
    From:  City Manager
    Recommendation: 
    Adopt a Resolution to approve the following: 1)  a HUD Section 108 Loan Guarantee Program for the Adeline Street Apartments in the amount of $500,000;  and approve additional Housing Trust Funds in the amount of $290,000 increasing the Housing Trust Fund loan to $1,577,474.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Moved to Consent Calendar by Councilmember Worthington and adopted Resolution No.  61,221-N.S.
     

  7. Appointment:  Water Transit Community Advisory Board
    From:  Mayor Dean
    Recommendation:  Adopt a Resolution appointing Mayor Shirley Dean as the City of Berkeley representative, and Councilmember Kriss Worthington as alternate, to the Water Transit Community Advisory Board.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Withdrawn by Mayor Dean. 
     

  8. Meeting Notice Language Regarding Scented Products
    From:  Commission on Disability
    Recommendation:  Change the language appearing on meeting notices regarding scented products to say the following:  “Please refrain from wearing scented products (perfume, cologne, after-shave, etc.) to these meetings, as there may be people in attendance who are allergic and can be seriously harmed by exposure to these products.”
    Contact:  Eric Dibner, Secretary, 981-6342
    a.            From:  City Manager
    Recommendation:  Take no action and leave the meeting notice regarding scented products as it is.
    Contact:  Rene Cardinaux, Public Works, 981-6303
    Action:  Held over to September 11, 2001 meeting at the request of  Councilmember Spring.  
     

  9. UC Berkeley Northeast Quadrant Science and Safety (NEQSS) Projects Draft Environmental Impact Report (DEIR)
    From:  Planning Commission
    Recommendation:  Request 1) UC Berkeley extend the public comment period on the Draft Environmental Impact Report (DEIR) for the Northeast Quadrant Science and Safety (NEQSS) Projects by 45 days, with an ending date of September 15, 2001; and hold an additional public hearing on the DEIR, and a public hearing after the publication of the Final EIR and 2) direct the City Manager to forward all public and commission comments provided at the July 11, 2001 Planning Commission meeting to UC Berkeley.
    Contact:  Karen Haney-Owens, Secretary, 705-8137
    a.          From:  City Manager
    Recommendation:  Authorize the City Manager to send a letter to UC Berkeley transmitting comments recommended by the Planning Commission, staff and other boards and commissions on the DEIR.
    Contact:  Wendy Cosin, Planning and Development, 705-8102
    b.          From:  Councilmembers Spring, Olds and Mayor Dean
    Recommendation:
      Council request that 1) the City Manager fax an urgent letter to Chancellor Berdahl and Vice Chancellor Denton requesting additional public hearings and a 60 day extension of the comment period for the DEIR for the Northeast Quadrant Science and Safety (NEQSS) development consisting of four major projects, adding 360,000 sq. ft. to the Central Campus; 2) adopt a Resolution authorizing the City Manager to hire a consultant, with input and recommendations from neighborhood residents, to prepare comments, on the EIR’s deficiencies; and 3) delegate to a subcommittee of Councilmembers Olds, Spring and Mayor Dean authority to negotiate a development agreement and/or pursue legal remedies on the NEQSS development project.
    Contacts:  Councilmembers Dona Spring, District 4, 981-7140; Betty Olds, District 6, 981-7160; Mayor Dean, 981-7100
    Action:  Moved to Consent Calendar by Councilmember Worthington and approved the City Manager and City Council’s recommendations to request a 60-day extension of the comment period.
     

  10. Bay Area Community Services to Enhance Paratransit Services in Alameda County (to be delivered)
    From:  Commission on Aging
    Recommendation: 
    Conduct a public hearing before a final decision is made on the proposal from the Bay Area Community Services (BACS) to enhance paratransit services in Alameda County; direct the City Manager to explore establishing innovative Paratransit programs within the City of Berkeley and availing itself of Gap Paratransit money to either strengthen existing transportation programs like Emergency Services or Senior Programs or purchasing ramped taxis for lease to the City’s Van Program or to develop new programs; and provide assurance to the Commission on Aging that the City of Berkeley’s Taxi Scrip program will not be compromised or supplanted by the program by BACS.
    Contact:  Charles Betcher, Commission on Aging, 548-5076
    a.            From:  Commission on Disability (to be delivered)
    Recommendation: 
    Support the project by Bay Area Community Services to conduct a feasibility study and pilot project for demand response transit in Berkeley and North Alameda County with the use of “Gap Funds” under Measure B.
    b.
                From:  City Manager (to be delivered)
    Recommendation:  Authorizing the City Manager to designate delegates to represent Berkeley on the BACS Steering Committee and to develop a coordinated response to the County Measure B funding process and other paratransit issues.
    Contact:  Steve Barton, Housing, 981-5400

    Action:  Moved to Consent Calendar by Councilmember Worthington to approve the  City Manager’s recommendation and to include one representative each from the Commission on Disability and Commission on Aging.

Information Reports

  1. Pedestrian Flags (CF 79-01)
    From:  City Manager

    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Received and filed.
     

  2. Urban Ore Eco Park
    From:  City Manager

    Contact: Bill Lambert, Economic Development, 705-8180
    Action:   Received and filed.
     

  3. Evaluation:  Easy Does It FY 2000
    From:  City Manager

    Contact:   Phil Kamlarz, Deputy City Manager, 981-7000
    Action:   Received and filed.
     

  4. Adjustments to Council Boundaries (Redistricting)
    From:  City Manager

    Contact:   Sherry M. Kelly, City Clerk, 981-6900
    Action:   Received and filed.
     

  5. Parking Meter Violation Update
    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000
    Action:   Received and filed.
     

  6. OSHA/Policy Issues – Facial Hair (to be delivered)
    From:  City Manager

    Contact:  Reginald Garcia, Fire, 981-5500
    Action:   Received and filed.

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

 

The following communications were read, noted, and filed, unless otherwise noted:

 

Page No.

  1. Patricia Kate, regarding suggestion to help alleviate parking problems. Breland, Dean
     

  2. Petition containing 15 signatures regarding General Plan.  Worthington, Dean
     

  3. Charles L Smith, regarding General Plan and EIR.  Shirek, Maio, Dean
     

  4. Nadesan Permaul, regarding AC Transit Major Investment Study
     

  5. Regarding development of the Oxford Street lot:  Worthington, Dean
    a.      David C. Phillips
    b.      Juliette Majot
     

  6. Ray Dobard, regarding disability related discrimination.  Worthington, Breland, Dean
     

  7. Sheila J. Henderson, regarding restriping of Claremont Avenue.  Olds, Dean
     

  8. L.A. Wood, regarding radioactive Eucalyptus trees at Lawrence Hall of Science.  Worthington, Breland, Spring, Dean
     

  9. Merri Mitchell, regarding Sudden Oak Death.  Worthington, Spring, Maio, Dean
     

  10. Regarding support for Acton Courtyard Project:  Breland, Dean
    a.      Nashua Kalil, Senior Planner/Urban Designer, BART
    b.     
    Rachel Peterson, Executive Director, Urban Ecology

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS – Part I

 

Item 5 – Rental Housing Safety Program

  1. Ted Edlin

Item 27 – Vermont Avenue Sewer Replacement Project

  1. Resolution with Attachments

Item 48 – 1392 University Avenue

  1. Howie and Connie Muir  Olds, Dean

  2. Tim Hansen, Berkeley Public Community Forum

  3. Peter Teichner

  4. Bonnie Dehler, BACH Neighborhood

  5. Bonnie Dehler, BACH Neighborhood

  6. Christopher Hudson and Gordon Choyce, Jr.

  7. Carol Sullivan, BACH Neighborhood

  8. Anthony Schmiesing

Item 50 – 1966-68 San Pablo Avenue

  1. Board of Directors, Crossroads Village Mutual Housing Association  Breland, Dean

Item 53 – 2025 Rose Street Public Hearing

  1. Michael Korman

  2. Joyce Tom

  3. E. Jane White

  4. Tim Hansen, Berkeley Public Community Forum

  5. David Stoloff

  6. Robert Richerson

Item 54 – Congregation Temple Beth El

  1. Elisabeth O’Malley

  2. Alan Gould

  3. Peter Rugh

  4. Jim Cassell

  5. Cy Silver

  6. Julie Dempster

  7. Thomas Kelly

  8. Alan Gould

  9. Juliet Lamont

  10. James Samuels, AIA

  11. Carol Thornton

  12. Juliet Lamont

  13. Diane Tokugawa

  14. Lauren Fielder

  15. Barbara Fletcher Barbour

  16. Councilmember Spring

  17. Sally K. Sachs, President, BAHA

  18. D. Sequoia

  19. Jane Harada

Item 55 – Oxford Street Parking Lot

  1. Randall Hayes, Rainforest Action Network

  2. Kenny Abiko

  3. Jason Grant, EcoTimber

  4. Arlene Blum, PhD

  5. Michael Katz

  6. Duane Silverstein, Seacology

  7. Tom Turner

  8. Pamela Michael, River of Words

  9. Zenobia Barlow, Center for Ecoliteracy

  10. Martin Bouruqe, Ecology Center

  11. Tim Hansen, Berkeley Public Community Forum

  12. Mickey Tenenbaum, President, Berkeley Performing Arts Center

  13. Miyoko Sakashita, Founder, BREAD

  14. Mathis Wackernagel, Ph.D.

  15. Aaron G. Lehmer, Director, Grassroots Globalization Network

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS – Part II

 

Item 38 – Evaluation: CalAccess Program

62.   Revised Report from Councilmembers Armstrong and Hawley

 

Item 46 – Term of Undergrounding Task Force

63.   Dick White and Jerry Carlin

 

Item 53 – 2025 Rose Street

64.   Laurie Capitelli

 

Item 54 – Congregation Temple Beth El

65.   Elliot Cohen

 

Item 55 – Oxford Parking Lot

66.   Beth Gelfand  Worthington, Dean

 

Item 59 – UC Berkeley NEQSS

67.   Robert Breuer  Worthington, Dean

68.   Fredrica Drotos  Worthington, Dean

 

Adjournment

 

Action:  Moved, seconded, carried (Worthington/Maio) to suspend Council rules and extend the meeting to complete the agenda.

 

Adjourned at  12:53 a.m.


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