Home

Elected Officials Departments and Services

Calendar & Local Links

Search

E-Mail

City of Berkeley Logo

City Council
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

Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.

Boards and Commissions

City Charter City Council Conflict of Interest

Domestic Partnership

Election Information

Records Online

Municipal Code & Zoning Ordinance

City Council
City Clerk
Ballot Measures
BERA
Campaign Info
Candidate Info
Commissions
Election Info
Records Online
Redistricting
Related Links
Downloads



AGENDA
 

BERKELEY CITY COUNCIL REGULAR MEETING
 

TUESDAY, MARCH 19, 2002
 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

a)      Proclamation for Public Health Week

b)      Proclamation Honoring Doris Richards

Comments from the City Manager:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

 

Comments from the Public:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

 

Council Action: The City Council may take action related to any subject listed on the Agenda.

 

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be held over to the next action agenda unless the City Manager requests action.

  1. Minutes for Approval
    From:  City Manager
    Recommendation:
      Approve the minutes for Council meetings of:  a) December 11, 2001 (at the request of Mayor Dean, pages 8, 9, and 11 were revised); and b) March 4, 2002 (special).
    Contact: Sherry M. Kelly, City Clerk, 981-6900

     

  2. Adjustments to Council District Boundaries (Redistricting)  (first reading 03/12/02 –unanimous)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance adjusting the council district boundaries pursuant to Article V, Section 9, of the Charter.  These boundaries will be effective for the nomination and election of candidates for the November 5, 2002 General Municipal Election.

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

     

  3. Lease:  Computer Retail Store – Sather Gate Mall  (first reading 03/12/02 – unanimous)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance authorizing a lease agreement with Ken Chu, owner of Quality Computers, for $1,049 per month for 709 square feet at $1.48 per square foot to operate a retail store featuring computer hardware configuration and installation, at 2435A Channing Way (Sather Gate Mall) for a five-year period with one five-year option.

    Contact:  Fran David, Finance, 981-7300

     

  4. Re-zoning Ten Parcels on the North Side of Hearst Street between San Pablo Avenue and Curtis from R-3 to R-2A  (first reading 03/12/02 – Noes -Hawley)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23, Zoning, by amending the Official Zoning Map of the Zoning Ordinance to rezone ten parcels on the north side of Hearst Street between San Pablo Avenue and Curtis from R-3 to R-2A.

    Contact:  Carol Barrett, Planning and Development, 705-8102
     

  5. Contract:  Claudia Chapline for Public Art Consultation

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Claudia Chapline for public art consultation, from May 1, 2002 to August 31, 2003, in an amount not to exceed $35,000.

    Contact:  Bill Lambert, Economic Development, 705-8180

     

  6. Grant:  Tobacco Cessation and Prevention Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $20,000 from the Alameda County Health Services Agency, Public Health Department to support tobacco control enforcement activities for the period February 1, 2002 to June 3, 2002, and to execute the resultant agreement and any amendments.

    Contact:  Fred Medrano, Health and Human Services, 981-5100
     

  7. Contracts:  Lighting Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend contracts for lighting audit installation services to increase the amounts as follows:  Flouresco Lighting and Signs ($425,001); American Wholesale Lighting ($425,001); Amtech Lighting Services ($425,001); T. Marshall Associates ($425,001); Daystar Energy ($50,001); and Community Energy Services Corporation ($165,000) and authorizing any future amendments to the scope, term and payment terms.

    Contact:  Stephen Barton, Housing, 981-5400

     

  8. Grant:  Measure B Funds for Alternative Transportation

    From:  City Manager

    Recommendation:  Adopt a Resolution 1) approving a 13-month Measure B 2000 program plan to continue support and operation of the programs and services currently in place to provide for alternative transportation of senior citizens and persons with disabilities and 2) authorizing the City Manager to transmit the plan and 13-month claim in the amount of $212,653 to the Alameda County Transportation Improvement Authority to receive Measure B non-mandated funds for use during Fiscal Years 2002 and 2003.

    Contact:  Stephen Barton, Housing, 981-5400

     

  9. Contract:  3% at Age 50 Retirement Formula for Police

    From:  City Manager

    Recommendation:  Adopt a Resolution of Intention to amend the contract with the California Public Employees’ Retirement System (CalPERS) to provide the 3% at Age 50 Retirement Formula as set forth in California Government Code Section 21362.2 for local police employees only; and adopt the first reading of an Ordinance to amend the 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 employees only to be effective June 30, 2002.

    Contact:  Ron Brown, Human Resources, 981-6800

     

  10. Grant:  Urban Park and Recreation Recovery Program

    From:  City Manager

    Recommendation:   Adopt a Resolution authorizing the City Manager to submit a grant application for up to $425,000 to the Urban Park and Recreation Recovery Program (UPARR) under the National Park Service within the United State Department of the Interior and to execute related grant agreements and any amendments.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

     

  11. Martin Luther King, Jr. Civic Center Park Repair and Rehabilitation Project

    From:  City Manager

    Recommendation:  Set a public hearing on April 16, 2002, regarding the Landmarks Preservation Commission (LPC) approval of the Structural Alteration Permit for the Martin Luther King, Jr. Civic Center Parks Repair and Rehabilitation Project.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

     

  12. Lease:  711 Harrison Street for Homeless Shelter

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Building Opportunities for Self-Sufficiency (BOSS) to lease city property located at 711 Harrison Street as a homeless shelter for $1 per year for fifty-five years.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  13. Support for SB 1619 Creating a State Program to Promote Recovery, Reuse, and Recycling of Hazardous Electronic Scrap

    From:  Mayor Dean

    Recommendation:  1) Support SB 1619 (Romero and Soto) that creates a program under the California Integrated Waste Management Board to recover, reuse, and recycle (RRR) hazardous electronic scrap;  2) request that the City Clerk notify the bill sponsors and the City’s Sacramento legislative representatives and lobbyist, and also write to Senator Sher, sponsor of SB 1523, asking him to merge his bill into SB 1619;  3) request the City Clerk forward this item to the City Clerks of neighboring communities with a request that these Clerk’s transmit the approved item to their City Councils and that these Councils consider similar action; and 4)  refer to the Community Environmental Advisory Commission a request to evaluate the extent to which Berkeley’s “recycled” electronic materials are actually ending up as somebody else’s problem due to the limitations of our technology, finances, or effort, and to suggest feasible comprehensive improvements to the local RRR of e-waste.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  14. Based On Health Effects, Determine Whether Use Of Previously Used Hot Cup Sleeves Should Be Prohibited

    From:  Mayor Dean

    Recommendation:  Request the City’s Health Officer issue an opinion on the health implications on using previously used hot cup sleeves, and whether such practices should be prohibited, and, if so, how this prohibition will be communicated to food establishments that sell hot beverages in paper cups.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  15. Establishment of a “Sister City” relationship with Engine 6 Fire House in New York City   (To Be Delivered)

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager and the local Fire Fighters Association the establishment of a “Sister City” relationship between the City and Engine 6 Fire House in New York City.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  16. Possible City Purchase of 1947 Center Street  (To Be Delivered)

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager for evaluation the possible purchase of 1947 Center Street.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  17. Co-Sponsorship of West Berkeley Association of Industrial Companies Event

    From:  Councilmember Maio

    Recommendation:  Adopt a Resolution co-sponsoring with the West Berkeley Association of Industrial Companies (WeBAIC) their “What Can I Buy That You Make?” event at the Berkeley Yacht Club on Thursday, April 18, 2002 and paying the $100 rental fee.

    Contact:  Linda Maio, District 1, 981-7110

     

  18. Support: Assembly Bill 1058 to Reduce Emission Standards

    From:  Councilmember Maio

    Recommendation:  Adopt a Resolution supporting  Assembly Bill 1058, a bill that would reduce greenhouse gas pollution from cars and light-duty trucks and send copies of our resolution to Governor Gray Davis, Senator Don Perata, and Assemblywoman Dion Aroner.

    Contact:  Linda Maio, District 1, 981-7110

     

  19. Proposed Health Care Cuts in Governor Davis’ Budget

    From:  Councilmembers Maio and Breland

    Recommendation:  That the Council send a letter to Governor Gray Davis requesting that he reconsider the proposed budget cuts to health care, and recommend that he proceed with the previously planned expansion of the Healthy Families Program, which is critical for the 4000 uninsured children and the 12,000 uninsured adults in Berkeley.

    Contact:  Linda Maio, District 1, 981-7110; Margaret Breland, District 2, 981-7122

     

  20. Nicky’s Rainbow Run  (To Be Delivered)

    From:  Mayor Dean

    Recommendation:  Adopt a Resolution waiving costs associated with providing traffic control for Nicky’s Rainbow Run on April 21, 2002.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  21. Campaign Finance Reform Through Public Finance Of  2002 Berkeley Elections

    From:  Councilmember Worthington

    Recommendation:  That Council indicate our intention to implement campaign finance reform through partial matching fund public financing of the City of Berkeley elections this November, and request the City Manager to have attorneys review proposals for Berkeley campaign finance reform.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  22. Students Voicing Opportunity and Increasing Commission Equity

    From:  Councilmember Worthington

    Recommendation:  Adopt Resolution proposed by students titled “Students Voicing Opportunity and Increasing Commission Equity” in City of Berkeley Boards and Commissions.

    Contact:  Kriss Worthington, District 7, 981-7170

Public Hearing

  1. Revocation of Use Permit #7263 – Tune Up Masters – 1698 University Avenue

    From:  City Manager

    Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution to initiate proceedings for revocation of Use Permit 7263 for noncompliance with the Use Permit conditions, including those imposed by Resolution No. 58,425-N.S., for auto service use at 1698 University Avenue (Tune Up Masters).

    Contact:  Carol Barrett, Planning and Development, 705-8102

    a. Communications

    1. Carol Jenkins and Anthony Guarnieri

    2. Dr. Meredith Sabini

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

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.

Action Calendar

 

Appeals:

  1. 2517 Sacramento Street

    a.  Appeal filed by Marie Bowman, appellant

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

    b.  City Manager Report  (To Be Delivered)

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision adopting a mitigated negative declaration and approving Use Permit 01-10000085 with findings and conditions to: a) demolish a commercial building, b) construct a 41,171 square foot mixed-use development with 40 dwelling units and 3,620 square feet of retail space at 2517 Sacramento Street, and c) dismissing the appeal.

    Contact:  Carol Barrett, Planning and Development, 705-8102

New Business/Priority:

  1. General Plan (to be delivered)

    From:  City Manager

    Recommendation:  Adopt a Resolution adopting the draft General Plan Introduction Chapter, Disaster Preparedness and Safety Element, Open Space and Recreation Element, Environmental Management Element, Economic Development and Employment Element, Urban Design and Preservation Element, Citizen Participation Element, and Implementation Chapter as amended by the City Council.

    Contact:  Carol Barrett, Planning and Development, 705-8102

     

  2. Potential Ballot Measures – November 2002  (Discussion continued from 3/12/02)

    From:  City Manager

    Recommendation:  Direction from Council on potential ballot measures for the November 2002 Election.

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

Old Business:

  1. Elimination of Auto-Related Uses on University Avenue (CF44-00)  (Moved to Action by Spring on 1/15/02 and held over from 2/5/02, 2/26/00 and 3/12/02)

    From: City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8101

     

  2. Parking Enforcement – Citation Authority Amendments  (Held over by Maio from 2/19/02, 2/26/02 and 3/12/02)

    From:  City Manager

    Recommendation:    Adopt an Ordinance amending Berkeley Municipal Code (BMC) sections 6.24, 14.36, 14.40, 14.44, 14.52, and 14.64 relating to parking and stopping of vehicles to permit multiple citations, issuing citations at inoperable meters and correcting the parking meter fee rates.

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000, D.E. Butler, Police, 981-5700, and Manuela Albuquerque, City Attorney, 981-6950

    a.  From:  Councilmember Maio

    Recommendation:  Forward to the City Manager the following recommendations: 1) beginning immediately, insert a description of the pending changes into all citations for parking at broken meters beyond the official time limit, including the rationale for the new policy; 2) implement a “grace period” of several weeks before initiating enforcement; 3) consider implementing stepped up enforcement on Durant and Bancroft (pilot area) and studying its efficacy before removing the meters entirely; and 4) provide a brief description to Council of the outreach and communications effort, one that we can use in replying to constituents.

    Contact:  Linda Maio, District 1, 981-7110

     

  3. Contract:  Veterans Memorial Building  (Held over by Worthington from 3/12/02)

    From:  City Manager

    Recommendation:   Adopt a Resolution authorizing the City Manager to execute contract amendments with Noll and Tam Architects to produce a detailed cost estimate for the Veterans Memorial Building for purposes of making the building the future Council Chambers and increasing the contract by $22,385 for a total contract amount not to exceed $46,560.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  4. Plans for the New Alameda County Juvenile Justice Facility  (Held over by Hawley from 3/12/02)

    From:  Councilmembers Maio and Shirek

    Recommendation:  Adopt a Resolution opposing the current plans for the new Alameda County Juvenile Justice Facility and ask the County Board of Supervisors to reconsider the site and size of the new facility.

    Contact:  Linda Maio, District 1, 981-7110; Maudelle Shirek, District 3, 981-7130

     

  5. Consider a Citywide 20 MPH Speed Limit in Residential Areas  (Held over by Olds from 3/12/02)

    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

     

  6. Proclamation Honoring Student Commissioners Day  (Held over by Olds from 3/12/02)

    From:  Councilmember Worthington

    Recommendation:  Support the proclamation honoring Student Commissioners Day.

    Contact:  Kriss Worthington, District 7, 981-7170

New Business:

  1. Eastshore State Park Draft Plan

    From:  City Manager

    Recommendation:  Set a joint special meeting with the Parks and Recreation Commisison and the Waterfront Commission, sometime prior to April 30th, for the purpose of conducting a local briefing on the Eastshore State Park Project.

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

    a.  Commission Actions on Eastshore State Park – Information Report

    From:  City Manager

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

    b.  Status Report:  Eastshore State Park  (Moved to Action by Olds on 2/5/02 and held over from 2/26/02)

    From:  City Manager

    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

    c.  Active Recreational Uses for the Albany Plateau in the Eastshore State Park General Plan  (Held over by Spring from 2/19/02 and tabled on 2/26/02)

    From:  Councilmembers Hawley and Shirek

    Recommendation:  Ask the City Manager to write a letter of support for the inclusion of active recreational uses on the Albany Plateau as an option in the General Plan for Eastshore State Park.  Our support would include a stipulation that the recreational facilities be developed in keeping with State Park and Recreation guidelines for active recreational uses, and that protection of wildlife habitat should be a primary consideration as plans for the fields are developed.

    Contact:  Miriam Hawley, Councilmember District 5, 981-7155, Maudelle Shirek, Councilmember District 3, 981-7130

     

  2. Grant:  Physical Activity for Older Adults

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $13,917 from the University of California, San Francisco Center for Healthy and Active Aging to fund a formative evaluation project to increase physical activity for older adults in Berkeley for the period February 1, 2002 to January 31, 2003; and to execute the resultant agreement and any amendments.

    Contact:  Fred Medrano, Health and Human Services, 981-5100

    a.  Peace and Justice Commission Report

    Recommendation:  Adopt a Resolution finding that no reasonable alternatives exists under Section 12.90.070 of the Berkeley Municipal Code (BMC), the Nuclear-Free Berkeley Act, for the formative evaluation project to increase physical activity among older adults in Berkeley, and the three-year project to reduce identified health disparities in mortality due to chronic disease by establishing an effective, ongoing physical activity promotion program between the City and University of California, San Francisco Center for Healthy and Active Aging, and approving a waiver of BMC Section 12.90.070.  Contact:  Manuel Hector, Secretary, 981-5110

     

  3. Relocation of Kenney Cottage to the Marina

    From:  Landmarks and Preservation Commission

    Recommendation:  Budget up to $10,000 to allow the Kenney Cottage to be moved from a temporary storage location at the Marina or other suitable location to a site for future  use of the building.

    Contact:  Greg Powell, Secretary, 705-8114

    a.  City Manager

    Recommendation:   Do not approve any funds for relocation of Kenney Cottage to City property since taking on this project will require a substantial financial commitment to rehabilitate the cottage.  Funds are not available for the project.

    Contact:  Carol Barrett, Planning and Development, 705-8102;  Lisa Caronna, Parks and Waterfront, 981-6700

Information Reports

  1. Formal Bid Solicitations and Request for Proposals

    From:  City Manager
    Contact:  Frances David, Finance, 981-7300

     

  2. Landmarks Preservation Commission Notices of Decision:  Approval of the Structural Alteration Permits for:  2071 Addison Street & 2418 California Avenue

    From:  City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8102
     

  3. Landmarks Preservation Commission Notices of Decision:  Designations of 2004-2008 University Avenue and 1102 10th Street as Structures of Merit

    From:  City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8102
     

  4. Work Plan Update – Second Quarter Report

    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

     

  5. Transfer of AT&T Cable Franchise to AT&T Comcast Corporation

    From:  City Manager

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

     

  6. Annual Report:  State of Labor in Berkeley

    From:  Commission on Labor

    Contact:  Delfina Geiken, Secretary, 644-6086, ext. 240

Communications

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

 

Page

  1. Ray Dobard, regarding communication from City Manager

  2. Howie Muir, regarding 2700 San Pablo Avenue

  3. Michele Thomas, regarding Berkeley Folk Festival

  4. Joan M. Torykian, regarding landlord/tenant issues

  5. Lauren Moret, regarding breast cancer

  6. Berkeley Path Wanderers, regarding General Plan Adoption

  7. Ray Dobard, regarding conspiracy to deny equal access

  8. Ray Dobard, regarding enforcement of one hour parking

  9. Howie Muir, regarding population density and growth

Adjournment


City of Berkeley Home / Departments / City Clerk Home / Boards and Commissions /  
City Charter / City Council / BMC / Conflict of Interest / Domestic Partnership / Election Info / Records Online

City of Berkeley Logo

City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.