Regular Meeting eAgenda
December 10, 2002

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, DECEMBER 10, 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.

Recognition and Swearing-In of City Auditor, Mayor, Councilmembers Districts 1, 4, 7 and 8

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.

Comments from Youth:  A total of 15 minutes is designated to allow youth an opportunity to address the Council.  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 taken up after the “Action Calendar” unless the Council reorders the agenda.

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

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

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

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

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

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

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

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

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

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

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

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

13.  Contract:  2450 Ashby Avenue – Environmental Review and Monitoring Program for Alta Bates Medical Center (PDF, 195 KB)

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

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

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

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

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

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

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

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

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

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

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

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 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)

Recommendation:  1) Adopt a Resolution affirming the decision of the Zoning Adjustments Board, based on the attached record and findings and conditions, to approve the projects at 2508 and 2514 Benvenue Avenue – (Project 1 – Use Permit 01-10000075) and remanding the decision of the Landmarks Preservation Commission to designate the existing buildings at 2514 and 2516 Benvenue Avenue as Structures of Merit, with directions to vacate that designation due to the effect of Government Code Section 37361; and  2) Adopt a Resolution affirming the decision of the Zoning Adjustments Board, based on the attached record and findings and conditions, to approve the project at 2500 Benvenue Avenue (Project 2 – Use Permit 02-10000021) to allow the renovation and reconfiguration of an existing apartment building and add 12 new units.

Contact:  Carol Barrett, Planning, 981-7400

b.   Appeals

1.   Sharon Husdon–2508 and 2514 Benvenue Avenue–Use Permit 01-10000075 (ZAB) (PDF, 1.9 MB)

2.   American Baptist Seminary of the West–2514 and 2516 Benvenue Avenue (LPC) (PDF, 6.2 MB)

3.   Sharon Hudson–2500 Benvenue Avenue–Use Permit 02-10000021 (ZAB) (PDF, 2.1 MB)

c.   Communications (PDF, 2.8 MB)

1.      Bjorn Poonen

2.      Ron Weaver

3.      Ian and April McDonald

4.      Anand Kulkarni

5.      Joseph Stubbs

6.      David Levy

7.      Sharon Hudson

8.      Dianne Ayres

9.      Tuan Nguyen

10.  Carl Boe

11.  John English

12.  Paul Vojta

13.  Elinor Roberts

14.  Michelle Pellegrin

15.  First supplement submitted by Sharon Hudson dated December 2, 2002

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 – Public Hearings

26.  Downtown Berkeley Business Improvement District (PDF, 505 KB)

From:  City Manager

Recommendation:  Conduct a public hearing, and upon conclusion: 1) adopt a Resolution confirming the Year 2003 Annual Report of the Downtown Business Improvement District (BID), thereby levying an annual assessment for the Downtown BID for calendar year 2003; and 2) adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $223,000 of Downtown BID funds to support downtown revitalization.

Contact:  Tom Myers, Economic Development, 981-7530


Action Calendar – New Business

27.  Implementation Actions for 3000 Shasta Road – Hill Fire Station

a.   From:  City Manager (PDF, 3.4 MB)

Recommendation:   1) Adopt a Resolution concerning environmental review of Hill Fire Station implementing actions; 2) Adopt first reading of an Ordinance conveying the Virginia Street right of way west of frontage road to the East Bay Regional Parks District (EBRPD) and accepting Shasta Road from Grizzly Peak Boulevard to the City boundary; 3) Adopt first reading of an Ordinance for the purchase of land from the East Bay Municipal Utility District (EBMUD) along Shasta Road for the purpose of constructing a fire station; 4) Place on Consent Calendar for December 17, 2002  adoption of a Resolution approving a joint financing agreement with (EBRPD); and 5) Place on Consent Calendar for December 17, 2002  adoption of  a Resolution approving contract and any amendments with Marcy Li Wong Architects, to provide phase II of architectural and engineering services for the Hills Fire Station, and for retrofit of the existing No. 7 Fire Station, in an amount not to exceed $478,500 for all services and reimbursable expenses for the period December 1, 2002 until December 31, 2004.

Contact:  Rene Cardinaux, Public Works, 981-6300

b.      From:  City Manager  (Supplemental Report) (PDF, 183 KB)

Contact:  John Rosenbrock, Capital Projects, 981-6331/Rene Cardinaux, Public Works, 981-6300

28.  1947 Center Street–City Acquisition (PDF, 1.1 MB)

From:  City Manager

Recommendation:  1) Adopt the first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property located at 1947 Center Street from Gerson Baker Partnership et al. for an amount not to exceed $18,510,000, including closing costs; and (2) adopt a Resolution declaring the City’s intention to reimburse expenditures from the proceeds of obligations to be issued by the City.

Contact:  John Rosenbrock, Capital Projects, 981-6331

29.  Council Rules of Procedure and Creation of a Rules Committee and Appointment of Members (PDF, 3.9 MB)

From:  Mayor Bates

Recommendation:   1) Adopt a Resolution amending the Council Rules of Procedure in order to create a Rules Committee to better manage the Council agenda and make other changes; and 2) appoint Mayor Bates, and Councilmembers Hawley and Maio to the Rules Committee.

Contact:  Tom Bates, Mayor 981-7100


Information Reports

30.  Status Report on Skate Park (PDF, 323 KB)

From:  City Manager

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

31.  Update on Pollution Prevention Activities  (CF 190-01) (PDF, 1.5 MB)

From:  City Manager

Contact:  Fred Medrano, Health and Human Services, 981-5100/Rene Cardinaux, Public Works, 981-6300

32.  Landmarks Preservation Commission Notice of Decision: Approval of the Structural Alteration Permit for 3332 Adeline Street (PDF, 796 KB)

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

33.  Landmarks Preservation Commission Notice of Decision: Approval of the Structural Alteration Permit for 1300-1310 University Avenue (PDF, 2 MB)

From:  City Manager

Contact:  Carol Barrett, Planning, 981-7400

34.  Disability Training for Berkeley Police Department Officer (PDF, 2.6 MB)

From:  Police Review Commission

Barbara Attard, Secretary, 981-4960


Communications (PDF, 4 KB)

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

Peace Event Involving Children

1.      Valerie Sessions

Falun Gong Support

2.      Wei Zou

Bed and Breakfast Operators

3.      Mary Harrow, Ann Hannah-Roy, Helen Christensen, and Mort Cohn

Board/Commission Functions and Membership

4.      Nancy Bickel

West Berkeley Project Area Commission

5.      Cathy Brown

California Conference of Local Health Officers

6.      Eileen Eastman

Locomotive Horn Noise

7.      Wayne Horiuchi

University Boulevard Antenna

8.      Leonard Schwartzburd

Telegraph Shopping District

9.      Rachel Rupert

Property Abatement: 1616 Harmon Street

10.  Arthur Boone

Hills Fire Station–3000 Shasta Road

11.  Clifford Fred

12.  Louise Larson

13.  Annie-May de Bresson

14.  Vonnie Gurgin

15.  John and Janette Dang

16.  Genevieve Dreyfus

Neighborhood Approval of Traffic Calming Measures

17.  Hank Resnik

Scouts’ Rights

18.  Anne Marselis

Thank You to City Council

19.  Joel Prudhomme

Russell Street Sign

20.  Eric Blossom


Adjournment