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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, APRIL 16, 2002

Preliminary Matters

 

Roll Call:   7:15  p.m. -  All present

 

Comments from the City Manager: 
 

The City won the Grand First Prize for the State of California in Economic Development for our Arts District from CALED (California Association of Local Economic Development) at the state conference in San Diego. 
 

This Saturday, April 20th from 11 a.m. to 5 p.m. the City will celebrate Earth Day with a Festival in Civic Center Park in downtown Berkeley at Allston and Martin Luther King Jr. Way near Berkeley BART. The annual Eco-Motion Parade starts at 11am and will wind through downtown Berkeley and arrive at Civic Center Park-all alternative and creative forms of transportation encouraged. Featuring:  cultural performances, Eco-Art area for kids, demonstrations of renewable resources, climbing wall, over 150 booths representing businesses, craftspeople, community organizations, food vendors and government groups and more.
 

Comments from the Public:   11 speakers heard.

 

Comments from Youth:   None.

 

Consent Calendar

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

  1. Confirming Actions Taken by the City Manager During Spring Recess:
    a.
      Contract:  Transportation for Livable Communities Application – San Pablo Avenue

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Community Design + Architecture, increasing the amount by $7,500 and extending term to June 30, 2002, to provide services for preparation of a grant application under the Federal Transportation for Livable Communities (TLC) program for public improvements to San Pablo Avenue.

    Contact:  Weldon Rucker, Economic Development, 981-7000
    Action:  Adopted Resolution No. 61,491–N.S.

    b.  Contract:  Public Art Consultation

    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:  Weldon Rucker, Economic Development, 981-7000

    Action:  Adopted Resolution No. 61,492–N.S.

    c.  Contracts:  Youth Employment Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend contracts with the City of Alameda ($72,000), Berkeley Youth Alternatives ($18,000), and Berkeley Adult School ($8,000) by increasing the amounts as shown, to provide services for the year-round youth employment program for a total not to exceed $218,435;  extending the terms to June 30, 2003; and approving a waiver of Berkeley Municipal Code Section 13.27.040, the Living Wage Ordinance, for the contract with the City of Alameda.

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

    Action:  Adopted Resolution No. 61,493–N.S.

     

  2. 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. 61,494–N.S.

     

  3. Minutes for Approval

    From:  City Manager

    Recommendation:  Approve the minutes for Council meetings of:  a)  March 12, 2002 (closed), b) March 12, 2002 (regular) and c) March 19, 2002 (regular).

    Contact:  Sherry Kelly, City Clerk, 981-6900

    Action:  Approved minutes as revised by Mayor Dean and Councilmember Breland.

     

  4. Contract:  3% at Age 50 Retirement Formula for Police  (first reading 03/12/02 –unanimous)

    From:  City Manager

    Recommendation:  Adopt the second 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

    Action:  Adopted Ordinance No. 6682–N.S.  Effective June 30, 2002.
     

  5. Right Of Entry To Inspect

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 1.16.010 to eliminate the requirement that inspectors must provide 24 hours’ written notice of their intention to inspect to an owner/occupant to make it consistent with current law and practice.

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

    Action:  Removed from Consent Calendar by Mayor Dean and held over to April 23, 2002.

     

  6. Scholtes v. City Of Berkeley, et al.

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 820497-6 entitled Michael E. Scholtes v. City of Berkeley, et al. in the amount of $75,000.

    Contact:  Manuela Albuquerque, City Attorney, 981-6950

    Action:  Adopted Resolution No. 61,495–N.S.

     

  7. Reimbursement of Capital Expenditures Advanced From the Proceeds of Tax Exempt Obligations

    From:  City Manager

    Recommendation:  Adopt a Resolution expressing official intent regarding certain capital expenditures to be reimbursed from proceeds of a tax-exempt obligation.

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

    Action:  Adopted Resolution No. 61,496–N.S.

     

  8. Confidentiality of Taxpayer Information  (CF 75-01)

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance adding Chapter 7.26 to the Berkeley Municipal Code (BMC) to protect all confidential information provided by taxpayers to the City, and repealing Section 9.04.090.

    Contact:  Fran David, Finance, 981-7300

    Action:  Adopted first reading of Ordinance.  Second reading scheduled for April 23, 2002.

     

  9. Rent and Sale Price Calculations for Affordable Housing Developments

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 60,328–N.S the Housing Trust Fund Guidelines to clarify requirements for rents and sale price calculations based on square footage thresholds in affordable housing developments, and further clarify that these requirements also apply to the Inclusionary Housing and Density Bonus Requirements.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,497–N.S.

     

  10. Establish Records Assistant Classification

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 59,798–N.S., Classification and Salary Resolution for Local 790 Employees, to establish the classification of Records Assistant, effective April 16, 2002.

    Contact:  Ron Brown, Human Resources, 981-6800

    Action:  Adopted Resolution No. 61,498–N.S.

     

  11. Initiative Petition Regulating Heights of Buildings

    From:  City Manager

    Recommendation:  Refer to the City Manager a proposed initiative regulating heights of buildings and amending existing provisions of the Title 23 of the Berkeley Municipal Code, the Zoning Ordinance, for a report as to any of the impacts specified in Election Code section 9212.

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

    Action:  Approved recommendation.

     

  12. Grant:  Proposition 12 – Murray-Hayden Urban Youth Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application for the Murray-Hayden Urban Youth Services Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 in an amount not to exceed $3,000,000 for FY 2002 for parks and recreation improvements; authorizing the City Manager to accept the grant and to execute any resultant revenue agreements and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to the grant.

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

    Action:  Adopted Resolution No. 61,499–N.S.

     

  13. Accepting Donation For Memorial Bench In Cesar Chavez Park

    From:  City Manager

    Recommendation:  Adopt a Resolution accepting a cash donation in the amount of $1,200 from Manfred and Hannah H. Schild for a memorial bench to be placed in Cesar Chavez Park at the Marina.

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

    Action:  Adopted Resolution No. 61,500–N.S.

     

  14. Contract:  Virginia-McGee Totland Phase II Renovations

    From:  City Manager

    Recommendation:  Adopt a Resolution approving plans and specifications for the Virginia-McGee Totland Phase II Renovations; accepting the bid of Playgrounds Unlimited; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $103,726, for the period of 180 calendar days from the notice to proceed.

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

    Action:  Adopted Resolution No. 61,501–N.S.

     

  15. Final Map Of Tract 6790

    From:  City Manager

    Recommendation:  Adopt a Resolution approving Final Map of Tract 6790, conversion of an existing seven-unit Tenancy-in-Common (TIC) project at 2626 Benvenue Avenue to seven condominium units in two buildings.

    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Adopted Resolution No. 61,502–N.S.

     

  16. Contracts:  Sewer Condition Assessments

    From:  City Manager

    Recommendation:  Adopt a Resolution: 1) approving specifications for closed circuit (CCTV), pipe condition assessment and other subsurface investigations for sanitary sewer and storm drain systems; and 2) authorizing the City Manager to execute separate contracts and any amendments with E2 Consulting Engineers, Inc. in the amount not to exceed $300,000 and Sanact Inc., d.b.a. Roto Rooter in the amount not to exceed $150,000 for a term through June 30, 2005.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,503–N.S.

     

  17. Contract:  Sanitary Sewer Project

    From:  City Manager

    Recommendation:  Adopt a Resolution: 1)  approving plans and specifications for the Sanitary Sewer Project located at Berryman Street, Henry Street, Oxford Street, Vine Street, Allston Way, McKinley Avenue, Roosevelt Avenue, Jefferson Avenue, Peralta Avenue, Ordway Street, Acton Street, Albina Street and Hopkins Court; 2) accepting the bid of Gold Wing Engineering; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $1,356,090, for the period of 250 calendar days from the notice to proceed.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,504–N.S.

     

  18. Lease Agreement for 1900 Addison Street  (to be delivered)

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a twenty-one month lease agreement and any necessary amendments with Sasha Shamzad for real property located at 1900 Addison Street, in an amount not to exceed $232,115 including monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to house the offices of Youth Works, Police Review Commission, and other personnel and activities as may be required; and approving two additional two-year options to extend the term of the lease.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted first reading of Ordinance.  Second reading scheduled for April 23, 2002.

     

  19. Contract: Traffic Signal At 7th/Grayson

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the plans and specifications the for the Traffic Signal at 7 Street and Grayson Street; rejecting the bid of Dan Electric, and authorizing the City Manager to re-advertise the project and execute a contract with the low responsible bidder, in an amount not to exceed $170,000, for the period of April 16, 2002 to August 30, 2002 and rescinding Resolution No. 61,417-N.S.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,505–N.S.

     

  20. Contract:  Traffic Signal At Oxford/Vine Streets

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the plans and specifications for the Traffic Signal at Oxford Street and Vine Street; accepting the bid of Columbia Electric, and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $45,000, for the period of April 16, 2002 to June 30, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,506-N.S. (Noes – Olds)

     

  21. Contract:  Street Rehabilitation FY 2002 Phase 1

    From:  City Manager

    Recommendation:  Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2002 Phase 1 Project, accepting the bid of Bauman Landscape, Inc. and authorizing the City Manager to execute a contract and any amendments extensions or other change orders in an amount not to exceed $2,188,800, for the period of 120 calendar days from the notice to proceed.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No. 61,507–N.S.

     

  22. Grant:  Berkeley TriP Project

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to file a grant application with the Alameda County Congestion Management Agency for FY03 Transportation for Clean Air (TFCA) funds for a Berkeley TriP Sales and Database Infrastructure Project.

    Contact:  Peter Hillier, Transportation, 981-7063

    Action:  Withdrawn by the City Manager.

     

  23. Contract:  Bicycle Signs

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to enter into a contract with Zumar Industries, Inc. in an amount not to exceed $32,000 for fabricating bicycle signs for designated bicycle boulevards.

    Contact:  Peter Hillier, Transportation, 981-7063

    Action:  Adopted Resolution No. 61,508–N.S.

     

  24. Grant:  Ashby Avenue/Tunnel Road Safety Project

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $127,200 from the State of California Office of Traffic Safety (OTS) for a project with the goal of reducing the number of collisions along the Ashby Avenue/Tunnel Road (SR13) corridor for the period October 1, 2001 to December 31, 2002.

    Contact:  Peter Hillier, Transportation, 981-7063

    Action:  Adopted Resolution No. 61,509–N.S.

     

  25. Budget Referral:  Redevelopment Of Webster/College Street Post Office Island

    From:  Councilmember Armstrong

    Recommendation:  Refer to the budget process a request for $20,000 for the upgrade and redevelopment of the Webster Street post office island.

    Contact:  Polly Armstrong, District 8, 981-7180

    Action:  Approved recommendation.

     

  26. Fee Waiver:  Chocolate and Chalk Art Festival

    From:  Councilmember Hawley

    Recommendation:  Adopt a Resolution co-sponsoring the Chocolate and Chalk Arts Festival to be held on Solano Avenue Memorial Day weekend, May 25-27, 2002 and waiving all fees.

    Contact:  Miriam Hawley, Councilmember District 5, 981-7155

    Action:  Adopted Resolution No. 61,510–N.S. as revised by Councilmember Hawley to co-sponsor the Festival.

     

  27. Support for SB 1509: Compensation to Local Government for Lost Property Taxes Due to Affordable Housing Tax Exemptions

    From:  Mayor Dean

    Recommendation:  1)  Support SB 1509 (Dunn) that compensates cities for property tax revenues lost due to affordable housing tax exemption, effective for such properties put into service after January 1, 2003.  The compensation will be realized by reducing the amount of ad valorem local property taxes redistributed from cities to counties for education purposes by means of ERAF, the Educational Revenue Augmentation Fund; 2) Request the City Clerk notify the bill sponsor and our legislative representatives and lobbyist; and 3) Request the City Clerk forward this item to the councils of neighboring communities with a request that these councils consider similar action.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  28. Fee Waiver: Prader-Willi Syndrome Walk-Along Fund Raising Event

    From:  Councilmember Hawley

    Recommendation:  Adopt a Resolution waiving all fees for the Prader-Willi Syndrome Walk-Along event to be held at the Berkeley Marina, April 20, 2002 from 10:00 a.m. to 1:00 p.m.

    Contact:  Miriam Hawley, District 5,  981-7150

    Action:  Adopted Resolution No. 61,511–N.S.

  29. Charter Amendment Changing the Effective Date of Redistricting

    From:  Mayor Dean

    Recommendation:  Request the City Manager develop a charter amendment which would provide for redistricting two years after the decennial Census, with elections from the new districts to be held a the next general election following this revised redistricting process.  This amendment should be placed on the November 2002 ballot to be effective at the next round of redistricting.  The change would not effect current redistricting.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Removed from Consent Calendar by Councilmember Maio and held over to April 23, 2002.

     

  30. Explore City/Redevelopment Agency Acquisition of Southern Pacific Station

    From:  Mayor Dean

    Recommendation:  Request the City Manager explore City or Redevelopment Agency acquisition of the old Southern Pacific Station, 700 University Avenue, for conversion back to a train station which would include the operation of a restaurant within the station, and to take all actions as necessary to secure and re-direct grants and other funding sources for the purpose of establishing a train station at this location.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation, as amended by Mayor Dean to also include a referral of Mr. Korman’s letters to the City Manager.

     

  31. Further Actions in American for National Parks Campaign

    From:  Mayor Dean

    Recommendation:  Sign on to the attached letters to Congress supporting increased funding for California’s national parks and ask the City Clerk to forward the letters as indicated.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  32. Fee Waiver: People’s Park 33rd Anniversary

    From:  Councilmember Worthington

    Recommendation:  Adopt a Resolution waiving all fees, including fees for event, food, sound permits, and insurance fees associated with the People’s Park 33rd Anniversary Street Fair and Concert on Sunday, April 28th and allow an exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Telegraph Avenue advertising this event.  Also that Council approve the City’s provision of the following in-kind services for the People’s Park 33rd Anniversary:  4 portable toilets provided by Public Works, assistance from Public Works in hanging of banners, dumpster and Solid Waste Services, and traffic signage and traffic engineering for the closure of Haste (between Bodwitch and Dana).

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Adopted Resolution No. 61,512-N.S. as amended by Councilmember Worthington to delete the hanging of banners.

     

  33. Proclamation Honoring Meiklejohn Civil Liberties Institute Day in Berkeley

    From:  Councilmember Worthington

    Recommendation:  Support proclamation honoring Meiklejohn Civil Liberties Institute Day in Berkeley.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Approved recommendation.

     

  34. Changing 24 Hour Advance Notice for Construction Tow Away Zones to 72 Hour Notice

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager and Transportation Commission changing 24-hour advance notice for construction tow away zones to a 72-hour notice.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Approved recommendation.

     

  35. BOSS’s Urban Gardening Institute Organic Nursery, Food Gardens and Outdoor Community Classroom

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager BOSS’s Urban Gardening Institute Organic Nursery, Food Gardens and Outdoor Community Classroom.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Approved recommendation.

     

  36. Willard Neighborhood Safe Routes to School Grant Implementation

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager to establish an inclusive community process to finalize plans for the Willard Neighborhood Safe Routes to School grant implementation and the effects on the neighborhood, traffic, bike route and safety.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Removed from Consent Calendar by Councilmember Armstrong and held over to April 23, 2002.

     

  37. Proclamation for Earth Day April 22, 2002 

    From:  Mayor Dean

    Recommendation:  Approve proclamation to be issued in honor of Earth Day, April 22, 2002.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  38. Tree Free Paper

    From:  Councilmember Maio

    Recommendation:  Direct the City Manager to look into the possibility of using Tree Free Paper.

    Contact:  Linda Maio, District 1, 981-7110

    Action:  Approved recommendation.

     

  39. Establishment of a National Housing Trust Fund

    From:  Councilmember Maio

    Recommendation:  Support the establishment of a National Housing Trust fund and direct the City Manager to send letters to Congresswoman Barbara Lee, Senator Diane Feinstein, and Senator Barbara Boxer urging them to do the same.

    Contact:  Linda Maio, District 1, 981-7110

    Action:  Approved recommendation.

     

  40. Location of the New Alameda County Juvenile Justice Facility and Funding for Supportive Programs for Families and Youth

    From:  Councilmembers Maio, Shirek, and Hawley

    Recommendation:  Urge Alameda County to locate the new Juvenile Justice facility in northern Alameda County and to emphasize supportive programs for youth who are incarcerated and their families.  Also urge the County to base the number of beds needed on sound research and the demonstrated success of supportive and diversionary programs in other counties.

    Contact:  Linda Maio, District 1, 981-7110; Maudelle Shirek, District 3, 981-7130, Mim Hawley, District 5, 981-7150

    Action:  Removed from Consent Calendar by Councilmember Hawley and held over to April 23, 2002.

     

  41. Fee Waiver:  Tibet Heritage Day

    From:  Councilmember Worthington

    Recommendation:  Adopt a Resolution waiving fees for use of the auditorium and chairs in the Veterans Building for Tibet Heritage Day, on Saturday, April 20th, 6:30 to 9:30 p.m.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Withdrawn by Councilmember Worthington.

     

  42. Vandalized Berkeley Hillel and Other Incidents Aimed at the Jewish Community

    From:  Councilmember Worthington

    Recommendation:  Follow up on our designation of Berkeley as a hate free zone by bringing together representatives of different groups and individuals that have been the target of hate actions in Berkeley, in a city sponsored public event embracing all the affected communities.

    Contact:  Kriss Worthington, District 7, 981-7170

    Action:  Removed from Consent Calendar by Councilmember Armstrong and held over to April 23, 2002.

     

  43. Assisting Afghan Victims of the Devastating Earthquakes

    From:  Councilmember Spring

    Recommendation:  Adopt a Resolution granting $3000 to assist the Afghanistan victims of the devastating earthquakes; and request the City Manager to give City employees information on this opportunity to donate to the relief efforts.

    Contact:  Dona Spring, District 4, 981-7140

    Action:  Removed from Consent Calendar by Councilmember Breland and held over to April 23, 2002.
     

  44. Anti-Graffiti Ordinance

    From:  Councilmember Hawley

    Recommendation:  Request that the City Manager draft an Ordinance that will enable the City to establish an effective graffiti abatement program for both private and public properties.

    Contact:  Miriam Hawley, District 5,  981-7150

    Action:  Removed from Consent Calendar by Councilmember Olds and held over to April 23, 2002.

     

  45. Prompt Removal of Hate Graffiti 

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  Establish and enforce a policy that all hate graffiti reported to any City department by any source will be removed within 24 hours.

    Contact:  Shirley Dean, Mayor, 981-7100, Betty Olds, District 6, 981-7160

    Action:  Removed from Consent Calendar by Councilmember Olds and held over to April 23, 2002.

     

  46. Support for New Auto Related Uses on University Avenue Contingent on a Public Hearing

    From:  Councilmember Spring

    Recommendation:  Support allowing new auto related uses on University Avenue with the requirement that all new auto related uses are subject to a public hearing before approval or disapproval.

    Contact:  Dona Spring, District 4, 981-7140

    Action:  Removed from Consent Calendar by Councilmember Hawley and held over to April 23, 2002.

     

  47. Policy on Zoning Project Notices

    From:  Councilmember Spring

    Recommendation:  Adopt a policy that the Zoning Officer include, as a matter of course in both the notice and the summary that appear on Zoning Adjustments Board agendas: 1) the total lot-size of the project site, in square feet; 2) the number of affordable units, and the depth of their affordability, as well as a brief reference to how that number accords with the requirements of the Berkeley Municipal Code (BMC) Title 23, section 23C.12.030; 3) the total number of dwelling units in the project, or square feet of gross floor area for non-residential projects; 4) the maximum residential density for the project-site; 5) the total square footage of any commercial or other non-residential area of the project; 6) the total number of floors of the project; and 7) the average and maximum height of the project.

    Contact:  Dona Spring, District 4, 981-7140

    Action:  Removed from Consent Calendar by Councilmember Armstrong and held over to April 23, 2002.

     

  48. Endorsement of Old-Growth Tree Preservation Initiative Statute

    From:  Councilmember Spring

    Recommendation:  Adopt a Resolution endorsing the recommendation and endorsement from the Peace and Justice Commission of the Old Growth Tree Preservation State Initiative and direct the City Clerk to inform Citizens Campaign for Old-Growth Preservation by fax and mail.

    Contact:   Dona Spring, District 4, 981-7140

    Action:  Adopted Resolution No. 61,513–N.S. as revised.

     

  49. Endorsement of “The Act to Leave No Child Behind”

    From:  Commission on Early Childhood Education

    Recommendation:  Adopt a Resolution endorsing S 940/H.R. 1990 “The Act to Leave No Child Behind” and urging Senator Dianne Feinstein and Senator Barbara Boxer to become co-sponsors.

    Contact:  Gene Biggins, Secretary, 981-5425

    a.  City Manager

    Recommendation:  The City Manager concurs with the content and recommendation of the Commission’s Report.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,514–N.S.

     

  50. Appointments:  Mental Health Commission

    From:  Mental Health Commission

    Recommendation:  Adopt a Resolution appointing Katherine DeRaadt to the Mental Health Commission, General Public Interest Category, and re-appointing Susan Isles to the Mental Health Commission, Special Public Interest Category for three-year terms ending April 23, 2005.

    Contact:  Harvey Tureck, Secretary, 981-5213

    a.  City Manager

    Recommendation:  The City Manager concurs with the content and recommendation of the Commission.

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

    Action:  Adopted Resolution No. 61,515–N.S.

     

  51. Bay Area Shakespeare Festival Camp

    From:  Parks and Recreation Commission

    Recommendation:  Adopt a Resolution waiving all fees for the use of the John Hinkel Park Amphitheatre by the Bay Area Shakespeare Camp for the following dates: June 17 through June 28, 2002; July 15 through July 26, 2002; July 29 through August 9, 2002; and August 12 through August 23, 2002 in exchange for up to three low-income scholarships for each session.

    Contact:  Jay Kelekian, Secretary, 981-6707

    a.  City Manager

    Recommendation:  The City Manager concurs with the Commission’s recommendation.

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

    Action:  Adopted Resolution No. 61,516–N.S.
     

  52. Free Speech And Civil Liberties   (CF# 17-02)

    From:  Peace and Justice Commission

    Recommendation:  Send a letter to President George W. Bush concerning infringements on the First Amendment, which have occurred since September 11, 2001; and send copies of the letter to Representative Barbara Lee, Senators Barbara Boxer and Diane Feinstein, American Civil Liberties Union and select media executives.

    Contact:  Manuel Hector, Secretary, 981-5110

    a.  City Manager

    Recommendation:  The City Manager concurs with the content and recommendations of the Commission.

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

    Action:  Approved recommendation. (Noes – Olds; Abstain – Armstrong)

Public Hearings

  1. Revocation of Use Permit #7263 – Tune Up Masters – 1698 University Avenue  (Public Hearing continued from 3/19/02)

    From:  City Manager  (See March 19 agenda for report)

    Recommendation:  Continue the public hearing and upon conclusion, adopt a Resolution to revoke the 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.  City Manager Supplemental Report  (to be delivered)

    b.  Communications  (See March 19 agenda for report)

    1. Carol Jenkins and Anthony Guarnieri

    2. Dr. Meredith Sabini

    3. Robert Zweben, legal counsel for TuneUp Masters, dated 3/13/02

    4. Petition to Revoke Use Permit #7263

    5. Robert Zweben, legal counsel for TuneUp Masters, dated 3/21/02

    6. Michael Popso

    7. Robin Kibby

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

    Public Testimony:  The Mayor opened the public hearing.   13  speakers.  Moved, seconded, carried (Olds/Maio; Absent - Armstrong) to close the public hearing.

     

    Actions:  Moved, seconded, carried (Breland/Olds; Abstain – Spring, Dean; Absent – Armstrong) to schedule a closed session to discuss possible litigation.

     

  2. Funding Recommendations For The FY 2002-2003 Community Development (CDBG) Program And Emergency Shelter Grant (ESG) Programs

    From:  City Manager

    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution 1) approving the City Managers final funding recommendations and budgets for the CDBG and ESG Programs; 2) authorizing the City Manager to execute contracts with agencies receiving funding and make two-month advance payments to those agencies; 3) allocating $116,600 in Federal HOME monies to administer the HOME Program and placing $1,049,400 into the Housing Trust Fund; and 4) authorizing the City Manager to finalize and submit the attached 2002 Annual Action Plan of the 5-year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), which includes the applications for CDBG, ESG, and HOME Program funding, and to execute the resultant agreements.

    Contact:  Stephen Barton, Housing, 981-5400

    a.  Funding Recommendations For The FY 2002-2003 Community Development Block Grant (CDBG) Program And Emergency Shelter Grant (ESG) Program

    From:  Housing Advisory Commission

    Recommendation:  Approve the Housing Advisory Commission (HAC) funding recommendations for the FY 2002-2003 CDBG and ESG Program as contained in Exhibit 1 of the resolution contained in the City Manager’s Council report on the same subject.

    Contact:  Oscar Sung, Secretary, 981-5410

    Public Testimony:  The Mayor opened the public hearing.   26 speakers.  Moved, seconded, carried (Maio/Worthington; Absent - Armstrong) to close the public hearing.

     

    Action:  Held over to April 23, 2002 for a decision.

     

  3. Extend Residential Permit Parking

    From:  City Manager

    Recommendation:  Conduct a public hearing and, upon conclusion, adopt a Resolution amending Section 25M of Resolution No. 56,508–N.S. by adding a subsection to extend residential permit parking on both sides of Prince Street between Shattuck Avenue and Wheeler Street  and authorizing $300 to cover implementation costs.

    Contact:  Peter Hillier, Transportation, 981-7063

    a.  Communications

    1. Annemarie Heineman and Neil Doherty

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

     

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

     

    Actions:  Moved, seconded, carried (Maio/Worthington; Absent - Armstrong) to adopt Resolution No. 61,517-N.S.

     

  4. Regulating Sidewalk Vending Of Food And Food Products  (CF 178-01)

    From:  City Manager

    Recommendation:  Conduct a public hearing on establishing food vending fees, and waive the rules in order to take action on the same night; and adopt first reading of an Ordinance repealing and reenacting Chapter 9.49 of the Berkeley Municipal Code regulating Food Vending on Sidewalks and Rights-of-Way; and adopt a Resolution establishing food vending licensing fees, effective concurrently with the effective date of the ordinance.

    Contact:  Fran David, Finance, 981-7300

    Public Testimony:  The Mayor opened the public hearing.    4 speakers.  Moved, seconded, carried (Olds/Worthington; Absent - Armstrong) to continue the public hearing to May 21, 2002.

Information Reports

  1. Bid Solicitations and Request For Proposals

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

    Action:  Received and Filed.

     

  2. Consular ID Cards as Official Identification  (CF 11-02)

    From:  City Manager

    Contact:  D.E. Butler, Police, 981-5700

    Action:  Received and Filed.

     

  3. Bay Conservation and Development Commission:  Report No. 1 Potrero Power Plant Expansion

    From:  Mayor Dean

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Received and Filed.

     

  4. Flag Pole at Aquatic Park  (CF 52-00)

    From:  Parks and Recreation Commission

    Contact:  Jay Kelekian, Secretary, 981-6707

    Action:  Received and Filed.

Communications

 

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

  1. Ray Dobard, regarding meeting of March 12, 2002  (two letters)

  2. Ray Dobard, regarding meeting of March 19, 2002

  3. Ray Dobard, regarding captioning services   Worthington

  4. Tim Hansen, regarding First Presbyterian Church   Spring

  5. Karen Ackerman, regarding ramps at Transbay Terminal

  6. Steve Douglas, regarding 911 Fresno Street

  7. Regarding the General Plan:

    1. Kathy Labriola

    2. Howie Muir, nine (9) letters

    3. Mark Wieder

    4. David Ruegg

    5. ecology center

    6. Merrilie Mitchell

    7. John Cecil, Claremont-Elmwood Neighborhood Association   Armstrong

  8. Patrick Kennedy, regarding Section 8 housing

  9. Regarding November ballot measures

    1. Kathy Labriola

    2. Julia Cato

  10. Jason Meggs, regarding a prior communication to council

  11. Arlynne Camire, regarding traffic diversion plan for March 23, 2002

  12. Margaret Elliott, regarding 2700 San Pablo Avenue

  13. Maris Arnold, regarding 25 mph speed limit

  14. Sam Herbert, regarding police coverage in the Russell/McGee area   Worthington, Maio

  15. Byron Onisko, regarding Brothers Liquors resolution   Maio

  16. Regarding Berkeley Speakers Lecture Series   Armstrong, Maio

    1. Bannus Hudson

    2. David Weitzman

  17. Regarding Creeks Ordinance   Worthington

    1. Valerie Bach and Jim Cassell

    2. Juliet Lamont and Phil Price

    3. Carole Norris & Alan Kay

    4. Alan Gould

  18. Shahnaz Mazandarani, Executive Director, A Better Way regarding grants   Breland

  19. Paul Koretz, Assemblymember District 42, regarding AB2242/Minimum Wage Indexing

  20. Regarding National Tritium Labeling Facility

    1. David Shaw, Lawrence Berkeley National Laboratory

    2. Horace Mitchell, University of California Berkeley

    3. James A. Turi, Department of Energy

  21. Robert Godes, regarding Alta Bates Medical Center and the nearby park

  22. Gail Keleman, regarding attacks on Jews   Hawley

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

Regarding:

Item 3.        Minutes for Approval

  1. Revised Item #24 from March 12, 2002 requested by Mayor Dean

     

    Item 11.      Initiative Petition Regulating Heights of Buildings

  2. Howie Muir

     

    Item 26.      Fee Waiver:  Chocolate and Chalk Art Festival

  3. Revised report from Councilmember Hawley

     

    Item 30.      Explore City/Redevelopment Agency Acquisition of Southern Pacific Station

  4. Michael Korman (two letters)  Maio, Worthingtion

  5. Richard Silver, Executive Director, Rail Passenger Assoc. of California

  6. Jamie Cope

  7. Eric McCaughrin

  8. David Mays

  9. Matthew Brundjar

  10. Michael Arent

     

    Item 47.   Policy on Zoning Project Notices

  11. Howie Muir

     

    Item 48.      Endorsement of Old-Growth Tree Preservation Initiative Statute

  12. Revised Resolution from Councilmember Spring

     

    Item 53.      Revocation of Use Permit #7263 – Tune up Masters – 1698 University Avenue

  13. Leuren Moret

  14. Michael Popso

  15. Brian Hendershot, President/CFO, TuneUp Masters

  16. Joseph Baldwin, Asst. Division Manager, TuneUp Masters

  17. John Ledford, Vice President Controller, TuneUp Masters

     

    Item 56.      Regulating Sidewalk Vending of Food and Food Products

  18. Andy Ross, President, Telegraph Avenue Business Improvement District

  19. Emily B. Longfellow, on behalf of Munger Properties

Adjournment

 

Actions:  Moved, seconded, carried (Hawley/Worthington; Absent - Armstrong) to extend the meeting beyond 11:00 p.m. to complete specific agenda items.

 

Adjourned at 11: 59 p.m.


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