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SUMMARY BERKELEY CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 17, 2000 Preliminary Matters Roll
Call: 7:10 p.m.
Councilmember Woolley absent. Ceremonial: Proclamation - Domestic Violence Awareness MonthAction:
Presented Proclamation. Comments
from the City Manager :
Comments
from the Public:
Eleven speakers. Consent Calendar Action:
Moved,
seconded, carried (Shirek/Armstrong; Absent - Woolley) to approve the
Consent Calendar in one motion except as indicated. 1.
Contract: Citizens
Issues Tracking System
From: City Manager Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an agreement and any amendments
with JPH International for an amount not to exceed $121,500 for the
purchase and installation of a citizens issues tracking system and five
years of annual maintenance support. Contact:
Weldon Rucker, Acting City Manager, 644-6580
Action: Adopted
Resolution No. 60,799-N.S. 2.
Adeline Corridor Pedestrian and Bicycle Improvements
From: City Manager Recommendation:
Adopt a Resolution
approving plans and specifications for Adeline Corridor Pedestrian and
Bicycle Improvements; accepting the bid of Bay Construction Co.; and
authorizing the City Manager to execute a contract and any amendments in
an amount not to exceed $1,200,000, for a period from October 23, 2000
through May 1, 2001. Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution
No. 60,800-N.S. 3.
Increase City Manager Bid and Expenditure Authority
From: City Manager Recommendation:
Adopt
a Resolution increasing the expenditure authority for the City Manager by
$1,000,000 to a total amount not to exceed $21,000,000 for the design and
construction of the physical improvements and any incidental equipment and
services related to the seismic upgrade and renovation of the Martin
Luther King Jr. Civic Center Building. Action:
Removed from the
Consent Calendar by Councilmember Spring and held over to October 24,
2000. 4.
Contract: Sather
Gate Garage Revenue and Access Control Systems
From: City Manager Recommendation:
Adopt
a Resolution approving the plans and specifications for the Sather Gate
Garage revenue and access control systems at 2450 Durant Avenue; accepting
the bid of William D. White Company, Inc.; authorizing the City Manager to
execute a contract and any amendments for an amount not to exceed
$318,309; and appropriating $76,000 in additional funding from available
Off-Street Parking Fund retained earnings for this contract. Contact: Rene
Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution
No. 60,801-N.S. 5.
New Building Codes
From: City Manager Recommendation:
Adopt
the following: 1) first
reading of an Ordinance repealing the Berkeley Building, Electrical,
Mechanical and Plumbing Codes and related procedural provisions in BMC
Chapters 19.28, 19.30, 19.32 and 19.36 (Ordinance No. 6312-N.S.) and
adopting new BMC Chapters 19.28, 19.30, 19.32 and 19.36 and procedural
provisions; 2) first reading of two Ordinances enacting new BMC Chapter
19.76, Regulating the Moving of Buildings, and Chapter 19.80, Minimum
Security in the City of Berkeley; and 3) a Resolution setting forth
findings of local conditions that require more stringent regulations than
those provided by the 1998 California Building Code.
Contact:
Wendy Cosin, Planning and Development, 705-8108 Action:
Removed from the
Consent Calendar by Mayor Dean and held over to October 24, 2000. 6.
Donation to Berkeley Rose Garden in Memory of Philip M. Evans
From: City Manager Recommendation:
Adopt a Resolution
acknowledging the generosity of Philip W. Evans and accept his donations,
through Berkeley Partners for Parks, of up to $25,000 for improvements at
the Berkeley Rose Garden made in the memory of his father, Philip M.
Evans. Action:
Adopted Resolution
No. 60,802-N.S. 7. Berkeley Way Mini-Park Renovations
From: City Manager Recommendation: Adopt a Resolution 1) approving plans and specifications for the Berkeley Way Mini-Park Renovations; 2) accepting the bid of Playgrounds Unlimited; 3) authorizing the City Manager to execute a contract and any amendments for a period of 120 calendar days, in an amount not to exceed $184,000. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222
Action:
Adopted Resolution
No. 60,803-N.S. 8. Voluntary Elimination of ATM Fees
From: Councilmember
Armstrong Recommendation: Request the City Manager send a letter to Washington Mutual on behalf of the City congratulating them on their voluntary elimination of ATM fees for non-Washington Mutual customers. Contact: Polly Armstrong, Councilmember District 8, 644-6401 Action: Approved recommendation. 9.
Civic Center Parking
From: Mayor Dean Recommendation: Immediately take the following actions: 1) formally recognize that a daytime Civic Center parking problem exists; 2) direct the City Manager regard this as a priority matter and move expeditiously to solve this problem; 3) involve as partners in resolving the problem: City employees (Police, Fire, Locals 1, 535 and 790 and unrepresented), Berkeley Unified School District, Court, Downtown Business Association, and Vista College; 4) quantify the needs of all the partners, but recognize that parking for City employees is our priority, and survey all existing spaces that can be in place when the move back to 2180 is completed; 5) actively and immediately pursue whether the current opportunity represented by development proposals involving ground floor retail, parking and offices for the property adjacent to Center Street Garage is a viable option and recognize that any parking must take into account employees that work late night shifts; 6) evaluate the provision of City employee parking at Center Street Garage and what the impact would be on the Downtown from the reduction of available daytime parking spaces and recognize that any parking must take into account employees that work late night shifts; 7) determine whether a joint City/BUSD/Courts/Vista College satellite parking facility with frequent shuttle service is a viable option and recognize that any parking must take into account employees that work late night shifts; and 8) report back to the Council on a regular basis until a plan is developed. Contact: Shirley Dean, Mayor, 644-6484 Action: Removed from the Consent Calendar by Councilmember Worthington and held over to October 24, 2000. 10.
Immediate Ban on Use of MTBE Additive
From: Mayor Dean Recommendation: Approve and request the City Clerk: 1) send a letter to Governor Davis asking that he implement an executive order completely banning the use of MTBE in gasoline, effective within 90 days, or in the shortest time necessary for the rapid retooling of the gasoline refineries; 2) send a letter to the federal Environmental Protection Agency (EPA) asking them to approve California's current request for oxygenate-free gasoline that meets federal clean air standards; 3) send a letter to U.S. Senator Bob Smith supporting SB2962 which would eliminate the use of MTBE nationwide; and 4) send copies of the forgoing letters to Senator Diane Feinstein (who is actively interested in this problem), the Sierra Club, the State Energy Commission, the federal Environmental Protection Agency, U.S. Senator Bob Smith, and our representatives and lobbyists in Sacramento and Washington. Contact: Shirley Dean, Mayor, 644-6484 Action: Approved recommendation. 11. Pedestrian Crossing at Hearst and Martin Luther King Jr. Way
From: Mayor Dean Recommendation: The City Manager, in consultation with the Transportation Commission, evaluate and report back to the Council within 45 days regarding the pedestrian crossing situation adjacent to the North Berkeley Senior Center (Hearst and Martin Luther King Jr. Way), to determine if there is ample time allowed for the elderly residents who patronize this facility to safely cross this busy intersection; and to consider not only the timing of these traffic signals but also the installation of countdown pedestrian crossing signals at this intersection and at intersections adjacent to the West Berkeley and South Berkeley Senior Centers. Contact: Shirley Dean, Mayor, 644-6484 Action: Removed from the Consent Calendar by Councilmember Spring and held over to October 24, 2000. 12.
Update on Request for Signs
From: Councilmember
Spring Recommendation: Request the City Manager place the new signs previously ordered which say "vehicular traffic must stop for pedestrians in the crosswalk" at dangerous intersections for pedestrians; such as Martin Luther King Jr. Way and Addison, Shattuck and Russell, and Ashby and Piedmont. Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Approved recommendation. 13.
Webmail
From: Councilmember
Spring Recommendation: Request the City Manager come back with a plan within three months to improve access to the City's email network over the internet. Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Approved recommendation.
14.
Needle Exchange Emergency Distribution
From: Councilmembers
Worthington and Maio Recommendation:
Refer the Needle
Exchange Emergency Distribution (NEED) letter of request to the City
Manager regarding budget adjustments and concerns Action: Approved recommendation. 15.
Waive Fees: Fundraiser for Elizabeth Glaser Pediatric Aids
Foundation
From: Councilmember
Worthington Recommendation:
Adopt a Resolution
supporting the fundraiser for the Elizabeth Glaser Pediatric AIDS
Foundation sponsored by the Interfraternity Council (IFC), the College
Panhellenic Association (Panhellenic), and the National Pan-Hellenic
Council (NPHC) and provide a dumpster and two portable toilets, and waive
all applicable permits and fees on November 11, 2000 from 11:00 a.m. to
4:00 p.m.
Action: Adopted
Resolution No. 60,804-N.S. 16.
Final Scoping Report on LBNL's Radioactive Emissions and
Environmental Data
From: Councilmembers
Worthington and Spring Recommendation:
Request the
contractor, IFEU (Institute fur Energie - und Unweldforschung Heidelberg
GmbH) to make a presentation of its Draft Final Scoping Report on LBNL's
past and present radioactive emissions and environmental data at a
community workshop sponsored by the City at the North Berkeley Senior
Center, three to six weeks from submission of IFEU's Draft Final Scoping
Report and adopt a Resolution amending the contract to include a new
timeline. Action: Removed from the Consent Calendar by Councilmember Armstrong and held over to October 24, 2000. 17.
Traffic Control on Lower Cedar Street
From: Councilmember
Maio Recommendation:
Forward to the
Traffic Engineer and the Transportation Commission the need for traffic
control measures that would reduce speeding and congestion on Cedar Street
between San Pablo and 6th Streets. Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Approved recommendation. 18.
Moratorium on Fast Food Restaurants on San Pablo Avenue
From: Councilmember
Breland Recommendation:
Adopt a Resolution
placing a six month moratorium on all fast food restaurants on San Pablo
Avenue. Contact:
Margaret Breland, Councilmember District 2, 644-6400 Action:
Approved
recommendation as revised by Councilmembers Breland and Maio to refer to
the Planning Commission a request to extend the controls on fast food
restaurants to San Pablo Avenue for one year, to be extended if necessary,
while the San Pablo planning process proceeds. 19. California Healthy Families Program
From: Councilmember
Breland Recommendation: Refer to the City Manager creation of a special publicity campaign to inform all Berkeley residents of California's Healthy Families Program which has now been expanded to include the uninsured parents of the young people who qualify for the plan. Contact: Margaret Breland, Councilmember District 2, 644-6400 Action: Approved recommendation as revised by Councilmember Worthington to refer the matter also to the Community Health Commission.. For the record, the Mayor stated that 40,000 copies of a brochure on how to apply for health insurance were distributed in West and South Berkeley by a UC student volunteer group. 20.
Amend Public Utilities Code - Renewable Incentives for Public
Agencies
From: Energy Commission Recommendation: Adopt a Resolution endorsing an amendment pertaining to Article 15 of Chapter 2.3 of Part I of Division 1 of the Public Utilities Code, Section 399.6(d) - Public Entity Eligibility, as amended by SB 1194, such that public agencies would be eligible for customer credits for the purchase of renewable energy. Contact: Neal DeSnoo, Secretary, 665-3486
a. City
Manager Report Recommendation: Concurs with the content and recommendations of the Commission.
Contact:
Stephen Barton, Housing, 665-3481
Action:
Adopted Resolution
No. 60,805-N.S. Presentations 21.
Web Accessibility Issues
From: Councilmember
Spring
Contact:
Dona Spring, Councilmember District 4, 644-6266
Action: Presentation
made.
Public Hearings 22.
Continued Public Hearing - Appeal of Landmarks Preservation
Commission Designation of the West Berkeley Shellmound as a Landmark,
Three Blocks Bounded by University Avenue, Hearst Avenue, I-80 and 4th
Street; Adoption of a Zoning Ordinance Amendment to Require an
Administrative Use Permit for Projects that Could Adversely Affect the
Shellmound (continued from July 18 and September 19) a.
Appeals filed by Richard and Charlene deVecchi; and the 620 Hearst
Group, LLC b. City Manager Report Recommendation: Close the public hearing and direct the City Clerk to notify the appellants and other parties to the appeal that the designation of the Berkeley Shellmound as a City Landmark has been affirmed by operation of law. Contact:Wendy Cosin, Planning and Development, 705-8108 Recommendation:
Approve
the decision of the Landmarks Preservation Commission designating the West
Berkeley Shellmound Site as a Landmark; and that the process for review of
and decision for designation as Landmark or Historic District remain with
the Landmarks Preservation Commission. Contact:
Manuel Hector, Secretary, 665-6880 Action:
Moved,
seconded, carried (Worthington/Spring; Absent - Woolley) to close the
public hearing and to adopt Resolution No. 60,806-N.S. affirming the
designation of the Berkeley Shellmound as a City Landmark by operation of
law. 23. Tentative Map Condo Conversion - 1177-83 Delaware Street (continued
from September 19) a. Appeal of Kenneth J. Schmier, Eric S. Schmier, David Darlington and
Louise Lo of Planning Commission Decision of July 26, 2000.
b.
From: City Manager Recommendation:
Continue the public
hearing to November 21, 2000. Contact: Wendy
Cosin, Planning and Development, 705-8108 c.
Communications:
1. David Darlington
2. Louise Lo
3. David Darlington
4. Lisa Lerner
5. Michael Lott Contact:
Sherry Kelly, City Clerk, 644-6480 Action:
Moved,
seconded, carried (Shirek/Maio; Absent - Woolley) to continue the public
hearing to November 21, 2000. 24. Residential Permit Parking
From: City Manager Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution amending Sections 25M and 25N of Resolution No. 56,508-N.S., by adding subsections to extend residential permit parking on Emerson Street between Tremont Street and Shattuck Avenue, on all of Keoncrest Drive, and on all of Catherine Drive. Contact: Rene Cardinaux, Public Works, 665-3460 Public Testimony:
The Mayor opened
the public hearing. One
speaker heard. Moved,
seconded, carried (Armstrong/Maio; Absent - Woolley) to close the public
hearing. Action:
Decision to be made
on October 24, 2000. 25. Downtown Berkeley Business Improvement District
From: City Manager Recommendation:
Conduct a public
hearing and upon conclusion adopt a Resolution confirming the year 2001
Annual Report of the Downtown Business Improvement District (BID) as
approved on September 26, 2000 and thereby levying an annual assessment
for the Downtown Berkeley Business Improvement District for calendar year
2001.
Contact: Bill Lambert,
Economic Development, 705-8180 Public Testimony:
The Mayor opened
the public hearing. One
speaker heard. Moved,
seconded, carried (Armstrong/Olds; Absent - Woolley) to close the public
hearing. Action:
Moved, seconded,
carried (Armstrong/Olds; Absent - Woolley) to adopt Resolution No.
60,807-N.S.
Old Business 26.
Proclamation Honoring Congressman Ronald V. Dellums (removed
from Consent Calendar by Councilmember Worthington and held over from
October 10.
From: Mayor Dean and
Vice Mayor Shirek Recommendation: Approve a Proclamation honoring Congressman Ronald V. Dellums, to be presented by the Mayor at the October 25 dedication of the Ronald V. Dellums Federal Building in Oakland. Contact: Shirley Dean, Mayor, 644-6484 Action: Mayor Dean withdrew her proclamation at the request of Vice Mayor Shirek. Moved, seconded, carried (Shirek/Armstrong; Absent - Woolley) to approve a Proclamation prepared by Vice Mayor Shirek to be presented by the Vice Mayor at the October 25 dedication. 27. Support Measure E – Peralta Community College District Bond
Measure (removed from the Consent Calendar by Councilmember Shirek
and held over from September 19, September 26 and October 10)
From: Councilmembers
Worthington and Spring Recommendation:
Support Measure E which is on the November ballot contingent
upon Peralta Community College District enforceable written commitment to
the City of Berkeley to insure completion of a permanent Vista Community
College campus. Contacts: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266 Action: Held over to October 24, 2000.
Information Reports 28. Landmarks Preservation Commission Notices of Decision
Designating University of California at Berkeley Unit 1 and Unit 2
Residential Complex
From: City Manager
Contact:
Wendy Cosin, Planning and Development, 705-8108
Action: Received and filed. Communications Action:
The following communications were read, noted and
filed unless referred to the City Manager for a response: Page No. 1) Re: Relocation of Congregation Beth El at 1301 Oxford St., Berkeley Olds a) Ruth Spear b) Nancy Turak, Marc Davis, Adam Davis-Turak 2) Constance & Kevin Sutton, re: Wireless transmitting antennas. Olds 3) Ove M. Wittstock, Executive Director, Berkeley Boosters Association, re: Funding for Berkeley Guides. Olds, Maio 4) Re: Health insurance for children a) Maylene Clegg Maio b) Maylene Clegg 5) Letter signed by 5 members of Neighbors for Responsible Development, re: Proposal for 2700 San Pablo Ave. Maio 6) Re: Parking permit for Keoncrest Dr., Berkeley a) David Rice b) Dwight King-Leatham 7) Anne Marselis, re: Clean-fill dumping 8) Panoramic Interests, re: Community planning 9)
Janet Wood, re: Resident Parking
Program SUPPLEMENTAL
COMMUNICATIONS AND
AGENDA REPORTS 10. Sam Dyke, Chair, Adeline-Alcatraz Merchants Association Item 9 - Civic
Center Parking 11.
Councilmembers Maio, Spring and Worthington, substitute
recommendation.
12.
Councilmembers Breland and Maio, revised report. 13.
Petition with 167 signatures supporting moratorium. 14.
Michael Larrick 15. Alexandra Andrews Item 22 - Continued Public Hearing - Appeal of Landmarks Preservation Commission Designation of the West Berkeley Shellmound as a Landmark 16. Mark McDonald Item
24 - Residential Permit Parking 17. Miriam Ciochon 18.
Mayor Shirley Dean, revised recommendation
Adjournment
The
meeting adjourned at 9:30 p.m. in memory of Ernest Maylord, Johnny Johnson
and the seventeen U.S. Navy personnel killed in Yemen. |
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