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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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AGENDA

 

BERKELEY CITY COUNCIL REGULAR MEETING

 

TUESDAY, DECEMBER 18, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

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 and/or action.

 

Comments from the Public:  A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (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 meeting unless the City Manager requests action due to priority.

  1. Minutes for Approval
    From:  City Manager
    Recommendation:
      Approve the minutes for Council meetings of:  a) October 30, 2001 (regular) as revised by Mayor Dean; b) November 27, 2001 (special); c) November 27, 2001 (regular); d) and December 4, 2001 (special).

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

     

  2. Disabled Access Ramps (first reading 12/11/01 – unanimous; Breland absent)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.04.030.A.2. to allow ramps/lifts over 30 inches in height within the front yard or exterior side yard setback in all residential zones as a ministerial permit.

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

  3. Reasonable Accommodation Access to Fair Housing (first reading 12/11/01 – unanimous; Breland absent)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance adding Chapter 23B.52 to the Berkeley Municipal Code (BMC) to provide an opportunity for reasonable accommodation in the application of the City’s land use regulations by allowing for the modification of the zoning and subdivision regulations for persons with disabilities seeking access to housing without the necessity of obtaining a variance or use permit.

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

     

  4. Definition and Regulation of Smoke Shops (first reading 12/11/01 – unanimous; Breland absent)

    From:  City Manager

    Recommendation:  1) Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23E.36.030, Section 23E.40.030, Section 23E.44.030, Section 23E.48.030, Section 23E.52.030, Section 23E.56.030, Section 23E.60.030, Section 23E.68.030, Section 23E.64.030, to prohibit smoke shops with 1,400 feet of a school or park, to require a use permit for smoke shops, to add a new definition of smoke shop to Subtitle 23F, and to delete the portion of Section 23E.56.030 dealing with tobacco products and associated merchandise.

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

     

  5. Lease:  Police Substation (first reading 12/11/01 – unanimous; Breland absent)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement with Huck Rorick and Judith Ann Meyer for the Police Substation located at 3140 Martin Luther King Jr. Way and 3192 Adeline St., in an amount not to exceed $262,000 for a period of eighteen months with an option to extend an additional ten months.

    Contact:  Dash Butler, Police Chief, 981-5700

     

  6. Wireless Telecommunications Antennas and Facilities (first reading 12/11/01 – unanimous; Breland absent) – ( to be delivered)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance proposed by Staff regulating the siting, installation, and operation of wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems that are located on property other than the public right of way by adding Chapter 23C.17 to the Berkeley Municipal Code relating to wireless telecommunications facilities, amending Subsection 23F.040.010 by adding new definitions, and amending Sections 23C.20.030A, 23E.40.020B, 23D.16.030 through 23D.44.030 and Sections 23E.40.030 through 23E.84.030 regarding Use Permit requirements.

    Contact:  Wendy Cosin, Planning and Development, 705-8130

     

  7. Wood Burning Appliance Restrictions (first reading 12/11/01 – unanimous; Breland absent)

    From:  City Manager

    Recommendation:  Adopt a second reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 19 (Building and Construction), by adding Section 19.28.195, Wood-burning Appliances.

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

     

  8. Temporary Employment Agency Services (Certified Personnel)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Certified Personnel for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

  9. Temporary Employment Agency Services (Act One)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Act One for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

  10. Temporary Employment Agency Services (Office Team)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Office Team for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

  11. Loan Agreement:  Café Service at 2180 Milvia Street

    From:  City Manager

    Recommendation:  Adopt a Resolution 1) authorizing the City Manager to negotiate on the open market; 2) execute a loan agreement with a qualified operator to provide café service at 2180 Milvia Street in an amount not to exceed $40,000; and 3) City to fund interior improvement expenses in an amount not to exceed $20,000.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  12. Contract:  Refrigerators for Low-Income Households

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Galvin Appliance in an amount not to exceed $235,000 for approximately 400 refrigerators for low-income households for the period January 1, 2002 through December 31, 2003.

    Contact:  Steve Barton, Housing, 981-5400

     

  13. Grant:  CSBG Funding

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a Community Services Block Grant (CSBG) in the amount of $44,211, from the State Department of Community Services and Development and executing any resultant agreement and amendments to provide low-income services.

    Contact:  Steve Barton, Housing, 981-5400

     

  14. Health Insurance Rate Increases

    From:  City Manager

    Recommendation:  Adopt two Resolutions authorizing rate increases for the Kaiser Foundation Health Plan and Health Net Health Plans for City employees, effective January 1, 2002.

    Contact:  Ron Brown, Human Resources, 981-6805

     

  15. Contract:  Downtown Public Improvements Project

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bauman Landscape, Inc. for the Downtown Public Improvements Project to increase the amount by $150,000 for a total not to exceed $2,181,700 for the period December 31, 2001 through March 31, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300   

     

  16. Contract:  Homelessness Prevention Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Eden Council for Hope and Opportunity, Inc. by increasing the contract in an amount not to exceed $50,000 for continuing operation of the Homelessness Prevention Program.

    Contact:  Steve Barton, Housing, 981-5400

     

  17. Housing Authority Section 108 Loan

    From:  City Manager

    Recommendation:  Adopt a Resolution approving a Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program application for the Berkeley Housing Authority in the amount of $1,400,000 and authorizing the use of current and future Community Development Block Grant (CDBG) funds as ultimate security to participate in the Section 108 Program.

    Contact:  Steve Barton, Housing, 981-5400

     

  18. Grant:  Ohlone Park West Playground

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application for $50,000 in Park Playground Accessibility and Recycling Grant Program funds from the California Integrated Waste Management Board FY 2001/2002 and executing any resultant agreement and amendments for safety and accessibility upgrades to Ohlone Park West school-age playground.

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

     

  19. Excuse Mayor Dean from January 22, 2002 Council Meeting

    From:  Mayor Dean

    Recommendation:  Excuse Mayor Dean from attending the January 22, 2002 Council meeting due to her participation in the U.S. Conference of Mayors Winter Meeting in Washington D.C. and New York City.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  20. Parking in Downtown

    From:  Councilmember Spring

    Recommendation:  Adopt a policy (separate from the General Plan) that will not reduce public parking spaces, except those temporarily needed for construction/bike lane projects, in the downtown area, until the former “Hinks” parking garage on Kittredge Street is operational after construction of the Library Gardens housing project; and request the City Manager study the feasibility of continuing the parking mitigations even after the Kittredge Street garage is returned to operation.

    Contact:  Dona Spring, Councilmember District 4, 644-6266

     

  21. Affordable Housing:  Height Limits and Density Bonuses

    From:  Councilmember Spring

    Recommendation:  Refer a proposal to change height limits and density bonuses to support affordable housing to the Housing Advisory Commission and the Planning Commission.

    Contact:  Dona Spring, Councilmember District 4, 644-6266

     

  22. Support Community Services Block Grant Allocation Increase

    From:  Human Welfare and Community Action Commission

    Recommendation:  Direct the City Manager to write to Assemblymember Dion Aroner supporting the California/Nevada Community Action Association (CAL/NEVA) proposal to increase the Community Services Block Grant (CSBG) allocation to minimum funded agencies.

    Contact:  Marianne Graham, Secretary, 981-5416

    a.  City Manager Report

    Recommendation:  Concurs with the content and recommendation of the Commission.

    Contact:  Steve Barton, Housing, 981-5400

Presentations

  1. Parking Meter Operations (to be delivered)

    a.  City Manager Information Report

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000; Fran David, Finance, 981-7300

     

  2. Telecommunications Report:  Findings and Recommendations

    From:  Task Force on Telecommunications

    Recommendation:  That the Task Force present findings and recommendations to Council.

    Contact:  Roger Miller, Secretary, 981-7009

    From:  City Manager

    Recommendation:  1)  That Council receive this report entitled the Telecommunications Report:  Findings and Recommendation from the Task Force on Telecommunications.   2)  That Council defers action on this report until the City Manager’s Office evaluates the Task Force recommendations and develops an Action Plan including costs and a timetable for implementation of the recommendations wherever possible.  3)  That any new costs associated with this implementation are to be referred to the City’s budget process.  4)  Authorize the City Manager to enter a process with AT&T to correct any deficiencies in the current franchise.

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

Public Hearings

  1. Extend Residential Permit Parking

    From:  City Manager

    Recommendation:   Conduct a public hearing and, upon conclusion, adopt a Resolution amending Section 25N of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on both sides of Hearst Avenue between Sacramento Street and Short Street, and on both sides of Franklin Street between Hearst Avenue and Delaware Street (see Attachment A insert); and authorizing the use of $600 from the operating budget of the Public Works Department to cover implementation costs.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    1. Communications:

      1. Marcia Schwartz

      2. Rauly Butler

      3. Frederick Goode

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

  2. Zoning Appeal of Use Permit 00-20000216 - 762 Ensenada Avenue
    a.  Appeal filed by 1) Cheryl and Bernard Hooper, 2) Susun Kim and Agustin Fernandez, and Mei-Ling Pastor, Conservator of Ruby Choy,
    of the Zoning Adjustments Board decision of August 9, 2001, which affirmed approval of a use permit to construct a 1,200 square foot third floor addition to the existing single-family residence at 762 Ensenada Avenue.

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

    b.  City Manager Report dated December 18, 2001

    Recommendation:  Conduct a public hearing and upon conclusion, waive Council rules to vote on the project the same night, and direct staff to report back with an appropriate resolution.

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

    c.  City Manager Report dated November 13, 2001
    Recommendation: 
    Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve the project and dismissing the appeal.

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

    d.  Communications from 11/13 and 12/18

    1. Karen Schein and Gary Carson

    2. Mei-Ling Choy Pastor

    3. Peter Bilbao

    4. Peter Selz

    5. Peter Hayes

    6. Victor Herbert, Berkeley Dispute Resolution Services

    7. Carole Schemmerling

    8. Nancy Galloway and Andrew Morse

    9. Cheryl Hooper

    10. Laurie Nilles

    11. Manuel Pastor

    12. Steve Bartmasser

    Contact:  Sherry 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 Reports

 

Priority

  1. General Plan Adoption – Land Use, Transportation, and Housing Elements (to be delivered)

    Recommendation: Adopt four Resolutions certifying the Environmental Impact Report and approving the Draft General Plan for Housing, Land Use, and Transportation Elements.

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

  2. Meeting Notice Language Regarding Scented Products

    From:  Commission on Disability

    Recommendation:  Change the City’s language, appearing on City meeting notices, regarding scented products to say the following:  “Please refrain from wearing scented products (perfume, cologne, after-shave, etc.) to these meetings, as there may be people in attendance who are allergic and can be seriously harmed by exposure to these products.”

    From:  Eric Dibner, Acting Secretary, 981-6342

    a.  City Manager Report

    Recommendation:  Change the language appearing on City meeting notices to say the following:  “Smoking is not allowed, and the City Council requests that people refrain from wearing scented products to the meeting.”

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  3. Loan Agreement:   Disabled Senior Housing – 1242 Josephine Street (to be delivered)

    From:  City Manager

    Recommendation:  Adopt a Resolution:  a) authorizing the expenditure of Housing Trust Funds in the amount of $ 415,000 for the acquisition of 1242 Josephine Street and 1811 Berryman for disabled, senior housing; b) authorizing a loan agreement in an amount not to exceed $415,000 with the Northern California Land Trust; c) assigning the purchase of the property to the Northern California Land Trust as the designated developer; and d) authorizing the City Manager or his designees to execute all documents relative to the purchase, assignment and close of escrow of this property.

    Contact:  Steve Barton, Housing, 981-5400
     

  4. Contract:  Housing Facility for the Severely Mentally Disabled - 1741-1743 Russell Street (to be delivered)

    From:  City Manager

    Recommendation:  Adopt a Resolution: a) authorizing a contract in the amount of $222,005, and an advance payment thereupon, utilizing State AB 2034 funding, between the City of Berkeley, Mental Health Division and the Berkeley Emergency Food and Housing Project for the operation of the Russell Street Residence, a licensed Board and Care facility located at 1741-43 Russell Street; b) authorizing a Memorandum of Understanding between these parties for the joint planning and provision of clinical and related services to the residents of these properties; c) authorizing general funds in an amount not to exceed $48,000 for potential relocation costs of current project residents associated with the transfer of operations of this facility; d) authorizing a contract with Suzanne Sullivan, Relocation Consultant, in an amount not to exceed $48,000 for purposes of providing relocation services to affected residents of these properties; and e) authorizing the City Manager and his designees to take any additional actions necessary to effectuate the successful transfer and operation of this facility.

    Contact:  Steve Barton, Housing, 981-5400

     

  5. Boycott of Charles Krug Winery

    From:  Peace and Justice Commission

    Recommendation:  Adopt a Resolution joining in the United Food and Commercial Workers Union’s boycott of wines produced by Charles Krug Winery, and directing all City staff not to purchase Charles Krug Winery products with City funds for any purpose until the United Food and Commercial Workers Union ends its call for a boycott; and donating $100 to the United Food and Commercial Workers Union for support of the 43 families whose incomes have been cut off by the lockout.

    Contact:  Manuel Hector, Secretary, 981-5110

    a.  City Manager Report

    Recommendation:  The City Manager takes no position on the recommendation of the Commission to join in the boycott of Charles Krug Winery. The Council should not approve the donation of $100 as it is not appropriate to allocate public funds for political activities.

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

Information Reports

  1. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

     

  2. Investments:  Quarter Ending September 30, 2001

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300 
     

  3. Notice of Decision:  2200 Shattuck Avenue (Hink’s Building/Shattuck Hotel)

    From:  City Manager

    Contract:  Carol Barrett, Planning, 705-8101

     

  4. Berkeley High School Students Peace Rally

    From:  Peace and Justice Commission

    Contact:  Manuel Hector, Secretary, 981-5110  

Communications

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

 

Page No.

  1. Regarding the Afghanistan Resolution:

     

    Mark Weaver, Andrew Bishop.

     

  2. Robbin Henderson, regarding the arts density bonus.

     

  3. Ray Dobard, regarding back-up captioners.

     

  4. L.A. Wood, regarding Public Hearing for BOSS, 711 Harrison, Ursula Sherman Village Project.

     

  5. Stephen De Staebler, regarding Public Hearing on 762 Ensenada.

     

  6. Dianne Feinstein, regarding AIDS.
     

  7. Sharon Brown, regarding the school pass subsidy proposal.
      

  8. Howie Muir, regarding the Planning Department.

     

  9. Sherry Zhang, regarding Falun Gong.

     

  10. Peter Dumont, regarding loan request.

     

  11. Regarding the General Plan:

     

    Paul Andrade, Monica Wejolowska, Andrew Di Genova, David A. Coolidge, Pam Dahl, Kirstin Miller, Ann Sieck, Debby Graudenz & Stuart Kelman.
     

  12. Regarding Ed Roberts Campus:

     

    Jan Garrett, Marisa Lianggamphai, Kenneth Stein, Marc L. Krizack, Elizabeth H. White,

    Lawrence de Berry, Laurence Paradis, Paul Preston.

     

  13. Regarding Charles Krug Winery:

    1. Paul Kesler

Adjournment


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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.