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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, FEBRUARY 26, 2002

 

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 30 minutes is scheduled. Each speaker is limited to a maximum of 3 minutes.

 

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

 

Consent Calendar

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

  1. Minutes for Approval

    From:  City Manager

    Recommendation:  Approve the minutes for Council meeting of February 14, 2002 (closed).

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

  2. Real Property Administrator Classification

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 60,051–N.S., Classification and Salary Resolution for Local One Employees, to establish the classification of Real Property Administrator effective March 1, 2002.

    Contact:  Ron Brown, Human Resources, 981-6800

       

  3. Equity Adjustment for the Manager of Environmental Health

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 60,051–N.S., Classification and Salary Resolution for Local One Employees, to provide for an equity salary increase for the Manager of Environmental Health effective February 26, 2002.

    Contact:  Ron Brown, Human Resources, 981-6800

     

  4. Administrative Leave Benefit for Unrepresented Fire Management Employees

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 60,777–N.S. (Unrepresented Employee Manual) to modify the administrative leave benefit for employees in Representation Unit A (Unrepresented Fire Management) assigned to the fire suppression function retroactive to January 1, 2002.

    Contact:  Ron Brown, Human Resources, 981-6800

     

  5. Revision of the Library Classification Series

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 59,883-N.S., Classification/Salary Resolution for SEIU Local 535 to add new titles for Supervising Library Specialist and Library Specialist I and II classifications and new salary ranges for the Central Library Circulation Services Supervisor and the Supervising Library Assistant classifications.

    Contact:  Ron Brown, Human Resources, 981-6800

     

  6. 3039 Shattuck Avenue (dba Brothers Liquors): A Public Nuisance and Ordering Cessation of the Operation

    From:  City Manager

    Recommendation:  Adopt a Resolution declaring 3039 Shattuck Avenue a public nuisance and enjoining the use pursuant to Section 23B.64.030 of the Berkeley Municipal Code.

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

  7. Contract:  La Loma Retaining Wall Project

    From:  City Manager

    Recommendation:    Adopt a Resolution 1) accepting funds from Safeco Insurance Company in the amount of $63,630, for repair of the La Loma retaining wall at the intersection of La Loma Avenue and Hilgard Avenue; 2) and approving plans and specifications for the La Loma Retaining Wall Project; and 3) authorizing the City Manager to execute a contract and any amendments with the lowest responsible bidder, in an amount not to exceed $63,630, for the period of January 2, 2002 to December 30, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  8. Contract:  Sanitary Sewer Design and Support Services

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with C.S. Young Engineers, Inc. for sanitary sewer design and related engineering support services, by increasing the amount $180,000 for a total amount not to exceed $760,700 and extending the term 120 calendar days.

    Contact:  Rene Cardinaux, Public Works, 981-6300

     

  9. Re-Evaluation of City Refund Policy

    From:  Councilmember Olds

    Recommendation:  Request that the City Manager re-evaluate the policy of refunding overcharges and return to Council with a proposal to make the reimbursement of overcharges more equitable.

    Contact:  Betty Olds, District 6, 981-7160

     

  10. Expansion of Aquatic Park

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager the expansion of Aquatic Park through the acquisition of the American Soils and the Radio Station properties; and request that all necessary review processes be completed and that either one or more separate applications for Proposition 40 grant funds be prepared in time for submission as soon as the application period is open, and that the City Manager inform the Council when an application(s) is being submitted.

    Contact:  Shirley Dean, Mayor, 981-7100
     

  11. Waterfront Development on Private Waterfront Land

    From:  Mayor Dean

    Recommendation:   1.  Schedule as a workshop for March 12, 2002 a discussion about the amount of development allowable on private property at the waterfront, and invite members of the Waterfront Commission and representatives from the Sierra Club, Citizens for an Eastshore Park, the Audubon Society, Save the Bay, and other interested parties to participate along with City staff and Councilmembers. 2. Request the City Manager to inform the private property owner(s) and the East Bay Regional Park District about the workshop. 3. Request the City Manager officially request from the Park District a copy of the appraisal used by the State in the acquisition of the land for Eastshore Park, if this appraisal is a public document.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  12. FAIR FACE (Fairness for Firefighters & All City Employees) regarding new Retirement Benefits

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager consideration in next year’s budget a process for ways to move towards an equitable policy in implementing new state retirement rules for firefighters and for all city employees.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  13. Proclamation Celebrating the Election of a Tibetan “Prime Minister” and the Raising the Tibetan Flag on March 10th in Solidarity with the Tibetan People

    From:  Councilmember Worthington

    Recommendation:    Support proclamation celebrating the election of a Tibetan “Prime Minister” and allowing the Tibetan flag to be raised on the city flag pole to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  14. Presentation:  Draft East Bay Shoreline Park Plan

    From:  Councilmembers Maio and Breland

    Recommendation:  Request the East Bay Regional Parks District present the Draft Plan to Council at our meeting of March 12th or as soon as possible.

    Contact:  Linda Maio, District 1, 981-7110 and Margaret Breland, District 2, 981-7120

     

  15. Derby Street Neighbors- Information and Action on Nasty Fences, Light Pollution, and Zoning Enforcement

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager a request for a report from the City Attorney and other staff addressing multiple issues including exploration of the feasibility of application of the nasty fence ordinance retroactively, timeline for addressing the light pollution ordinance proposed through the Parks and Recreation Commission, and neighborhood specific zoning enforcement issues.

    Contact:  Kriss Worthington, District 7, 981-7170

     

  16. Investigation of Humane Violations by IBP, Inc.

    From:  Citizens Humane Commission

    Recommendation:  Send a letter to Congressperson Barbara Lee, asking her to launch an investigation to determine if IBP, Inc. (formerly Iowa Beef Processors) is in violation of the Federal Humane Slaughter Act, State of Washington Slaughter Act, and Washington Anti-Cruelty Act by using inhumane and unsafe practices.

    Contact:  Kate O’Connor, Secretary, 981-6601

    a.  City Manager Report

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

    Contact:  Kate O’Connor, Secretary, 981-6601

     

  17. Withdrawal of the Antibotic, Baytril®, From the Market

    From:  Commission on Aging

    Recommendation:  Send a letter to Helge H. Wehmeier, Chief Executive Officer of Bayer Corporation, requesting that the Bayer Corporation voluntarily withdraw its product, Baytrilâ, from the market in response to findings that the use of this type of antibiotic in chicken farming contributes to the development of bacterial infections in humans that are resistant to antibiotic treatment.

    Contact:  Lisa Ploss, Secretary, 981-5110

    a.  City Manager Report

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

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

Public Hearings

  1. Adjustments to Council District Boundaries (Redistricting)  (To Be Delivered)

    From:  City Manager

    Recommendation:  1) Conduct the second of two public hearings on a preferred redistricting plan to amend council district boundaries based on the 2000 census figures; 2) Upon conclusion of the public hearing, hold a Council discussion and approve a specific plan, with or without modifications; and 3) direct the City Clerk to draft the Redistricting Ordinance for first reading at the meeting of March 12, 2002.

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

Presentation

  1. Potential Ballot Measures – November 2002 (held over from 2/19/02)

    From:  City Manager

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

    Action:  Held over to meeting of February 26, 2002.

     

  2. Mid-Year Budget  (held over from 2/19/02)

    From:  City Manager

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

Action Calendar

 

Appeals:

  1. 2020 Kittredge Street (Library Gardens)

    a.  Appeal filed by Frederick Lupke III, appellant

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

    b.  City Manager Report

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision approving Use Permit 00-10000062 to construct a 176-unit apartment complex with 3,000 square feet of ground-floor commercial space, a 9,000 square foot parking/plaza area and a 455-space parking garage which includes the demolition of an existing 362-space parking garage; adopting a negative declaration with findings and conditions of approval; and dismissing the appeal.

    Contact:  Carol Barrett, Planning and Development, 705-8102
    c. Communications

    1. Allan Abshez withdrawing appeal on behalf of applicant John DeClerq

    2. Fred Lupke III, appellant

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

     

  2. 1439 Oxford Street

    a.  Appeal filed by Steven Nemeth, appellant

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

    b.  City Manager Report

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision approving an Administrative Use Permit 01-200000110 to alter a building with a non-conforming 3 foot side yard setback where 4 feet is required, to change a roof into a second story deck and dismissing the appeal.

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

    c. Communications:

    1. Victor R. Hanson, applicant (dated January 24, 2002)

    2. Stephen Nemeth, appellant requesting continuance, (dated January 31, 2002)

    3. Victor Hanson, applicant (dated February 8, 2002)

    4. Stephen Nemeth, appellant (dated February 11, 2002)

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

  1. 356 Panoramic Way

    a.  Appeal filed by Ann Reid Slaby, appellant

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

    b.  City Manager Report

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision to approve an Administrative Use Permit 01-20000057 to enclose portions of the existing lower deck and to remodel a duplex to a single-family dwelling and dismissing the appeal.

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

    c. Communications:

    1. Chris & Andy Ehlers-Hardie

    2. Molly Keane

    3. Janice Thomas

    4. Richard Bahme and Anna Bahme

    5. Ann Reid Slaby

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

     

  2. 1513 Belvedere Avenue

    a.  Appeal filed by Sidney Weinstein, applicant

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

    b.  City Manager Report

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision denying an Administrative Use Permit 00-20000210 with findings, to legalize an 8 foot high fence and 7 ½ foot high trellis within the front yard setback and dismissing the appeal.

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

     

  3. 911 Fresno Avenue

    a.  Appeal filed by Marti Lee Kennedy, applicant

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

    b.  City Manager Report

    Recommendation:  Adopt a Resolution affirming the Zoning Adjustment Board denial of a Variance to legalize an accessory dwelling unit within an existing garage with a 173-square foot addition in the R-1 District and dismissing the appeal.

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

    c.  Communications:

    1. Betty Kietzman

    2. Steven Douglas

    3. Marti Kennedy, applicant

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

Old Business:

  1. Reject Inclusion of Anonymous Letters in Council Packet  (held over by Worthington from 1/15/02 and continued to 1/22/02, 2/5/02, and 2/26/02)

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  Adopt a policy that anonymous letters sent to the Council on any subject will not be included in the Council packet when it is published and distributed.

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

     

  2. Update on Bus Shelters (CF 215-00)   (Moved to Action by Hawley on 1/15/02 and held over to 2/5/02 and 2/26/02)

    From:  City Manager

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

     

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

    From: City Manager

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

     

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

    From:  City Manager

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

     

  5. Parking Enforcement – Citation Authority Amendments  (Held over by Maio from 2/19/02)

    From:  City Manager

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

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

     

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

    From:  Councilmembers Hawley and Shirek

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

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

     

  7. City Manager Evaluation and Discussion of Compensation Issues   (Held over by Worthington from 2/19/02)

    From:  Mayor Dean

    Recommendation:  Request the City Clerk schedule a time for a Closed Session Council Meeting to conduct the City Manager evaluation and discussion of compensation; that the Council designate the Mayor and Vice Mayor to meet with the City Manager regarding compensation and report back to the Council at the Closed Session.  Approximately one and one-half hours should be reserved, possibly at a noontime lunch meeting.  The meeting should occur when all Council members are available and at the soonest date possible.  It is likely that only one meeting will be necessary for this purpose.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  8. Dragon Boating at the Berkeley Marina  (Held over by Worthington from 2/19/02)

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager for evaluation the use of the Berkeley Marina for an expanded Berkeley Dragon Boat program, and encourage the Dragon Boat leaders, members of the Parks and Recreation and Waterfront Commissions, and related staffs to move forward to quickly complete the review process since the dragon boat racing season is fast approaching.  Further, the review process should include consultation with representatives of the Sierra Club, Citizens for an Eastshore Park, the Aubudon Society, and Save the Bay, as well as others who might have an interest in this matter.

    Contact:  Shirley Dean, Mayor, 981-7100

     

  9. Landmarks Preservation Commission Notices of Decision:  Discontinuation of Initiation for:  2220 Cedar Street & 1300 Martin Luther King, Jr. Way (held over by Mayor Dean from 2/19/02)

    From:  City Manager

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

     

  10. Progress of the Residential Preferential Parking Advisory Group (CF 67-00, CF 253-00) (held over by Mayor Dean from 2/19/02)

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

New Business:

  1. Amendment to Contract for Firefighters

    From:  Mayor Dean

    Recommendation:  Receive and take action on report from the City Manager regarding the request from the Berkeley Firefighters Union to amend their contract to allow a 7 ¾% increase in salaries effective July 7, 2002.

    Contact:  Shirley Dean, Mayor, 981-7100

Information Reports

  1. Berkeley Mutual Aid Agreements of Oakland Fire Station Rebuilding (CF 196-01)

    Contact:  Reginald Garcia, Fire, 981-3473

     

  2. Grant:  Chronic Disease Prevention

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

     

  3. Disaster Preparedness – Responding to Acts of Terrorism (CF 208a-01)

    Contract:  Reginald Garcia, Fire, 981-3473

     

  4. Berkeley Way Neighbor’s Concerns, Santa Fe Right of Way

    Contact:  Linda Maio, District 1, 981-7110

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. Pam Frantz, regarding traffic in the Willard/Russell Street Area
     

  2. Carol Denney, regarding Berkeley Folk Festival
     

  3. Jason Meggs, regarding BPD-Bicycle meeting
     

  4. Ari DaSilva, regarding food vending
     

  5. Howie & Connie Muir, regarding 2700 San Pablo Avenue
     

  6. Anne Marselis, regarding Roe v. Wade decision support
     

  7. Thomas Kelly, regarding Strawberry Creek

      

  8. Kay Schwartz, regarding cable television franchise
      

  9. Regarding Santa Fe Right of Way
     

    1. Harald Frey

    2. Gethsemane Community Church

    3. Berkeley Way Neighborhood Association

    4. Dale Sophiea

    5. Honor Thompson
       

  10. Ray Dobard, regarding Ed Roberts Campus
     

  11. Patrick Kennedy, regarding property development
     

  12. Patrick Kennedy, regarding 2471 Shattuck Avenue
     

  13. Stephen Klucharich, regarding 2517 Sacramento Street
     

  14. Marty Lynch, regarding Alta Bates emergency room expansion
     

  15. Howie Muir, regarding nodes in West Berkeley
     

  16. Will, regarding pedestrian crosswalk flags

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.