|
|
AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
FEBRUARY 26, 2002
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.
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.
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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.
-
Mid-Year
Budget (held over from 2/19/02)
From:
City Manager
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
Appeals:
-
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
-
Allan
Abshez withdrawing appeal on behalf of applicant John DeClerq
-
Fred
Lupke III, appellant
Contact:
Sherry M. Kelly, City Clerk, 981-6900
-
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:
-
Victor
R. Hanson, applicant (dated January 24, 2002)
-
Stephen
Nemeth, appellant requesting continuance, (dated January 31, 2002)
-
Victor
Hanson, applicant (dated February 8, 2002)
-
Stephen
Nemeth, appellant (dated February 11, 2002)
Contact:
Sherry M. Kelly, City Clerk, 981-6900
-
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:
-
Chris
& Andy Ehlers-Hardie
-
Molly
Keane
-
Janice
Thomas
-
Richard
Bahme and Anna Bahme
-
Ann
Reid Slaby
Contact:
Sherry M. Kelly, City Clerk, 981-6900
-
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
-
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:
-
Betty
Kietzman
-
Steven
Douglas
-
Marti
Kennedy, applicant
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Old Business:
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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:
-
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
-
Berkeley
Mutual Aid Agreements of Oakland Fire Station Rebuilding (CF 196-01)
Contact:
Reginald Garcia, Fire, 981-3473
-
Grant: Chronic Disease Prevention
Contact:
Fred Medrano, Health and Human Services, 981-5100
-
Disaster
Preparedness – Responding to Acts of Terrorism (CF 208a-01)
Contract:
Reginald Garcia, Fire, 981-3473
-
Berkeley
Way Neighbor’s Concerns, Santa Fe Right of Way
Contact: Linda Maio, District 1, 981-7110
Council
rules limit action on Communications to referral to the City Manager
and/or Boards
and
Commissions for investigation and/or recommendations.
Page
No.
-
Pam
Frantz, regarding traffic in the Willard/Russell Street Area
-
Carol
Denney, regarding Berkeley Folk Festival
-
Jason
Meggs, regarding BPD-Bicycle meeting
-
Ari
DaSilva, regarding food vending
-
Howie
& Connie Muir, regarding 2700 San Pablo Avenue
-
Anne
Marselis, regarding Roe v. Wade decision support
-
Thomas
Kelly, regarding Strawberry Creek
-
Kay
Schwartz, regarding cable television franchise
-
Regarding
Santa Fe Right of Way
-
Harald
Frey
-
Gethsemane
Community Church
-
Berkeley
Way Neighborhood Association
-
Dale
Sophiea
-
Honor
Thompson
-
Ray
Dobard, regarding Ed Roberts Campus
-
Patrick
Kennedy, regarding property development
-
Patrick
Kennedy, regarding 2471 Shattuck Avenue
-
Stephen
Klucharich, regarding 2517 Sacramento Street
-
Marty
Lynch, regarding Alta Bates emergency room expansion
-
Howie
Muir, regarding nodes in West Berkeley
-
Will,
regarding pedestrian crosswalk flags
|
Note: Some
City buildings and services will be closed to the public on holidays
and reduced services days. Access the 
