Regular Meeting eAgenda
October 22
, 2002

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, OCTOBER 22, 2002

Preliminary Matters

Roll Call:  7:00 p.m.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

  1. Proclamation Commending the Berkeley Historical Plaque Project

  2. Proclamation Honoring Fred Leif, Retiring Member of the Disaster Council

  3. Proclamation for National Coming Out Day

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.

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 taken up after the “Action Calendar” unless the Council reorders the agenda.

  1. Adoption of the 2001 Berkeley Fire Code  (PDF, 1.72 MB) (vote first reading – unanimous)

    From: City Manager

    Recommendation:  Adopt second reading of an ordinance repealing Chapter 19.48 of the Berkeley Municipal Code (BMC) 1997 Uniform Fire Code, and reenacting Chapter 19.48 to adopt with amendments, the 2001 California Fire Code and Uniform Fire Code Standards.

    Contact: Reginald Garcia, Fire 981-3473
     

  2. Amendment to Creeks Ordinance Definition of “Creek” and Adding a Provision to Allow for the Establishment of Fees for the Administration of the Chapter (PDF, 937 KB)

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section17.08.030.A to redefine “creek” allowing the City to maintain maps reflecting the presence of such creeks for the guidance of the public and adding a provision to allow for the establishment of fees for the administration of the chapter.

    Contact:  Manuela Albuquerque, City Attorney 981-6950
     

  3. Stephanie Hayes v. City of Berkeley, et al. (PDF, 144 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2001 017159 entitled Stephanie Hayes v. City of Berkeley, et al. in the amount of $18,000.

    Contact:  Manuela Albuquerque, City Attorney 981-6950
     

  4. Needle Exchange Emergency Distribution (PDF, 163 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the 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
     

  5. Updated Conflict of Interest Code (PDF, 6.74 MB)

    From:  City Manager

    Recommendation:  Adopt a Resolution adopting the revised Conflict of Interest Code and rescind Resolution No. 61,297–N.S. (2001 Conflict of Interest Code).

    Contact:  Sherry Kelly, City Clerk 981-6900
     

  6. 2002 General Obligation Refunding Bonds (PDF, 4.87 MB)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the issuance of 2002 General Obligation Refunding Bonds to refund 1993 General Obligation Bonds (Election of 1992, Series A), dated July 1, 1993, in the remaining principal amount of $5,680,000, and to refund 1995 General Obligation Bonds (Election of 1992, Series B), dated August 1, 1995, in the remaining principal amount of $11,895,000.

    Contact:  Fran David, Finance 981-7300
     

  7. Revenue Agreement:  Mental Health Services (PDF, 214 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a revenue agreement and any amendments with the Berkeley Unified School District for funds in the amount of $79,298 to provide mental health services at multiple school sites for FY 2003; and the implementation of the projects and appropriation of funding for related expenses.

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

  8. Contract:  2.7% at Age 55 Retirement Formula for Miscellaneous Employees (PDF, 720 KB)

    From:  City Manager

    Recommendation:  Adopt first reading of an Ordinance amending the City’s contract with the California Public Employees’ Retirement System (CalPERS) to provide the 2.7% at Age 55 Full and Modified Retirement Formula as set forth in California Government Code Section 21354.5 for local miscellaneous employees only to be effective January 5, 2003.

    Contact:  Ron Brown, Human Resources, 981-6800
     

  9. Side Letter of Agreement:  Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (PDF, 1.12 MB)

    From:  City Manager

    Recommendation:  Adopt Resolutions: 1)  approving a Side Letter of Agreement with the Berkeley  Fire Fighters Association/I.A.F.F. Local 1227 to amend and modify the Memorandum of Understanding (MOU) to extend the term of the contract for two years to July 1, 2006 and authorizing the City Manager to execute and implement the terms and conditions of the Side Letter; and 2)  approving an amendment to Resolution No. 60,867–N.S. for Representation Unit B that implements the salary modifications set forth in the Side Letter of Agreement.

    Contact:  Ron Brown, Human Resources, 981-6800
     

  10. Access to Summary Criminal History Information (PDF, 324 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing staff in several departments to access state and local summary criminal history information obtained through fingerprint identification for employment licensing and certification purposes.

    Contact:  Ron Brown, Human Resources, 981-6800
     

  11. Contract:  Emergency Sewer Replacement Projects (PDF, 591 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with McNamara and Smallman Construction, Inc. for emergency sewer replacement projects, to increase the amount by $98,000 for a total amount not to exceed $1,720,190, and extend the contract time by 50 calendar days.

    Contact:  Rene Cardinaux, Public Works, 981-6300
     

  12. Contract:  Commuter Check Program Administrator (PDF, 357 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Employment Benefit Specialists, Inc. (EBS) as a third party administrator to administer the Commuter Check Program for the City of Berkeley employees in an amount not to exceed $75,800 for the period November 1, 2002 through June 30, 2004.

    Contact:  Peter Hillier, Transportation 981-7000
     

  13. Scheduling a 15-Minute Presentation on “Street Smarts” (PDF, 53 KB)

    From:  Councilmember Spring

    Recommendation:  Schedule a 15-minute presentation on “Street Smarts,” a proposed regional pedestrian safety awareness campaign at a November 2002 meeting.

    Contact:  Dona Spring, Councilimember District 4, 981-7140
     

  14. Status Report on the 5-Year Bicycle and Pedestrian Safety Plan (PDF, 1.03 MB)

    From:  Councilmember Spring, Councilmember Maio and Councilmember Worthington

    Recommendation:  Request the City Manager submit a third year status report on the Bicycle and Pedestrain Plan (BAPS) 5-year plan and that this report be scheduled for a Council meeting in January 2003.

    Contact:  Dona Spring, Councilimember District 4, 981-7140/Linda Maio, Councilmember District 1, 981-7110/Kriss Worthington, Councilmember District 7, 981-7170
     

  15. Holiday 2002 Promotion Efforts in Commercial Districts (PDF, 157 KB)

    From:  Councilmember Worthington

    Recommendation:  Refer to the City Manager study and feasibility of Holiday 2002 Promotion efforts in Berkeley’s Commercial Districts for free metered parking on Saturdays and promotional funds.

    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
     

  16. Street-Sweeping Days Occurring on Holidays (PDF, 52 KB)

    From:  Councilmember Breland

    Recommendation:  Refer to the City Manager that when street sweeping days occur on a City or State holiday that residents in the area be notified of continued service.

    Contact:  Margaret Breland, Councilmember District 2, 981-7120
     

  17. Chinese President Jiang Zemin’s Visit to the United States (PDF, 639 KB)

    1. From:  Peace and Justice Commission

      Recommendation:  Adopt a Resolution expressing concern regarding President George W. Bush’s invitation to Jiang Zemin, President of the People’s Republic of China, to visit the United States and President Bush’s ranch in Crawford, Texas, and asking that President Bush specifically raise the issue of human rights abuses against Falun Gong members in his discussions with President Jiang Zemin; and send copies of the Resolution and attached letter to President Bush with copies to Berkeley’s members of Congress and the United States Secretary of State.

      Contact:  Manuel Hector, Secretary, 981-5110
       

    2. From:  City Manager

      Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

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

 

Action Calendar – Appeals

  1. Approval of Use Permits–1400 Bonita Avenue

    1. Appeal filed by Samuel Cohen of the June 13, 2002 Zoning Adjustments Board approval of use permit for a second story addition to an existing single story residence by increasing the height of the existing attic space to create a habitable area and extending a non-conforming rear yard setback, and continuing a front yard setback. (PDF, 449 KB)

      Contact:  Sherry Kelly, City Clerk 981-6900
       

    2. City Manager Report (PDF, 601 KB)

      Recommendation:  Adopt a Resolution remanding the Zoning Adjustment Board’s decision approving Use Permit and Variance # 01-20000021, 1400 Bonita Avenue, an 811 square-foot major residential addition.

      Contact:  Carol Barrett, Planning, 981-7400
       

    3. Communications (PDF, 4.01 MB)

      1. Randy and Debbie Drewes (2)
         

  2. Denial of Use Permits – 1155 Hearst Avenue

    1. Appeal filed by Lynda Hart of the July 11, 2002 Zoning Adjustments Board denial of use permits to demolish an existing dwelling, construct 14 dwelling units and reduce the required rear yard setback for the project at 1155-1163 Hearst Avenue.  (PDF, 477 KB)

      Contact:  Sherry Kelly, City Clerk 981-6900
       

    2. City Manager Report

      Recommendation:  Set for public hearing on November 19, 2002 the appeal of the Zoning Adjustments Board’s decision to deny Use Permit #01-10000087, to demolish 3 existing buildings containing 6 dwelling units and construct 3 buildings containing 14 dwelling units.

      Contact:  Carol Barrett, Planning, 981-7400
       

    3. Communications  (PDF, 429 KB)

      1. Shannon Hampton

      2. Dale Anania

      3. Alma Prins and Blaze Woodlief

      4. Eric Lazar

      5. Pam Ormsby

      6. Susana Wappenstein

      7. Curt Clingman

      8. Ruth Knapp

      9. Nancy Bickel, President League of Women Voters
         

  3. Approval of Use Permits – 1797 Shattuck Avenue

    1. Appeal filed by Art Goldberg and Barry Wofsy of the July 11, 2002 Zoning Adjustment Board’s approval of use permits to create a mixed-use building greater than 5,000 square feet, yards smaller than required, and provide 9,409 square feet of open space where 13,000 square feet are required.  (PDF, 715 KB)

      Contact:  Sherry Kelly, City Clerk 981-6900
       

    2. City Manager Report

      Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve a use permit to construct a 5 story mixed use building with 65 dwelling units and 5,706 square feet of retail floor area, and dismissing the appeal.

      Contact:  Carol Barrett, Planning, 981-7400
       

    3. Communications  (PDF, 643 KB)

      1. Art Goldberg
         

  4. Approval of Use Permits – 2006-2008 University Avenue

    1. Appeal filed by Herbert Friedman of the July 11, 2002 Zoning Adjustment Board’s approval to construct a 35 unit (7 affordable units) mixed use project. (PDF, 291 KB)
       

    2. Appeal filed by the Berkeley Architectural Heritage Association of the July 11, 2002 Zoning Adjustment Board’s approval to construct a 35 unit (7 affordable units) mixed used project. (PDF, KB)

       

    3. Appeal filed Christopher Hudson and Victor Touriel of the February 4, 2002 Landmarks Preservation Commission’s decision to: 1) designate the building as a Structure of Merit designation; and 2) not approve a demolition permit.  (PDF, 2.03 MB)

      Contact:  Sherry Kelly, City Clerk 981-6900
       

    4. City Manager Report  

      Recommendation:  Set a public hearing: 1) on the appeal of the Zoning Adjustment Board’s decision to approve a 35 unit (7 affordable units) mixed use project at 2006-2008 University Avenue; and 2) to review the decision of the Landmarks Preservation Commission designating the existing building as a Structure of Merit and not approving the demolition permit.

      Contact:  Carol Barrett, Planning, 981-7400
       

    5. Communications

      1. Herbert Friedman (3) (PDF, 2.7 MB)

      2. Christopher Hudson (PDF, 513 KB)
         

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 Calendar – Old Business

  1. Minutes for Approval  (PDF, 3.2 MB) (held over from 10/08/2002)

    From:  City Manager

    Recommendation:  Approve minutes of:  a) September 10, 2002 (regular); and b) September 17, 2002 (regular).

    Contact:  Sherry Kelly, City Clerk 981-6900
     

  2. Confirm Appointment of Zelda S. Clark to the Berkeley Housing Authority (PDF, 269 KB) (held over by Councilmember Breland from 10/08/2002)

    From:  Mayor Dean

    Recommendation:  Adopt a Resolution confirming the Mayor’s appointment of Zelda S. Clark to the vacant Tenant Commissioner position on the Berkeley Housing Authority.

    Contact:  Shirley Dean, Mayor 981-7100
     

  3. Aquatic Park Vegetation Management and Tree Trimming Status Report (PDF, 568 KB) (held over by Councilmember Worthington from 10/08/2002)

    From:  City Manager

    Contact:  Lisa Caronna, Parks and Waterfront 981-6700
     

  4. Ban and Exchange of Mercury Thermometers (PDF, 83 KB) (held over by Councilmember Hawley from 10/15/2002)

    From: Councilmember Worthington

    Recommendation: Refer to the City Manager possible ban on the sale, import and manufacture of mercury thermometers in the City.  Research the cost of sponsoring a mercury thermometer exchange for new digital thermometers.

    Contact: Kriss Worthington, Councilmember District 7, 981-7170
     

  5. Opposing Patriot Act, Justice Department Directives, and Executive Orders that Prevent the Protection of Civil Rights and Liberties  (PDF, 1.9 MB) (held over by Councilmember Armstrong from 10/15/2002)

    From: Councilmember Worthington

    Recommendation: Support the Resolution opposing the Patriot Act, Justice Department directives, and executive orders that prevent the protection of Civil Rights and Liberties.

    Contact: Kriss Worthington, Councilmember District 7, 981-7170
     

  6. Cablecasting of Zoning Adjustment Board Meetings (PDF, 150 KB) (held over by Councilmember Armstrong from 10/15/2002)

    From: City Manager

    Contact: Chris Mead, Information Technology 981-6500
     

Action Calendar – New Business

  1. 1947 Center Street – City Acquisition, Use and Lease (PDF, 671 KB)

    From:  City Manager

    Recommendation:  Provide policy discussion and direction to the City Manager regarding:  1) the City’s acquisition of 1947 Center Street (portions of which are presently under lease to the City); 2) financing such acquisition; 3) relocation of City operations to this building; 4) the City’s entry into a master lease pending such acquisition in order to sublease to existing tenants; and 5) related issues concerning such acquisition, relocation of City services, and master and subleases.

    Contact:  John Rosenbrock, Capital Projects, 981-6331
     

  2. Eastshore Park Preliminary General Plan (PDF, 2.65 MB) (CF 141-02)

    From:  City Manager

    Recommendation:  Authorize the City Manager to send a letter to California State Parks Commission with the comments on the Eastshore Park Preliminary General Plan.

    Contact:  Lisa Caronna, Parks and Waterfront 981-6700
     

  3. Mills Act Contract:  2237 Carleton Street (PDF, 223 KB)

    From:  City Manager

    Recommendation:  Adopt a Resolution directing the City Manager to enter into a Mills Act Contract and any amendments with John and Peggy Stone for restoration of 2237 Carleton Street in order to obtain property tax reduction for a period of ten years.

    Contact:  Carol Barrett, Planning, 981-7400
     

  4. Landmarks Preservation Commission Notice of Decision:  1326 Allston Way (PDF, 896 KB)

    From:  City Manager

    Recommendation:  Certify the Landmarks Preservation Commission’s designation of the Corporation Yard as a landmark and set a public hearing for November 19, 2002.

    Contact:  Carol Barrett, Planning, 981-7400
     

  5. Pedestrian Safety Recommendations (PDF, 953 KB)

    1. From:  Transportation Commission

      Recommendation:  Fund and direct staff to continue implementation of the interdepartmental collaborative effort to implement the Pedestrian Safety Injury Reduction Program adopted by Council in 2000, and set forth in the Bicycle and Pedestrian Safety Report.

      Contact:  Peter Hillier, Secretary, 981-7000
       

    2. From:  City Manager

      Recommendation:  The recommendation contained in this report affects budget and/or other programs, and I request no action be taken until I have had an opportunity to respond at the meeting of December 10, 2002.

      Contact:  Weldon Rucker, City Manager, 981-7000

 

Information Reports

  1. Formal Bid Solicitations and Requests for Proposals (PDF, 191 KB)

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300
     

  2. Plan for Business License Outreach and Brochure (PDF, 338 KB) (CF 157-02)

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300
     

  3. Council Workshop on Density  (PDF, 6.91 MB) (CF 106-02)

    From:  Planning Commission

    Contact:  Carol Barrett, Planning, 981-7400
     

  4. Landmarks Preservation Commission Notices of Decision:  Approval of the Structural Alteration Permit for 2126 Bancroft Way, 2944 Elmwood Court and 2036 Shattuck Avenue (PDF, 1.53 MB)

    From:  City Manager

    Contact:  Carol Barrett, Planning, 981-7400
     

  5. Bio-Diesel Fuel Usage (PDF, 156 KB)

    From:  Public Works Commission

    Contact:  Rene Cardinaux, Public Works 981-6300
     

  6. Construction Tow-Away Zones (PDF, 75.4 KB) (CF 46-02)  

    From:  Public Works Commission

    Contact:  Jeffrey Egeberg, Secretary, 981-6406

 

Communications (PDF, 4 KB)

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

Eastshore State Park

1.   Judith Fitzpatrick

Vista Community College

2.   Howie Muir

Habitot

3.   Stevanne Auerbach

Truancy Issues

4.   Sam Herbert

Density in Berkeley:  Requirement, Policy, Framework and Standards

5.   Howie Muir (2)

 

Adjournment