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. FY
2003 Appropriations Ordinance Amendment
From: City Manager
Recommendation: Adopt
first reading of an Ordinance amending the FY 2003 Annual Appropriations
Ordinance, Ordinance No. 6693-N.S., for Fiscal Year 2003 based upon recommended
re-appropriation of unexpended FY 2002 funding and other adjustments authorized
since July 1, 2002, in the amount of $45,547,292.
Contact: Paul
Navazio, City Manager, 981-7006
2. Contract:
Americans with Disabilities Act Self-Evaluation
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with Bruckner Consultants for conducting the Americans with
Disabilities Act Title II Self-Evaluation, for the period beginning March 25,
2003, through November 30, 2003, in an amount not to exceed $100,000.
Contact: Rene Cardinaux, Public Works, 981-6300
3. Purchase
Order: Temporary Employment Services - Apple One
From: City Manager
Recommendation:
Adopt a Resolution authorizing increasing the purchase order with Apple
One Employment Agency for an additional $15,000 in an amount not to exceed
$40,000 for temporary staffing for the City Clerk Department during the
election season and to provide other web related services.
Contact: Sherry Kelly, City Clerk, 981-6900
4. Purchase
Order: Temporary Employment Services -
Certified Personnel Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing increasing the purchase order with
Certified Personnel Services for an additional $3,000 in an amount not to
exceed $28,000 for temporary staffing for the City Clerk Department during the
election season and to provide for other support services.
Contact: Sherry Kelly, City Clerk, 981-6900
5. Lawrence
Berkeley National Laboratory Eco-Passes for Employees (PDF, 162
KB)
From: Councilmember Spring
Recommendation:
Ask the City Manager to write a letter to the Lawrence Berkeley National
Laboratory Director requesting that LBNL negotiate with AC Transit to make
eco-passes available for their employees.
Contact: Dona Spring, Councilmember District 4, 981-7140
6. Diesel
Buses on Cedar Street (PDF, 87 KB)
From: Councilmember Maio
Recommendation:
Send a letter to the AC Transit Board urging the elimination of diesel
buses on Cedar Street.
Contact: Linda Maio, Councilmember District 1, 981-7110
Action: Councilmember
Maio agreed to move this to March 25th as an action item at the
request of Councilmember Worthington.
7. Proclamation:
Celebrating the 30th Anniversary of Ashkenaz (PDF, 90
KB)
From: Councilmember Maio
Recommendation:
Approve a proclamation celebrating the 30th Anniversary of
Ashkenaz.
Contact: Linda Maio, Councilmember District 1, 981-7110
8. Precautionary
Principle Program (PDF, 699 KB)
From: Councilmembers Breland and Worthington
Recommendation: Adopt
a Resolution supporting the “precautionary principle” and referring to staff
the development and implementation of the Precautionary Principle Program to
inform decisions made by the City that have a potential impact on public
health, the environment, natural resources, sustainability, and quality of
life.
Contact:
Margaret Breland, Councilmember District 2, 981-7120; Kriss Worthington,
Councilmember District 7, 981-7170
Action:
Moved, seconded, carried (Bates/Hawley) to refer the item to
Councilmember Worthington to continue to work with the City Manager to develop
a time table, work plan, budget, and commission process.
Action Calendar – Public
Hearings
9. Fee
Increase: Echo Lake Youth Camp and Berkeley Day Camp
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution
approving an increase of fees for Echo Lake Youth Camp and Berkeley Day Camp
and rescinding Resolution No. 60,942–N.S.
Contact: Lisa Caronna, Parks, Recreation and Waterfront, 981-6700
10. Appeals:
2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500
Benvenue Avenue (Project 2, Use Permit 02-10000021) (This public hearing was continued from
January 21, 2003 and February 18, 2003)
a. From: City Manager (March
18, 2003)
Recommendation:
1) Conduct a public hearing to consider the CEQA analysis and Use Permit
for a group living accommodation to be added to Project 1 in place of the
proposed office floor area; 2) complete the public hearing on the balance of
the proposed Use Permits, Projects 1 and 2, that have been appealed; and 3)
upon conclusion close the Public Hearings and direct staff to prepare a
Resolution relevant to the proposed projects.
Contact: Carol Barrett, Planning, 981-7400
b.
From: City Manager (February 18, 2003)
Recommendation:
Without taking public testimony, continue the public hearing to the
meeting of March 18, 2003 to allow staff additional time to collect and analyze
the information requested by the Council on January 21, 2003.
Contact: Carol Barrett, Planning, 981-7400
c.
From: City Manager (December 10, 2002)
Recommendation:
Conduct a public hearing and upon conclusion: 1) Adopt a Resolution
affirming the decision of the Zoning Adjustments Board, based on the attached
record and findings and conditions, to approve the projects at 2508 and 2514 Benvenue
Avenue – (Project 1 – Use Permit 01-10000075) and remanding the decision of the
Landmarks Preservation Commission to designate the existing buildings at 2514
and 2516 Benvenue Avenue as Structures of Merit, with directions to vacate that
designation due to the effect of Government Code Section 37361; and 2) Adopt a Resolution affirming the decision
of the Zoning Adjustments Board, based on the attached record and findings and
conditions, to approve the project at 2500 Benvenue Avenue (Project 2 – Use
Permit 02-10000021) to allow the renovation and reconfiguration of an existing
apartment building and add 12 new units.
Contact: Carol
Barrett, Planning, 981-7400
d.
Appeals (December 10, 2002)
1. Sharon
Husdon–2508 and 2514 Benvenue Avenue–Use Permit 01-10000075 (ZAB)
2.
American Baptist Seminary of the West–2514 and 2516 Benvenue
Avenue (LPC)
3.
Sharon Hudson–2500 Benvenue Avenue–Use Permit 02-10000021
(ZAB)
Contact: Sherry
Kelly, City Clerk 981-6900
e.
Communications (December 10, 2002–numbering follows original sequence)
1. Bjorn
Poonen
2.
Ron Weaver
3.
Ian and April McDonald
4.
Anand Kulkarni
5.
Joseph Stubbs
6.
David Levy
7.
Sharon Hudson
8.
Dianne Ayres
9.
Tuan Nguyen
10.
Carl Boe
11.
John English
12.
Paul Vojta
13.
Elinor Roberts
14.
Michelle Pellegrin
15.
First supplement submitted by Sharon Hudson dated December 2,
2002
f.
Supplemental Reports and Communications #1 (December 10,
2002–numbering follows original sequence)
22. Revised
Resolutions (2)
23.
Karen Vuto
24.
Abel M. Morales
25.
Sally B. Woodbridge
26.
Gabriel Hermelin
27.
Margaret Keig
28.
Marie Onwubuariri
29.
Victor C. Magpoc
30.
Richard Register
31.
Whitney Bauman
32.
Sally Sachs
33.
Eileen M. Harrington
34.
Contact: Roy Meisner, Police, 981-5700
35.
Norman W. Brudigam, P.E.
36.
Dianne Ayers
37.
John Hykes
g.
Supplemental Reports and Communications #2 (December 10,
2002–numbering follows original sequence)
129.
Sharon Hudson
130.
Nancy Smith
131.
Jon-Barrett Havrilesko
132.
Jennifer Kaufer
133.
Karen Kho
134.
Michelle Holmes
135.
Kathryn Choy-Wong
136.
Karen DeWeese
137.
Benvenue Neighbors Association
h.
Supplemental Reports and Communications #3 (December 10,
2002–numbering follows original sequence)
154.
Planning Department Revised Resolutions
155.
Landmarks Preservation Commission
i.
Communications (January 21, 2003–numbering follows original sequence)
1. David
Levy (including updated drawings submitted by Aran Kaufer)
2. Jerry
Sulliger (2)
3. Second
supplement submitted by Sharon Hudson dated January 9, 2003
4. Hearst-Curtis-Delaware
Neighborhood Association
5. John
Caner (2)
6. Third
supplement submitted by Sharon Hudson dated January 13, 2003
7. Paul
Vojta
j.
Communications (March 18, 2003)
1. Jane
C. Redmont
2.
11. Denial
of Use Permits – 1155 Hearst Avenue (The public hearing was
continued from the Council meeting of December 17, 2002 for the purposes of
receiving testimony only on new issues raised and to receive a report from
staff on various matters raised by council members.)
a. From: City Manager (March
18, 2003)
Recommendation:
Hold a public hearing and upon conclusion, adopt a Resolution denying
the use permits for the project at 1155-63 Hearst Avenue, based on the
information in the staff’s report, and the findings and dismiss the appeal.
Contact: Carol Barrett, Planning, 981-7400
b.
From: City
Manager (February 11, 2003)
Recommendation:
Without taking public testimony, continue the public hearing to the
March 18, 2003 meeting to allow staff additional time to collect and analyze
the information requested by the Council on December 17, 2002.
Contact: Carol
Barrett, Planning, 981-7400
c.
From: City Manager (December 17, 2002)
Recommendation:
Hold a public hearing and upon conclusion, adopt a Resolution denying
the application for Use Permits to construction a 14-unit housing project at
1155 Hearst Avenue and dismissing the appeal.
Contact: Carol
Barrett, Planning, 981-7400
d.
From: City Manager (October 22, 2002)
Recommendation:
Set for public hearing 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
e.
Appeal–Lynda Hart
Contact: Sherry
Kelly, City Clerk 981-6900
f.
Communications (October 22, 2002–numbering follows original sequence)
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
g.
Supplemental Communication (October 22, 2002–numbering follows original
sequence)
1. Alice
Jorgensen
2. Howie
Muir
3. Rachel
Peterson
4. Kathleen
Kelly
5. Pinchas
Nagar
6. Julian
Lee
7. Ellen
and Howard Ruiz-Harrison
8. Vernon
Pruett
9. Alice
Landis
10. Lynda Hart
11. Stephen Wheeler
12. Karl Reeh
13. Rena Rickles
h.
Communications (December 17,
2002–numbering follows original sequence)
3.
John Snavely
4.
Erika Oba
5.
Rachael
Peterson-Executive Director, Urban Ecolgy
6.
Alan Wofsy, MCP
7.
Ruth Knapp
8.
Lynn Smith
9. Lynda
Winslow
i.
Supplemental Communications (December 17, 2002–numbering follows original
sequence)
31. Stuart M. Flashman
32. Carole
Schemmerling
33. Walter Wood
34. Richard Schwartz
35.
Neighbors of the Schoolhouse/Lincoln Creeks Watershed; Jose P.
Romero & Jennifer Mary Pearson
36. Rhoda Curtis
37. Stephen Wheeler
38. Alice Jorgensen
39. Dr. Juliet Lamont
& Dr. Phil Price
40. Fannie Brown
41. Howie Muir
42. Carrie Dovzak
43. Pinchas Nagar
44. Paul Shain
45. Letters from (12)
Individuals, Submitted by Paul Shain
46. Judith M. Shaw
47. Karl Reeh
48. Pam Ormsby
49. Rhiannon
50. Marcus B. Brown,
Jr.
51. Paul McDougall
52. Stephen Barton
53. Paul McDougall
54. Exhibit List
Submitted by Lynda Hart
55. Marc Mathieu
(includes photos)
56. Hoss Azimi
57. Project/Issues
Summary Submitted by the Planning and Development Department
58. Kimberly Kline
59. 1155 and 1157
Hearst Avenue Structure Fire Incident Reports (2)
60. Schematic of GC
65589.5 Applicability to Project and Findings
61. John Snavely
(photo)
62. 8 16’x20’ Posters
Submitted by John Snavely
j. Communications
(February 11,
2003–numbering follows original sequence)
1. Carol Thornton
2.
Leon Theriault
k.
Communications (March 18, 2003)
1. Carol Thronton
12. Appeals:
1725 Cedar Street
a. From:
City Manager (March
18, 2003)
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution, based
on the attached findings and conditions, approving Administrative Use Permit #
02-20000010 for a 693 sq. ft. major residential addition at 1735 Cedar Street,
and dismissing the appeals.
Contact: Carol Barrett, Planning, 981-7400
b.
From: City Manager (January 14, 2003)
Recommendation:
Adopt a Resolution affirming the Zoning Adjustments Board decision,
based on the record and the permit’s findings and conditions of approval,
regarding the Zoning Officer’s approval of 1735 Cedar Street, a 693 square-foot
major residential addition with roof deck, Administrative Use Permit #
02-2000010
Contact:
Carol Barrett, Planning, 981-7400
c.
Appeals
1. Marilyn
E. Saarni , Brian Morris and Margaret W. Saarni
2. Stephen
Shmanske and Marian Stevens
Contact: Sherry Kelly, City Clerk 981-6900
d.
Communications: (January 14, 2003–numbering follows original sequence))
1. Stephen
Shmanske and Marian L. Stevens –Addendum to Appeal
2. Adam
and Alice Pressman- Applicants
3. Tom
and Timna Harper
4. Abigail
Levinson Marks
5. Marianne
Scott
6. Lindsay
Scott and Andy Armstrong
e.
Communications: (March 18, 2003)
1.
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.
