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AGENDA
BERKELEY CITY COUNCIL REGULAR MEETING
Tuesday,
March 25, 2003 – 7:00 p.m.
Roll Call:
Ceremonial Matters: In addition to those items
listed on the agenda, the Mayor may add additional ceremonial matters.
1. Proclamation for Annual
Poetry 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.
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. 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
2. Minutes for Approval (PDF, 1 MB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of
March 3 2003 (closed), and March 11, 2003 a) work session and b) regular.
Contact: Sherry Kelly, City Clerk, 981-6900
3. Lease: Trinity United Methodist Church (PDF, 1.7 MB)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing 1) a lease agreement
with Trinity United Methodist Church to provide facility space at 2362 Bancroft
Way for the Dorothy Day House/Catholic Worker Community Breakfast Program for
the period beginning May 1, 2003 through December 31, 2005 in an amount not to
exceed $67,733; and 2) authorizing five additional option periods of one year
each.
Contact: Stephen Barton, Housing, 981-5400
4. Contract: Transfer Station Remodel (PDF, 445 KB)
From: City Manager
Recommendation:
Adopt a Resolution: 1) approving plans and specifications for the
Transfer Station remodel project; 2) accepting the bid of Valentine Corporation
and authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $1,091,775 for a period of 180 calendar days; and 3) allocating
$608,462 from Refuse Fund Reserve for inclusion in the Transfer Station
Expansion Project.
Contact: Rene Cardinaux, Public Works, 981-6300
5. Contract: Public Safety Building Phase II, Construction of
Parking Lot (PDF, 256 KB)
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the Public
Safety Building Phase II, Construction of a secure parking lot for the Police
and Fire Departments; 2) accepting the bid of O.C. Jones & Sons, Inc.; and
3) authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $750,000.
Contact: Rene Cardinaux, Public Works, 981-6300
6. Proclamation: 125th
Anniversary of the City of Berkeley (PDF, 251 KB)
From: Mayor Bates
Recommendation:
Approve a Proclamation honoring April 1, 2003, as the 125th
Anniversary of Berkeley’s incorporation and encourage community members to join
in events, including the birthday celebration at the Civic Center Building.
Contact: Tom Bates, Mayor, 981-7100
7. Proclamation: 30th
Anniversary of Ashkenaz
(PDF, 99 KB)
From: Councilmember Maio
Recommendation:
Approve a Proclamation celebrating the 30th Anniversary of
Ashkenaz, a nationally recognized non-profit music and dance organization.
Contact: Linda Maio, Councilmember District 1, 981-7110
8. East Bay Peace March (PDF, 61 KB)
From: Councilmembers Maio and Spring
Recommendation:
Support the East Bay Peace March on Saturday, April 5, 2003, and
encourage attendance.
Contact: Linda Maio, Councilmember District 1, 981-7110
and Dona Spring, Councilmember District 4, 981-7140
9. Support SB921: The Health Care for All Californians Act (PDF, 243 KB)
From: Councilmember Hawley
Recommendation:
Request that the City Manager send letters of support to the authors and
co-sponsors of SB 921, the Health Care for All Californians Act, introduced in
the legislature on February 21, 2003 by State Senators Kuehl, Cedillo, Florez,
and Perata. Co-sponsors include
Assembly Members Goldberg, Hancock, Levine, Pavley, and Steinberg. In addition, inform our Sacramento lobbyist
of our support for this bill and ask that we be kept informed about its
progress in the legislature.
Contact: Miriam Hawley, Councilmember District 5, 981-7150
10. Amendments to the Brown Act and the Political Reform Act (PDF, 643 KB)
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to prepare a memo to the Council and all
commissions and boards explaining the applicability of new state law changes
regarding:
1) the Brown Act, prohibiting a person from disclosing
confidential information that has been acquired by being present in a closed
session, unless the legislative body has authorized disclosure of that
confidential information; and 2) the Political Reform Act, requiring a public
official who has a financial interest in a decision to a) publicly identify the
financial interest giving rise to the conflict and b) recuse himself or herself
from discussing and voting on the matter; and c) leave the room until after the
discussion, vote, and other disposition of the matter is concluded, unless the
item is on the consent calendar.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
11. Grant: HIV Rapid
Testing
a.
From: City Manager
(PDF, 300 KB)
Recommendation:
Adopt a Resolution authorizing the City Manager to: 1) submit a grant
application to the University AIDS Research Program, Community Collaborative
Awards in FY 2003 for funds in the amount of $40,000 to pilot and evaluate the
effectiveness of HIV rapid testing for individuals at highest risk for HIV
infection in Berkeley; 2) to accept the grant; 3) to execute any resultant
revenue agreements and amendments; and 4) authorizing the implementation of the
projects and appropriation of finding for related expenses, subject to securing
the grant..
Contact: Fred Medrano, Health and Human Services, 981-5110
b.
From: Peace and
Justice Commission
(PDF, 285 KB)
Recommendation:
Adopt a Resolution finding that no reasonable alternative exists under
Berkeley Municipal Code Section 12.90.070, the Nuclear Free Berkeley Act, and
approving waiver for a grant application in the amount of $40,000 from the
University of California AIDS Research Program, Community Collaborative Awards
for a pilot evaluation of HIV rapid testing for individuals at highest risk for
HIV infection.
Contact: Manuel Hector, Secretary, 981-5110
12. Proposed Construction of Molecular Foundry
a. From:
Peace and Justice Commission (PDF, 238 KB)
Recommendation:
Direct the City Manager to send a letter to Charles V. Shank, Director
of Lawrence Berkeley National Laboratory (LBNL), and our elected Congressional
and Senatorial representatives strongly urging that LBNL make use of the additional
time provided by the postponed meetings with University of California
administrators to schedule a public meeting regarding the construction and
operation of the molecular foundry; and requesting additional time for public
comment after the proposed public meeting.
Contact: Manuel Hector,
Secretary, 981-5110
b. From:
City Manager (PDF, 51 KB)
Recommendation:
The City Manager concurs with the recommendation of the commission.
Contact: Fred Medrano, Health and Human Services,
981-5110
Action Calendar – Appeals
13. Appeal: 2575-2577 San Pablo Avenue
a.
From: City Manager (PDF, 1 MB)
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments
Board to approve Use Permit 02-1000000011 to allow a 4 story mixed-use infill
building at 2575-2577 San Pablo Avenue with 28 senior housing units and 568 sq.
ft. of commercial space for a total floor area of 19,994 sq. ft. and dismissing
the appeal.
Contact: Carol
Barrett, Planning, 981-7400
b.
Appeals
1.
Douglas Press and Howie Muir (PDF, 10 MB)
Contact: Sherry Kelly, City Clerk, 981-6900
14. Appeal: 2323 Glen Avenue
a.
From: City Manager (PDF, 476 KB)
Recommendation:
Set for Public Hearing the appeal of the decision of the Zoning
Adjustments Board to approve a Variance and Use Permit #00-20000171 to
allow 1) construction of an 829 square foot addition to an existing single family
residence; and 2) to reduce the required rear yard setback from 18 feet to 17 feet.; and to 3) to reduce the required 30 foot setback
from a creek to 7 feet.
Contact: Carol Barrett, Planning, 981-7400
b.
Appeal
1. Phillip Price on behalf of Sierra Club, Urban Creeks Council,
Friends of Strawberry Creek and Center for Biological Diversity (PDF, 936 KB)
Contact: Sherry Kelly, City Clerk 981-6900
c.
Communications (PDF, 11 MB)
1. Addenda
to Appeal submitted on January 24, 2003, submitted by Juliet Lamont on behalf
of Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center
for Biological Diversity.
2. Anne-Marie
Lhermitte
3. Pam
Ormsby
4. Steve
Maranzana
5. Sigrid
and Ed Allen
6. Juliet
Lamont
7. Dale
Anania
8. C.
Bodenhorst
9. Paul
Shain
10. Carol Thornton
11. Norie Clarke
12. Lloyd and Sheila
Andres
13. Diane A. Tokugawa
14. Alan Gould
15. Janet Byron,
Friends of Strawberry Creek
16. Jennifer Amelia
Ellis
17. Carole
Schemmerling
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
15. Contract: Americans
with Disabilities Act Self-Evaluation (PDF, 474 KB) (Removed from Consent Calendar by Councilmember
Wozniak on March 18, 2003)
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 $87,800.
Contact: Rene Cardinaux, Public Works, 981-6300
Action Calendar – New
Business
16. Rental Housing Safety Program (PDF, 1 MB)
From: City Manager
Recommendation:
Adopt first reading of two ordinances amending Chapters 12.48 and 19.40
of the Berkeley Municipal Code (BMC) to make the following changes to the
Residential Rental Housing Safety Program: a) allow owners to submit a single
safety certification for all rental properties owned rather than a copy of the
completed Safety Certification Checklist provided to the tenant of each unit;
b) eliminate the requirement that owners notify the City when there is a change
in tenancy; c) require safety certification from owners of government-assisted
properties which are not required to be inspected annually; d) move the
requirement that certain rental properties have a live-in manager from Section
12.48 to the more appropriate Section 19.40; and e) require certification of
proper functioning of gas heaters every five years instead of every three
years.
Contact: Stephen Barton, Housing, 981-5400
17. Precautionary Principle Program *
a. From: Councilmembers Breland and Worthington (PDF, 779 KB)
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
b. From: City Manager (PDF, 73 KB)
Recommendation: Refer to staff for an analysis of potential
program implications prior to adoption.
The analysis will be part of the FY 2004 and FY 2005 budget
process. The Council has adopted a
moratorium on new programs that have resource implications, either financial or
for staff.
Contact: Arietta Chakos, City Manager, 981-7000
18. Sanitary Sewer Program Study (Held over from March 18, 2003)
a. From:
Public Works Commission (PDF, 1 MB)
Recommendation:
Direct the City Manager to improve the program in the following manner:
1) continue escalating the Sewer Fund income each year for such factors as
inflation and wage inflation, develop firm guidelines to discourage use of the
Sewer Fund to support other than the Sanitary Sewer Rehabilitation and
Maintenance Program, and increase the income as necessary to implement the program
additions noted below; 2) develop a rational for calculation and imposition of
indirect costs on all Special Funds; 3) reactivate a program to develop public
support for rehabilitation of upper laterals; 4) revise or enact ordinances
that simplify the issuance of citations to property owners when upper lateral
inspections show rehabilitation is required and direct staff to enforce same if
work is not done; 5) develop a plan to provide field measurements in selected
sub-basins to determine the reduction in wet weather flows resulting from
rehabilitation work accomplished to date; 6) encourage (and fund) establishment
of a computer-supported work measurement system which will interface with the
GIS system and payroll information on the HTE system to permit evaluation of
maintenance operations, support of work management efforts, and development of
budgetary support information; and 7) expand the Sanitary Sewer Program Master
Plan to include monitoring and upper lateral rehabilitation as required in the
Compliance Plan, provision for continuation of the Program after completion of
the Compliance Plan, and ongoing maintenance once the overall collection system
has been upgraded.
Contact: Jeff Egeberg, Secretary, 981-6406
b.
From: Citizens Budget Review Commission (PDF, 123 KB)
Recommendation: Support
the recommendations of the Public Works Commission resulting from their study
of the Sanitary Sewer Program. The
recommendations of the Public Works Commission compliment and are consistent
with recommendations made by the Citizens’ Budget Commission in its report to
the City Council of May 28, 2002.
Contact:
Phil Kamlarz, Secretary, 981-7006
c.
From: City Manager (PDF, 371 KB)
Recommendation: The
City Manager concurs with the scope of the recommendations of the Public Works
Commission and requests that recommendations with fiscal implications be
referred to the budget process for evaluation and consideration.
Contact: Rene Cardinaux, Public Works, 981-6300 and Phil
Kamlarz, Deputy City Manager, 981-7006
19. Feasibility of Consolidation and Discontinuing some
Commissions
a.
From: Citizens Budget Review Commission
(PDF, 1 MB)
Recommendation:
Authorize the commission to evaluate the status of certain boards and
commissions in order to develop recommendations for possible commission
consolidation or elimination.
Contact: Phil
Kamlarz, Secretary, 981-7006
b.
From: City Manager
(PDF, 76 KB)
Recommendation: The
City Manager concurs with the recommendation of the commission.
Contact: Weldon Rucker, City Manager, 981-7000
20. Concept and Taskforce for a Pilot Car Free Day (PDF, 302 KB)
a.
From: Transportation Commission
Recommendation:
Adopt a Resolution endorsing the concept of a pilot Car Free Day in
Berkeley and approving a task force in order to implement this event per the
recommendations of the commission. The
Car Free Day Task Force will present a detailed plan to Council for approval
prior to implementation in Fall 2003.
Contact: Peter Hillier,
Secretary, 981-7000
b.
From: City Manager
Recommendation: The
recommendations contained in this report affect budget and/or other programs.
Please refer to the budget process.
Contact:
Peter Hillier, Transportation, 981-7000
21. Prohibit Use of Dangerous and/or Sharp Material on Fences
a.
From: City Manager (PDF, 1 MB)
Recommendation:
1) Determine whether to adopt first reading of an Ordinance amending
Berkeley Municipal Code (BMC) Section 23D.08.060.A to delineate additional
prohibited sharp materials to be incorporated within or attached to a fence in
a residential district and prohibiting repair or expansion of such features as
to an existing fence. 2) Determine
whether to include in such ordinance a requirement that existing non-conforming
fences containing sharp materials be removed pursuant to an amortization
schedule. 3) If the determination is made to adopt the ordinance requiring
removal of existing non-conforming fences, then remand to the Planning
Commission and direct it to conduct a public hearing on the revised ordinance
and appropriate amortization schedule, after giving prior written notice to any
known affected property owners.
Contact: Carol Barrett,
Planning, 981-7400
b.
From: Planning Commission (PDF, 877 KB)
Recommendation: Adopt
first reading of an Ordinance amending Berkeley Municipal Code Section
23D.08.060.A(1) to prohibit sharp materials to be attached to a fence in a
residential district and requiring removal of any such fence within one year.
Contact:
Ruth Grimes, Secretary, 981-7481
Council rules limit action on Communications to referral to the
City Manager and/or Boards and Commissions for investigation and/or
recommendations.
Precautionary Principle Resolution
1.
Tom Lent
2.
Davis Baltz, M.S.
3.
Michael Gelobter
4.
Jeanne Rizzo
5.
Susan Lee
6.
Barbara A. Brenner
Marina Plan
7.
Norman La Force
Shattuck Self Storage
8.
Bill Brinton
Invalid Citation Complaint
9.
Ray Dobard
ADA Mandated Accessible Pathways
10.
Karen Craig
Emergency Town Meeting
11.
Tom Kelly
War on Iraq
12.
Mark A. Goldman
Molecular Foundry and Lawrence Berkeley National Laboratory
13. Janice
Thomas-President, Panoramic Hill Association
