Regular Meeting eAgenda
March 25
, 2003

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, March 25, 2003 – 7:00 p.m.

Preliminary Matters

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.

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.      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


Information Reports

22.  Formal Bid Solicitations and Request for Proposals (PDF, 219 KB)

From: City Manager

Contact: Fran David, Finance, 981-7200

23.  Information Relevant to Zoning Amendments (CF 114-01) (PDF, 1 MB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400


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.

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


Adjournment