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DRAFT 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.
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
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
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. 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
4. Lease: Trinity United Methodist Church
From: City Manager
Recommendation:
Adopt an Ordinance authorizing 1) a lease agreement with Trinity United
Methodist Church to provide facility space for the Dorothy Day House/Catholic
Worker Community Breakfast Program for the period beginning May 1, 2003 through
December 31, 2005; and 2) authorizing five additional option periods of one
year each.
Contact: Stephen Barton, Housing, 981-5400
5. Contract: Transfer Station Expansion
From: City Manager
Recommendation:
Adopt a Resolution : 1) approving plans and specifications for the
Transfer Station Expansion 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
6. Contract: Public Safety Building Phase II, Construction of the
Secure Parking Lot for the Police and Fire Departments
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the Public
Safety Building Phase II, Construction of the Secure Parking Lot for the Police
and Fire Departments; 2) accepting the bid of O.C. Jones & Sons, Inc.; 3)
waiving permit fees; and 4) 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
7. Proclamation: 125th
Anniversary of the City of Berkeley (PDF, 252 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 Berkeley’s birthday events, including the birthday celebration at the Civic
Center Building.
Contact: Tom Bates, Mayor, 981-7100
8. Proclamation: 30th
Anniversary of Ashkenaz (PDF, 99 KB)
From: Councilmember Maio
Recommendation:
Approve a proclamation celebrating the 30th Anniversary of
Ashkenaz.
Contact: Linda Maio, Councilmember District 1, 981-7110
9. 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
10. Recycling of Plastic Disposable Diapers
(PDF, 243 KB)
From: Councilmember Maio
Recommendation:
Send a letter to the State Senate in support of Senator Don Perata’s
legislation to encourage the recycling of plastic disposable diapers.
Contact: Linda Maio, Councilmember District 1, 981-7110
11. 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
12. 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
13. Electronic Waste Recovery
(PDF, 563 KB)
From: Councilmember Spring
Recommendation:
Refer the attached draft Ordinance to the City Manger for evaluation,
which would require retailers of electronic products to take back any hazardous
electronic equipment free of charge at point of purchase or to otherwise
establish and finance a convenient recovery system.
Contact: Dona Spring, Councilmember District 4,
981-7140
14. Proposed Construction of Molecular Foundry
(PDF, 290 KB)
a.
From: Peace and Justice Commission
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
Recommendation:
The City Manager concurs with the recommendation of the commission.
Contact: Fred
Medrano, Health and Human Services, 981-5110
Action Calendar – Appeals
15. Appeal: 2575-2577 San Pablo Avenue
a.
From: City Manager
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
Contact: Sherry Kelly, City Clerk, 981-6900
c.
Communications
1.
16. Appeal: 2323 Glen Avenue
a.
From: City Manager
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
Contact: Sherry Kelly, City Clerk 981-6900
c.
Communications
1. Anne-Marie
Lhermitte
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 – New
Business
17. Rental Housing Safety Program
From: City Manager
Recommendation:
Adopt first reading of two ordinances amending Chapters 12.48 and 19.40
of the Berkeley Municipal Code to make the following changes to the
ResidentialRental Housing Safety Program: a) allow owners to submit to the City
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
18. Precautionary Principle Program
(PDF, 780 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
19. Sanitary Sewer Program Study
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
20. Feasibility of Consolidation and Discontinuing some
Commissions (PDF, 271 KB)
a.
From: Citizens Budget
Review Commission
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
Recommendation: The
City Manager concurs with the recommendation of the commission.
Contact: Weldon Rucker, City Manager, 981-7000
21. 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
22. Prohibit Use of Dangerous and/or Sharp Material on Fences
a.
From: City Manager
Recommendation:
1) Adopt first reading of an Ordinance amending Berkeley Municipal Code
(BMC) Section 23D.08.060.A(1) to prohibit sharp materials to be incorporated
within or attached to a fence in a residential district and prohibiting repair
or expansion of any such fence and requiring removal of existing fences with
sharp materials within a 15 year period and 2) authorizing the Planning
Department to remove the fence located at 2328 Derby Street immediately.
Contact: Carol Barrett,
Planning, 981-7400
b.
From: Planning Commission
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
