|
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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documents are presented in Adobe Acrobat PDF*, and will open in a new
browser window. Some files may exceed 1MB in size. File size
information is provided in parentheses. All items are available for
review at the City Clerk Department, (510) 981-6900.
*To
read PDF files, download a free copy of Adobe
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~~~~~~~~~~~~~~~~~~~~~
AGENDA
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, APRIL 1,
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.
Comments from Youth: A total of 15 minutes is designated to allow youth an
opportunity to address the Council.
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. Historical April 1st Agenda (PDF, 786 KB)
From: City Manager
Recommendation:
In recognition of the 125th Anniversary of the incorporation
of the City of Berkeley, accept a historical agenda, which presents actions
taken by prior Town and City Councils at meetings held on April 1st
in previous years.
Contact: Sherry M.
Kelly, City Clerk, 981-6900
2. Waive Council Rules for Meeting of April 8, 2003 (PDF, 76 KB)
From: City Manager
Recommendation:
Waive Council Rules of Procedure to allow action items be considered at
the Council meeting of April 8, 2003.
Contact: Sherry M.
Kelly, City Clerk, 981-6900
3. Approval of Minutes (PDF, 947 KB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of
March 18, 2003 a) work session and b) regular.
Contact: Contact:
Sherry M. Kelly, City Clerk, 981-6900
4. Lease: Trinity United Methodist Church
(PDF, 1.7 MB) (First reading – Unanimous
Vote)
From: City Manager
Recommendation: Adopt second 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
5. Rental Housing Safety Program
(PDF, 1 MB) (First reading – Noes – Breland; Abstain –
Maio)
From: City Manager
Recommendation: Adopt second 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
6. Prohibit Use of Dangerous and/or Sharp Material on Fences
(PDF, 151 KB) (First reading –
Unanimous)
From: City Manager
Recommendation: Adopt
second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section
23D.08.060.A to prohibit the use of dangerous and/or sharp material in or on
top of fences in residential districts and amortize existing structures under a
schedule.
Contact: Carol Barrett, Planning, 981-7400
7. Parking Permit Zone Designation - Relocation of Berkeley
Unified School District Parking (PDF, 185 KB)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 56,508-N.S. to create a
preferential parking zone in the vicinity of Old City Hall on Allston Way and
Martin Luther King, Jr., Way that will provide temporary replacement parking
for the Berkeley Unified School District (BUSD) during the construction of the
Public Safety Building Project parking lot and perimeter landscaping.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
8. FY 2003 Appropriations Ordinance Amendment (PDF, 2 MB)
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 $69,585,384.
Contact: Paul Navazio, City Manager, 981-7006
9. Crime Scene Supervisor Classification (PDF, 711 KB)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 61,840–N.S., Classification
and Salary Resolution for Local One Employees, to establish the classification
of Crime Scene Supervisor effective April 1, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
10. Grant: Used Oil and Filter Recycling (PDF, 299 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to: 1) submit grant
applications to the California Integrated Waste Management Board for all
available grants under the California Oil Recycling Enhancement Act for the
period of July 1, 2003 to June 30, 2008; 2) accept the grant in the amount of
$32,243 for 2004; and 3) execute the resultant revenue agreements and any
amendments.
Contact: Carol Barrett, Planning, 981-7400
11. Purchase Order: Alameda County CAL ID Computer Access Item (PDF, 118 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing an 1) increase to a purchase order to
Alameda County for CAL ID Remote Access by $37,000 for a total amount not to
exceed $62,000 for access to county computerized criminal records and 2)
establish an annual Purchase Order in an amount not to exceed $80,000 to
continue to access the county computerized criminal records for a total of 7
years from FY 2004 through FY 2010.
Contact:
Roy Meisner, Police, 981-5900
12. Purchase Order: Alameda County AWS Computer Access (PDF, 131 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing an 1) increase to a purchase order to
Alameda County for Automated Warrant System (AWS) formerly known as the
Personal Identification Number (PIN) System by $50,000 for a total amount not
to exceed $75,000 for access to the County computerized warrant records system
and 2) establish an annual Purchase Order in an amount not to exceed $90,000 to
continue to access the county computerized warrant records system for a total
of 7 years from FY 2004 through FY 2010.
Contact:
Roy Meisner, Police, 981-5900
13. Proclamation: Armenian Genocide Commemoration Day (PDF, 272 KB)
From: Councilmember Worthington
Recommendation:
Approve a proclamation declaring April 24, 2003 Armenian Genocide
commemoration day in Berkeley, to be presented at the April 8, 2003 meeting.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
14. Free the Cuban Five (PDF, 104 KB)
From: Councilmember Worthington
Recommendation:
Send a letter to President Bush to Free the Cuban Five who are in U.S.
federal prison.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action Calendar – Appeals
15. Appeals: 1600 Shattuck
Avenue
a.
From: City Manager (PDF, 2 MB)
Attachments:
Recommendation:
Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval
of the Use Permit to establish a Sprint Wireless Communication Facility
including 3 antennas on the rooftop and associated BTS (wireless
telecommunications) equipment in the basement, UP# 02-10000053, and dismissing
the appeal.
Contact: Carol Barrett, Planning, 981-7400
b.
Appeals
1. Frances
Strassman, Kaoru T. Reynolds, Shahram Shahruz, Simone Gaddini, Daniel Wolfe and
Patricia Cloud. (PDF, 616 KB)
2. Lawrence
Teeter on behalf of TanyaTemkin, Val Peters, Emily Freeman and Melinda Lopez
Contact: Sherry
Kelly, City Clerk 981-6900
c.
Communication
1. Addenda
to Appeal submitted by Frances Strassman, Shahram Shahruz, Kaoru Reynolds,
Simone Gaddini, Patricia Cloud, Daniel Wolfe
Part 1 (PDF, 13 MB)
| Part 2 (PDF, 9 MB)
2. Addendum
to Appeal submitted by Tanya Temkin, Val Peters, Emily Freeman and Melinda
Lopez (PDF, 5 MB)
Communications
Part 3 (#3-18) (PDF, 6.4 MB)
3. Klaus
Rudolph
4. Sarah
Jones
5. Shahram
Shahruz
6. Frances
Strassman (6)
7. Melinda
Lopez (2)
8. Cedar
Street Homeowners Association
9. Romy
Cochran
10. Saul Katz
11. Kyle Eggleston
12. Libby Kelley
13. Klaus Rudolph (2)
14. Gerard Hyland
15. Jeff Inman
16. Penny Hargreaves
17. Delbert Parkinson
18. William F. Allen
Communications
Part 4 (#19-54) (PDF,
6.5 MB)
19. Sean Brient
20. Jeffrey N. Saret
21. Frances Strassman
22. Jingang Yi
23. Michael Pahl
24. Fariborz Nadi
25. Gabriel Gomes
26. Himanshu
27. Lesley A. Pulaski
28. Sriram C.K.
29. Kurosh Arianpour
30. Sepanta Sekhavat
31. Heidi Heejune Kim
32. Camille Howard
33. Balaji Kannan
34. Shahram Shahruz,
Frances Strassman, Simone Gaddini (3)
35. Ali Imam
36. Riddhi Mehta
37. Kevin Sutton
38. Ahmed Shaer
39. Scott Wheeler (2)
40. Laura Munoz
41. Sue Beazley
42. Kay Bell
43. Mark Karwowski
44. Libby Kelley
45. Chris Pasarra
46. Adam Miller
47. Radi Free
48. Larry Thomas
49. Charlie Anderson
50. Ali Jabbari
51. Jennifer Chan
52. Balaji Kannan
53. Pauline
Pewther-Property Manager, Keely Property Management
54. Sausedo Company,
Dennis Martin for Sprint PCS
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 – Public
Hearing
16. 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, February 18, 2003, and March 18, 2003.)
a. From:
City Manager (PDF, 1 MB)
| Attachments
(PDF, 7 MB) (April 1, 2003)
Recommendation:
1) Conduct a public hearing to consider: a) Project 1 – 2508 and 2514/16 Benvenue Avenue – Appeal
of the Zoning Adjustments Board’s approval of a proposal to demolish 2
single-family dwellings at 2514 and 2516 Benvenue to allow for construction of
a 5-story mixed-use building, to include 23 new dwelling units and 22 dormitory
style beds (Group Living Accommodation); and at 2508 Benvenue, the renovation
and reconfiguration of the existing apartment building to add 6 dwelling units
to an existing 15-unit building for a total of 21 units (UP 01-10000075); and
b) Project 2 – 2500 Benvenue Avenue – Appeal of the Zoning
Adjustments Board’s approval of a proposal to renovate and reconfigure an
existing apartment building at 2500 Benvenue Avenue to add 12 dwelling units to
an existing 12-unit building for a total of 24 units (UP 02-10000021). 2) Upon conclusion of the public hearing,
consider the findings contained in the staff report and public testimony and
direct staff to prepare the appropriate project findings for Council’s action.
Contact: Carol Barrett, Planning, 981-7400
b. From: City Manager (PDF, 121 KB) (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 (PDF, 305 KB)
(February 11, 2003)
Recommendation: Adopt a Resolution overturning the decision
of the Landmarks Preservation Commission to designate the buildings at 2514 and
2516 Benvenue Avenue as Structures of Merit.
Contact: Carol Barrett, Planning,
981-7400
d. 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
e. Appeals
(December 10, 2002)
1. Sharon
Hudson–2508 and 2514 Benvenue Avenue–Use Permit 01-10000075 (ZAB) (PDF,
1.9 MB)
2. American
Baptist Seminary of the West–2514 and 2516 Benvenue Avenue (LPC) (PDF,
6.2 MB)
3. Sharon
Hudson–2500 Benvenue Avenue–Use Permit 02-10000021 (ZAB) (PDF,
2.1 MB)
Contact: Sherry Kelly, City Clerk 981-6900
f. Communications (PDF,
2.8 MB) (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
g. Supplemental Reports and Communications #1
(PDF, 1.2 MB) (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
h. Supplemental Reports and Communications #2
(PDF, 756 KB) (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
i. Supplemental Reports and Communications #3
(PDF, 469 KB) (December 10, 2002–numbering follows original sequence)
154. Planning
Department Revised Resolutions
155. Landmarks
Preservation Commission
j. Communications (January 21,
2003–numbering follows original sequence)
1. David
Levy (including updated drawings submitted by Aran Kaufer) (PDF,
4.9 MB)
2.
Jerry
Sulliger (2) (PDF, 187 KB)
3. Second
supplement submitted by Sharon Hudson dated January 9, 2003 (PDF,
7 MB)
4. Hearst-Curtis-Delaware
Neighborhood Association (PDF, 52 KB)
5. John
Caner (2) (PDF, 252 KB)
6. Third
supplement submitted by Sharon Hudson dated January 13, 2003 (PDF,
3.6 MB)
7. Paul
Vojta (PDF, 136 KB)
k. Supplemental Reports and Communications
#1 (PDF, 779 KB) (January 21,
2003–numbering follows original sequence)
11.
Margaret Keig
12.
Jeremy Balder
13.
Jon Vicars
14.
Matthew O’Hara
15.
Sharon Hudson (2)
16.
Kurt Schoeneman
17.
Kathryn Choy-Wong
18.
Laszlo Bonnyay
19.
Nancy Smith
l. Supplemental Reports and Communications
#2 (PDF, 5.7 MB) (January 21,
2003–numbering follows original sequence)
21. Revised
Resolution
22. Carol
D. Barrett, Planning – Recommendations for Project No.’s 1 and 2.
23. Sally
K. Sachs
24. “Dwight-on-the-Park”
25. “In
Berkeley, Strollers Find Art with Curb Appeal”
m. Communications (February 11,
2003–numbering follows original sequence)
34. Sharon
Hudson (PDF, 369 KB)
n.
Communications (March 18, 2003–numbering follows original sequence)
1. Jane
C. Redmont (PDF, 83 KB)
2. Paul
Vojita (PDF, 211 KB)
3. Bjorn
Poonen (PDF, 35 KB)
4. Doug
Buckwald (PDF, 111 KB)
5. Sharon
Hudson (PDF, 4.8 MB)
6. Morrison
& Foerster, LLP (PDF, 7.6 MB)
7. Althea
Grannum-Cummings (PDF, 34 KB)
o. Supplemental
Reports and Communications #1 (PDF, KB) (March 18, 2003–numbering follows original sequence)
8.
David C. Levy (4)
9.
Nancy E. Hall
10.
Sharon Hudson (3)
p. Communications (April 1, 2003)
1. Sharon Hudson (2): Part 1 (PDF, KB) | Part
2 (PDF, 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 – New
Business
17. Traffic Mitigation Measures*
a.
From: Vice Mayor Shirek (PDF, 104 KB)
Recommendation:
Adopt a Resolution approving the construction of standard traffic
circles at the intersections of Russell and Fulton Streets, Russell and
Ellsworth Streets, Ward and Fulton Streets, Ward and Ellsworth Streets, and
Stuart and Fulton Streets.
Contact: Maudelle Shirek, Councilmember District 3,
981-7130
b.
From: City Manager (PDF, 225 KB)
Recommendation:
Reaffirm the position the Council took on October 15, 2002 whereby
semi-permanent traffic circles would be installed in the Willard and LeConte
neighborhoods at locations where 65% or more of the survey respondents voiced
support for the proposed circles.
Contact: Peter Hillier, Transportation, 981-7000
18. Investment Report: Quarter Ending December 31, 2002 (PDF, 2 MB)
From: City Manager
Contact: Fran David, Finance, 981-7300
19. Notice of Decision: 2451 Shattuck Avenue - Non-designation as
City of Berkeley Landmark
(PDF, 342 KB)
From: City Manager
Contact: Carol Barrett, Planning, 981-7400
20. Installation of Curb Ramps within Crosswalks (CF 189-02) (PDF, 191 KB)
From: Public Works Commission
Contact: Jeff
Egeberg, Secretary, 981-6406
Council rules limit action on Communications to referral to the
City Manager and/or Boards and Commissions for investigation and/or
recommendations.
March 18, 2003 Special Meeting – Oxford Lot
1. Barbara
Gilbert
American Capital of Culture
2. Xavier
Tudela
War Against Iraq
3. Thomas
Anderson
Truck Shipments from LBNL Building 51
4. Robin
Wendt
Boycott of Claremont Hotel
5. Tom
Campbell
6. Robert
M. Berdahl
Homeless Programs
7. Bill
Brinton and Jim Hultman (2)
Housing Authority Representative Reassignment
8. Miles
Levinkind
