Rules Committee Actions Summary
Council Draft Agenda - January 21, 2003

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Tuesday, January 21, 2003

Actions Taken By Rules Committee

The Rules Committee approved the draft agenda with the exception of actions as noted.

Preliminary Matters

Roll Call:  7:00 p.m.

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 held over to the next meeting unless the City Manager requests action due to priority.

1.      Contract: Landfill Postclosure Monitoring and Maintenance Project

From: City Manager

Recommendation:   Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SCS Field Services, for an amount not to exceed $250,000, for the engineering services for the landfill postclosure monitoring and maintenance project at Cesar Chavez Park, for the period of February 2, 2003 to March 31, 2006, with an option to extend the contract for one additional year.

Contact: Rene Cardinaux, Public Works, 981-6300

2.      Contract: Roof Repairs and Replacement at Various Locations

From: City Manager

Recommendation:   Adopt a Resolution approving the plans and specifications for roof repairs and replacement at various locations; accepting the bid of State Roofing Systems, Inc. and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders in an amount not to exceed $107, 400.

Contact: Rene Cardinaux, Public Works, 981-6300

3.     Approval for Mayor to Assist with Ed Roberts Campus Funding (PDF, 399 KB)

From:  Mayor Bates

Recommendation:   Authorize the Mayor to communicate the City’s support of funding for the Ed Roberts Campus (ERC) and to communicate that support to the University of California (UC), state of California, federal, and private organizations.  This work cannot include discussion in land use or design issues related to the ERC’s proposal currently before the Zoning Adjustments Board.

Contact:  Tom Bates, Mayor, 981-7100

4.     Status Report on Harrison Street Playing Fields and Skateboard Park (PDF, 139 KB)

From:  Councilmember Spring

Recommendation:   Request the City Manager schedule a status report on the air and ground pollution issues occurring at Harrison Street Playing Fields and Skateboard Park.

Contact:  Dona Spring, Councilmember District 4, 981-7140

Action:  Requested City Manager Information Report be presented at January 21, 2003 meeting.

Action Calendar – Public Hearings

5.      Appeals: 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)

a.      City Manager Report ( see agenda packet of 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

b.      Appeals (see agenda packet of 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)

c.       Communications (see agenda packet of December 10, 2002)

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

16.  Revised Resolutions (2)

17.  Karen Vuto

18.  Abel M. Morales

19.  Sally B. Woodbridge

20.  Gabriel Hermelin

21.  Margaret Keig

22.  Marie Onwubuariri

23.  Victor C. Magpoc

24.  Richard Register

25.  Whitney Bauman

26.  Sally Sachs

27.  Eileen M. Harrington

28.  Norman W. Brudigam, P.E.

29.  Dianne Ayers

30.  John Hykes

31.  Sharon Hudson

32.  Nancy Smith

33.  Jon-Barrett Havrilesko

34.  Jennifer Kaufer

35.  Karen Kho

36.  Michelle Holmes

37.  Kathryn Choy-Wong

38.  Karen DeWeese

39.  Benvenue Neighbors Association

40.  Planning Department Revised Resolutions

41.  Landmarks Preservation Commission

d.      Communications (January 21, 2003)

6.      Increase Cost Per Square Foot of Building Valuation for Construction Projects

From:  City Manager

Recommendation:  Conduct a public hearing, and upon conclusion adopt a Resolution: 1) establishing the cost per square foot schedule published by the International Conference of Building Officials (ICBO) as the basis for calculating building valuation and building permit fees for new construction; and 2) establishing the policy of valuing construction projects determined to be a remodel or renovation at up to seventy-five percent of the value of new construction.

Contact: Carol Barrett, Planning, 981-7400

Action:  Withdrawn and rescheduled to February 18, 2003 by City Manager.

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.


Items Not Approved by Rules Committee

Council Rules of Procedure require that if the Auditor or a Councilmember desires to place an item, not approved by the Rules Committee, on the Council's agenda, the report is to be listed on this section of the Agenda.  The item may be discussed and acted upon only upon passage of a Council motion to take up the matter contrary to the determination of the Rules Committee.


Information Reports

7.      Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

8.      Post 9/11 Public Safety (CF-17-02)

From: City Manager

Contact: Reginald Garcia, Fire, 981-3473



Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Marina Master Plan

1.      Paul Kamen

Bus Shelters

2.      Karen Craig

Florence Street Sign

3.      Grace Telcs

Density in Berkeley

4.      Howie & Connie Muir