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DRAFT
AGENDA
BERKELEY
CITY COUNCIL MEETING
Tuesday,
January 20, 2004 – 7:00
P.M.
Council Chambers,
2134 Martin Luther King Jr. Way
Roll Call
City Manager Comments: 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.
Public Comment:
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 carried over to the next regular meeting.
1.
Settlement Agreement: Sherry L. Lebeck v. City of Berkeley
From: City Manager
Recommendation: Adopt a Resolution
approving the settlement of the Alameda County Superior Court Action No. 2002
042972 entitled Sherry L. Lebeck v. City of Berkeley in the amount of $35,625.
Financial Implications: Public
Liability Fund – $35,625.
Contact: Manuela
Albuquerque, City Attorney, 981-6950
2.
Bay Trail Extension to Berkeley Marina: Mitigated Negative
Declaration
From: City Manager
Recommendation: Adopt a
Resolution adopting the Design Plan and Final Study/Mitigated Negative
Declaration and Mitigation Monitoring Plan for the Bay Trail Extension to the
Berkeley Marina project in accordance with the California Environmental Quality
Act (CEQA) and authorizing the City Manager to apply for grant funding for
project construction.
Financial Implications: None.
Contact: Mark
Seleznow, Planning, 981-6700
3.
Contract: Portable Toilet Rental and Service
From: City Manager
Recommendation: Adopt a Resolution
approving plans and specifications for the rental and service of portable
toilet units in City parks; accepting the proposal of Portosan Company; and
authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $60,000 for a 12-month period, with an option to renew for
two additional 12-month periods.
Financial Implications: Parks Tax Fund - $60,000.
Contact: Mark Seleznow, Parks, Recreation and
Waterfront, 981-6700
4.
Contract: Sanitary
Sewer Replacement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manger to execute an
amendment to the contract with Bay Pride Construction, Inc. for the Sanitary
Sewer and Drilled Pier Foundations Project, increasing the existing contract by
$22,000 for a total amount not to exceed $194,704 and extending the term to
April 7, 2004.
Financial Implications: Sewer Capital Improvement Fund - $22,000.
Contact: Rene Cardinaux, Public Works, 981-6300
5.
Fee Waiver: Transfer Station Remodeling Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to waive Planning
Department permit fees of $34,684 for the Transfer Station remodel project at
1201 Second Street.
Financial Implications: Interdepartmental
transfer of funds - $34,684.
Contact: Rene Cardinaux, Public Works, 981-6300
6.
Franchise Agreement: Cable Television Rates and Charges (Public Hearing continued
from 12/16/03)
a.
From: City Manager (December 16, 2003)
Recommendation: Conduct a public hearing to receive any oral or written comments on the
recent rate increase for basic cable television service and upon conclusion,
take no action, thereby allowing the rate increase to stand.
Contact: Chris
Mead, Information Systems, 981-6500
b.
Communications (December 16, 2003)
1. Barbara
Gilbert
7.
Appeal: 1600 Shattuck Avenue (Public Hearing continued from 10/21/03)
a. From:
City Manager (January
20, 2004)
Recommendation: Conclude the public
hearing and direct staff to prepare a Resolution and findings to approve a Use
Permit to establish a Sprint Wireless Communication Facility consisting of
three antennas on the rooftop and associated equipment in the basement at 1600
Shattuck Avenue
Financial Implications: None.
Contact:
Dan Marks, Planning, 981-7400
b.
From: City Manager (October 21, 2003)
Recommendation: Without taking any public comment at tonight’s meeting, continue
the public hearing to January 20, 2004 to allow adequate time for public review
of an engineering report providing independent evaluation of technical aspects
of the proposed project, and the attendance of all involved parties.
Contact: Dan
Marks, Planning, 981-7400
c.
From: City Manager (September 16, 2003)
Recommendation: Conduct a Public Hearing,
allowing each of the two appellants and the applicant five minutes each to
summarize their position, and continue the hearing until October 21, 2003 to
allow adequate time for public view of an engineering report providing
independent evaluation of technical aspects of the proposed project.
Contact: Dan
Marks, Planning, 981-7400
d.
From: City Manager (from June 17, 2003)
Recommendation: Open the public hearing, allow each of the two appellants and the
applicant five minutes each to summarize their position, and continue the
hearing until July 15, 2003 to allow completion of an engineering report providing
independent evaluation of technical aspects of the proposed project.
Contact: Phil Kamlarz, Planning, 981-7400
e.
Communications (from June 17, 2003– numbering follows original sequence)
1.
Frances Strassman (2)
2. Shahram
Shahruz (10)
3. Appellants:
Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe
4. Libby
Kelley
5. Jon-Erik
Beckjord
6. L.G.
7. Carol
Suveda
8. Marsha
Hiller
9. Vida
Bateau
f.
Supplemental Communications 1 (from June 17, 2003– numbering follows
original sequence)
17.
Supplemental Report submitted by City Manager
18. Shahram Shahruz
19. Dennis Martin,
Applicant Response to Appeals
g.
Supplemental Communications 2 (from June 17, 2003– numbering follows
original sequence)
33.
Michael Fried
h.
Communications (from September 16, 2003)
1.
Shahram Shahruz (24)
2.
107 Signed Petitions
3.
Mark Rhoades
4.
Leonard Schwartzburd (2)
5.
Doug Loranger (2)
6.
Vida Bateau (2)
7.
Robert Riedlinger
8.
Radiation Free Gourmet Ghetto (2)
9.
Ruth S. Clifford
10.
Helena Bautin
11.
Arianpour
12.
Jingang Yi, PhD
13.
Susan Clarke (2)
14.
Daniel Wolfe
15.
Val Peters
16.
Scott Wheeler
17.
Joan Levinson (2)
18.
Greg Bowman
19.
Ayn Lowry
20.
Jordan Rothstein
21.
Kathie Taylor and Neill Bourke
22.
Marianne Robinson
23.
Sarah Jones (2)
24.
Rand Knox
25.
Michael Marchant
26.
Connie and Kevin Sutton
27.
Helena Bautin
28.
Zach Cowan
29.
Carrie Olson
30.
Leonard Schwartzburd (3)
31.
Kriss Worthington
32.
Shahram Shahruz
33.
Frieda Feen
34.
Frank Harris
35.
Andrew Packard
36.
La Chanteuse
37.
PhoeBe ANNE (thomas/sorgen)
38.
Barb Wilkie
39.
Petitions from Kate Bernier, Rose Vekony, Andrew Joron and
Barbara Guest
40.
Frances Strassman
i.
Supplemental Communications 1 (from September 16, 2003– numbering follows
original sequence)
7.
Tanya Temkin
8. Laurie
Gold
9. Ami
Kronfeld
10. Sharam Shahruz (4)
11. Barbara Wilke
j.
Supplemental Communications 2 (from September 16, 2003– numbering follows
original sequence)
24.
Shahram Shahruz, Presentation
25.
Signed Petition, 1110 Signatures
k.
Communications (October 21, 2003)
1.
Shahram Shahruz (6)
2.
Frances Strassman
3.
Leonard Schwartzburd (2)
4.
Melinda E. Lopez (2)
5.
Dennis Martin
6.
Ruth S. Clifford
7.
Abhishek Singhal
l.
Supplemental Communications 1 (from October 21, 2003– numbering follows
original sequence)
17.
Leonard Schwartzburd (2)
m.
Communications (January 20, 2003)
1.
Matt Plumb
2.
Mika Bulmash
(2)
3.
Leuren Moret
(2)
4.
Shahram Shahruz
(3)
5.
Leonard
Schwartzburd
6.
Frances
Strassman
7.
Doug Loranger
8.
Connie Sutton
9.
Jingang Yi
10. Marianne Robinson
11. Klaus Rudolph
12. Susan Beazley
13. 104 Signed Petitions, submitted by Dennis
Martin
14. Mika Bulmash
15. Kathie Taylor and Neill Bourke
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.
