Agenda Committee Item #5
Council Draft Agenda - September 26, 2006

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draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, september 26, 2006

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sherry M. Kelly, City Clerk, 981-6900.
 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

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:

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.   Conflict of Interest Code

From: City Manager

Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code and rescinding Resolution No. 62,642-N.S. (2004 Conflict of Interest Code).

Financial Implications: None

Contact: Sherry M. Kelly, City Clerk, 981-6900

2.   Contract: Computer Network Cabling

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Capitol Communications Inc. increasing the amount by $175,000 to cover additional cabling work on the computer network, for a total amount not to exceed $210,000, and extending the term to June 30, 2008.

Financial Implications: General Fund - $175,000

Contact: Chris Mead, Information Technology, 981-6500

3.   Contract: Environmental Analysis for Aquatic Park Improvement Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Laurel Marcus and Associates for design, engineering and environmental analysis of hydrology and habitat improvements at Aquatic Park in an amount not to exceed $372,264 for the period August 1, 2006 to December 31, 2007.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation and Waterfront, 981-6700

4.   Contract:  Inspections for Condominium Conversion Applications

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with 4Leaf, Inc. for condominium inspections, increasing the amount by $60,000 for a total not to exceed $84,999 and extending the term until June 30, 2009.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

5.   Parking Enforcement Mission and Policy Statement

From: City Manager

Recommendation: Adopt a Resolution endorsing the mission and policy statement which provides a clear message and direction to the residents of Berkeley, the Police Department and the Department of Public Works relative to parking enforcement goals.

Financial Implications: None

Contact: Douglas Hambleton, Chief of Police, 981-5700

6.   Amendment No. 2 to Alameda County Measure B Expenditure Plan

From: City Manager

Recommendation: Adopt a Resolution approving Amendment No. 2 to the 1986 Alameda County Transportation Expenditure Plan as proposed by the Alameda County Transportation Authority (ACTA) contingent on the approval of the same amendment by the Metropolitan Transportation Commission (MTC).

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

7.   Council Support for Proposition 89- Clean Money (PDF, 925 KB)

From: Mayor Bates

Recommendation: Support Proposition 89 – California Clean Money and Fair Elections Act on the ballot this November.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

8.   Funding to Non-Profit Organizations (PDF, 94 KB)

From: Councilmember Olds

Recommendation: Adopt a Resolution approving funding from Councilmember Olds’ office budget to several non-profit organizations as stated in the report.

Financial Implications: See report

Contact: Betty Olds, Councilmember District 6, 981-7160

9.   Protection of California State Park, San Onofre State Beach (PDF, 107 KB)

From:  Councilmember Spring

Recommendation: Adopt a Resolution: 1) endorsing the California State Park and Recreation Commission’s resolution opposing a proposed toll road alignment and request for action to protect San Onofre State Beach; 2) requesting the Foothill/Eastern Transportation Corridor Agency withdraw its plans to construct a toll road with an alignment through the state park; 3) directing the City Manager to refrain from acquiring any bonds for, or making other financial investments in, the Foothill-South Toll Road; and 4) sending a copy of this resolution to the Commission, Foothill/Eastern Transportation Corridor Agency, the California Governor, Attorney General and Treasurer, Resources Agency, Department of Parks and Recreation, and Department of Transportation.

Financial Implications: None

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

10. Expansion of Eco-Pass Program (PDF, 70 KB)

From: Councilmember Worthington

Recommendation: Support exploring the expansion of the Eco-Pass program to UC Berkeley, Alta Bates/Sutter Health, and other businesses along the Telegraph Avenue Corridor.

Financial Implications: None at this time.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action Calendar – Appeals

11. 2721 Shattuck Avenue  - Zoning Adjustments Board Appeal – Verizon

a.   From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b.      Appeal

1.      Ellen McGovern

c.      Communications

1.      Karl Reeh on behalf of LeConte Neighborhood Association

2.      Ellen McGovern

12. 2721 Shattuck Avenue Zoning Adjustments Board Appeal – Nextel

a.   From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #04-10000068 for a new wireless telecommunications facility (including twelve antennas and related equipment) for Nextel Communications at 2721 Shattuck Avenue and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b.   Appeal

1.      Ellen McGovern

c.      Communications

1.      Karl Reeh on behalf of LeConte Neighborhood Association

2.      Ellen McGovern

 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

13. 2104 Sixth Street

a.   From: City Manager (report of July 25, 2006)

Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND) and approve 1) the legalization of the demolition of 2104 Sixth Street; and 2) the reconstruction of the demolished portion of 2104 Sixth Street (UP#06-10000027), and dismiss the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b.      Appeal

1.   Jeff Hoffman on behalf of Friends of Oceanview-Sisterna Historic District (July 25, 2006)

c.       Communications

2.      None

14.            2104 Sixth Street 

a.   From: City Manager (report of July 25, 2006)

Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution affirming the decision of the Landmarks Preservation Commission (LPC) to approve the demolition of 2104 Sixth Street (Permit #06-40000003) and dismiss the appeal.

Financial Implications:  None

Contact: Dan Marks, Planning and Development, 981-7400

b.   Appeal

Jano Bogg on behalf of Friends of Oceanview-Sisterna Historic District (July 25, 2006)

 

c.   Communications

1.      None

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

15. Affordable Housing Mitigation Fee

From: City Manager

Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.065.B. to establish a sliding scale reduction in the maximum affordable housing mitigation fee for conversion of rental property to condominiums by owner-occupants.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

16. 2116 Allston Way, Gaia Building:  Implementation of Cultural Use Requirements From: City Manager

Recommendation: Accept the June 13, 2006 letter from Panoramic Interests as the implementation plan to prioritize cultural uses at the Gaia Arts Center and direct staff to report back to the City Council on the schedule of events in six months.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

17. BAPAC Proposals Concerning Additional Alcohol Regulations

From: City Manager

Recommendation: Refer to the Planning Commission amendments to Berkeley Municipal Code (BMC) sections 23B.20.010 and 23C.04.030 and chapters 23B.60 and 23B.64 and provide any additional policy directions regarding Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposals concerning additional alcohol regulations.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

18. 2007 City Council Meeting Schedule

From: City Manager

Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2007, with starting times of 7:00 p.m.

Financial Implications: None

Contact: Sherry M. Kelly, City Clerk, 981-6900

19. 2817 Eighth Street - Certify for Review and Remand to Zoning Adjustments Board

From: City Manager

Recommendation: Adopt a Resolution: 1) certifying the Zoning Adjustments Board's (ZAB) approval of Use Permit 05-100000116 application to demolish an existing single-family dwelling at 2817 Eighth Street and to construct a new building with four market-rate condominium dwelling units, on a lot of 7,315 square feet in the MU-R (Mixed Use-Residential) zoning district and 2) remanding the matter to ZAB for a new public hearing to reconsider the project as being subject to the City's inclusionary housing requirements.

Financial Implications: None

Contact: Dan Marks, Director, Planning and Development, 981-7400

20. Discussion of Sunshine Ordinance (PDF, 113 KB)

From: Kriss Worthington

Recommendation: Discuss and possibly decide policy matters in enacting a Sunshine Ordinance.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember District 7, 981-7170

21. License Agreement: Cal Sailing Club

a.   From: Waterfront Commission

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal of the License Agreement or a Lease with Cal Sailing Club (CSC) with no increase in fees.

Financial Implications: None

Contact: Cliff Marchetti, Secretary, Waterfront Commission, 981-6700

b.   From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Cal Sailing Club at the Berkeley Marina for a period of five years for a total license revenue amount of $38,240.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation and Waterfront, 981-6700

Information Reports

22. Quarterly Report: Crime In Berkeley

From: City Manager

Contact: Douglas N. Hambleton, Chief of Police, 981-5700

23. Early Voting Options

From: City Manager

Contact: Sherry M. Kelly, City Clerk, 981-6900

24. Storm Drain Cleaning Plan

From: City Manager

Contact:  Claudette Ford, Public Works, 981-6300

25. Regional Composting Facility

From: Zero Waste Commission

Contact: Tania Levy, Secretary, Zero Waste Commission, 981-6368

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Communication (or Agenda Item) Title

1.      Author

 

Adjournment