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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.
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.
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
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
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
