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.
Minutes for Approval (PDF, 363 KB)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 11 (closed)
October 18, 2005 (special and regular) and October 25, 2005 (special and
regular).
Financial Implications: None
Contact: Sara T. Cox, City
Clerk, 981-6900
2.
Needle Exchange Emergency Distribution (PDF, 22 KB)
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a
local emergency with regard to HIV transmission from use of HIV-Infected
Needles among injection drug users, and authorizing the local health officer to
take steps to enable the operation of Needle Exchange Emergency Distribution.
Financial Implications: None
Contact: Sara T. Cox, City
Clerk, 981-6900
3.
Contract: Pre-Apprenticeship Training (PDF, 146 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any
amendments with the Oakland Private Industry Council for pre-apprenticeship
construction training to be provided by the Cypress Mandela/Women in Skilled
Trades Program for the period December 1, 2005 through December 31, 2006 in
amount not to exceed $44,800.
Financial Implications: General Fund $44,800
Contact: Fred Medrano,
Health and Human Services, 981-5100
4.
Measure A Funds: School Nurse Project (PDF, 115 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept Measure A funds
from Alameda County in the amount of $225,000 to develop a system for families,
teachers, and school staff to refer elementary school-aged children and their
families to Public Health Nursing; to execute any resultant revenue agreements
and amendments; and authorizing the implementation of the projects and
appropriation of funding for related expenses, subject to securing the funding.
Financial Implications: Alameda County School Nurse Fund - $225,000
Contact: Fred Medrano,
Health and Human Services, 981-5100
5.
Purchase of Property for the Codornices Creek Project
(PDF, 349 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing
purchase from Alameda County of tax-defaulted real property, Assessor’s Parcel
Number (APN) 060-2385-10, required for the Lower Codornices Creek Restoration
and Site Improvement Project in an amount not to exceed $2,200.
Financial Implications: Parks Tax Fund - $2,200
Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700
6.
Grant: Hazardous Materials Emergency Planning (PDF, 145
KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) accept grant funds
in the amount of $42,000 from the Governor’s Office of Emergency Services (OES)
for a Comprehensive Emergency Planning Project; 2) execute any resultant
revenue agreements and amendments; and, 3) authorize the implementation of
projects and appropriation of funding for grant-related expenses.
Financial Implications: Grant Revenue - $42,000; $8,400 matching funds
(staff time)
Contact: Dan Marks, Planning
and Development, 981-7400
7.
Contract: Sanitary Sewer Project (PDF, 382 KB)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary
Sewer Project located at Shattuck Avenue between University Avenue and Rose
Street; accepting the bid of Insituform Technologies, Inc.; and authorizing the
City Manager to execute a contract and any amendments in an amount not to
exceed $300,091 from the Sewer Capital Improvement Fund for the period of 120
calendar days.
Financial Implications: Sewer Capital Improvement Project - $300,091
Contact: Claudette R. Ford,
Public Works, 981-6300
8.
Ed Roberts Campus Transportation for Livable Communities Grant
Application (PDF, 22 KB)
From: Mayor Bates and Councilmembers Anderson and Worthington
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant
application to the Alameda County Congestion Management Agency (CMA)
Transportation for Livable Communities (TLC) Capital Program, FY 2006-09 for
funds in an amount up to $3,000,000 in FY2006-07 for transportation
enhancements related to the Ed Roberts Campus at the Ashby BART Station; and
accept the grant, and execute any resultant agreements and amendments.
Financial Implications: Grant Revenue - $3,000,000; no matching funds
required
Contact: Tom Bates, Mayor,
981-7100; Max Anderson, Councilmember District 3, 981-7130; Kriss Worthington,
Councilmember District 7, 981-7170
9.
Heat Illness Regulation (PDF, 23 KB)
From: Councilmember Worthington
Recommendation: Urge the California State Occupational Safety and Health
Administration (Cal/OSHA) to create a
permanent and vigorously enforced heat illness regulation.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
10.
Support UC Students Association (PDF, 24 KB)
From: Councilmember Worthington
Recommendation: Support the
University of California Students Association in urging the UC Regents to vote
against a proposed student fee increase and vote for a restoration of the
original 33% return to institutional aid policy.
Financial Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
11.
Ellis Bill Relocation Fees (PDF, 254 KB)
a. From:
Rent Stabilization Board
Recommendation: Adopt the first reading of an Ordinance amending
Berkeley Municipal Code (BMC) Section 13.77.055 to require relocation allowance
payments to all tenants evicted pursuant to California’s Ellis Act.
Financial Implications: None
Contact: Jay Kelekian, Rent Stabilization Board, 644-6128
b.
From: City Manager
Recommendation:
The City Manager concurs with the content and recommendations of the
report.
Contact: Phil Kamlarz, City
Manager, 981-7000
12.
Downing Street Memo (PDF, 162 KB)
a. From: Peace and Justice Commission
Recommendation: Adopt a Resolution directing the City Manager to send a letter urging
prompt answers to the questions raised by the Downing Street memo and related
information per House Resolution No. 375, along with a copy of the Council
Resolution on this matter, to President Bush; and that copies be sent to
Representatives John Conyers, Jr., Barbara Lee and Tom Lantos, and Senators
Barbara Boxer and Dianne Feinstein.
Financial Implications: None
Contact:
Manuel Hector, Commission Secretary, 981-5110
b. From: City Manager
Recommendation: The City Manager takes no position concerning the recommendations of the
Commission.
Contact:
Fred Medrano, Health and Human Services, 981-5100
13.
Humanitarian Aid for Victims of Disasters (PDF, 132 KB)
a. From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging the United States to accept international
offers of medical and humanitarian aid for victims of disasters without regard
to partisan political calculations, and send a copy of this Resolution along
with a cover letter to President George Bush, Senators Barbara Boxer and Dianne
Feinstein, and Representative Barbara Lee.
Financial Implications:
Contact: Manuel Hector, Secretary,
981-5110
b. From: City Manager
Recommendation: The City Manager takes no
position concerning the recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action
Calendar – Appeals
14.
1532 Martin Luther King, Jr. Way - Use Permit No. 04-10000079
a. From: City Manager
(PDF, 182 KB)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
(ZAB) to approve Use Permit No. 04-10000079 to demolish an existing dwelling
unit in order to construct three dwelling units, and dismissing the appeal.
Financial Implications: None
Contact: Dan Marks, Planning
and Development, 981-7400
b.
Appeals
1.
Kiran and Laura Singh, Emma Davenport, Gabriel and Jennifer
Griego, Kim Kruckel and Danny Baptista, Gus Baldauf and Ashley Hamlett
(PDF, 549 KB)
c. Communications
1. Wallace
Whittier (PDF, 483 KB)
15.
2235 Derby Street - Use Permit No. 05-10000043
a. From: City Manager
(PDF, 177 KB)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
to approve Use Permit No. 05-10000043 to add 55 square feet to a single-family
dwelling that is non-conforming due to density and setbacks and allow an
increase in height from 10 feet six inches to 13 feet, 11 inches.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Peter
J. Mutnick (PDF, 724 KB)
c. Communications
1. Peter
J. Mutnick (PDF, 549 KB)
16.
1617 Seventh Street - Administrative Use Permit No.
04-20000158
a. From: City Manager
(PDF, 171 KB)
Recommendation: Adopt a Resolution remanding the decision of the Zoning Adjustments Board
(ZAB) to eliminate a condition of approval in Administrative Use Permit No. 04-20000158 to construct a 525
square-foot habitable accessory building with one parking space, with an
average height of ten feet, located four feet, six inches from the property
line.
Financial Implications: None
Contact: Dan Marks, Planning
and Development, 981-7400
b. Appeal
1. Guillermo
Pulido (PDF, 858 KB)
c. Communications
1. Guillermo
Pulido (PDF, 85 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 – Public Hearing
17.
2901 Otis Street -
Landmarks Preservation Commission Designation as Structure of Merit
a. From:
City Manager (PDF, 13 MB) (October
18, 2005)
Recommendation: Review the appeal of Landmarks Preservation Commission decision to
designate the building at 2901 Otis Street as a Structure of Merit, and set the
matter for public hearing on November 15, 2005.
Financial Implications: None
Contact:
Dan Marks, Planning and Development Director, 981-7400
b. Appeal
1. Eric
Geleynse, Xin Jin and Danny Tran (PDF, 2 MB)
c. Communications
(November 15,
2005)
1. D.
Mayeron
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
18.
2901 Otis Street
a. From: City Manager
(PDF, 13 MB) (October
18, 2005)
Recommendation: Review the appeal of the Zoning Adjustments Board decision regarding 2901
Otis Street, to approve: 1) a permit to remove roof and more than 50 percent of
exterior walls of existing dwelling; 2) a permit to construct two additional
dwelling units; and 3) an Administrative Use Permit to locate two parking
spaces within 10 feet of rear windows of proposed building, and set for a
public hearing.
Financial Implications: None
Contact: Dan Marks, Planning
and Development, 981-7400
b. Appeal
1. David
Ramin, Shari Ser and D. Mayeron (PDF, 643 KB)
c. Communications
(November 15,
2005)
1. D.
Mayeron (PDF, 333 KB)
2.
David
Ramin, Shari Ser, D. Mayeron (PDF, 99 KB)
d. Communications
(October 18,
2005)
1. David
Ramin, Shari Ser, D. Mayeron and Ross Blum (PDF, 375 KB)
e. Supplemental
Reports and Communications #1 (October 18, 2005 -
Numbering follows original sequence)
28. Robert Lauriston
(PDF, 338 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.
19.
Objections to Property Lien Against 2020 Third Street and 651
Addison Street (PDF, 7 MB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution
rejecting the property owner’s objection to the cost of the administrative
fines issued to him for his failure to comply with the summary abatement
provisions of a Notice and Order declaring his property at 651 Addison Street
and 2020 – 2060 Third Street (the Drayage building) a Fire Hazard, Unsafe
Building and Public Nuisance, and allowing the property lien to be recorded as
written and approved by the Fire Marshal and City Manager.
Contact: Debra Pryor, Fire,
981-3473
20.
Downtown Berkeley Business Improvement District Assessment
(PDF, 29 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt
two Resolutions:
1) confirming the 2006 Annual Report of the Downtown Business Improvement
District (BID) and levying an annual assessment for the Downtown BID for
calendar year 2006; and 2) authorizing the City Manager to execute a sole
source contract and any amendments with the Downtown Berkeley Association Main
Street Program for $250,000 of Downtown BID funds to support Downtown
revitalization.
Financial Implications: BID Revenue - $250,000
Contact: Thomas A. Myers,
Economic Development, 981-7530
21.
Solano Avenue Business Improvement District Assessment
(PDF, 148 KB)
From: Economic Development
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution
confirming the 2005 Annual Report of the Solano Avenue Business Improvement
District (BID), thereby levying an annual assessment for the Solano Avenue BID
for calendar year 2006; and adopt a Resolution authorizing the City Manager to
execute a sole source contract and any amendments with the Solano Avenue
Association for $35,000 of BID funds.
Financial Implications: BID Revenue - $35,000
Contact:
Thomas A. Myers, Economic Development, 981-7530
