Agenda Committee Item #5
Council Draft Agenda - January 18, 2005

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Tuesday, January 18, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way


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:  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 taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Administrative Citation Procedures

From: City Manager

Recommendation:  Adopt the second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.28 in order to: 1) increase the period for requesting a hearing to contest an administrative citation from 14 to 21 days; 2) require issuance of “fix-it” tickets in specified cases; and 3) clarify the burden of going forward with the evidence and the burden of proof in administrative hearings.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.      John Hoppin v. City of Berkeley

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 04 154992 entitled John Hoppin v. City of Berkeley in the amount of $29,500.

Financial Implications: Public Liability Fund – $29,500.

Contact: Manuela Albuquerque, City Attorney, 981-6950

3.      Agreement: California Department of Transportation (CALTRANS) for Federal and/or State Funding for Spruce Street Reconstruction

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute any agreements and amendments with the California Department of Transportation to claim federal and/or state funding for certain Transportation Projects through the California Department of Transportation.

Financial Implications: Grant revenue – $1,651,000; Street Capital Improvement Project budget – $850,000 matching funds.

Contact: Rene Cardinaux, Public Works, 981-6300

4.      Kyoto Protocol (PDF, 21 KB)

From: Councilmembers Spring, Worthington, Maio and Anderson

Recommendation: Join KyotoUSA and adopt a Resolution endorsing the Kyoto Protocol calling for the reduction of greenhouse emissions and urging the U.S. government to join most of the other nations of the world in their commitment to reduce emissions to address the threat posed by global warming.

Contact: Dona Spring, Councilmember District 4, 981-7140; Kriss Worthington, Councilmember District 7, 981-7170; Linda Maio, Councilmember District 1, 981-7110; Max Anderson, Councilmember District 3, 981-7130

Action Calendar – Appeals

5.      2615 Marin Avenue

a.      From: City Manager

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of Use Permit #03-10000069, to construct a single-family dwelling, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

b.      Appeal:

1.      Kimberly Kline and Stephen Branam

2.      Daphne Kalmar

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 – Public Hearing

6.      Property Lien: 1340 Sixth Street

a.      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 nuisance abatement at 1340 Sixth Street, and allowing the property lien to be recorded as written and approved by the Manager of Environmental Health, Director of Health and Human Services and City Manager.

Financial Implications: General Fund – $6,399.

Contact: Fred Medrano, Health and Human Services, 981-5100

b.      Appeal

1.      Ken David 

c.       Communications

1.      Ken David

2.      Kenneth W. Pritikin, Foley McIntosh Frey & Claytor

7.      Marin Avenue Reconfiguration

a.      Presentation by Transportation Department

Contact: Peter Hillier, Transportation, 981-7010

b.      From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adopting a Negative Declaration for the Marin Avenue Reconfiguration Project and directing staff to proceed toward implementation of the project and submit a combined funding application to the Measure B Countywide Bicycle-Pedestrian Discretionary Fund, Transportation Development Act (TDA) Article 3, BAAQMD Transportation Fund for Clean Air Program Manager Fund in January 2005.

Financial Implications: Various Grants – $30,000.

Contact: Peter Hillier, Transportation, 981-7010


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

Agenda Item Number and Title

1.      Author