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summary
BERKELEY
CITY COUNCIL SPECIAL MEETING
Monday,
July 25, 2005
7:00
P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Roll
Call: 7:00 p.m.
All present.
City Manager Comments:
Next Tuesday, August 2, 2005 is
National Night Out. This event provides
an opportunity for neighborhoods to organize so that police and city staff can
go out and meet with them.
Public Comment: 10 speakers.
Action: Moved, seconded, carried (Worthington/Maio) to adopt
Consent Calendar in one motion except as indicated:
1. Regulation of Taxicabs and Automobiles for Hire
(PDF, 469 KB) (First
Reading July 19, 2005 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code (BMC) Chapter 9.52, Taxicabs and
Automobiles for Hire.
Financial Implications: None.
Contact: Fran David,
Finance, 981-7300
Action: Adopted Ordinance
No. 6,874–N.S. (PDF, 396 KB) Effective August 24, 2005.
2. Expand City Manager Contract Authority (PDF, 8 KB) (First Reading July 19,
2005; Noes – Spring, Worthington)
From: Councilmembers Moore, Capitelli and Wozniak
Recommendation: Adopt second reading of an Ordinance 1) amending Berkeley Municipal Code
(BMC) Section 7.18.010B to increase the City Manager’s expenditure authority
for capital improvements, including playground improvements and equipment, to
$200,000;
2) amending BMC Section 7.18.010C to increase the City Manager’s general
expenditure authority for materials, supplies, and equipment to $100,000; and
3) amending BMC Section 7.18.020A to increase the City Manager’s emergency
expenditure authority for materials, supplies and equipment to $100,000, and
for public construction projects and playground improvements and equipment to
$200,000.
Financial Implications: Reduced staff time.
Contact: Darryl Moore,
Councilmember District 2, 981-7120; Laurie Capitelli, Councilmember District 5,
981-7150; Gordon Wozniak, Councilmember District 8, 981-7180
Action: Adopted Ordinance
No. 6,875–N.S. (PDF, 143 KB) Effective August 24, 2005.
3. Oppose Constitutional Amendment Requiring
Parental Notification for Abortions (PDF, 38 KB)
From: Councilmember Moore
Recommendation: Adopt a Resolution
opposing the Initiative Constitutional Amendment that would require health care
providers to notify the parents of women under the age of 18 before providing
abortion services.
Financial Implications: None.
Contact:
Darryl Moore, Councilmember District 2, 981-7120
Action: Adopted Resolution No. 63,027–N.S. (PDF, 83 KB)
4.
Support SB 840: California Health
Insurance and Reliability Act (CHIRA)
From: Councilmember Anderson
Recommendation: Adopt a Resolution supporting Senator Sheila James Kuehl’s legislation
creating a state-run health insurance program that would insure every
Californian. Coverage includes all care
prescribed by a patient’s health care provider that meets accepted standards of
care and practice.
Financial Implications: None.
Contact:
Max Anderson, Councilmember District 3, 981-7130
Action: Adopted Resolution No. 63,028–N.S. (PDF, 137 KB)
Action
Calendar – Public Hearing
5. Establish FY 2006 Assessments for Street
Lighting (PDF, 460 KB)
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion, adopt a Resolution confirming a diagram and assessments,
and levying FY 2005-2006 assessments for the Berkeley Street Lighting
Assessment District No. 1982-1.
Financial Implications: See report.
Contact: Rene Cardinaux,
Public Works, 981-6300
Public
Testimony: The Mayor opened the public hearing. No speakers. Moved,
seconded, carried (Maio/Worthington) to close the public hearing.
Action: Moved,
seconded, carried (Maio/Worthington) to adopt Resolution No. 63,029–N.S. (PDF, 95 KB)
6. David Brower Center/Oxford Plaza (2200 Oxford Street) – General
Plan/Downtown Plan Amendment, Mitigated Negative Declaration and Clarification
of Creeks Ordinance (PDF, 12 MB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions:
1) adopting the mitigated negative declaration which was prepared for the
proposed General Plan/Downtown Plan Amendment and proposed development project,
including the DDA, and amending the General Plan and Downtown Plan to create a
new height/floor area bonus for the portion of the Oxford Edge sub-area
occupied by the project site; and 2) expressing the legislative intent that uncovered
decks, porches, awnings, solar equipment and other similar features are not
subject to the required setback from culverted creeks under the Creeks
Ordinance.
Financial Implications: See report.
Contact: Dan Marks, Planning, 981-7400
Public Testimony: The Mayor opened the public
hearing. 20 speakers. Moved, seconded, carried (Moore/Maio) to
close the public hearing.
Action: Moved, seconded, carried (Worthington/Maio; Abstain –
Olds) to adopt Resolution No. 63,030–N.S. (PDF, 2 MB) adopting the mitigated negative declaration
prepared for the proposed General Plan/Downtown Plan Amendment and development
project, including the DDA, and amending the General Plan and Downtown Plan to
create a new height/floor area bonus for the portion of the Oxford Edge
sub-area occupied by the Brower project site.
Moved, seconded, carried (Worthington/Maio) to adopt
Resolution No. 63,031–N.S. (PDF, 141 KB) memorializing the legislative intent that uncovered
decks, porches, awnings, solar equipment and other similar features are not
subject to the required setback from creeks under the Creeks Ordinance and
correcting the staff recommendation to remove the word “culverted”.)
Action
Calendar – Old Business
7. Support Equitable Class Pass Program (PDF, 28 KB) (Held over from July 19,
2005)
From: Councilmember Worthington
Recommendation: Express concern over the proposed
Class Pass referendum, support an equitable solution that addresses the needs
of students and the University, and send a letter to the UC Berkeley Chancellor urging the
administration to delay approval of final referendum language until the
concerns of students are incorporated into the proposal.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action: Moved to Consent
by Councilmember Worthington and approved as revised in a report dated July 25,
2005 submitted by Councilmember Worthington.
Action Calendar – New Business
8. Appointment
of Joint Zoning Adjustments Board/Planning Commission Subcommittee for Density
Bonus/Inclusionary Ordinance Procedures (PDF, 219 KB)
From: City Manager
Recommendation: That Council rescind Resolution No. 63,009–N.S., and adopt a new
Resolution appointing a joint subcommittee pursuant to the City of Berkeley
Commissioner’s Manual comprised of members already appointed to separate
subcommittees by the Planning Commission and the Zoning Adjustments Board for
the purpose of reviewing and recommending procedures for the implementation of
State Density Bonus Law and any requisite changes or recommendations for the
Inclusionary Housing Ordinance.
Financial Implications: None.
Contact: Zach Cowan, City Attorney,
981-6950
Action: Moved, seconded, carried (Maio/Capitelli) to rescind
Resolution No. 63,009–N.S. and hold over to September 13, 2005.
Moved, seconded, carried (Maio/Capitelli; Noes – Spring;
Abstain – Olds, Worthington) a motion to reconsider the rescission of
Resolution No. 63,009–N.S. and decision to hold over to September 13, 2005.
Moved, seconded, carried (Maio/Moore; Noes – Spring,
Worthington; Abstain – Anderson) to rescind Resolution No. 63,009–N.S and adopt
Resolution No. 63,032–N.S. (PDF, 87 KB) appointing a joint subcommittee pursuant to the City
of Berkeley Commissioner’s Manual comprised of members already appointed to
separate subcommittees by the Planning Commission and the Zoning Adjustments
Board for the purpose of reviewing and recommending procedures for the
implementation of State Density Bonus Law and any requisite changes or
recommendations for the Inclusionary Housing Ordinance.
Moved, seconded, carried (Maio/Moore) to schedule the addition
of the Housing Advisory Commission to the State Density Bonus Law Subcommittee
for the meeting of September 13, 2005 and refer it to the Agenda Committee to
bring back to Council earlier if a special meeting is called during Council
recess.
9. Willard After-School Program (PDF, 319 KB) (To be delivered)
From: City Manager
Recommendation: Discussion and possible action regarding Willard After-School Program.
Financial Implications: See report.
Contact: Phil Kamlarz, City Manager, 981-7000
Action: Referred to the City Manager to work
with staff to send out mailers informing parents of alternative after-school
programs and transportation available and bring a mid-year budget report back
to Council addressing all FY 06 budget cuts.
David Brower Center/Oxford Plaza (2200
Oxford Street) – General Plan/Downtown Plan Amendment, Mitigated Negative
Declaration and Clarification of Creeks Ordinance
1. John
L. Lineweaver
2. 14
letters of support, submitted by Martha Belcher, David Brower Center Project
Manager
3. Susan
Korbel
4. Seven
letters of support, petition with 170 signatures, Fact Sheet and Chart of
2000-2005 Parking Supply Changes, submitted by Deborah Badhia, Executive
Director, Downtown Berkeley Association
5. Marie
Bowman, President, BANA
6. Deborah
Moore
7. Three
letters of support, submitted by Carolyn Bookhart, Project Manager, Resources
for Community Development
8. Petition
with 239 signatures, 59 e-mails, and eight phone messages, submitted by Derick
Miller
UC Settlement
and CSU Marina Lawsuit
9. Barbara
Gilbert
Congregation
Beth El
10. Orna Shaughnessy
11. Komang Kardana
12. Wendy Cosin (2)
13. Diane Tokugawa
14. Madan Kumar and
Anna Giske
Vicious Dog
Legislation
15. Barbara Gilbert
Daily
Planet Advertising
16. Barbara Gilbert
17. Daniella Thompson
18. George Oram
Zoning Counter
Procedures
19. Barbara Gilbert
BUSD Letter of
Dismissal
20. Donovan L. Morsby
Item 6: David Brower Center/Oxford Plaza (2200 Oxford Street) – General
Plan/Downtown Plan Amendment, Mitigated Negative Declaration and Clarification
of Creeks Ordinance
32. Multifamily Green
Building Guidelines , submitted by Karen Kho
Item 10: Oxford Parking Lot Update
33. Presentation
materials
Adjourned at 11:13 p.m. in memory of Mark Weinberger.
