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summary
BERKELEY CITY COUNCIL MEETING
Tuesday, october 10, 2006
7:00 P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – Maui
Banyan, 2575 S. Kihei Rd., Kihei, HI (Maui)
Roll Call: 7:02
p.m. Councilmember Maio teleconferenced
on Item 15, absent for the remainder of the meeting.
Ceremonial Matters: Proclamations or awards
presented.
1.
Proclamation
recognizing 35th Anniversary of Bay Area Women Against Rape (BAWAR).
City Manager Comments:
1. Individuals
aged 60 years and over or who have specific high risk chronic diseases can
obtain flu shots from the City of Berkeley on the following dates: 10/23 North
Berkeley Senior Center; 10/26 West Berkeley Senior Center; 10/31 St. Johns
Church; and 11/1 South Berkeley Senior Center.
2. In
celebration of Health Month the City will be holding a Health Fair on Saturday,
October 15, 2006 from 12-5 at St. Joseph the Worker Church, 2125 Jefferson St.
3. Early
Voting will be available in the City Clerk’s Office from 8-5, October 16 through
Election Day. Voting will be available
on election day from 7 am to 8 pm.
Public Comment: 13 speakers.
Action: Moved, seconded, carried
(Moore/Wothington; Absent –Maio) to adopt Consent Calendar in one motion except
as indicated:
1.
FY 2008 and FY 2009 Biennial Budget Schedule
(PDF, 89 KB)
From: City Manager
Recommendation:
Approve the schedule
for adoption of the FY 2008-2009 Biennial Budget.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager,
981-7000
Action:
Approved schedule.
2.
Borrowing of Funds and the Sale and Issuance of Fiscal Year
2006-07 Tax and Revenue Anticipation Notes (PDF, 406 KB)
From:
City Manager
Recommendation: Adopt a Resolution approving the borrowing of
$25,000,000 and the sale and issuance of FY 2006-07 Tax and Revenue Anticipation
Notes.
Financial Implications: General Fund - $25 Million
Contact: Robert
Hicks, Finance, 981-7300
Action: Adopted
Resolution No. 63,445–N.S.
(PDF, 590 KB)
3.
Winter Homeless Shelter Programs
(PDF, 33 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing: 1) the City Manager to enter into a Memorandum of Understanding
(MOU) with the City of Oakland, Department of Human Services, in an amount not
to exceed $64,000 for the Winter Shelter Program at the Oakland Army Base; 2)
an increase of $8,000 to the FY 2007 allocation to the City of Oakland to
assist in financing repair work at the new winter shelter facility; 3) payment
not to exceed $45,000 for transportation for residents to and from the Winter
Shelter facility; and4) payment
not to exceed $34,888 to provide
vouchers to homeless households for
emergency housing at local motels and the Berkeley YMCA.
Financial Implications: See report
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted
Resolution No. 63,446–N.S.
(PDF, 41 KB)
4.
Parking Enforcement Mission and Policy Statement
(PDF, 32 KB)
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
Action: Withdrawn
by the City Manager.
5.
License Agreement: Berkeley Folk Dancers, Inc.
(PDF, 84 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a license agreement and any amendments
with the Berkeley Folk Dancers, Inc. (Folk Dancers) to conduct dance classes at
the Live Oak Recreation Center for period July 1, 2006 through June 30, 2008.
Financial Implications: See report
Contact:
Marc Seleznow, Parks Recreation and Waterfront, 981-6700
Action: Adopted
Resolution No. 63,447–N.S.
(PDF, 630 KB)
6.
Funding for Ecology Center’s Environmental Summit
(PDF, 22 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution authorizing $500 from the Mayor’s
discretionary budget to the Ecology Center to help fund their first annual
Environmental Summit.
Financial Implications: Mayor’s Office Budget -
$500
Contact:
Tom Bates, Mayor, 981-7100
Action: Held
over to October 24, 2006 by Mayor Bates.
7.
Funding for Ecology Center
(PDF, 22 KB)
From
Councilmember Maio
Recommendation: Adopt a Resolution authorizing $2,000 in FY 2006
carryover funds from Councilmember Maio’s office budget to the Ecology Center
for general operating expenses of Berkeley EcoHouse.
Financial Implications: Councilmember Maio’s Office Budget - $2000
Contact: Linda Maio,
Councilmember District 1, 981-7110
Action: Held
over to October 24, 2006 by Mayor Bates.
8.
Traffic Circle - Mathews Street and Oregon Street
(PDF, 36 KB)
From: Councilmember Moore
Recommendation: Reaffirming
that a traffic circle at the intersection of Mathews Street & Oregon Street
will be included in next phase of traffic calming measures.
Financial Implications: See report
Contact:
Darryl Moore, Councilmember, District 2, 981-7120
Action:
Approved recommendation.
9.
Traffic Mitigation Measures
(PDF, 534 KB)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution
approving the entire plan of nine traffic calming circles, initially installing
five of the nine. Construction of
standard traffic circles would occur at the intersections of California &
Fairview, California & Harmon, California & Prince, Ellis &
Fairview, Ellis & Harmon, Ellis & Woolsey, King & Woolsey, King
& Harmon and King & Fairview.
Financial Implications: See report
Contact:
Max Anderson, Councilmember District 3, 981-7130
Action: Adopted
Resolution No. 63,448–N.S.
(PDF, 55 KB)
10.
Solar Panel Permit Fees
(PDF, 12 KB)
From: Councilmember Spring
Recommendation: Adopt a policy waiving
permit fees on solar panels as a local incentive to encourage solarization with
funding for the waivers to come from utility users tax revenues.
Financial Implications: See report
Contact: Dona Spring, Councilmember District 4, 981-7140
Action: Held over to October 24, 2006 by
Councilmember Spring.
11.
Catalytic Converter Theft Prevention
(PDF, 24 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager
to prepare an informational piece to notify neighbors and automobile owners
about recent catalytic converter thefts and to publicize local businesses who
can weld the converter to the vehicle.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
12.
Violation of 1994 International Convention Against Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment (PDF,
31 KB)
From:
Councilmember Worthington
Recommendation: Adopt a Resolution urging California Senators and
Congressmembers to not violate the U.S. Constitution by ignoring the U.S.
signed 1994 International Convention Against Torture and other Cruel, Inhuman,
or Degrading Treatment or Punishment.
Financial Implications: None
Contact: Kriss
Worthington, Councilmember District 7, 981-7170
Action: Adopted Resolution No. 63,449–N.S.
(PDF, 33 KB)
13.
City Manager Evaluation
(PDF, 31 KB)
From: Councilmember Worthington
Recommendation:
Schedule a date in
January for a City Manager evaluation review process.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
14.
Confirming the Appointment of an Elected Representative of the
Poor (PDF, 29 KB)
From:
Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of
Jill Messing (District 3) as an elected representative of the poor on the Human
Welfare Community Action Commission (HWCAC), for a term ending November 15,
2006.
Financial Implications: None
Contact: Kristen Lee, Secretary, 981-5427
Action: Adopted
Resolution No. 63,450–N.S.
(PDF, 42 KB)
15.
1201 San Pablo Avenue / 1100 Harrison Street (Public hearing closed on
September 19, 2006. Council expected to
take action at this meeting.)
a. Supplemental Report
(PDF, 543 KB) (July 18, 2006)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
b. From: City Manager
(PDF, 3 MB) (July 18, 2006)
Recommendation: Adopt a Resolution affirming
the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No.
05-10000029 to construct a 30-unit, mixed-use project, and dismissing the
appeal.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
c. Appeal (July 18, 2006)
1.
Susan Pinto and Kain/Stannage Neighbors who also join in the
appeal. (PDF, 965 KB)
d. Communications (July 18, 2006)
1. James
E. Hart (PDF, 289 KB)
2. 1201
San Pablo Appellants (PDF, 4 MB)
e.
Communications (September
19, 2006)
1. Stephen
Wollmer (PDF, 829 KB)
f.
Supplemental Communications (September 19, 2006)
1. Jim Hart –
Revised Proposal
2. 1201 San
Pablo/1100 Harrison Appellants (2)
3. Stephen
Wollmer
4. Scott, Kelli
and Nathan Bodensteiner
5. Jim Hart –
Drawing
6. Mary Wyand
g.
Supplemental Communications (September 26, 2006)
1. Jim Hart – Revised Application
2. Prakash Pinto
3. Daniel W. Corvello
4. Mary Wyand
5. Beth Bernstein
6. Jean Molesky
7. Yvette Bozzini
8. Uile Cuileannain
9. Mary Wyand for Erika Lamm
10. Jim Hart
11. Rena Rickles
12. Don Mill
13. Rempel Architects
h.
Communications (October 10, 2006)
1.
Jim Hart
(PDF, 897 KB)
Action: Moved,
seconded, carried (Maio/Moore) to reopen the public hearing for limited
purposes of discussing procedures and allowing the appellant and applicant to
speak to the process. Moved, seconded,
carried (Maio/Wozniak; Abstain – Anderson, Spring) to continue this matter to a
special meeting on October 16, 2006 at 7:00 p.m.
16.
Funding For A Campus Neighborhood Watch Program (held over from September 19 and September 26, 2006
by Councilmember Worthington)
a. From:
Councilmember Worthington (PDF, 30 KB)
Recommendation: Adopt a Resolution
committing matching funding of $7,500 to support the Cal Campus Neighborhood
Watch Program.
Financial Implications: $7,500
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
b. Oral
Report from: City Manager
Contact:
Phil Kamlarz, City Manager, 981-7000
Action: Held
over to October 24, 2006 by Councilmember Worthington.
17.
Funding to Non-Profit Organizations
(PDF, 30 KB) (Held over from 9/26/06 by Councilmember
Olds)
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
Action: Held over to October 24, 2006 by
Councilmember Olds.
Action Calendar – New
Business
18.
Affordable Housing Mitigation Fee
(PDF, 82 KB)
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
Action: Moved to the Consent Calendar by Councilmember
Moore and adopted first reading of Ordinance.
Second reading scheduled for October 24, 2006.
19.
2116 Allston Way, Gaia Building: Implementation of Cultural Use Requirements (PDF,
451 KB) (to be delivered)
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, terminate the Zoning Adjustments Board’s
revocation proceedings, and direct staff to report on the schedule of events in
one year.
Financial Implications: None
Contact:
Dan Marks, Director, Planning & Development, 981-7400
Action: Held
over to October 24, 2006 by Mayor Bates.
20.
Major Residential Additions
(PDF, 33 KB)
From: Councilmember Worthington
Recommendation: Adopt first reading of an Ordinance amending Ordinance No.
6,949-N.S. to exempt certain residential additions.
Financial Implications: None.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Moved to the Consent Calendar by Councilmember Moore and adopted first
reading of Ordinance to include revised language. Second reading scheduled for October 24, 2006.
21.
Discussion of Draft Sunshine Ordinance
(PDF, 333 KB)
From:
Mayor Bates and Councilmember Worthington
Recommendation: Discuss the attached draft Sunshine Ordinance and provide guidance to
staff on possible changes and improvements.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100; Kriss
Worthington, Councilmember District 7, 981-7170
Action: Heard from members of the public and held
Council discussion. Referred to the
Agenda Committee to set a date for a public hearing and workshop.
24.
Application for CSBG Discretionary Funding
(PDF, 80 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to apply for $75,000 in Community Services Block Grant (CSBG)
Discretionary Funding to the State of California Department of Community
Services and Development to facilitate a community process to agree upon
meaningful and measurable outcomes for community agencies receiving City
funding.
Financial Implications: Revenues - $75,000
Contact: Stephen Barton, Housing, 981-5400
Action: Moved
to the Consent Calendar by Councilmember Moore and adopted Resolution No.
63,451–N.S.
(PDF, 43 KB)
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.
Item 4: Parking
Enforcement Mission and Policy Statement
1. Barbara
Gilbert
Item 21: Discussion
of Draft Sunshine Ordinance
2.
Julie Craig
3.
Joan Levinson
4.
Mary A. Clegg
UC Memorial
Stadium Renovation
5. Seth
Walter
Save the
Oaks – UC Memorial Stadium
(Numerous email
communications submitted in a substantially similar format are on file in the
City Clerk Department.)
Transportation Services Fee
6. Dennis
Cohen (referred by Councilmember Moore)
Lorin
District – Adeline Police Office
7. James
8. Dan
and Anona Bristol
9. Andrew
Beretvas
10. Linda Epley
Two-Way
Streets on Southside
11. Hank Resnik
Free Steering
Wheel Locks
12. Alan Travis
Local
Restrictions on Dorm-Type Living Arrangements
13. Barbara Gilbert
Milo
Foundation
14. Barbara Gilbert
Item 4:
Parking Enforcement Mission and Policy Statement
15. Barbara Gilbert
Item 9:
Traffic Mitigation Measures
16. Hock W. Yeo
17. Robin Wright
18. Linda Epley
19. Jennifer Millar
20. Dan and Anona
Bristol
21. Barbara Gilbert
22. Allen Myers
23. Stansamsuz@aol.com
Item 15:
1201 San Pablo Avenue / 1100 Harrison Street - Supplement
1 File (PDF, 3 MB)
24. 1201 San Pablo /
1100 Harrison Appellants
25. Mary Wyand
26. Jim Hart
27. Steven Donaldson
28. Mary Wyand
Item 16: Funding For A Campus Neighborhood Watch Program
29. Barbara Gilbert
Item 19:
2116 Allston Way, Gaia Building:
Implementation of Cultural Use Requirements
30. Anna de Leon
31. Gloria Atherstone
Item 21: Discussion of Draft Sunshine Ordinance
32. Mathew Hirsch –
Freedom of Information Committee
33. Phoebe Anne Sorgen
Item 15:
1201 San Pablo Avenue / 1100 Harrison Street
34. Rena Rickles
(PDF, 41 KB)
Item 20:
Major Residential Additions
35. Jason Kaldis
Adjourned at 9:42 p.m.
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.
