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Regular
Meeting eAgenda |
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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized. Note:
*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format. |
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Agenda
Berkeley
City Council meeting
TUESDAY, JUNE 19, 2007
7:00 P.M.
Council Chambers – 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636
Channing Way, Berkeley, CA
Tom Bates, Mayor
Councilmembers:
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District 1 – Linda Maio |
District 5 – Laurie
Capitelli |
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District 2 – Darryl Moore
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District 6 – Betty Olds |
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District 3 – Max Anderson
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District 7 – Kriss
Worthington |
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District 4 – Dona Spring |
District 8 – Gordon
Wozniak |
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 Pamyla Means, City Clerk, 981-6900
The City Council may take action related to any subject listed on the
Agenda. The Mayor may exercise a two minute speaking limitation to comments
from Councilmembers. Meetings will
adjourn at 11:00 p.m. - any items outstanding at that time will be carried over
to a date/time to be specified.
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 on Consent Calendar Items Only
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.
Items that
are removed from the Consent Calendar and deemed by the Mayor to be
controversial in nature will be considered at the end of the agenda. The Mayor will call for public comments on
items on the Consent Calendar. For each
item, the Mayor will entertain one speaker in support and ask that persons in
the audience who are also in support stand to be recognized. The Mayor will then entertain one speaker in
opposition and follow the same process for the speaker in support. If the Mayor determines that there are
several persons wishing to speak to the item, the item will be removed from the
Consent Calendar and considered at the end of the agenda.
1. Zoning Amendments:
Telegraph Avenue Permit Streamlining for Economic Assistance (First
Reading – June 12, 2007) (PDF, 42 KB)
From:
City Manager
Financial Implications: See report
Contact: Dan Marks, Planning and Development,
981-7400
From:
Councilmember Capitelli
Recommendation:
Adopt second reading of Ordinance No. 6,985-N.S. amending BMC 21.28.065:
1. Extending the deadline for complete applications for
condominium conversion from July 1, 2007 to December 31, 2007 (21.28.065 A2);
2. Delaying the sunset provision of the TIC exception from July 1,
2007 to December 31, 2007 for those applications in process before May 31, 2007
(all other restrictions apply) (21.28.065 A3)
Financial Implications: None
Contact:
Laurie Capitelli, Councilmember, District 5, 981-7150
3. Contract
Amendment: Legal Advisory Services (PDF, 80
KB)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with Goldfarb and Lipman LLP for legal advisory services,
increasing the contract amount by $80,000 for a new contract amount not to
exceed $399,950 and expiring when services are no longer required by the City.
Financial Implications: See report
Contact: Lisa Caronna, Housing, 981-5400
4. Acquisition of 9th
Street Drill Track (PDF, 90
KB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance authorizing the City Manager to execute all necessary documents
required to purchase the real property known as the 9th Street Drill Track in
southwest Berkeley from the Union Pacific Railroad Company for an amount not to
exceed $3,008,590.
Financial Implications: Various
funds - $3,008,590
Contact: Claudette Ford, Public Works, 981-6300
Council Consent Items
5. Special Residential
Pilot Parking Policy For Southside (PDF, 21
KB)
From:
Councilmembers Worthington and Wozniak
Recommendation:
That the Council modifies the referral to the City Manager approved on
July 25, 2006 to include the following areas in the special residential pilot
parking policy: Dwight Way on the north, College Avenue on the east and extend
the study area to Derby Street on the South.
Financial Implications: See report.
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170
6. Amend Resolution No.
53,575-N.S. Establishing Rules Concerning Posting Of Agendas, Limitation Action
Not On Posted Agenda, and Public Comment (PDF,
331 KB)
From:
Councilmember Worthington
Recommendation:
Amend Resolution 53,575—N.S. to incorporate the new procedures for Public
Comment established by the Mayor and to incorporate other minor changes for
clarity, consistency and performance with The Brown Act. Disseminate the amended resolution to the
City Council, all Boards, Commissions, Committees and Task Forces for immediate
implementation.
Financial Implications: See report.
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170.
Action Calendar- Public Hearing
7. FY 2008 and FY 2009
Biennial Citywide Work Plan and Budget (To be delivered) (PDF, 13
KB)
From:
City Manager
Contact:
Tracy Vesely, Budget Manager, 981-7000
Action Calendar - Appeals
8. ZAB Appeal:
2629-2635 Ashby Ave - Wright's Garage (PDF, 13
KB)(Carried
over from June 12, 2007. Motion to set
date for hearing failed. No action
taken. If council fails to act within
30 days (by July 10, 2007 meeting), the decision of the Zoning Adjustments
Board will be approved by operation of law.
BMC 23B.32.060)
a. From: City Manager
Recommendation: Adopt a Resolution affirming the
decision of the Zoning Adjustment Board to approve Use Permit No. 06-10000098
to convert an existing three-unit commercial building (The Wright's Garage
Building) into a 4 to 7 unit commercial building; and to change uses to one
restaurant, one exercise/dance study, and up to 5 retail spaces, and dismissing
the appeal.
Financial Implications: None
Contact: Dan Marks, Planning and Development,
981-7400
b. Appeal
1. Elmwood Merchants Association
2. Elmwood Neighborhood Association
c. Communications – None after June 12, 2007 meeting.
Action Calendar –
Council Items
9. Priority Development Area (PDF, 2
MB)
From: Mayor Bates
Recommendation: That the City Council:
1. Adopt a resolution in support of designating
the City of Berkeley’s primary transit corridors and centers as Priority
Development Areas (PDA’s);
2. Request the City Manager submit an
application to the Association of Bay Area Governments (ABAG) and Metropolitan
Transportation Commission (MTC) by ABAG’s June 29, 2007 deadline; and
3. Reaffirm that the Council is not committed
to requesting funding for or approving any project.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
10.
Budget Priorities To
Prevent Proposed Cuts To Community Agencies, Fund Violence Prevention And
Homeless Services Capital Needs (PDF, 31
KB)
From:
Councilmember Worthington
Recommendation:
That the Council support the following budget priorities:
1. Prevent proposed cuts to community service agencies in
amendments to the City Manager’s proposed budget
2. Fund violence prevention programs, projects or strategies within
multiple departments
3. Set aside one-time capital funds to assist homeless service
agencies
Financial Implications: Revenue from transfer tax
receipts would be used to fund these programs.
Contact:
Kriss Worthington, Councilmember, District 7, 981-7170.
Public Comment – Items Not Listed on the Agenda
Adjournment
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.
Live
captioned broadcasts of Council Meetings are available on Cable B-TV (Channel
33),
via internet accessible video stream at http://www.ci.berkeley.ca.us/video
and KPFB Radio 89.3.
Archived indexed
video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00
a.m.
Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:
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City Clerk Department |
Libraries: |
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2180 Milvia Street |
Main - 2090 Kittredge Street |
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Tel: 510-981-6900 |
Claremont Branch – 2940 Benvenue |
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TDD: 510-981-6903 |
West Branch – 1125 University |
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Fax: 510-981-6901 |
North Branch – 1170 The Alameda |
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Email: clerk@ci.berkeley.ca.us |
South Branch – 1901 Russell |
COMMUNICATION ACCESS
INFORMATION:
To request a meeting agenda
in large print, Braille, or on cassette, or to request a sign language
interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5
working days prior to the meeting to insure availability. Captioning services are provided at the
meeting, on B-TV, and on the Internet.
In addition, assisted listening devices for the hearing impaired are
available from the City Clerk prior to the meeting, and are to be returned
before the end of the meeting.
Please
refrain from wearing scented products at public meetings.
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I hereby
certify that the agenda for this Regular meeting of the Berkeley City Council
was posted at the display case located near the walkway in front of Council
Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website on
Thursday, June 14, 2007.
Pamyla Means, MMC, City Clerk
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.
Traffic
Calming on Gilman Street
1. Avi Black
Highly
Flammable Trash
2. Anne Whyte
State
Housing Law and Comments
3. Peter J. Mutnick
Sex
Change Article
4. Merrilie Mitchell