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Regular
Meeting eSummary |
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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:
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summary-minutes
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
Preliminary Matters
Roll Call: 7:00 p.m. Absent:
Moore.
Ceremonial Matters:
1. Proclamation
commending Kamani Hill for his efforts youth participation in sports.
2. Proclamation
recognizing the Center’s 20th Anniversary of Berkeley Farmers’
Market.
3. Proclamation
declaring June 19th, 2007 Maverick
Girls Under 12 Soccer Team Day.
4. Proclamation
declaring the week of June 18-24, 2007 as AMATEUR RADIO WEEK.
Public Comment on Consent Calendar Items Only – 4
Consent Calendar
Action: M/S/C (Maio/Wozniak) to adopt Consent Calendar in
one motion except Item 6 (Worthington/Rules) was removed for discussion:
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
Action: Adopted Ordinance No. 6,984–N.S. (PDF, 505 KB) Effective date July 19, 2007.
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
Action: Adopted
Ordinance No. 6,985–N.S. (PDF 90 KB)
Effective date
July 19, 2007.
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
Action: Adopted
Resolution No. 63,734–N.S. (PDF, 65 KB) and directed the City Manager to provide a report
detailing expenditures for legal services for the Oxford/Brower Center
affordable housing project.
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
Action: Adopted first reading of Ordinance No.
6,986–N.S. Second reading scheduled for
June 26, 2007.
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
Action: Approved
recommendation.
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.
Removed
from Consent Calendar for discussion.
Public
Comments – 5
Action: M/S (Wozniak/Maio) to table. The hour being 11:00 p.m. no vote was taken
on the motion and the meeting adjourned.
This item will be carried over to the June 26, 2007 meeting.
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
Public Testimony: The Mayor opened Public Hearing #2.
Public Comment: 40 speakers. M/S/C (Maio/Anderson) to close the public
hearing.
Action: Final public hearing June 26, 2007.
RECESS 8:40
– 8:55 P.M.
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.
Councilmembers Capitelli and Wozniak recused
themselves and left the dais.
Public Comments – 16
Action: Motion failed. Set for June 26, 2007 agenda.
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 directed that the draft
applications be submitted as in Information Report for the June 26, 20007
Council meeting; 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
Action: M/S/C (Olds/Wozniak) to:
1. Adopt Resolution No. 63,735–N.S.
(PDF, 73 KB);
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 submit the application as an Information Report to the Council at
the June 26, 2007 meeting; and
3. Reaffirm that the Council is not committed to
requesting funding for or approving any project.
(Abstain
– Spring and Worthington)
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
Comments – 4
Action:
M/S/C (Anderson/Worthington) to refer to the Budget process. (Abstain –
Wozniak).
Adjournment – 11:00 p.m.
Adjourned in memory of Phil Chavez.
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
Item 1: Zoning Amendments: Telegraph Avenue Permit
Streamlining for Economic Assistance
5. Robia S. Chang, Miller, Starr & Regalia
6. Igor Tregub
Item 5: Special Residential Pilot Parking Policy For
Southside
·
Supplemental report,
submitted by Councilmember Worthington (PDF, 78 KB)
Item 6: Amend Resolution No. 53,575-N.S. Establishing
Rules Concerning Posting Of Agendas, Limitation Action Not On Posted Agenda,
and Public Comment
·
Supplemental report,
submitted by Councilmember Worthington (PDF, 504 KB)
7. Charles Smith
8. Sharon Hudson
9. Joan Levinson
10. Dean Metzger
11. Vincent Casalaina
12. Devorah Nussenbaum
13. Mary Tansey
14. Lori R. Schack
15. Holly Hartley
16. Judith Epstein
17. Janet Chann, Michael Irwin, Robin Somerville, Ann
Hudson, Mike Reid, Celeste McLean
18. Ron Kemper
Item 7: FY 2008 and FY 2009 Biennial Citywide Work
Plan and Budget
·
Supplemental
information, submitted by Mayor’s office (PDF, 1 MB)
19. Barbara Gilbert (2)
20. Igor Tregub
Item 8: ZAB Appeal: 2629-2635 Ashby Ave - Wright's
Garage
21. David Salk
22. Fred Harvey
23. Carol L. Nyhoff
24. “An angry neighbor”
25. Ellen Jacobs
26. Margery C. Rendahl
27. Shirley Haberfeld
28. Wendy Lichtman
29. Susan Wolf
30. Kathie and Bob Altes
Item 10: Budget Priorities To Prevent Proposed Cuts
To Community Agencies, Fund Violence Prevention And Homeless Services Capital
Needs
·
Supplemental report,
submitted by Councilmember Worthington (PDF, 69 KB)
31. Carolyn Scarr
Item 8: ZAB Appeal: 2629-2635 Ashby Ave - Wright's
Garage
32. Stephen Wollmer
Item 7: FY 2008 and FY 2009 Biennial Citywide Work
Plan and Budget
·
To be delivered report,
submitted by City Manager (PDF, 359 KB)
33. The BOSS Community
34. Unknown
35. Dick White
36. Anthea M. Hartig, National Trust for Historic
Preservation
37. Catherine Nagel, National Association for Olmsted
Parks
Item 9: Priority Development Area
·
Revised resolution,
submitted by Mayor’s office (PDF, 108 KB)
38. Carrie Olson, The Berkeley Architectural Heritage
Association, submitted by Zelda Bronstein
Resignation of Stephen Barton
39. Housing Advisory Commission
40. Rent Stabilization Board
To Your Health
41. Article submitted by City Manager
Berkeley International Food Festival
42. Unknown