Special Meeting eAgenda
July 25
, 2005

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Printer-friendly PDF* agenda: (179 KB)


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.


  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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Monday, July 25, 2005

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA

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 the Council Chambers or at the teleconference location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda.

Preliminary Matters

Roll Call

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 20 minutes is scheduled.  Each speaker is limited to a maximum of 2 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.

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

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

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

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 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

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

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 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

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

Information Reports

10. Oxford Parking Lot Update (PDF, 953 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400

Communications (PDF, 4 KB)

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 8 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