Regular Meeting eSummary
June 13
, 2006

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 13, 2006

7:00 P.M.

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

 

Preliminary Matters

Roll Call: 7:04 p.m. All present.

Ceremonial Matters:

1.      Proclamation presented in honor of the Juneteenth Festival commemorating the ending of slavery in the United States.

2.      Proclamation presented to the wife of Captain Wayne S. Dismuke in honor of his incredible life spirit.

3.      Homelessness presentation by students from the Community Partnerships Academy, Berkeley High School.

City Manager Comments:  None.

Public Comment:  28 speakers.

Youth Comments: None.

Consent Calendar

Action: Moved, seconded, carried (Moore/Capitelli) to adopt Consent Calendar in one motion except as indicated:

1.   Municipal Code Amendment and Fine Reduction Regarding Bicycles on Sidewalks (PDF, 70 KB) (First reading May 23, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Section 14.68.370 of the Berkeley Municipal Code (BMC), to reclassify the unlawful riding of a bicycle on a sidewalk from a misdemeanor to an infraction, and direct the City Manager to request the Alameda County Superior Court to lower the base fine for a violation of BMC 14.68.370 from $75 to $10.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Ordinance No. 6,921–N.S.  (PDF, 47 KB)  Effective July 14, 2006.

2.   Minutes for Approval (PDF, 468 KB)

From: City Manager

Recommendation: Approve the minutes for the City Council meetings of April 18, 2006 (special and regular) and April 25, 2006 (closed and regular).

Financial Implications: None

Contact: Sara T. Cox, City Clerk, 981-6900

Action:  Approved minutes as submitted.

3.   Rabies Quarantine Regulations (PDF, 166 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code Section 10.04.160(D), which states that quarantine regulations do not apply to animals that bite their owner/guardians.

Financial Implications: None

Contact: Phil Kamlarz, City Manager 981 7000

Action:  Adopted first reading of Ordinance.  Second reading scheduled for June 20, 2006.

4.   Contract: Artwork for West Berkeley Rail Stop and Transit Plaza (PDF, 173 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with John Wehrle to paint murals, columns, and poems beneath the University Avenue overpass structure at the West Berkeley Train Stop in an amount not to exceed $43,750 for the period June1, 2006 through June 30, 2007.

Financial Implications: Redevelopment Agency Budget - $43,750

Contact: Thomas Myers, Economic Development, 981-7530

Action: Adopted Resolution No. 63,324–N.S. (PDF, 85 KB)

5.   Telegraph Property and Business Improvement District Assessment (PDF, 269 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2006, declaring an intention to levy special assessments in the District for FY 2007, and setting a public hearing on the levy of assessments for July 11, 2006.

Financial Implications: See report

Contact: Thomas Myers, Economic Development, 981-7000

Action:  Held over to June 20, 2006 by Mayor Bates.

6.   Appropriations  Limit for FY 2007 (PDF, 690 KB)

From: City Manager

Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for FY 2007 at its meeting of June 27, 2006; and 2) the amount of the limit and the background material used in its calculation will be available for public review by June 12, 2006.

Financial Implications: See report

Contact: Fran David, Finance 510-981-7300

Action: Adopted Resolution No. 63,325–N.S. (PDF, 432 KB)

7.   Formal Bid Solicitations and Request for Proposals (PDF, 220 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposal (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: See report

Contact: Fran David, Finance, 981-7310

Action: Approved recommendation.

8.   Classification: Harbormaster (PDF, 237 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,840-N.S., Classification and Salary Resolution for Public Employees Union Local One, to change the title of Marina Supervisor to Harbormaster to retitle and revise the classification specification of Marina Supervisor effective June 1, 2006. 

Financial Implications: None

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,326–N.S. (PDF, 75 KB)

9.   Waiving Reimbursement for Police Testimony in Civil Action (PDF, 138 KB)

From: City Manager

Recommendation: Adopt a Resolution : 1) authorizing the City Attorney, upon a showing of good cause, to execute stipulations waiving the City’s entitlement to salary reimbursement under Government Code Section 68097.2 for the appearance and testimony of Berkeley police officers in civil actions involving the elimination of public nuisance or illegal drug activity; 2) and rescinding  Resolution 57,530–N.S .

Financial Implications: See report

Contact: Douglas  N. Hambleton, Police, 981-5700

Action: Adopted Resolution No. 63,327–N.S. (PDF, 64 KB) as amended to authorize the City Manager, upon a showing of good cause, to execute stipulations waiving the City’s entitlement to salary reimbursement under Government Code Section 68097.2 for the appearance and testimony of Berkeley police officers in civil actions involving the elimination of public nuisance or illegal drug activity; and rescinding Resolution No. 57,530–N.S. 

10. Construction and Demolition Debris Salvage  and Recycling (PDF, 197 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 19, Buildings and Construction, to add Chapter 19.24, Construction and Demolition (“C&D”) Debris Salvage and Recycling, decreasing the amount of landfilled material from select construction and demolition projects.

Financial Implications: Refuse Fund - Neutral impact

Contact: Claudette R. Ford, Public Works, 981-6300

Action:  Adopted first reading of Ordinance.  Second reading scheduled for June 20, 2006.

11. Tieback Mitigation & Right-of-Way Improvement Fund Revenues (PDF, 108 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to establish a Tieback Mitigation and Right-of-Way Improvement Fund; 2) accepting payment from C. Overaa & Co., in the amount of $211,500; and 3) establishing a corresponding expense appropriation for the same amount.

Financial Implications: Tieback Mitigation Fund - $211,500 Revenue

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,328–N.S. (PDF, 50 KB)

12. FY 2007 Street Lighting Assessments (PDF, 244 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the Street Lighting Assessment District 1982-1 Engineer’s Report, dated April 2006; 2) set a public hearing to be held before Council at its June 20, 2006 Council Meeting; and 3) authorize the City Clerk to publish the notice of the public hearing for FY 2007 levy of assessments of Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

Contact: Claudette R. Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,329–N.S. (PDF, 239 KB)

13. Designating May 19, 2006 as “Wayne Dismuke Day” (PDF, 92 KB)

From: Mayor Bates and Councilmembers Moore, Anderson and Worthington

Recommendation: Adopt a Resolution commemorating May 19th as “WAYNE DISMUKE DAY” in remembrance of the incredible life spirit of Captain Wayne S. Dismuke

Financial Implications: None

Contacts: Tom Bates, Mayor, 981-7100; Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; and Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 63,330–N.S. (PDF, 67 KB)

14. Definition of Arts and Crafts (PDF, 135 KB)

From: Councilmembers Maio and Moore

Recommendation: Request that the Civic Arts Commission review and update the definition of "arts and crafts" as referred to in the West Berkeley zoning, which will enable an inventory of such space  to go forward and ensure that the space is protected, as stipulated in the West Berkeley Plan and the zoning.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

Action: Approved recommendation.

15. Require that New and Replacement Paving for Outside Parking Spaces and Driveways Be Made of Permeable Materials (PDF, 135 KB)

From: Councilmembers Maio and Capitelli

Recommendation: Refer to the City Manger the request that the City institute the requirement that new and replacement paving for outside parking spaces and driveways be made of permeable materials unless there are extenuating circumstances warranting a different treatment.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Laurie Capitelli,  Councilmember District 5, 981-7150

Action: Approved recommendation as amended to refer to the City Manager to have staff evaluate the requirement that new and replacement paving for outside parking spaces and driveways be made of permeable materials, absent extenuating circumstances, and bring a report back to Council regarding what is available, how it works and suggestions for implementation.

16. Schedule a Brief  Presentation to Council on the Off-Label Use of the Drug,  Cytotec (PDF, 193 KB)

From: Councilmembers Maio and Anderson

Recommendation: Schedule a brief (10-minute) presentation by Maddy Oden on the off-label use of the drug Cytotec.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Max Anderson, Councilmember District 3, 981-7130

Action:  Approved recommendation and referred to the Agenda Committee to designate a date for the presentation.

17. Recognizing the Dramatic Philanthropic Divide Between Minority-led Nonprofits and Non-minority-led Nonprofits (PDF, 96 KB)

From: Councilmembers Moore and Anderson

Recommendation: Adopt a Resolution recognizing the dramatic philanthropic divide between minority-led nonprofits and non-minority-led nonprofits.

Financial Implications: None

Contacts: Darryl Moore, Councilmember District 2, 981-7120 and Max Anderson, Councilmember District 3, 981-7130

Action: Adopted Resolution No. 63,331–N.S. (PDF, 53 KB)

18. "Quiet" or "Lower Noise" Fireworks for the 4th  of July Celebration (PDF, 93 KB)

From: Councilmember Olds

Recommendation: Refer to the City Manager to investigate the possibility of using what is known as "quieter" or "low noise" fireworks for Berkeley's July 4th celebration so that the distress caused to domestic animals and wildlife is diminished.

Financial Implications: Unknown

Contact: Betty Olds, Councilmember District 6, 981-7160

Action: Approved recommendation.

19. Proclamation: Designating June as Lesbian, Gay, Bisexual and Transgender Month (PDF, 63 KB)

From: Councilmembers Worthington and Moore

Recommendation: Support a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the City of Berkeley and authorize the City Manager to fly the Rainbow Flag for the rest of June.

Financial Implications: None

Contacts: Kriss Worthington, Councilmember District 7, 981-7170 and Darryl Moore, Councilmember District 2, 981-7120

Action: Approved proclamation and authorized City Manager to fly the Rainbow flag for the rest of June.

20. Resolution for a Positive Revitalization Model in the Wachovia Acquisition of World Savings Bank (PDF, 123 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution for a positive revitalization model in the Wachovia acquisition of World Savings Bank and join the California Reinvestment Coalition (CRC) and the Greenlining Institute in resolving to ensure that the Wachovia acquisition of World Savings Bank in Oakland is beneficial to Californians and East Bay low-income and underserved residents.

Financial Implications: None

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 63,332–N.S. (PDF, 54 KB)

Action Calendar – Public Hearing

21. West Berkeley Bowl - 920 Heinz Avenue (PDF, 2 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt a Resolution certifying the EIR and making required CEQA findings; 2) adopt a Resolution amending the General Plan and West Berkeley Plan land use designations for a 1.9-acre portion of the project site; 3) adopt first reading of an Ordinance reclassifying a 1.9-acre portion of the project site from MU-LI District to C-W District, and amending the MU-LI provisions to allow storage spaces to serve contiguous and directly accessible food products stores located outside the MU-LI District; and 4) adopt a Resolution approving a Use Permit for the proposed project.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing.   66 speakers.  Moved, seconded, carried (Moore/Capitelli) to close the public hearing.

Action:  Moved, seconded, carried (Moore/Olds; Abstain – Anderson, Spring, Worthington) to: 1) adopt Resolution No. 63,333–N.S. (PDF, 1711 KB) certifying the EIR and making required CEQA findings; 2) adopt Resolution No. 63,334–N.S. (PDF, 382 KB) amending the General Plan and West Berkeley Plan land use designations for a 1.9-acre portion of the project site; 3) adopt the first reading of an Ordinance reclassifying a 1.9-acre portion of the project site from MU-LI District to C-W District, and amending the MU-LI provisions to allow storage spaces to serve contiguous and directly accessible food products stores located outside the MU-LI District with a second reading scheduled for June 20, 2006; and 4) adopt Resolution No. 63,335–N.S. (PDF, 1926 KB) as amended to include two conditions and approving a Use Permit for the proposed project.  The Council approved the Use Permit and Statement of Overriding Consideration solely because the floor plan approved by this Use Permit, and to which the project must conform, is unique for a typical full-service grocery store, because, among other things, the areas devoted to fresh produce, meat and fish are significantly larger than typical full-service grocery stores.  Material changes to these aspects of the Use Permit will require a modification of the Use Permit.  The Use Permit will take effect only upon the effective date of rezoning the site.

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.


Action Calendar – Budget

22. Fiscal Year 2007 Proposed Mid-Biennial Budget and Work Plan Update (PDF, 2 MB) (To be delivered)

From: City Manager

Recommendation: Discuss the FY 2007 proposed mid-biennial budget update and work plan update.  Council will conduct a public hearing on June 20, 2006 and adopt the FY 2007 budget on June 27, 2006.

Financial Implications: See budget book and report

Contact: Tracy Vesely, City Manager, 981-7000

Action: Discussion held.

23. Budget Referral: $10,000 for the Operating Budget for the West Berkeley Neighborhood Development Corporation and Costs Associated with the 2nd Annual International Food Festival (PDF, 105 KB)

From: Councilmembers Moore and Maio

Recommendation: Refer a request for $10,000, $4000 of which is to be used for the operating budget for the West Berkeley Neighborhood Development Corporation and $6000 for costs associated with the 2nd Annual Berkeley International Food Festival.

Financial Implications: $10,000

Contacts: Darryl Moore, Councilmember District 2, 981-7120; and Linda Maio, Councilmember District 1, 981-7110

Action:  Moved to Consent by Councilmember Worthington.  Approved recommendation.

24. Budget Referral: Fire Department Services (PDF, 85 KB)

From: Councilmembers Olds and Wozniak

Recommendation: Refer to the budget process the restoration of essential funding of $1,000,000 for the restoration of fire services.

Financial Implications: General Fund - $1,000,000

Contacts: Betty Olds, Councilmember District 6, 981-7160 and Gordon Wozniak, Councilmember District 8, 981-7180

Action:  Moved to Consent by Councilmember Worthington.  Approved recommendation.

25. Budget Referral: Restore Funding for Staffing of the Office of Emergency Services (PDF, 73 KB)

From: Councilmember Spring

Recommendation: Refer to the budget process up to $120,000 to restore funding for staffing of the Office of Emergency Services.

Financial Implications: See report

Contact: Dona Spring, Councilmember District 4, 981-7140

Action: Moved to Consent by Councilmember Worthington.  Approved recommendation.

26. Budget Referral: $10,000 for the Center for Accessible Technology (PDF, 45 KB)

From: Councilmember Spring

Recommendation: Refer the request for an additional $10,000 annually starting this fiscal year for the Center for Accessible Technology to the budget process.

Financial Implications: See report

Contact: Dona Spring, Councilmember, District 4, 981-7140

Action: Moved to Consent by Councilmember Worthington.  Approved recommendation.

27. Budget Referral: Create a Public Safety Commission (PDF, 340 KB)

From: Councilmember Wozniak

Recommendation: Refer to the budget process a recommendation that the City Manager establish a new City Commission focused on reducing crime and improving public safety.

Financial Implications: See report

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action: Moved, seconded, carried (Wozniak/Moore; Abstain–Anderson, Spring, Capitelli) to approve recommendation.

28. Budget Referral:  Sweatfree Berkeley Ordinance  Monitoring and Enforcement (PDF, 75 KB)

From: Councilmembers Worthington and Moore

Recommendation: Refer fifty thousand dollars  ($50,000) to the Budget process to be considered for allocation for the monitoring and enforcement component of the Sweatfree Berkeley ordinance.

Financial Implications: $50,000

Contact: Kriss Worthington, Councilmember District 7, 981-7170; and Darryl Moore, Councilmember District 2, 981-7120

Action: Moved to Consent by Councilmember Worthington.  Approved recommendation.

29. Budget Referral: Sweat-free Berkeley Ordinance

a.   From: Commission on Labor (PDF, 146 KB)

Recommendation: Refer to the budget process an amount up to $60,000 for FY07 to ensure that any Sweat-free procurement measures undertaken by the City include funding for compliance and enforcement of those measures.

Financial Implications: $60,000 in FY07

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

b.   From: City Manager (PDF, 139 KB)

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

Action: Moved to Consent by Councilmember Worthington.  Approved recommendations.

30. Civic Arts Work Plan for FY 2007 and West Berkeley Arts Inventory (PDF, 254 KB)

a.   From: Civic Arts Commission

Recommendation: Adopt a Resolution accepting the Civic Arts Commission Work Plan for FY 2007 and adopt  a Resolution to fund an intern to assist in the inventory of artists, art organizations and  creative businesses in West Berkeley.

Financial Implications: General Fund - $12,000

Contact: Mary Ann Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7530

b.   From: City Manager

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

Action:  Councilmember Worthington moved the City Manager’s recommendation to Consent.  Approved the City Manager’s recommendation to refer to the budget process.

31. Restore Public Art Funds and Restore the Civic Arts Grant Program Funding

a.   From: Civic Arts Commission (PDF, 528 KB)

Recommendation: Direct the City Manager to restore to the annual budget for the Civic Arts Program one FTE position including salary and  benefits from General Fund revenues, and to restore the Public Art Fund 657 for revenues expended during the current Fiscal Year in excess of 0.5% allowed  under Resolution No. 60,048-N.S. for the management costs for projects; and adopt  a Resolution to restore the  Civic Art Grant Program to $300,000 for FY07.

Financial Implications: See report

Contact: Mary Ann Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7530

b.   From: City Manager (PDF, 138 KB)

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

Action: Councilmember Worthington moved the City Manager’s recommendation to Consent.  Approved the City Manager’s recommendation to refer to the budget process.

Action Calendar – Ballot Measures

32. Ballot Measure: Greenhouse Gas Ballot Measure (PDF, 132 KB) (Held over from May 23, 2006)

From: Mayor Bates

Recommendation: Discuss placing an advisory measure on the November ballot to support aggressive efforts to reduce greenhouse gas emissions and actively engage in climate-disaster preparations to address the likely local climate change impacts such as flooding, shortages of potable water, and dramatically increased costs of energy.

Financial Implications: $9,000 to place the item on the ballot

Contact: Tom Bates, Mayor, 981-7100

Action: Held over to June 20, 2006 by Mayor Bates.

33. Ballot Measure: A Clean Water Measure to Address Severe Flooding, Sewage Contamination, Creek and Culvert Improvements (PDF, 133 KB)

From: Councilmembers Maio and Moore

Recommendation: Request placement of a measure on the November ballot to address severe flooding, sewage contamination, creek and culvert improvement-A Clean Water measure.

Financial Implications: To be determined

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

Action: Held over to June 20, 2006 by Councilmember Maio.

34.  Ballot Measure - Survey on Lowering Voting Age

a.   From: Youth Commission (PDF, 139 KB)

Recommendation: Adopt a Resolution to direct the City Manager to place a survey item on the November ballot asking Berkeley residents whether they support lowering the voting age to seventeen for School Board elections in Berkeley.

Financial Implications: $10,000

Contact: Marc Seleznow, Parks Recreation & Waterfront

b.   From: City Manager (PDF, 471 KB)

Recommendation: Take no action at this time.

Financial Implications: See report

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

Action: Moved, seconded, carried (Worthington/Maio) to hold over to June 20, 2006.

Action Calendar – Old Business

35.  Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (Held over from April 25, 2006)

a.   Additional Information - Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots  (PDF, 168 KB) (June 13,2006)

From: City Manager

Fiscal Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

b.      Supplemental Report – Inadvertent Omission of Attachment 6 (PDF, 1 MB) (April 25, 2006)

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

c.   From: City Manager (PDF, 5 MB) (April 25, 2006)

Recommendation: Adopt a first reading of one of two alternative Ordinances amending Berkeley Municipal Code (BMC) Title 23 to: 1a) require an Administrative Use Permit (AUP) for new uncovered parking spaces in all yards on residential lots, except when the space is for a by-right Accessory Dwelling Unit and not in the front yard, as recommended by the Planning Commission; or 1b) allow new uncovered parking spaces in rear and side yards by-right and require an AUP for parking in front yards on residential lots, as recommended by Staff; 2) revise the definition of “yard” to no longer prohibit parking in required yards; and 3) expand screening requirements for uncovered parking in rear yards, eliminate landscaping requirements along shared driveways, and clarify the intent and organization of the parking regulations.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action:  Held over to June 20, 2006 by Mayor Bates.

Action Calendar – New Business

36. Update: Review of U.C. Berkeley Southeast Campus Integrated Projects Draft Environmental Impact Report (PDF, 116 KB) (To be delivered)

From: City Manager

Recommendation: That the City Council give staff input on the University of California’s May 8, 2006 Draft Environmental Impact Report for the Southeast Campus Integrated Projects (SCIP) including the California Memorial Stadium Seismic Corrections, other modifications to the stadium and a new Student Athelete High Performance Center, the 911 space parking garage below a modified Maxwell Family Field, and the School of Law/Haas Business school joint building.

Fiscal Implications: See report

Contact: Dan Marks, Planning and Development, 981-7500

Action:  Held over to June 20, 2006 by Mayor Bates.

37. Protection of Local Telecommunication Revenue and Maintenance of Control over the Public Right of Way (PDF, 176 KB)

From: Mayor Bates and Councilmember Wozniak

Recommendation: Adopt a Resolution in support of the Telecommunication Principles of the League of California Cities; and authorize the City Manager to appropriately and timely respond to any State or Federal legislative or regulatory action, or to other legal action, which may threaten the City’s revenue derived from telecommunications, the City’s control over the Public Right-of-Way, or the City’s ability to negotiate or govern cable/video service agreements within its boundaries.

Financial Implications: See report

Contacts: Tom Bates, Mayor, 981-7100 and Gordon Wozniak, Councilmember, District 8, 981-7180

Action: Moved to Consent by Councilmember Worthington.  Adopted Resolution No. 63,336–N.S. (PDF, 98 KB)

38. Changes to West Berkeley Zoning (PDF, 160 KB)

From: Councilmembers Maio, Capitelli, Moore and Mayor Bates

Recommendation: Refer to the Planning Commission the request that the City make changes to the West Berkeley zoning to achieve more rational use of space and facilitate arts and crafts uses to locate in the M district.

Financial Implications: See report

Contacts: Linda Maio, Councilmember District 1, 981-7110; Laurie Capitelli,  Councilmember District 5, 981-7150; Darryl Moore, Councilmember District 2, 981-7120; and Tom Bates, Mayor, 981-7100

Action: Moved to Consent by Councilmember Moore.  Approved recommendation as revised in a report from Councilmembers Maio and Capitelli, dated June 13, 2006, to refer to the Planning Commission the request that the City make changes to the West Berkeley zoning to achieve more rational use of space and facilitate arts and crafts uses to locate in the M district.

Information Reports

39. Update from City Attorney Regarding Placement of a Public Financing of Elections Measure on the November 2006 ballot  (PDF, 30 KB) (To be delivered)

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Received and discussed.  Referred to the Fair Campaign Practices Commission to bring a report back to Council.

40. Investment Report: Quarter Ended March 31,  2006 (PDF, 1 MB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action: Received and filed.

41. Oxford Plaza and David Brower Center Project City Manager Reporting Timeline (PDF, 196 KB)

From: City Manager

 Contact: Stephen Barton, Housing, 981-5400

Action: Received and filed.

42. Salary Realignment: Legislative Assistants (PDF, 161 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Received and filed.

43. Unrepresented Temporary Employees (PDF, 146 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6805

Action: Received and filed.

44. Civilianization of Police Department Functions (PDF, 168 KB)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action: Received and filed.

Communications (PDF, 4 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.

Public Bond Refinancing

1.      Barbara Gilbert

Channing Way Street Sweeping

2.      Alexandra L. Woodruff

Le Roy Ave Bell Tower

3.      Joan M. Torykian

Telegraph Property and Business Improvement District Assessment

4.      Michelle Pellegrin

5.      Wim-Kees van Hout

6.      William M. Levin

7.      Sharon Hudson

Creeks Ordinance

8.      Rob Shapera

9.      Paul Andrade

10.  Lynn MacDonald

11.  Michael Fried

12.  Laurie Bright, Council of Neighborhood Associations

13.  Mary Ann Brewin

14.  Jennifer Pearson

15.  Alan Lyon

16.  David Rinaldo

17.  Ann B. Erickson

Municipal Code Amendment and Fine Reduction Regarding Bicycles on Sidewalks

18.  Helen Rippier Wheeler

Ashby BART Development

19.  Laura Menard

Telecommunications Wireless Use Permit for 2721 Shattuck Avenue

20.  Brett Brooks

Brower Center

21.  Sharon Hudson

West Berkeley Bowl - 920 Heinz Avenue

22.  Mary Lou Van Deventer, West Berkeley Artisans and Industrial Companies

23.  Susanne Hering, Aerosol Dynamics Inc.

24.  John Curl, Ashby Corridor Businesses

25.  John Curl and Mary Lou Van Deventer, West Berkeley Artisans and Industrial Companies

26.  Ayman Fawaz, Ecole Bilingue de Berkeley

Request for Stop Sign at Edith Street and Rose Street Junction

27.  Paci Hammond, Martin Luther King Middle School PTA

700 University Avenue

28.  Gale Garcia

Bus Rapid Transit Project

29.  Linda Schacht

 

To Be Delivered and Supplemental Reports 1

Item 22: Fiscal Year 2007 Proposed Mid-Biennial Budget and Work Plan Update

·        To Be Delivered report, submitted by City Manager (PDF, 2 MB)

Item 36: Update: Review of U.C. Berkeley Southeast Campus Integrated Projects Draft Environmental Impact Report

·        To Be Delivered report, submitted by Planning and Development (PDF, 116 KB)

Item 38: Changes to West Berkeley Zoning

·        Revised report, submitted by Councilmembers Maio and Capitelli (PDF, 300 KB)

Item 39: Update from City Attorney Regarding Placement of a Public Financing of Elections Measure on the November 2006 ballot

·        To Be Delivered report, submitted by City Attorney (PDF, 30 KB)

 

To Be Delivered and Supplemental Reports 2

Item 21: West Berkeley Bowl - 920 Heinz Avenue

·        Supplemental Report, submitted by City Manager (PDF, 131 KB)

Item 32: Ballot Measure: Greenhouse Gas Ballot Measure

·        Supplemental Report, submitted by Mayor Bates (PDF, 92 KB)

 

Supplemental Communications 1 (PDF, 4 KB)

Item 15: Require that New and Replacement Paving for Outside Parking Spaces and Driveways Be Made of Permeable Materials

30.  Susan Schwartz, Friends of Five Creeks

Item 21: West Berkeley Bowl - 920 Heinz Avenue

31.  Kathleen Lopes

32.  Edward J. Levitch

33.  Deborah Oropallo

34.  Timothy Rempel

35.  Phil Wood

36.  Steve Smith

37.  Joe DeCredico

38.  Carolyn Scarr

39.  Donna Mickleson

40.  Dave Wedding Dress

41.  Mary Prophet

42.  Anonymous

43.  Bill Joyce, Fr. Bill O’Donnell Social Justice Committee

Item 23: Budget Referral: $10,000 for the Operating Budget for the West Berkeley Neighborhood Development Corporation and Costs Associated with the 2nd Annual International Food Festival

44.  Maulin Chokshi, University Avenue Association

Item 28: Budget Referral: Sweatfree Berkeley Ordinance Monitoring and Enforcement

45.  Kevin O’Brien

Item 33: Ballot Measure: A Clean Water Measure to Address Severe Flooding, Sewage Contamination, Creek and Culvert Improvements

46.  Susan Schwartz, Friends of Five Creeks

Item 35: Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots

47.  Robert Lauriston

 

Supplemental Communications 2 (PDF, 4 KB)

Preliminary Matters: Homelessness Presentation

48.  Susannah Bell, Community Partnerships Academy, Berkeley High School

Item 18: "Quiet" or "Lower Noise" Fireworks for the 4th of July Celebration

49.  Debra Pryor, Fire Department

Item 21: West Berkeley Bowl - 920 Heinz Avenue

50.  Mike Friedrich

51.  Steve Smith

52.  Irshad Alam

53.  Glen Yasuda

Item 28: Budget Referral: Sweatfree Berkeley Ordinance Monitoring and Enforcement

54.  Russell Kilday-Hicks
 

Adjournment

Adjourned at 12:28 p.m.