Regular Meeting eSummary
June 20
, 2006

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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.

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, June 20, 2006

7:00 P.M.

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

Preliminary Matters

Roll Call:  7:01 p.m.  All present.

Ceremonial Matters: 

1.      Proclamation declaring June 19-25, 2006, as Amateur Radio Week 2006.

City Manager Comments:  None.

Public Comment:  19 speakers.

 

Consent Calendar

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

1.   Rabies Quarantine Regulations (PDF, 79 KB) (First reading June 13, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt second 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 Ordinance No. 6,922–N.S. (PDF, 79 KB)  Effective July 20, 2006.

2.   Construction and Demolition Debris Salvage and Recycling (PDF, 104 KB) (First reading June 13, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt second 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: Held over to July 18, 2006 by the City Manager.

3.   West Berkeley Bowl - 920 Heinz Avenue (PDF, 248 KB) (First reading June 13, 2006; Abstain – Anderson, Spring and Worthington)

From: City Manager

Recommendation: Adopt second 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.

Financial Implications: See report

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

Action: Removed from Consent by Councilmember Worthington.  Moved, seconded, carried (Moore/Wozniak) to adopt Ordinance No. 6,923–N.S. (PDF, 341 KB)  Effective July 20, 2006.

4.   Ballot Measure: Gilman Street Playing Fields (PDF, 168 KB)

From: City Manager

Recommendation: Adopt a Resolution placing a measure on the November 7, 2006 ballot adopting an amendment to the General Plan, Waterfront Plan and Waterfront Specific Plan to establish an “as of right” use for public or commercial recreation sports facilities and exempting such use from the requirement for a Master Development Plan (MDP) and Use Permit, to accommodate the proposed Gilman Street Playing Fields.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,337–N.S. (PDF, 188 KB)

5.   Donation: Raymond Family Foundation to the Animal Care Shelter (PDF, 147 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the Raymond Family Foundation to the Animal Shelter in the sum of $4,000.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,338–N.S. (PDF, 42 KB)

6.   Adoption of Findings To Abate Public Nuisance at Black and White Liquors -3027 Adeline Street (PDF, 277 KB)

From: City Manager

Recommendation: Adopt a resolution adopting findings and remedial measures as previously determined by the City Council on May 16, 2006, after considering Black & White Liquor’s objections, if any, to the amount of the proposed monetary fine to recover staff costs of $8,700.

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 63,339–N.S. (PDF, 632 KB) as amended to adopt the findings and remedial measures previously determined by the Council on May 16, 2006 and a proposed fine of $8,700 and agreeing with the letter from Richard Warren dated June 20, 2006.

7.   Increase Purchase Order with Pinnacle Printing Services (PDF, 144 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase blanket purchase order (BPO) 57567 with Pinnacle Printing Systems to pay for printing and mailing services already provided, for a total amount not to exceed $44,755 for the period July 1, 2005 through June 30, 2006.

Financial Implications: Revenue Collection: General Fund $15,000; Refuse Fund $9,000; Rental Housing Fund $2,755

Contact: Frances  David, Finance, 981-7300

Action:  Removed from Consent by Councilmember Spring.  Adopted Resolution No. 63,340–N.S. (PDF, 54 KB) (Abstain – Spring)

8.   Contract: Berkeley Food and Housing Project Supportive Housing Project (PDF, 148 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Food and Housing Project for operating the Russell Street Residence for the period from June 1, 2006 to June 30, 2007 in an amount not to exceed $77,500.

Financial Implications: AB2034 Funds - $77,500

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 63,341–N.S. (PDF, 51 KB)

9.   Contract: Emergency Services for Berkeley Residents with Severe Disabilities (PDF, 142 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Easy Does It to provide emergency services to Berkeley residents with severe disabilities for the period July 1, 2006 to June 30, 2007 in an amount not to exceed $771,244; and approving an option to extend the term of the contract three additional years contingent upon a satisfactory performance evaluation conducted annually.

Financial Implications: SPL Tax SP Disabled Measure E - $771,244

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 63,342–N.S. (PDF, 49 KB)

10. Contract: Workers’ Compensation Third-Party Administrator (PDF, 173 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Innovative Claim Solutions, Inc. (ICS) to provide workers’ compensation third party administrative services in an amount not to exceed $2,360,160 effective July 1, 2006 through June 30, 2010.

Financial Implications: Workers' Compensation Self-Insurance Fund, $2,360,160

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

Action:  Adopted Resolution No. 63,343–N.S. (PDF, 54 KB)

11. Increase Purchase Order for Sutter Occupational Health (PDF, 133 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase to the purchase order with Sutter Occupational Health for an additional $30.000 for a total amount not to exceed $55,000 for FY 2006.  The additional funds will be used to pay for pre-employment and annual physical examinations for sworn police officers and community service officers.

Financial Implications: General Fund $30,000

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

Action:  Adopted Resolution No. 63,344–N.S. (PDF, 44 KB)

12. Payment to Sacramento Police Department for Academy Training (PDF, 140 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to establish a purchase order with the Sacramento Law Enforcement Training Center, Sacramento Police Department Academy, in an amount not to exceed $84,000 to pay tuition for 42 recruit police officers.

Financial Implications: General Fund - $84,000

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

Action:  Adopted Resolution No. 63,345–N.S. (PDF, 40 KB)

13. Abatement of Nonconforming/Substandard Sewer Laterals on Private Property (PDF, 137 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Section 2 of Ordinance No. 6914–N.S., Abatement of Nonconforming/Substandard Sewer Laterals on Private Property, to change the effective date from July 1, 2006 to October 1, 2006.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted first reading of Ordinance.  Second reading scheduled for June 27, 2006.

14. Contract: Community Conservation Center (PDF, 154 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Contract No. 6856 with Community Conservation Center (CCC) to increase the not to exceed amount from $238,000 to $380,000 in FY 2006, and to $450,000 in FY 2007. 

Financial Implications: $380,000 - Various Funds

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

Action:  Adopted Resolution No. 63,346–N.S. (PDF, 50 KB)

15. Contract: Project Management Services (PDF, 126 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with William Gargan to provide project management services for the Hills Fire Station, increasing the contract amount by $75,000 for a new contract amount not to exceed $220,000, and extending the term of the contract from July 1, 2006 to September 30, 2006.

Financial Implications: FY 2006 Hills Fire Station Budget, Measure G Account - $75,000

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

Action:  Adopted Resolution No. 63,347–N.S. (PDF, 51 KB)

16. Oppose Senate Bill 1404: Parking Citations Related to Street Sweeping (PDF, 153 KB)

From: City Manager

Recommendation: Oppose SB 1404, which would require that citations issued for violating parking restrictions related to street sweeping be cancelled once contested if the city cannot prove that the street was cleaned on the date of the violation; and send a letter of opposition to the Senate Appropriations Committee; Senator Mike Machado; the League of California Cities Department of Public Safety, Transportation and Public Works; and the City’s State Lobbyist.

Financial Implications: None

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

Action:  Approved recommendation.

17. Ed Roberts Campus Transportation for Livable Communities Grant Application (PDF, 82 KB)

From: Mayor Bates and Councilmembers Anderson and Worthington

Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) Transportation for Livable Communities (TLC) 2006 Capital Program for funds in the amount up to $3,000,000 for transportation enhancements related to the Ed Roberts Campus at the Ashby BART Station; and accept the grant, and execute any resultant agreements and amendments.

Financial Implications: See report.

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

Action:  Adopted Resolution No. 63,348–N.S. (PDF, 88 KB)

18. Lift the Boycott  on the Claremont Resort and Spa (PDF, 487 KB)

From: Councilmember Wozniak

Recommendation: Adopt a Resolution rescinding Resolution No. 61,447-N.S. and Resolution No. 62,407-N.S. to lift the boycott against The Claremont Resort and Spa and strongly encourage  the community to return its business to the spa facility.

Financial Implications: None

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

Action:  Removed from Consent by Councilmember Worthington.  Adopted Resolution No. 63,349–N.S. (PDF, 35 KB) as amended to remove the words “…and encourage the community to return its hotel and spa business to the Claremont” from the report and resolution.

19. Tobacco Prevention Policies (PDF, 426 KB)

a.      From: Community  Health Commission

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.62.040 to expand the places free sampling of tobacco and distribution of tobacco coupons are prohibited to include any place open to the public and to apply it to anyone engaged in such activities; direct the City Manager to develop and submit a proposal for funding, and if funded, to craft specific voluntary and/or legislative policy recommendations in conjunction with all interested stakeholders including the Community Health Commission to prevent the exposure of drifting secondhand smoke in new and/or existing public or private multi-unit housing in Berkeley; and take no legislative action at this time to restrict smoking in cars transporting children due to State Vehicle Code preemption, but ask the City’s legislative representatives to introduce a bill similar to the 2004 Firebaugh bill prohibiting on a state-wide basis smoking in cars transporting children.

Financial Implications: See report

Contact: Fred Medrano, Health and Human Services, 981-5100

b.      From: City Manager

Recommendation: The City Manager concurs with the recommendations in the Commission’s Report as long as all additional costs are covered by outside funding.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted first reading of Ordinance.  Second reading scheduled for June 27, 2006.

20. Termination of Berkeley Honda Labor Dispute (PDF, 141 KB)

a.      From: Commission on Labor

Recommendation: Adopt a Resolution commending the employees of Berkeley Honda and the ownership/management of the dealership for bringing their long-standing labor dispute to an end, and  sending a copy of this resolution to the Berkeley Honda owners/managers.

Financial Implications: See report

Contact: Delfina Geiken, Secretary to the Commission on Labor, 981-7000

b.      From: City Manager

Recommendation: The City Manager concurs with the content and recommendations of the Commission’s Report.

Contact: Tom Myers, Economic Development, 981-7000

Action:  Adopted Resolution No. 63,350–N.S. (PDF, 58 KB) (Abstain – Olds).

Action Calendar – Appeal

21.  Appeal: 1421 Second Street

a.      From: City Manager (PDF, 14 MB)

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve the modification of Use Permit #8957 to allow the construction of a carbon adsorption system at Plant #3 of Pacific Steel Casting Company (PSC).

Financial Implications: None

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

b.      Appeal

1.      L.A. Wood (PDF, 757 KB)

c.       Communications

None

Action: Moved, seconded, carried (Wozniak/Maio) to adopt Resolution No. 63,351–N.S. (PDF, 498 KB) affirming the decision of the Zoning Adjustments Board (ZAB) to approve the modification of Use Permit #8957 to allow the construction of a carbon adsorption system at Plant #3 of Pacific Steel Casting Company (PSC).

Action Calendar – Public Hearing

22.  Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees

From: City Manager

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

Financial Implications: See budget book and report

Contact: Tracy Vesely, City Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. 19 speakers.  Moved, seconded, carried (Olds/Maio) to close the public hearing.

Action: Discussion held.

23. Elmwood Theater Business Improvement Area (PDF, 220 KB)

From: Elmwood Advisory Board

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution confirming the Annual Assessment Report for the  Elmwood Theater Business Improvement Area for FY 2006 and levying assessments in the area for FY 2007.

Financial Implications: General Fund - $18,745

Contact: David Fogarty, Secretary to the Advisory Board for the Elmwood Theater Business Improvement Area, 981-7530

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Worthington/Maio) to close the public hearing.

Action: Moved, seconded, carried (Wozniak/Worthington) to adopt Resolution No. 63,352–N.S. (PDF, 215 KB)

24. North Shattuck Business Improvement District (PDF, 197 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution: 1) confirming the Annual Report of the North Shattuck Business Improvement District (BID) for Fiscal Year 2006 and  2) levying assessments in the District for FY 2007.

Financial Implications: See report

Contact: Thomas Myers, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Spring/Worthington) to adopt Resolution No. 63,353–N.S. (PDF, 40 KB)

25. Marina Fee Increases for Fiscal Year 2007 (PDF, 136 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution establishing the rate schedule for Marina operations, increasing base berthing fees by 8% and increasing the Nature Center/Adventure Playground fees by 5% for FY 2007, and rescinding Resolution No. 62,536-N.S. and all amendatory Resolutions.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Moore) to close the public hearing.

Action: Moved, seconded, carried a severed motion as follows:

(Anderson/Maio; Noes–Worthington) approving an 8% berthing fee increase.

Moved, seconded, carried (Anderson/Maio; Noes – Moore, Capitelli, Olds, Wozniak) approving a 5% Nature Center/Adventure Playground fee increase, adopting Resolution No. 63,354–N.S. (PDF, 89 KB) and rescinding Resolution No. 62,536-N.S. (PDF, 188 KB) and all amendatory resolutions.

26. Establishing Refuse Rates for FY 2007 (PDF, 1 MB) (To be delivered)

From: City Manager

Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution setting rates for the collection of refuse and organics, Transfer Station disposal, and special services;  reconfirming existing refuse collection districts; and  rescinding Resolution No.  62,952-N.S. and all amendatory resolutions, effective July 1, 2006.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing. 3 speakers.  Moved, seconded, carried (Capitelli/Moore) to close the public hearing.

Action: Moved, seconded, carried (Capitelli/Maio) to adopt Resolution No. 63,355–N.S. (PDF, 476 KB)

27. Sewer Service Charges for FY 2007 (PDF, 55 KB) (To be delivered)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to establish sewer service rates for FY 2007, effective July 1, 2006.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing. One speaker.  Moved, seconded, carried (Maio/Moore) to close the public hearing.

Action: Moved, seconded, carried (Moore/Capitelli; Abstain – Maio, Spring, Worthington, Bates) a motion to adopt Resolution No. 63,356-N.S. (PDF, 236 KB) rejecting the 3% sewer service rate increase.

28. Establishment of Utility Underground Assessment District No. 2006-47 (PDF, 3 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, direct the City Clerk to provide for opening and tally of assessment ballots received; and upon confirmation from the City Clerk that the ballots satisfy both state law and Council policy, adopt three Resolutions: 1) a) overruling any protest; b) approving the Final Engineer’s Report; c) levying assessments without modification; d) approving and ordering the work and improvements for the utility undergrounding project; e) directing the preparation and filing of a Notice of Exemption (CEQA); and f) authorizing and directing related actions for the Utility Underground Assessment District No. 2006-47; 2) dissolving Zone of Benefit No. 15 of Berkeley Street Light Underground Assessment District No. 1985-1; and 3) authorizing the City Manager to cast the ballot for Assessment No. 188 in the amount of $265 in favor of the Assessment District.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing. 4 speakers.  Moved, seconded, carried (Maio/Anderson) to close the public hearing.

Action: The City Clerk confirmed that the ballots satisfied state law and Council policy. Moved, seconded, carried (Olds/Wozniak) to adopt three Resolutions as follows:

1) Resolution No. 63,357–N.S. (PDF, 228 KB) overruling any protest; approving the Final Engineer’s Report; levying assessments without modification; approving and ordering the work and improvements for the utility undergrounding project; directing the preparation and filing of a Notice of Exemption (CEQA); and authorizing and directing related actions for the Utility Underground Assessment District No. 2006-47; 2) Resolution No. 63,358–N.S. (PDF, 75 KB) dissolving Zone of Benefit No. 15 of Berkeley Street Light Underground Assessment District No. 1985-1; and, 3) Resolution No. 63,359–N.S. (PDF, 58 KB) authorizing the City Manager to cast the ballot for Assessment No. 188 in the amount of $265 in favor of the Assessment District.

29. Fiscal Year 2007 Street Lighting Assessments (PDF, 242 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution, confirming the assessments in the Engineer’s Report, dated April 2006,and authorize the levying of FY 2007 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

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

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Moore) to close the public hearing.

Action: Moved, seconded, carried (Moore/Capitelli) to adopt Resolution No. 63,360–N.S. (PDF, 61 KB)

30. Utility Underground District No. 47 (Miller/Stevenson) (PDF, 296 KB)

From: City Manager

Recommendation: Conduct a public hearing and on conclusion, adopt a Resolution amending Resolution No. 56,237–N.S. to modify the boundary of Utility Underground District No. 47 (Miller/Stevenson) to exclude three parcels, include seventeen additional parcels and add specific dates for utility companies and property owners to complete required work.

Financial Implications: None

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

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Wozniak/Worthington) to close the public hearing.

Action: Moved, seconded, carried (Olds/Capitelli) to adopt Resolution No. 63,361–N.S. (PDF, 457 KB)

Action Calendar – Old Business

31. Telegraph Property and Business Improvement District Assessment (PDF, 285 KB) (Held over from June 13, 2006.  Attachments revised)

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 18, 2006.

Financial Implications: See report

Contact: Thomas Myers, Economic Development, 981-7000

Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 63,362–N.S. (PDF, 72 KB)

32.  Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (Held over from April 25 and June 13, 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:  Moved, seconded, failed (Worthington/Spring; Noes – Capitelli, Bates; Abstain– Maio, Moore, Anderson) a substitute motion to adopt the Planning Commission’s recommendation as amended to require an Administrative Use Permit instead of a certificate.

Moved, seconded, carried (Capitelli/Maio; Noes – Spring, Olds, Worthington) to adopt first reading of an Ordinance adopting the Planning Commission’s recommendations as amended to allow one parking space in a side yard where none exists to be approved with a zoning certificate conditioned on the following: 1) the driveway in the parking area shall be a permeable surface unless determined by the Public Works Department to be inappropriate; 2) vegetative screening shall be required; and 3) the location of the parking space shall be such that the impact on usable open space is minimized and any other car would require an Administrative Use Permit.  Second reading scheduled for June 27, 2006.

33. Update: Review of U.C. Berkeley Southeast Campus Integrated Projects Draft Environmental Impact Report (PDF, 116 KB) (Held over from June 13, 2006)

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 Athlete 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, 981-7400

Action: Held over to June 27, 2006 by Mayor Bates to allow Council to bring written comments for discussion.

34.  Ballot Measure: Greenhouse Gas Ballot Measure (Held over from May 23 and June 13, 2006)

a.   Revised Climate Protection Draft Text for Discussion (PDF, 93 KB) (June 13, 2006)

From: Mayor Bates

b.   From Mayor Bates (May 23, 2006)

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: Moved, seconded, carried (Worthington/Maio) a motion to refer to the City Attorney to prepare ballot language.

35. Ballot Measure: A Clean Water Measure to Address Severe Flooding, Sewage Contamination, Creek and Culvert Improvements (PDF, 133 KB) (Held over from June 13, 2006)

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: Moved, seconded, failed (Moore/Anderson; Noes – Capitelli, Olds, Worthington, Wozniak, Bates; Abstain –Maio, Spring) a substitute motion to request placement of the measure on the November 2006 ballot.

Moved, seconded, carried (Maio/Wozniak; Abstain – Moore) a main motion to withdraw the item.

36.  Ballot Measure - Survey on Lowering Voting Age (Held over from June 13, 2006)

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, 981-6700

a.      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 (Wozniak/Capitelli; Noes – Spring, Worthington; Abstain – Moore, Anderson) a motion to table the item.

Action Calendar – New Business

37. Funding to Complete the Warm Water Pool (PDF, 47 KB)

From: Councilmember Spring

Recommendation: Request that the City Manager either 1) prepare a ballot measure to go to the voters in November 2006 to increase the parcel tax approved by the voters in 2000 to provide the additional funding needed to build a new swimming pool at the location chosen by the BUSD Board on the former BHS tennis courts; or 2) prepare a certificate of participation to be paid back over 20 to 30 years from the general fund to cover the remaining funding gap.

Financial Implications: See report

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

Action: Discussion held.  Councilmember Spring’s motion failed for lack of a second. No action taken.

38.  Nexus Art Cooperative and the Berkeley Humane Society

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

Recommendation: Direct the City Manager to intervene in the action proposed by the Berkeley-East Bay Humane Society to evict the tenants  of 2707 Eighth Street, i.e., the Nexus Institute, and to delay the eviction of more than two dozen practicing artists  and craftsperson's from the  building for a reasonable period of time in which to secure comparable space or spaces in West Berkeley as provided by Berkeley Municipal Code Section 23E.84.090.

Financial Implications: See report

Contact: Mary Ann Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7533

 

b.      From: City Manager (PDF, 138 KB)

Recommendation: No action should be taken by the city regarding private disputes between a landlord and tenants.

Contact: Thomas Myers, Economic Development, 981-7530

Action: The City Manager’s recommendation was moved to Consent as amended by Councilmember Maio to read: “No action will be taken at this time.”

39.  Berkeley Marina Ordinance Revisions and Updates

a.      From: Waterfront Commission (PDF, 237 KB)

Recommendation: Adopt first reading of an Ordinance to amend Berkeley Municipal Code Chapter 6.20 Sections 010 (Definitions); 040 (Berth rates and service charges); 080 (Care in berthing vessels); 090 (Registration and numbering – Furnishing information to the Harbormaster) 100 (Accident reports); 180 (Prohibited Activities); 190 (Cruising vessels used as a residence); and 200 (Residential Houseboats).

Financial Implications: None

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6740

b.      From: City Manager (PDF, 249 KB)

Recommendation: The City Manager recommends adopting all changes to Berkeley Municipal Code (BMC) Chapter 6.20 proposed by the Waterfront Commission except for BMC Sections 6.20.040.A (Berth Rates and Service Charges) and 6.20.180.A (Prohibited Activities); and replacing BMC Sections 6.20.200 and 280 with proposed language from this report.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6740

Action: Moved, seconded, carried (Wozniak/Olds) a motion to approve the City Manager’s recommendation, adopt the first reading of Ordinance and refer windsurfing issues to staff for further analysis.  Second reading scheduled for June 27, 2006.

40. Compromise Landmarks Ordinance (PDF, 130 KB)

From: Mayor Bates

Recommendation: That the City Council support, in principle, the draft compromise revisions to the Berkeley Landmarks Preservation Ordinance (LPO) and refer those changes to staff, the Landmarks Preservation Commission, and the State Historic Preservation Office (SHPO) for review in time for the scheduled Council public hearing in July.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Moved, seconded, carried (Wozniak/Maio; Noes – Spring) a motion to remove the word “compromise” from the recommendation, refer to the Council, Landmarks Preservation Commission and the public for review and comment, and bring back to Council on July 11, 2006.

41. Grandfathering Recycling Box on 1700 Block of Channing Way (PDF, 755 KB)

From: Councilmember Spring

Recommendation: Request that the City Manager create a classification to accommodate the 35 year recycling box, known as “Wishing Well,” on the sidewalk median strip on the 1700 block of Channing Way and waive any proposed costs.

Financial Implications: None

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

Action: Moved, seconded, carried (Spring/Maio) a motion to refer to the City Manager to review and bring a recommendation back to Council regarding the “Wishing Well” and neighborhood bulletin boards to allow them to remain with the conditions that there be regular maintenance, that community well wishers be responsible for the upkeep and maintenance, and that there be mediation between the neighbors regarding the Wishing Well.

Information Reports

42. Audit Plan for FY 2007 (PDF, 12 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor

Action: Received and filed.

43. Quarterly Report on Employee Safety and Workers' Compensation (CF07-04)  (PDF, 276 KB)

From: City Manager

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

Action: Received and filed.

44. Landmarks Preservation Commission Notice of Decision - 2104 Sixth Street (PDF, 3 MB)

From: City Manager

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

Action: Received and filed.

45.  Annual Work Plan (PDF, 135 KB)

From: Commission on Labor

Financial Implications: None

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7000

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.

Crime Rate in South Berkeley

1.      Sam Herbert

2.      Phyllis Schafer

3.      Don Link

The Wishing Well

4.      Martin Bourque, Ecology Center

5.      Lori Hines

6.      Petition with 170 Signatures, submitted by Barbara Cappa, The Well Wishers

Request for Stop Sign at Edith and Rose Street Junction

7.      Hamid Mostowfi, Office of Transportation

Train Whistles

8.      Marti Stites

9.      Doris Campbell

Annual Berkeley World Music Festival

10.  Dianna Ranuzzi

The New Grass at Live Oak Park

11.  Margot Smith

12.  Jill A. Martinucci, on behalf of Councilmember Laurie Capitelli

 

To Be Delivered and Supplemental Reports 1

Item 22: Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees

·        Supplemental report, submitted by Mayor Bates (PDF, 125 KB)

Item 26: Establishing Refuse Rates for FY 2007

·        To be delivered report, submitted by City Manager (PDF, 1 MB)

Item 27: Sewer Service Charges for FY 2007

·        To be delivered report, submitted by City Manager (PDF, 55 KB)

Item 34: Ballot Measure: Greenhouse Gas Ballot Measure

·        Revised report, submitted by Mayor Bates (PDF, 84 KB)

Item 40: Compromise Landmarks Ordinance

·        Supplemental Report, submitted by Mayor Bates (PDF, 98 KB)

 

To Be Delivered and Supplemental Reports 2

Item 28: Establishment of Utility Underground Assessment District No. 2006-47

·        Revised report attachment, submitted by City Manager (PDF, 2 MB)

 

Supplemental Communications 1 (PDF, 4 KB)

Item 6: Adoption of Findings To Abate Public Nuisance at Black and White Liquors -3027 Adeline Street

13.  Richard Warren

Item 21: Appeal: 1421 Second Street

14.  Jack P. Broadbent, Bay Area Air Quality Management District

15.  David Schroeder

16.  David Schroeder

Item 22: Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees

17.  Diane Tokugawa

Item 32: Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (Held over from April 25 and June 13, 2006)

18.  Sharon Hudson

Item 33: Update: Review of U.C. Berkeley Southeast Campus Integrated Projects Draft

19.  Sharon Hudson

Item 34: Ballot Measure: Greenhouse Gas Ballot Measure (Held over from May 23 and June 13, 2006)

20.  Tom Kelly

Item 38: Nexus Art Cooperative and the Berkeley Humane Society

21.  Stephanie Hayes

Item 39: Berkeley Marina Ordinance Revisions and Updates

22.  James McGrath

Item 41: Grandfathering Recycling Box on 1700 Block of Channing Way

23.  Annette Walt et al.

24.  Ashley Foster

25.  Richard Adler

 

Supplemental Communications 2 (PDF, 4 KB)

Item 21: Appeal: 1421 Second Street

26.  Jack P. Broadbent, Bay Area Air Quality Management District

27.  L A Wood

Item 22: Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees

28.  Susan Schwartz

29.  Judith White Marcellini

30.  Barbara Allen et al., $BudgetWatch$

Item 31: Telegraph Property and Business Improvement District Assessment

31.  Adam Wight

Item 38: Nexus Art Cooperative and the Berkeley Humane Society

32.  Aspy Khambatta et al., Nexus Steering Committee

Item 39: Berkeley Marina Ordinance  Revisions and Updates

33.  James McGrath

Item 40: Compromise Landmarks Ordinance

34.  Alan Tobey, Livable Berkeley

35.  Sharon Hudson

36.  Lisa Bullwinkel

Item 41: Grandfathering Recycling Box on 1700 Block of Channing Way

37.  Petition containing approximately 140 signatures

“New Campaign Shows Progress for the Homeless”, The New York Times article published on June 7, 2006

38.  Anonymous
 

Adjournment

Adjourned at 12:33 a.m.