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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, october 10, 2006
7:00 P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – Maui
Banyan, 2575 S. Kihei Rd., Kihei, HI (Maui)*
* This meeting will be
conducted in accordance with the Brown Act, Government Code Section 54953,
Teleconferencing. Councilmember Maio will be teleconferencing for only one
agenda item – “1201 San Pablo Avenue/1100 Harrison Street”. Any member of the
public may attend to discuss this item at either location. Questions regarding this matter may be addressed
to Sherry M. Kelly, City Clerk, 981-6900.
Roll Call
Ceremonial Matters: In addition to those items
listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information
to the City Council in the form of an oral report. The Council will not take action on such items but may request
the City Manager place a report on a future agenda for discussion.
Public Comment
Council Action: The City Council may take action related to any subject listed
on the Agenda.
The
Council will consider removal and addition of items to the Consent Calendar
prior to voting on the Consent Calendar.
All items remaining on the Consent Calendar will be approved in one
motion. Items removed from the Consent
Calendar will be taken up after the "Action Calendar" unless the
Council reorders the agenda.
1.
FY 2008 and FY 2009 Biennial Budget Schedule
(PDF, 89 KB)
From: City Manager
Recommendation: Approve the schedule for
adoption of the FY 2008-2009 Biennial Budget.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager,
981-7000
2.
Borrowing of Funds and the Sale and Issuance of Fiscal Year
2006-07 Tax and Revenue Anticipation Notes (PDF, 406 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
approving the borrowing of $25,000,000 and the sale and issuance of FY 2006-07
Tax and Revenue Anticipation Notes.
Financial Implications: General Fund - $25 Million
Contact: Robert
Hicks, Finance, 981-7300
3.
Winter Homeless Shelter Programs
(PDF, 33 KB) (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution
authorizing: 1) the City Manager to enter into a Memorandum of Understanding
(MOU) with the City of Oakland, Department of Human Services, in an amount not
to exceed $64,000 for the Winter Shelter Program at the Oakland Army Base; 2)
an increase of $8,000 to the FY 2007 allocation to the City of Oakland to
assist in financing repair work at the new winter shelter facility; 3) payment
not to exceed $45,000 for transportation for residents to and from the Winter
Shelter facility; and4) payment
not to exceed $34,888 to provide
vouchers to homeless households for
emergency housing at local motels and the Berkeley YMCA.
Financial Implications: See report
Contact:
Stephen Barton, Housing, 981-5400
4.
Parking Enforcement Mission and Policy Statement
(PDF, 32 KB)
From: City Manager
Recommendation: Adopt a Resolution
endorsing the mission and policy statement which provides a clear message and
direction to the residents of Berkeley, the Police Department and the
Department of Public Works relative to parking enforcement goals.
Financial Implications: None
Contact:
Douglas Hambleton, Chief of Police, 981-5700
5.
License Agreement: Berkeley Folk Dancers, Inc.
(PDF, 84 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a license agreement and any amendments
with the Berkeley Folk Dancers, Inc. (Folk Dancers) to conduct dance classes at
the Live Oak Recreation Center for period July 1, 2006 through June 30, 2008.
Financial Implications: See report
Contact:
Marc Seleznow, Parks Recreation and Waterfront, 981-6700
6.
Funding for Ecology Center’s Environmental Summit
(PDF, 22 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution authorizing $500 from the Mayor’s
discretionary budget to the Ecology Center to help fund their first annual
Environmental Summit.
Financial Implications: Mayor’s Office Budget -
$500
Contact:
Tom Bates, Mayor, 981-7100
7.
Funding for Ecology Center
(PDF, 22 KB)
From
Councilmember Maio
Recommendation:
Adopt a Resolution
authorizing $2,000 in FY 2006 carryover funds from Councilmember Maio’s office
budget to the Ecology Center for general operating expenses of Berkeley
EcoHouse.
Financial Implications: Councilmember Maio’s Office Budget - $2000
Contact: Linda Maio,
Councilmember District 1, 981-7110
8.
Traffic Circle - Mathews Street and Oregon Street
(PDF, 36 KB)
From: Councilmember Moore
Recommendation: Reaffirming
that a traffic circle at the intersection of Mathews Street & Oregon Street
will be included in next phase of traffic calming measures.
Financial Implications: See report
Contact:
Darryl Moore, Councilmember, District 2, 981-7120
9.
Traffic Mitigation Measures
(PDF, 534 KB)
From: Councilmember Anderson
Recommendation: Adopt a Resolution
approving the entire plan of nine traffic calming circles, initially installing
five of the nine. Construction of
standard traffic circles would occur at the intersections of California &
Fairview, California & Harmon, California & Prince, Ellis &
Fairview, Ellis & Harmon, Ellis & Woolsey, King & Woolsey, King
& Harmon and King & Fairview.
Financial Implications: See report
Contact:
Max Anderson, Councilmember District 3, 981-7130
10.
Solar Panel Permit Fees
(PDF, 12 KB)
From: Councilmember Spring
Recommendation: Adopt a policy waiving
permit fees on solar panels as a local incentive to encourage solarization with
funding for the waivers to come from utility users tax revenues.
Financial Implications: See report
Contact:
Dona Spring, Councilmember District 4, 981-7140
11.
Catalytic Converter Theft Prevention
(PDF, 24 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager
to prepare an informational piece to notify neighbors and automobile owners
about recent catalytic converter thefts and to publicize local businesses who
can weld the converter to the vehicle.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
12.
Violation of 1994 International Convention Against Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment (PDF,
31 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution urging
California Senators and Congressmembers to not violate the U.S. Constitution by
ignoring the U.S. signed 1994 International Convention Against Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
13.
City Manager Evaluation
(PDF, 31 KB)
From: Councilmember Worthington
Recommendation: Schedule a date in January
for a City Manager evaluation review process.
Financial Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
14.
Confirming the Appointment of an Elected Representative of the
Poor (PDF, 29 KB)
From: Human Welfare and Community
Action Commission
Recommendation: Adopt a Resolution
confirming the appointment of Jill Messing (District 3) as an elected
representative of the poor on the Human Welfare Community Action Commission
(HWCAC), for a term ending November 15, 2006.
Financial Implications: None
Contact: Kristen Lee,
Secretary, 981-5427
15.
1201 San Pablo Avenue / 1100 Harrison Street (Public hearing closed on
September 19, 2006. Council expected to
take action at this meeting.)
a. Supplemental Report
(PDF, 543 KB) (July 18, 2006)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
b. From: City Manager
(PDF, 3 MB) (July 18, 2006)
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use
Permit No. 05-10000029 to construct a 30-unit, mixed-use project, and
dismissing the appeal.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
c. Appeal (July 18, 2006)
1.
Susan Pinto and Kain/Stannage Neighbors who also join in the
appeal. (PDF, 965 KB)
d. Communications (July 18, 2006)
1. James
E. Hart (PDF, 289 KB)
2. 1201
San Pablo Appellants (PDF, 4 MB)
e. Communications
(September 19, 2006)
1. Stephen
Wollmer (PDF, 829 KB)
f.
Supplemental Communications (September 19, 2006)
1. Jim Hart –
Revised Proposal
2. 1201 San
Pablo/1100 Harrison Appellants (2)
3. Stephen Wollmer
4. Scott, Kelli
and Nathan Bodensteiner
5. Jim Hart –
Drawing
6. Mary Wyand
g.
Supplemental Communications (September 26, 2006)
1. Jim Hart – Revised Application
2. Prakash Pinto
3. Daniel W. Corvello
4. Mary Wyand
5. Beth Bernstein
6. Jean Molesky
7. Yvette Bozzini
8. Uile Cuileannain
9. Mary Wyand for Erika Lamm
10. Jim Hart
11. Rena Rickles
12. Don Mill
13. Rempel Architects
h.
Communications (October 10, 2006)
1.
Jim Hart
(PDF, 897 KB)
16.
Funding For A Campus Neighborhood Watch Program (held over from September 19 and September 26, 2006
by Councilmember Worthington)
a. From:
Councilmember Worthington (PDF, 30 KB)
Recommendation: Adopt a Resolution
committing matching funding of $7,500 to support the Cal Campus Neighborhood
Watch Program.
Financial Implications: $7,500
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
b. Oral
Report from: City Manager
Contact:
Phil Kamlarz, City Manager, 981-7000
17.
Funding to Non-Profit Organizations
(PDF, 30 KB) (Held over from 9/26/06 by Councilmember
Olds)
From: Councilmember Olds
Recommendation: Adopt a Resolution
approving funding from Councilmember Olds’ office budget to several non-profit
organizations as stated in the report.
Financial Implications: See report
Contact:
Betty Olds, Councilmember District 6, 981-7160
Action
Calendar – New Business
18.
Affordable Housing Mitigation Fee
(PDF, 82 KB)
From: City Manager
Recommendation: Adopt the first reading of
an Ordinance amending Berkeley Municipal Code (BMC) Section 21.28.065.B. to
establish a sliding scale reduction in the maximum affordable housing
mitigation fee for conversion of rental property to condominiums by owner-occupants.
Financial Implications: See report
Contact: Stephen Barton,
Housing, 981-5400
19.
2116 Allston Way, Gaia Building: Implementation of Cultural Use Requirements (PDF,
451 KB) (to be delivered)
From: City Manager
Recommendation: Accept the June 13, 2006
letter from Panoramic Interests as the implementation plan to prioritize
cultural uses at the Gaia Arts Center, terminate the Zoning Adjustments Board’s
revocation proceedings, and direct staff to report on the schedule of events in
one year.
Financial Implications: None
Contact:
Dan Marks, Director, Planning & Development, 981-7400
20.
Major Residential Additions
(PDF, 33 KB)
From: Councilmember Worthington
Recommendation: Adopt first reading of an Ordinance amending Ordinance No.
6,949-N.S. to exempt certain residential additions.
Financial Implications: None.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
21.
Discussion of Draft Sunshine Ordinance
(PDF, 333 KB)
From: Mayor Bates and
Councilmember Worthington
Recommendation: Discuss the attached draft Sunshine Ordinance and provide guidance to
staff on possible changes and improvements.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100; Kriss
Worthington, Councilmember District 7, 981-7170
24.
Application for CSBG Discretionary Funding
(PDF, 80 KB) (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to apply for $75,000 in Community Services Block Grant (CSBG)
Discretionary Funding to the State of California Department of Community
Services and Development to facilitate a community process to agree upon
meaningful and measurable outcomes for community agencies receiving City
funding.
Financial Implications: Revenues - $75,000
Contact: Stephen Barton, Housing, 981-5400
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.
Item #4: Parking Enforcement Mission and Policy
Statement
1. Barbara
Gilbert
Item #21: Discussion of Draft Sunshine Ordinance
2. Julie
Craig
3. Joan
Levinson
4. Mary
A. Clegg
UC Memorial
Stadium Renovation
5. Seth
Walter
Save the
Oaks – UC Memorial Stadium
(Numerous email
communications submitted in a substantially similar format are on file in the
City Clerk Department.
Transportation Services Fee
6. Dennis
Cohen
Lorin
District – Adeline Police Office
7. James
8. Dan
and Anona Bristol
9. Andrew
Beretvas
10. Linda Epley
Two-Way
Streets on Southside
11. Hank Resnik
Free
Steering Wheel Locks
12. Alan Travis
Local
Restrictions on Dorm-Type Living Arrangements
13. Barbara Gilbert
Milo
Foundation
14. Barbara Gilbert
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.
