Regular Meeting eAgenda
October 10
, 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.

Note: 

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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.
 

Preliminary Matters

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.

 

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.  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

Action Calendar – Old Business

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

 

Information Reports

22. FY 2006 and FY 2007 Budget Update (PDF, 281 KB) (to be delivered)

From: City Manager

Contact:  Tracy Vesely, Budget Manager, 981-7000

23. Quarterly Report: Crime In Berkeley (PDF, 46 KB)

From: City Manager

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

Time Critical

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
 

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.

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

 

Adjournment

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.