Regular Meeting eAgenda
June 19, 2007

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Berkeley City Council meeting

TUESDAY, JUNE 19, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor


District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Pamyla Means, City Clerk, 981-6900

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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 on Consent Calendar Items Only

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.

Items that are removed from the Consent Calendar and deemed by the Mayor to be controversial in nature will be considered at the end of the agenda.  The Mayor will call for public comments on items on the Consent Calendar.  For each item, the Mayor will entertain one speaker in support and ask that persons in the audience who are also in support stand to be recognized.  The Mayor will then entertain one speaker in opposition and follow the same process for the speaker in support.  If the Mayor determines that there are several persons wishing to speak to the item, the item will be removed from the Consent Calendar and considered at the end of the agenda. 

1.   Zoning Amendments: Telegraph Avenue Permit Streamlining for Economic Assistance (First Reading – June 12, 2007) (PDF, 42 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 6,984-N.S. amending Chapter 23E.56, Telegraph Avenue Commercial District Provisions, to extend the evening by right hours of operation for uses that do not involve sales or service of alcohol; extend the evening hours of operation for businesses that do involve alcohol sales or service; allow quotas to be exceeded with a Use Permit; allow changes of use in existing tenant spaces without discretionary review; decrease the permit level for certain uses from a Use Permit to an AUP; require greater public notification for AUPs; and allow easier conversion of some tenant spaces into larger or smaller commercial units.

Financial Implications: See report

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

2.   Deadline Extension For Condominium Conversion Fee Waiver (First Reading – June 12, 2007) (PDF, 11 KB)

From: Councilmember Capitelli

Recommendation: Adopt second reading of Ordinance No. 6,985-N.S. amending BMC 21.28.065:

1.      Extending the deadline for complete applications for condominium conversion from July 1, 2007 to December 31, 2007 (21.28.065 A2);

2.      Delaying the sunset provision of the TIC exception from July 1, 2007 to December 31, 2007 for those applications in process before May 31, 2007 (all other restrictions apply) (21.28.065 A3)

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

3.   Contract Amendment:  Legal Advisory Services (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by $80,000 for a new contract amount not to exceed $399,950 and expiring when services are no longer required by the City.

Financial Implications: See report

Contact: Lisa Caronna, Housing, 981-5400

4.   Acquisition of 9th Street Drill Track (PDF, 90 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property known as the 9th Street Drill Track in southwest Berkeley from the Union Pacific Railroad Company for an amount not to exceed $3,008,590.

Financial Implications: Various funds - $3,008,590

Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

5.   Special Residential Pilot Parking Policy For Southside (PDF, 21 KB)

From: Councilmembers Worthington and Wozniak

Recommendation: That the Council modifies the referral to the City Manager approved on July 25, 2006 to include the following areas in the special residential pilot parking policy: Dwight Way on the north, College Avenue on the east and extend the study area to Derby Street on the South.

Financial Implications: See report.

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

6.   Amend Resolution No. 53,575-N.S. Establishing Rules Concerning Posting Of Agendas, Limitation Action Not On Posted Agenda, and Public Comment (PDF, 331 KB)

From: Councilmember Worthington

Recommendation: Amend Resolution 53,575—N.S. to incorporate the new procedures for Public Comment established by the Mayor and to incorporate other minor changes for clarity, consistency and performance with The Brown Act.  Disseminate the amended resolution to the City Council, all Boards, Commissions, Committees and Task Forces for immediate implementation.

Financial Implications: See report.

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

Action Calendar- Public Hearing

7.   FY 2008 and FY 2009 Biennial Citywide Work Plan and Budget (To be delivered) (PDF, 13 KB)

From: City Manager

Contact: Tracy Vesely, Budget Manager, 981-7000

Action Calendar - Appeals

8.   ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage  (PDF, 13 KB)(Carried over from June 12, 2007.  Motion to set date for hearing failed.  No action taken.  If council fails to act within 30 days (by July 10, 2007 meeting), the decision of the Zoning Adjustments Board will be approved by operation of law.  BMC 23B.32.060)

a. From: City Manager  

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit No. 06-10000098 to convert an existing three-unit commercial building (The Wright's Garage Building) into a 4 to 7 unit commercial building; and to change uses to one restaurant, one exercise/dance study, and up to 5 retail spaces, and dismissing the appeal.

Financial Implications: None

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

b. Appeal

1.      Elmwood Merchants Association

2.      Elmwood Neighborhood Association

c. Communications – None after June 12, 2007 meeting.

Action Calendar – Council Items

9.   Priority Development Area (PDF, 2 MB)

From: Mayor Bates

Recommendation: That the City Council:

1.   Adopt a resolution in support of designating the City of Berkeley’s primary transit corridors and centers as Priority Development Areas (PDA’s);

2.       Request the City Manager submit an application to the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) by ABAG’s June 29, 2007 deadline; and

3.      Reaffirm that the Council is not committed to requesting funding for or approving any project.

Financial Implications: Unknown

Contact: Tom Bates, Mayor, 981-7100

10. Budget Priorities To Prevent Proposed Cuts To Community Agencies, Fund Violence Prevention And Homeless Services Capital Needs (PDF, 31 KB)

From: Councilmember Worthington

Recommendation: That the Council support the following budget priorities:

1.       Prevent proposed cuts to community service agencies in amendments to the City Manager’s proposed budget

2.   Fund violence prevention programs, projects or strategies within multiple departments

3.   Set aside one-time capital funds to assist homeless service agencies

Financial Implications: Revenue from transfer tax receipts would be used to fund these programs.

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

Public Comment – Items Not Listed on the Agenda



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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at and KPFB Radio 89.3.
 Archived indexed video streams are available at
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at
and may be read at reference desks at the following locations:

City Clerk Department


2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda


South Branch – 1901 Russell


To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5 working days prior to the meeting to insure availability.  Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Please refrain from wearing scented products at public meetings.




I hereby certify that the agenda for this Regular meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website on Thursday, June 14, 2007.


Pamyla Means, MMC, City Clerk


Communications (PDF, 9 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.

Traffic Calming on Gilman Street

1.      Avi Black

Highly Flammable Trash

2.      Anne Whyte

State Housing Law and Comments

3.      Peter J. Mutnick

Sex Change Article

4.      Merrilie Mitchell