Regular Meeting eSummary
June 19
, 2007

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Note: 

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summary-minutes

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

Preliminary Matters

Roll Call: 7:00 p.m.  Absent:  Moore.

Ceremonial Matters:

1.       Proclamation commending Kamani Hill for his efforts youth participation in sports.

2.       Proclamation recognizing the Center’s 20th Anniversary of Berkeley Farmers’ Market.

3.       Proclamation declaring June 19th, 2007 Maverick Girls Under 12 Soccer Team Day.

4.       Proclamation declaring the week of June 18-24, 2007 as AMATEUR RADIO WEEK.

Public Comment on Consent Calendar Items Only – 4

Consent Calendar

Action: M/S/C (Maio/Wozniak) to adopt Consent Calendar in one motion except Item 6 (Worthington/Rules) was removed for discussion:

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

Action: Adopted Ordinance No. 6,984–N.S. (PDF, 505 KB)  Effective date July 19, 2007.

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

Action: Adopted Ordinance No. 6,985–N.S. (PDF 90 KB)  Effective date July 19, 2007.

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

Action:  Adopted Resolution No. 63,734–N.S. (PDF, 65 KB) and directed the City Manager to provide a report detailing expenditures for legal services for the Oxford/Brower Center affordable housing project.

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

Action:  Adopted first reading of Ordinance No. 6,986–N.S.  Second reading scheduled for June 26, 2007.

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

Action:  Approved recommendation.

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.

Removed from Consent Calendar for discussion.

Public Comments – 5

Action:  M/S (Wozniak/Maio) to table.  The hour being 11:00 p.m. no vote was taken on the motion and the meeting adjourned.  This item will be carried over to the June 26, 2007 meeting.

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

Public Testimony: The Mayor opened Public Hearing #2. Public Comment:  40 speakers.  M/S/C (Maio/Anderson) to close the public hearing.

Action: Final public hearing June 26, 2007.

RECESS 8:40 – 8:55 P.M.

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.

Councilmembers Capitelli and Wozniak recused themselves and left the dais.

Public Comments – 16

Action: Motion failed.  Set for June 26, 2007 agenda.

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 directed that the draft applications be submitted as in Information Report for the June 26, 20007 Council meeting; 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

Action:  M/S/C (Olds/Wozniak) to:

1.      Adopt Resolution No. 63,735–N.S. (PDF, 73 KB);

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 submit the application as an Information Report to the Council at the June 26, 2007 meeting; and

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

(Abstain – Spring and Worthington)

 

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 Comments – 4

Action: M/S/C (Anderson/Worthington) to refer to the Budget process. (Abstain – Wozniak).

Adjournment – 11:00 p.m.

Adjourned in memory of Phil Chavez. 

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

Supplemental Communications and Reports 1 (PDF, 10KB)

Item 1: Zoning Amendments: Telegraph Avenue Permit Streamlining for Economic Assistance

5.      Robia S. Chang, Miller, Starr & Regalia

6.      Igor Tregub

Item 5: Special Residential Pilot Parking Policy For Southside

·        Supplemental report, submitted by Councilmember Worthington (PDF, 78 KB)

Item 6: Amend Resolution No. 53,575-N.S. Establishing Rules Concerning Posting Of Agendas, Limitation Action Not On Posted Agenda, and Public Comment

·        Supplemental report, submitted by Councilmember Worthington (PDF, 504 KB)

7.      Charles Smith

8.      Sharon Hudson

9.      Joan Levinson

10. Dean Metzger

11. Vincent Casalaina

12. Devorah Nussenbaum

13. Mary Tansey

14. Lori R. Schack

15. Holly Hartley

16. Judith Epstein

17. Janet Chann, Michael Irwin, Robin Somerville, Ann Hudson, Mike Reid, Celeste McLean

18. Ron Kemper

Item 7: FY 2008 and FY 2009 Biennial Citywide Work Plan and Budget

·        Supplemental information, submitted by Mayor’s office (PDF, 1 MB)

19. Barbara Gilbert (2)

20. Igor Tregub

Item 8: ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

21. David Salk

22. Fred Harvey

23. Carol L. Nyhoff

24. “An angry neighbor”

25. Ellen Jacobs

26. Margery C. Rendahl

27. Shirley Haberfeld

28. Wendy Lichtman

29. Susan Wolf

30. Kathie and Bob Altes

Item 10: Budget Priorities To Prevent Proposed Cuts To Community Agencies, Fund Violence Prevention And Homeless Services Capital Needs

·        Supplemental report, submitted by Councilmember Worthington (PDF, 69 KB)

31. Carolyn Scarr

Supplemental Communications and Reports 2 (PDF, 10 KB)

Item 8: ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

32. Stephen Wollmer

Item 7: FY 2008 and FY 2009 Biennial Citywide Work Plan and Budget

·        To be delivered report, submitted by City Manager (PDF, 359 KB)

33. The BOSS Community

34. Unknown

35. Dick White

36. Anthea M. Hartig, National Trust for Historic Preservation

37. Catherine Nagel, National Association for Olmsted Parks

Item 9: Priority Development Area

·        Revised resolution, submitted by Mayor’s office (PDF, 108 KB)

38. Carrie Olson, The Berkeley Architectural Heritage Association, submitted by Zelda Bronstein

Resignation of Stephen Barton

39. Housing Advisory Commission

40. Rent Stabilization Board

To Your Health

41. Article submitted by City Manager

Berkeley International Food Festival

42. Unknown