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draft AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, october 10, 2006
7:00 P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636
Channing Way, Berkeley, CA
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 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. Borrowing of Funds and the Sale and Issuance of Fiscal Year
2006-07 Tax and Revenue Anticipation Notes
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
2.
Winter Homeless Shelter Programs
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
3. Parking Enforcement Mission and Policy Statement
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
4. License Agreement:
Berkeley Folk Dancers, Inc.
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
5. 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
6. 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
7.
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
8. Traffic Mitigation Measures
(PDF, 23 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
9. Solar Panel Permit Fees
(PDF, 48 KB)
From: Councilmember Spring
Recommendation: Reaffirm Council policy
adopted in 2001 to waive permit fees on solar panels as a local incentive to
encourage solarization.
Financial Implications: See report
Contact: Dona Spring, Councilmember
District 4, 981-7140
10. 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
11. Violation of 1994 International Convention Against Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment (PDF,
26 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
12. City Manager Evaluation
(PDF, 27 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
13. Confirming the Appointment of an Elected Representative of the
Poor (PDF, 33 KB)
From: Human Welfare and Community
Action Committee
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: Stephen Barton,
Housing, 981-5400
14.
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 (July
18, 2006)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
b. From: City Manager (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.
d. Communications (July 18, 2006)
1. James E. Hart
2. 1201 San Pablo Appellants
e. Communications
(September 19, 2006)
1. Stephen Wollmer
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
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.
15. Funding For A Campus Neighborhood Watch Program (held over from September 19 and September 26, 2006
by Councilmember Worthington)
a. From:
Councilmember Worthington
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. From:
City Manager
Recommendation:
Financial Implications:
Contact:
Phil Kamlarz, City Manager, 981-7000
16. Funding to Non-Profit Organizations (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
17. FY 2008-2009 Budget Schedule
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
18. Affordable Housing Mitigation Fee
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
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
From: Councilmember Worthington
Recommendation:
Financial Implications:
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
21. Discussion of Draft Sunshine Ordinance (PDF, 268 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
22. FY 2006-2007 Budget Update
From: City Manager
Contact:
Tracy Vesely, Budget Manager, 981-7000
23. Quarterly Report: Crime In Berkeley
From: City Manager
Contact: Douglas N. Hambleton,
Chief of Police, 981-5700
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.
None
