Regular Meeting eSummary
July 15
, 2003

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, July 15, 20037:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call:  7:04 p.m. All present.

Ceremonial Matters:

  1. Cash for Trash Awards

  2. Proclamation regarding Romare Bearden Mural

  3. Proclamation in commemoration of CeCe Weeks

Action:  Awards and proclamations presented.

Comments from the City Manager: 

  1. The completion of the Berkeley section of the Bay Trail will be celebrated on Saturday, July 19, 2003 at 11 a.m. at the southwest corner of University Avenue and Frontage Road.  Tours of the Bay Trail and Berkeley Waterfront spotlight this major project achievement by the Public Works and Parks, Recreation and Waterfront departments.

  2. The 18th Annual Kite Festival and West Coast Kite Championship will be held on Saturday, July 26 and Sunday 27, 2003 from 11 a.m. to 5 p.m. at Caesar Chavez Park at the Berkeley Marina. There will be hands on activities for children, a variety of food booths, live music and entertainment.  Shuttles are available from Golden Gate Fields as parking at the Marina is limited.

Comments from the Public: 10 speakers

Consent Calendar

Moved, seconded, and carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:

1.      Lease: Central Duplicating and Mail Service (PDF, 331 KB)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to accept a month-to-month tenancy with RILCO-Center, LLC for continued occupancy of that portion of 2055 Center Street used for central duplicating and mail services and authorizing up to seven months of rental payments at $5,250 per month, for a total not to exceed $36,750 in FY 2004, and further authorizing additional operating expenses of approximately $7,000 for maintenance and utilities.

Contact:  Fran David, Finance, 981-7300

Action:  Adopted Ordinance No. 6,760–N.S. (PDF, 144 KB) Effective August 14, 2003.

2.      Revision to Rental Housing Safety Program (PDF, 982 KB) (Noes – Olds, Worthington)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Sections 12.48.030, 12.48.050, and 12.48.110 of the Berkeley Municipal Code (BMC) and adding sections 12.48.120 and 19.40.110 to allow for changes to the Rental Housing Safety Program (RHSP).

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted Ordinance No. 6,761–N.S. (PDF, 343 KB) Effective August 14, 2003 (Noes – Olds, Worthington).

3.      Residential Preferential Parking  (PDF, 619 KB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.72 regarding administrative changes.

Contacts: Fran David, Finance, 981-7300 and Peter Hillier, Transportation, 981-7000

Action:  Adopted Ordinance No. 6,762–N.S. (PDF, 240 KB) Effective August 14, 2003.

4.      Accessory Dwelling Units (PDF, 4 MB)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance amending various sections of the Berkeley Municipal Code (BMC) Title 23 relating to Accessory Dwelling Units.

Contact: Phil Kamlarz, Planning, 981-7400

Action:  Adopted Ordinance No. 6,763–N.S. (PDF, 2 MB) Effective August 14, 2003.

5.      Amend Council Meeting Schedule (PDF, 1 MB)

From:  City Manager

Recommendation:  1) Adopt a Resolution amending Resolution No. 61,770-N.S., the Council Meeting Schedule for 2003, to cancel the meeting of October 7th and add a regular meeting on November 4th and 2) schedule special meetings for 5 p.m. prior to each regular meeting from September through December 2003.

Contact:  Sherry M. Kelly, City Clerk, 981-6900

Action:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Worthington/Olds) to adopt Resolution No. 62,146–N.S. (PDF, KB)

6.      Settlement Agreement: Debbie Ellis v. City of Berkeley (PDF, 153 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2002 040564 entitled Debbie Ellis v. City of Berkeley in the amount of $120,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 62,147–N.S. (PDF, 68 KB)

7.      Trigger Locks on Firearms  (PDF, 381 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 9.72.080 of the Firearms Dealers Ordinance by repealing Subsection G regulating trigger locks due to passage of a comprehensive state law making the local law duplicative.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

8.      Increase to Living Wage (PDF, 337 KB)

From: City Manager

Recommendation:  1) Adopt a Resolution increasing the living wage from $9.75 to $10.76 (if medical benefits are provided) or $11.37 to $12.55 (if medical benefits are not provided)effective July 16, 2003; and 2) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.27.050.A and D to provide that the living wage be adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the Consumer Price Index (CPI) published in April of each year.

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Maio; Abstain – Olds) to adopt Resolution No. 62,148–N.S. (PDF, 75 KB) Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

9.      Contract: Berkeley Art Center Association (PDF, 418 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to a contract and any amendments with the Berkeley Art Center Association (BACA) in an amount not to exceed $56,227 to present exhibitions of significant community and regional art to serve as a catalyst for arts enrichment, advocacy, and community participation for the period of September 1, 2003 through August 31, 2004.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,149–N.S. (PDF, 291 KB)

10.  Contract: Berkeley's Best Builders Green Building (PDF, 468 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Green Resource Center (GRC) for the period July 1, 2003 to June 30, 2004 in an amount not to exceed $35,000.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,150–N.S. (PDF, 338 KB)

11.  Contract: Berkeley Convention and Visitors Bureau and Film Office (PDF, 495 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office in an amount not to exceed $228,375 in FY 2004 to provide for continued program development and marketing plan implementation to assist visitors.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,151–N.S. (PDF, 318 KB)

12.  Loans: Aurora Theater and The Berkeley Society for the Preservation of Traditional Music (PDF, 321 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to extend the repayment terms for the loans to Aurora Theater and The Berkeley Society for the Preservation of Traditional Music.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,152–N.S. (PDF, KB)

13.  Loans:  Jazzschool Foundation  (PDF, 323 KB) (To be delivered)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to make a $30,000 working capital loan from the Citywide Loan Fund to the Jazzschool Foundation, providing that the loan will:  1) be secured by a chattel mortgage on the existing assets of the Foundation and by personal guarantees; 2) be repaid over 5 years at the established interest rate for the Fund; and 3) is contingent upon receiving satisfactory documentation that the Foundation has acquired the Jazzschool.

Contact:  Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,153–N.S. (PDF, 73 KB)

14.  Sale of Treasury Bond Investments (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to sell the 12,624 Treasury Bonds held in the City’s Sale/Lease Financing Debt Service Fund as soon as practicable and use the proceeds to pay off all the outstanding 1996 Refunding Lease Revenue Bonds by December 1, 2003.

Contact: Fran David, Finance, 981-7300

Action:  Adopted Resolution No. 62,154–N.S. (PDF, 88 KB)

15.  Contract: Youth Employment Services (PDF, 384 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda Point Collaborative to provide youth employment services for the North Cities Collaborative for the period July 1, 2003 to June 30, 2004 in an amount not to exceed $72,000.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 62,155–N.S. (PDF, 114 KB)

16.  Contract: Environmental Services at Berkeley Street Skate Park (PDF, 385 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SOMA Corporation in an amount not to exceed $40,000 for the period May 1, 2003 through November 1, 2003 to provide environmental consulting services to develop and test protocols for cleaning the skate park in order to eliminate any possible residues of hexavalent chromium.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,156–N.S. (PDF, 78 KB)

17.  Contract:  Berkeley Boosters (PDF, 157 KB)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute two month cash advances for two approved contracts with Berkeley Boosters: 1) Recreation “A” in an amount not to exceed $11,042 and 2) Respect School in an amount not to exceed $6,375.

Contact:  Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,157–N.S. (PDF, 74 KB)

18.  License: Food Cart at Berkeley Marina (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a License Agreement and any amendments with Eat & Run Catering to operate a food cart and use City property at the Berkeley Marina for a period of five years, with one five-year option period, for a total revenue amount of $6,000 for the initial five-year term.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Adopted Resolution No. 62,158–N.S. (PDF, 69 KB)

19.  House Cars and Campers in Private Driveways (PDF, 344 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 12.76.010 and 12.76.020, to expand the definition of “camper” and clarifying that the restrictions on “house cars” apply equally to camper trailers.

Contact: Roy Meisner, Police, 981-5900

Action:  Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

20.  Contract: FY 2003 Emergency Sidewalk Project (PDF, 611 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2003 Emergency Sidewalk Project; 2) accepting the bid of Mosto Construction; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $294,502 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,159–N.S. (PDF, 104 KB)

21.  Contract: FY 2003 Spiral Sidewalk Project (PDF, 533 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving specifications for the FY 2003 Spiral Sidewalk Project; 2) accepting the bid of AJW Construction; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $296,776, for the period of 90 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,160–N.S. (PDF, 104 KB)

22.  Contract: Engineering Services for Sante Fe Right-of-Way Improvements (PDF, 425 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Community Design & Architecture, in an amount not to exceed $200,000, to provide engineering services for the Santa Fe Right-of-Way Improvements, for the period of July 31, 2003 to June 30, 2004.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Maio/Worthington; Abstain – Hawley) to adopt Resolution No. 62,161–N.S. (PDF, 75 KB)

23.  Contract: Sanitary Sewer Project (PDF, 472 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer Project located at Le Conte Avenue, Le Roy Avenue, La Vereda Road, Acton Street, Virginia Street, and Shore Bird Park; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $813,984 for the period of 220 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,162–N.S. (PDF, 127 KB)

24.  Contract: Sanitary Sewer and Drilled Pier Foundations Project (PDF, 786 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Sanitary Sewer and Drilled Pier Foundations Project located on the sewer easement on private property, bounded by 400 Vermont Avenue, 423, 425, and 427 Boynton Avenue, and the Contra Costa County line; 2) accepting the bid of Bay Pride Construction Company, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $172,704 for the period of 130 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,163–N.S. (PDF, 134 KB)

25.  Contract:  Economic & Planning Systems, Inc.- U.C. Berkeley Fiscal Impact Study (PDF, 327 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Economic & Planning Systems, Inc. to perform a study of U.C. Berkeley’s (UCB) fiscal impacts related to capital projects, revenue loss, and operations, on the City of Berkeley for a contract amount not to exceed $50,000 for the period July 16, 2003 through December 31, 2004.  

Contact: Grace Maguire, City Manager, 981-7000

Action:  Adopted Resolution No. 62,164–N.S. (PDF, 98 KB)

26.  Contract: Street Rehabilitation FY 2003 Phase 2 Project (PDF, 703 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2003 Phase 2 Project; 2) accepting the bid of Interstate Grading & Paving, Inc., and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,042,664 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,165–N.S. (PDF, 104 KB)

27.  Contract: Underground Storage Tank Removal (PDF, 376 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for 711 Harrison Street UST Removal and Contamination Remediation; 2) accepting the bid of Golden Gate Tank Removal, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $95,000, for the period of 80 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,166–N.S. (PDF, 114 KB)

28.  Purchase Order: Telephone Directory Advertising (PDF, 238 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Purchase Order with SBC Smart Yellow Pages in an amount not to exceed $31,400 for FY 2004, to advertise the City’s refuse collection and recycling services.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 62,167–N.S. (PDF, 63 KB)

29.  Contract: Operating Services for Three City-Owned Parking Facilities  (PDF, 587 KB) (To be delivered)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Parking Concepts, Inc. to provide management, promotion, security, custodial, and maintenance services for Sather Gate Garage, Center Street Garage, and Oxford Parking Lot for the period August 1, 2003 through June 30, 2008 in an amount not to exceed $4,731,704, and an option to extend for two additional one-year periods in an amount not to exceed $2,192,698, for a total not to exceed $6,924,402.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Worthington) to adopt Resolution No. 62,168–N.S. (PDF, 80 KB)

30.  Grant: Coastal Conservancy Bikeways (PDF, 290 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Coastal Conservancy in the amount of $454,000 in FY 2003 for planning, design, cost estimates, and CEQA compliance for various bikeways and multi-use paths; 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) implement the project and appropriate funding for related expenses, subject to securing the grant.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Adopted Resolution No. 62,169–N.S. (PDF, 134 KB)

31.  Grant: Clean Air Regional Fund (PDF, 360 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the Bay Area Air Quality Management District’s Transportation Fund for Clean Air Regional Fund grant program in the amount of $35,257 in FY 2003 and FY 2004 for implementation of a Dynamic Ridesharing Program; 2) accept the grant and execute any resultant agreements and amendments; and 3) implement the project, subject to Council approval of expenditures and bids.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Adopted Resolution No. 62,170–N.S. (PDF, 122 KB)

32.  Unauthorized Removal of Newspapers (PDF, 370 KB)

From:  Mayor Bates

Recommendation:  Refer the San Francisco “Unauthorized Removal of Newspapers” ordinance to the City Manager and City Attorney for the purpose of returning to Council with a draft ordinance for Berkeley.

Contact:  Tom Bates, Mayor, 981-7100

Action:  Approved recommendation.

33.  Fee Waiver:  Mount Zion Missionary Baptist Church Annual Business Street Faire (PDF, 167 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution waiving permit, sound, noise variance and street barricade fees and the maintenance deposit for the Mount Zion Missionary Baptist Church Annual Business Street Faire to be held on Saturday, August 24, 2003.

Contact:  Tom Bates, Mayor, 981-7100

Action:  Adopted Resolution No. 62,171–N.S. (PDF, 73 KB)

34.  Fee Waiver: Shotgun Players' Seventh Annual Free Theater in the Park Series (PDF, 82 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution waiving permit fees for the Shotgun Players' Seventh Annual Free Theater in the Park Series for the use of John Hinkel Park on July 26, 27, August 2, 3, 10, 16, 17, 23, 24, 30, 31, September 6, 7, and 14; and for the use of Live Oak Park on September 13.

Contact:  Tom Bates, Mayor, 981-7100

Action:  Adopted Resolution No. 62,172–N.S. (PDF, 57 KB)

35.  Fee Waiver: 2003 Solano Stroll (PDF, 92 KB)

From: Councilmember Hawley

Recommendation:  Adopt a Resolution waiving fees for the event permit and the food vendor permits and in-kind City services from Police, Fire, Public Works and Health and Human Services for the 2003 Solano Stroll scheduled for Sunday, September 14th.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

Action:  Adopted Resolution No. 62,173–N.S. (PDF, 63 KB)

36.  Presentation:  Purpose of Berkeley’s Paratransit Program (PDF, 68 KB)

From: Councilmember Maio

Recommendation:  Schedule a briefing by the Commission on Aging and Commission on Disability regarding the purpose of Berkeley’s Paratransit Program.

Contact: Linda Maio, Councilmember District 1, 981-7110

Action:  Approved recommendation.

37.  Use-of-Parking Survey at Multi-Family Large Buildings (PDF, 124 KB)

From: Councilmember Maio

Recommendation:  Request the City Manager consider how we might initiate a survey of residents of new, multi-family large buildings to determine what residents’ and merchants’; level of parking demand is, where they are currently parking, and gather other useful information relative to parking practices.

Contact: Linda Maio, Councilmember District 1, 981-7110

Action:  Approved recommendation.

38.  Fee Waiver: San Francisco Mime Troupe (PDF, 76 KB)

From: Councilmember Maio

Recommendation:  Adopt a Resolution sponsoring and waiving special event fees and the required maintenance deposits associated with the San Francisco Mime Troupe’s five days of performance in parks throughout the Summer.

Contact: Linda Maio, Councilmember District 1, 981-7110

Action:  Adopted Resolution No. 62,174–N.S. (PDF,  57 KB)

39.  Interpretation of Major Residential Additions

a.      From: Councilmembers Olds, Hawley and Spring  (PDF, 121 KB)

Recommendation:  Refer to the Zoning Adjustments Board (ZAB) and the Planning Commission (PC) the following issues for discussion and review; that the ZAB report to the PC with recommendations for guidelines for interpretation by staff and/or clarifying language for related zoning ordinances; that the PC return to the Council within 120 days with proposed language for modifications to the zoning ordinance: 1) the number of vertical feet allowed in a story in residential construction; 2) the “no-net change” interpretation of the 499 square foot addition, allowed by right; 3) the interpretation of additions to existing nonconforming residential buildings; and 4) consider that an “addition by right” be allowed one time only on each property.

Contact: Betty Olds, Councilmember District 6, 981-7160, Miriam Hawley, Councilmember District 5, 981-7150, and Dona Spring, Councilmember District 4, 981-7140

Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Olds) to approve recommendation.

b.      From:  Councilmember Spring  (PDF, 50 KB)

Recommendation:  Amend this item to:  1) request that the issues on “499 square foot additions by right” be allowed one time only on each property; 2) request the Planning Commission consider that the “addition by right” be allowed one time only on each property; and 3) request the Planning Commission also review how “addition by right” affects nearby property owners’ views and rights to solar protection in the Solar Protection Ordinance as well as landmark issues.  In addition, the commission should consider whether “addition by right” can occur with additional square feet from a demolition on the same property.

Contact:  Dona Spring, Councilmember District 4, 981-7140

Action:  Removed from the Consent Calendar by Councilmember Hawley and held over to the meeting of September 9, 2003.

40.  Support Budget Accountability Act (PDF, 361 KB)

From:  Councilmembers Worthington and Breland

Recommendation:  Support the Budget Accountability Act, a state ballot measure, reducing votes required for passage of a state budget from two-thirds to fifty-five percent and including not paying state legislators and the governor for each day past the deadline the budget is not passed.

Contact:  Kriss Worthington, Councilmember, District 7, 981-7170 and Margaret Breland, Councilmember, District 2, 981-7120

Action: Approved recommendation.

41.  Fee Waiver:  Eighth Annual Watershed Environmental Poetry Festival (PDF, 98 KB)

From:  Councilmember Worthington

Recommendation:  Adopt a Resolution extending the sound permit from 11 a.m. to 5 p.m.  for the Eighth Annual Watershed Environmental Poetry Festival event in Martin Luther King Jr. Civic Center Park, Saturday, September 6, 2003 and allowing a stage banner above the Peace Wall and waiving fees for staff and necessary equipment associated with hanging the banner.

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

Action:  Adopted Resolution No. 62,175–N.S.  (PDF,  66 KB)

42.  Ellis Implementation Ordinance: Five Year Restriction on Vacancy Rent Increases

a.      From: Berkeley Rent Stabilization Board (PDF, 1 MB)

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) sections 13.77.040 and 13.77.050 (Ellis Implementation Ordinance) to include the five year restriction on vacancy rent increases authorized in Section 7060.2 of the Ellis Act and to require notice to be given to extend the date a unit occupied by non-elderly or non-disabled tenant is to be withdrawn from the rental market.

Contact: Jay Kelekian, Secretary, 644-6128

b.      From: City Manager (PDF, 62 KB)

Recommendation:  The City Manager concurs with the content and recommendation of the report.

Contact: Weldon Rucker, City Manager, 981-7000

Action:  Adopted first reading of Ordinance.  Second reading scheduled for September 9, 2003.

43.  FY 2004 Civic Arts Grant Funding Recommendations

a.      From: Civic Arts Commission (PDF, 578 KB)

Recommendation:  Adopt a Resolution approving the Civic Arts Commission funding recommendations authorizing 65 grants to various organizations to support arts and cultural activities during FY 2004 in the amount of $251,489.

Contact: Mary Ann Merker, Secretary, 981-7533

b.      From: City Manager (PDF, 55 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Adopted Resolution No. 62,176–N.S. (PDF, 445 KB)

44.  Neighborhood Partnership on Homeless Detox Facility Study

a.      From: Police Review Commission  (PDF, 2 MB)

Recommendation:  Send letters to local, federal, state, and county representatives urging them to fund a detoxification facility for indigent people in Berkeley or Alameda County and that the City actively work to find funding for such a program.

Contact: Barbara Attard, Secretary, 981-4950

b.      From: Homeless Commission  (PDF, 153 KB)

Recommendation:  Endorse recommendation to establish a detox facility in Alameda County, and request that the Neighborhood Partnership on Homelessness further investigate the feasibility of establishing a blended model detox.

Contact: Jane Micallef, Secretary, 981-5426

c.       From: Mental Health Commission  (PDF, 126 KB)

Recommendation:  Work with Alameda County Board of Supervisors to establish a social model detoxification facility in Northern Alameda County.

Contact: Harvey Tureck, Secretary, 981-5213

d.      From: City Manager  (PDF, 53 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Weldon Rucker, City Manager, 981-7000

Action:  Approved recommendations of the commissions.

45.  Freedom to Read Protection Act of 2003

a.      From: Peace and Justice Commission  (PDF, 501 KB)

Recommendation:  Adopt a Resolution: 1) calling for the passage of the Freedom to Read Protection Act of 2003, exempting libraries and bookstores from the provisions of the Patriot Act; 2) sending a letter of support and copy of this resolution to Congressman Bernard Sanders; and 3) sending letters and the resolution to California’s congressional representatives urging them to support and co-sponsor the Act and to California’s senators urging them to support the Act and to introduce a similar bill in the Senate.

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager  (PDF, 46 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 62,177–N.S. (PDF, 151 KB)

46.  Peace Lantern Ceremony

a.      From: Peace and Justice Commission  (PDF, 272 KB)

Recommendation:  Adopt a Resolution endorsing the Peace Lantern Ceremony to take place in Berkeley on or about August 9, 2003.

Contact: Manuel Hector, Secretary, 981-5110

b.      From: City Manager  (PDF, 47 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Fred Medrano, Health and Human Services, 981-5100

Action:  Adopted Resolution No. 62,178–N.S. (PDF, 107 KB)

Action Calendar - Appeals

47.  Appeal: 1802 Chestnut Street (PDF, 5 MB)

a.      From: City Manager

Recommendation:  Adopt a Resolution affirming the decision of the Housing Advisory Commission (HAC) to uphold the Building Official’s Notice and Order dated January 14, 2003, declaring 1802 Chestnut Street as substandard, and dismissing the appeal.

Contact: Stephen Barton, Housing, 981-5400

Action: 

b.      Appeal

1.      Burel Davis

 

Action:  Moved to Consent Calendar by Councilmember Worthington.  Adopted Resolution No. 62,179–N.S. (PDF, 84 KB) affirming the decision of the Housing Advisory Commission and dismissing the appeal.

Action Calendar – Public Hearing

48.  Renewal of the Telegraph Property and Business Improvement District (PDF, 4 MB)

From: City Manager

Recommendation:  Conduct a public hearing and if no majority protest exists after tabulation of assessment ballots, adopt a Resolution reestablishing the Telegraph Property and Business Improvement District for the five-year period FY 2004-FY 2008 and levying assessments on property within the District for FY 2004.

Contact: Tom Myers, Economic Development, 981-7530

Public Testimony:  The Mayor opened the public hearing.  No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action:  Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 62,180–N.S. (PDF, 3 MB)

49.  Residential Energy Conservation Ordinance Fees (PDF, 358 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to increase the inspection fees for the Residential Energy Conservation Ordinance (BMC Chapter 19.16). Re-inspections would be at a discounted rate, as would additional unit inspections at the same address.

Contact: Stephen Barton, Housing, 981-5400

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

Action:  Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,181–N.S. (PDF, 107 KB)

50.  Fees: FY 2003 Swim Classes (PDF, 814 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion: 1) adopt a Resolution
 a) readopting rules and regulations and fees for use of recreation, park, camp, and swim facilities, b) adding "Special Swim" classes and fees under Section 4C, and c) adding Section 8, "Youth Fee Waivers"; and 2) rescinding Resolution No. 62, 063-N.S.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.
Action:  Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,182–N.S. (PDF, 727 KB)

51.  2514 Benvenue Avenue:  Use Permits – Environmental Review (PDF, 234 KB)

From:  City Manager

Recommendation:  Continue the consideration of use permits approved by the Zoning Adjustments Board for the project and environmental action until January 20, 2004 at the request of the applicant after taking 3 minutes each of testimony from the applicant and the appellants, which should be confined to the issue of whether environmental review should be delayed.

Contact: Phil Kamlarz, Planning, 981-7400

Public Testimony: The Mayor opened the public hearing.  2 speakers.  Moved, seconded, carried (Spring/Maio) to close the public hearing.

Actions:  Moved, seconded, (Olds/Breland) a main motion to approve the City Manager’s recommendation to continue consideration of use permits until January 20, 2004.

Moved, seconded, carried (Worthington/Wozniak; Noes – Breland, Shirek) a substitute motion to approve the City Manager’s recommendation to continue consideration of use permits until January 20, 2004 amended to also 1) direct staff to expand the original EIR to include not only historical impacts, but also other impacts the Council expressed concern about on April 8, 2003 regarding density impacts (including daytime institutional density), traffic impacts, and parking impacts as they manifest in environmental impacts such as traffic, noise, pollution, and other matters to the extent CEQA allows them to be considered and 2) to encourage the applicant to work with the neighbors and other members of the community from now until January 20th to arrive at a mutually acceptable project, in conjunction with comprehensive ABSW campus master planning.

52.  Elmwood Theater Business Improvement Area

a.      From: Advisory Board for the Elmwood Theater Business Improvement Area  (PDF, 517 KB)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution confirming the Annual Assessment Report for the Elmwood Theatre Business Improvement Area for FY 2003 and levying assessments for FY 2004.

Contact: David Fogarty, Secretary, 981-7534

b.      From: City Manager  (PDF, 50 KB)

Recommendation:  The City Manager concurs with the content and recommendation of the report.

Contact: Tom Myers, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. No speakers.  Moved, seconded, carried (Maio/Shirek ) to close the public hearing.

Action:  Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 62,183–N.S. (PDF, 401 KB)

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.

 

Action Calendar – New Business

53.  Voting Delegates - League of California Cities (PDF, 279 KB)

From: City Manager

Recommendation:  Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Wednesday, September 10, 2003 at the Sacramento Convention Center in Sacramento, California and direct the City Clerk to forward the name of the delegate and alternate to the League no later than August 8, 2003.

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Moved to Consent Calendar by Councilmember Worthington designating Councilmember Wozniak as the delegate and Councilmember Maio as the alternate.

54.  Lease: 225/235 University Avenue at Berkeley Marina  (PDF, 7 MB) (To be delivered)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a lease with Bay Point Development I, LLC, for 225/235 University Avenue and exempting this site (Dock of the Bay) from the moratorium that prohibits development at the Marina.

Contact: Tom Myers, Economic Development, 981-7530

Action:  Moved to Consent Calendar by Councilmember Spring.  Adopt first reading of Ordinance. Second reading scheduled for September 9, 2003.

55.  Contracts: Housing Trust Fund Allocations 2003-2004 (PDF, 945 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving fund reservations in the amount of $3,079,500 from the FY 2003-2004 Housing Trust Fund, with conditions, and authorizing the City Manager to execute loan agreements, any amendments, and all other related documents for the following proposed projects: 1) Ashby Lofts/1001 Ashby Ave./Affordable Housing Associates (AHA) - $1,000,000; 2) Ursula Sherman Village/711 Harrison St. (BOSS) - $325,000; 3) Jubilee Senior Homes/2577 San Pablo Ave./Jubilee Restoration and Resources for Community Development (RCD) - $1,017,000; 4) Ashby Dohr Condominiums/1419 Ashby Ave./Northern California Land Trust (NCLT) - $250,000; 5) Oxford Plaza/Kittredge and Oxford/Resources for Community Development (RCD) and Equity Community Builders - $300,000; and 6) Casa Zimbabwe and Cloyne Court/2422 and 2600 Ridge Rd./University Students Cooperative Association - $187,500.

Contact: Stephen Barton, Housing, 981-5400

Actions:  Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,184–N.S. (PDF, 243 KB) approving fund reservations for all projects with the exception of the Oxford Plaza project.

Moved, seconded, carried (Maio/Worthington; Noes – Breland, Hawley, Olds, Wozniak) to adopt Resolution No. 62,185-N.S. (PDF, 156 KB) approving fund reservations for the Oxford Plaza project.

56.  Rental Housing Safety Program Fees  (PDF, 637 KB) (CF19-03)

From: City Manager

Recommendation:  Adopt a Resolution: 1) rescinding Resolution No. 62,062-N.S.; 2) establishing a revised fee schedule for housing code inspections; and 3) establishing a revised flat per unit fee of $17 per unit for all residential rental buildings and $8.50 per room for residential hotels and boarding houses with five or more rooms in support of the Rental Housing Safety Program.

Contact: Stephen Barton, Housing, 981-5400

Action:  Moved, seconded, carried (Worthington/Hawley; Noes – Olds) to adopt Resolution No. 62,186 – N.S. (PDF, 103 KB) establishing a revised fee schedule and further directing staff to:  1) evaluate the option to increase re-inspection fees beyond the third re-inspection to reflect the increased costs associated with following up on problem properties and set the increase for the required public hearing; 2) prepare options for assessing fines under the City’s new citation process that corresponds to the severity and quantity of the housing code violations, such that minor infractions will not be fined as heavily as major or numerous violations; and 3) establish a policy that in the event that the proposed fee changes, if approved in September, produce revenue in excess of the RHSP Program budget that the excess funds shall be rebated by reducing the flat per unit/room fee in the following fiscal year.

57.  Bay Trail Extension to the Berkeley Marina

a.      From: City Manager  (PDF, 8 MB)

Recommendation:  Adopt a Resolution accepting the Preliminary Project Description for the Bay Trail Extension to the Berkeley Marina and proceed with the California Environmental Quality Act (CEQA) environmental review process.

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

b.      From:  Waterfront Commission  (PDF, 67 KB)

Recommendation:  Accept the Preliminary Project Description for CEQA purposes only and (staff and consultants) hold a public workshop to consider width and alignment of the trail prior to any further design development by the consultant.

Contact:  Cliff Marchetti, Commission Secretary, 644-6376

c.       Information Report from Commission on Disability  (PDF, 121 KB)

Contact:  Paul Church, Commission Secretary, 981-6342

 

Action:  Moved, seconded, carried (Wozniak/Maio; Noes – Spring; Abstain - Olds) approving the City Manager’s recommendation and adopting Resolution No. 62,187-N.S. (PDF, 111 KB)

58.  Clean Up of Contamination at Lawrence Berkeley National Laboratory (PDF, 3 MB)

From: City Manager

Recommendation:  Send a letter to the Department of Toxic Substances Control to inform them of past actions the City has take regarding clean up of contaminated sites.  Request a higher standard for clean up than is provided by risk assessments, a fiscal accounting for discovery and clean up stages, assurances for continued Department of Energy financing as needed to meet state clean up guidelines, and accepting outreach as proposed.

Contact:  Phil Kamlarz, Planning, 981-7400

Action:  Moved, seconded, carried (Wozniak/Breland) to approve recommendation.

59.  Traffic Circles on Bicycle Boulevards (PDF, 144 KB)

From:  Councilmember Worthington

Recommendation:  Approve a compromise motion to designate $140,000 in additional traffic circle funding to be specified for use for traffic circles on bicycle boulevards (as a compromise between use of funds for unspecified bicycling projects, versus use of funds for unspecified circles).

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

Action: Moved, seconded, carried (Wozniak/Worthington) to table the matter to September 9, 2003.

Action Calendar – Time Critical

60.  LBNL Proposal to Land Fill in Cafeteria Creek (PDF, 833 KB)

From:  Councilmember Spring

Recommendation:  1) Ask the City Manager to send letters to Lawrence Berkeley National Laboratory (LBNL), Regional Water Quality Control Board, Department of Fish and Game, and to the Army Corp of Engineers expressing strong opposition to the LBNL proposal to land fill in Cafeteria Creek; 2) Send to LBNL a copy of the City’s long-standing policy to daylight creeks and not allow creeks to be infilled; 3) Send to LBNL the City’s policy on prohibiting the removal of Live Oak trees; and 4) Request a 15-day extension to the Environmental Impact Report (EIR) scoping period for “Building 49 and Parking Lot” which closes on July 16th.

Contact:  Dona Spring, Councilmember District 4, 981-7140

Actions:  See item 65.  Moved, seconded, (Spring/Worthington) a main motion to approve the above recommendation.

See item 65.  Moved, seconded, carried (Hawley/Wozniak; Noes – Maio, Spring, Worthington, Bates) a substitute motion to give the City Manager direction to send the a letter as drafted, and distributed by the City Manager.

Information Reports

61.  Romare Bearden Mural Space (PDF, 135 KB)

From: City Manager

Contact: Tom Myers, Economic Development, 981-7530

Action:  Received and filed.

62.  Formal Bid Solicitations and Request for Proposals (PDF, 279 KB)

From: City Manager

Contact:  Fran David, Finance, 981-7300

Action:  Received and filed.

63.  Neighborhood Disaster Supply Cache (PDF, 205 KB)

From: City Manager

Contact: Reginald Garcia, Fire, 981-5500

Action:  Received and filed.

64.  Cash Receipts Cash Handling Audit  (PDF, 552 KB) (CF 158-02)

From: City Manager

Contact: Lisa Caronna, Parks Recreation and Waterfront, 981-6700

Action:  Received and filed.

65.  Lawrence Berkeley National Laboratory (LBNL) EIR – New Building and Parking Lot (PDF, 4 MB)

From:  City Manager

Contact:  Phil Kamlarz, Planning, 981-7400

Action:  Moved to Action by Councilmember Worthington and discussed with Item 60. 

66.  Summary of Workers Compensation Legislation  (PDF, 479 KB) (To be delivered)

From:  City Manager

Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

Action:  Received and filed.

67.  Award Ceremony for 2003 Cash for Trash Contest Winners (PDF, 136 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Received and filed.

Supplemental Agenda Item

68.  Financial Assistance for Child Care Providers (PDF, 361 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution authorizing the City Manager to provide emergency financial assistance including loans or advancement of City funding to child care providers with State contracts for subsidized care until the State Budget crisis is resolved.

Contact: Tom Bates, Mayor, 981-7100

Action: Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,188–N.S. (PDF, 84 KB)
 

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.

100% Increase to Senior/ADA Monthly Pass (Breland, Maio)

1.      Shang-Mei Lee

Section 8 Waiting List (Brelan, Spring, Maio)

2.      Marissa Nicole Shaw

Brownfields Economic Development Initiative (BEDI) Grant (Breland)

3.      Barbara Lee

Sewage Changes on EBMUD Bill (Breland, Maio)

4.      Barbara Sargent

LBL/UCB Proposal to Bury Creeks, Oaks and Wildlife Corridor

5.      Dr. Phillip N. Price

2501 Benvenue (Spring)

6.      David Baker and Sharon Hudson, Appellants

 

Supplemental Reports and Communications #1 (PDF, 4 KB)

Item 5: Amend Council Meeting Schedule

7.      Revised Report, submitted by City Clerk (PDF, 727 KB)

Item 51:  2514 Benvenue Avenue:  Use Permits – Environmental Review (Spring)

8.      Sharon Hudson and David Baker, Benvenue Neighbors Association (PDF, 92 KB)

Item 56:  Rental Housing Safety Program Fees

9.      Supplemental Report, submitted by City Manager (PDF, 219 KB)

Item 57:  Bay Trail Extension to the Berkeley Marina

10.  Joel Hildebrandt

11.  Steve Mendelson

12.  David A. Coolidge

13.  Ramaswamy Aditya

14.  Mark Abrahams

15.  Jeff Hobson and Kim Seashore

16.  Eric Blossom

17.  Bob Price

18.  Patty Pink

19.  Hans Barnum

20.  childjustice@***.com

Item 59:  Traffic Circles on Bicycle Boulevards (Maio)

21.  Councilmember Linda Maio (PDF, 70 KB)

22.  Sarah Syed

23.  Ed Gulick

24.  Ramaswamy Aditya

25.  Gregory Sutter

26.  Hank Resnik

27.  Bob Muzzy

28.  Mark Foy

29.  Ilan Eyman

30.  Bob Price

31.  Judith Reich

32.  Rick Lewis

33.  Cathleen Caffrey

34.  Ellen Pasternack

35.  Lynne Clenfield

36.  David A. Coolidge

37.  Mark Abrahams

38.  Joel Hildebrandt

Item 60:  LBNL Proposal to Land Fill in Cafeteria Creek (Spring)

39.  Michael Katz

40.  Carole Schemmerling

41.  Chris Kroll

Item 65:  Lawrence Berkeley National Laboratory (LBNL) EIR – New Building and Parking Lot

42.  Charles V. Shank, submitted by Melanie Yip

Item 68:  Financial Assistance for Child Care Providers

43.  Report submitted by Mayor Tom Bates (PDF, 361 KB)

 

Supplemental Reports and Communications #2 (PDF, 4 KB)

Public Comment:  Storage of Shopping Carts for the Homeless

44.  Michael Diehl

Item 22:  Contract: Engineering Services for Sante Fe Right-of-Way Improvements

45.  Report Exhibits, submitted by Public Work (PDF, 656 KB)

Item 51:  2514 Benvenue Avenue:  Use Permits – Environmental Review

46.  Sharon Hudson, Benvenue Neighbors Association (PDF, 139 KB)

Item 56:  Rental Housing Safety Program Fees

47.  Affordable Housing Statistics, submitted by Housing (PDF, 70 KB)

48.  Dana C. Tsubota, Miller, Starr & Regalia

 

Adjournment

Adjourned at 11:22 p.m.