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~~~~~~~~~~~~~~~~~~~~~
Summary
BERKELEY
CITY COUNCIL MEETING
Tuesday,
September 9, 2003 – 7:00
P.M.
City
Council Chambers, 2134 Martin Luther King Jr. Way
Roll Call: 7:03 p.m. All present.
Ceremonial Matters:
In addition to those items listed on the agenda, the Mayor may add additional
ceremonial matters.
1.
Oath of Office
2.
Pledge of Allegiance to the Flag
3.
Proclamation in Recognition of Christine Carr
4.
Proclamation in Recognition of Bob Gilmore
5.
Proclamation for Literacy Month
Action:
Presented proclamations.
City Manager Comments: Early Voting for the October 7th
Election starts September 15th.
Any Alameda County registered voter may vote at the City Clerk
Department during the period September 15th through September 26th.
Public Comment:
11 speakers.
Youth Comments: 6 speakers.
Consent
Calendar – Recess
Moved,
seconded and carried (Worthington/Olds) to adopt the Consent Calendar in one
motion except as indicated:
1.
Purchase Order: Captioning Services (PDF, 125 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to increase the purchase order with Teri Darrenougue in the amount of
$3,544 for an amount not to exceed
$28,544 for captioning services for Council meetings in FY 2003.
Contact:
Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 62,189-N.S.
(PDF, 53 KB)
2.
Contract: Transitional Housing (PDF, 321 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with Avondale Hotel for the provision of rent subsidies for
transitional housing for individuals who are homeless and mentally ill to
increase the amount by $25,000 for a total not to exceed $75,000.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted
Resolution No. 62,190-N.S. (PDF, 112 KB)
3.
Removal of Underground Storage Tanks at Harrison Street
Shelter (PDF, 222 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the
reallocation of FY 2002 Emergency Shelter Grant (ESG) Funds from Building
Opportunities for Self-Sufficiency, Inc. (BOSS) to the Public Works Department
in the amount of $58,974 for the purpose of providing funding for the removal
of Underground Storage Tanks (UST) at the 711 Harrison Street Shelter, as
recommended by the Housing Advisory Commission.
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,191-N.S.
(PDF, 70 KB)
4.
Seniors and Disabled Home Rehabilitation Loan Program (PDF, 331 KB)
From: City Manager
Recommendation: Adopt a Resolution increasing the loan
amount that can be extended to senior and disabled households to $70,000 and
authorizing funding approval of Seniors and Disabled Home Rehabilitation Loan
Program (SDHRP) projects located at census tracts as follows: 1) Tract 4240 - $65,000; 2) Tract 4232 -
$35,000; and 3) Tract 4239 - $70,000.
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,192-N.S.
(PDF, 80 KB)
5.
Shelter Plus Care Rental Subsidies (PDF, 262 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to submit an application to the U.S. Department of Housing and Urban
Development in the amount of $2,892,000 for a five-year contract to provide
tenant-based assistance through the Shelter Plus Care Program, and execute any
resultant agreements.
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No.62,193-N.S.
(PDF, 80 KB)
6.
Reward in Hit-Run Investigation Involving Officer Ben Cardoza (PDF, 197 KB)
From: City Manager
Recommendation: Adopt a Resolution affirming the City
Manager’s action to provide a $5,000 cash reward to those who provide
information leading to the arrest and conviction of the person responsible for
the hit-run injury collision involving Officer Ben Cardoza on Wednesday, August
20, 2003.
Contact:
Roy Meisner, Police, 981-5900
Action: Adopted Resolution No. 62,194-N.S.
(PDF, 59 KB)
7.
Contract: Relocation of Pacific Bell Utility Lines (PDF, 197 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments in an amount not to exceed $90,000 for a period of six
months with Pacific Bell (PacBell) to relocate the utility lines for the
Seventh Street Improvements Project.
Contact: Rene Cardinaux, Public Works, 981-6300
Action: Adopted
Resolution No. 62,195-N.S. (PDF, 68 KB)
8.
Contract: Relocation of PG&E Power Lines (PDF, 196 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract and any amendments in an amount not to exceed
$71,000 for a period of six months with Pacific Gas & Electric (PG&E)
to relocate the utility lines for the Seventh Street Improvements Project.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 62,196-N.S.
(PDF, 69 KB)
9.
Contract: 1947 Center Street Roof Replacement (PDF, 273 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the plans and
specifications for roof replacement at 1947 Center Street; accepting the bid of
State Roofing Systems, Inc.; and authorizing the City Manager to execute a
contract and any amendments in an amount not to exceed $181,500.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 62,197-N.S.
(PDF, 87 KB)
10.
Contract: Security Guard Services (PDF, 272 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute an amendment to the contract with Securitas Services USA
Inc. for security guard services at 1947 Center Street, extending the term of
the contract through February 29, 2004 and increasing the amount by $24,950 for
a total not to exceed $49,900.
Contact:
Rene Cardinaux, Public Works, 981-6300
Action: Adopted Resolution No. 62,198-
N.S. (PDF, 86 KB)
11.
Grant: Transportation for Clean Air Funds for Berkeley TRiP (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to 1) accept the TFCA grant of $50,000, and execute an agreement and
any amendments with the Alameda County Congestion Management Agency (Alameda
County CMA); and 2) appropriate the grant funding for related expenses for
Berkeley TRiP operations.
Contact: Peter
Hillier, Transportation, 981-7010
Action: Adopted
Resolution No. 62,199-N.S. (PDF, 73 KB)
12.
Trigger Locks on Firearms (PDF, 381 KB)
From: City Manager
Recommendation: Adopt second 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 Ordinance No. 6764-N.S.
(PDF, 151 KB) Effective October 9, 2003.
13.
Increase to Living Wage (PDF, 337 KB) (First and Second Reading - Abstain – Olds)
From: City Manager
Recommendation: Adopt second 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: Adopted
Ordinance No. 6765-N.S. (PDF,
100 KB) Effective
October 9, 2003.
14.
House Cars and Campers in Private Driveways (PDF, 344 KB)
From: City Manager
Recommendation: Adopt second 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 Ordinance No. 6766-N.S. (PDF, 100 KB) Effective October 9, 2003.
15.
Ellis Implementation Ordinance: Five Year Restriction on
Vacancy Rent Increases
(PDF, 1 MB)
From:
Rent Stabilization Board
Recommendation: Adopt second 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
Action: Adopted Ordinance No. 6767-N.S. (PDF, 538 KB) Effective October 9, 2003.
16.
Minutes for Approval (PDF,
3 MB)
From: City Manager
Recommendation:
Approve the minutes for Council meetings of July 8 (special and regular);
July 14 (closed); and July 15, 2003 (special and regular).
Contact:
Sherry Kelly, City Clerk, 981-6900
Action: Approved
minutes.
17.
Needle Exchange (PDF, 162 KB)
From: City
Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a
local emergency with regard to HIV transmission from use of HIV-Infected
Needles among injection drug users, and authorizing the local health officer to
take steps to enable the operation of Needle Exchange Emergency Distribution.
Contact: Sherry Kelly, City Clerk, 981-6900
Action: Adopted
Resolution No. 62,200-N.S. (PDF, 97 KB)
18.
Council Meeting Calendar - Year 2004 (PDF, 690 KB)
From: City Manager
Recommendation: Adopt a Resolution establishing a calendar
for the City Council regular meetings for the Calendar Year 2004 with starting
times of 7:00 p.m. and work sessions to be scheduled for 5:00 p.m. prior to a
regularly scheduled Council meeting.
Contact:
Sherry Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 62,201-N.S.
(PDF, 595 KB) as
amended.
19.
Lease: 1769 Alcatraz Avenue (PDF, 867 KB)
From: City
Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the City Manager to exercise the
option to extend the lease agreement with Thomas Goetzl for the real property
located at 1769 Alcatraz Avenue for an additional period from November 1, 2003
through October 31, 2005 in an amount not to exceed $25,000 for the purpose of
office space and utilities for the Women, Infant and Children Expanded
Breastfeeding Program.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted first reading of the Ordinance.
Second reading scheduled for September 16, 2003.
20.
Lease: 1950 Addison
Street (PDF, 299 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance
authorizing the City Manager to accept a continued month-to-month tenancy with
1950 Addison Associates, LLC, for that portion of 1950 Addison Street used for
the operation of the Berkeley WorkSource One Stop Career Center, as set forth
in the letter of confirmation from Seagate Properties, Inc; and ratifying the
payment of back rent and operating expenses in the amount of $23,505.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Adopted first reading of the Ordinance.
Second reading scheduled for September 16, 2003.
21.
Application for CalHome Funds (PDF, 251 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the Housing Department to submit an
application to the State of California Department of Housing and Community
Development (HCD) for up to $500,000 in funding under the CalHome
Owner-Occupied Rehabilitation Program.
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted
Resolution No. 62,202-N.S. (PDF, 92 KB)
22.
Security Deposit Revolving Loan Fund Program (PDF, 305 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) committing an
additional $150,000 in loan funds to fund the Security Deposit Revolving Loan
Fund Program (SDRLFP) administered by the Berkeley Housing Authority (BHA); and
2) advancing the SDRLFP with $150,000 in HOME Program funds from the current Housing
Trust Fund account to be reimbursed when the loan funds become available.
Contact:
Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 62,203-N.S.
(PDF, 84 KB)
23.
Contract: Legal Services (PDF, 277 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to make payments to Hanson Bridgett Marcus Vlahos Rudy LLP in an amount
not to exceed $50,000 for legal services pertaining to federal and state tax
issues for the period of January 1, 2003 through June 30, 2004.
Contact:
Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 62,204-N.S.
(PDF, 86 KB)
24.
Initial Study Related to Proposed Uses at Aquatic Park Main
Lagoon (PDF, 817 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to prepare an Initial
Study to determine any environmental impacts related to use of the Main Lagoon
at Aquatic Park by a proposed lease with the Berkeley High School (BHS) Women’s
Crew and by the existing use of the Lagoon by the Berkeley Rowing Club and the
Berkeley Waterski Club.
Contact: Lisa Caronna, Parks Recreation and Waterfront,
981-6700
Action: Moved, seconded, carried (Maio/Wozniak) to
hold this matter over to September 16, 2003.
25.
License Agreement: University of California Cal Adventures
Program (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a License Agreement and any amendments with the Regents of
the University of California (UC) to use City property at the Berkeley Marina
for the UC Cal Adventures Program through December 31, 2008 with compensation
beginning at $15,000 and increasing by $500 for each year with one five-year
option period, for a total revenue amount of $55,000 for the initial term.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 62,205-N.S.
(PDF, 84 KB)
26.
Grant: Comprehensive Driving Under the Influence (DUI)
Enforcement and Education Program (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to accept a grant from the State of California, Office of Traffic
Safety (OTS), for $222,185, to fund a Comprehensive DUI Enforcement and
Education Program, from October 1, 2003 through September 30, 2005.
Contact:
Roy Meisner, Police, 981-5900
Action: Adopted Resolution No. 62,206-
N.S. (PDF, 82 KB)
27.
Purchase Order: Evidence Testing (PDF, 161KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to increase a purchase order to Alameda County Criminalist Laboratory
for evidence testing and analysis by $2,113 for a total amount not to exceed
$29,113.
Contact:
Roy Meisner, Police, 981-5900
Action: Adopted Resolution No. 62,207-
N.S. (PDF, 62 KB)
28.
Purchase Order: Computerized Fingerprinting (PDF, 150 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to increase a purchase order to the State of California for the
computerized fingerprinting system known as Live Scan by $5,714 for a total not
to exceed $45,714.
Contact:
Roy Meisner, Police, 981-5900
Action:
Adopted Resolution No. 62,208-N.S. (PDF,
63 KB)
29.
Contract: On-Call Traffic Engineering Services (PDF, 206 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment
to the contract with DKS Associates increasing amount by $20,000 for a total
not to exceed $50,000 for on-call traffic engineering services, and extending
the term to June 30, 2004.
Contact: Peter Hillier,
Transportation, 981-7010
Action: Adopted Resolution No. 62,209-N.S.
(PDF, 88 KB)
30.
Contract: On-Call Traffic Engineering Services (PDF, 204 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute an amendment to the contract with TJKM Transportation
Consultants increasing the amount by $20,000 for a total not to exceed $50,000
for on-call traffic engineering services, and extending the term to June 30,
2004.
Contact: Peter Hillier,
Transportation, 981-7010
Action: Adopted Resolution No. 62,210-
N.S. (PDF, 86 KB)
31.
Fee Waiver: United
Nations Association's Fifth Annual Run for Peace (PDF, 119 KB)
From:
Councilmember Breland
Recommendation:
Adopt a Resolution waiving fees covering the application, deposit,
insurance and police personnel for the East Bay Chapter of the United Nations
Association’s Fifth Annual Run for Peace of September 21, 2003.
Contact: Margaret Breland, Councilmember District 2,
981-7120
Action: Adopted
Resolution No. 62,211-N.S. (PDF, 63 KB)
32.
Public Safety Building Antennae (PDF, 188 KB)
From: Councilmember Spring
Recommendation: Set a public hearing on the relocation
of the Public Safety Building Antennae to coincide with the date of the
consultant’s report currently scheduled for October 21st.
Contact:
Dona Spring, Councilmember District 4, 981-7140
Action: Approved recommendation and scheduled public
hearing for October 21, 2003.
33.
Immigrant Workers Freedom Rides (PDF, 169 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting the Immigrant
Workers Freedom Rides, a national mobilization to focus public attention on
immigrant rights and the injustices of current immigration policies.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Adopted Resolution No. 62,212-N.S.
(PDF, 116 KB)
34.
Support “Corporate Tax Accountability Act” State Ballot
Measure (PDF, 141 KB)
From: Councilmember Worthington
Recommendation: Support the “Corporate Tax
Accountability Act,” the state initiative to reduce the legislative vote
requirement necessary to eliminate or limit special corporation tax provisions.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation.
35.
Oppose Proposition 54: Racial Privacy Initiative (PDF, 89 KB)
From: Councilmembers
Worthington, Breland and Maio
Recommendation: Oppose Proposition 54 (Racial Privacy
Initiative, also known as the ban on information about racial discrimination)
for the October 7th Special California Election and send letters of
opposition to Governor Gray Davis, State Assemblywoman Loni Hancock, and State
Senator Don Perata.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170, Margaret Breland,
Councilmember District 2, 981-7120 and Linda Maio, Councilmember District 1,
981-7110
Action: Approved recommendation.
36.
SR 212: Honoring the
Dalai Lama (PDF, 159 KB)
From:
Councilmember Worthington
Recommendation:
Support the United States Senate Resolution 212 (Feinstein) in honoring
the Dalai Lama in his commitment to non-violence, human rights, freedom and
democracy.
Contact: Kriss Worthington, Councilmember District 7,
981-7170
Action: Approved recommendation.
37.
Bicycle Boulevards/Traffic Circle Funding (PDF, 128 KB)
From: Councilmember Worthington
Recommendation: Freeze spending from the $140,000 bicycle
boulevard funding proposed to be shifted for traffic circles and delay Council
vote on Worthington compromise item to the
meeting of October 21, 2003, to give the City Manager time to write a
report and to give the Transportation Commission time to prepare their
recommendations.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved recommendation amended by
Councilmember Hawley to remove some of the background information.
38.
Reappointment of Laura Anderson
a. From:
Board of Library Trustees (PDF, 97 KB)
Recommendation: Adopt a Resolution approving the
recommendation of the Board of Library Trustees to reappoint Laura Anderson for
a second four-year term ending October 1, 2007.
Contact:
Jackie Griffin, Secretary, 981-6195
b.
From:
City Manager (PDF, 47 KB)
Recommendation: The City Manager concurs with the content
and recommendations of the report.
Contact:
Jackie Griffin, Library Services, 981-6195
Action: Adopted Resolution No. 62,213-N.S.
(PDF, 58 KB)
39.
Appointments: Mental Health Commission
a. From:
Mental Health Commission (PDF, 206 KB)
Recommendation: Adopt a Resolution appointing Douglass Cobb,
Patricia Wall, Michael Diehl, and Howard King to the Mental Health Commission,
General Public Interest Category for three-year terms beginning September 10,
2003 and ending September 9, 2006; and appointing Patricia Thomas to the Mental
Health Commission, Special Public Interest Category for a three-year term beginning
September 10, 2003 and ending September 9, 2006.
Contact:
Harvey Turek, Secretary, 981-5213
b. From:
City Manager (PDF, 48 KB)
Recommendation: The City Manager concurs with the content
and recommendation of the report.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 62,214-
N.S. (PDF, 78 KB)
40.
Berkeley Unified School District Pool Use and Finances (PDF, 293 KB)
a. From:
Parks and Recreation Commission
Recommendation: Direct the City Manager to: 1) provide the Commission with a
complete and current accounting report of receivables and payables between the
City and the Berkeley Unified School District (BUSD) regarding the joint use of
pools; 2) continue to track accounts regarding the pools with separate line
items to the extent reasonable; 3) credit the Parks Recreation and Waterfront
Department program for any revenue collected from BUSD for shared pool use; and
4) report to Council if there is a revenue shortfall.
Contact: Deborah Chernin, Secretary, 981-6715
b. From:
City Manager
Recommendation: The City Manager concurs with the content
and recommendation of the report.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
Action: Approved recommendation.
Action
Calendar – Public Hearing
41.
Appeal: 1936 Delaware Street
a. From:
City Manager (PDF, 80 KB) (September
9, 2003)
Recommendation: Continue the hearing to October 14, 2003.
Contact: Dan Marks, Planning, 981-7400
b. From: City Manager (PDF, 541 KB) (July 8, 2003)
Recommendation: Continue the public hearing to either July
15, 2003 or September 16, 2003 in an effort to reach an agreement between the
parties.
Contact: Phil Kamlarz, Planning, 981-7400
c.
City
Manager Supplemental Report (PDF, 256 KB)
(June 17, 2003)
Recommendation: Grant the request of the applicant and
appellant to continue the public hearing, without taking testimony, to July 8,
2003, and waive Council rules to schedule a public hearing on a non-public
hearing night.
Contact: Phil Kamlarz, Planning, 981-7400
d. From:
City Manager (May
13, 2003)
Recommendation: Adopt a Resolution affirming the Zoning
Adjustments Board’s approval of Use Permit #02-10000060, to add two dwellings
by enlarging an existing single-family dwelling by raising it one story and by
constructing a second two-story building, and dismissing the appeal.
Contact:
Carol Barrett, Planning, 981-7400
e. Appeal (PDF, 300 KB)
(May 13, 2003)
1.
Ted Kluger
f. Communications (PDF, 9 MB) (May 13, 2003)
1. Jane
and Ted Kluger (3)
2.
Patricia Hom
3.
David Levy, Morrison & Foerster
4.
Rena Rickles
g. Supplemental
Communication (PDF, 2 MB) (May
13, 2003)
20.
Ted Kluger (2)
21.
Petition with 46 Signatures, submitted by Jayne Kluger
22.
Rena Rickles
23.
James Mellgren
24.
Sydney Turnshek
h. Supplemental
Communication (PDF, 290 KB) (May
13, 2003)
39.
Sydney Turnshek
40.
James Mellgren
i. Communications
(PDF, 2 MB) (June 17, 2003)
1. Ted
Kluger (2)
2. David
C. Levy, Morrison & Foerster LLP (2)
3. Sydney
Turnshek
j. Supplemental Communications
(PDF, 195 KB) (June 17, 2003)
16. Rena Rickles (2)
Action: Moved, seconded, carried
(Worthington/Breland) to approve the recommendation to continue the public
hearing to October 14, 2003.
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 – Old Business
42.
Interpretation of Major Residential Additions (held over from 7/15/03 by
Hawley) Part
A
(PDF, 121 KB)
| Part B
(PDF, 50KB)
From: Councilmember Spring (PDF, 515 KB) (report of 9/9/03)
Recommendation: Request the Planning and Zoning
Commissions review and clarify how “addition by right” interfaces/effects
nearby property owners’ views and rights to solar protection granted in
Berkeley’s Solar Protection Ordinance.
In addition, the commissions should consider whether “addition by right”
could occur with additional square feet from a demolition on the same
property. The commissions should
also clarify that the “addition by right” be allowed one time only on each
property.
Contact:
Dona Spring, Councilmember District 4, 981-7140
Action:
Moved, seconded, carried (Hawley/Spring) to approve the recommendation
amended by Councilmember Hawley to eliminate language already approved in a
previous motion as noted above.
Action Calendar – New Business
43.
Lease: 225/235 University Avenue at Berkeley Marina (PDF, 7 MB)
From: City
Manager
Recommendation:
Adopt second 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 the Consent Calendar by
Councilmember Worthington and adopted Ordinance 6768-N.S. (PDF,
130 KB) Effective October 9, 2003.
44.
Dangerous and/or Sharp Material on Fences (PDF, 4 MB)
From: City Manager
Recommendation: Adopt an Ordinance amending the Berkeley
Municipal Code (BMC) Section 23D.08.060.A(1) to prohibit the use of dangerous
and/or sharp material in or on top of fences in residential districts and
amortize existing uses under a schedule.
Contact:
Dan Marks, Planning, 981-7400
Action: Moved to the Consent Calendar by
Councilmember Worthington and adopted first reading of an Ordinance. Second reading scheduled for September 16,
2003.
45.
HUD Section 108 Loan Guarantee for the Jubilee Village (PDF, 2 MB)
From: City Manager
Recommendation: Adopt a Resolution approving a U.S. Housing
and Urban Development (HUD) Section 108 Loan Guarantee Program application for
the Jubilee Village in an amount not to exceed $4,000,000 and authorizing the
use of current and future Community Development Block Grant funds as the
ultimate security to participate in the Section 108 program.
Contact:
Stephen Barton, Housing, 981-5400
Actions: Moved,
seconded, failed (Spring/Breland; Abstain – Shirek, Hawley, Olds, Wozniak,
Bates) to approve the loan with a condition that the loan amount not exceed 90%
of the appraised value of the land.
Moved, seconded, carried (Maio/Worthington; Abstain –
Olds) to adopt Resolution No. 62,215-N.S. (PDF,
97 KB)
approving the loan with a condition
that the loan amount not exceed 80% of appraised value of the land.
46.
Inquiry into Death of Americans in Middle East (PDF, 153 KB)
From: Councilmembers Olds and
Hawley
Recommendation: Direct the City Manager to send a letter to
President Bush, Senators Boxer and Feinstein and Representative Lee calling on
the United States Government to undertake a full, fair and expeditious
investigation into the deaths and/or injuries sustained by all Americans since
September 28, 2000 in Israel, the West Bank and Gaza due to ongoing conflicts,
and urge the adoption of an amendment to House Concurrent Resolution 111 that
would expand the inquiry to involve an investigation into all such tragic
incidents.
Contact:
Betty Olds, Councilmember District 6, 981-7160 and Miriam Hawley, Councilmember
District 5, 981-7150
Actions: Moved,
seconded, failed (Hawley/Wozniak; Noes – Maio, Breland, Shirek, Spring,
Worthington) a motion to postpone indefinitely.
Moved, seconded, failed (Hawley/Wozniak; Noes – Breland,
Shirek, Spring, Worthington; Abstain - Maio) to approve recommendation. Item to be placed back on the September 16,
2003 agenda.
47.
HR 111: Investigation into Death of Rachel Corrie
a. From:
Peace and Justice Commission (PDF, 42 KB)
Recommendation: Adopt a Resolution directing the City Manager to send a letter to
President George Bush, Senators Barbara Boxer and Dianne Feinstein, and
Representative Barbara Lee calling on the United States Government to undertake
a full, fair, and expeditious investigation into the death of Rachel Corrie,
and urging the adoption of House Concurrent Resolution 111, which expresses the
same intent.
Contact: Manuel Hector, Secretary, 981-5110
b. From:
City Manager (PDF, 443 KB)
Recommendation:
The City Manager takes no position
on this matter.
Contact:
Fred Medrano, Health and Human Services, 981-5100
Actions:
Moved, seconded, failed (Hawley/Wozniak; Noes – Maio, Breland, Shirek,
Spring, Worthington) a motion to postpone indefinitely.
Moved, seconded, carried (Shirek/Breland; Noes –Hawley,
Olds, Wozniak, Bates) to adopt Resolution No. 62,216-N.S.
(PDF, 127 KB)
48.
Election Schedules – October 7, 2003, March 2, 2004 and
November 2, 2004 (PDF,
632 KB)
From: City Manager
Contact:
Sherry Kelly, City Clerk, 981-6900
Action: Received and filed.
49.
Formal Bid Solicitations and Request for Proposals (PDF, 462 KB)
From: City Manager
Contact: Fran David, Finance, 981-7300
Action: Received and filed.
50.
Investment Report: Quarter Ending June 20, 2003 (PDF, 5 MB)
From: City Manager
Contact:
Fran David, Finance, 981-7200
Action: Received and filed.
51.
Landmarks Preservation Commission Notices of Decision -
Approval of Landmark Application: 2424 Fulton Street, 1427 Hawthorne Terrace,
883 Arlington Avenue
(PDF, 12 MB)
From: City
Manager
Contact: Dan Marks, Planning, 981-7400
Action: Received and
filed.
52.
Landmarks Preservation Commission Notices of Decision -
Approval of Structural Alteration Permits: 1900 Addison Street, 1940 University
Avenue, 2424 Fulton Street, and 1099 Ashby Avenue (PDF, 4 MB)
From: City Manager
Contact:
Dan Marks, Planning, 981-7400
Action: Received and filed.
53.
Household Hazardous Waste Home Collection Program (PDF, 128 KB)
From:
Commission on Disability
Contact: Paul Church, Secretary, 981-6342
Action: Received and
filed.
54.
Crowd Control Training for Police Department (PDF, 2 MB)
From:
Police Review Commission
Contact: Barbara Attard, Secretary, 981-4950
Action: Received and filed.
55.
Change to Police Department General Order, “Detention and
Arrest of Juveniles”
(PDF, 1 MB)
From: Police Review Commission
Contact: Barbara Attard, Secretary, 981-4950
Action: Received and filed.
56.
FY 2004 Annual Work Program (PDF, 180 KB)
From: Solid Waste Management
Commission
Contact:
Becky Dowdakin, Secretary, 981-6357
Action: Received and filed.
Council rules limit action on
Communications to referral to the City Manager and/or Boards and Commissions
for investigation and/or recommendations.
Traffic Calming in Ocean View
Neighborhood (Maio,
Hawley)
1.
Karin Patterson
2.
Beatriz Coll
3.
Claire Verbinski
4.
Christine Vida
Lawrence Berkeley National
Laboratory Proposed Construction
5.
Alan Gould
6.
Diane A. Tokugawa
Homeless Masses
7.
Patrick Kennedy
Defer City Employee Raise
8.
Barbara Gilbert
Close Fishing in Codornices
Creek
9.Robert R. Treanor, Fish
and Game Commission
Fitness Center Memberships
10.
Karen Davis, United Pool Council of Berkeley
Domestic Security Enhancement
Act of 2003
11.
Barbara Boxer, United States Senator
AC Transit Unresponsive Board
Members
12.
Shang-Mei Lee
Nuclear Facility (Wozniak requested this be
referred to the Peace and Justice Commission)
13.
Joni Arends, Becky Lo Dolce, and Jay Coghlan, Concerned
Citizens for Nuclear Safety
Proposed Move of the Berkeley
Adult School (Maio,
Breland)
14.
Carol Thornton for Christopher Knoll, Jane Kelly, Tom Kelly,
Jane Eisley, Eric Roberts, Fran Berges, Nina Falk, Bob Marsh, Patti Marsh
Murder Suspect Apprehended (Breland)
15.
Sam Herbert
1698 University (Maio, Spring)
16.
John Sloan
City Budget Matters
17.
Barbara Gilbert
3101-3115 California Street (Breland)
18.
Robin Wright
1698
University Avenue (Maio,
Spring)
19.
Irene Rice (2)
City Manager Powers to Adjust
Labor Contracts
20.
Barbara Gilbert
Berkeley Women’s Crew – Aquatic
Park (Breland)
21.
Karen Graul
22.
Deborah Trillia
Suspend Design Review Approval
for 1854-1858 Euclid Avenue (Spring)
23.
Joan M. Torykian
Item
20: Lease: 1950 Addison Street
24. Supplemental Attachment to Report, submitted by HHS
(PDF, 75 KB)
Item 24:
Initial Study Related to Proposed Uses at Aquatic Park Main Lagoon (Olds)
25.
Francie Sloan
26.
Emilie A. Strauss
27.
Mary Glaeser
28.
Sarah Brann
29.
Heather Jacobsen
30.
Carol Thornton, Aquatic Park Subcommittee
31.
Arthur Feinstein, Golden Gate Audubon Society
Item 25: License Agreement:
University of California Cal Adventures Program
32. Supplemental Report, submitted by the Peace and Justice
Commission (PDF, 201 KB)
33.
Elliot Cohen
Item 37: Bicycle Boulevards/Traffic Circle Funding
34.
Mark Abrahams (2)
35.
Judith Reich
36.
David Coolidge
37.
Bob Price
38.
William Dennehy
39.
Ian Baker
40.
Mark Foy
41.
Devaki Chandra
42.
Peter R. Lipow
43.
Edward Lopez
44.
Anthony Santangelo
45.
David Quist
46.
Stefan Lasiewski
47.
Bob Muzzy
48.
Kai Matsuda
49.
Rachel Zamore and David Cohen
50.
Mitch Cohen
51.
Rick Lewis
52.
Hank Resnik
53.
Wendy Lichtman
54.
Annie Decker
55.
Scott Mace
56.
Dhea Maloney
57.
Joel Fajans
Item 47: HR 111: Investigation
into Death of Rachel Corrie
58.
Cindy and Craig Corrie, and the Corrie Family
59.
Shang-Mei Lee
60.
Clifford Fred
Item 15: Ellis Implementation
Ordinance: Five Year Restriction on Vacancy Rent Increases
61.
Jesse L. Arreguin, ASUC City Affairs Lobby and Housing
Commission
Adjourned at 10:14 p.m. in memory of Rachel Corrie.
