Regular Meeting eSummary
September 9
, 2003

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Summary

BERKELEY CITY COUNCIL MEETING

Tuesday, September 9, 20037:00 P.M.

City Council Chambers, 2134 Martin Luther King Jr. Way
 

Preliminary Matters

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)

Consent Calendar

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)

Information Reports

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.

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.

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


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

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

 

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

Item 15: Ellis Implementation Ordinance: Five Year Restriction on Vacancy Rent Increases

61.  Jesse L. Arreguin, ASUC City Affairs Lobby and Housing Commission

 

Adjournment

Adjourned at 10:14 p.m. in memory of Rachel Corrie.