Regular Meeting eSummary
March 16
, 2004

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, March 16, 20047:00 P.M.

Preliminary Matters

Roll Call:  7:45 p.m.  All present.

City Manager Comments:  None.

Public Comment:  12 speakers.


Consent Calendar

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

1.      Contract: Intensive Case Management Services to Postpartum Women and Infants (PDF, 181 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Through the Looking Glass for intensive case management services to postpartum women and infants to increase the amount by $24,000 for a total not to exceed $48,000 for the period of July 1, 2002 to June 30, 2004.

Financial Implications:  Health and Human Services, Public Health Division - $48,000.

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

Action: Adopted Resolution No. 62,405 – N.S. (PDF, 102 KB)

2.      Benefit Modifications for the Police Chief (PDF, 547 KB)

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,777-N.S. (Unrepresented Employee Manual) to modify employee benefits for the Police Chief retroactive to his time of appointment on March 11, 2003.

Financial Implications:  None.

Contact: Nicki Spillane, Human Resources, 981-6800

Action: Adopted Resolution No. 62,406 – N.S. (PDF, 302 KB)

3.      Proclamation Honoring Cesar Chavez (PDF, 163 KB)

From: Mayor Bates and Councilmember Worthington

Recommendation:  1) Approve a proclamation declaring March 31, 2004 as Cesar Chavez Service to the Community Day; and 2) direct that the City website list appropriate Chavez-related commemoration events.

Contact: Tom Bates, Mayor, 981-7100

Action: Approved proclamation.

4.      Oppose Constitutional Amendments Banning Marriage Rights for Same-Sex Couples (PDF, 171 KB)

From: Councilmember Worthington and Mayor Bates

Recommendation:  Oppose Constitutional Amendments Banning Marriage Rights for Same-Sex Couples (House Joint Resolution 56 and Senate Joint Resolution 26).

Contact: Kriss Worthington, Councilmember District 7, 981-7170 and Tom Bates, Mayor, 981-7100

Action: Approved recommendation (Noes – Breland).

5.      Support New Management for Claremont Hotel and Spa (PDF, 34 KB)

From: Mayor Bates and Councilmembers Worthington and Maio

Recommendation:  Adopt a Resolution encouraging the new owners of Claremont Hotel and Spa to bring in new management to avoid previous problems with the community and union.

Contact: Kriss Worthington, Councilmember District 7, 981-7170, Linda Maio, Councilmember District 1, 981-7110, and Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,407 – N.S. (PDF, 126 KB) (Abstain – Wozniak)

6.     Non-defended Localities Movement in Japan

a.      From: Peace and Justice Commission (PDF, 523 KB)

Recommendation:  Adopt a Resolution extending greetings to the citizens of Japan who are working for the elimination of war and for peace conversion; expressing congratulations to the organizers of and participants in the Non-Defended Localities Movement and wishing them success at their organizing conference on March 7, 2004, and in their efforts to create a more peaceful community, country and world.

Contact: Manuel Hector, Secretary, 981-5110

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

Recommendation:  The City Manager takes no position concerning the recommendations of the commission.

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

Actions: Removed from the Consent Calendar by Councilmember Hawley.

Moved, seconded, carried (Hawley/Maio) a severed motion as follows:

Adopt Resolution No. 62,408 –N.S. (PDF, 258 KB) extending greetings to the citizens of Japan who are working for the elimination of war and for peace conversion. (Absent – Olds; Abstain – Wozniak)

Expressing congratulations to the organizers of and participants in the Non-Defended Localities Movement and wishing them success at their organizing conference on March 7, 2004, and in their efforts to create a more peaceful community, country and world.  (Noes – Hawley; Abstain – Shirek, Wozniak; Absent - Olds)
 

Action Calendar – Public Hearing

7.      Harriet Tubman Terrace Apartments – 2870 Adeline Street (PDF, 381 KB)

From: City Manager

Recommendation: Conduct a public hearing to consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of multifamily housing revenue bonds at no time to exceed $9,000,000 in outstanding aggregate principal amount, to finance the acquisition and rehabilitation of a 91-unit multifamily rental housing project, located at 2870 Adeline Street, and generally known as Harriet Tubman Associates, LP, or affiliated entities.

Contact: Stephen Barton, Housing, 981-5400

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

Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 62,409 – N.S. (PDF, 164 KB)

Action Calendar – New Business

8.      Ballot Measure: Campaign Contribution Limitations (PDF, 1 MB)

From: City Manager

Recommendation:  Provide policy direction as to whether to place a ballot measure on the November 2004 general municipal election ballot to raise candidate contribution limits in the Berkeley Election Reform Act (BERA) and if so, to provide direction to the City Attorney as to the amount of such increased limits and the races in which it would be applicable for preparation of an appropriate amendment.

Financial Implications:  $5,000-10,000 to place measure on the ballot.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Sherry Kelly, City Clerk, 981-6900

Action: Moved, seconded, failed (Wozniak/Olds; Noes – Maio, Breland, Spring, Worthington, Bates) directing the City Attorney to prepare a ballot measure for the November 2004 general municipal election ballot raising the contribution limits from $250 to $500 for mayoral candidates.

9.      Ballot Measure: Public Financing of Election Campaigns (PDF, 6 MB)

From: City Manager

Recommendation:  In consideration of adopting a public financing program, direct the City Attorney to: 1) submit an amendment of the Berkeley Election Reform Act (BERA) to the Fair Campaign Practices Commission (FCPC) for its approval by a two-thirds vote to permit Council to enact a public financing program; 2) if the FCPC approves the amendment by a two-thirds vote, submit such amendment for adoption by the City Council after a public hearing on May 18, 2004; and 3) if the FCPC does not approve the amendment, prepare a ballot measure for the May 18, 2004 Council meeting incorporating such amendment for the Council’s submission to the electorate in November 2004.

Financial Implications:  $5,000-10,000 to place measure on the ballot.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Sherry Kelly, City Clerk, 981-6900

Action: Directed staff to return by April 27, 2004 with information, including components, costs and funding options for both a full public financing and matching public financing program for the offices of auditor, mayor and council and information on raising the salaries of elected officials.

10.  Specifying Cultural Space for Density Bonus  (PDF, 194 KB)

From:  Councilmember Spring

Recommendation:  Specify: 1) the two-story additional height bonus of residential development in exchange for cultural space be given to only nonprofit cultural and/or arts organizations; 2) the cultural space granted to these organizations must be used as public venues which allows for the public to experience cultural and arts events in the space; 3) the upper two floors of the density bonus cannot be rented or sold until the cultural space is granted to an arts organization(s); 4) the financial terms of the agreement between the developer and arts organizations shall be public information; 5) if the two floors of cultural space are vacant for more than three months, the development will be deemed out of compliance with its use permit; 6) a change of cultural use shall be approved by the Zoning Adjustments Board as is the current practice and the Civic Arts Commission shall also approve the cultural use and be notified when an application for a cultural density bonus is submitted; and 7) the additional two floors of housing granted as a bonus for cultural space shall also be required to meet requirements for 20% inclusionary housing and request the City Manager return to Council with an ordinance.

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

 

Actions: Moved, seconded (Hawley/Olds) a main motion to refer Councilmember Spring’s revised recommendations to the Planning Commission and Civic Arts Commission excluding items 2 and 6.

Moved, seconded (Maio/Worthington) a substitute motion to refer Councilmember Spring’s revised recommendations to the staff and to the Planning Commission and Civic Arts Commission as follows:

1) The “cultural” space that enables the construction of additional residential units in a development (one floor for each 5,000 sq. ft. of arts space) shall be given only to non-profit cultural and/or arts organizations as specified and defined in Berkeley’s General Plan. (Carried)

2) The cultural space granted to these organizations must be used only as public venues allowing the public to attend cultural and arts events on a regular on-going basis in the space. (Failed – Hawley, Olds, Bates; Abstain – Shirek, Wozniak)

3) The additional residential units whose construction is enabled by the provision of the cultural space may not be rented or sold until cultural space is fully occupied by one or more non-profit cultural and/or arts organizations. (Failed – Noes – Hawley, Olds, Bates, Abstain – Shirek, Wozniak)

4) The financial terms of the agreement between the developer and the non-profit cultural and/or arts organizations shall be public information. (Carried)

5) Any use proposed for the cultural space enabling the construction of additional residential units requires the approval of the Zoning Adjustments Board, as is the current practice.  And the Civic Arts Commission shall be notified when an application for a cultural density bonus is submitted so that prior to approval, the proposed “arts” tenant shall be reviewed and recommended by the Civic Arts Commission as required by the General Plan. (Carried)

6) If more than 25% of the qualifying cultural space is vacant for more than six months, and no new use permit has been pursued, the development shall be deemed out of compliance with its use permit and the Civic Arts Commission shall select an arts group to occupy the cultural space with approval of the Zoning Adjustments Board.  (Failed – Noes – Hawley, Olds, Bates; Abstain – Shirek, Wozniak)

7) The additional housing units enabled under terms of this provision shall include Berkeley’s required 20% inclusionary affordable housing. (Carried)

Information Reports

11.  Public Safety Building Communications Tower: Process and Costs to Relocate  (PDF, 250 KB) (CF 71-03)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

12.  Annual Household Cleanups in 2004 (PDF, 2 MB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6330

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.

Police Dogs

1.      Joe Madden

2.      Ben Gilkey

3.      Nimish Desai

4.      Terry Kekaha

New Chancellor for Berkeley Campus

5.      Doug Buckwald

Instant Runoff Voting – Measure I

6.      Ryan Dunning

Pedestrian Right-of-Way

7.      Anne Marselis, Saint John’s Neighbors

AC Transit Bus Rapid Transit Project

8.      Pat Phillips, Telegraph Area Association
 

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

Item 10: Specifying Cultural Space for Density Bonus

9.      Revised Report, submitted by Councilmember Spring (PDF, 437 KB)

10. Barbara Gilbert
 

Adjournment

Adjourned at 10:15 p.m. in memory of George Wilbert McKinney, Sidney Marshall Hodges, Elizabeth “Biz” Marcus.