Regular Meeting eSummary
April 12
, 2005

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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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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SUMMARY

BERKELEY CITY COUNCIL MEETING

Tuesday, April 12, 20057:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconferencing Location – 1636 Channing Way, Berkeley, CA


Preliminary Matters

Roll Call:  7:25 p.m. All present.

Ceremonial Matters:

Proclamation recognizing Pacific Gas and Electric Company (PG&E) Solar Schools Program

City Manager Comments:  None.

Public Comment:  16 speakers.

Youth Comments:   No speakers.


Consent Calendar - Recess

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

1.      Contract: Shelter Plus Care Renewal Contract with the County of Alameda (PDF, 215 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to execute a renewal contract with the County of Alameda for the amount of $218,652, to provide tenant-based rental assistance through the Shelter Plus Care Supportive Housing Program for the 12-month period February 1, 2005 through January 31, 2006.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,852–N.S. (PDF, 71 KB)

2.      Co-Sponsorship of Rebuilding Together’s National Rebuilding Day (PDF, 187 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to co-sponsor Rebuilding Together’s participation in National Rebuilding Day on April 30, 2005.

Financial Implications: None.

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 62,853–N.S. (PDF, 80 KB)

3.     Contract: Summer Food Service Program (PDF, 753 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to execute a contract and any amendments with the San Lorenzo Unified School District to provide lunches and snacks to youth 18 years and younger through the California Department of Education Nutrition Services Division Summer Food Service Program for the period June 1, 2005 through August 31, 2008, in a total amount not to exceed $400,000; and rescinding Resolution No. 62,813–N.S.

Financial Implications: Youth Lunch Fund – $67,576 in FY 2006 (Reimbursed annually by the California Department of Education).

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Adopted Resolution No. 62,854–N.S. (PDF, 133 KB)

4.      Purchase Order: Lincoln Equipment Pool Supplies (PDF, 202 KB)

From: City Manager

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess authorizing expenditures up to $70,000 for pool supplies for Parks Recreation & Waterfront Department, Aquatic Programs provided by the Lincoln Equipment Inc. for the period of July 1, 2004 through June 30, 2005.

Financial Implications: General Fund and Capital Improvements Fund – $70,000.

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Adopted Resolution No. 62,855–N.S. (PDF, 77 KB)

Consent Calendar

5.      Zoning Ordinance Revisions for Teaching-related Home Occupation Permits (PDF, 27 KB) (First Reading March 22, 2005 – Unanimous)

From: City Manager

Recommendation:  Adopt second reading of an Ordinance incorporating comprehensive amendments to Title 23 of the Berkeley Municipal Code (BMC) to allow teaching-related home occupations by issuance of an Administrative Use Permit.

Financial Implications: Increased revenue (AUP application fee - $1,365).

Contact: Dan Marks, Planning, 981-7400

Action: Moved to Action by Councilmember Olds.  Held over to April 26, 2005 by the City Manager.

6.      Minutes for Approval (PDF, 2.5 MB)

From: City Manager

Recommendation: Approve the minutes for Council meetings of March 8, 2005 (special and regular), March 14, 2005 (closed), March 15, 2005 (regular) and March 22, 2005 (regular).

Contact: Sara T. Cox, City Clerk, 981-6900

Action: Approved minutes as submitted.

7.      Needle Exchange (PDF, 176 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: Sara T. Cox, City Clerk, 981-6900

Action:  Adopted Resolution No. 62,856–N.S. (PDF, 100 KB)

8.      Council Rules Amendment Permitting Public Comment on Quasi Judicial Matters (PDF, 1.5 MB)

From: City Manager

Recommendation:  Adopt a Resolution amending the Council Rules of Procedure J (c) to delete the limitation on public comment on appeals to conform to the Council resolution concerning quasi-judicial hearings.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,857–N.S. (PDF, 1 MB)

9.      Amendment to Graffiti Ordinance (PDF, 187 KB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.98.030 to add the phrase “of Berkeley” after the word “City” in the first and second sentences.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted first reading of Ordinance. Second reading scheduled for April 19, 2005.

10.  Shyanne Reese v. City of Berkeley (PDF, 153 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. HG 03 114568 entitled Shyanne Reese v. City of Berkeley in the amount of $64,000.

Financial Implications: Public Liability Fund – $64,000.

Contact: Manuela Albuquerque, City Attorney, 981-6950

Action: Adopted Resolution No. 62,858–N.S. (PDF, 70 KB)

11.  South Berkeley Revolving Loan Fund Administrative Plan (PDF, 4.6 MB)

From: City Manager

Recommendation:  Adopt a Resolution approving the Administrative Plan for the South Berkeley Revolving Loan Fund (RLF) for the expanded lending Target Area in South Berkeley.

Financial Implications: See report.

Contact: Tom Myers, Economic Development, 981-7530

Action: Held over to date uncertain by City Manager.

12.  South Berkeley Revolving Loan Fund Certification (PDF, 233 KB)

From: City Manager

Recommendation:  Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: None.

Contact: Tom Myers, Economic Development, 981-7530

Action: Held over to date uncertain by City Manager.

13.  Formal Bid Solicitations and Requests for Proposals (PDF, 206 KB)

From: City Manager

Recommendation:  Approve new invitations for bids and requests for proposals (RFP) that will be, or are planned to be, issued; that have been issued and received due to extenuating circumstances; or that have been sent out (opened) but not yet received (closed).

Financial Implications: Refuse Collection Disposal – $100,000.

Contact: Fran David, Finance, 981-7300

Action: Approved recommendation.

14.  Contract Amendment: X-Ray and Laboratory Services (PDF, 222 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Alta Bates Summit Medical Center for the provision of essential laboratory services to increase the contract amount by $20,000 for a total contract amount not to exceed $80,000.

Financial Implications: General Fund – $16,000; State Health Services Fund – $4,000.

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

Action: Adopted Resolution No. 62,859–N.S. (PDF, 96 KB)

15.  Proposed Elimination of the Federal Community Development Block Grant Program

a.      From: City Manager (PDF, 618 KB)

Recommendation:  Adopt a Resolution ratifying action of the City Manager taken during recess to communicate to congressional representatives, Senate Appropriation Subcommittees and League of California Cities that the City: 1) opposes eliminating Community Development Block Grant (CDBG) allocations in the FY 2006 Federal Budget; 2) supports preserving CDBG in the U.S. Department of Housing and Urban Development (HUD) Budget; and 3) supports preserving and increasing overall appropriation allocations for HUD programs.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

b.      From: Councilmember Worthington (PDF, 245 KB)

Recommendation: Adopt a Resolution urging Congress to fully fund the Community Development Block Grant (CDBG) program and retain the program within the Department of Housing and Urban Development (HUD).

Financial Implications:

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

Action: Adopted Resolution No. 62,860–N.S. (PDF, 153 KB) ratifying action of the City Manager.

16.  Revisions to the Zoning Ordinance (PDF, 4.2 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance to correct various typographic errors in Title 23 (Zoning Ordinance), and clarify long-standing interpretations of the regulatory text.

Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

Action: Adopted first reading of Ordinance. Second reading scheduled for April 19, 2005.

17.   Contract: West Street Improvement Project (PDF, 288 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the plans and specifications for the West Street Improvement project; accepting the bid of Granite Construction Company; and authorizing the City Manager to execute a contract and any amendments in a total amount not to exceed $755,000 for a period of 150 calendar days.

Financial Implications: Various Funds – $755,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,861–N.S. (PDF, 116 KB)

18.  Contract Amendment: Hills Fire Station (PDF, 187 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Alan Kropp & Associates, Inc. for geo-technical and soil testing services for the Hills Fire Station Project, increasing the amount by $10,000 for a total amount not to exceed $92,500 for the period April 12, 2005 through June 30, 2006.

Financial Implications: Measure G Fund – $10,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,862–N.S. (PDF, 83 KB)

19.  Contract Amendment: Sanitary Sewer Rate Analysis - Brown and Caldwell (PDF, 185 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Brown and Caldwell for sanitary sewer rate analysis, increasing the existing contract amount by $25,700 for a new total amount not to exceed $50,000 and extending the contract by 180 calendar days.

Financial Implications: Sanitary Sewer Fund – $25,700.

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Adopted Resolution No. 62,863–N.S. (PDF, 80 KB)

20.  Appointments to Alameda County Transportation Improvement Authority Citizen Advisory Committees (PDF, 67 KB)

From: Mayor Bates

Recommendation: Reappoint Linda Perry to the Alameda County Transportation Improvement Authority (ACTIA) Citizens Advisory Committee and Robert L. Smith to the ACTIA Paratransit Advisory Planning Committee.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,864–N.S. (PDF, 72 KB)

21.  Opposition to State-Mandated Defined Contribution Plan (PDF, 333 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution: 1) opposing Assembly Constitutional Amendment 5 (ACA 5) and Assembly Special Session Constitutional Amendment 1 (ACAX 1) to privatize the PERS retirement system; 2) supporting the League of California Cities Public Pension Reform model as the starting point for reducing pension costs and ensuring retirement security for our employees; and 3) sending letters to Assemblywoman Loni Hancock, State Senator Don Perata, and Governor Arnold Schwarzenegger indicating this position.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action: Adopted Resolution No. 62,865–N.S. (PDF, 187 KB)

22.  Support for Chancellor Robert Birgeneau’s Statements on the Importance of Diversity at UC Berkeley (PDF, 314 KB)

From: Mayor Bates

Recommendation:  Support UC Berkeley Chancellor Robert Birgeneau’s Statements on the detrimental effect Proposition 209 has had on the diversity of students at UC Berkeley.

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

23.   Improved Traffic Control at Gilman and Curtis Streets (PDF, 71 KB)

From: Councilmember Maio

Recommendation:  Request the City Manager to present a plan to the Transportation Commission to improve safety and traffic control at Gilman and Curtis, and submit the plan, including implementation, for Council approval.

Financial Implications: Staff time.

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

Action: Approved recommendation.

24.  Oppose Governor Schwarzenegger’s Petitions for a Special Election (PDF, 26 KB)

From: Councilmember Worthington

Recommendation:  Oppose Governor Schwarzenegger’s three petitions in circulation for a special election and urge people not to sign them.

Financial Implications: None.

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

Action: Approved recommendation (Abstain – Wozniak).

25.  Support National Housing Trust Fund Campaign (PDF, 136 KB)

From: Councilmember Worthington

Recommendation: Support the National Housing Trust Fund Campaign to establish a National Housing Trust fund to build, rehabilitate and preserve 1.5 million units of primarily rental housing for the lowest income families over the next ten years.

Financial Implications: None.

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

Action: Approved recommendation.

Action Calendar – Public Hearing

26.  Sewer Service Charges For Fiscal Year 2006 (PDF, 3.3 MB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 17.04.010, Rates for Designated Premises, and 17.04.015, Appeals; and 2) adopt a Resolution establishing sewer service charges for FY 2006, effective May 18, 2005.

Financial Implications: See report.

Contact: Rene Cardinaux, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing.  3 speakers.  Moved, seconded, carried (Moore/Maio) to close the public hearing.

Action: Moved, seconded, carried (Wozniak/Capitelli) to hold over to April 26, 2005.

27.   Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) (Held over from December 7, 2004 by Councilmember Anderson) 

a.      From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, hold over to April 26, 2005 for final deliberation and action.

b.      From: City Manager (PDF, 5 MB) (July 13, 2004 Report) 

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a major encroachment permit to the University of California for a pedestrian bridge crossing  (Foothill) over Hearst Avenue east of La Loma Avenue on the following conditions: 1) an improved bridge design is submitted and approved by the Public Works Director, in consultation with the Design Review Committee; 2) any detrimental effects on the immediate community are offset by contributing to specified pedestrian safety and public infrastructure improvements in the “Hearst Corridor,” in the amount of $200,000; and 3) all plan check comments and other technical issues are resolved to the satisfaction of the Public Works Director.

Financial Implications:  See report.

Contact: Rene Cardinaux, Public Works, 981-6300

c.   From: Public Works Commission (PDF, 3 MB) (July 13, 2004 Report) 

Recommendation:  Deny the application from the University of California for an encroachment permit, either a Conditional or a Full Permit, for a Pedestrian Bridge over Hearst Avenue near La Loma Avenue.

Contact: Egeberg, Secretary, 981-6406

d.   From: Public Works Commission (PDF, 125 KB) (November 9, 2004 Report)

Recommendation:  Should Council pursue the option of issuing a permit with mitigations, the following language should be adopted: “Whereas this project and its application for an encroachment permit have a unique history, therefore this permit does not create a precedent for future requests for such permits; and in the future, any such encroachment permits should be secured before any part of intended construction is begun.”

Financial Implications: None.

Contact: Jeffrey Egeberg, Secretary, 981-6406

e.   From: Councilmember Spring (PDF, 35 KB) (April 12, 2005 Report)

Recommendation: Request that the University of California fund alternatives to the proposed Foothill Pedestrian Bridge: 1) a seismically safe, base isolated pedestrian tunnel; and 2) upgrade and install pedestrian and bicycle activated traffic signals in the North and East campus area for increased public safety.

Financial Implications: None.

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

f.    From: Commission on Disability (PDF, 31 KB) (April 12, 2005 Report)

Recommendation: Approve the application from the University of California for the encroachment permit to build a pedestrian bridge over Hearst Avenue near La Loma Avenue.

Contact: Paul Church, Secretary, 981-6342

g.      Communications (July 13, 2004 – Numbering follows original sequence)

9.      Edward J. Denton, Facilities Services - University of California, Berkeley

h.   Supplemental Communications 1 (November 9, 2004 – Numbering follows original sequence)

118.    David Mandel, Facilities Services, Physical and Environmental Planning at U.C. Berkeley, care of Jeff Egeberg, Public Works Department

119.    Daniella Thompson

120.    Jan Robitscher

121.    Wendy P. Markel (2)

122.    Sharon Hudson

123.    Carl F. Friberg

i.        Supplemental Communications 2 (November 9, 2004 – Numbering follows original sequence)

137.    Doug Buckwald

138.    Roger Van Ouytsel, Carl Friberg and Jed Parsons

j.        Supplemental Communications 3 (November 9, 2004 – Numbering follows original sequence)

143.    Tom Myers

144.    Petition with 1073 signatures, submitted by Dan Woodard, University of California Residence Hall Assembly

145.    University Avenue Neighborhoods’ Network

k.   Communications (December 7, 2004 – Numbering follows original sequence)

4.      Sara Shumer

5.      Leonard Cottrell

6.      Elfi Z. Tarazona

7.      Daniella Thompson

8.      Martin Freedman

9.      Hank Mooney

10.  Wendy Markel, Berkeley Architectural Heritage Association

l.        Supplemental Communications 1 (December 7, 2004 – Numbering follows original sequence)

28.  Bayard and Nancy Allmond

29.  Wendy Alfsen, Walk&Roll Berkeley

m.    Supplemental Communications 2 (December 7, 2004 – Numbering follows original sequence)

35.  Proposed amendment, submitted by Councilmember Anderson

36.  Petition with 11 signatures, U.C. Berkeley Beverly Clearly Hall Executive Committee

37.  Petition with 7 signatures, U.C. Berkeley Cunningham Hall Association Committee

38.  Petition with 8 signatures, U.C. Berkeley Stern Residence Hall Executive Committee

39.  Petition with 10 signatures, U.C. Berkeley Norton Hall Association Executive Committee

40.  Valerie Escalante, Griffiths Hall Association Executive Committee

41. Petition with 12 signatures, U.C. Berkeley La Loma Hall Association Executive Committee

42. Petition with 12 signatures, U.C. Berkeley Cheney-Deutsch Hall Association Executive Committee

43. Petition with 14 signatures, U.C. Berkeley Foothill Hillside Hall Association Executive Committee

44.  Petition with 8 signatures, U.C. Berkeley Ehrman Hall Association Executive Committee

n.      Communications (January 18, 2005)

20.  Alan R. Seher, Esq., Weiss & Weissman, Inc., Counsel for NEDS

o.      Communications (April 12, 2005)

1.      Alan R. Seher, Esq., Weiss & Weissman, Inc., Counsel for NEDS

Public Testimony: The Mayor opened the public hearing.  31 speakers.  Moved, seconded, carried (Wozniak/Moore) to close the public hearing.

Action: Moved, seconded, carried (Anderson/Wozniak) to hold over to April 26, 2005 for final deliberation and action.

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

28.  Contract: Telephone Equipment Replacement (PDF, 188  KB) ( Held over from March 22, 2005 by City Manager) 

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nexus Inc. for telephone equipment replacement components and related services in the amount of $50,000 per year, for a total amount not to exceed $120,000 for the period April 1, 2005 through June 30, 2007.

Financial Implications: General Fund – $120,000.

Contact: Chris Mead, Information Technology, 981-6500

Action: Held over to April 26, 2005 by City Manager.

Action Calendar – New Business

29.   Amendments to Subdivision Ordinance Regarding Tenancies in Common 

a.   From: City Manager (PDF, 1.6 MB)

Recommendation:  1) Adopt first reading of an Ordinance amending and repealing various sections of BMC Chapter 21.28 to eliminate regulation of tenancies in common and limit fees for conversion of rental units to condominiums; and 2) refer to Housing Advisory Commission issues related to refinement of the Ordinance and drafting priorities to apply to units applying for condominium conversion.

Financial Implications: None.

Contact: Manuela Albuquerque, City Attorney, 981-6950 and Stephen Barton, Housing, 981-5400

b.      From: Councilmember Wozniak (PDF, 28 KB)

Recommendation: Request the City Manager, in light of probable repeal of the City’s Tenants in Common prohibition, to direct staff to review the current ordinance regulating condominium conversions, and return to Council with a recommendation to amend the BMC in order to: 1) make conversions to condominiums more attractive to property owners than conversions to tenants in commons; 2) maximize protection of existing tenants; and 3) direct any proceeds from condominium conversion into the Housing Trust Fund.

Financial Implications: Staff time; potential revenue for the Housing Trust Fund.

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

c.      From: Councilmember Spring (PDF, 10 KB)

Recommendation:  Request the City Manager direct staff, in collaboration with the Rent Stabilization Board to review the current ordinance regulating condominium conversions, and return to Council with a recommendation whether to amend the BMC in order to: 1) further protect affordable rental housing stock in the City of Berkeley; 2) maximize, to the degree possible, protection of existing tenants; and 3) direct any proceeds from condominium conversion into the Housing Trust Fund.

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

Action: Moved, seconded, failed (Anderson/Spring; Noes – Maio, Capitelli, Olds, Wozniak, Bates) a substitute motion to adopt the first reading of Ordinance as amended to require an affordable housing fee not to exceed fifteen per cent of the sales price of each unit.

Moved, seconded, carried (Capitelli/Wozniak; Noes - Worthington; Abstain - Anderson, Spring) to adopt first reading of Ordinance as amended to require an affordable housing fee not to exceed ten percent of the sales price of each unit. This cap on the affordable housing mitigation fee to expire October 26, 2005. Second reading scheduled for April 19, 2005.

30.  Parking Fine Revenue Improvements (PDF, 1.7 MB)

From: City Manager

Recommendation: Adopt a Resolution approving addition of one Parking Enforcement Supervisor (PES) position to improve enforcement operations and productivity and three additional Parking Enforcement Officer (PEO) positions to increase parking revenues and improve parking enforcement.

Financial Implications: Increased revenue – $293,460 in FY 2006; $805,677 in FY 2007.

Contact: Douglas N. Hambleton, Police, 981-5900

Action:  Moved to Consent by Councilmember Worthington.  Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 62,866–N.S. (PDF, 77 KB)

31.   State Density Bonus Calculations (PDF, 31 KB)

From: Councilmember Spring

Recommendation:  Establish that the City’s application of the state density bonus will be consistent with state law, Government Code §65915, (g), governing the density bonus statute, “The allowable density bonus is calculated at the date of application by the applicant to the city”.

Financial Implications: None.

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

Action: No action taken.

Information Reports

32.  Drayage: 651 Addison Street (PDF, 437 KB) (To be delivered)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

Action: Moved to the Action Calendar by Councilmember Moore.  Moved, seconded, carried (Moore/Worthington) to:  1) place this item on the April 19, 2005 agenda as an Information Report; 2) commend the tenants and owner of the Drayage for their commitment to working together to reach solutions to address recently discovered violations of the Fire Code, Building Code and Zoning Ordinance; 3) encourage exploration of any feasible alternatives that could facilitate creation of affordable housing for artisans; 4) in recognition of the tremendous efforts to resolve the situation, that the Council support the City Manager’s decision to not use City enforcement officials to evacuate the building; 5) given that the existing situation could lead to thousands of dollars a day in fines, it may be beneficial to the tenants and landlord alike to work out a phased payment schedule whereby tenants would receive incentives for early departures; and 6) recommend that the City Manager rescind any citations if the residential units are vacated by April 19, 2005.

33.  Community Choice Aggregation and Clean Energy Bond (PDF, 772 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300 and Stephen Barton, Housing, 981-5400

Action:  Removed and placed on April 26, 2005 Action Calendar by Councilmember Worthington.

34.  Community Choice Aggregation and PG&E Procurement (PDF, 603 KB)

From: City Manager

Contact: Stephen Barton, Housing, 981-5400 and Fran David, Finance, 981-7300

Action: Removed and placed on April 26, 2005 Action Calendar by Councilmember Worthington.

35.   Unrepresented Temporary Employees Information Report (PDF, 79 KB)

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

Action: Received and filed.

36.  Civic Center Park Rehabilitation Project (PDF, 273 KB)

From: City Manager

Contact: Marc Seleznow, Parks Recreation & Waterfront, 981-6700

Action: Removed by Councilmember Wozniak and placed on Action Calendar for April 19, 2005.

37.  Noise from Car Stereos and Motorcycle/Motor Scooters (PDF, 141 KB) (CF 66-04)

From: City Manager

Contact: Douglas N. Hambleton, Police, 981-5900

Action: Received and filed.

38.  Landmarks Preservation Commission Notice of Decision: Approval of Structural Alteration Permit- 2180 Milvia Street and 2640 College Avenue (PDF, 1.5 MB)

From: City Manager

Contact: Dan Marks, Planning, 981-7400

Action: Received and filed.

39.  Update on Use of Biodiesel (PDF, 357 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action: Received and filed.

40. West Berkeley Rail Stop Public Art Call for Artists (PDF, 160 KB)

From: Civic Arts Commission

Contact: Mary Ann Merker, Secretary, 981-7533

Action: Received and filed.


Communications (PDF, 9 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Funding for Community Choice Aggregation

1.      Juliet Lamont

2.      Alan Gould

Trash Collection and Noise

3.      Anne Marselis, Saint John’s Neighbors (5)

Berkeley Bowl West

4.      Kathleen Lopes

Animal Shelter Staff Cuts

5.      Chadidjah McFall

Brower Center

6.      Charlene M. Woodcock

Board of Library Trustees (BOLT)

7.      Jane Welford, Berkeleyans Organizing for Library Defense (BOLD)

Albany Racetrack

8.      Barbara Gilbert

9.      Charlie and Anne Smith, submitted by Barbara Gilbert

Hate Crime Investigation

10.  Louis Calabro, European/American Issues Forum (2)

Bateman Tot Park and Alta Bates ER Traffic

11.  Julie Gordon Shearer (2)  (Spring, Worthington)

Burnt Pot Handle Smell

12.  L A Wood


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

Item 15: Proposed Elimination of the Federal Community Development Block Grant Program

13.  Six petitions with 84 signatures, submitted by Bonnie Davidson on behalf of the Legislative Committee Tenants Association, Strawberry Creek Lodge

Item 26: Sewer Service Charges For Fiscal Year 2006

14.  Barbara Gilbert (PDF, KB)

Item 27: Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge) - Supplement 1 File  (PDF, 997 KB)

15.  Alan R. Seher, Esq., Weiss & Weissman, Inc., Counsel for NEDS

16.  Michael Katz

17.  Northside Neighborhood Association and Berkeleyans for a Livable University Environment

Item 29: Amendments to Subdivision Ordinance Regarding Tenancies in Common

18.  Michael J. Wilson, on behalf of the Berkeley Property Owners Association  (Wozniak)

Item 31:  State Density Bonus Calculations

19.  Memorandum, submitted by Councilmember Spring (PDF, KB)

20.  Robin Kibby

21.  Wendy Alfsen

Item 32: Drayage: 651 Addison Street

22.  Alan Hillesheim, on behalf of the residents; Claudia Viera; Maresa Danielsen; Jeffrey Ruiz; and Richard Selbert, on behalf of the commercial tenants  (Moore, Spring)


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

Ceremonial Matters

23.  The PG&E Solar Schools Program brochure, submitted by Tom Guarino, PG&E

Item 27: Encroachment Permit:  UC Pedestrian Bridge over Hearst Avenue (Foothill Bridge)- Supplement 2 File  (PDF, 1 MB)

24.  Question and Answer Sheet, submitted by Thomas Lollini, Assistant Vice Chancellor, UC Berkeley Physical and Environmental Planning

25.  David Snippen

26.  Sara Shumer

Item 32: Drayage: 651 Addison Street

27.  Supplemental report, submitted by Councilmember Moore (PDF, 173 KB)

Keeping Pools Open in Winter

28.  Petition with 56 signatures

29.  United Pool Council

30.  Barbara Leconte


Adjournment

Adjourned at 12:04 a.m. in honor of Margaret Breland.