Berkeley council considers preservation proposal

The Berkeley City Council referred to the Landmarks Preservation Commission a compromise proposal by Mayor Tom Bates to revise the city's landmarks preservation ordinance.

The mayor was attempting to steer a middle course between property owners and developers, who find the landmarks ordinance unfairly burdensome, and preservationists, who regard the ordinance as their last bulwark against the destruction of the city's architectural heritage.

• Create clear timelines to bring the ordinance into conformity with the state Permit Streamlining Act.

• Increase the time period in which a citizen could initiate the landmarking process from 14 to 30 days, and reduce the number of signatures needed from 50 to 25.

• Retain the controversial "structure of merit" designation, but tighten the criteria and require a finding of historical or artistic "integrity."

• Tighten criteria for demolition and give the Landmarks Commission authority over the process.

• Eliminate the proposed historic preservation officer position, which the Landmarks Commission had feared would usurp its authority.

• Allow a property owner to ask for a determination without requiring a project application.

After vetting by the Landmarks Commission, the mayor's proposal will come back to the council July 11. But the matter will become moot if a measure on the November ballot, sponsored by the Berkeley Architectural Heritage Association, is approved. That measure would keep the current landmarks ordinance as is.

The City Council declined to intervene in a dispute between the Berkeley-East Bay Humane Society and its tenants, a collection of about two dozen artists and craftspersons called the Nexus Institute.

Last October the humane society informed Nexus it would not renew the lease when it expired June 1. The society needs to sell the property to finance the renovation of its own facility, which was built in the early 1950s.

Nexus filed suit, claiming the tenants are covered by special protections for artists in the West Berkeley Plan. The Civic Arts Commission asked the council to declare a 6-month moratorium on any evictions.

But the lawmakers declined after City Attorney Manuela Albuquerque told them it would be unlawful to interject themselves into a private landlord/tenant dispute. Mayor Tom Bates said he is talking to both sides and hopes to broker a compromise.

The council voted to allow residents to park one car by the side of their home. Any additional car parked outside in the back yard will require an administrative-use permit. But a second car parked in a garage will be OK.

The council also approved a measure -- which would be advisory only -- for the November ballot to develop a plan to reduce Berkeley's greenhouse gas emissions by 80 percent.

The measure will come back to the council next week for final approval after the city attorney has drafted ballot language.

The council unanimously affirmed the recommendation of the Zoning Adjustments Board to allow Pacific Steel Casting to construct a carbon absorption system at its Plant No. 3.

"The longer we wait, the longer before they install this equipment," said Councilman Gordon Wozniak, a chemist by profession. "It may not be absolutely perfect, but it's going to make a substantial improvement."

In one of those only-in-Berkeley stories, the hottest issue of the night was none of the above.

The council chamber was packed with residents of the 1700 block of Channing Way between Roosevelt and McGee, who asked the lawmakers to grant a reprieve to the Wishing Well, a recycling box that has been on the street's sidewalk median strip for the last 35 years.

On April 27 the city manager's office received a petition from some residents asking for the box to be removed.

City staff investigated, determined that it encroaches on the public right of way, and ordered it removed within 30 days.

That triggered a firestorm from other residents of the neighborhood, more than 600 of whom signed a counter-petition demanding the Wishing Well be left as is.

"It's a great place for young people like me to get Halloween costumes and cool trendy clothes, for people like my parents to leave clothes that they don't need anymore, and for people who don't have a place to call home to get a warm coat or a pair of socks," said Carrie Guilfoyle.

Bowing to this expression of public will, the lawmakers ordered the city manager to report back with statutory language exempting the Wishing Well from the city's encroachment ordinance.

Finally, Councilman Laurie Capitelli inadvertently provided the biggest laugh of the night while talking about the impact of sewer fees on homeowners in his neighborhood, many of whom are senior citizens on fixed incomes.

"Yes, they have a big asset they're sitting on ..." he said, before he was drowned out by laughter.

As a long-ago (70's) resident of Berkeley this article is a real hoot. I have been saying for a long time now that I wondered how all those hippies are coping with being millionaires because of the current real estate values of those dumpy little houses they bought years ago. LOL

I wondered how all those hippies are coping with being millionaires

They seem to all live north of University off of Shattuck. I went by there a week or so ago and the disconnect of housing between the uber wealthy Berkeleyites in their hillside palaces and their brethren in the bottoms is amazing.

You know they had to be hippies from all the lefty slogan bumper stickers they had plastered on their vehicles.

We had a house in the hills until it burned down in the big fire and I always used to joke that all my lib neighbors had to be careful not to bump into each other when they backed their BMW's, Mercedes and high-end Volvos out of their garages. Last time I was there I was intrigued by the upscale shops and restaurants in the old 'flats' area down by the freeway - made me wonder where all the hippies were finding their sprouts and lentils these days. Right after hurricane Katrina I kept watching for notice of all the down-trodden that Berkeley voted to take in ....never saw any notice of that :) Ain't life funny?

A 650 square foot cottage recently sold for about 550k. The average house price is 750 to 800k. the demographics are changing fast. seeing a lot more bmws. i haven't seen any stories about people donating some of their cap gains after selling to charity. recently saw an old home that sold for 325 back in 98 sell for 950.

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