REGULAR BERKELEY CITY COUNCIL  MEETING

TUESDAY, DECEMBER 14, 1999

Preliminary Matters

Roll Call: 7:00 p.m.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Proclamation: Honoring Contributions of John Solomon and Declaring December 16, 1999 as "John Solomon Day"
2. Proclamation: 30^th Anniversary of the Ecology Center
3. Presentation of Certificates of Merit to Ariel and Mark Zucker for Chief Operator Teen Driver Program
4. Proclamation: 1999 Arbor Day

Comments From The City Manager: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

1. Minutes for Approval
   From: City Manager
   Recommendation: Approve the minutes for Council meetings of: a) November 16, 1999 (closed); and b) November 23, 1999 (regular).
   Contact: Sherry M. Kelly, City Clerk, 644-6480
2. Ordinances for Second Reading
   (first reading vote - Ayes: unanimous; Absent: Olds):
   a.Repealing and reenacting Berkeley Municipal Code Chapter 9.72, regulating firearms dealers to broaden and/or clarify: a) definition of a firearm, b) application requirements, c) inspection process, d) grounds for revocation of a permit, e) on-site security requirements, f) conditions of holding the permit, and g) permit renewal process; and to add a severability clause.
   (first reading vote - Ayes: unanimous; Absent: Olds):
   b.Amending Ordinance No. 6502-N.S., Annual Appropriations for Fiscal Year 1999-2000 to increase net appropriations.
   (first reading vote - Ayes: unanimous; Absent: Olds):
   c.Authorizing the purchase of real property located at 5^th and Harrison Streets in an amount not to exceed $2,875,000 for a recreation facility.
   (first reading vote - Ayes: Armstrong, Breland, Maio, Shirek, Spring, Dean; Abstain: Woolley, Worthington; Absent: Olds):
   d.Amending Berkeley Municipal Code Section 7.18.010A, expenditure limitations, and adding Chapter 7.19, development of community recreation facilities by non-profit organizations.
   (first reading vote - Ayes: unanimous; Absent: Olds):
   e.Amending Berkeley Municipal Code Sections 12.94.010.D and 12.94.010.E (Ordinance No. 6272-N.S.) implementing Health & Safety Code Section 33333.6 and extending the Plan effectiveness deadline of the West Berkeley Redevelopment Plan.
   Contact: Sherry M. Kelly, City Clerk, 644-6480
3. Contracts: Deferred Compensation Services
   From: City Manager
   Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement contracts and any amendments with California Public Employees' Retirement Services (CalPERS) 457 Plan and Prudential Investment Management Services, Inc. for deferred compensation services.
   Contact: Ronald Brown, Personnel, 644-6951
4. Contract: Voice/Data Cabling for Public Safety Building (to be delivered)
   From: City Manager
   Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the responsive low bidder in an amount not to exceed $340,000, to provide voice/data cabling in the Public Safety Building to accommodate the Citywide Telecommunications System for the period December 1999 to May 2000.
   Contact: Rene Cardinaux, Capital Projects, 644-6580
5. Weather-Related Park Closure
   From: City Manager
   Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 6.32.020, to allow for playing field closure on rainy days to prevent turf damage.
   Contact: Fred Medrano, Health and Human Services, 644-6459
6. Grant Application: Nutrition and Physical Activity
   From: City Manager
   Recommendation: Adopt a Resolution authorizing the submission of a grant application in the amount of $25,000 to the California Healthy Cities and Communities, Center for Civic Partnerships, for the support of a nutrition education and physical activity promotion program for the period February 1, 2000 to January 31, 2001; and authorizing the City Manager to execute a resultant agreement and any amendments.
   Contact: Fred Medrano, Health and Human Services, 644-6459
7. Grant Application: Marina Nature Center's Straw Bale Building
   From: City Manager
   Recommendation: Adopt a Resolution authorizing the submission of a grant application in the amount of $50,000 to the California State EPA Integrated Waste Management Board, as partial funding for the construction of a straw bale building to house the Marina's Nature Center; and authorizing the City Manager to execute a resultant agreement and any amendments.
   Contact: Lisa Caronna, Parks and Waterfront, 644-6943
8. Grant Applications: Transportation for Livable Communities
   From: City Manager
   Recommendation: Adopt a Resolution: 1) authorizing the submission of a grant application to the Metropolitan Transportation Commission (MTC) for Transportation for Livable Communities (TLC) Capital Grant Funds in the amount of $2,340,000 for South Shattuck Streetscape Improvements and for the Bowditch/Hillegass Bicycle Boulevard and Eastern Campus Bikepath Project; 2) authorizing a commitment of $212,000 as a required match; and 3) authorizing the City Manager to execute any resultant agreement and amendments. Contact: Elizabeth Epstein, Planning and Development, 705-8105
9. Contract Amendment: Parking Ticket Processing Services
   From: City Manager
   Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Clancy Systems by increasing the amount $65,000 to provide parking ticket processing services (hand-held computers and related equipment).
   Contact: Dash Butler, Police, 644-6568
10. Expenditure for Temporary Employment Agency
    From: City Manager
    Recommendation: Adopt a Resolution approving a Fiscal Year 1999 expenditure of $90,000 to Appleone Temporary Employment Agency for Police Department services.
    Contact: Dash Butler, Police, 644-6568
11. Conversion of Tenancy-In-Common Project to Condominium Units at 2808, 2812 and 2814 Hillegass Avenue
    From: City Manager
    Recommendation: Adopt a Resolution approving Final Map of Tract 6859, conversion of an existing eleven-unit Tenancy-in-Common (TIC) Project at 2808, 2812 and 2814 Hillegass Avenue to eleven condominium units.
    Contact: Elizabeth Epstein, Planning and Development, 705-8105
12. Contracts: Tax Savings for Restoring Historic Buildings (to be delivered)
    From: City Manager
    Recommendation: Adopt two Resolutions approving Mills Act Contracts for: a) Tim and Linda Perry to receive tax savings in return for restoring a designated landmark building at 2118 Marin Avenue; b) Roger Raiche and David McCrory to receive tax savings in return for restoring an historic building at 1 Maybeck Twin Drive listed on the State Historic Resource Inventory; and c) authorizing the City Manager to execute any resultant agreements and amendments.
    Contact: Elizabeth Epstein, Planning and Development, 705-8105
13. Contract: Environmental Consulting Services for 390-400 Vermont Avenue Sewer
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with LSA Associates, Inc. in an amount not to exceed $140,712, to prepare environmental documentation and permit applications for the 390-400 Vermont Avenue Sewer Replacement Project for the period ending July 31, 2000.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
14. Contract: King Swim Center Pool Plaster
    From: City Manager
    Recommendation: Adopt a Resolution waiving the competitive bid process; adopting plans and specifications for the King Swim Center Pool Plaster Project; accepting the bid of Western Waterfeatures, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $70,000 for the period December 15, 1999 to February 28, 2000.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
15. Annual Residential Safety Inspection of Large Multi-Unit Buildings
    From: Vice Mayor Shirek
    Recommendation: Direct the City Manager prepare a plan for an Annual Residential Safety Inspection of large multi-unit buildings in Berkeley and request the City Manager report back in 60 days.
    Contact: Dale Bartlett, Councilmember Shirek's Office, 644-6243
16. Access to Quality Health Care
    From: Mayor Dean
    Recommendation: Adopt a Resolution supporting the problem of insufficient access to health care and supporting strategies to expand access.
    Contact: Barbara Gilbert, Mayor's Office, 644-6484
17. Motorcycle Parking
    From: Councilmember Worthington
    Recommendation: Request the City Manager report back with a recommendation to: 1) either remove or fully implement Section 10.12 of Traffic Ordinance No. 4130-N.S. (Special Parking Regulations for Two-Wheeled and Three-Wheeled Motor Vehicles) effective December 2, 1965; and 2) suspend enforcement of Section 10.12 until full implementation is achieved or until Council removes, amends, or affirms it.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
18. Statistics of Arrests of Women Reporting Domestic Violence
    From: Councilmember Worthington
    Recommendation: Request the City Manager produce a statistical report of arrests of women reporting domestic violence, as to their frequency in Berkeley and whether the persons are charged. The information should be broken down by gender and by person initiating the call, and should include a recommendation of any policy or administrative changes to encourage women to report domestic violence and reduce chances of women's arrest.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
19. Support HERE Local 2850's Boycott of Radisson Hotel
    From: Councilmembers Worthington, Maio, and Vice Mayor Shirek
    Recommendation: Support HERE Local 2850's boycott of the Radisson Hotel.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644-6243
20. Support AFL/CIO Central Labor Council Boycott of Spenger's Restaurant
    From: Councilmembers Worthington, Maio, and Vice Mayor Shirek
    Recommendation: Support AFL/CIO Central Labor Council boycott of Spenger's Restaurant.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644-6243
21. Winter Shelter
    From: Councilmember Worthington
    Recommendation: 1) Expand the proposed voucher program and insure that the entire winter season is covered by a winter shelter program; 2) That a limited number of vouchers continue to be available, during the time of joint Oakland Naval Base operation; 3) Increase funding for vouchers by up to $25,000 to insure they are available every night during the winter season.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
22. Ambient Testing of Air Quality in West Berkeley (to be delivered)
    From: Councilmembers Maio and Breland
    Recommendation: Direct the CM to develop a scope of work and RFP to measure a broad universe of toxic and particulate emissions in West Berkeley at several stations to acquire a profile of the pollutants that are affecting the air quality particularly in West Berkeley.
    Contact: Linda Maio, Councilmember District 1, 644-6359; Contact: Margaret Breland, Councilmember District 2, 644-6400
23. Establishment of a Youth Task Force
    From: Vice Mayor Shirek and Councilmembers Breland, Spring and Maio
    Recommendation: Adopt a Resolution establishing a Task Force to determine how to spend Berkeley's COPS (Citizens Options for Public Safety) Grant monies.
    Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266; Linda Maio, Councilmember District 1, 644-6359
24. Garbage and Sewer Overcharge Refunds
    From: Councilmember Worthington
    Recommendation: Establish a fair, simple, and speedy process for refunding garbage and sewer overcharges: 1) Announce the upcoming December 31,1999 deadline for sewer refund claims for EBMUD bills for sewer use from July 1 to October 31, 1998 reflected in bills received September through December 1998. Because of the imminent deadline for refund claims, have public explanation at this Council meeting of the way residents can determine if they are due a refund and how to apply; 2) The Finance Department shall determine the amount and duration of all property tax garbage overcharges for the past five years and issue refund checks for the full amount, including interest, to all affected taxpayers. If any refunds prove to have been sent to citizens who failed to pay the property tax or water bills in question, the finance department shall recover those funds by the normal collection process; and 3)The City Manager shall investigate and report how the overcharges were generated, and especially the process by which the overcharging was not corrected for so long after it was discovered, and what steps will be implemented to prevent reoccurrence. We need to make sure nothing like this ever happens again
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
25. Refer Medical Marijuana Ordinance and Issues
    From: Councilmember Spring
    Recommendation: Refer the Kinder Safer Streets Act in its entirety to the Council Subcommittee and City staff.
    Contact: Dona Spring, Councilmember District 4, 644-6266
26. Alternate Sites and Methods for Fueling City Vehicles (CR 97-087)
    From: Council Subcommittee on Alternate Sites and Methods for Fueling City Vehicles
    Recommendation: 1) Accept the Public Works Commission Report contained in CR 95-090 (dated September 9, 1997); and 2) Direct the City Manager evaluate short and long term actions (as outlined in the report) to mitigate impacts from the Corporation Yard on the surrounding residential neighborhood.
    Contact: Diane Woolley, Councilmember District 5, 644-6294; Ted Gartner, Public Works Commission, 548-9235; Fredica Drotos, Community Environmental Advisory Commission, 204-9419; Andreas Campos-Kreutzer, Public Works, 644-6506; Lisa Caronna, Parks and Waterfront, 644-6943
27. Public Health Trust Funds
    From: Community Health Commission
    Recommendation: Request the following regarding realignment funding: 1) The Health Officer's written report; 2) Direct the City Manager to contact Berkeley's legislative representatives and request an audit by the State regarding realignment; and 3) all correspondence be forwarded to the Council regarding the use of realignment funds.
    Contact: Verdie Thompson, Secretary, 665-6844
    a.City Manager Report (to be delivered)
    Recommendation: 1) Acknowledge the Commission's passionate commitment to Health Services and funding for programs in the City; and 2) Accept the City Manager's Report on Public Health Trust Fund Recommendations, encourage staff and the Commission to hold the commission workshop, and conclude this long and consuming dialogue on realignment funding.
    Contact: Fred Medrano, Health and Human Services, 644-6459
28. Appointments to Mental Health Commission
    From: Mental Health Commission
    Recommendation: Adopt a Resolution reappointing Emmett Jones (General Public Interest) to the Mental Health Commission for completion of a three-year term ending September 14, 2000; and Kathleen Gresher (General Public Interest) for completion of a three-year term ending October 19, 2001.
    Contact: Harvey Tureck, Secretary, 644-8712
    a.City Manager Report
    Recommendation: Concurs with the content and recommendation of the Commission.
    Contact: Fred Medrano, Health and Human Services, 644-6459

 

Presentation

Priority:

29. 1999 Annual Community Survey of Public Opinion (held over from November 9 and 23 meetings) - (City Manager requests Council hear this item as a priority on tonight's agenda)
    a.City Manager Information Report
    Contact: Stephanie Lopez, City Manager's Office, 644-6580

 

Action Calendar

Old Business:

30. Santa Fe Right-of-Way (removed from Consent by Councilmember Breland and held over from December 7^th meeting)
    From: Councilmember Maio
    Recommendation: Direct the City Manager to discontinue any further activity with reference to the selling or disposal of property along the Santa Fe Right-of-Way (SFROW) until an assessment and inventory of the remaining open sections of the SFROW have been completed and this project can be considered in the context of a larger planning process.
    Contact: Linda Maio, Councilmember District 1, 644-6359
    a.  Parks and Recreation Commission Report
    Recommendation: Initiate a public, city-wide process to plan use of the Santa Fe Right-of-Way and direct staff to immediately cease any activity that may endanger future public open space use of the Santa Fe Right-of-Way; and rescind previous direction to staff and halt all pending and future sales of pieces of the Santa Fe Right-of-Way, including the parcel from Channing to Dwight Way and that whenever possible, develop the Santa Fe Right-of-Way to enhance the cities network of pathways, pedestrian trails and existing open space.
    Contact: Jay Kelekian, Secretary, 644-6970
    b.  City Manager Report
    Recommendation: On October 12, 1999, the City Manager indicated that an inventory of properties, including an extensive title search, needed to be completed before a decision on future uses of the property can be made. The City Manager also suggested that this project be considered in the context of a larger planning process. These recommendations will cost approximately $50,000, as well as staff time to manage the project. This project is not in the current work program and the investment of time and money should be weighed against other competing projects. The City Manager recommends this evaluation be done as part of the mid-year budget review in February or March.
    Contact: Lisa Caronna, Parks and Waterfront, 644-6943

 

New Business:

31. Off-Street Parking Fees (to be delivered)
    From: City Manager
    Recommendation: Receive a report on options regarding special event parking fees at City lots including consideration of reducing or eliminating special event parking fees; and consideration of increases on all day parking and other options.
    Contact: Frances David, Finance, 644-6476
32. Downtown Arts District Overlay and Carry-Out Food Establishments
    From: City Manager
    Recommendation: Adopt first reading of an Ordnance amending Berkeley Municipal Code Chapter 23E to: 1) amend Section 23E.68.030A to reference Arts District Overlay regulations in C-2 Central Commercial District; 2) Add Section 23E.68.040 to establish the Arts District and include the regulations for carry-out food stores, quick service restaurants, and ground floor uses within the Arts District; and 3) Add Subsection F to 23E.68.090 to establish required findings.
    Contact: Elizabeth Epstein, Planning and Development, 705-8105
33. Tritium-Filled Exit Signs
    From: Community Environmental Advisory Commission
    Recommendation: 1) Ban the use of tritium-filled exit signs on City property; 2) Ban the use of tritium-filled exit signs in all new construction; 3) Advise the Berkeley Unified School District to forbid the use of tritium-filled exit signs in Berkeley public schools; 4) That the Fire Department offer training to its firefighters on the hazards associated with burning buildings that contain tritium-filled exit signs, and inform personnel on the available testing procedures to determine if a significant tritium exposure has occurred and what treatments are available to mitigate the effects of such an exposure.
    Contact: Nabil Al-Hadithy, Secretary, 705-8155
    a. City Manager Report
    Recommendation: There has been insufficient time to consider the implications of the recommendations. The City Manager requests no action be taken.
    Contact: Elizabeth Epstein, Planning and Development, 705-8105

 

Information Reports

34. Landmarks Preservation Commission Notice of Decision: 20 Mosswood Road
    From: City Manager
    Contact: Sherry M. Kelly, City Clerk, 644-6480
35. Status of Y2K Preparations
    From: City Manager
    Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Communications

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

Page No.

1. Susan Clayworth, regarding spay/neuter ordinance.
2. Wolfgang Homburger, regarding transportation solutions.
3. Regarding the trial of Khalil Jacobs-Fantauzzi from:
   a) Raymond Meyer, Whitman Language Services
   b) Arlene Johnson
   c) Joan Marler
   d) R. Paul Martin, Producer, WBAI-FM
   e) Greg Dinger
   f) Jeremy Wynmer
   g) Gary Hall
   h) David S. Caruso-Radin
   i) Susan Hagius, Sonoma State University
   j) Guillermo Kuhl
   k) Rita/Craig Sutherland
   l) Joel Wollner
   m) Martha Glaser
   n) Andy Norris
   o) Tomas Moran
   p) Gary Evans
   q) Scott Fiorenza
4. Lyle Krewson, Joseph Mettimano, and Holly Burkhalter, Iowans to Ban Landmines, regarding attendance at an educational and organizational seminar regarding antipersonnel landmines.
5. Patrick Kennedy, Panoramic Interests, transmitting newspaper articles regarding "How England is Fighting Against Sprawl", growth and development, Oakland downtown housing builders.
6. Barry Silverman, regarding the Track at Martin Luther King Jr. Middle School.
7. Walter Wood, regarding Berkeley's housing density.
8. John Vance, A First Amendment Center, regarding community information (additional pages on file for review in the City Clerk's Office).

Adjournment