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AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
JUNE 20, 2000
Preliminary
Matters
Roll
Call: 7:05 p.m.
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 carried over to the next meeting unless the
City Manager or Council determines a need to take up the matter at this
meeting.
1.
Minutes for Approval
From: City Manager
Recommendation: Approve
the minutes for the meetings of: a)
May 9, 2000
(regular); b) May 9, 2000 (closed);
c) May 16, 2000 (regular); d) May 23, 2000
(regular); e) May 23, 2000 closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
2.
Easement on City-Owned Land (first reading vote:
unanimous)
From: City Manager
Recommendation: Adopt
second reading of Ordinance authorizing the City
Manager to convey an easement on
City-owned land adjacent to 1197 Euclid
Street to Court L.L.C. and Thomas J
Regan/Susan M. Adine and Clifford Orloff.
Contact: Lisa Caronna, Parks
and Waterfront, 644-6943 x222
3
Settlement of Claim - Rothermel v. City of Berkeley
From: City
Manager
Recommendation: Adopt
a Resolution authorizing the settlement of Public
Liability Claim Number 98-327,
Bernard P. Rothermel by his attorney of Record,
Richard Goodman, in the amount of
$48,000.
Contact: Manuela
Albuquerque, City Attorney, 644-6380
4.
Settlement of Claim - Lindsey v. City of Berkeley
From: City
Manager
Recommendation: Adopt
a Resolution authorizing the settlement of Public
Liability Claim number 99-211B,
Andre Lindsey by his attorney of record, Gia
Austin-Carroll, in the amount of
$13,000.
Contact: Manuela
Albuquerque, City Attorney, 644-6380
5.
Living Wage Ordinance (to be delivered)
From: City Manager
Recommendation: Adopt
first reading of an Ordinance amending Municipal
Code (BMC) to add Chapter 13.27 establishing a requirement that specific
City
contractors pay employees a living
wage, including procedures for administration
and enforcement, and authorizing the City
Manager to promulgate regulations.
Contact: Fran David, Finance,
665-7401
6.
Contract: Litter
and Graffiti Abatement Services
From: City
Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute
a contract and any amendments with
Building Opportunities for Self Sufficiency
(BOSS) to provide litter removal,
graffiti abatement and related services in
specified areas, from July 1, 2000 through
June 30, 2001, in an amount not to
exceed $515,552.
Contact: Rene Cardinaux,
Public Works, 665-3460
7.
Contract: Organics
Hauling and Processing
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to execute
a contract and any amendments with
Grover Landscape Services Incorporated
for organics hauling and processing
services in an amount not to exceed $600,000
for the period August 1, 2000 to July
31, 2002 with two four year renewals at the
City's option.
Contact: Rene Cardinaux,
Public Works, 665-3460
8.
Grant: CNG-Powered
Vehicles
From: City
Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to submit a
grant proposal to the Bay Area Air
Quality Management District (BAAQMD) fo
$468,000 to partially offset the
incremental cost of acquiring twelve CNG
(compressed natural gas) vehicles,
and to accept the grant if awarded.
Contact: Rene Cardinaux,
Public Works, 665-3460
9.
Speed Limit Along Claremont Avenue
From: City Manager
Recommendation: Adopt a
Resolution changing the speed limit along
Claremont Avenue from 25 to 30 MPH
between Ashby Avenue and Alcatraz
Avenue/Oakland City Limit.
Contact:
Rene Cardinaux, Public Works, 665-3460
10.
Truck Traffic on Claremont, Belrose, Derby and Warring Corridor
(CR
99-116)
From: City Manager
Recommendation: Postpone
action on approving a "no trucks" restriction along
the Claremont, Belrose, Derby and
Warring corridor until the effectiveness of
enhanced police enforcement is
determined.
Contact: Rene Cardinaux,
Public Works, 665-3460
11.
Contract: Sanitary
Sewer Project
From: City Manager
Recommendation: Adopt a
Resolution approving plans and specifications for
the Sanitary Sewer Project located
at Colusa Avenue, Santa Rosa Avenue,
Oxford Street, Shattuck Avenue,
Indian Rock Avenue and Santa Barbara Road;
accepting the bid of McNamara and Smallman
Construction, Inc.; and authorizing
the City Manager to execute a contract and any
amendments in an amount not to
exceed $605,534, for a period of 210 calendar days.
Contact: Rene Cardinaux,
Public Works, 665-3460
12.
Non-Exclusive Rubbish Collection Franchises
From: City
Manager
Recommendation: Adopt
first reading of an Ordinance amending Berkeley
Municipal Code (BMC) Sections
9.60.240 and 12.32.010 to clarify non-exclusive rubbish collection
franchises.
Contact: Rene Cardinaux,
Public Works, 665-3460
13.
Final Map of Tract Map 7166
From: City Manager
Recommendation: Adopt a
Resolution approving the Final Map of Tract Map
7166, a 69-unit condominium project at 2136 Center Street
Contact: Wendy Cosin,
Planning and Development, 705-8108
14.
Final Map of Tract Map 7025
From: City Manager
Recommendation: Adopt a
Resolution approving Final Map of Tract 7025,
conversion of an existing five-unit
Tenancy in Common Project to five
condominium units at 2134 and 2136
Grant Street.
Contact: Wendy Cosin,
Planning and Development, 705-8108
15.
Contract: Paging
Services
From: City Manager
Recommendation: Adopt a
Resolution awarding a contract and purchase order
to Metrocall for a twelve month
period, with the option to renew for up to an
additional three years, in an
amount not to exceed $50,000 per fiscal year.
Contact: Fran David, Finance,
665-7401
16.
Contract: Fireworks
Display Services
From: City Manager
Recommendation: Adopt a
Resolution awarding a contract and purchase order
to BOOM BOOM Productions for a
twelve month period, with the option to
renew for up to an additional two
years, in an amount not to exceed $15,000 pe
fiscal year.
Contact: Fran David, Finance,
665-7401
17.
Contract: Cellular
Services
From: City Manager
Recommendation: Adopt a
Resolution awarding a contract and purchase order
to Cellular One for a twelve month
period, with the option to renew for up to an
additional three years, in an
amount not to exceed $200,000 per fiscal year.
Contact: Fran David, Finance,
665-7401
18.
Contract: Martin
Luther King Jr./Civic Center Park Project
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to amend
the contract and any amendments
with Freedman, Tung and Bottomley to increase
the Phase I scope of services by
$40,000 to an amount of $111,688 and increase
the Phase II scope of services by $11,688
to an amount of $100,000, for a total
contract amount not to exceed $211,688, to
complete design services for the
Martin Luther King Jr./Civic Center Park Project.
Contact: Lisa Caronna, Parks
and Waterfront, 644-6943 x222
19.
Loan: Dock and
Restroom Replacement at the Marina
From: City Manager
Recommendation: Adopt a
Resolution authorizing the Department of Parks and
Waterfront to submit a loan
application to the California Department of Boating
and Waterways for a loan not to
exceed $7,000,000 for the phased replacement
of docks A through E and H and I, and
for the replacement of the restrooms that
serve berthers on docks D and E, H and I, L and
M, and N and O, at the
Berkeley Marina.
Contact: Lisa Caronna, Parks
and Waterfront, 644-6943 x222
20.
Coast Live Oak Trees (to be delivered)
Recommendation: Adopt
first reading of an Ordinance revising Ordinance No.
6484-N.S. to allow for the removal
of Coast Live Oak Trees that are a likely
danger to property where the only
reasonable mitigation is removal.
Contact: Manuela Albuquerque, City Attorney, 644-6380
21.
Contract: Aurora
Theater Company
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute
a contract amendment with the
Aurora Theater Company adding $150,000 to the
current contract for the purpose of
tenant improvements in the new Downtown
Arts District facility at 2073 Addison
Street.
Contact: Bill Lambert,
Economic Development, 705-8180
22.
Cost of Living Adjustments
From: City Manager
Recommendation: Adopt a
Resolution amending Resolution No. 59,814-N.S.,
Classification and Salary Resolution for Unrepresented Employees, to
provide a
4% cost-of-living adjustment effective June 25, 2000.
Contact: Ron Brown,
Personnel, 665-7614
23.
Budget Referral: Dental
Services to Berkeley Elementary Schools
From: Vice Mayor Shirek and
Councilmember Breland
Recommendation: Refer to
the budget process the funding of $65,000 for the
Alameda County Public Health
Department to provide dental services to Berkeley
elementary schools.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Margaret
Breland, Councilmember District 2,
644-6400
24.
Budget Referral: Health
Disparities
From: Vice Mayor Shirek and
Councilmember Breland
Recommendation: Refer to
the budget process the funding of $200,000 for the
Health Department to be used as
matching funds to fund a health disparities
program
Contact: Maudelle
Shirek, Councilmember District 3, 644-6243; Margaret
Breland, Councilmember District 2,
644-6400
25.
Support AB2142 - Gender Stereotyping (to be delivered)
From: Mayor Dean
Recommendation: 1)
Support AB2142 which provides, for the purposes of the
anti-discriminations provisions of Fair Employment and Housing Act, that
the term
"sex" includes a
person's gender; gender is further defined to mean the perception
of a discrimination victim's
identity, appearance, or behavior regardless of whether
this is different from that
traditionally associated with the victim's sex at birth; this
bill clarifies that gender
stereotyping is a prohibited form of sex discrimination; and
2) notify the bill's sponsors and
the City's Sacramento lobbyist of the City's
position.
Contact: Shirley Dean, Mayor,
644-6484
26.
Support for Certain Provisions of SB1194 and AB995 - Green
Energy
Usage (to
be delivered)
From: Mayor Dean
Recommendation: 1) Reject
the amendment proposed by Senator Pearce and
instead support the retention in
SB1194 (Sher) and AB995 (Wright) of all
provisions relating to the continuing
reimbursement of customers, including public
entities (including municipalities) for
their purchase and utilization of renewable
energy produced by certified energy providers;
and 2) notify the bill's sponsors
and the City's Sacramento lobbyist of the City's
position.
Contact: Shirley Dean, Mayor,
644-6484
27.
Commuter Check Transit Voucher Program
From: Councilmember Spring
Recommendation: Request
the City Manager explore the Commuter Check
Transit Voucher Program and report back to the Council about how it can be
implemented for City of Berkeley employees.
Contact: Dona Spring,
Councilmember District 4, 644-6266
28.
Spay Neuter Ordinance
From: Councilmember Spring
Recommendation: Endorse
the proposed spay-neuter ordinance contingent
upon the adoption of a low cost spay-neuter funding program and
recommended
language.
Contact: Dona Spring,
Councilmember District 4, 644-6266
29.
Mifepristone (RU-486)
From: Councilmember
Worthington
Recommendation: Send
letters to the Food and Drug Administration (FDA)
and President Clinton asking them to not make it difficult to obtain
Mifepristone
(RU-486), which is used for non-surgical early abortion.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
30.
Budget Referral: West
Berkeley Association of Industrial Companies
From: Councilmembers
Breland and Maio
Recommendation: Refer
$4,000 to the budget process for the West Berkeley
Association of Industrial Companies.
Contact: Linda Maio,
Councilmember District 1, 644-6359; Margaret Breland,
Councilmember District 2, 644-6400
31.
City Manager Position (to be delivered)
From: Councilmember
Maio
Recommendation: Schedule
a discussion for the meeting of June 27 regarding
filling the City Manager position in the interim and the process and
timeline for
selecting a permanent City Manager.
Contact: Linda Maio,
Councilmember District 1, 644-6359
32.
Audit of Public Works' Construction Contracts
From: City Auditor
Recommendation: Request
the City Manager return to Council with a status
report on the implementation of the audit recommendations by January 2001.
Contact: Ann-Marie Hogan,
City Auditor, 644-6440
33.
Mental Health Commission - Appointment
From: Mental Health
Commission
Recommendation: Adopt a
Resolution appointing Artensia Barry to the Mental
Health Commission, Special Public Interest Category, for a three-year
term, June
20, 2000 to June 19, 2003.
Contact: Harvey Tureck,
Secretary, 644-8562, ext. 213
City Manager Report
Recommendation: Concur
with the content and recommendations of the report.
Contact: Fred Medrano, Health
and Human Services, 665-6879
34.
Mental Health Commission - Leave of Absence
From: Mental Health
Commission
Recommendation: Adopt a
Resolution granting a three-month non-renewable
leave of absence to Jan Marinissen, Chairperson of the Mental Health
Commission, effective June 20, 2000.
Contact: Harvey Tureck,
Secretary, 644-8562, ext. 213
City Manager Report
Recommendation: Concurs
with the content and recommendation of the report.
Contact: Fred Medrano, Health
and Human Services, 665-6879
35.
Elmwood Theater Business Improvement Area Assessment FY2000-2001
From: Advisory Board for
Elmwood Theater BID
Recommendation: Adopt a
Resolution: 1) approving the Annual Assessment
Report for the Elmwood Theater Business Improvement Area for Fiscal Year
2000; 2) declaring an intention to levy annual assessments in the
Improvement
Area for Fiscal Year 2001; and 3) setting a public hearing on the levy of
assessments for July 18, 2000.
City Manager Report
Recommendation: Concurs
with the content and recommendations of the
report.
Contact: Bill Lambert,
Economic Development, 705-8180
36.
Telegraph Property and Business Improvement District Annual
Assessment
From: Property Owners'
Council
Recommendation: Adopt a
Resolution: 1) approving the
Annual Assessment
Report for the Telegraph Property and Business Improvement District for
FY2001; 2) declaring an intention to levy special assessments in the
District for
FY2001; and 3) setting a public hearing on the levy of assessments for
July 18,
2000.
Contact: Dave Fogarty,
Secretary, 705-8184
City Manager Report
Recommendation: Concurs
with the content and recommendations of the
report.
Contact: Bill Lambert,
Economic Development, 705-8180
Discussion
37.
Ballot Measure - Eviction for Good Cause
From: City Manager
Recommendation: 1)
Consider placement of Ordinance on the November
2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9
in order to restrict the circumstances under which a landlord may
evict a tenant to
occupy the unit for his/her own use or the use of his/her family members;
and 2)
provide the City Attorney with any comments regarding the wording of the
text,
title and City Attorney analysis of such ordinance.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
From: Commission on
Disability
Recommendation: Delay
action until the June 27 meeting on amending owner
occupancy provisions of eviction for good cause sections of rent
ordinance.
Contact: Virginia Vafa,
Secretary, 665-3440
From: Commission on
Aging - Information Report
Contact: Lisa
Ploss, Secretary, 644-6050
From: Housing Advisory
Commission (HAC
Recommendation: Approve
the Rent Board version of the ballot measure to
strengthen eviction controls in Berkeley with the following changes:
a) occupancy
requirements for landlord move-in be changed from 36 months to 24 months;
b)
the underlined words be added to the section which states:
"The landlord may not
recover possession under this subsection (13.76.130A) if a comparable
unit,
owned by the landlord in the City of Berkeley, was, at the time of the landlord's
decision to seek to recover possession of the rental unit, already vacant
and
available, or if a comparable unit, owned by the landlord in the City
of Berkeley,
becomes vacant….."; c) change the age of protected seniors from 60
to 65
years; and d) change the criteria to extend eviction protection to any
tenant who
has resided at the property for five years or more where the landlord has
a 50%
(rather than a 10% or greater ownership interest in any form
whatsoever, in ten
(instead of 5) or more rental units in the City of Berkeley.
Action Calendar
Public Hearings:
38.
Animal License Fees ; Spay and Neuter Ordinance
From: City Manager
Recommendation: 1.
Adopt the first reading of proposed ordinance amending
Berkeley Municipal Code Chapter 10.04 (Dog Licenses and Regulations) to
modify licensing requirements for dogs, create licensing requirements for
unaltered
cats, establish spaying and neutering requirements for both dogs and cats,
and add
regulations for dogs and cats; 2) allocate $57,000 in the budget to
implement the
proposed ordinance during the first year, and $20,000 per year in each
annual
budget thereafter. That the
funds come from the approximately $1,000,000 of
General Funds remaining for allocation by Council for FY2001; 3) if the
proposed
ordinance is adopted, conduct a public hearing and upon conclusion (a)
adopt a
Resolution authorizing increased fees for Unaltered Dog Licenses, and new
fees for
Unaltered Cat Licenses, animal microchip identification, and spay/neuter
deposits,
to be made effective on the effective date of the proposed ordinance, and
(b)
rescind Resolution No. 56,464-N.S.; and 4) if the proposed ordinance is
not
adopted, conduct a public hearing and upon conclusion adopt only the part
of the
Resolution that authorizes new fees for animal microchip identification
and
spay/neuter deposits, to be made effective immediately.
Contact: Fran David, Finance,
665-7401
39.
Housing Code Enforcement and Inspection Fees
From: City Manager
Recommendation: Conduct a
public hearing and upon conclusion adopt a
Resolution rescinding Chapter A, Sections XI, XII, and XIV or Resolution
No.
60,601-N.S. which sets the fees for housing code enforcement inspections,
and
establishing a revised fee schedule for housing code enforcement
inspections.
Contact: Stephen Barton,
Housing, 665-3481
40.
Street Lighting Assessments
From: City Manager
Recommendation: Conduct a
public hearing and upon conclusion adopt a
Resolution confirming diagrams and assessments and levying assessments for
Fiscal Year 2001 in the Berkeley Street Lighting Assessment District No.
1982-1
and the Berkeley Street Light Upgrading Assessment District No.
1999-1.
Contact: Rene
Cardinaux, Public Works, 665-3460
41.
Kragen Auto Parts, Revocation of Use Permit (to be delivered)
From: City Manager
Recommendation: Conduct
a public hearing, as required under Section
23B.60.060 of the Zoning Ordinance, and then continue the matter until the
July
11, 2000 meeting for action.
Contact: Wendy Cosin,
Planning and Development, 705-8108
42.
Non-Exclusive Rubbish Hauling Franchises (to be
delivered)
From: City
Manager
Recommendation: Conduct
seven public hearings as follows:
a.
Bay View Refuse Service Inc.
b.
Berkeley Sanitary Service
c.
Biagini Waste Reduction Systems, Inc.
d.
Handy Can of Berkeley
e.
U.S. Eagle, Inc.
f.
Waste Management, Inc.
g.
Waste Resource Technologies
and upon conclusion: 1) adopt first readings of seven ordinances
granting
Non-Exclusive Rubbish Collection and Transportation franchises; and 2)
direct
the City Manager to execute a franchise agreement with each company.
Contact: Rene Cardinaux,
Public Works, 665-3460
43.
FY2000-FY2001 Mid-Biennial Budget
From: City Manager
Recommendation: Conduct a
public hearing and upon conclusion hold a
discussion on any Council-proposed budget amendments.
Budget adoption
scheduled for June 27, 2000.
Contact: Phil Kamlarz, Deputy
City Manager, 644-6580
a.
From: Mayor Dean (to
be delivered)
Recommendation: Support
midyear budget amendments as proposed.
Contact: Shirley Dean, Mayor,
644-6484
b.
From: Vice Mayor
Shirek (to be delivered)
Recommendation: Conduct
discussion and recommendations on amendments
to the City Manager's budget for Fiscal Year 2001.
Information Reports
44.
Implementation Status of Audit Recommendations - Safety Members
Pension Fund
From: City Manager
Contact: Fran David,
Finance, 665-7401
45.
City Manager Search
From: Councilmember Maio
Contact: Linda Maio,
Councilmember District 1, 644-6359
46.
Analysis of Social Security Payments
From: Commission on Aging
Contact: Lisa Ploss,
Secretary, 644-6050
47.
Grant Application: Mental
Health Services (CR 00-45)
From: City Manager
Contact: Fred Medrano,
Health and Human Services, 665-6879
48.
Landmarks Preservation Commission Notice of Decision:
1525-29
Shattuck Avenue
(BMC 3.24.190 allows Council to move this report to “Action” to
certify the
decision and set a public hearing)
Contact: Sherry Kelly,
City Clerk, 644-6480
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.
Kennedy, Patrick, re housing crisis.
2.
Keller, Joyce M., re Resolution for the
re-trial of Kahlil
Jacobs-Fantauzzi.
3.
Topakian, Karen, re Agape
Foundation.
4.
Clifford, Fred, re 2116 Allston/GAIA Building
Project.
5.
RE Strawberry Creek Lodge
a. Johnson, Mary
b. Levine, Zelda
c. Hipilloto, Robin
d. Moskowitz, Su
6.
Lee, Barbara, Congress, House of Representatives, Washington DC, re
Use of
organophosphate pesticides.
7.
Motyka, Scott, re Cell phone use while
bicycling.
8.
John Vance, A First amendment Center, regarding community
information.
(additional
pages on file for review in the City Clerk’s Office).
Adjournment
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