AGENDA
 
BERKELEY CITY COUNCIL REGULAR MEETING
 
TUESDAY, JUNE 27, 2000
 
Preliminary Matters

Roll Call: 7:00 p.m.

Ceremonial Matters:

Proclamation: June as Lesbian Gay Bisexual Transgender and Questioning Pride Month

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. Needle Exchange Emergency Distribution
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 Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Sherry Kelly, City Clerk, 644-6480

2. Living Wage Ordinance (first reading vote: unanimous; Absent - Breland)
From: City Manager
Recommendation: Adopt second 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

3. Non-Exclusive Rubbish Collection Franchises (first reading vote: unanimous; Absent- Breland)
From: City Manager
Recommendation: Adopt second 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

4. Coast Live Oak Trees (first reading vote: unanimous; Absent - Breland)
Recommendation: Adopt second reading of an Ordinance revising Ordinance No. 6321-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

5. Safety Members Pension Fund Annual Reports
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 4.28.060 to revise the date that the annual Safety Members' Pension Fund reports are due to Council to the first day of December of each year, instead of the first day of August.
Contact: Fran David, Finance, 665-7401

6. Competitive Bidding Requirements and Expenditure Limitations
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending provisions of Berkeley Municipal Code (BMC) Chapter 1.24, Chapter 2.88 and Chapter 7.18 to: 1) provide that expenditures necessary to abate nuisances that pose imminent hazards are exempt from the competitive bidding requirements pursuant to the City Charter; 2) specify the competitive bidding requirements for other nuisance abatement expenditures; 3) increase the expenditure limitation in cases of summary abatements to $25,000 from $15,000; and 4) establish an expenditure limitation in cases of declared emergencies that conforms to the Charter.
Contact: Manuela Albuquerque, City Attorney, 644-6380

7. Contracts: Homeless Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with the following community-based organizations: Building Opportunities for Self-Sufficiency (BOSS), Berkeley Emergency Food and Housing Project, Berkeley Drop-in Center, Women's Daytime Drop-in Center, and Homeless Action Center, to provide services under the Shelter Plus Care supportive housing program, for the period July 1, 2000 through June 30, 2001, in an amount not to exceed $40,000; and authorizing a two month advance payment for each agency; and authorizing revisions in the Scope of Service section of the contracts with these agencies to reflect changes in City and County policies. 
Contact: Fred Medrano, Health and Human Services, 665-6879

8. New Bridge Residential Treatment Services
From: City Manager
Recommendation: Adopt a Resolution authorizing a close-out invoice payment in the amount of $41,413.62 to the New Bridge Foundation for residential treatment services provided through June 1999.
Contact: Fred Medrano, Health and Human Services, 665-6879

9. Contract: Martin Luther King, Jr. Civic Center Building
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contract amendments with ELS Elbasani & Logan, Architects, to add interior design services for the Martin Luther King, Jr. Civic Center Building at 2180 Milvia and increasing the authorized contract amount by $71,500 for a new contract total amount not to exceed $2,571,500.
Contact: Rene Cardinaux, Public Works, 665-3460

10. Plastics Policy, Education and Source Reduction (CR 2000-41)
From: City Manager
Recommendation: Adopt a Resolution establishing a comprehensive and unified plastics policy as developed and unanimously supported by the Solid Waste Management
Commission.
Contact: Rene Cardinaux, Public Works, 665-3460

11. Harrison Street Improvement Project
From: City Manager
Recommendation: Adopt a Resolution approving the Plans and Specifications for the Harrison Street Improvement Project, accepting the bid of Bauman Landscape, Inc.; and
authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $392,430, for a period of 75 calendar days.
Contact: Rene Cardinaux, Public Works, 665-3460

12. Civic Arts Grants Program Revisions
From: City Manager
Recommendation: Adopt a Resolution revising eligibility requirements and program categories for the Civic Arts Grants Program and rescind Resolution No. 55,832-N.S.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Removed from the Consent Calendar by Mayor Dean. Held over to June 27,
2000.

13. West Berkeley Building Acquisition Fund (WBBAF)
From: City Manager
Recommendation: Adopt a Resolution amending the West Berkeley Building Acquisition Fund Operating Plan.
Contact: Bill Lambert, Economic Development, 705-8180


14. Genetically Engineered Food Right to Know Act
From: Councilmember Maio
Recommendation: Adopt a Resolution to ensure consumers' right to know and supporting the Genetically Engineered Food Right to Know Act HR3377 and S2080.
Contact: Linda Maio, Councilmember District 1, 644-6359

15. Budget Referral: Berkeley Human Rights Report Project
From: Councilmember Maio
Recommendation: Refer a request from the Berkeley Human Rights Report Project for $1000 to the budget process.

16. Proclamation: Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month; Rainbow Flag
From: Councilmember Worthington
Recommendation: Support proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

17. Past Due Audit Recommendations
From: City Auditor
Recommendation: Request the City Manager report back to Council by September 2000 regarding the status of previously unimplemented audit recommendations for the following audit reports: 1) Clean Storm Water Assessment audit (3/12/96); 2) Landscape and Park Maintenance Assessment audit (12/20/94); 3) review of the manual check process (10/07/97); and 4) review of the Residential Rental Inspection Program (3/11/97).
Contact: Ann-Marie Hogan, Auditor, 644-6440

18. Renaming the Independent Task Force on Homelessness
From: Independent Task Force on Homelessness
Recommendation: Adopt a Resolution renaming the Independent Task Force on Homelessness to the Berkeley Homeless Commission to more accurately reflect its role in advising the Council on the City's implementation of the adopted Continuum of Care Plan.
Contact: Jane Micallef, Secretary, 644-8616
City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 665-6879
PRIORITY: Adoption of Proposed Amendments to FY 2001 Budget

19. Adoption of Proposed Amendments to FY 2001 Budget
a. City Manager’s Proposed Amendments (May 9, 2000 Report)
b. Mayor Dean’s Proposed Amendments, Discussion of Criteria for Amendments (to be delivered)
c. Vice Mayor Shirek's Proposed Amendments (June 20, 2000 Report)
d. City Manager’s Report on Council Amendments and Response to Issues Raised During Budget Discussions (to be delivered)
d. Adoption of a Resolution adopting City Manager’s Budget Policy 
Recommendations from Report of May 9, 2000.

20. Council Adoption of Amendments to FY2001 Budget (to be delivered) -
From: City Manager
Recommendation: Adopt a Resolution adopting amendments to the FY2001 Biennial Budget as amended by Mayor and Council.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

21. Annual Appropriation Ordinance (to be delivered)
From: City Manager
Recommendation: Adopt first reading of Annual Appropriation Ordinance.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

22. Appropriations Limit for FY2001
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $112,202,530 for FY2001 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Contact: Fran David, Finance, 665-7401

23. Temporary Appropriations
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2000 until the effective date of the FY2001 Annual Appropriations Ordinance.
Contact: Fran David, Finance, 665-7401

24. Tax Rate - Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt first reading of an Ordinance levying a FY2001 special tax of $0.0811 per square foot of all improvements to fund the maintenance of parks, City trees and landscaping in the City, approved by voters on May 6, 1997.
Contact: Fran David, Finance, 665-7401

25. Tax Rate - Emergency Medical Services
From: City Manager
Recommendation: Adopt first reading of an Ordinance levying a special tax of $0.02360 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents, to replace the previous City assessments that were lost effective July 1, 1997 as a result of State Proposition 218.
Contact: Fran David, Finance, 665-7401

26. Tax Rate - Measure S General Obligation Bonds
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY2001 tax rate for the Measure S General Obligation Bonds (election of 1996) at 0.0475%.
Contact: Fran David, Finance, 665-7401

27. Tax Rate - Fire Seismic General Obligation Bonds
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY2001 rate for the Fire Seismic General Obligation Bonds (election of 1992) at 0.0392%.
Contact: Fran David, Finance, 665-7401

28. Tax Rate - Business License Tax for Large Non-Profits
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY2001 tax rate for business licenses for large non-profits at $0.3479 (34.79 cents) per square foot of improvements, excluding the first 120,000 square feet.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

29. Tax Rate - Library Services Tax
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY2001 tax rate for the library at $0.10250 (10.25 cents) per square foot for dwelling units and $0.1550 (15.50 cents) per square foot for industrial, commercial and institutional buildings.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

30. Tax Rate - Emergency Services for the Severely Disabled Tax
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY2001 tax rate for the provision of emergency services for the disabled at $0.00843 (.843 cents) per square foot of improvements.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
PRIORITY: Ballot Measures

31. Ballot Measures: Parks Maintenance, Streetlight Assessment District and Low Rent Housing
From: City Manager
Recommendation: Adopt three Resolutions placing measures on the November 7, 2000 ballot to: 1) increse the Parks Maintenance Tax; 2) establish a special tax to supplement the Streetlight Assessment District; and 3) authorize the development, construction, or acquisition of no more than 500 units of Low Rent Housing.
Contact: Sherry Kelly, City Clerk, 644-6480

32. Ballot Measure: Business License Tax Ordinance
From: City Manager
Recommendation: Provide the Acting Assistant City Attorney comments as to the proposed ordinance text, ballot title and City Attorney's analysis of the measure to correct an error made in 1990 by providing that the Business License Tax rate applicable for providers of health, veterinary, legal, educational, engineering-architectural-surveying, and accounting-auditing-bookkeeping services, plus providers of miscellaneous services not otherwise classified, be increased to the pre-1990 rate of $3.60 for every $1,000 in gross receipts.
Contact: Fran David, Finance, 665-7401

33. Ballot Measures: Branch Library and Berkeley High School Warn Water Pool
Facility
From: City Manager
Recommendation: Provide the City Attorney with comments as to the proposed ballot title and City Attorney's analysis of the two general obligation bond measures for the
improvement of branch libraries and renovation and repair of the Berkeley High School warm water pool facility.
Contact: Manuela Albuquerque, City Attorney, 644-6380

34. Ballot Measure - Eviction for Good Cause (held over from June 20)
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.
City Manager Supplemental Report (to be delivered)
Contact: Manuela Albuquerque, City Attorney, 644-6380

OLD BUSINESS:
Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included. Information that has not been reduplicated is noted with an *.

35. Decision Regarding Animal License Fees; Spay and Neuter Ordinance (Public
Hearing held June 20)
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
City Manager Supplemental Report (6/20 clarification and schedule for actions)
Contact: D. E. Butler, Police, 644-6568
From: Councilmember Spring (new report of June 27, 2000)
Recommendation: Adopt the proposed spay-neuter ordinance except for the folling provisions: 1) delete the section creating a list of animals with violations. Delete p. 281 Section E and p.383 and on the final page, "one year unaltered dog licenses with violations at $60.00; 2) delete the section of the ordinance that waives the fees for low-income people, which staff indicated would take additional time to process; 3) the unaltered licenses be set at $30.00; 4) approve the request of Administrative Services in the Finance Department for $25,000 for a on-half staff person to set up the unaltered license program as well as for an additional $12,000 for computer upgrades; the total of $37,00 set aside from the remaining $52,500 allocated to the Council Animal Task Force in the adopted 2000-2001 budget which was not spend due to time; addition of Volunteer Coordinator at the Animal Shelter will provide up to on-fourth of a staff person to assist in administering the spay-neuter program; 5) allocate $5,000 (from the remaining allocation) for an educational brochure to support the program; 6) return to Council with an evaluation of whether the computer upgrades will allow for processing dog licenses in a more efficient manner to allow accommodation of unaltered cat licenses so that staff time to administer would be paid for by the cost of the license; and 7) City Manager return in the next fiscal year with recommendations on how to make the fees for unaltered licenses commensurate with the cost of staff time.
From: Councilmember Spring on behalf of Citizens Humane Commission (removed
from Consent Calendar by Councilmember Spring and held over from June 20)
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

36. Decision Regarding Housing Code Enforcement and Inspection Fees (Public Hearing held June 20)
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 enforcemen inspections, and establishing a revised fee schedule for housing code enforcement inspections. 
Contact: Stephen Barton, Housing, 665-3481

37. Decision Regarding Street Lighting Assessments (Public Hearing held June 20)
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

38. Decision Regarding Kragen Auto Parts, Revocation of Use Permit (Public Hearing
held June 20)
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
Supplemental Materials Presented by Kragen Auto at June 20 Public Hearing
a. Signed customer notices
b. Daily cleaning logs
Contact: Sherry Kelly, City Clerk, 644-6480

39. Decision Regarding Non-Exclusive Rubbish Hauling Franchises (Public Hearing held
June 20)
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

40. Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR 99-116)
(removed from Consent Calendar by Councilmember Worthington and held over from
June 20)
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

41. Commission Term Limits and Leave of Absences (held over from April 4, April 11,
May 9, May 23 and June 13)
From: City Manager
Recommendation: Adopt first reading of two ordinances amending: 1) Berkeley Municipal Code (BMC) Section 3.02.030 to provide that any break in service of a commissioner due to voluntary resignation within the last year of the commissioner’s eight consecutive year term limit on the commission shall not be deemed to interrupt the commissioner’s term of service for purposes of determining the commissioner’s eight-yearterm limit; and Berkeley Municipal Code (BMC) Section 3.02.040 to provide that commissioners may only take only one leave of absence, for a fixed period of three months in any two-year period, and only if the leave of absence is authorized by the appointing authority no less than one month in advance of the first commission meeting from which the commissioner seeks a leave of absence.
Contact: Manuela Albuquerque, City Attorney, 644-6380

42. Landmarks Preservation Ordinance and Zoning Ordinance (Removed from Consent
Calendar by Vice Mayor Shirek. Held over from May 16, May 23, June 13.)
From: City Manager
Recommendation: 1) Direct staff to present its proposed amendments to the Landmarks Preservation Ordinance and Zoning Ordinance to the Planning Commission and Landmarks Preservation Commission within sixty days; 2) direct the Commissions to make recommendations on the proposed amendments at meetings within sixty days and to forward their comments to the City Council as information reports on July 25; and 3) direct staff to provide an action report to Council in September with final recommendations in light of the Commissions' comments.
Contact: Manuela Albuquerque, City Attorney, 644-6380

43. Landmarks Preservation Ordinance and Zoning Ordinance
From: Mayor Dean
Recommendation: 1) If the City Manager wishes to pursue these amendments, Council directs the City Manager to present them directly to the Planning Commission and the
Landmarks Preservation Commission. Referral to the Commissions should include all of the correspondence Council has received regarding this matter; 2) request the Commissions make recommendations on the proposed amendments and forward their comments to the Council as information reports on July 25 if possible. If not possible, the Commissions advise the Council and staff of the time frame in which they will be able to review these matters; and 3) request staff to provide a report to Council in September regarding this matter.
Contact: Shirley Dean, Mayor, 644-6484

44. Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145) (moved from Information Reports to Action Calendar by Councilmember Spring. Held over from March 28, April 4, May 9, May 2, June 13)
From: City Manager - Information Report
Contact: Rene Cardinaux, Public Works, 665-3439

45. Regulation of Indoor Entertainment Events (held over from May 23, June 13)
From: City Manager
Recommendation: Adopt first reading of ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events and adopting a new Chapter 13.46 regulating indoor entertainment events.
Contact: Manuela Albuquerque, City Attorney, 644-6380

46. On-Street Parking Conflicts at Crosswalks (held over from June 13)
From: City Manager
Recommendation: 1) Install signage at angled parking spaces where exiting drivers must back up onto crosswalks, warning drivers to watch for pedestrians behind the vehicle; 2) at busy locations and in commercial districts, plan for installation of sidewalk bulb-outs into crosswalks to increase visibility and protection of pedestrians. Include such plans as part of upcoming urban design projects. Refer to the budget process the installation of twelve bulb-outs; and 3) continue the program of relocating curb ramps and crosswalk lines so people using the ramps are within the crosswalk.
Contact: Rene Cardinaux, Public Works, 665-3460

47. Support AB2142 - Gender Stereotyping (removed from Consent Calendar by Mayor
Dean and held over from June 20.
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

48. Support for Certain Provisions of SB1194 and AB995 - Green Energy Usage
(removed from Consent Calendar by Mayor Dean and held over from June 20.
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

49. Council Subcommittee on City Manager Evaluation (removed from Consent Calendar
by Councilmember Maio. Held over from March 28, April 4, April 11, May 9, May 23,
June 13)
From: Mayor Dean
Recommendation: Appoint Councilmember Olds to the Subcommittee for the City Manager Performance Evaluation process.
Contact: Tamlyn Bright, Mayor's Assistant, 644-6484

50. Annual Berkeley Transit Pass (held over from April 4, April 11, May 9, May 23, June 13) 
From: Mayor Dean
Recommendation: Establish a temporary Task Force on a Citywide Transit Pass. This Task Force is to be composed of Mayor Dean and Councilmember Armstrong, two members of the Transportation Commission, and two members of the AC Transit Board of Directors, Miriam Hawley and one other. The Task Force will be charged with developing a proposal for an annual Citywide Transit Pass which would allow Berkeley residents, and possibly those who work in Berkeley, unlimited rides on AC Transit, including transbay service in the same manner as UC Berkeley’s Class Pass. The work of the Citywide Transit Pass Task Force is to be completed in no more than one year, and the proposal developed by this group is to be submitted to the Transportation Commission, and then to the City Council for final approval.
Contact: Shirley Dean, Mayor, 644-6484

51. Parking Issues for Home Health Care Workers and Community Service Program
(Removed from Consent Calendar by Councilmember Olds. Held over from May 9, May 23, June 13)
From: Councilmember Spring
Recommendation: Request the City Manager waive all current outstanding parking fines for individuals who received them in permit parking zones while providing in-home support services to elderly or disabled residents; that a sign be prominently posted at the parking permit services office informing the public that special parking permits for in-home health service providers are available.
Contact: Dona Spring, Councilmember District 4, 644-6266

52. Support for Rick Young and His Efforts to Meet with the UC Berkeley Chancellor for Housing on the Underhill Block (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13.)
From: Councilmember Worthington
Recommendation: Support Rick Young and his efforts to meet with the UC Berkeley
Chancellor Robert Berdahl to discussing housing on the Underhill block
Contact: Kriss Worthington, Councilmember District 7, 644-6398

53. Notification of Meetings in Central Berkeley (Removed from the Consent Calendar by Councilmember Armstrong and held over from May 23, June 13.)
From: Councilmember Spring
Recommendation: Request the City Manager provide funding for a mailing to District 4 residents informing them of upcoming meetings on City services and Ohlone Park.
Contact: Dona Spring, Councilmember District 4, 644-6266

54. Web Page Accessibility for People with Disabilities (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13)
From: Councilmember Spring
Recommendation: Set aside five minutes of the June 13 Council meeting after Public Comment to hear a presentation from Alexandra Andrews on the new web page technology available for people with disabilities and how important it is to have web sites accessible to the disabled.
Contact: Dona Spring, Councilmember District 4, 644-6266

55. Budget Referral: Good Driver Recognition Program (removed from the Consent
Calendar by Mayor Dean and held over from June 13)
From: Councilmember Worthington
Recommendation: Congratulate personnel involved in beginning a Good Driver Recognition Program, and refer to the budget process $5000 for the Berkeley Police Department's Good Driver Recognition Program.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

56. Limit Number of Agenda Items from the Council Action: (Removed from the Consent Calendar by Councilmember Spring and held from June 13.)
From: Councilmember Breland
Recommendation: Adopt a policy limiting the number of agenda items at each Council meeting to no more than three (3) items per Councilmember per meeting and that no additional items be allowed on following agendas until the original items have been addressed.
Contact: Margaret Breland, Councilmember District 2, 644-6400

57. Council Meeting Procedures: (Removed from the Consent Calendar by Councilmember Spring and held over from June 13)
From: City Auditor
Recommendations: 1) Council consider these possible improvements to their rules of procedure, along with other suggestions; that discussion of these matters be public and not referred to the Rules Committee; and that Council then vote on these or alternative suggestions no later than July 11 for implementation on September 19: 1) That Council-initiated items which are primarily ceremonial or advisory, and which have no impact on City staff except for writing a letter, be Consent Calendar items, but that all other Council-initiated items be placed on the Action Calendar; 2) allow sufficient time for staff review of all Council-generated Action reports by submitting them to the City Clerk when City Auditor and City Manager reports are due, twenty days before the date of the Council meeting. 3) request the City Manager ensure that during the review period financial implications, estimated staff time, and impact on Departmental work plans and time budgets, are transmitted to the initiator of the item and included in the revised item; 4) items whose fiscal and workload impact cannot be estimated before a vote be resubmitted, with analysis, at a subsequent meeting; and 5) Council-generated items which are held over must be voted up or down at the next available Council meeting (non-public hearing meeting); 6) an annual limit on the number of Action items each of the nine Councilmembers may submit be agreed upon by Council, such as, based on three (3) per agenda, a limit (budget) of 96 annual per legislator if there are 32 meetings per year; 7) items carried over once and submitted a third time count toward the limit; and 8) rather than refer these suggestions to the Council Rules Subcommittee, a final Council vote should be scheduled on July 11 regarding this proposal and any amendments desired, and revised procedures instituted for the September 19 meeting.
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Removed from the Consent Calendar by Councilmember Spring and held over
to June 27.

58. Council Meeting Procedures (Removed from the Consent Calendar by Councilmember Spring and held over from June 13; from supplemental communications and reports)
From: Mayor Dean
Recommendations: Amendments to Auditor's proposal: 1) add - Items removed from the Consent Calendar will be handled as they are currently handled. 2) that Council
allow sufficient time for determining financial and work load impact of all Council-generated Action reports adopting the following process: a) Council-generated Action items require a minimum of two votes by the Council prior to implementation; b) The first vote is a preliminary vote which signifies Council interest sufficient to trigger the use of staff resources necessary to perform a fiscal and work load impact analysis; c) staff will complete its review within 30 days or City Manager will submit a brief report stating the reason and indicating the time frame; d) the original Council-generated item and staff review will be placed on the agenda under the category of "Previous Council Referred Action Reports" for final vote. The item will not be considered approved until second vote is taken; 3) same; 4) same; 5) Items as presented by the Auditor are all deleted; 6) same; 7) same; 8) a final Council vote on these suggestions scheduled on July 11, or some other agreed-upon date, and revised procedures instituted for the September 19 meeting; and 9) adjourn this meeting and any subsequent meeting at which more than three items are not completed to the following Thursday evening at 7:00 p.m., at which meeting no new items will be scheduled, and the only items considered are those not completed from the previous Tuesday agenda.
Contact: Shirley Dean, Mayor, 644-6484

59. Building Department Documents (Removed from Consent Calendar by Councilmember Shirek. Held over from May 16, May 23, June 13.)
From: Mayor Dean and Councilmember Olds
Recommendation: Request the City Manager investigate the situation of records and documents disappearing from files in the Building Department.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399

60. Ending Sanctions Against Mitsubishi Corp. Regarding Proposed Salt Works at
Laguna San Ignacio, Mexico (Removed from the Consent Calendar by Councilmember
Worthington. Held over from May 16, May 23, June 13.)
From: Mayor Dean
Recommendation: 1) Revoke the City's sanctions against the Mitsubishi Corp. (as imposed by Council action November 2, 1999, which were imposed to prevent the building of a salt factory at Laguna San Ignacio and the consequent destruction of the California Gray Whale and numerous other forms of wildlife at and around this Biosphere Reserve and World Heritage site; 2) request the City Clerk advise the California Public Employees Retirement System of this revocation with respect to purchases and divestment of stock in Mitsubishi and related entities; and 3) request the City Clerk write a letter to Mitsubishi advising it of the City's actions.
Contact: Shirley Dean, Mayor, 644-6484

61. Robotic Parking at Center Street Garage (Removed from the Consent Calendar by
Councilmember Worthington and held over from May 23, June 13.)
From: Mayor Dean
Recommendation: Request the City Manager investigate the feasibility of converting the Center Street Garage into a robotic parking facility financed by means of a self-supporting bond and with financial contributions from other parking beneficiaries, and report back to the Council within sixty days.
Contact: Shirley Dean, Mayor, 644-6484

62. 5-Year Street Plan Update (Removed from Consent Calendar by Councilmember Spring and held over from May 9, May 23, June 13)
From: Public Works Commission
Recommendation: Adopt a Resolution adopting the proposed update of the 5-Year Street Plan for FY 2001-2005.
Contact: Virginia Vafa, Secretary, 644-6506
City Manager Report - The City Manager concurs with the recommendations of the Commission.
Contact: Rene Cardinaux, Public Works, 665-3460

63. Taxi Scrip Program (held over from June 13)
From: Commission on Aging
Recommendation: Restore the distribution percentages for the taxi scrip program to 86/14, with 86% of available funds being assigned to taxi scrip for seniors and the balance going for other purposes.
Contact: Lisa Ploss, Secretary, 644-6050
City Manager Report - Information
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

NEW BUSINESS:

64. Procedures Relating to Interim and Permanent City Manager (to be delivered)
From: Mayor Dean
Recommendation: Adopt procedures to fill the City Manager position on an interim and permanent basis.
Contact: Shirley Dean, Mayor, 644-6484
65. City Manager Position (to be delivered)
From: Councilmember Maio
Recommendation: Discuss 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

66. Masons' Prince Hall Arms Senior Housing Project
From: Housing Advisory Commission
Recommendation: Housing Trust Fund (HTF) reservation for the Masons' Prince Hall Arms Senior Housing Project at 3132 Martin Luther King Jr. Way be reduced to the original $1.3 million inclusive of the approximately $600,000 already expended and that there be a new development team selected before the Masons use any more HTF monies.
Oscar Sung, Secretary, 665-3469
City Manager Report
Recommendation: Defer decision on the HAC recommendation until September 12, 2000. At that time staff will bring a full report to the Council on the issues related to the financing and completion of the project. The next HTF round will not open for applications until late September, so this will allow adequate time to decide what action to take with regard to the Masons' funding reservation.
Contact: Stephen Barton, Housing, 665-3481

67. Berkeley TRiP Funding
From: Commission on Aging
Recommendation: Adopt a Resolution reallocating funds in the amount of $75,400 from Berkeley TRiP to the paratransit function of the City.
Contact: Lisa Ploss, Secretary, 644-6050
City Manager Report
Recommendation: Not approve the recommendation from the Commission on Aging. Its adoption would result in the loss of a major tool used to help reduce traffic congestion, and a service used by thousands. Over 165,000 transit tickets and passes are sold each year, including 25,000 senior tickets per year. Berkeley TRiP's hours of operation have remained virtually the same over the past several years. They are currently open 42.5 hours per week, from 9:00 a.m. to 5:30 p.m., Monday through Friday. Since 1982 Council has partially funded Berkeley TRiP. In recent years the annual allocation has been $75,400. Of this amount, $25,000 comes from the Golden Bear Project Mitigation fund and could not be used for paratransit services. At the May 23, 2000 meeting, Council referred a Transportation Commission request for an increase in funding for the Berkeley TRiP project, needed to keep TRiP operational, to the budget process.
Contact: Wendy Cosin, Planning and Development, 705-8108

68. People V. Kahlil Jacobs-Fantauzzi
From: Peace and Justice Commission
Recommendation: Adopt a Resolution 1) authorizing the City Manager to order copies of the trial transcript and videotapes admitted into evidence in the case of People v. Kahlil Jacobs-Fantauzzi; 2) directing that an investigation be conducted and a report determining and listing all discrepancies between the testimony of Sgt. Randolph Files, the testimony of Officer Kevin Scofield, the videotape evidence and the testimony of other witnesses, be prepared and made available to the public within 60 days of the passage of the Resolution, and within a period timely enough to assure the statute of limitations for bringing charges of perjury does not expire; and 3) formally requesting that, before the time period for bringing criminal charges for perjury expires, the Alameda County District Attorney conduct an independent review of the evidence to determine if Sgt. Randolph Files engaged in perjury, false arrest, assault, or any other criminal misconduct in the case of People v. Kahlil Jacobs-Fantauzzi.
Contact: Manuel Hector, Secretary, 665-6880
City Manager Report
Recommendation: The City Council has already discussed this matter with the City Attorney in closed session in light of the fact that a civil suit is likely. The City Attorney has already undertaken an expedited investigation into this matter, which includes the ordering of all relevant evidence including the trial transcript and exhibits. Thus, no further action is necessary at this time. 
Contact: Fred Medrano, Health and Human Services, 665-6879

Information Reports

69. Ballot Measures -Argument and Rebuttal Process
From: City Manager
Contact: Sherry Kelly, City Clerk, 644-6480

70. Transportation Commission Forms Transit Subcommittee
From: Transportation Commission
Contact: Nathan Landau, Secretary, 705-8136

71. Status of After-Hours Building Inspection Pilot Program (CR 99-85)
From: City Manager
Contact: Wendy Cosin, Planning and Development, 705-8108

72. Update on the Disaster Resistant Community Project
From: City Manager
Contact: Arrietta Chakos, City Manager's Office, 644-6580

73. Use of Parks Maintenance Tax Proceeds
From: City Manager
Contact: Manuela Albuquerque, City Attorney, 644-6380

74. Fiscal Year 2000 General Audit Work Plan
From: City Auditor
Contact: Ann-Marie Hogan, City Auditor, 644-6440
75. Formal Bid Solicitations and Request for Proposals in the Next 30 Days
From: City Manager
Contact: Fran David, Finance, 665-7401

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. Walter Wood, re Affordable Housing 1719-1725 University.
2. Rosemary Vimont, re Housing on San Pablo.
3. Martin DeNero, PTCC Accessibility Committee , re ADA Paratransit Eligibility
Application.
4. Ray Dobbard, re Delinquent Damage Payment Claim.
5. Leigh Trivette, re Andreas Toupadakis.
6. Louetta Erlin, re Council Rules.
7. Reza Sirafinejad, re Berkeley TRIP.
8. John Vance, A First amendment Center, regarding community information. (additional
pages on file for review in the City Clerk’s Office).
9. Copies of postcards received at June 20 meeting re Home at Last.

Adjournment 

City of Berkeley Home / Departments / City Clerk Home / Boards and Commissions /  
City Charter / City Council / BMC / Conflict of Interest / Domestic Partnership / Election Info / Records Online