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AGENDA
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, JULY 11, 2000
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.
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.
Youth Forum:
A total of fifteen (15)
minutes is designated to allow youth an opportunity to address the
Council. 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. 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. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meeting of: June
6, 200 (special.)
Contact:
Sherry Kelly, City Clerk, 644-6480
3.
Placing Measures on the November 2000 Ballot
From: City Manager
Recommendation: Adopt
three Resolutions placing measures on the November 7, 2000 ballot to:
1) approve a bond to fund the renovation, expansion and improvement
of branch libraries; 2) approve a bond to fund the reconstruction,
renovation, repair and improvement of the warm water pool facility at
Berkeley High School; and 3) amend the Business License Ordinance.
Contact: Sherry Kelly, City
Clerk, 644-6480
4.
Coast Live Oak Trees (first reading vote:
unanimous; Absent - Breland; held over from June 27)
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 danger to property
where the only reasonable mitigation is removal.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
5.
Safety Members Pension Fund Annual Reports (first reading
vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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 (first
reading vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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.
Annual Appropriation Ordinance (first reading vote: Noes - Olds, Woolley, Dean; Abstain - Armstrong)
From: City Manager
Recommendation:
Adopt second reading of
Annual Appropriation Ordinance.
Contact: Phil Kamlarz,
Deputy City Manager, 644-6580
8.
Tax Rate - Maintenance of Parks, City Trees and Landscaping (first
reading vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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
9.
Tax Rate - Emergency Medical Services (first reading
vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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
10.
Tax Rate - Measure S General Obligation Bonds (first
reading vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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
11.
Tax Rate - Fire Seismic General Obligation Bonds (first
reading vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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
12.
Tax Rate - Business License Tax for Large Non-Profits (first
reading vote: Noes -
Armstrong, Olds)
From: City Manager
Recommendation: Adopt
second 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
13.
Tax Rate - Library
Services Tax (first
reading vote: unanimous)
From: City Manager
Recommendation: Adopt
second 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
14.
Tax Rate - Emergency Services for the Severely Disabled Tax (first
reading vote: unanimous)
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
15.
Animal Licensing and Spay and Neuter Ordinance (first
reading vote: Noes - Shirek,
Wooley; Absent - Breland)
From: City Manager
Recommendation: Adopt
second 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.
Contact: Fran David, Finance,
665-7401
16. Non-Exclusive
Rubbish Hauling Franchises (first reading vote:
unanimous)
From: City Manager
Recommendation: 1) Adopt
second 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.
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
Contact: Rene Cardinaux,
Public Works, 665-3460
17.
Contract: Sacramento
Lobbyist
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract and any
amendments in an amount not exceed $51,970 with Lynn Suter and Associates
to provide the City with legislative representation services in
Sacramento.
Contact: James Keene, City
Manager, 644-6580
18.
Contract: Security
Guard Services
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract with ABC
Security Service, Inc. for security guard services at the Corporation Yard
and Solid Waste Management Center for the period July 1, 2000 to June 30,
2001 in an amount not to exceed $60,000 for each facility for a total of
$120,000; and approve an option to extend the contract for four additional
one-year periods up to a maximum of five years at the City's discretion.
Contact: Rene Cardinaux,
Public Works, 665-3460
19.
Settlement of Claim: Marlene
M. Clarke v. City of Berkeley
From: City Manager
Recommendation: Adopt a
Resolution authorizing a settlement of Public Liability Claim Number
00-209, Marlene M. Clarke, in the amount of $5,279.84.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
20.
Settlement of Claim: Marquis
Matthew McMurray v. City of Berkeley
From: City Manager
Recommendation: Adopt a
Resolution authorizing a settlement of Public Liability Claim Number
00-191, Marquis Matthew McMurray, in the amount of $7,500.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
21.
Smoking in Tot Play Areas
From: City Manager
Recommendation: Adopt
first reading of an Ordinance amending the Berkeley Municipal Code (BMC),
Sections 12.70.010, 12.70.020 and 12.70.030, to prohibit smoking in
designated children's play areas called "tot play areas".
Contact: Manuela Albuquerque,
City Attorney, 644-6380
22.
Contract: Back-Up
Emergency Radio Transmitter
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a sole source contract
with Communications Buildings of America to purchase a pre-constructed
building to support the City's back-up emergency radio transmitter at the
Solid Waste Management Center on Second Street in an amount not to exceed
$40,000 for the period July 12, 2000 to March 31, 2001.
Contact: Rene Cardinaux,
Public Works, 665-3460
23.
Contract: Sanitary
Sewer Project
From: City Manager
Recommendation: Adopt a
Resolution approving plans and specifications for the Sanitary Sewer
Project located at the Berkeley Marina, Durant Avenue, Fairview Street,
Harper Street, Ellis Street, King Street, 62nd Street and 63rd
Street; accepting the bid of Darcy and Harty Construction, Inc.; and
authorizing the City Manager to execute a contract and any amendments in
an amount not to exceed $1,047,864 for a period of 210 calendar days.
Contact: Rene Cardinaux,
Public Works, 665-3460
24.
Grant Agreement: Gilman
and I-80 Roundabout
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to enter into Administering
Agency-State Master Agreement No. 000057 and Program Supplement Agreement
No. 0379 Rev. 000 with Caltrans to secure a State Transportation
Improvement Program (STIP) grant of $100,000 to conduct design and
environmental studies for the construction of roundabouts on Gilman Street
at I-80.
Contact: Rene Cardinaux,
Public Works, 665-3460
25. Agreement:
Ashby Avenue and 7th Street Signal (to be
delivered)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to enter into a Cooperative
Agreement with Caltrans to fund the modification of the traffic signal at
Ashby Avenue and 7th Street.
Contact: Rene Cardinaux,
Public Works, 665-3460
26.
Contract: Civic
Center Building Systems Furniture Design
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract and any
amendments with OP Contract, Inc. for Phase II design services for the
systems furniture to be installed at 2180 Milvia Street for an amount not
to exceed $30,502.50.
Contact: Rene Cardinaux,
Public Works, 665-3460
27.
Contract: Pavement
Condition Survey
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract and any
amendments with Nichols Vallerga and Associates to perform pavement
condition survey services, in an amount not to exceed $27,750, for the
period July 17, 2000 to September 8, 2000.
Contact: Rene Cardinaux,
Public Works, 665-3460
28. Contract:
Purchase of Fire Engines
From: City Manager
Recommendation: Adopt a
Resolution awarding a lease purchase contract to Golden State Fire
Apparatus for the purchase of fire engines as per Specification F-8770-00,
in an amount not to exceed $390,000 per fiscal year over eight years.
Contact: Reginald Garcia,
Fire, 644-6665
29.
Lease Agreement: 2442
Durant Avenue, Delicatessen
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the City Manager to execute a
lease agreement with Cheese-N-Stuff located at 2442 Durant Avenue for the
purpose of operating a delicatessen for a term of five years with two
5-year options.
Contact: Fran David, Finance,
665-7401
30.
Lease Agreement: 2444
Durant Avenue, Retail Smoking and Newsstand Store
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the execution of a lease
agreement with Dave's Smoke Shop located at 2444 Durant Avenue for the
purpose of operating a retail smoking and newsstand store for a term of
five years with two 5-year options.
Contact: Fran David, Finance,
665-7401
31.
Lease Agreement: 2446
Durant Avenue, Retail Optometry and Optician Service
From: City Manager
Recommendation: Adopt
first reading of an ordinance authorizing the City Manager to execute a
lease agreement with Dr. Donald Sebanc located at 2446 Durant Avenue for
the purpose of operating a retail optometry and optician service for a
term of five years with two 5-year options.
Contact: Fran David, Finance,
665-7401
32.
Lease Agreement: 2425A
Channing Way, Photocopy and Offset Printing Shop
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the City Manager to execute a
lease agreement with University Copy Shop located at 2425A Channing Way
for the purpose of operating a photocopy and offset printing shop for a
term of five years with two 5-year options..
Contact: Fran David, Finance,
665-7401
33.
Lease Agreement: 2425B
Channing Avenue, Retail Shipping, Packaging and Related Services
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the execution of a lease
agreement with Postal Annex+ located at 2425B Channing Way for the purpose
of operating a retail shipping, packaging and related service business for
a term of five years with two 5-year options.
Contact: Fran David, Finance,
665-7401
34.
Lease Agreement: 2425C
Channing Way, Retail Bookstore
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the City Manager to execute a
lease agreement with Revolution Books located at 2425C Channing Way for
the purpose of operating a retail bookstore for a term of five years with
two 5-year options.
Contact: Fran David, Finance,
665-7401
35.
Lease Agreement: 2439
Channing Way, Do-It-Yourself and Custom Picture Shop
From: City Manager
Recommendation: Adopt
first reading of an Ordinance authorizing the execution of a lease
agreement with Framers Workshop located at 2439 Channing Way for the
purpose of operating a do-it-yourself and custom picture shop for a term
of five years with two 5-year options.
Contact: Fran David, Finance,
665-7401
36.
Awards: South
Berkeley Community Committee and City Staff
From: City Manager
Recommendation: Schedule a
ceremonial item for July 25, 2000 honoring the South Berkeley Community
Committee for a Full-Service Supermarket and City staff for receipt of the
California Association for Local Economic Development (CALED)
"Development Partnership" Award of Excellence for securing The
Berkeley Bowl, a full service grocery store, at the site of the former
Safeway supermarket at 2020 Oregon Street.
Contact: Bill Lambert,
Economic Development, 705-8180
37.
Grant: Public
Health Services
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to accept two grants in the
amounts of $402,184 and $100,000 respectively from the Alameda County
Children and Families Commission to provide universal home visits to all
Berkeley postpartum women by public health nurses, and increase
coordination of child care, health and education services for young
children and their families through the Prenatal Through Preschool
Initiative for the period July 1, 2000 through June 30, 2001, and to
execute the resultant agreement and any amendments.
Contact: Fred Medrano, Health
and Human Services, 665-6879
38.
City UC Negotiating Team - Oxford Tract
From: Councilmember Spring
and Mayor Dean
Recommendation: Appoint
Mayor Dean and Councilmember Spring to negotiate issues concerning
University of California's proposed seismic replacement building on the
Oxford Tract.
Contact: Dona Spring,
Councilmember District 4, 644-6266; Shirley Dean, Mayor, 644-6484
39.
Speed Limit Enforcement on Urban Streets
From:
Councilmember Armstrong
Recommendation: Direct
representatives and lobbyist in Sacramento to work toward crafting and
passing a law which would exempt densely populated urban streets from the
present "speed trap" laws.
Contact:
Polly Armstrong, Councilmember District 8, 644-6401
40.
Claremont Hotel Expansion
From: Councilmember Armstrong
Recommendation: Ask the
City Manager to direct staff to review and monitor any plans or permit
requests or environmental documents submitted by the Claremont Hotel for
their proposed expansion and inform us of any opportunities that exist for
the City to ensure that the impacts on residents are avoided or mitigated.
Contact: Polly Armstrong,
Councilmember District 8, 644-6401
41.
I-80 Pedestrian/Bicycle Overpass (to be delivered)
From: Mayor Dean
Recommendation: 1)
Direct staff to immediately pursue all potential funding sources to
obtain approximately $800,000 to restore those amenities which were
eliminated from the I-80 overpass budget due to funding constraints and a
larger than expected base construction bid; 2) establish the following
priorities to add on to the construction as funding is obtained: a)
landscaping, b) seating/rest areas, c) east staircase (from Aquatic Park
Shoreline Trail to View Deck and Bridge Span), d) touchdown plaza, e)
lighting, f) west staircase (from the Bay Trail to the View Deck and
Bridge Span) and 3) request staff provide reports every 30 days to the
Council, various commissions involved (Parks and Recreation, Waterfront,
and Transportation) and the public on the status of the funding.
Contact: Shirley Dean, Mayor,
644-6484
42.
Nuisance Abatement and Debris Removal from Private Property
From: Mayor Dean
Recommendation: Request
the City Manager 1) implement a stepped-up enforcement program for the
removal of unsightly litter, debris and abandoned furniture from private
property; 2) within 30 days, make recommendations to revise the pertinent
sections of Berkeley Health and Safety Code to allow for quicker public
action to remove such debris; 3) within 30 days, make recommendations with
regard to allocating the ultimate financial responsibility for debris
removal and nuisance abatement; and 4) request the City Manager consult
with the Rent Board and staff, the Housing Advisory, Public Works and
Solid Waste Management Commissions.
Contact: Shirley Dean, Mayor,
644-6484
43.
Housing Authority Board Membership
From: Mayor Dean
Recommendation: 1)
Request the City Manager analyze whether the Berkeley Housing Authority
should continue to be composed of members of the City Council plus two
Housing Authority tenants or be restructured as a separate, possible
resident-elected board; 2) part of the evaluation to include how other
cities in the area structure their Housing Authorities, costs of such a
change, and how such change impacts the possibilities of additional
federal funding; 3) the City Manager to obtain comments from the two
current tenant members of the Authority, League of Women Voters (local
branch), interim resident advisory group, current clients (property owners
and residents) of the BHA, current residents of public housing, and
appropriate boards and commissions; and 4) request the Manager return to
the Council with the report no later than approximately six months.
Contact: Shirley Dean, Mayor,
644-6484
44.
Tobacco Advertising in Local Newspapers
From: Mayor Dean
Recommendation: 1) Adopt
a Resolution asking local newspapers either to voluntarily
decrease/eliminate tobacco advertising or, if this is constitutionally
infeasible, place a free public service anti-smoking ad that is equivalent
and adjacent to each and every page of tobacco advertising; and 2) ask the
City Clerk to forward a copy of the City's resolution to the Managing
Editors of the following newspapers:
San Francisco Bay Guardian, East Bay Express, S.F. Weekly, Bay
Times, Oakland Tribune, San Francisco Chronicle & Examiner, and
Metro.
Contact: Shirley Dean,
Mayor, 644-6484
45.
Fee Waiver: Mount
Zion Missionary Baptist Church Business Fair From:
Mayor Dean
Recommendation: Grant the
requested waiver of up to $504 for fees in conjunction with the August 19,
2000 Berkeley Mount Zion Missionary Baptist Church Business Street Fair,
and 2) refer to the City Manager a request to keep a running tally of all
fee waiver requests for policy consideration in conjunction with next
year's budget discussion.
Contact: Shirley Dean, Mayor,
644-6484
46.
Medical Marijuana Ordinance
From: Councilmember
Maio
Recommendation: The City
Attorney forward copies of the draft Medical Marijuana Ordinance, and a
copy of the Oakland ordinance, to the Health Commission.
Contact:
Linda Maio, Councilmember District 1, 644-6359
47.
Fee Waiver: Fifth
Annual Watershed Environmental Poetry
From: Councilmember
Worthington
Recommendation: Adopt a
Resolution 1) extending the sound permit from 11:00 to 4:30 p.m. and waive
the fee to secure the use of the Veterans Memorial Building in the event
of rain for the Fifth Annual Watershed Environmental Poetry event in
Martin Luther King, Jr. Civic Center Park, Saturday, September 9, 2000; 2)
waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow a
banner across Shattuck Avenue, and waive City permits, staff fees, and
necessary equipment associate with hanging the banner; and 3) allow access
to the kiosk located outside of downtown Berkeley BART station on Center
Street to display a poster and any information relating to the event.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
48.
Initiative: Save
Agriculture and Open Space Lands
From: Councilmembers
Worthington, Woolley, Olds, Vice Mayor Shirek
Recommendation: Support
Alameda County initiative to Safe Agriculture and Open Space Lands, and
send letters to the Alameda County Board of Supervisors.Contact:
Kriss Worthington, Councilmember District 7, 644-6398; Diane
Woolley, Councilmember District 5, 644-6294; Betty Olds, Councilmember
District 6, 644-6399;Maudelle Shirek, Councilmember District 3, 644-6243.
49.
Fee Waiver: Second
Annual Berkeley World Music Festival
From: Councilmember
Worthington
Recommendation: Waive all
fees, including fees for event, food, sound permits, insurance fees, and
police reserve fees, associated with the Second Annual Berkeley World
Music Festival on Sunday, August 27, and allow an exemption to Berkeley
Municipal Code (BMC) Section 20.24.040, allowing a banner to be hung
across Telegraph Avenue at Durant advertising this event; and 2) approve
the City's provision of the following in-kind services: ten portable
toilets, assistance from Public Works in hanging the banners, twenty trash
cans with liners, dumpster and solid waste services, and traffic signage
and engineering for the closure of Durant at Telegraph and Bowditch.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
50.
Utility Reform Network (TURN)
From: Councilmember
Worthington
Recommendation: Refer the
Utility Reform Network (TURN) opening and reply comments to the Task Force
on Undergrounding Utilities and Undergrounding Utilities Subcommittee.
Contact:
Kriss Worthington, Councilmember District 7, 644-6398
51.
Pardon: Sarah Jane
Olson (AKA Kathleen Ann Soliah)
From: Peace and Justice
Commission
Recommendation: Adopt a
Resolution requesting the Los Angeles District Attorney drop all charges
against Sara Jane Olson (aka) Kathleen Ann Soliah), and for Judge James
Ideman to dismiss all charges to end a vindictive prosecution; and request
Governor Gray Davis to pardon Sara Jane Olson (aka Kathleen Ann Soliah)
during her period of alleged activities with and on behalf of the
Symbionese Liberation Army, so this turbulent period can finally be put to
rest.
Contact: Manuel Hector,
Secretary, 665-6880
City Manager Report
Recommendation: The City
Manager takes no position concerning the recommendations of the
Commission.
Contact: Fred Medrano, Health
and Human Services, 665-6879
52.
Additional Funds for Affordable Housing
From: Housing Advisory
Commission (HAC)
Recommendation: 1) Direct
the City Manager to continue investigating the possibility of developing a
local dedicated source of funding for the Housing Trust Fund; and 2) urge
the Alameda County Board of Supervisors to put a bond measure on the
November ballot to fund affordable housing.
Contact: Oscar A. Sung,
Secretary, 644-6001
City Manager Report
Recommendation: Concurs
with content and recommendations of the Commission.
Contact: Stephen Barton,
Housing, 665-3481
53. Well
and Groundwater Survey
From: Community Environmental
Advisory Commission
Recommendation: Instruct
a letter to be sent to the San Francisco Water Quality Control Board (RWQCB)
and the State Water Resources Control Board (SWRCB) requesting these
agencies maintain the highest possible uses of groundwater in the Berkeley
sub-basin in the amended Water Quality Control Plan (Plan).
The amended Plan should recognize the intent of the City to use its
groundwater resources in the future for municipal, domestic, irrigation
and industrial purposes.
Contact: Nabil Al-Hadithy,
Secretary, 705-8155
City Manager Report
Recommendation: Concurs
with the content and recommendations of the Commission.
Contact: Wendy Cosin,
Planning and Development, 705-8108
54.
Donald G. Watts Trust
From: Board of Library
Trustees
Recommendation: Adopt a
Resolution authorizing the Board of Library Trustees to consent to the
reformation of the Donald G. Watts Trust.
Contact: Adelia Lines,
Library, 644-6095, ext. 18
City Manager Report
Recommendation: Concurs
with the content and recommendation of the Board.Contact:
Phil Kamlarz, Deputy City Manager, 644-6580
Presentation
55.
Annual Report, Library Board of Trustees
Contact: Adelia Lines,
Library, 644-6095
Action Calendar
Appeals:
56.
Zoning Appeal of Use Permit,
2334 Curtis Street
a.
Appeal filed by Alan Stern of the Zoning Adjustments Board
decision of March 23, 2000 which approved a use permit to
expand a lawful non-conforming use by converting two units on the second
floor to an existing fourplex into a 1,160 square foot unit and to replace
a unit into the unused 665 square foot basement.
Contact: Sherry Kelly, City
Clerk, 644-6480
b.
City Manager Report
Recommendation: Adopt a
Resolution denying the appeal of Use Permit, and uphold the decision of
the Zoning Adjustments Board to approve Use Permit 99-10000099.
Contact: Wendy Cosin, Planning and Development, 705-8105
c.
Communications
1.
Duff Johnson
2.
Alan Stern
Contact: Sherry Kelly, City
Clerk, 644-6480
57.
Zoning Appeal of Use Permit,
1144 Miller Avenue
a.
Appeal filed by Christopher J. Hunt, Eric and Michele Merrill, John
and Jean DeWitt, and Larry Riley and Lucy McCoy of the Zoning
Adjustments Board decision of April 27, 2000 which approved a use permit
to construct a 3,086 square foot single family house; and a use permit to
construct an accessory building (detached garage) that encroaches on the
25% of a through lot nearest to Whitaker Avenue.
Contact: Sherry Kelly, City
Clerk, 644-6480
b.
City Manager Report (to
be delivered)
Recommendation: Adopt a
Resolution affirming the decision of the Zoning Adjustments Board.
Contact: Wendy Cosin Planning and Development, 705-8105
c.
Communications
1.
Jean Waxdeck
2.
Helen Lewy
3.
Collin G. Murphy
4.
Marna Clark
5.
Barbara Allen and Robert E. Allen, FAIA
Contact: Sherry Kelly, City
Clerk, 644-6480
Action Calendar
58.
Zoning Appeal of Use Permit,
1155 Euclid Avenue
a.
Appeal filed by Marilyn McCartney, of the Zoning Adjustments
Board decision of May 25, 2000 which approved Use Permit 00-10000045 for
the project located at 1155 Euclid Avenue to convert a 492 square foot
portion of an existing ground floor of a single family house into an
accessory dwelling unit.
Contact:
Sherry Kelly, City Clerk, 644-6480
b.
City Manager Report
Recommendation: Adopt a
Resolution affirming the decision of the Zoning Adjustments Board to
convert a portion of the ground floor of an existing residence into a 492
square foot accessory dwelling unit.
Contact: Wendy Cosin Planning and Development, 705-8105
c.
Communications
1.
Alex and Kate Pope
Contact: Sherry Kelly, City
Clerk, 644-6480
59.
Zoning Appeal of Use Permit,
2016-2020 Dwight Way
a.
Appeal filed by Reuben Kolenbrenner. of the Zoning Adjustments
Board decision of December 9, 1999 which denied use permit 99-10000018 for
the project located at 2016-2020 Dwight Way to: a) allow the construction
of a multi-family dwelling; b) to allow portions of the structure to be 43
feet in height where otherwise the maximum building height is 35 feet.
Contact: Sherry Kelly, City
Clerk, 644-6480
b.
City Manager Report
Recommendation: Adopt a
Resolution denying the appeal and upholding the decision of the Zoning
Adjustments Board regarding certain Use Permits at 2016 Dwight Way.
Contact: Wendy Cosin,
Planning and Development, 705-8108
c.
Communications
1.
John E. Gutierrez, Attorney, requesting continuance to September 12, 2000.
NOTICE
CONCERNING YOUR LEGAL RIGHTS: If
you object to a decision by the City Council to approve or deny a use
permit or variance for a project the following requirements and
restrictions apply: 1) No lawsuit challenging a City decision to deny
(Code Civ.Proc. '1094.6(b))
or approve (Gov.Code '65009(c)(5)) a use permit or variance may be filed
more than 90 days after the date the Notice of Decision of the action of
the City Council is mailed. Any lawsuit not filed within that 90-day
period will be barred. 2) In
any lawsuit that may be filed against a City Council decision to approve
or deny a use permit or variance, the issues and evidence will be limited
to those raised by you or someone else, orally or in writing, at a public
hearing or prior to the close of the last public hearing on the project.
Priority:
60.
Decision Regarding Kragen Auto Parts, Revocation of Use Permit
From:
City Manager (Reports
and communications that were distributed to Council on June 20 and 27 are
not included.) (to be delivered)
Recommendation:
Adopt a Resolution
affirming the Zoning Adjustment Board decision to revoke Use Permit No.
A1433, Kragen Auto Parts, 1600 University Avenue.
Contact: Wendy Cosin,
Planning and Development, 705-8108
Contact: Sherry Kelly, City
Clerk, 644-6480
61. Ballot
Measure - Eviction for Good Cause (held over from June 20, June 27)
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
City Manager Supplemental Report of
June 27
Recommendation: 1)
Consider placement of the 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.
Contact: Stephen Barton,
Housing, 665-3481
Old Business:
62. Contract:
Martin Luther King, Jr. Civic Center Building (removed from
the Consent Calendar by Councilmember Spring and held over from June 27)
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
63.
City Manager’s Budget Policy Recommendations from Report of
May 9, 2000 (held over from June 27)
Recommendation: Adopt
budget policies to guide development of future budgets and help ensure the
City's long-term fiscal stability.
Contact: Phil Kamlarz, Deputy
City Manager, 644-6580
64.
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, June 27)
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
65.
Commission Term Limits and Leave of Absences (held over from
April 4, April 11, May 9, May 23 and June 13, June 27)
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-year term 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
66. Landmarks
Preservation Ordinance and Zoning Ordinance (Removed from Consent
Calendar by Vice Mayor Shirek. Held
over from May 16, May 23, June 13, June 27.)
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
67.
Landmarks Preservation Ordinance and Zoning Ordinance (held
over from June 27)
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
68.
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, June 27)
From: City Manager - Information Report
Contact: Rene Cardinaux,
Public Works, 665-3439
69.
Regulation of Indoor Entertainment Events (held over from
May 23, June 13, June 27)
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
70. Annual
Berkeley Transit Pass (held over from April 4, April 11, May 9, May
23, June 13, June 27)
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
71.
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, June 27)
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
72.
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, June 27)
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
73.
Notification of Meetings in Central Berkeley (Removed
from the Consent Calendar by Councilmember Armstrong and held over from
May 23, June 13, June 27)
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
74.
Web Page Accessibility for People with Disabilities (Removed
from the Consent Calendar by Mayor Dean and held over from May 23, June
13, June 27)
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
75.
Budget Referral: Good
Driver Recognition Program (removed from the Consent Calendar by
Mayor Dean and held over from June 13, June 27)
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
76.
Limit Number of Agenda Items from the Council Action: (Removed from the Consent Calendar by Councilmember
Spring and held from June 13, June 27)
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
77.
Council Meeting Procedures:
(Removed from the Consent Calendar by Councilmember Spring
and held over from June 13, June 27)
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
78.
Council Meeting Procedures (Removed from the Consent
Calendar by Councilmember Spring and held over from June 13; from
supplemental communications and reports, June 27)
From: Mayor Dean
Recommendations: Amendments
to Auditor's proposal: 1)
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; a) 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.
If it is not possible to complete the review within this period of
time, the City Manager will submit a brief report to the Council stating
the reason and indicating the time frame in which the analysis will be
prepared; 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.
These items will follow appeals, presentations and public hearings
on the agenda; 3) rather than refer these suggestions to the Council Rules
Subcommittee, a final Council vote should be scheduled on July 11, or some
other Council agreed upon date, regarding this proposal and any amendments
desired, and revised procedures instituted for the September 19 meeting;
4) adjourn this Council 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 being considered are those items that have not been completed
from the previous Tuesday agenda.
Contact: Shirley Dean, Mayor,
644-6484
79.
Robotic Parking at Center Street Garage (Removed from the
Consent Calendar by Councilmember Worthington and held over from May 23,
June 13, June 27)
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
80.
Procedures Relating to Interim and Permanent City Manager (held
over from June 27)
From: Mayor Dean
Recommendation: Adopt
procedures to fill the City Manager position on an interim and permanent
basis.
Contact: Shirley Dean, Mayor,
644-6484
81.
City Manager Position (held over from June 27)
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
82.
Taxi Scrip Program (held over from June 13, 27)
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:
83.
Voting Delegates, League Annual Conference
From: City Manager
Recommendation:
Designate a voting delegate and alternate to act on behalf of
the City at the policy-making meeting and direct the City Clerk to
transmit the names of the delegates to the League no later than August 18,
2000.|
Contact: Sherry Kelly, City
Clerk, 644-6480
Information Reports
84.
Landmarks Preservation Commission Notices of Decision:
921 University Avenue (Suendermann Plumbing Co. Building); 4
Greenwood Common; 2100 Shattuck Avenue (Francis K. Shattuck Building);
1475 Rose Street (Old Jefferson School Building) (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
85.
Election Information on Web
From: City Manager
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.
Bhima Sheridan,
re Electronic Vehicle for Mail Delivery.
2.
Joe Washington,
re Stadium Lights.
3.
Summer Brenner, re University Avenue traffic.
4.
Daniel W. Burkhart, The White House, re Andreas Toupadakis.
5.
L A Wood, re Audit of US EPA Region IX,
Enforcement and Compliance Division.
6.
Donal & Lynn Glaser, re Fire Station #7.
7.
Jerri Holan, AIA, Architects Engineers, Planners, The McGregor
Building, re Martin
Luther King Jr./Civic Center Park Project.
8.
Philip Armstrong, United States Environmental Protection Agency, re Lawrence Berkeley
National Laboratory.
9.
Michael J. Vandeman, re Determination of Critical Habitat for the Alameda Whipsnake.
10. Rachel
A. Rupert, re Millennium Peace Bell Project.
11. Billy
Quealy,
re Neuter Ordinance.
12. Richard
Berkeley, re UACH Building.
13. John
Vance, A First amendment Center, regarding community information. (additional
pages on file for review in the City Clerk’s
14. Robert
Hagedorn, re: animal ordinance.
Adjournment
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