AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JULY 18, 2000  

     Preliminary Matters

Roll Call:  7:00 p.m.

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

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

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

                Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be held over to the next meeting unless the City Manager requests action due to priority.

1.            Minutes for Approval  
From:  City Manager  
Recommendation:  Approve the minutes for the meetings of  a) May 16, 2000 (regular) with revisions to Item 25 per Mayor Dean; b) May 23, 2000 (regular) with revision to Item 40 by Councilmember Spring and Item 59 per Mayor Dean; c) June 13, 2000 (Special); d) June 13, 2000 (regular); e) June 20, 2000 (regular); f) June 27, 2000 (special); g) June 27 (regular); and June 28, 2000 (special).
Contact: Sherry M. Kelly, City Clerk, 644-6480

2.             Animal Licensing and Spay and Neuter Ordinance (first reading vote:  Noes - Shirek, Woolley; 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

3.            Smoking in Tot Play Areas (first reading vote:  unanimous)  
From:  City Manager
Recommendation:  Adopt second 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

4.             Lease Agreement:  2442 Durant Avenue, Delicatessen (first reading vote:  unanimous)  
From:  City Manager
Recommendation:   Adopt second 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

5.             Lease Agreement:  2444 Durant Avenue, Retail Smoking and Newsstand Store (first reading vote:  unanimous)  
From:  City Manager  
Recommendation: Adopt second 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

6.             Lease Agreement:  2446 Durant Avenue, Retail Optometry and Optician Service (first reading vote:  unanimous) 
From:  City Manager  
Recommendation:  Adopt second 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 two years with one 3-year option.
Contact:  Fran David, Finance, 665-7401

7.            Lease Agreement:  2425A Channing Way, Photocopy and Offset Printing Shop (first reading vote:  unanimous)  
From:  City Manager
Recommendation:  Adopt second 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

8.             Lease Agreement:  2425B Channing Avenue, Retail Shipping, Packaging and Related Services (first reading vote:  unanimous)  
From:  City Manager  
Recommendation:  Adopt second 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

9.             Lease Agreement:  2425C Channing Way, Retail Bookstore (first reading vote:  unanimous)  
From:  City Manager
Recommendation:  Adopt second 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.
Contact:  Fran David, Finance, 665-7401

10.           Lease Agreement:  2439 Channing Way, Do-It-Yourself and Custom Picture Shop (first reading vote:  Unanimous) 
From:  City Manager
Recommendation:  Adopt second 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

11.            Revised Commissioner's Manual  
From:  City Manager
Recommendation:  Adopt a Resolution readopting the Commissioner's Manual and rescinding Resolution No. 56,698-N.S. and all its amendments.  
Contact:  Sherry Kelly, City Clerk, 644-6480

12.           Ballot Measure:  Rent Eviction Controls (to be delivered) 
From:  City Manager
Recommendation:  Adopt a Resolution placing a measure on the November 7, 200 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9, Rent Stabilization Ordinance, 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.  
Contact:  Manuela Albuquerque, City Attorney, 644-6380 

13.            Revocation of Kragen Auto Parts Use Permit - 1600 University Avenue (to be delivered)  
From:  City Manager
Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board decision to revoke the Use Permit for auto parts store at 1600 University Avenue, adopting findings and denying the appeal.  
Contact:  Wendy Cosin, Planning and Development, 705-8108

14.            Contract:  Berkeley Convention and Visitors Bureau 
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office for $250,711 in FY2001 to provide for continued program development and marketing plan implementation to assist visitors.  
Contact:  Bill Lambert, Economic Development, 705-8180

15.           Contract:  Berkeley Community Media  
From:  City Manager
Recommendation:  Adopt a Resolution amending the scope of the contract with Berkeley Community Media authorizing payment of $236,500 as specified in the original contract, plus an additional $25,000 authorized in the June 27, 2000 budget, for a total contract amount not to exceed $261,500 for the period July 1, 2000 to June 30, 2001.  
Contact:  Chris Mead, Information Systems, 665-7661

16.           Contract:  Berkeley Art Center Bridge Replacement  
From:  City Manager
Recommendation:  Adopt a Resolution accepting the bid of Bamer Construction Company and authorizing the City Manager to execute a contract and any amendments for an amount not to exceed $70,600 for construction of the Berkeley Art Center replacement bridge, for a period of thirty calendar days.  
Contact:  Rene Cardinaux, Public Works, 665-3460

17.         West Street No Parking Zones
From:  City Manager
Recommendation:  Adopt a Resolution amending Section 23 of Resolution No. 56,506-N.S., No Stopping Zones, of the Traffic Resolution by adding West Street, east side, between Hearst Avenue and Delaware Street and West Street, west side, 145 feet north of Hearst Avenue.
Contact:  Rene Cardinaux, Public Works, 665-3460

18.       Park Use Restrictions  
From:  City Manager
Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 6.32 to add a section explicitly stating the City Manager's authority to regulate activities in parks to preserve the public safety and health, to preserve public property, and to distribute park resources among competing uses.  
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

19.        Prevention of Disturbances Relating to Events in Parks (CR 99-043)  
From:  City Manager
Recommendation:  Adopt first reading of two Ordinances:  1) amending Berkeley Municipal Code (BMC) Sections 23B.64.010, 23B.64.020, 23B.64.030 and 23B.64.040 (Zoning Ordinance) relating to abatement of public nuisances and clarifying Section 23B.60.040; and 2) enacting a new Berkeley Municipal Code Chapter 6.46 to regulate events in parks, adopting conforming amendments to Berkeley Municipal (BMC) Sections 13.44.010 and 13.36.070 and enacting a new Section 6.36.020 authorizing the City Manager to promulgate regulations for the reservation and rental of exclusive use facilities in parks.  
Contact:  Manuela Albuquerque, City Attorney, 644-6380
a.            Waterfront Commission Report
Recommendation:  Adopt the Parks Events Ordinance provided that implementation of the Ordinance is preceded by an aggressive public information campaign.  
Contact:  Cliff Marchetti, Secretary, 644-6970 ext. 224
b.            Parks and Recreation Commission Report  
Recommendation:  Adopt the Parks Events Ordinance presented by staff which incorporates several amendments recommended by the Parks and Recreation Commission at its meeting of April 24, 2000.  The Commission also recommends that the Council amend the proposed Ordinance to prohibit the sale of alcohol at any event in a City park.  
Contact:  Jay Kelekian, Secretary, 644-6970, ext. 230

20.         Utility Users Tax Ordinance
From:  City Manager
Recommendation:. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.70, Utility Users Tax, to clarify the scope of the City's existing taxes and the collection responsibilities of all providers.  
Contact:  Fran David, Finance, 665-7401

21.       Name Lower Harrison Field in Honor of Gabe Catalfo 
From:  Councilmembers Armstrong and Maio  
Recommendation:  Name Lower Harrison Field: Gabriel "Gabe" Catalfo Field.  
Contact:  Polly Armstrong, Councilmember District 8, 644-6401; Linda Maio, Councilmember District 1, 644-6359

22.            Automatic Public Toilets in Commercial Districts; Removal of Billboards (to be delivered)
From:  Councilmembers Breland, Maio, and Worthington
Recommendation:  Refer to the City Manager a proposal to install two Adshel automatic public toilets in commercial districts and the removal of billboards within the city limits in exchange for a billboard along I-80.  
Contacts:  Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398

23.            Proclamation:  50th Anniversary of the San Pablo Neighborhood Council (to be delivered) 
From:  Councilmember Breland 
Recommendation: Approve a Proclamation recognizing the 50th Anniversary of the formation of the San Pablo Neighborhood Council, to be presented at the Council meeting of September 19th, 2000.  
Contact:  Margaret Breland, Councilmember District 2, 644-6400

24.                American Civil Liberties Union and the CALCOA Decision  
From:  Councilmember Spring  
Recommendation:  Allow fifteen minutes at the July 25 meeting to hear a brief presentation and to ask questions of an attorney for the American Civil Liberties Union (ACLU) on the Calcoa decision and its application to the City's police review; and schedule it for a time certain so that Police Review Commissioners and other interested parties can attend or listen to the dialogue if they so choose; also request the City Manager inform the members of the PRC of the time of this presentation.  
Contact:  Dona Spring, Councilmember District 4, 644-6266

25.           Waive Council Rules at July 18 Meeting  
From:  Councilmember Spring  
Recommendation:  Waive the rules for the July 18 meeting and take action on Action Agenda items at this meeting if time permits as this is the next to the last meeting before the summer break.  
Contact:  Dona Spring, Councilmember District 4, 644-6266

26.           Tree Preservation Ordinance  
From:  Councilmember Spring 
Recommendation:  Schedule a public hearing on proposed oak and tree preservation ordinances at the September 19 public hearing meeting.  
Contact:  Dona Spring, Councilmember District 4, 644-6266

27.            Appointment of City Manager (to be delivered)  
From:  Mayor Dean and Vice Mayor Shirek. 
Recommendation:  Adopt a Resolution appointing a City Manager.  
Contact:  Shirley Dean, Mayor, 644-6484; Vice Mayor Maudelle Shirek, Councilmember District 3, 644-6243

28.           Caldecott Tunnel (Highway 24) Corridor Study  
From:  Transportation Commission  
Recommendation:  1) Reaffirm opposition to the proposal for a fourth bore of the Highway 24 (Caldecott) tunnel; and 2) if the Metropolitan Transportation Commission (MTC) and/or Caltrans proceed with development of a fourth bore, no funds which would have otherwise been available to Berkeley or Alameda County should be used to plan or construct the fourth bore, and a program of mitigations should be developed and implemented in conjunction with the City.  
Contact:  Nathan Landau, Secretary, 705-8136
a.             City Manager Report
Recommendation:  Concurs with the content and recommendation of the Commisison.  
Contact:  Wendy Cosin, Planning and Development, 705-8108

29.                November Ballot Measure - Community Facilities District (Disaster Fire Protection)  
From:  City Manager  
Recommendation:  1) Conduct a public hearing on a) the formation of Community Facilities District No. 1 (Disaster Fire Protection) and b) incurring bonded indebtedness in an amount not to exceed $9,750,000 within proposed Community Facilities District No. 1 (Disaster Fire Protection); and 2) provide the City Attorney comments as to the proposed ballot title and City Attorney's analysis of the measure authorizing the issuance of bonds, the approval of a special tax and the establishment of an appropriations limit, for the purpose of financing a portion of the cost of a mobile disaster fire protection system for the delivery of auxiliary fire fighting water, including transportable pumping units, ultra large diameter hose, transport and support vehicles, portable hydrants, accessory fittings, hose bridges, and a storage site or sites, together with related incidental expenses.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

                Public Hearings

30.            Telegraph Avenue Property and Business Improvement District  
From:  Property Owners' Council for the Telegraph Property and Business Improvement District  
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution confirming the Annual Report of the Property Owners' Council for the Telegraph Property and Business Improvement District for Fiscal Year 2001 and levying assessments in the District for Fiscal Year 2001.  
Contact:  Dave Fogarty, Secretary, 705-8184
a.             City Manager Report
Recommendation:  Concurs with the content and recommendations of the report.
Contact:  Bill Lambert, Economic Development, 705-8180

31.            Elmwood Theater Business Improvement Area
From:  Advisory Board for the Elmwood Theater Business Improvement Area
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2000 and levying assessments in the area for Fiscal Year 2001.
Contact:  Dave Fogarty, Secretary, 705-8184
a.             City Manager Report
Recommendation:  Concurs with the content and recommendations of the report.
Contact:  Bill Lambert, Economic Development, 705-8180

32.            Residential Permit Parking
From:  City Manager 
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution amending Sections 25C, 25E, 25M and 25N of Resolution No. 56,508-N.S., by adding subsections to extend residential permit parking on Addison Street between Sacramento Street and California Street, on Spaulding Avenue between Addison Street and Allston Way, on California Street between Cedar Street and Lincoln Street, on Emerson Street between Adeline Street and Tremont Street, on Tremont Street between Emerson Street and Essex Street, on Woolsey Street between Ellis Street and Harper Street, on Acton Street between Hearst Street and Delaware Street, on Hearst Street between Chestnut Street and Franklin Street, and on Keoncrest Drive between Rose Street and Acton Street.
Contact:  Rene Cardinaux, Public Works, 665-3460

33.       Fees:  Public Health Clinic 
From:  City Manager 
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution approving an increase in fees for family planning and sexually transmitted infection services, immunization services for children and adults, and tuberculosis skin testing services provided at the Public Health Clinic effective September 1, 2000; and rescind Resolution No. 56,462-N.S.
Contact:  Fred Medrano, Health and Human Services, 665-6879

34.           Appeal of Landmarks Preservation Commission Designation of the West Berkeley Shellmound as a Landmark, Three Blocks Bounded by University Avenue, Hearst Avenue, I-80 and 4^th Street; Adoption of a Zoning Ordinance Amendment to Require an Administrative Use Permit for Projects that Could Adversely Affect the Shellmound
a.             Appeals filed by Richard and Charlene deVecchi; and the 620 Hearst Group, LLC
b.         City Manager Report - July 18, 2000
Recommendation:  Conduct a public hearing and upon conclusion 1) adopt a Resolution granting the appeals and overturning the Landmarks Preservation Commission designation of the West Berkeley Shellmound as a City of Berkeley Landmark; 2) adopt an Urgency Ordinance amending Berkeley Municipal Code (BMC) Sections 23E.64.030A and 23E.68.030A and adding Section 23E.80.035 to protect the archeological and cultural resources in the West Berkeley Shellmound from possible damage by requiring an Administrative Use Permit and preparation of an Initial Study for projects that involve disturbance of soil in the area that the Landmarks Preservation Commission proposed for landmark designation (the three blocks bounded by University Avenue, Hearst Avenue, I-80 and Fourth Street); 3) direct that public works projects follow the thresholds for environmental review described in the interim plan and that the environmental process be subject to review by the City's Environmental Review Officer ; and 4) direct staff to prepare a long-term plan to accurately identify and effectively protect the resource. 
Contact:  Wendy Cosin, Planning and Development, 705-8108
c.             City Manager Report - May 23, 2000
Recommendation:  1) Set a public hearing to consider appeals on the designation of the Shellmound as a City of Berkeley landmark; 2) grant the appeals and overturn the decision of the Landmarks Preservation Commission to designate the Shellmound as a City landmark; and direct staff to develop a zoning regulation or other appropriate mechanism to protect the Shellmound as a significant archaeological resource.
Contact:  Wendy Cosin, Planning and Development, 705-8108  
d.                Communications
1.  Wilson F. Wendt, Attorney for 620 Hearst LLC, Miller, Starr & Regalia
2.  Kenneth W. Pritikin, Attorney for Richard and Charlene DeVecchi
3.  Sharon Entwistle
4.  Sandra Sher
5.  Wilson F. Wendt, Attorney for 620 Hearst LLC, Miller, Starr & Regalia
6.  Randall D. Devecchi
7.  Nancy and Leonard Becker

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 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. (Code Civ. Proc. '1094.6(b))  2) In any lawsuit that may be filed against a City Council decision, 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.

Information Reports

35.        Alternative Methods to Eliminate the Use of Chalk (CR 39-2000)
 From:  City Manager 
Contact:  D. E. Butler, Police, 644-6568

36.       South Shattuck Redevelopment Feasibility Study
From:  City Manager 
Contact:  Wendy Cosin, Planning and Development, 705-8108

37.       Truck Prohibition on Marin Avenue (CR 99-101)
From:  City Manager 
Contact:  Rene Cardinaux, Public Works, 665-3460

38.        Undergrounding Utilities (to be delivered)
From:  Council Subcommittee on Undergrounding and Undergrounding Utilities Task Force
Recommendation:  Receive status report related to California Public Utilities Commission’s Rule 20A and 20B Funds.
Contact:  Shirley Dean, Mayor, 644-6484

39.            Memorial Stadium Lighting Emergency Working Group (to be delivered)
From:  Mayor Dean, Councilmembers Armstrong and Worthington 
Recommendation:  Progress report from the working group.
Contact:  Shirley Dean, Mayor, 644-6484

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  

1.             RE Old Fire Station #7
 a. William & Virginia Baker
 b. Baifang Liu
 c. Orville Schell.
 d. Louise Larson
 e. Ladonna Stoppel

2.             George T. Frampton Jr., Executive Office of the President, Washington D.C., re Makah whale hunt.

3.             The Telson Family, California Street, re debris and trash pick-up.

4.                Assemblywoman Carole Migden, 13^th District, State Capital, re AB 2412.

5.             P. Kennedy, re 2700 San Pablo (3^rd revised design).

6.             RE Residential Permit Parking
a. Nancy Lake
b. Karen Hronek
c. David Arnold

7.             Howie Muir, re 2700 San Pablo Avenue.

8.             Patrick Romani (Blakes on Telegraph), re Quota System on Telegraph Ave.

9.             Bob and Barbara Allen, re Staffing Shortage in the Planning Department.

10.           Ove M. Whittstock, re Berkeley Guides.

11            Patricia A. Cates and Henry E. Brady, re Bethel El.

12.           Anne Marselis Whyte, re College Avenue Speed Limit Enforcement.

13.           John Vance, A First amendment Center, regarding community information. (additional pages on file for review in the City Clerk’s Office).

 Adjournment  

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