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AGENDA
BERKELEY CITY
COUNCIL REGULAR MEETING
TUESDAY, JULY 25,
2000
Preliminary Matters
Roll Call:
7:05 p.m.
Ceremonial
Matters:
a.
Honoring the South Berkeley Community Committee for a Full-Service
Supermarket
b.
Honoring City Staff for Receipt of the California Association for
Local Economic Development (CALED) "Development Partnership"
Award of Excellence for securing the Berkeley Bowl
c.
Honoring Jody Bush for Sixteen Years of Service to the Berkeley
Library
Comments From
The City Manager: The City Manager may make announcements or provide information to the
City Council in the form of an oral report.
The Council will not take action on such items, but may request the
City Manager place a report on a future agenda for discussion.
Comments From
The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.
Council
Action: The City Council may
take action related to any subject listed on the Agenda.
Consent Calendar
The Council
will consider removal and addition of items to the Consent Calendar prior
to voting on the Consent Calendar. All
items remaining on the Consent Calendar will be approved in one motion.
Items removed from the Consent Calendar will be taken up after the
“Action Calendar” unless the Council reorders the agenda.
1.
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 Council meetings of:
a). July 11, 2000 (closed); and b) July 11, 2000 (regular).
Sherry M. Kelly, City
Clerk, 644-6480
3.
Park Use Restrictions (first reading vote:
absent - Woolley)
From: City
Manager
Recommendation:
Adopt
second 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 space and
facilities among competing uses.
Contact: Lisa Caronna,
Parks and Waterfront, 644-6943 x222
4.
Prevention of Disturbances Relating to Events in Parks (CR
99-043) (first reading votes:
absent - Woolley)
From: City Manager
Recommendation: Adopt
second 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
5.
Utility Users Tax Ordinance (first reading vote:
absent - Woolley)
From: City Manager
Recommendation:. Adopt
second 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
6.
Contract: Toxics
Management Division Codes, Policies and Procedures
From: City Manager
Recommendation: Adopt a
Resolution accepting the bid of Boykin Consulting Services (BCS) and
authorizing the City Manager to execute a contract and any amendments in
an amount not to exceed $27,434, for a period of 360 calendar days to
review and revise Toxics Management Division codes, policies and
procedures and to write alternative policies and codes where desirable or
necessary.
Contact: Wendy Cosin,
Planning and Development, 705-8108
7.
Contract: Toxics
Management Division
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager, while Council is in recess, to
approve plans and specifications for the Toxics Management Office
Renovation Project, select a construction contractor through a competitive
bid process, and execute a contract in an amount not to exceed $60,000 for
certain construction work required to provide adequate workspace.
Contact: Wendy Cosin,
Planning and Development, 705-8108
8.
Ninth Street Bike Boulevard
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to accept and appropriate $398,250
in funds from the Surface Transportation Program/Congestion Mitigation and
Air Quality Improvement Program (STP/CMAQ) and $51,750 in matching funds
from the Alameda County Congestion Management Agency's reserve for CMAQ
projects to complete the bicycle path project; and authorizing the City
Manager or his designee to enter into agreements as necessary to complete
the project.
Contact: Wendy Cosin,
Planning and Development, 705-8108
9.
Grant Application: Bicycle
Boulevard Project
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to submit a grant application for
$180,000 to the Bay Area Air Quality Management District (BAAQMD) to
partially fund the first-phase bicycle boulevard implementation of signage
and pavement legends; authorizing the City Manager to execute any
resultant agreements and amendments; and authorizing the implementation of
the project, subject to securing the grant.
Contact: Wendy Cosin,
Planning and Development, 705-8108
10.
Final Map: Tract
7120, Condo Conversion
From: City Manager
Recommendation: Adopt a
Resolution approving Final Map of Tract 7120, conversion of a
newly-constructed mixed-use building, containing five residential units
and one commercial unit at 3115 Shattuck Avenue to six condominium units.
Contact: Wendy Cosin,
Planning and Development, 705-8108
11.
Contract: Alta
Bates Medical Center Environmental Impact Report (EIR)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to amend the contract with EIP
Associates, Planning Consultants, to expand the scope of services and
increase the amount by $127,000 for a total amount not to exceed $552,000,
the entirety to be funded by Alta Bates.
Contact: Wendy Cosin,
Planning and Development, 705-8108
12.
Contract: Sanitary
Sewer Project
From: City Manager
Recommendation: Adopt a
Resolution approving plans and specifications for the Sanitary Sewer
Project located at 5th Street, 7th Street, 8th
Street, 9th Street and 10th Street; accepting the
bid of K. J. Woods Construction, Inc.; and authorizing the City Manager to
execute a contract and any amendments in an amount not to exceed $784,800,
for a period of 260 calendar days.
Contact: Rene Cardinaux,
Public Works, 665-3460
13.
Spiral Sidewalk Repair Project
From: City Manager
Recommendation: Adopt a
Resolution approving the plans and specifications for the FY2001 Spiral
Sidewalk Repair Project; accepting the bid of Berkeley Cement; and
authorizing the City Manager to execute a contract and any amendments, in
an amount not to exceed $287,000, for the period August 1, 2000 to June
30, 2001.
Contact: Rene Cardinaux,
Public Works, 665-3460
14.
Emergency Sidewalk Repair Project
From: City Manager
Recommendation: Adopt a
Resolution approving the plans and specifications for the FY2001 Emergency
Sidewalk Repair Project; accepting the bid of Berkeley Cement; and
authorizing the City Manager to execute a contract and any amendments, in
an amount not to exceed $292,596, for the period August 1, 2000 to
December 30, 2000.
Contact: Rene Cardinaux,
Public Works, 665-3460
15.
Contract: Move
Coordination Services
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to amend the contract with Raney
Unlimited in an amount not to exceed $27,045 to assist the City with the
relocation of the Police and Fire Departments to the new Public Safety
Building, for a new contract total not to exceed $50,000 for the term
ending December 31, 2000.
Contact: Rene Cardinaux,
Public Works, 665-3460
16.
Truck Limit in Residential Areas (CR 2000-66)
From: City Manager
Recommendation: Direct
the City Manager investigate the number of heavy trucks (3 to 5 tons)
still using residential streets six months after implementation of the
Citywide Truck Route System. This
investigation should occur in early 2001 since the Truck Route System
should be implemented by July 31, 2001.
Contact: Rene Cardinaux,
Public Works, 665-3460
17.
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
18.
PBX Telephone System Purchase
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute an amendment to the
Agreement with Exp@nets of California, Inc.
in an amount not to exceed $920,475 that includes a $50,000 contingency
allowance for a revised total contract amount not to exceed $1,877,038 for
the purchase and installation of a PBX telephone system (Phase II) at the
outlying building sites of the Corporation Yard and Solid Waste Transfer
Station, the Parks and Waterfront Office at the Marina, the Housing
Authority and Police Substation in south Berkeley, all fire stations, the
animal shelter, all remaining Health and Human Services clinics and
offices, Public Works Engineering, all senior and recreation centers, and
library branches.
Contact: Rene Cardinaux,
Public Works, 665-3460
19.
Framework Convention for Tobacco Control
From: City Manager
Recommendation: Adopt a
Resolution endorsing and supporting the development of a Framework
Convention for Tobacco Control (FCTC) by the World Health Organization
(WHO) and requesting the inclusion of the following provisions to
strengthen and improve the FCTC: 1) give countries the right to adopt
stronger tobacco control measures; 2) member states are not allowed to
exclude certain parts of the FCTC when signing; 3) high-income countries
are required to provide financial assistance to low and middle-income
countries to implement the FCTC; 4) the United States delegation should
include diverse and representative members of the community; 5) comments
by delegates during the process be made public; and 6) the United States
sign on to the FCTC in a timely manner.
Contact: Fred Medrano, Health
and Human Services, 665-6879
20.
Grant: Domestic
Violence Prevention
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to accept a grant in the amount of
$450,000 from the State of California, Department of Health Services,
Maternal Child Health Branch, Domestic Violence Section, to continue the
development and implementation of a comprehensive plan for Community
Interventions for Domestic Violence Prevention, for the period July 1,
2000 through June 30, 2003, and to execute the resultant agreement and any
amendments.
Contact: Fred Medrano, Health
and Human Services, 665-6879
21.
Ellis Implementation Ordinance Administration Transfer
From: City Manager
Recommendation: Adopt a
Resolution transferring responsibility for administering eviction and
relocation aspects of the Ellis Implementation Ordinance from the Housing
Department to the Rent Stabilization Program.
Contact: Stephen Barton,
Housing, 665-3481
22.
Housing Code Amendment - Gas Heating Appliances
From: City Manager
Recommendation: Adopt
first reading of an Ordinance amending Berkeley Municipal Code (BMC)
Section 19.40.040, Berkeley Housing Code, to add subsection 701.4 -
Hazardous Conditions, to ensure the proper functioning of gas heating
appliances in residential units.
Contact: Stephen Barton,
Housing, 665-3481
23.
Harrison Street Recreational Facility
From: City Manager
Recommendation: Adopt a Resolution approving the final plans for construction of
recreational facilities to be built on a portion of the 6.4 acre site
located at 5th and Harrison Streets.
Contact:
Lisa Caronna, Parks and Waterfront, 644-6943 x222
24.
Contract: West
Berkeley Neighborhood Development Corporation
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to amend the existing contract
with the West Berkeley Neighborhood Development Corporation to extend its
term until July 31, 2001.
Contact: Bill Lambert,
Economic Development, 705-8180
25.
Contract: Smart
Meter Debit Cards
From: City Manager
Recommendation: Adopt a
Resolution authoring the City Manager to execute a contract for the
purchase and implementation of the Duncan Meter rechargeable Smart Meter
Debit Cards which includes purchase of
the necessary software program, handheld units and training to
implement the Smart Meter Debit Cards and the Meter Maintenance and
Auditing Program, in an amount not to exceed $42,941.
Contact: Phil Kamlarz, Deputy
City Manager, 644-6580
26.
Contract: Berkeley
Community Media - Project Impact
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute a contract and any
amendments with Berkeley Community Media (BCM) for television programming
work for Project Impact, for a total contract amount not to exceed
$11,598.50, for the period August 1, 2000 to December 31, 2001.
Contact: Arrietta Chakos,
City Manager's Office, 644-6580
27.
Berkeley Alliance
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to serve as the City
representative on the Berkeley Alliance Executive Committee and appoint
three representatives as members to the Board of Directors.
Contact: James Keene, City
Manager, 644-6580
28.
Grant: Transfer Tax
- BAHIA
From: Councilmember Maio
Recommendation: Grant to
the Bay Area Hispano Institute for Advancement, Inc. (BAHIA) childcare
facility up to $3,000 to pay for the Berkeley Transfer Tax on property
located at 1000 Camelia Street.
Contact: Linda Maio,
Councilmember District 1, 644-6359
29.
Audit of the CALDAP Program
From: Mayor Dean
Recommendation: Request
the City Manager direct our State Lobbyist, Lynn Suter & Associates,
and City staff to work with the City of Oakland's State Lobbyist and
Senator Perata's staff to develop the request by Senator Perata for a
State Legislative Audit of the California Natural Disaster Assistance
Program, CALDAP.
Contact: Shirley Dean, Mayor,
644-6484
30.
Screening for Breast Cancer and Prostate Cancer
From: Mayor Dean
Recommendation: 1)
Establish a policy that allows female employees over 40 years, two to four
hours of paid time off per year to obtain a mammogram, and for male
employees between 40 and 45 if they have a history of prostate cancer or
who are African American, or 50 years for other groups, equal hours paid
time off, not to be counted against other leave, per year to obtain,
voluntarily, a PSA blood test and rectal exam to screen for prostate
cancer, or other tests at other ages for both males and females if they
are recommended by the employee's physician; 2) direct the City's Health
Department to obtain and distribute to all City employees the latest and
best guidelines for such screenings, and other pertinent educational
materials; 3) suggest to the Berkeley School District, UC Berkeley, and
local businesses that they initiate a similar policy; 4) declare September
as National Prostate Cancer Awareness Month in Berkeley and October as
Breast Cancer Awareness Month, and engage in appropriate ceremonial
activities for each of these occasions; and 5) request the City Manager
report on current community outreach activities by the Berkeley Health
Department on breast and prostate cancer, with recommendations for
intensifying community outreach.
Contact: Shirley Dean, Mayor,
644-6484
31.
Immediate Enforcement of City Regulations on Liquor Stores
From: Mayor Dean and Vice
Mayor Shirek
Recommendation: Request
the City Manager begin immediate enforcement of existing City regulations
at Black and White Liquors at Emerson and Adeline and Grove Liquors at
Ashby and Martin Luther King. Jr. Way and report back to the Council on
what steps the City has taken while the Council is in recess and
recommendations for further steps needed.
Contact: Shirley Dean, Mayor,
644-6484; Maudelle Shirek, Councilmember District 3, 644-6243
32.
Automobile Accidents Involving Use of Cellular Phones
From: Mayor Dean
Recommendation: Again
request our Sacramento legislators introduce legislation requiring the
California Highway Patrol to include in their accident reports information
about cellular phone use and requiring the Department of Motor Vehicles'
annual summary of motor vehicle accidents to include the same information.
Request that the City Manager inform our Lobbyist of the Council's
action.
Contact: Shirley Dean, Mayor,
644-6484
33.
Berkeley Public Library Foundation Loan
From: Mayor Dean and
Councilmember Maio
Recommendation: Approve a
short term loan (6-12 months) of $650,000 to the Berkeley Public Library
Foundation to provide bridge funding until the funding commitments the
Foundation has receive actually appear as cash in hand.
Contact: Shirley Dean, Mayor,
644-6484; Linda Maio, Councilmember District 1, 644-6359
34.
Introduction of ASUC Officers 2000-2001
From: Councilmember
Worthington
Recommendation: Reserve
ten minutes on September 12 during the ceremonial items to introduce the
ASUC officers of 2000-2001.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
35.
Co-Sponsor Berkeley Grassroots Greening Tour
From: Councilmembers
Worthington and Maio
Recommendation: 1)
Co-sponsor the Berkeley Grassroots Greening Tour scheduled for
Saturday, October 7, 2000 as part of the 6th Annual Bay Area
Open Garden Day and help to promote the tour; 2)
authorize an electric shuttle tour of the relevant City parks and
gardens for City Councilmembers, Parks and Recreation Commission members
and City staff that are interested; and 3) approve the proclamation to
honor Saturday, October 7, 2000 as Open Garden Day in Berkeley.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1,
644-6359
36.
Waive Fee: Berkeley
Stonewall 31 Celebration
From: Councilmember
Worthington
Recommendation: Waive the
fee to secure the use of the Veterans Memorial Building for the Stonewall
31 Celebration, September 4, 2000.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
37.
Commercial Logging Throughout Sierra Nevada Range
From: Councilmember
Worthington
Recommendation: Support
Sierra Club's position of Alternative 5 and add a requirement that the
Forest Service eliminate all commercial logging throughout the Sierra
Nevada Range; send a letter in support of Alternative 5 to the USDA Forest
Service.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
38.
Community Action Commissioner Appointment Retention; Policy for
Religious Holidays
From: Councilmember
Worthington
Recommendation: Allow
Human Welfare and Community Action Commissioner Estelle Katz to retain her
appointment to the Commission without interruption because of the unusual
circumstances which caused her to be removed.
Request the City Attorney make a recommendation for a policy
addressing holidays of all religions for commissions and City meetings.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
39.
Improved Working Relationships (to be delivered)
From: Councilmember
Maio
Recommendation: Improve working relationships with staff and Council.
Contact: Linda Maio,
Councilmember District 1, 644-6359
40.
Lawrence Berkeley National Laboratory Activities
From: Councilmember Spring
Recommendation: Request
the Lawrence Berkeley National Laboratory (LBNL) provide information on
activities at its other laboratories in the City: 1) Melvin Calvin Lab on the UC Campus; 2) Donner Lab; 3) the
Life Sciences Facility at 934 Dymo Building at 91 Bolivar Drive at Aquatic
Park; information to include clarification of what activities are there,
what kind of radioactive, hazardous and mixed waste or substances located
or used at those facilities; and c) the Safety Analysis Document for each
facility.
Contact: Dona Spring,
Councilmember District 4, 644-6266
41.
Short Term and Long Term Planning for People's Park
From: Councilmembers Spring
and Worthington
Recommendation: Establish
a negotiating team of Councilmembers Worthington and Spring and the City
Manager to negotiate issues concerning the short and long term future
planning for People's Park.
Contact: Dona Spring,
Councilmember District 4, 644-6266; Kriss Worthington, Councilmember
District 7, 644-6398
42.
Support AB2479 - Live Animal Markets
From: Councilmember Spring
Recommendation: Adopt a
Resolution endorsing AB2479 (Kuehl) to establish regulations to control
unnecessary cruelty in the operation of live animal markets and request
the City Manager send letters in support of the bill to Assemblymember
Sheila Kuehl, members of the Senate Appropriations Committee, and our
State elected officials.
43.
Excused Absence for Commissioner
From: Councilmember Olds
Recommendation: Direct
staff to amend the BMC, Chapter 3.02, 3.02.020, to allow for excused
absence from a Commission meeting for religious purposes.
Contact: Betty Olds,
Councilmember District 6, 644-6399
44.
Rename Certain San Pablo Park Facilities
From: Councilmember Breland
Recommendation: Approve
the request of the San Pablo Neighborhood Council to rename the tot lot in
honor of Mrs. Corene Butler Bayless and the Auditorium/Meeting Room in the
Frances Albrier Community Center in honor of Mrs. Esther M. Bell in
recognition of their longstanding service and dedication to the San Pablo
Neighborhood Council community.
Contact: Margaret Breland,
Councilmember District 2, 644-6400
45.
Councilmembers to Talk and Listen to Constituents About
Appealable Matters (to be delivered)
From: Councilmember Breland
Recommendation: Request
the City Attorney explore ways to amend or eliminate Rule I, Section F,
part a. of the recently adopted Council Rules of Procedures and Order
which prohibits Councilmembers from discussing or listening to the
discussion of the facts of any matter where a public hearing would
normally be required.
Contact: Margaret Breland,
Councilmember District 2, 644-6400
46.
Traffic on Dwight Way (to be delivered)
From: Councilmember
Breland
Recommendation: Refer to
the Transportation Commission and Traffic Engineer a request from the
Dwight Way Neighbors to work with the neighbors to explore ways to reduce
the volume of traffic on Dwight Way.
Contact: Margaret Breland,
Councilmember District 2, 644-6400
47.
Community Agency Contract Administration and Monitoring
From: City Auditor
Recommendation: Request
the City Manager report back to Council by early January 2001 regarding
progress made in implementing the auditors' recommendation in the June
2000 report. An advance copy
of this report should be submitted to the Auditor according to the City
Clerk's agenda review guidelines.
Contact: Ann-Marie Hogan,
City Auditor, 644-6440
48.
Civic Arts Commission Grant Funding
From: Civic Arts Commission
Recommendation: Adopt a
Resolution approving the Civic Arts Commission funding recommendations and
authorizing 59 grants to various organizations to support arts and
cultural activities during FY2001 in the amount of $145,500.
Contact: Mary Ann Merker-Benton,
Secretary, 705-8183
a.
City Manager Report
Recommendation: Concurs
with the content and recommendations of the Commission.
Contact: Bill Lambert,
Economic Development, 705-8180
49.
Letter for Assisting Berkeley Senior
From: Commission on Aging
Recommendation: Send a
letter to Safeway thanking them for their compassionate behavior
concerning a Berkeley senior.
Contact: Lisa Ploss,
Secretary, 644-6050
a.
City Manager Report
Recommendation: Concurs
with content and recommendation of the Commission.
Contact: Fred Medrano, Health
and Human Services, 665-6879
50.
Extend Task Force on Telecommunications
From: Task Force on
Telecommunications
Recommendation: Adopt a Resolution authorizing an extension of the Task Force
on Telecommunications time period from October 12, 2000 to June 30, 2001.
Contact: Philip Kamlarz,
Secretary, 644-6580
a.
City Manager Report
Recommendation: Concurs
with the content and recommendation of the Commission.
Contact: James Keene, City
Manager, 644-6580
Action Calendar
Appeals:
51.
Appeal of Landmarks Preservation Commission Designation of the
Swink House, Cottage and Garden, at 1525-1529 Shattuck Avenue as a
Berkeley Structure of Merit
a.
Appeal filed by Adolph and Patricia Meyer
b.
City Manager Report
Recommendation: Set the
matter for a Public Hearing to consider reversing the decision of the
Landmarks Preservation Commission.
Contact: Wendy Cosin,
Planning and Development, 705-8108
c.
Communications
1.
Harvey Sherback, petition with 722 signatures; Swink House
historical reference; letters of support from business community; Berkeley
Engineering and Research Inc. structural report; C.N.A. Newsletter No.
263, page 3; Elaine Parrish letter, July 17 article from Daily Planet.
2.
Art Goldberg
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:
52.
Ballot Measure: Rent
Eviction Controls (removed from the Consent Calendar by
Councilmember Maio and held over from July 18)
From: City
Manager
Recommendation: Adopt a
Resolution placing a measure on the November 7, 2000 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
53.
November Ballot Measure - Community Facilities District
(Disaster Fire Protection) (public hearing held on July 18)
From: City Manager
Recommendation: Adopt
three Resolutions: 1)
establishing the Community Facilities District No. 1 (Disaster Fire
Protection), authorizing the levy of a special tax within the District,
preliminarily establishing an appropriations limit for the District, and
calling an election for the purpose of submitting the levy of the special
tax and the establishment of the appropriations limit to the qualified
electors of the District; 2) determining the necessity to incur a bonded
indebtedness within proposed Community Facilities District No. 1 (Disaster
Fire Protection) and calling an election for the purpose of submitting the
proposition to the qualified electors of the District; and 3) placing a
measure on the November 7, 2000 ballot 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 incidental expenses.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
54.
Decision Regarding Residential Permit Parking
) (public hearing held on July 18)
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
Old
Business:
Reports and communications related to the following
“Old Business” items were distributed to Council in previous packets
as listed below and are not reduplicated for this agenda.
Please refer to appropriate agenda packet for background material.
55.
Minutes for Approval (removed from the Consent Calendar
by Mayor Dean and held over from July 18)
From: City
Manager
Recommendation: Approve
the minutes for the meetings of June 13, 2000 (regular) and June 20
(regular).
Contact: Sherry Kelly, City
Clerk, 644-6480
56.
Contract: Martin
Luther King, Jr. Civic Center Building (removed from the Consent
Calendar by Councilmember Spring and held over from June 27, July 11)
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
57.
City Manager’s Budget Policy Recommendations from Report of
May 9, 2000 (held over from June 27, July 11)
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
58.
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, July 11)
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
59.
Commission Term Limits and Leave of Absences (held over from
April 4, April 11, May 9, May 23 and June 13, June 27, July 11)
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
60.
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,
July 11)
From: City Manager - Information Report
Contact: Rene Cardinaux,
Public Works, 665-3439
61.
Regulation of Indoor Entertainment Events (held over from
May 23, June 13, June 27, July 11)
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
62.
Landmarks Preservation Ordinance and Zoning Ordinance (Removed
from Consent Calendar by Vice Mayor Shirek.
Held over May 16, May 23, June 13, June 27 July 11)
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
63.
Landmarks Preservation Ordinance and Zoning Ordinance (held
over from June 27, July 11)
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
64.
Undergrounding Utilities (removed from Information
Reports by Councimember Worthington and held over from July 18)
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
65.
Name Lower Harrison Field in Honor of Gabe Catalfo (removed
from the Consent Calendar by Councilmember Armstrong and held over from
July 18)
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
66.
Automatic Public Toilets in Commercial Districts; Removal of
Billboards (removed from the Consent Calendar by
Councilmember Woolley and held over from July 18)
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
67.
Proclamation: 50th
Anniversary of the San Pablo Neighborhood Council (to be delivered)
(removed from the Consent Calendar by Councilmember Breland and held over
from July 18)
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
68.
Annual Berkeley Transit Pass (held over from April 4, April
11, May 9, May 23, June 13, June 27, July 11)
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
69.
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, July 11)
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
70.
Budget Referral: Good
Driver Recognition Program (removed from the Consent Calendar by
Mayor Dean and held over from June 13, June 27, July 11)
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
71.
Robotic Parking at Center Street Garage (Removed from the
Consent Calendar by Councilmember Worthington and held over from May 23,
June 13, June 27, July 11)
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
72.
Pardon: Sarah Jane
Olson (AKA Kathleen Ann Soliah) (Removed from the Consent Calendar
by Councilmember Armstrong and held over from July 11)
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
New
Business:
73.
South Shattuck Redevelopment Feasibility Study
From: City Manager
Recommendation: Direct
staff to complete an expanded feasibility study for the establishment of
two discontiguous redevelopment areas consisting of South Shattuck and
South San Pablo Areas, and return at a future date with an action plan
showing steps and costs for the formal amendment process and recommended
redevelopment study area boundaries.
Contact: Wendy Cosin,
Planning and Development, 705-8108
74.
Hills Fire Station
From: Councilmember Olds
Recommendation: Set aside
time at the meeting of July 25 to hear a presentation from City staff
regarding sites for the Hills Fire Station; request the City Manager to:
1) identify why staff is recommending that a new fire station be
constructed, including why retrofitting of the existing fire station at
Shasta and Queens is not adequate by itself; 2) prepare a map showing
specifically all sites that have been investigated, and a list of
agencies, organization and other jurisdictions that have been contacted;
3) present the results of any analysis that has been made of factors such
as response time or other factors that have been looked at; 4) present the
factors that will determine the size of a new fire station; 5) recommend a
preferred site, if staff is ready to do so at this time; 6) explain the
process, actions and funding necessary to complete the project including
the use of Measure G funds; 7) outline a proposed time frame for each step
of the process; and 8) recommend to the Council what the next steps should
be, including any action which staff feels should be taken at this time.
Contact: Betty Olds,
Councilmember District 6, 644-6399
75.
Moratorium: Telecommunications
Infrastructure Work
From: Task Force on
Telecommunications
Recommendation: Adopt a Resolution directing the City Manager to draft an
Ordinance declaring a moratorium on Telecommunications infrastructure work
and bring it to Council as soon as possible.
In addition, during the interim period, to direct the City Manager
to cease issuing permits for these activities.
Such actions should be undertaken in close consultation with
special expert counsel to determine any legal constraints on the City with
respect to the proposed ordinance and any permit denials.
a.
City Manager Report
Recommendation: Concurs
with the content and recommendations of the Commission.
Contact: Chris Mead,
Information Systems, 665-7661
76.
Prince Hall Arms Senior Housing Project
From: Housing Advisory
Commission
Recommendation: Reconsider
June 27th decision to defer action on the Housing Advisory
Commission's recommendation that the 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 reserved by
Council, inclusive of the approximately $600,000 already expended.
Contact: Oscar A. Sung,
Secretary, 665-3469
a.
City Manager Report
Recommendation: Defer a
decision on the HAC recommendation until September 12, 2000.
While staff will initiate the next Housing Trust Fund (HTF) funding
round in late July, a decision by Council on the disposition of the funds
in question by September 12 is still early enough in the HTF allocation
process to a) allow those funds to be reallocated for projects being
considered in the upcoming funding round; and b) enable staff to explore
development options with the Masons prior to Council taking action.
Contact: Stephen Barton,
Housing, 665-3481
77.
Referrals of Misconduct Issues to the PRC
From: Police Review
Commission (PRC)
Recommendation: 1) Refer
reports of incidents that indicate alleged police misconduct to the PRC
for possible investigation; 2) direct commissions that receive reports of
incidents that indicate possible police misconduct to refer them to the
PRC; and 3) direct the City Manager to direct all City departments that
receive reports of incidents that indicate possible police misconduct to
refer them to the PRC.
Contact: Barbara Attard,
Police Review Commission Officer, 644-6716
a.
City Manager Report (to be delivered)
Contact: James Keene,
City Manager, 644-6580
78.
Independent Legal Counsel for the Police Review Commission
From: Police Review
Commission (PRC)
Recommendation: Appropriate
funding to obtain independent legal counsel for the PRC to assess options
for the City to respond to the Caloca decision and to advise the PRC
whenever necessary on issues in which there may be a perceived conflict
between the PRC, the City Manager and the City Attorney and the PRC
requires legal advice or representation.
Contact: Barbara Attard,
Police Review Commission Officer, 644-6716
a.
City Manager Report (to be delivered)
Contact: James Keene,
City Manager, 644-6580
Information Reports
79.
2 X 2 Committee Meeting Notes - February 17, March 16 and May
18, 2000
From: City Manager
Contact: Arrietta Chakos,
City Manager's Office, 644-6580
80.
Animal Care and Control Task Force Recommendations - Final
Report, Financial Implications and Timeline for Animal Shelter (CR
36-2000)
From: City Manager
Contact: D. E. Butler,
Police, 644-6568
81.
Revision and Implementation of Community Noise Ordinance
From: City Manager
Contact: Fred Medrano,
Health and Human Services, 665-6879
82.
Status Report on Implementation of Auditor's Departmental Budget
Monitoring Audit (CR 99-148)
From: City Manager
Contact: James Keene,
City Manager, 644-6580
83.
Ballot Measure List and Local Fiscal Impact (to be
delivered)
From: City
Manager
Contact: Phil Kamlarz,
Deputy City Manager, 644-6580
84.
Hills Fire Station
From: Councilmember
Worthington
Contact: Kriss
Worthington, Councilmember District 7, 644-6398
85.
Status Report on Underground Utilities (to be delivered)
From: Task Force on
Undergrounding Utilities
Contact: Shirley Dean,
Mayor, 644-6484
86.
Memorial Stadium Lights Working Group Status Report (to
be delivered)
From: Mayor Dean
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.
Peter Wilson, re South Berkeley Street Repair.
2.
Barbara Boxer, United States Senator, re the Downed Animal
Protection Act.
3.
Barbara Boxer, United States Senator, re Dangerous Chemicals.
4.
RE Traffic Speeding Issues on College Avenue
a.
Anne Marselis
b.
Stan Muller, Lieutenant, Traffic Bureau
5.
Re Ala Costa Center
a.
Duane Flanigan, petition with 15
signatures.
b.
Pat Brock
6.
Re Beth El Synagogue
a.
Susan and Mike Austin
b.
Mary Ellen Doniger
c.
Gibor Basri & Jessica Broitman
d.
Edward Vine & Ellen Singer
e.
John G. Rosenberg, M.D., M.P.H.
f.
Arlene and Jonathon Noble
7.
Nguyen Xuan Phong, Consul General, re acknowledging Council observing the 25th Anniversary of
reunification.
8.
Vivian Kahn, Planning and Development, re Truck Route Violation.
9.
Committee to Minimize Toxic Waste, Gene Bernardi, re
LBNL.
10.
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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