AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
OCTOBER 10, 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.
Recognition of Dragon Boat Team.
Proclamation - Breast Cancer Awareness Month
Proclamation - Indigenous Peoples Day
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.
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 Council meetings of:
a) September 12, 2000 (special closed); b) September 12, 2000
(regular); c) September 19, 2000 (regular); d) September 26, 2000
(special closed) and e) September 26, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
3.
East Bay Municipal Utility District Permit to Connect to
Sanitary Sewer (first reading vote:
unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance adding Section
17.16.020 to the Berkeley Municipal Code (BMC) to include a reference
to the existing authority under East Bay Municipal Utility District (EBMUD)
Ordinance 311 which requires businesses and industries to obtain a
permit from EBMUD prior to connecting to the sanitary sewer for all
such entities located in the City of Berkeley.
Contact: Rene
Cardinaux, Public Works, 665-3460
4.
Updated Conflict of Interest Code
From: City Manager
Recommendation:
Adopt a Resolution adopting a revised Conflict of Interest
Code for the City and rescinding Resolution No. 60,306-N.S. (1999
Conflict of Interest Code.)
Contact: Sherry Kelly, City Clerk, 644-6480
5.
Contract: Furniture
Move into the New Public Safety Building
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
a purchase order with Cor-O-Van to provide moving services for the
Public Safety Building, in an amount not to exceed $59,230.
Contact: Rene Cardinaux, Public Works, 665-3460
6.
Communications Tower Study
From: City Manager
Recommendation:
Adopt a Resolution approving the procedures which include
1) citizen involvement in the establishment of the consultant's scope
of work, the requests for qualification (RFQ) criteria, the selection
of the consultant, and the review of the consultant's final report; 2)
authorizing the City Manager to proceed with the preparation of the
RFQ; and 3) directing the City Manager report back to Council with the
RFQ document prior to issuance.
Contact: Rene Cardinaux, Public Works, 665-3460
7.
Cable Television Rates and Charges
From: City Manager
Recommendation:
Adopt a Resolution taking no action on the cable television
rates that AT&T Cable Services can charge for the Basic Service
Tier and equipment and installation, effective June 1, 2000.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
8. Contracts: HIV
Prevention and Education
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
contracts and any amendments with the Berkeley Public Education
Foundation, the California Prevention and Education Project, Catholic
Charities, the Pacific Center for Human Growth and the Women's Daytime
Drop-in Center, in amounts not to exceed $24,900, $23,500, $12,000,
$23,500 and $24,930, respectively, for HIV prevention and education
services for the period July 1, 2000 to June 30, 2001.
Contact: Fred Medrano, Health and Human Services, 665-6879
9.
Grant: Breastfeeding
Program Expansion
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to accept a grant in the amount of
$500,000 from the California Endowment, CommunitiesFirst program, to
expand the City of Berkeley Breastfeeding Peer Counselor program for
the period October 1, 2000 through September 30, 2003, and to execute
the resultant agreement and any amendments.
Contact: Fred Medrano, Health and Human Services, 665-6879
10. Contract: Food
Services for Tuolumne Family Camp
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
an amendment to the contract with SYSCO Food Services, Inc., for the
provision of food services to the Tuolumne Family Camp, to increase
the amount by $40,000 for a total not to exceed $215,00.
Contact: Fred Medrano, Health and Human Services, 665-6879
11.
Grants and Contract: Sustainable
Building
From: City Manager
Recommendation:
Adopt two Resolutions: 1) authorizing the City Manager to
submit grant applications to the California Integrated Waste
Management Board for all available grants under the California
Integrated Waste Management Act and to execute any resultant
agreements, amendments, contracts and requests for payment; and 2)
authorizing the City Manager, upon receipt of sufficient grant funds,
to negotiate a scope of services and execute a sole source contract
and any amendments with the Green Resource Center, in the amount of
$57,025, to provide personalized green building technical assistance
for the architectural and building communities within San Francisco,
Oakland and Berkeley.
Contact: Bill Lambert, Economic Development, 705-8180
12. Agreement: Hazardous
Materials Emergency Planning Grant
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept
and appropriate grant funds in the amount of $22,995 from the
Governor's Office of Emergency Services (OES) to reimburse costs to be
incurred by the Toxics Management Division (TMD) of the Planning and
Development Department, and other participating departments, for the
Comprehensive Emergency Planning and Training Project.
Contact: Wendy Cosin, Planning and Development, 705-8108
13.
East Bay Million Family Celebration Day
From: Councilmember
Breland
Recommendation:
Approved a Proclamation for the East Bay Family Celebration
scheduled for October 16, 2000.
Contact: MargaretBreland, Councilmember District 2, 644-6400; Kriss worthington, Councilmember District 7, 644-6398
14. October "Stop Cancer Where It Starts" Month
From: Councilmembers
Breland and Worthington
Recommendation:
Adopt a Resolution establishing October as "Stop
Cancer Where It Starts" month.
Contact: Margaret Breland, Councilmember District 2, 644-6400; Kriss
Worthington, Councilmember District 7, 644-6398
15. Accessibility Issues in 2180 Milvia Retrofit
From: Councilmember
Spring
Recommendation:
Request the City Manager work with a committee of people
versed in accessibility issues on the interior of the 2180 Milvia
retrofit.
Contact: Dona Spring, Councilmember District 4, 644-6266
16. Business License Tax on Small Property Owners
From: Councilmember
Spring
Recommendation:
Request the City Manager waive penalties and interest on
owner-occupied rental properties of four units and smaller that were
not sent business license fee notices by the City in 1998 and 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266
17. Peace
and Justice Commission Review of Contracts with University of
California
From: Councilmember
Spring
Recommendation:
Adopt a Resolution 1)
providing that all proposals to contract with entities engaged in work
for nuclear weapons, including any contracts between the University of
California Berkeley and the City which involve the provision of
revenue to the University, and the exchange of services without
monetary compensation, except for the nine contracts specifically
enumerated in Resolution No. 59,763-N.S., be subject to review by the
Peace and Justice Commission, prior to being noticed on any Council
agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing
the Peace and Justice Commission (a) to provide a rationale to the
Council in keeping with the purposes of the Nuclear Free Act for
repeated annual review of waivers of the Nuclear Free Berkeley Act for
contracts with the University of California; and (b) that
Council-approved reviews of waivers occur at least eight weeks prior
to the time the contract is submitted to the Council, or at the
earliest time when the City Manager becomes aware that actions being
proposed will require a waiver of the Nuclear Free Berkeley Act.
Contact: Dona Spring, Councilmember District 4, 644-6266
18. Number Dispensers at the Berkeley Post Offices
From: Councilmember
Armstrong
Recommendation:
Formally petition the Postal Service to return the number
dispensers to the Berkeley post offices so that customers are not
forced to stand in long lines while waiting for service.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
19.
Move Public Comment to Beginning of Agenda
From: Councilmember
Worthington
Recommendation:
Modify the Rules and Procedures for City Council to move
the thirty minutes of public comment before ceremonial items and
comments from City Manager to the beginning of the Council agenda.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
20.
National Coming Out Day October 11, 2000
From: Councilmember
Worthington
Recommendation:
Support a Proclamation for National Coming Out Day on
October 11, 2000 in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
21. Proclamation Honoring Congressman Ronald V.
Dellums
From: Mayor Dean
Recommendation:
Approve a Proclamation honoring Congressman Ronald V.
Dellums, to be presented by the Mayor at the October 25 dedication of
the Ronald V. Dellums Federal Building in Oakland.
Contact: Shirley Dean, Mayor, 644-6484
22. Proclamation - Domestic Violence Awareness Month
From: Mayor Dean
Recommendation:
Approve presentation of a proclamation on Domestic Violence
Awareness Month at the October 17 Council meeting which is a public
hearing meeting.
Contact: Shirley Dean, Mayor, 644-6484
23.
Animal Care and Control
From: Mayor Dean
Recommendation:
1) Approve a communication from the City of Berkeley to the
Commission on State Mandates supporting a ruling in their procedure
CSM 98-TC-11 that the Hayden legislation, which attempt to end the
euthanasia of adoptable and treatable animals, constitutes a state
mandated reimbursable program and service; 2) approve attendance at
the proposed October 26, 2000 public hearing on this subject to
present the approved City position by one or more representatives from
the Council who serve on the Animal Care and Control Task Force (Dean,
Olds, Spring); and 3) request the City Manager provide the City
financial data necessary to support the City's communication to CSM,
and also follow up on these hearings and position the City so as to
obtain all possible reimbursement.
Contact: Shirley Dean, Mayor, 644-6484
24.
Vindictive, Discriminatory, Sexist and Racist Prosecutions
From: Councilmember
Woolley
Recommendation:
Adopt a Resolution: a) requesting the U.S. Attorney General
and all officers of the U.S. courts discontinue: 1) all forms of
racial, sexist, political and religious profiling in US law
enforcement; 2) all forms of "secret evidence" prosecutions,
in which accused are deported or held indefinitely, without charge, on
the basis of evidence withheld from the defendants, their attorneys
and the public; 3) all uses of conspiracy charges in political cases;
b) request the Los Angeles District Attorney drop all charges against
Sara Jane Olson and request the Governor of the State of California
grant her a pardon; and c) urge our national elected representatives
and the Congress of the United States to pass the pending legislation,
H.R. 2121 and S. 3139 that would end the use of secret evidence in
deportation proceedings.
Contact:
Diane Woolley, Councilmember District 5, 644-6294
25. Sanitary Sewer Program
From: Councilmember
Woolley
Recommendation:
Review and evaluate the City's current Sanitary Sewer
Program and solicit recommendations and possible courses of action
from the Public Works and Budget Commissions in order to be conversant
with the state of Berkeley's sewer system for future budgeting,
planning and priority setting: 1) Request the Public Works Commission
review the current Sanitary Sewer Program and its Master Plan and
report back to Council with: a) presentation on the City's Sanitary
Sewer Program, including that portion of the program mandated by the
Federal Environmental Protection Agency under a cease and desist
order, b) recommendations on how to update the Sewer Master Plan, and
c) possible financial strategies for the Plan's implementation; and 2)
Request the Citizens Budget Review Commission to: a) investigate and
report back on the use of Sewer Funds loaned to the General Fund, and
b) recommend the amount of General Fund to be repaid to the Sewer
Fund.
Contact:
Diane Woolley, Councilmember District 5, 644-6294
Action Calendar
Appeals:
26. Appeal
of Landmarks Preservation Commission Designation of 1960 San Antonio
Road, 1984 San Antonio Road and 639 The Arlington, John Hopkins Spring
Estate or the Cora Williams Institute, as a Landmark.
a.
Appeal filed by Larry Leon, 1960
San Antonio Avenue.
b.
City Manager Report (to
be delivered)
Recommendation: Adopt
a Resolution affirming the decision of the Landmarks Preservation
Commission and dismissing the appeal.
Contact: Wendy
Cosin, Planning and Development,705-8108
c.
Communications
1. Larry Leon.
Contact: Sherry M.
Kelly, City Clerk, 644-6480
NOTICE
CONCERNING YOUR LEGAL RIGHTS: If
you object to a decision by the City Council to approve or deny 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)) an application 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 an application, 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.
Old
Business:
Reports
and communications related to public hearings that were distributed to
Council when the issue was first heard are not included.
However, new material has been noted with an *.
27. Assistance to East Bay Depot for Creative Reuse (held
over by Councilmember Maio from September 26)
From: Councilmember
Maio
Recommendation:
Direct the City Manager to provide assistance to the East
Bay Depot for Creative Reuse, on an emergency basis, in the form of a
rent guarantee, and develop the appropriate agreement between the City
and the Depot to ensure the City is at no risk.
Contact: Linda Maio, Councilmember District 1, 644-6359
28.
Support Measure E – Peralta Community College District
Bond Measure (removed from the Consent Calendar by
Councilmember Shirek and held over from September 19 and September 26)
From: Councilmembers
Worthington and Spring
Recommendation:
Support Measure E which is on the November ballot
contingent upon Peralta Community College District enforceable written
commitment to the City of Berkeley to insure completion of a permanent
Vista Community College campus.
Contacts: Kriss Worthington, Councilmember District 7, 644-6398; Dona
Spring, Councilmember District 4, 644-6266
29.
Pardon: Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed
from the Consent Calendar by Councilmember Armstrong and held over
from July 11, July 25, September 12.)
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
a. 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
Information Reports
30.
Energy Services for Small Commercial Businesses
From: City Manager
Contact: Stephen
Barton, Housing, 665-3481
31. Disaster Resistant Community Project Update
From: City Manager
Contact: Weldon
Rucker, Acting City Manager, 644-6580
32.
Status Report: Downtown
Restrooms and Strawberry Creek Projects
(CR
2000-179)
From: City Manager
Contact: Rene
Cardinaux, Public Works, 665-3460
33. Request from Skates-on-the-Bay for Waiver from Provisions of
the Living Wage Ordinance
From: City Manager
Contact: Fran
David, Finance, 665-7401
34. Measure W - Parks Tax Information (CR 2000-178)
From: City Manager
Contact: Phil
Kamlarz, Deputy City Manager, 644-6580
35.
Early Voting – October 10h Through November 3rd
From: City Manager
Contact: Sherry
M. 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.
COMMUNICATIONS
1)
Re: Relocation of Congregation Beth El at 1301 Oxford St.,
Berkeley.
a)
Mary Ann Brewin
b)
Forward by Diane A. Tokugawa: Ann L.
Riley, Executive Director, Waterways Restoration Institute; Carol
Thornton, Chair, Board of Directors, Lisa Biani, Outreach Coordinator,
Urban Creeks Council of California; Bill Kier, Fisheries Ecologist,
Kier Associates; Patrick Rutten, Northern California Supervisor,
Protected Resources Division, U.S. Department of Commerce, national
Oceanic and Atmospheric Administration, Nation Marine Fisheries
Service; Robert W. Floerke, Regional Manager, Central Coast Region,
Department of Fish and Game; Karl Linn; the Live Oak Codornices Creek
neighborhood Association, (c/o Juliet Lamont)
c)
Sarah Stadler
d)
Charlotte Fishman
2)
Leslie A. Levy, re:
abandonment of portion of Woodmont Avenue
3)
Lark Tittle, General Manager, Skates, re: Proposed amendment to
living wage ordinance
4)
Anne Marsalis re: care of the
grounds at Saint John’s Presbyterian Church, 2727 College Ave.,
Berkeley
5)
Anne Marsalis re: Recycling on
College Avenue
6)
Anne Marsalis re: “Don’s Auto
Clinic”, College Avenue @ Parker Street
7)
Panoramic Interests, re: Housing for
the disabled
8)
Berkeley Business Advocate article, published by Berkeley
Chamber of Commerce, re: ‘Parisian style’ solution to housing
crisis
9)
HuangK, re: Measure Y
10)
Georgia Becker, re:
Undergrounding
11)
James Lissner, re: Cost of copies
of police reports
12)
D. Sequoia, re: Proposed update of
Berkeley Conflict of Interest; inclusion of Citizens Humane Commission
13)
Patrick Kennedy, re: ‘Parisian style’ solution to housing
crisis
14)
Marcine Shaw, League of California Cities, President African
American Caucus, re: Membership outreach
15)
Petition signed by 18 members of Hotel Employees &
Restaurant Employees Union Local 2850, AFL-CIO, re: Living Wage to the
Marina Zone
16)
Moises M. Carrasco, Regional Director, Seattle Regional Census
Center, re: Census addresses
17) John Vance
(additional pages available for review in the City Clerk’s
office).
Adjournments
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