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SUMMARY BERKELEY CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 20, 2000 Preliminary Matters Roll Call: 7:20 p.m. Councilmember Breland absent.Comments From The City Manager: The City will be hosting the American Public Works Association Accreditation Committee from June 24 through June 28, 2000 in regard to the Public Works accreditation process.Recognized Interim Public Works Director Rene Cardinaux for receiving the California Council Corporate Architectural Award from the AIA.Comments From The Public: Thirteen speakers.Consent Calendar Action: Moved, second, carried (Worthington/Shirek; Absent - Breland) to adopt the Consent Calendar in one motion except as indicated.1. Minutes for ApprovalFrom: City Manager Recommendation: Approve the minutes for the meetings of: a) May 9, 2000 (regular); b) May 9, 2000 (closed); c) May 16, 2000 (regular); d) May 23, 2000 (regular); e) May 23, 2000 (closed). Contact: Sherry M. Kelly, City Clerk, 644-6480 Action: Approved minutes with the exception of May 16, 2000 (regular) and May 23, 2000 (regular) which were held over to June 27, 2000 by Mayor Dean. 2. Easement on City-Owned Land (first reading vote: unanimous)From: City Manager Recommendation: Adopt second reading of Ordinance authorizing the City Manager to convey an easement on City-owned land adjacent to 1197 Euclid Street to Court L.L.C. and Thomas J Regan/Susan M. Adine and Clifford Orloff. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Adopted second reading of Ordinance No. 6547-N.S. Effective July 20, 2000. 3. Settlement of Claim - Rothermel v. City of BerkeleyFrom: City Manager Recommendation: Adopt a Resolution authorizing the settlement of Public Liability Claim Number 98-327, Bernard P. Rothermel by his attorney of Record, Richard Goodman, in the amount of $48,000. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted Resolution No. 60,618-N.S. 4. Settlement of Claim - Lindsey v. City of BerkeleyFrom: City Manager Recommendation: Adopt a Resolution authorizing the settlement of Public Liability Claim Number 99-211B, Andre Lindsey by his attorney of record, Gia Austin-Carroll, in the amount of $13,000. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted Resolution No. 60,619-N.S. 5. Living Wage Ordinance (to be delivered)From: City Manager Recommendation: Adopt first reading of an Ordinance amending Municipal Code (BMC) to add Chapter 13.27 establishing a requirement that specific City contractors pay employees a living wage, including procedures for administration and enforcement, and authorizing the City Manager to promulgate regulations. Contact: Fran David, Finance, 665-7401 Actions: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Olds/Worthington; Absent - Breland) to suspend the rules to permit discussion at this meeting. Moved, seconded, carried (Worthington/Spring; Absent - Breland) to adopt first reading of the Ordinance and requested the City Attorney to make every effort to bring back that portion of the ordinance pertaining to the Waterfront Zone before the Council recess. Second reading of Living Wage Ordinance scheduled for June 27, 2000. 6. Contract: Litter and Graffiti Abatement ServicesFrom: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self Sufficiency (BOSS) to provide litter removal, graffiti abatement and related services in specified areas, from July 1, 2000 through June 30, 2001, in an amount not to exceed $515,552. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,620-N.S. 7. Contract: Organics Hauling and ProcessingFrom: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Grover Landscape Services Incorporated for organics hauling and processing services in an amount not to exceed $600,000 for the period August 1, 2000 to July 31, 2002 with two four year renewals at the City's option. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,621-N.S. 8. Grant: CNG-Powered VehiclesFrom: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant proposal to the Bay Area Air Quality Management District (BAAQMD) for $468,000 to partially offset the incremental cost of acquiring twelve CNG (compressed natural gas) vehicles, and to accept the grant if awarded. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,622-N.S. 9. Speed Limit Along Claremont AvenueFrom: City Manager Recommendation: Adopt a Resolution changing the speed limit along Claremont Avenue from 25 to 30 MPH between Ashby Avenue and Alcatraz Avenue/Oakland City Limit. Contact: Rene Cardinaux, Public Works, 665-3460 Actions: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Armstrong/Maio; Absent - Breland) to suspend the rules to permit discussion at this meeting. Moved, seconded, carried (Armstrong/Maio; Noes - Worthington; Abstain - Olds; Absent - Breland) to adopt Resolution No. 60,623-N.S. raising the speed limit to 30 mph, and if and when the State adopts legislation that will allow the City to enforce a 25 mph speed limit, then the speed limit will revert back to 25 mph; and direct the City Manager send a letter to each address on Claremont Avenue and the newspaper describing the reasons for this action. 10. Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR 99-116)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 Action: Removed from the Consent Calendar by Councilmember Worthington and held over to June 27. 11. Contract: Sanitary Sewer ProjectFrom: City Manager Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Colusa Avenue, Santa Rosa Avenue, Oxford Street, Shattuck Avenue, Indian Rock Avenue and Santa Barbara Road; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $605,534, for a period of 210 calendar days. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,624-N.S. 12. Non-Exclusive Rubbish Collection FranchisesFrom: City Manager Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 9.60.240 and 12.32.010 to clarify non-exclusive rubbish collection franchises. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted first reading of Ordinance. Second reading June 27, 2000. 13. Final Map of Tract Map 7166From: City Manager Recommendation: Adopt a Resolution approving the Final Map of Tract Map 7166, a 69-unit condominium project at 2136 Center Street Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Adopted Resolution No. 60,625-N.S. 14. Final Map of Tract Map 7025From: City Manager Recommendation: Adopt a Resolution approving Final Map of Tract 7025, conversion of an existing five-unit Tenancy in Common Project to five condominium units at 2134 and 2136 Grant Street. Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Adopted Resolution No. 60,626-N.S. 15. Contract: Paging ServicesFrom: City Manager Recommendation: Adopt a Resolution awarding a contract and purchase order to Metrocall for a twelve month period, with the option to renew for up to an additional three years, in an amount not to exceed $50,000 per fiscal year. Contact: Fran David, Finance, 665-7401 Action: Adopted Resolution No. 60,627-N.S. 16. Contract: Fireworks Display ServicesFrom: City Manager Recommendation: Adopt a Resolution awarding a contract and purchase order to BOOM BOOM Productions for a twelve month period, with the option to renew for up to an additional two years, in an amount not to exceed $15,000 per fiscal year. Contact: Fran David, Finance, 665-7401 Action: Adopted Resolution No. 60,628-N.S. 17. Contract: Cellular ServicesFrom: City Manager Recommendation: Adopt a Resolution awarding a contract and purchase order to Cellular One for a twelve month period, with the option to renew for up to an additional three years, in an amount not to exceed $200,000 per fiscal year. Contact: Fran David, Finance, 665-7401 Action: Adopted Resolution No. 60,629-N.S. 18. Contract: Martin Luther King Jr./Civic Center Park ProjectFrom: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract and any amendments with Freedman, Tung and Bottomley to increase the Phase I scope of services by $40,000 to an amount of $111,688 and increase the Phase II scope of services by $11,688 to an amount of $100,000, for a total contract amount not to exceed $211,688, to complete design services for the Martin Luther King Jr./Civic Center Park Project. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Adopted Resolution No. 60,630-N.S. 19. Loan: Dock and Restroom Replacement at the MarinaFrom: City Manager Recommendation: Adopt a Resolution authorizing the Department of Parks and Waterfront to submit a loan application to the California Department of Boating and Waterways for a loan not to exceed $7,000,000 for the phased replacement of docks A through E and H and I, and for the replacement of the restrooms that serve berthers on docks D and E, H and I, L and M, and N and O, at the Berkeley Marina. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Adopted Resolution No. 60,631-N.S. 20. Coast Live Oak Trees (to be delivered)Recommendation: Adopt first reading of an Ordinance revising Ordinance No. 6321-N.S. to allow for the removal of Coast Live Oak Trees that are a likely danger to property where the only reasonable mitigation is removal. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted first reading of Ordinance. Second reading June 27, 2000 21. Contract: Aurora Theater CompanyFrom: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Aurora Theater Company adding $150,000 to the current contract for the purpose of tenant improvements in the new Downtown Arts District facility at 2073 Addison Street. Contact: Bill Lambert, Economic Development, 705-8180 Action: Adopted Resolution No. 60,632-N.S. Councilmember Maio requested a report on all outstanding funding requests and commitments made to the various art groups. 22. Cost of Living Adjustments Contact: Ron Brown, Personnel, 665-7614 Action: Adopted Resolution No. 60,633-N.S. 23. Budget Referral: Dental Services to Berkeley Elementary Schools From: Vice Mayor Shirek and Councilmember Breland Recommendation: Refer to the budget process the funding of $65,000 for the Alameda County Public Health Department to provide dental services to Berkeley elementary schools. Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Margaret Breland, Councilmember District 2, 644-6400. Action: Approved recommendation. 24. Budget Referral: Health DisparitiesFrom: Vice Mayor Shirek and Councilmember Breland Recommendation: Refer to the budget process the funding of $200,000 for the Health Department to be used as matching funds to fund a health disparities program Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Margaret Breland, Councilmember District 2, 644-6400 Action: Approved recommendation. 25. Support AB2142 - Gender Stereotyping (to be delivered)From: Mayor Dean Recommendation: 1) Support AB2142 which provides, for the purposes of the anti-discriminations provisions of Fair Employment and Housing Act, that the term "sex" includes a person's gender; gender is further defined to mean the perception of a discrimination victim's identity, appearance, or behavior regardless of whether this is different from that traditionally associated with the victim's sex at birth; this bill clarifies that gender stereotyping is a prohibited form of sex discrimination; and 2) notify the bill's sponsors and the City's Sacramento lobbyist of the City's position. Contact: Shirley Dean, Mayor, 644-6484 Action: Removed from Consent Calendar by Mayor Dean and held over to June 27, 2000. 26. Support for Certain Provisions of SB1194 and AB995 - Green Energy Usage (to be delivered)From: Mayor Dean Recommendation: 1) Reject the amendment proposed by Senator Pearce and instead support the retention in SB1194 (Sher) and AB995 (Wright) of all provisions relating to the continuing reimbursement of customers, including public entities (including municipalities) for their purchase and utilization of renewable energy produced by certified energy providers; and 2) notify the bill's sponsors and the City's Sacramento lobbyist of the City's position. Contact: Shirley Dean, Mayor, 644-6484 Action: Removed from Consent Calendar by Mayor Dean and held over to June 27, 2000. 27. Commuter Check Transit Voucher ProgramFrom: Councilmember Spring Recommendation: Request the City Manager explore the Commuter Check Transit Voucher Program and report back to the Council about how it can be implemented for City of Berkeley employees. Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Approved recommendation. 28. Spay Neuter OrdinanceFrom: Citizens Humane Commission through Councilmember Spring Recommendation: Endorse the proposed spay-neuter ordinance contingent upon the adoption of a low cost spay-neuter funding program and recommended language. Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Removed from the Consent Calendar by Councilmember Spring to be considered with the public hearing. 29. Mifepristone (RU-486)From: Councilmember Worthington Recommendation: Send letters to the Food and Drug Administration (FDA) and President Clinton asking them to not make it difficult to obtain Mifepristone (RU-486), which is used for non-surgical early abortion. Contact: Kriss Worthington, Councilmember District 7, 644-6398 Action: Approved recommendation. 30. Budget Referral: West Berkeley Association of Industrial CompaniesFrom: Councilmembers Breland and Maio Recommendation: Refer $4,000 to the budget process for the West Berkeley Association of Industrial Companies. Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400 Action: Approved recommendation. 31. City Manager Position (to be delivered)From: Councilmember Maio Recommendation: Schedule a discussion for the meeting of June 27 regarding 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 Action: Removed from Consent Calendar by Councilmember Maio and held over to June 27, 2000. 32. Audit of Public Works' Construction ContractsFrom: City Auditor Recommendation: Request the City Manager return to Council with a status report on the implementation of the audit recommendations by January 2001. Contact: Ann-Marie Hogan, City Auditor, 644-6440 Action: Approved recommendation. 33. Mental Health Commission - AppointmentFrom: Mental Health Commission Recommendation: Adopt a Resolution appointing Artensia Barry to the Mental Health Commission, Special Public Interest Category, for a three-year term, June 20, 2000 to June 19, 2003. Contact: Harvey Tureck, Secretary, 644-8562, ext. 213 City Manager Report Recommendation: Concur with the content and recommendations of the report. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted Resolution No. 60,634-N.S. 34. Mental Health Commission - Leave of Absence From: Mental Health Commission Recommendation: Adopt a Resolution granting a three-month non-renewable leave of absence to Jan Marinissen, Chairperson of the Mental Health Commission, effective June 20, 2000. Contact: Harvey Tureck, Secretary, 644-8562, ext. 213 City Manager Report Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted Resolution No. 60,635-N.S. 35. Elmwood Theater Business Improvement Area Assessment FY2000-2001From: Advisory Board for Elmwood Theater BID Recommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2000; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2001; and 3) setting a public hearing on the levy of assessments for July 18, 2000. City Manager Report Contact: Bill Lambert, Economic Development, 705-8180 Action: Adopted Resolution No. 60,636-N.S. 36. Telegraph Property and Business Improvement District Annual Assessment From: Property Owners' CouncilRecommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Telegraph Property and Business Improvement District for FY2001; 2) declaring an intention to levy special assessments in the District for FY2001; and 3) setting a public hearing on the levy of assessments for July 18, 2000. Contact: Dave Fogarty, Secretary, 705-8184 City Manager Report Recommendation: Concurs with the content and recommendations of the report. Contact: Bill Lambert, Economic Development, 705-8180 Action: Adopted Resolution No. 60,637-N.S. Discussion 37. Ballot Measure - Eviction for Good CauseFrom: City Manager Recommendation: 1) Consider placement of Ordinance on the November 2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9 in order to restrict the circumstances under which a landlord may evict a tenant to occupy the unit for his/her own use or the use of his/her family members; and 2) provide the City Attorney with any comments regarding the wording of the text, title and City Attorney analysis of such ordinance. Contact: Manuela Albuquerque, City Attorney, 644-6380 From: Commission on Disability Recommendation: Delay action until the June 27 meeting on amending owner occupancy provisions of eviction for good cause sections of rent ordinance. Contact: Virginia Vafa, Secretary, 665-3440 From: Commission on Aging - Information Report Contact: Lisa Ploss, Secretary, 644-6050 From: Housing Advisory Commission (HAC) Recommendation: Approve the Rent Board version of the ballot measure to strengthen eviction controls in Berkeley with the following changes: a) occupancy requirements for landlord move-in be changed from 36 months to 24 months; b) the underlined words be added to the section which states: "The landlord may not recover possession under this subsection (13.76.130A) if a comparable unit, owned by the landlord in the City of Berkeley, was, at the time of the landlord's decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City of Berkeley, becomes vacant….."; c) change the age of protected seniors from 60 to 65 years; and d) change the criteria to extend eviction protection to any tenant who has resided at the property for five years or more where the landlord has a 50% (rather than a 10% or greater ownership interest in any form whatsoever, in ten (instead of 5) or more rental units in the City of Berkeley. Action: Held over to June 27, 2000. Public Hearings 38. Animal License Fees ; Spay and Neuter OrdinanceFrom: City Manager Recommendation: 1. Adopt the first reading of proposed ordinance amending Berkeley Municipal Code Chapter 10.04 (Dog Licenses and Regulations) to modify licensing requirements for dogs, create licensing requirements for unaltered cats, establish spaying and neutering requirements for both dogs and cats, and add regulations for dogs and cats; 2) allocate $57,000 in the budget to implement the proposed ordinance during the first year, and $20,000 per year in each annual budget thereafter. That the funds come from the approximately $1,000,000 of General Funds remaining for allocation by Council for FY2001; 3) if the proposed ordinance is adopted, conduct a public hearing and upon conclusion (a) adopt a Resolution authorizing increased fees for Unaltered Dog Licenses, and new fees for Unaltered Cat Licenses, animal microchip identification, and spay/neuter deposits, to be made effective on the effective date of the proposed ordinance, and (b) rescind Resolution No. 56,464-N.S.; and 4) if the proposed ordinance is not adopted, conduct a public hearing and upon conclusion adopt only the part of the Resolution that authorizes new fees for animal microchip identification and spay/neuter deposits, to be made effective immediately. Contact: Fran David, Finance, 665-7401 Public Testimony: The Mayor opened the public hearing. Thirty speakers heard. Moved, seconded, carried (Worthington/Olds; Absent - Breland) to close the public hearing. Decision scheduled for June 27, 2000. 39. Housing Code Enforcement and Inspection FeesFrom: City Manager Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution rescinding Chapter A, Sections XI, XII, and XIV or Resolution No. 60,601-N.S. which sets the fees for housing code enforcement inspections, and establishing a revised fee schedule for housing code enforcement inspections. Contact: Stephen Barton, Housing, 665-3481 Public Testimony: The Mayor opened the public hearing. No speakers. Moved, seconded, carried (Armstrong/Shirek; Absent - Breland, Woolley, Worthington) to close the public hearing. Decision scheduled for June 27, 2000. 40. Street Lighting AssessmentsFrom: City Manager Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution confirming diagrams and assessments and levying assessments for Fiscal Year 2001 in the Berkeley Street Lighting Assessment District No. 1982-1 and the Berkeley Street Light Upgrading Assessment District No. 1999-1. Contact: Rene Cardinaux, Public Works, 665-3460 Public Testimony: The Mayor opened the public hearing. No speakers. Moved, seconded, carried (Armstrong/Maio; Absent - Breland, Woolley, Worthington) to close the public hearing. Decision scheduled for June 27. 2000. 41. Kragen Auto Parts, Revocation of
Use Permit (to be
delivered) Contact: Wendy Cosin, Planning and Development, 705-8108 Public Testimony: The Mayor opened the public hearing. Nine speakers heard. Moved, seconded, carried (Maio/Armstrong; Absent - Breland) to close the public hearing. Decision scheduled for June 27, 2000. 42. Non-Exclusive Rubbish Hauling Franchises (to be delivered)From: City Manager Recommendation: Conduct seven public hearings as follows: a. Bay View Refuse Service Inc. b. Berkeley Sanitary Service c. Biagini Waste Reduction Systems, Inc. d. Handy Can of Berkeley e. U.S. Eagle, Inc. f. Waste Management, Inc. g. Waste Resource Technologies and upon conclusion: 1) adopt first readings of seven ordinances granting Non-Exclusive Rubbish Collection and Transportation franchises; and 2) direct the City Manager to execute a franchise agreement with each company. Contact: Rene Cardinaux, Public Works, 665-3460 Public Testimony: The Mayor opened the public hearing. One persons heard. Moved, seconded, carried (Armstrong/Maio; Absent - Breland, Woolley) to close the public hearing. Decision scheduled for June 27, 2000. 43. FY2000-FY2001 Mid-Biennial
Budget Action: Moved, seconded, carried (Spring/Maio; Absent - Breland) to adopt Resolution No. 60,638-N.S. to allocate $12,500 to the Rosa Parks Project. Information Reports 44. Implementation Status of Audit
Recommendations - Safety Members Pension Fund 45. City Manager SearchFrom: Councilmember Maio Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Received and filed. 46. Analysis of Social Security PaymentsFrom: Commission on Aging Contact: Lisa Ploss, Secretary, 644-6050 Action: Received and filed. 47. Grant Application: Mental Health Services (CR 00-45)From: City Manager Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Received and filed. 48. Landmarks Preservation Commission Notice of Decision: 1525-29 Shattuck Avenuw(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 Action: Received and filed. Communications Action: The following communications were read, noted and filed unless referred to the City Manager for a response:Page No. 1. Kennedy, Patrick, re housing crisis. 5. RE Strawberry Creek Lodge Johnson, Mary Levine, Zelda, Hipilloto, Robin Moskowitz, Su 6. Lee, Barbara, Congress, House of Representatives, Washington DC, re Use of organophosphate pesticides. | 7. Motyka, Scott, re Cell phone use while bicycling. 8. John Vance, A First amendment Center, regarding community information. (additional pages on file for review in the City Clerk’s Office). Adjournment Action: Moved, seconded, carried (Maio/Armstrong; Absent - Breland, Woolley) to extend the meeting to complete certain items.Adjourned at 11:47 p.m. |
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