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SUMMARY BERKELEY CITY COUNCIL SPECIAL MEETING TUESDAY, SEPTEMBER 19, 2000 Preliminary Matters Roll
Call: 8:38 p.m. Ceremonial Matters: Proclamation:
50th Anniversary of the San Pablo Neighborhood Council
Action: Presented
Proclamation. Comments from the City Manager :
Comments
from the Public. Ten speakers. Consent Calendar Action:
Moved,
seconded, carried (Worthington/Shirek; Absent - Armstrong, Olds) to
approve the Consent Calendar in one motion except as indicated. 1.
Speed Limit Along Claremont Avenue (first reading vote: no - Worthington)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.24 by adding Section 14.24.220 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 Action: Adopted Ordinance No. 6581-N.S. (Noes - Worthington) Effective: October 19, 2000.
2.
Amendment to Commercial Energy Conservation Ordinance (first
reading vote: unanimous)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending Section 19.72.170 of the Berkeley Municipal Code (BMC) to establish a procedure to record a certificate of non-compliance with the County Recorder to improve compliance with the Commercial Energy Conservation Ordinance (CECO). Contact: Stephen Barton, Housing, 665-3481 Action: Adopted
Ordinance No. 6582-N.S. Effective:
October 19, 2000. 3.
Living Wage Ordinance, Marina Zone (CR #2000-120)(first
reading vote: unanimous)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.27.020, 13.27.030 and 13.27.050 to establish a requirement that specified employers within the Marina Zone pay employees a living wage. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted
Ordinance No. 6583-N.S. Effective:
October 19, 2000. 4.
Sublease Agreement: Berkeley
Main Library, 2150 Kittredge
From: City Manager Recommendation: Adopt first reading of an Ordinance authorizing an $85,000 increase in the sublease agreement with the Regents of the University of California for the use of office space at 2150 Kittredge Street for the Main Library's administrative staff through approximately June 30, 2001. Contact:
Adelia Lines, Library Services, 644-6095 x18
Action: Adopted first reading of Ordinance. Second reading September 26, 2000. 5.
Lease Agreement: Berkeley
Main Library, 731 Dwight Way
From: City Manager Recommendation:
Adopt
first reading of an Ordinance authorizing a $25,000 increase in the lease
agreement with Bedayn Associates of Lafayette, California, to temporarily
house Library maintenance staff and equipment at 731 Dwight Way, through
approximately June 30, 2001. Contact: Adelia
Lines, Library Services, 644-6095 x18
Action: Adopted first reading of Ordinance. Second reading September 26, 2000. 6. Contract:
Economic Revitalization and Community Development, Telegraph/
Southside
From: City Manager Recommendation:
Adopt
a Resolution authorizing the City Manager to execute a contract and any
amendments in the amount of $55,000 with the Telegraph Area Association to
support economic revitalization and community development in the
Telegraph/Southside neighborhood for Fiscal Year ending June 30, 2001. Contact: Bill
Lambert, Economic Development, 705-8180
Action: Adopted
Resolution No. 60,757-N.S. 7.
Contracts: Domestic
Violence Prevention
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Narika, the National Latina Health Organization, the Berkeley Unified School District and Harder+Company Communications Research in amounts not to exceed $27,500, $14,500, $32,500 and $13,700 respectively, for assistance in developing and implementing community interventions for domestic violence prevention, for the period July 1, 2000 to June 30, 2003; and authorizing advance payments in the amount of $5,000 for each agency. Contact: Fred
Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution
No. 60,758-N.S. 8.
Communication Tower Study
From: City Manager Recommendation: Adopt a Resolution approving procedures that include: 1) citizen involvement in the establishment of the Consultant's scope of work, the request for qualification (RFQ) criteria, the selection of the consultant, and the review of the consultant's final report; 2) authorizing the City Manger 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 of the RFQ. Contact: Rene Cardinaux, Public Works, 665-3460
Action: Withdrawn
by the City Manager. 9. Cooperative
Agreement: Ashby/Claremont
Signal
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Cooperative Agreement with Caltrans to fund the modification of the traffic signal at Ashby Avenue and Claremont Avenue. Contact: Rene Cardinaux, Public Works, 665-3460
Action: Adopted
Resolution No. 60,759-N.S. 10.
Extending the Term of the Waterfront Commission
From: City Manager Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.070 extending the date for termination of the Waterfront Commission until May 31, 2001, and ratifying the actions of the Commission since January 1, 2000. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Adopted first reading of Ordinance. Second reading September 26, 2000.
From: City Manager Recommendation: Adopt the proposed schedule for FY2002 & FY2003 Biennial Budget Process including the setting of one or more special work sessions to discuss Citywide workplan priorities and provide direction to staff in the development of the City Manager's FY2002 & FY2003 Proposed Budget. The first special work session is proposed for either Monday, November 13, or Thursday, November 16. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Action: Approved recommendation. City Clerk to determine date after Councilmembers notify availability and amended by Councilmember Maio to include the Budget Commission. 12.
Lease Agreement: Fire
Engines
From: City Manager Recommendation: Adopt a Resolution amending Resolution No. 60,672-N.S. authorizing the City Manager to execute a contract, purchase order, and any amendments with Golden State Fire Apparatus and related third parties for lease-purchase of seven fire engines. Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Adopted
Resolution No. 60,760-N.S. 13.
1999-2000 Alameda County Grand Jury Final Report
City Manager Report (to be delivered) Recommendation: Approve response by the City Manager. Contact: Manuela Albuquerque, City Attorney, 644-6380
a.
From: Mayor Dean Recommendation: Request the City Manager prepare the required response from the City to the 1999-2000 Alameda County Grand Jury Final Report, such response to be to Grand Jury Recommendation 00-35: "that all local elected or appointed governing bodies and political subdivisions of the County hold annual workshops to familiarize the governing body members and staff with the Brown Act." Contact: Shirley Dean, Mayor, 644-6484 Action: Approved recommendation. 14. Oppose
Claremont Expansion Proposals
From: Councilmember
Armstrong Recommendation: Oppose in principle proposals for the dramatic expansion of hotel rooms, traffic and parking lots on the Claremont Resort property. Contact: Polly Armstrong, Councilmember District 8, 644-6401 Action: Approved recommendation. 15.
Physical Fitness Center for Disabled and Seniors
From: Councilmember
Spring Recommendation: Request the City Manager develop an informational brochure on the planned Physical Fitness Center located at Berkeley High School. Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Removed from the Consent Calendar by Councilmember Olds and held over to September 26, 2000. 16. Proclamation
for September as Car-Free Month and Fee Waiver for Celebration of Car-Free
Month
From: Councilmembers Worthington and Spring Recommendation: Support a proclamation for September as Car-Free Month and adopt a Resolution waiving fees for two block parties for a celebration of Car-Free Month. Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266 Action: Approved recommendation. 17. Oppose
Measure C – Vision 2010
From: Councilmembers Worthington, Breland, Olds and Vice Mayor
Shirek
Recommendation: Oppose
Measure C, Alameda County’s Comprehensive Plan to Protect Agriculture,
Open Space and Natural Resources, which is on the November ballot. Maudelle Shirek, Councilmember District 3, 644-6243 Action: Approved recommendation. 18. Support
Measure E – Peralta Community College District Bond Measure
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 Action: Removed from the Consent Calendar by Councilmember Shirek and held over to September 26, 2000. 19.
Bio-Engineered Products
From: Councilmember Spring Recommendation: Adopt a Resolution urging the federal government to require labeling of genetically manipulated foods and further urges a moratorium on the production of such genetically manipulated foods; and request the City Manager send copies of the Resolution to our federal legislators. Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Adopted
Resolution No. 60,761-N.S.
From: Homeless
Commission Recommendation:
Adopt a Resolution
directing the City Manager to coordinate the Measure O funding process
with those of the Community Services Block Grant (CSBG), General Fund and
the Community Development Block Grant (CDBG) programs. Contact:
Jane Micallef, Secretary, 644-8616 Recommendation:
Concurs with the
content and recommendations of the Commission.
Health and Human Services and Housing staff have initiated planning
and coordination efforts for Fiscal Year 2002-2003 community agency
funding. Contact: Fred Medrano, Health and Human Services, 665-6879
Action: Adopted
Resolution No. 60,762-N.S. Public HearingsReports 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 *. 21.
Continued Public Hearing - Appeal of Landmarks Preservation
Commission Designation of the West Berkeley Shellmound as a Landmark,
Three Blocks Bounded by University Avenue, Hearst Avenue, I-80 and 4th
Street; Adoption of a Zoning Ordinance Amendment to Require an
Administrative Use Permit for Projects that Could Adversely Affect the
Shellmound (continued from July 18) a.
Appeals filed by Richard and Charlene deVecchi; and the 620 Hearst
Group, LLC b. City Manager Report - September 19, 2000 * Recommendation:
Continue the public hearing to the meeting of October 17, 2000. Public Testimony: Five persons heard. Moved, seconded, carried (Spring/Maio; Absent – Armstrong) to continue the public hearing to October 17, 2000. 22.
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 (to be delivered) Recommendation: Conduct Public Hearing and continue any decision on the appeal to the meeting of September 26, 2000. c.
City Manager Report (July 25, 2000) Contact: Wendy Cosin, Planning and Development, 705-8108
d.
Communications
Public Testimony: The Mayor opened the public hearing. Six persons heard. Moved, seconded, carried (Maio/Spring; Absent - Armstrong, Worthington) to continue the public hearing to September 26, 2000 to hear a five-minute presentation by the applicant and to make a decision. 23. Cable Television Rates From: City ManagerRecommendation: Conduct a public hearing and upon conclusion adopt a Resolution authorizing the City Manager to execute a Rate Order of the City of Berkeley establishing the maximum permitted 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 Public Testimony: The Mayor opened the public hearing. No persons heard. Moved, seconded, carried (Shirek/Maio; Absent - Armstrong) to close the public hearing and to carry over the decision to the meeting of October 10, 2000. 24. Tentative
Map Condo Conversion - 1177-83 Delaware Street
From: City Manager Recommendation:
Conduct a public
hearing on the appeals of the Planning Commission's decision to approve a
Condominium Conversion under Berkeley Municipal Code (BMC) Section
21.28.120 to convert four
single family houses on one lot to four condominiums at 1177, 1179, 1181
and 1183 Delaware Street. Contact: Wendy
Cosin, Planning and Development, 705-8108 a. Communications:
1. David Darlington
2. Louise Lo Action: Moved, seconded, carried (Maio/Breland; Absent - Armstrong) to continue the matter until October 17, 2000. 25.
Grant: Citizens'
Option for Public Safety (COPS)
From: City Manager Recommendation:
Conduct a public
hearing and upon conclusion adopt a Resolution authorizing the City
Manager to accept approximately $243,000 from the State of California,
Citizens' Option for Public Safety (COPS) Program to be used for youth
recreation and service programs in South and West Berkeley. Contact:
D. E. Butler, Police, 644-6568 Public Testimony: The Mayor opened the public hearing. One person heard. Moved, seconded, carried (Maio/Worthington; Absent - Armstrong, Woolley) to close the public hearing. Action: Moved, seconded, carried (Worthington/Maio; Absent - Armstrong, Woolley) to adopt Resolution No. 60,763 revising the language to read "to be used for a youth recreation center and associated services in South and West Berkeley." Information Reports 26. Ashkenaz
Accessibility Review
From: Commission on
Disability
Contact:
Virginia Vafa, Secretary, 665-3440
Action: Received
and filed. 27. Investment
Report, Fourth Quarter Ending June 30, 2000
From: City Manager
Contact:
Fran David, Finance, 665-7401
Action: Received
and filed. 28.
Case of People v. Kahlil Jacobs-Fantauzzi
From: Commission on
Aging
Contact:
Lisa Ploss, Secretary,
644-6050
Action: Received
and filed. SUPPLEMENTAL AGENDA ITEMS Consent
Calendar: 29.
Final EIR - UCB Seismic Replacement Building
From: Councilmember Spring Recommendation:
Request
the City Manager take all possible legal actions to contest the Final EIR
of the University of California Berkeley Seismic Replacement Building at
Oxford and Hearst Streets. Contact: Dona Spring, Councilmember District 4,
644-6266 Action: Revised
recommendation to delegate the authority to the Council subcommittee of
Mayor Dean and Councilmember Spring to explore options at their upcoming
meeting. 30.
UC Theater on University Avenue
From: Councilmember Spring Recommendation:
Request
the City Manager explore means to assist the UC Theater to find funding
sources to seismically retrofit their building so that this popular
Berkeley landmark will not be forced to close. Contact: Dona
Spring, Councilmember District 4, 644-6266 Action: Approved
recommendation. Mayor Dean
requested a report from the City Manager on September 26, 2000.
Communications Action:
The following communications were read, noted and
filed unless referred to the City Manager for a response: 1) Re: Relocation of Congregation Beth El at 1301 Oxford St., Berkeley. a) Roderick N. McAulay b) Jan Hangartner c) Peggy Mendelson d) Mary Ann Brewin e) Daniel Caraco f) Susan Knopka Dean (letter regarding parking) g) Richard Wesell h) Maureen Wesolowski i) Peter A. Ekstein, A.I.A. j) Eva Bansher k) Gail Greenlees l) Carol S. Norris & Alan S. Kay m) Kelsey and Charles Underwood n) Kathleen A. Barrows o) Eric Carlson p) Amy Traum, Neil Koren q) Paolo Balduzzi r) Jules Kragen, re: Temple Beth El. s) Fred Bauman 2) Howie & Connie Muir, re: 2700 San Pablo Ave. Breland, Worthington 3) David C. McGraw, Director, Environment, Health and Safety Division, Lawrence Berkeley National Laboratory re: City Council Information Request.
4)
Anne Marselis, re: 2700 block of
College Ave. 5)
Jean Nandi, re: Web Page Accessibility for
People with Disabilities. Worthington 6)
Neighbors re: House fire on Martin Luther King , gratitude for Fire
and Police Departments services, with 18 signatures.
Breland, Worthington 7)
Disability Rights Education and Defense Fund, Inc. Arlene B.
Mayerson, 2212 Sixth Street, Berkeley, re: ADA Implications for Public
Meetings of Government Bodies under the Ralph M. Brown Act.
Breland, Worthington, Dean 8)
John Vance (additional pages available for review in the City
Clerk’s office). SUPPLEMENTAL
COMMUNICATIONS AND
AGENDA REPORTS 9.
Manuela Albuquerque, City Attorney, letter to R. Zachary Wasserman,
Esq. and William A. Falik, Esq. Breland Designation
of the West Berkeley Shellmound as a Landmark. 10.
Burton Peek Edwards, Chair, Landmarks Preservation Commission Item
22 - Public Hearing - Appeal
of Landmarks Preservation Commission Designation of the Swink House,
Cottage and Garden at 1525-1529 Shattuck Avenue, as a Berkeley Structure
of Merit. 11. Ann Arnold 12. Adolph
and Patricia L. Meyer, requesting continuance of
the public hearing. 13. David
Darlington Breland Item
29 - Final EIR - UCB Seismic
Replacement Building 14.
Edward J. Denton, Vice Chancellor-Capital Projects. Item 30 - UC
Theater on University Avenue 15.
Marina Vedovi Worthington
Adjournment
Action:
Moved, seconded, carried (Maio/Worthington; Absent -
Armstrong) to continue the meeting until 11:15 to complete the agenda. Moved,
seconded, carried (Maio/Spring; Absent - Armstrong) to continue the
meeting until 11:30 to complete the agenda. The meeting adjourned
at 11:22 p.m. in memory of the Jusay family members who died in the August
20 fire on Martin Luther King, Jr. Way; and in memory of Tony Russo. |
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