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SUMMARY BERKELEY
CITY COUNCIL REGULAR MEETING TUESDAY,
NOVEMBER 21, 2000 Preliminary Matters Roll
Call: 7:26 p.m. All
present. Ceremonial
Matters: Proclamation Honoring Jane Brown for her contribution to the culture of dance and the lives of her students. Action: Presented
Proclamation. Comments
from the City Manager : Today the Police Department
and the Berkeley Boosters handed out 256 turkey baskets to needy families
in Berkeley. Comments
from the Public: Ten speakers
heard and six speakers spoke honoring Councilmember Woolley for her
service on the Council. Emergency
Items
Proclamation Honoring Adelia Lines, Director of Library Services From: Mayor Dean, Councilmember Olds, Vice Mayor Shirek Recommendation:
1) Approve as an emergency item; 2) approve Proclamation on behalf of the
City Council; 3) suspend the rules and approve presentation. Contact: Shirley
Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399;
Maudelle Shirek, Councilmember District 3, 644-6243 Action: Presented
Proclamation. Harrison Street Playground Ground Water Pollution
From: City Manager Recommendation:
1)
Add this item to the Agenda because there is a need to take immediate
action regarding treatment and disposal of hexavalent chrome and
solvent-contaminated water that has been pumped out through the dewatering
system under the Harrison Street skateboard park.
The need for this action came to the attention of the City
subsequent to the agenda being posted as required by the Brown Act; 2)
adopt a Resolution confirming the City Manager authorization of an
emergency contract with Electrochemical Design Associates to install a
temporary treatment system; and 3) approve additional expenditures up to
$100,000 to treat and dispose of hexavalent chrome and
solvent-contaminated water pumped out through the dewatering system under
the skateboard park. Action: Moved,
seconded, carried (Worthington/Maio) to adopt Resolution No. 60,843-N.S.
and adding request by Councilmember Worthington that the City Attorney
actively research cost recovery from the responsible party.
For the record, Councilmember Armstrong stated that she feels the
City Attorney is bright enough to do this without Councilmember
Worthington telling her to do so.
Consent Calendar
Action:
Moved, seconded, carried (Worthington/Armstrong) to approve the Consent
Calendar in one motion except as indicated. 1.
Contract: 3% at Age
50 Retirement Formula for Fire Only (first reading vote - absent -
Woolley 10/24)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending the City's contract with CalPERS to provide the 3% at Age 50 Retirement Formula for local fire employees only. Contact: Ron Brown, Human Resources, 665-7614 Action: Adopted
Ordinance No. 6593-N.S. (Absent - Woolley)
Effective December 21, 2000. 2. Subdivision Ordinance Amendments (first reading vote: unanimous
11/14)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code Chapter 21.16, Subdivisions, by adding Section 21.16.048 to codify existing practice with respect to review and approval of tentative subdivision maps which are required solely in order to permit the establishment of condominiums in newly constructed buildings in which the units which are proposed to be condominiums have never been rented. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted
Ordinance No. 6594-N.S. Effective
December 21, 2000. 3.
Subdivision Ordinance Amendments - Appeal of Planning Commission
(first reading vote: unanimous
11/14)
From: City Manager Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 21.16.050 adopting special procedures for certain appeals from decisions concerning subdivision maps. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted
Ordinance No. 6595-N.S. Effective
December 21, 2000. 4.
Amendment to Housing Code - Gas Heating Equipment (CR 99-165,
99-173) (first reading vote: unanimous
11/14) From: City Manager Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040, Berkeley Housing Code, to add subsection 701.4 - Certification of Gas Heating Equipment, to ensure the proper functioning of gas heating appliances in residential units. Contact: Stephen Barton, Housing, 665-3481 Action: Adopted
Ordinance No. 6596-N.S. Effective
December 21, 2000. 5.
Regulation of Indoor
Entertainment Events
From: City Manager Recommendation: Adopt first reading of Ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events (Ordinance No. 3289-N.S., as amended) and adopting a new Chapter13.46 regulating large indoor entertainment events. Contact: Manuela Albuquerque, City Attorney, 644-6380 Action: Adopted first reading of Ordinance. Second reading December 5, 2000. 6.
Grant: Black Infant
Health
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $100,000 from the Black Infant Health Program, Maternal Child Health Branch, California Department of Health Services, to implement a targeted program of intensive prenatal care outreach, social support, and empowerment for the African American community in Berkeley for the period July 1, 2000 through June 30, 2001, with continuous allocations annually, and to execute the resultant agreement and any amendments. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted Resolution No. 60,844-N.S. 7.
Grant: Low Birth
Weight Prevention
From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $10,000 from Alta Bates Medical Center Foundation to continue the development and implementation of a plan to address the disparity between percentages of African American and White low birth weight infants for the period July 1, 2000 through June 30, 2001, and to execute the resultant agreement and any amendments. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted Resolution No. 60,845-N.S. 8.
Contract: Sanitary
Sewer Project
From: City Manager Recommendation:
Adopt
a Resolution approving plans and specifications for the Sanitary Sewer
Project located at Carleton Street, Derby Street, Ward Street, Shattuck
Avenue, Ellsworth Street, Dana Street and Telegraph Avenue; 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 $807,514 for a period of 210 calendar days.
Contact:
Rene Cardinaux, Public Works, 665-3460 Action: Adopted
Resolution No. 60,846-N.S. 9. Contract: Refuse Truck Weight Scale Replacement From: City Manager Recommendation: Adopt a Resolution approving the specifications for the Refuse Truck Weight Scale Replacement Project, rejecting the sole bid received; and authorizing the City Manager to negotiate and execute a contract and any amendments on the open market for an amount not to exceed $40,000. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Resolution No. 60,847-N.S. 10.
Amend Council Rules of Procedure From: City Manager Recommendation: Adopt a Resolution amending Article II, Section D of Resolution No. 60,589-N.S., Council Rules of Procedure, to eliminate language inconsistent with recent amendments by the Housing Authority and Redevelopment Agency to amend their Bylaws regarding meetings. Contact: Sherry M. Kelly, City Clerk, 644-6480 Action: Adopted Resolution No. 60,848-N.S. 11.
Waive Fees for Presentation “Community Controlled
Agriculture" From: Councilmember Worthington Recommendation: Berkeley City Council waive fees for auditorium in Veterans Building for presentation “Community Controlled Agriculture: Reclaiming Power from Agribusiness in our Urban Neighborhoods and Local Communities” from the Bay Area Seed Interchange Library (BASIL), a project of the Ecology Center, on Saturday, December 9, 200 from 3:00 p.m. to 7:00 p.m. Contact: Councilmember Kriss Worthington, 644-6398 Action: Adopted Resolution No. 60,849-N.S. 12. Presentation from Concerned Citizens Regarding City Attorney’s Opinion of Conflict of Interest for Members of BAHA and Other Non profit Organizations From: Councilmember Worthington Recommendation: Give time for presentation from concerned citizens regarding City Attorney’s opinion of conflict of interest for members of BAHA and other non profit organizations. Contact: Councilmember
Kriss Worthington 644-6398 Action: Removed
from the Consent Calendar by Councilmember Worthington.
Moved, seconded, carried (Worthington/Spring; Abstain - Dean, Maio;
Absent - Armstrong, Olds) to approve recommendation and to request an
opinion from an outside attorney who is mutually agreeable to the
Commissioners involved and the City, as expeditiously as possible, and to
ask an opinion from the Attorney General. 13.
Support for a Filipino National Strike From: Councilmember Maio Recommendation: Support the actions of the Filipino people who are fighting for democracy and improved working and living conditions. Contact: Councilmember Linda Maio, District 1, 644-6359. Action: Approved recommendation. (Abstain - Armstrong) 14.
David Brower Memorial (to be delivered) From: Councilmember Maio Recommendation: Co-sponsor David Brower Memorial event at the Berkeley Community Theater on Saturday, December 2nd; and Councilmember Maio prepare a proclamation on behalf of the entire City Council, to be displayed at the event. Contact: Councilmember Linda Maio, District 1, 644-6359. Action: Approved recommendation as revised to include the City to cosponsor the reception at the Veterans Memorial Building; and declaring July 1, David Brower's birth date, as David Brower Day in the City of Berkeley. 15.
Presentation
by Neighbors for Fire Safety
From: Councilmember Olds
Recommendation: Allot
five minutes at the beginning of the City Council meeting of December 5,
2000 to Neighbors for Fire Safety to present petitions regarding the new
hills fire house. Contact: Councilmember Betty Olds, 644-6399 Action: Approved recommendation. 16.
Berkeley Guides: Emergency
Funding and Referral to Mid-Year Budget Process From:
Mayor Dean Recommendation: Undertake the following measures with respect to the Berkeley Guides program of the Berkeley Boosters Association: 1) refer the guides request for an additional $42,117 annually to the midyear budget process (see attached funding request); 2 ) request the City Manager identify funds in the amount of $3,510 per month to enable the Berkeley guides to maintain current service levels until the guides request for additional funds is considered through the mid-year budget process; 3) request the City Manager to assist the guides in identifying and applying for outside grants; and 4) request the City Manager assist the guides in maintaining rent-free space in downtown Berkeley. Contact: Mayor Shirley Dean, 644-6484Action: Approved
recommendation with the exception of recommendation #2 which was referred
to the City Manager. 17.
Pedestrian and Traffic Safety on Ashby Avenue
From: Mayor Dean and Councilmember Armstrong Recommendation: Authorize the City Manager to seek and implement a
Public Highway Safety Corridor Grant for the purpose of increasing
pedestrian and traffic safety on Ashby Avenue, State Highway 13. Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401 Action: Approved recommendation. 18. Berkeley Without Wires A Citywide Plan for The Undergrounding of
Utilities From: Undergrounding Utilities Task Force and Council Subcommittee on
Undergrounding (To be delivered) Recommendation:
1)
Receive the report, Berkeley Without Wires, which is issued for Council
information; 2) direct the
Task Force to pursue a possible foundation grant to produce an outreach
video on the subject. Contact: Dick White, Chair, Utilities Undergrounding Task Force a.
City Manager Report Recommendation: Concurs with content and recommendation of Task Force report. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Action: Removed from the Consent Calendar by Councilmember Worthington and held over to December 5. 19.
Rule 20B: - Undergrounding Utilities Districts
(To be delivered) From: Undergrounding Utilities Task Force a.
City Manager Report Recommendation:
Adopt
a Resolution allocating $50,000 for undergrounding utilities to be used
for low-income individuals located within Rule 20B undergrounding utility
districts. Contact: Dick White, Chair, Utilities Undergrounding Task Force a.
City Manager Report Recommendation: Concurs with content and recommendation of Task Force report. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Action: Removed from the Consent Calendar by Councilmember Maio and held over to December 5.
Public
Hearings
20. Tentative Map Condo Conversion
- 1177-83 Delaware Street (continued from September 19, October 17) a. Appeal of Kenneth J. Schmier, Eric S. Schmier, David Darlington and
Louise Lo of Planning Commission Decision of July 26, 2000.
Contact: Sherry Kelly, City
Clerk, 644-6480
b.
From: City Manager Recommendation: Continue the public hearing to December 12, 2000. Contact: Wendy
Cosin, Planning and Development, 705-8108 c.
Communications: 1. Kenneth J. Schmier, Eric S. Schmier Contact: Sherry Kelly, City Clerk, 644-6480 Action: Moved, seconded, carried (Worthington/Maio) to continue the public hearing to December 12.
Presentations
21.
Telecommunications Ordinance:
Preliminary Report Contact: Philip Kamlarz, Deputy City Manager, 665-7530
Action:
Heard presentation.
Information
Reports
22.
Public Health Clinic Outreach Program
From: City Manager
Contact:
Fred Medrano, Health and Human Services, 665-6879 Action: Councilmember
Maio requested a report from the City Manager regarding the capacity of
the Health Department to meet the demands of the increased work load. 23.
East Shore State Park Planning Process
From: City Manager Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Received and filed.
Communications
The following communications were read, noted and filed, unless otherwise noted: 1) Re: Relocation of Congregation Beth El at 1301 Oxford St., Berkeley. Breland a) a) Vick Bullman b) b) Donn Logan c) c) Dennis J. White and Carol F. White d) Marcia Emery, Ph.D., Intuitive Management Consulting Company 2) Deborah Badhia, Executive Director, Downtown Berkeley Association, re: Downtown Business Improvement District Work Plan 2001. 3) Jonathan Romano, re: HIV treatment. Shirek, Dean 4) InetJalopy, re: Signage war, (additional pages available for review in the City Clerk’s office). 4a.
Dan Chia Maio 5) Greg VanMechelen, ADPSR Board Member, re: Green Resource Center in the Veterans Building. Maio, Spring, Dean 6) Charles Pappas, re: #1 Whitaker Avenue. Dean, Spring 7) Jonah Markowitz, re: Left turn arrow at Sacramento & Dwight. Maio, Dean, Worthington, Breland, Spring 8) Alan Gould, re: LPC commissioners advised by City Attorney not to serve on the commission on certain issues. Worthington 9) Horace Mitchell, Vice Chancellor - Business and Administrative Services, University of California, Berkeley, re: Report on Telegraph Avenue Disturbance of October 14-15, 2000. 10) Howie & Connie Muir, re: 2700 San Pablo Avenue. Breland, Dean
SUPPLEMENTAL
COMMUNICATIONS AND REPORTS Item
12 - Presentation from Concerned Citizens Regarding City Attorney's
Opinion of Conflict of Interest for Members of BAHA and Other Non-profit
Organizations 11. Rachel A. Rupert, Chief Executive Officer, Berkeley Chamber of Commerce 12. Dennis Walton Item
21 - Telecommunications Ordinance: Preliminary
Report 13. Citizens Task Force on Telecommunications. COMMUNICATIONS
RECEIVED AT THE MEETING 14. Eleanor Pepples, re: Item 8, Sanitary Sewer Project. 15. Andy Katz, ASUC Office of External Affairs, re: Item 5 Indoor Entertainment Events Adjournment
Action:
Moved, seconded, carried (Worthington/Spring; Absent
- Armstrong) to suspend the rules and continue the meeting to 11:15 p.m.) The meeting
adjourned at 11:14 p.m. in honor of David Brower. |
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