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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, JUNE 22, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:35 p.m. All present

Ceremonial Matters:.

Proclamation: Honoring Carl Blumstein for twenty years of service to the Berkeley Energy Commission

Action: Held over to a date to be determined.

Comments from the City Manager:

a. Homeless Continuum of Care Plan developed by Health and Human Services Department has won an award.
b. The Bay to Barkers walk at Cesar Chavez Park will take place on July 11, 1999.
c. Fourth of July celebration will be held at Berkeley Marina.
d. ReUse Directory is available at libraries and other locations.

Comments from the Public: Ten speakers.

Consent Calendar

Action: Moved, seconded, carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated.

1. Ordinances for Second Reading:

a.    Authorizing a lease agreement with Paul Hon for operation of Amana Christian Bookstore at 2431 Durant Avenue in Sather Gate Mall for $1,640 per month for a period of five years with annual increases. (Unanimous)
Action: Adopted second reading of Ordinance No. 6488-N.S. Effective July 22, 1999.

b.    Repealing Chapter 19.48 of the Berkeley Municipal Code (BMC), 1994 Uniform Fire Code, and reenacting Chapter 19.48 to adopt, with amendments, the 1998 California Fire Code and Uniform Fire Code Standards. (Unanimous)
Action: Adopted second reading of Ordinance No. 6489-N.S. Effective July 22, 1999.


2. 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: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,072-N.S.

3. SRIP I and SRIP II Amendment
From: City Manager
Recommendation:
Adopt first reading of two Ordinances: 1) Amending Berkeley Municipal Code (BMC) Section 4.36.101 (Supplementary Retirement and Income Plan I); and 2) Amending Berkeley Municipal Code (BMC) Section 4.38.101 (Supplementary Retirement and Income Plan II), to permit self-directed investment options for City employees covered by the Plans.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted first reading of Ordinances. Second reading July 13, 1999.

4. Establish Senior Community Development Project Coordinator Classification
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Public Employees Union Local One employees, to establish the Senior Community Development Project Coordinator in Unit P1 with a salary range of $5,067 - $6,115 per month effective July 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,073-N.S.

5. Establish Economic Development Manager At-Will Classification
From: City Manager
Recommendation:
1) Adopt a Resolution amending Resolution No. 57,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the Economic Development Manager Classification in Unit Z1 with a salary range of $6,082 - $8,138 per month effective June 1, 1999; and 2) Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to include Economic Development Manager as an "at-will" classification.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,074-N.S. and adopted first reading of Ordinance. Second reading July 13, 1999.

6. Equity Adjustment for Staff Attorney Classifications in the Rent Board
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 57,841-N.S., Classification and Salary Resolution for Unrepresented Employees to provide 3% equity adjustments for the classifications of Staff Attorney I, II, and III effective June 28, 1998 and June 27, 1999.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,075-N.S.

7. Contract: Downtown Berkeley YMCA
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $152,955 for fitness center memberships for City employees and Legislative Assistants for the period July 1, 1999 through June 30, 2000.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Adopted Resolution No. 60,076-N.S.

8. Grant Application: Additional Police Officers
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the U.S. Department of Justice, Office of Community-Oriented Policing Services, for a three-year Universal Hiring Program grant in the amount of $450,000 to support the hiring of six police officers, and authorizing the City Manager to execute the resultant agreement and any amendments.
Contact: Dash Butler, Police, 644-6568
Action: Removed from the Consent Calendar by Councilmember Worthington to be considered with the budget. Moved, seconded, carried (Maio/Spring) to adopt Resolution No. 60,077-N.S. as part of the budget. The City Manager to provide a report on the deployment of new police officers with consideration for concerns for more staffing around the schools.

9. Contract Amendment: Geotechnical and Engineering Testing Services (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract or a new contract and any amendments with URS Greiner, Inc. to provide geotechnical and engineering testing services for various projects, by increasing the amount $400,000 and extending the period to June 30, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,078-N.S. as amended by the City Manager above.

10. Contract: Piedmont Avenue Pedestrian Lighting
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid of Gruendl, Inc. (dba Ray's Electric) for construction of pole footings and underground electrical raceways for the west side of Piedmont Avenue from Dwight Way to Gayley Road, and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $70,500 for the period July 5, 1999 to October 15, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,079-N.S.

11. Purchase Order Amendment: Security Services at Corporation Yard
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase the Purchase Order with ABC Security Services for night and weekend security services at the Corporation Yard, by $10,000 (for an amount not to exceed $35,000) and extending the period to June 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,080-N.S.

12. Lease Agreement: Sather Gate Mall Lease for Durant Shoe Repair
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing a lease agreement with Yi Su Hyong and Yi Myong Soon for operation of Durant Shoe Repair at Sather Gate Mall, 2432 Durant Avenue, for $1,009 per month for 651 square feet for a period of five years.
Contact: Frances David, Finance Department, 644-6476
Actions: Removed from the Consent Calendar by the City Manager.

Moved, seconded (Worthington/Spring) the main motion to consider the item on July 20 as part of a detailed report on the Sather Gate Mall.

Moved, seconded, carried (Armstrong/Olds; Noes – Breland, Spring, Worthington; Abstain – Maio) the substitute motion to adopt first reading of the Ordinance and to not consider additional leases until a detailed report on the Mall is presented to the Council on July 20, 1999. Second reading July 13, 1999.

13. Lease Agreement: Sather Gate Mall Lease for Michelle's Yogurts and Sweets
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing a lease agreement with Charles and Eun Sook Lee for operation of Michelle's Yogurts and Sweets at Sather Gate Mall, 2430 Durant Avenue, for $844 per month for 420 square feet for a period of five years.
Contact: Frances David, Finance Department, 644-6476
Actions: Removed from the Consent Calendar by Councilmember Worthington.

Moved, seconded (Worthington/Spring) the main motion to consider the item on July 20 as part of a detailed report on the Sather Gate Mall.

Moved, seconded, carried (Armstrong/Olds; Noes – Breland, Spring, Worthington; Abstain – Maio) the substitute motion to adopt first reading of the Ordinance and to not consider additional leases until a detailed report on the Mall is presented to the Council on July 20, 1999. Second reading July 13, 1999.

14. Contract: Business License, Revenue Enhancement and Information Services (to be delivered) delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing contract or execute a new contract, if necessary, and any amendments for an additional year with the Municipal Resource Consultants through June 30, 2000. This sole-sourced vendor will provide business license and other revenue enhancement and information services not to exceed 25% of the new revenue generated by activities covered in this contract.
Contact: Frances David, Finance Department, 644-6476
Action: Adopted Resolution No. 60,081-N.S.

15. Waiving Fees for the Berkeley Blues Festival
From: Councilmember Armstrong
Recommendation:
Adopt a Resolution waiving 1) permit and service fees associated with the Berkeley Blues Festival on August 28, 1999; 2) Berkeley Municipal Code Section 13.40.100 to extend the hours of amplified sound; 3) Berkeley Municipal Code (BMC) Section 20.24 to hang banners across Addison and Shattuck Avenue; and 4) direct staff to steam clean sidewalks, provide trash receptacles, barricades, and a dumpster.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Adopted Resolution No. 60,082-N.S.

16. Waiving Fees for Woman's Will Theater Company
From: Councilmember Armstrong
Recommendation:
Adopt a Resolution waiving the fees associated with performances by Woman's Will Theater Company in the Berkeley parks this summer in Live Oak Park on July 10 and 11, 1999 and in John Hinkel Park on July 24 and 25, 1999.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Adopted Resolution No. 60,083-N.S.

17. San Pablo Avenue Transit Corridor
From: Councilmembers Breland and Worthington
Recommendation:
Hear an informational update from Councilmember Breland reporting on San Pablo Avenue Corridor Transit Oversight Committee.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400
Action: Approved recommendation.

18. Proposition 215 Enabling Ordinance
From: Councilmembers Maio and Worthington
Recommendation:
Request the City Manager and Police Chief review the proposed The Kinder and Safer Streets Act of 1999 and to recommend an enabling ordinance for Proposition 215 Medical Cannabis State Initiative. Also, that the City Manager and Police Chief review the increase in felony arrests for possession of small quantities of marijuana and evaluate implementation of a proposed Marijuana Felony Arrest Report.
Contact: Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Armstrong/Worthington; Abstain – Olds; Absent - Dean) to approve the recommendation. Councilmember Armstrong asked the record reflct that she supports marijuana for medical uses and safe havens for those in need to obtain marijuana but does not support the selling of marijuana on the streets or for uses other than medicinal.

19. Establish Special $1.7 Million Reserve Fund
From: Councilmember Worthington
Recommendation:
Establish a special $1.7 million reserve fund.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Worthington in order to consider with the budget. Moved, seconded, carried (Maio/Spring) the recommendation as part of the budget and changing the fund name to Special $1.7 Million Non-Department Set Aside Fund.

20. AB 647 Relating to Bay Conservation and Development Commission (BCDC) Permits
From: Mayor Dean
Recommendation:
Support AB 647 introduced by Assembly Member Aroner which expands the grounds upon which BCDC can deny a permit to fill, extract materials from, or substantially change shoreline uses of the San Francisco Bay; and notify Assembly Members, Senators, and our lobbyist of City support.
Contact: Barbara Gilbert, Assistant to Mayor, 644-6484
Action: Approved recommendation.

21. Proclamation to Honor June as Pride Month
From: Councilmember Worthington
Recommendation:
Support proclamation to honor June as Pride Month in the City of Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

22. Grant Application: Community Action Plan for Community Services Block Grant (CSBG)
From: Human Welfare and Community Action Commission
Recommendation:
Adopt a Resolution authorizing the City Manager to submit the Fiscal Year 2000 and Fiscal Year 2001 Community Action Plan and related grant applications to the State Department of Community Services and Development for $160,000 for CSBG funds, and authorizing the City to execute the resultant agreement and any amendments.
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,084-N.S.

23. Annual Assessment for the Elmwood Theater Business Improvement Area
From: Advisory Board for the Elmwood Theater Business Improvement Area
Recommendation:
Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 1998-99; 2) declaring an intention to levy annual assessments in the Improvement Area for 1999-2000; and 3) setting a public hearing on the levy of assessments for July 20, 1999.
Contact: Dave Fogarty, Secretary, 705-8184
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Board.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Adopted Resolution No. 60,085-N.S. and set public hearing for July 20, 1999.

24. Telegraph Property and Business Improvement District (to be delivered)
From: Property Owners' Council
Recommendation:
Adopt a Resolution: 1) approving the Annual Report for FY 1999; 2) Resolution of Intention to levy and collect assessments for FY 2000; and 3) set a public hearing on the levy of assessments for July 20, 1999.
a. City Manager Report
Recommendation:
Concurs with recommendation from the Property Owners' Council.
Contact: Bill Lambert, Economic Development, 705-8170
Action: Adopted Resolution No. 60,086-N.S. and set public hearing for July 20, 1999. Directed the City Manager to resolve the issue of funding source for the BID.

25. Berkeley Repertory Theatre Expansion
From: City Manager
Recommendation:
Adopt a Resolution extending the time allowed for the Berkeley Repertory Theatre (BRT) to secure financing for the expansion of the Theatre for two months, to August 30, 1999.
Contact: Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Adopted Resolution No. 60,087-N.S.

26. Restoration of AC Transit Bus Service on Line 15
From: Commission on Disability
Recommendation:
Direct the City Manager to write to the Board of Directors of AC Transit requesting that AC Transit's restoration of services include full restoration of local evening service (to 11:00 p.m.) bus service on Line 15.
Contact: Virginia Vafa, Acting Secretary, 665-3440
a.  City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506-
Action: Approved recommendation.

27. Support and Oppose Legislative Bills Regarding Leaf Blowers
From: Community Health Commission
Recommendation:
Support Leaf Blower Legislation SCR19 and oppose SB1267, AB1544 and AB1609, and send a letter to the Bill sponsors and the appropriate Senate and Assembly Committee Chairs.
Contact: Verdie Thomson, Secretary, 644-6496
a.   City Manager Report
Recommendation:
Concurs with content and recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Approved recommendation. Mayor Dean stated that SCR19 has passed and therefore the City Clerk need only send letters regarding opposition of SB1267, AB1544 and AB1609.

28. Appointments to Mental Health Commission
From: Mental Health Commission
Recommendation:
Adopt a Resolution appointing Melissa Martin (General Public Interest), Ruairi O'Sullivan (General Public Interest), Nancy Gagnon (Special Public Interest), Maureen Schulz (General Public Interest), and Sandi Harrington (Special Public Interest) and reappointing Susan Isles (Special Public Interest) to the Mental Health Commission for three-year terms.
a. City Manager Report
Recommendation:
Concurs with content and recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,088-N.S.

Action Calendar

Appeals:

29. Zoning Appeal of Use Permit 99-20000026 - 2228 Sixth Street
From: City Manager
Recommendation:
Adopt a Resolution 1) remanding the appeal of Elliott Abrams, applicant, to: a) establish a combined residential/commercial use by raising an existing 1,400 square foot single family house by four feet to accommodate a like amount of commercial office space on the ground floor at 2228 Sixth Street; b) construct 344 square feet of commercial office space at the rear of the new ground floor for a total of 1,744 square feet; c) add four parking spaces; and d) allow the continuance of a non-conforming 4'10" side yard, back to the Zoning Adjustments Board for a new public hearing to investigate and reconsider the issues of open space and parking based on the applicant's stated intent to revise the project to address the issues raised by the Board; and 2) directing the Zoning Adjustments Board to require a shadow study be submitted by the applicant to allow the Board to better evaluate the potential for detriment to the adjacent properties from shadowing resulting from the raising of the structure.
Contact: Liz Epstein, Planning and Development, 705-8105
Actions: Moved, seconded, failed (Breland/Spring; Abstain – Armstrong, Maio, Olds, Woolley, Dean) the substitute motion to affirm the ZAB decision and dismiss the appeal.

Moved, seconded, failed (Olds/Woolley; Noes – Shirek, Spring, Worthington; Abstain – Armstrong, Breland, Maio) the main motion to remand back to the ZAB.

Held over to July 13, 1999.

Priority:

30. Budget Recommendations from Commissions:
a. Citizens Budget Review Commission: Annual Budget Report dated June 8, 1999 Recommendation:
Council take the following action: 1) Regarding the budget development process, direct the City Manager to continue to develop a rolling five-year strategic plan and for the Council to adopt it as a part of the biennial budget; 2) regarding the budget format, continue to work toward implementation of a programmatic budget, specifically aimed at connecting the budget to the General Plan; 3) regarding the two-year budget cycle, use the June of the mid-year (i.e. June 2000) for a "mid-year" budget update, much as the mid-year budget update addressed by the Council in March 1999; 4) regarding the revenue projections, accept the City Manager's proposal and encourage the City Manager to complete his effort to develop and keep up-to-date a rolling five-year revenue projection for General Fund and all enterprise funds; 5) regarding expense budget proposals, direct the City Manager to recommend to the City Council for adoption the overhead and indirect cost formula to be used for each of the General Fund-based and enterprise fund-based programs and projects, e.g., the Sewer Program; and 6) accept this memorandum as the FY 1998-99 Annual Report of the CBRC.
Contact: Laurie Bright, Chairperson, 524-9126
Action: Held over to July 13, 1999.

31. Housing Advisory Commission Report dated June 15, 1999
Recommendation:
Allocate $1,000,000 from the Fiscal Year 2000 General Fund Budget for the Housing Trust Fund (HTF) to help address the housing affordability crisis in the City and to allow the implementation of housing goals contained in the Consolidated Plan and the Continuum of Care Plan.
Contact: Oscar Sung, Secretary, 655-3469
Action:. Considered with budget.

32. City Manager Supplemental Budget Reports
a. Budget Information Reports on Questions Raised since June 15, 1999
(to be delivered)
From: City Manager

Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

33. Amendments to City Manager's Proposed FY 2000 and FY 2001 Budgets:

a. Mayor Dean: Proposed Amendments to City Manager's Budget dated June 8, 1999
Contact: Shirley Dean, Mayor, 644-6484
Action: Revised proposal submitted.

b. Vice Mayor Shirek, Councilmembers Maio, Spring and Worthington: Proposed Amendments to City Manager's Budget dated June 8, 1999
Contact: Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Linda Maio, Councilmember District 1, 644-6359; Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398
Action: Revised proposal submitted.

c. Side-by-side summary comparison of proposed amendments
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

d. City Manager comments on proposals to amend budgets from June 15, 1999
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

33. Council Discussion and Recommendations on FY 2000 and FY 2001 Budgets
Council's final amendments
City Manager's response to final amendments
Action:
Held discussion.

34. Council Adoption of Biennial Budget for Fiscal Year 2000 and Fiscal Year 2001

a. City Manager Report (to be delivered)
Recommendation:
Adopt a Resolution adopting the Biennial Budget for FY 2000 and FY 2001 as amended by Mayor and Council.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Actions: Moved, seconded, failed (Olds/Armstrong; Noes – Shirek, Spring; Abstain – Breland, Maio, Worthington) a substitute motion to adopt the City Manager’s Biennial Budget as amended by the Mayor’s budget recommendations as stated in her reports dated June 22, 1999 and adding a referral for the West Campus Pool.

Moved, seconded, carried (Maio/Spring; Noes – Olds, Woolley, Dean; Abstain - Armstrong) the main motion to adopt Resolution No. 60,089-N.S. adopting the City Manager’s FY 2000 and FY 2001 budgets amended by the Vice Mayor’s budget recommendations as stated in her report dated June 22, 1999 and adding the following: a) that the City Manager convene meetings with representatives of Freight and Salvage, the Aurora Theater, the Downtown Berkeley arts community and the arts community at large, the DBA, and resource people from the community, to discuss the various proposals and how groups might collaborate, and that the Manager develop recommendations for the Council regarding the optimal course(s) of action and how the City might best support these efforts as outlined in Item 42 on the Supplemental Communication and Report List from Councilmembers Maio and Spring; b) set aside $300,000 in a revolving fund for the arts and for Council to commit $100,000 to Freight and Salvage and authorize the City Manager to provide this funding with consideration of their time constraints and in consideration of strong financial information; c) commit $300,000 for the warm water pool repairs; d) change the line item on the Sather Gate Garage parking fee revenues in the Vice Mayor’s report to $350,000 as a result of information provided by the City Manager; e) revise recommendation on page 4 regarding North Shattuck Merchants Association to remove the following language "$2,000 of which will pay for music and cultural activities at Walnut Square" at the request of Councilmember Spring; f) revise recommendation on page 7 regarding Measure S to revise language as follows "The 130,000 reserve fund is to be held for a downtown arts center and arts activities in the Downtown" at the request of Councilmember Spring; g) designate as a priority the facility repair of the gym and lockers at the Adult School at the request of Councilmember Breland; h) allocate $1.7 million as non-departmental set aside funds per Councilmember Worthington’s agenda item 19; g) direct the City Manager to report to Council on the deployment of additional police officers and take into consideration Councilmember Breland’s concern for additional police presence at schools.

35. Annual Appropriations Ordinance (to be delivered)
From: City Manager
Recommendation:
Adopt first reading of Annual Appropriations Ordinance in the amount of $270,840,383 (gross) and $232,075,638 (net).
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Moved, seconded, carried (Shirek/Maio; Noes – Olds, Woolley, Dean; Abstain - Armstrong) to adopt first reading of Ordinance. Second reading July 13, 1999.

36. Appropriations Limit for Fiscal Year 2000
From: City Manager
Recommendation:
Adopt a Resolution establishing the appropriations limit for Fiscal Year 2000 at $106,164,296 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Contact: Frances David, Finance, 644-6476
Action: Moved, seconded, carried (Maio/Breland) to adopt Resolution No. 60,090-N.S.

37. Temporary Appropriations
From: City Manager
Recommendation:
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 1999 until the effective date of the FY 2000 Annual Appropriations Ordinance.
Contact: Frances David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted Resolution No. 60,091-N.S.

38. Setting FY2000 Tax Rate for Measure S General Obligation Bonds
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the Fiscal Year 2000 Tax Rate for the Measure S General Obligation Bonds (Election of 1996) at 0.0550%.
Contact: Frances David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

39. Setting FY2000 Tax Rate for Fire Seismic General Obligation Bonds
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the Fiscal Year 2000 Tax Rate for the Fire Seismic General Obligation Bonds (Election of 1992) at 0.0392%.
Contact: Frances David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

40. Levying of Emergency Medical Services Tax
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying a special tax of $0.02275 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents to replace the previous City assessments that were lost July 1, 1997 as a result of State Proposition 218.
Contact: Frances David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

41. Levying of Maintenance of City Parks, Trees and Landscaping Tax
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying a special tax of $0.0782 per square foot of improvements to fund the maintenance of parks, City trees and landscaping as approved by voters on May 6, 1997.
Contact: Frances David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

42. Levying of Business License Tax on Large Non-Profits and Setting FY 1999 and FY 2000 Tax Rates (to be delivered)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying a reduced business license tax rate for large non-profits based on revised data for calculation of the tax.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Moved, seconded, carried (Armstrong/Maio; Noes - Olds) to adopt first reading of Ordinance. Second reading July 13, 1999.

43. Levying of Library Services Tax
From: City Manager
Recommendation:
Adopt first reading of an Ordinance levying a special tax of $0.09762 per square foot of dwelling units and $0.1476 per square feet for industrial, commercial and institutional buildings.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580 s David, Finance, 644-6476
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

44. Levying of Emergency Services for Severely Disabled Tax
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2000 tax rate for the provision of emergency services for the severely disabled at $0.012 per square foot of improvements, as approved by the voters on November 3, 1998.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading July 13, 1999.

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 *.

45. Decision Regarding Administrative Tow Fee (public hearing held June 15, 1999)
From: City Manager
Recommendation:
Adopt a Resolution increasing the fee for redemption of vehicles towed pursuant to California Vehicle Code and Berkeley Municipal Code (BMC) Section 14.36.050 and rescinding Resolution No. 55,954-N.S.
Contact: Dash Butler, Police, 644-6568
Actions: Moved, seconded (Woolley/Armstrong) the main motion to increase the towing fee to $50.00 and to consider a split fee with higher fees being assessed for vehicles towed which are blocking emergency and life safety vehicles.

Moved, seconded, carried (Maio/Olds; Noes – Armstrong, Woolley; Abstain – Shirek) to approve the City Manager’s recommendation and adopt Resolution No. 60,092-N.S.

46. Decision Regarding Establishment of the Arlington Street Light Upgrading Assessment District (public hearing held June 15, 1999)
Recommendation:
Adopt a Resolution establishing the Arlington Street Light Upgrading Assessment District 1999-1, confirming the diagram and assessment, and levying the assessment for a five-year period.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:
Moved to the Consent Calendar by Councilmember Armstrong. Adopted Resolution No. 60,093-N.S.

47. Decision Regarding Levying Assessments for the Berkeley Street Lighting Assessment District No. 1982-1 for Fiscal Year 2000 (public hearing held June 15, 1999)
From: City Manager
Recommendation:
Adopt a Resolution confirming diagrams and assessments and levying assessments for Fiscal Year 2000 for the Berkeley Street Lighting Assessment District No. 1982-1.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Councilmember Armstrong. Adopted Resolution No. 60,094-N.S.

48. Minutes for Approval (held over from April 27, May 11, 25 and June 8 meetings)
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Held over to July 13, 1999.

49. Minutes for Approval (Removed from consent by Mayor Dean and held over from May 25 and June 8 meetings)
From: City Manager
Recommendation:
Approve the minutes for Council meeting of: a) April 20, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to the Consent Calendar by Mayor Dean and approved minutes as revised.

50. Redevelopment Agency Annual Report (removed from Consent by Councilmember Spring and held over from April 13 and June 8 meetings)
From: City Manager
Recommendation:
Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 1997-98.
Contact: Liz Epstein, Planning and Development, 705-8105
a. City Manager Supplemental Report dated June 8, 1999
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Spring/Worthington) to adopt Resolution No. 60,095 -N.S. approving the Annual Report and referring to the FY 2000 Redevelopment Agency budget process an allocation of $35,000 for a mural to commemorate Cesar Chavez and indigenous people as requested by Councilmember Spring.

51. Residential Permit Parking Decision (held over from April 27 and June 8 meetings)
From: City Manager Report dated June 8, 1999
Recommendation:
Adopt a Resolution amending Section 25 of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on Milvia Street on the west side between Parker Street and Carleton Street, on Virginia Street both sides between McGee Avenue and California Street, and on Acton Street on the east side between Cedar Street and Keoncrest Drive and on the west side of Acton Street between Cedar Street and Tomlee Drive.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Councilmember Worthington. Adopted Resolution No. 60,096-N.S.

52. Decision on Planning and Development Department Services Fees (public hearing held May 18th - decision continued to June 8 meeting - held over from June 8 meeting)
Recommendation:
Adopt a Resolution: 1) providing increases in the consolidated fee schedule for the Permit Services Fund for all development-related services provided by the Planning and Development Department; 2) continuing a cap of $345,000 on all waivers so that when this cap is reached, further waivers will only be granted with substitute funding authorized by Council; and 3) rescinding Resolution No. 59,540-N.S.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Spring/Maio) to adopt Resolution No. 60,097-N.S. increasing fees as recommended with the exception of the appeal fees which are to be maintained at current rates. Directed the City Manager to present a recommendation for increasing the penalty fees for those that build illegally without permits and for other increases to cover the expenses of new staff and schedule a public hearing on proposed fees.

53. Contract: Spiral Sidewalk Repair Project (removed from consent by Councilmember Spring and held over from June 8 meeting)
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Fiscal Year 1998/99 Spiral Sidewalk Repair Project; accepting the bid of Berkeley Cement, Inc.; and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $283,247, for the period June 14, 1999 to December 31, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 60,098-N.S. amended to suspend the Oxford and Bancroft Avenue work to request that the University pay the costs.

54. Sather Gate Garage Status Report (moved to Action by Councilmember Worthington from June 8 meeting)
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Report received and filed with discussion on agenda items 12 and 13 and direction for staff to return on July 20, 1999 with a detailed report before submitting any additional leases for Council approval.

55. Roundabouts on Ellsworth at Stuart and Parker (CR 99-56) (moved to Action by Councilmember Worthington from June 8 meeting)
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Councilmember Worthington.

56. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27, May 11, 25, and June 8 meetings)
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden and published by the Center for Livable Communities, January 1999; 2) throughout the entire process of consideration of this referral, residents and neighborhood groups are to be consulted; 3) request staff, residents and commission members consider adopting all or part of the guidelines as policies which will guide the City in future actions; and 4) status reports be provided to Council every six months until final recommendations are made for or against the adoption of these policies and returned to Council for action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Held over to July 13, 1999.

57. City-Owned Parking Lots (removed from Consent by Councilmember Spring and held over from May 25 and June 8 meetings)
From: Councilmember Spring
Recommendation:
Establish a policy to return city-owned parking lots at Oxford and Berkeley Way to short term parking with rates escalating after four hours; and refer to staff the request by University Avenue merchants that parking validation be allowed in the Berkeley Way lot for a report back by July 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to July 13, 1999.

58. Expand Undergrounding of Utilities (removed from consent by Councilmember Maio and held over from June 8 meeting)
From: Mayor Dean, and Councilmembers Olds, Armstrong and Woolley (revised report)
Recommendation:
1) Adopt a State of Intention to expand the undergrounding of Berkeley utilities; 2) Establish a Commission on Undergrounding Utilities with two members of the Fire Commission and two members of the Public Works Commission; 3) Refer to the City Manager the establishment of a revolving fund of approximately $250,000 to pay for up-front underground utility costs; 4) Request the new Commission establish a process for the establishment of new underground utility districts, starting with the designation of Rule 20B Districts, but also for after the moratorium expires on new Rule 20A Districts; 5) Request an opinion from the City Attorney as to the requirement for the percentage of participation in underground utility districts; 6) Refer to a working committee of the City Manager, and a Council sub-committee of the new Commission made up of Mayor Dean and Councilmembers Olds and Armstrong: a) the viability of pursuing the transfer of uncommitted Rule 20A funds from other communities to Berkeley, b) establishment of a program to increase the annual Rule 20A allocation to the City, c) investigation of cost reduction measures which include undergrounding utilities in sidewalks which are replaced with pavers as done in Europe, utilizing pad-mounted transformers above ground, special drilling technology and the like, d) pursuit of grants for the purpose of increasing underground communities' accruals of "uncommitted allocations" carried over year to year; and 7) Explore increasing Rule 20A allocation by changing the allocation formula; 8) Explore the benefits from an economy of scale that might come from a Rule 20B project being an add-on to a Rule 20A project; 9) Explore new trenching technology that might be less expensive, and the possibility of using groups such as Community Conservation Corps to trench between street/sidewalk across private property; and 10) The Commission would be responsible for development of a mission statement (to be submitted to Council for approval) which would aggressively pursue undergrounding of utilities and mention such items as improving safety and how the City intends to proceed when low-income participants are involved, and which would position the City to pursue grants such as FEMA for safety purposes.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Polly Armstrong, Councilmember District 8, 644-6401
Actions: Moved, seconded, failed (Worthington/Spring; Noes – Armstrong, Olds, Woolley, Dean; Abstain – Maio) the substitute motion to refer the matter to the Public Works Commission and the Fire Commission.

Moved, seconded, carried (Maio/Armstrong; Noes – Worthington; Abstain – Breland, Spring) the main motion to approve the recommendation and adopt Resolution No.60,099-N.S. and a) clarifying that there is no commitment of funding at this time; b) expanding the criteria to include safety mitigation and safety systems involving trenching; and c) requiring that the two representatives from the Public Works Commission represent districts below Shattuck Avenue.

59. Civic Center Area Parking (removed from consent by Councilmember Spring and held over from June 8 meeting)
From: Mayor Dean
Recommendation:
1) Refer to the City Manager a proposal to call for a Request-For-Proposals that would result in a study of providing parking for the Civic Center area only; 2) that no sites which could serve the Civic Center area would be eliminated from the study; 3) that the study also include parking for on-duty users of the Public Safety Building; 4) that the School District and City enter into discussions to jointly fund such a study and process that could result from a Request-For-Proposals; 5) that the on-going discussion of this subject be referred to the Joint City-School District 2x2 Committee; 6) that whenever this subject is discussed by the 2x2 Committee, that Councilmember Spring, representatives of the Landmarks and Transportation Commissions, BAHA, and neighborhood representatives be noticed; and 7) that the City Manager report back as soon as possible for Council approval of any actions necessary to implement this item.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Held over to July 13, 1999.

60. State Tobacco Settlement Fund (removed from consent by Councilmember Spring and held over from June 8 meeting)
From: Mayor Dean
Recommendation:
That the Governor and the Legislature commit the Tobacco Settlement proceeds to a separate fund for health and health care, and approve a chart of "Options for Use of Tobacco Settlement Funds", with priorities being items 1, 4, 5, and 6, and inform our lobbyist in Sacramento with the request that all pertinent legislators be notified of Berkeley's position.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Held over to July 13, 1999.

61. Marina Improvements (held over from June 8 meeting)
From: Councilmember Maio
Recommendation:
Refer a request for $100,000 $80,000 for general public improvements to the Berkeley Marina to the budget process and request the Waterfront Commission to propose amenities.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Moved to the Consent Calendar by Councilmember Maio amending the item as above.

New Business:

63. Contract: Homelessness Prevention Program Funding
From: Independent Task Force on Homelessness
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Eden Council for Hope and Opportunities, Inc. (ECHO) to provide services under the Homelessness Prevention Program (HPP) in an amount not to exceed $220,000 for FY 2000 and FY 2001, and authorizing a two-month advance payment.
Contact: Jane Micallef, Secretary, 644-8616
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Take no action until these matters have been considered and a report can be submitted for Council consideration. While no budget provision has been made for the continuation of this program, it is recommended that, if funding is provided to the Housing Trust Fund, an allocation in the amount of $110,000 per year for a total of $220,000 over two years be made from the Housing Trust Fund to the Homelessness Prevention Program for administering this program.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Moved to the Consent Calendar by Councilmember Olds to approve City Manager recommendation.

64. Contract: HIV/AIDS Housing Assistance Program
From: Independent Task Force on Homelessness
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Catholic Charities of the East Bay to provide services under the HIV/AIDS Housing Assistance Program in an amount not to exceed $120,000 for FY 2000 and FY 2001, and authorizing a two-month advance payment.
Contact: Jane Micallef, Secretary, 644-8616
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Take no action until these matters have been considered and a report can be submitted for Council consideration. While no budget provision has been made for the continuation of this program, it is recommended that, if funding is provided to the Housing Trust Fund, an allocation in the amount of $60,000 per year for a total of $120,000 over two years be made from the Housing Trust Fund to the HIV/AIDS Housing Assistance Program for this program.
Action: Moved to the Consent Calendar by Councilmember Olds to approve the City Manager recommendation.

65. Commission on Child Care
From: Task Force on Child Care Compensation
Recommendation:
Adopt a Resolution establishing a Commission on Child Care and authorizing the Council to make appointments pursuant to the Fair Representation Ordinance (Berkeley Municipal Code Sections 2.04.030 through 2.04.130).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation:
That Council forgo creating a Commission on Child Care at this time but suggest it as a future project to incorporate some of the ideas and concerns of the child care community. There is no money allocated for the creation of this Commission or to support the programs. Furthermore, creating a Commission dedicated only to child care is a very narrow mission.
Contact: Stephen Barton, Housing, 644-6001
Action: Held over to July 13, 1999.

Information Reports

65. Formal Bid Solicitations and Requests for Proposals
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

66. Ecology Center Performance Measures (CR 99-39)
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Received and filed.

67. Status on the Retention of Urban Ore (CR 99-68)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action: Received and filed.

68. Ground Floor Food Service Business (CR 99-62)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action: Removed by the City Manager

69. Management Study of the Black Repertory Group
From: City Auditor
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Received and filed.

70. Fiscal Year 2000 General Audit Work Plan
From: City Auditor

Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Received and filed.

Communications

Action: Received and filed unless referred to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

1. Nicholas Burgoyne, regarding establishing a commission on City-University relations. Spring, Worthington, Dean

2. Beebo Turman and Karl Linn, Berkeley Community Gardening Collaborative, regarding funding for the Gardening Collaborative. Dean

3. L.A. Wood, regarding Pacific Steel Casting Co. permit review. Breland, Spring, Dean

4. Robin M. Donald, regarding Berkeley's 1979 Marijuana Ordinance. Spring, Dean

5. Mary Ciddio, regarding city-generated "anti-landlord propaganda." Olds, Breland, Dean

6. William Falik, regarding potential re-striping of traffic lanes on Claremont Armstrong, Olds, Breland, Dean

7. Regarding implementation of the Berkeley Bicycle Plan: Dean

a) Patrick McCully

b) Barry Bredt

8. John Threadgill, regarding poor police response to his calls. Breland, Spring, Dean

9. David Kessler, re: complaints about the Berkeley Transportation Commission. Armstrong, Olds, Breland, Dean

10. Kem Loong, Sr., regarding unsatisfactory refuse collection. Woolley, Breland, Spring, Dean

11. Regarding a University of California relations commission: Spring, Worthington, Dean

a) Nancy Holland

b) J.M. Sharp

12. Regarding traffic safety and unsafe intersections: Spring, Dean

a) Walter Cheng

b) Cristina DeMatus

13. John Vance, A First Amendment Center, regarding marijuana arrests in Berkeley Dean


SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Re: Item 29 – Zoning Appeal of Use Permit 99-20000026 – 2228 Sixth Street

1. Bob Howard Breland, Maio, Dean


Re: Item 31 – City Manager Supplemental Budget Reports

Re: Stop Light on Claremont and Ashby Avenues Armstrong, Spring, Worthington, Dean

2. Kay Hartshorn

3. Ann W. Connor

4. Brian Trelstad

5. William R. and Elizabeth Wade

6. Paul S. and Adelle Z. Proom

7. Maddox Rees

8. Martha Grubb

9. Gretchen and Dick Grant

10. Evelyn Johnson

11. Karen Bird

12. Mike and Taeko Jenkins

13. Lawrence R. Cotter

14. Roger Hoag, MD

15. Henry P. Stapp

16. Jacqueline Bandel and Robert H. Somers

17. Ama Torrance and C. J. David Davies

18. Fumitaka Matsuoka, Vice President for Academic Affairs & Dean, Pacific School of Religion

19. Burl Willes, Past President Elmwood Merchants Association

20. Barbara and Louis de Groot

21. Nina Rivkind

22. Cypanjun

23. Christopher S. Johnson, President, Vicente Canyon Neighborhood Assn.

24. John Turpin

25. Anita C. Eble

26. Winifred McLaughlin

27. Leonard Schwab and Rita Brenner

28. Maddox Rees, re: restriping of Claremont Avenue Dean

29. Brad Smith, re: Marina Enterprise Fund Maio

Re: Black Repertory Theater   Dean

30. Ruth Beckford

31. Don Link, Chairperson, Shattuck Neighborhood Crime Prevention Council

32. Jeff Hoffinger

33. Booker Pullen

34. John Vance,  re: police officers on Telegraph Avenue Dean

35. Tom Lent, re: bicycle improvements Dean

36. Richard Thomason, Chair, Transportation Commission, re: resolution regarding traffic circles Woolley, Armstrong, Olds, Dean

37. Pat McCullough, Rich Chan, Jim Milstead, et al re: proposed transfer of two FTE positions, Communications Technicians Breland, Dean

38. Michael Katz, re: Enhanced Community Safety: three polic officers Olds, Spring, Dean

39. Luanne Rogers, re: funding for Channel 25 Dean

40. Ann Gilbert, Columbus School, re: Berkeley Boosters Breland, Dean

Re: Item 32 – Amendments to City Manager’s Proposed FY 2000 and FY 2001 Budgets

41. Mayor Shirley Dean, revised budget recommendations

42. Councilmembers Linda Maio and Dona Spring, budget recommendations

Re: Item 49 – Minutes for Approval

43. James Keene, City Manager, Minutes of April 20, 1999

Adjournment

Actions: Moved, seconded, carried (Maio/Woolley) to extend the meeting past 11:00 p.m. Moved, seconded, carried (Worthington/Spring) to suspend the rules to continue the meeting past midnight to complete specific agenda items.

The meeting was adjourned at 12:20 a.m. in memory of James Gordon.


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