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2180 Milvia Street, Berkeley, CA 94704 
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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, JULY 20, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:41 p.m. – Absent - Breland and Maio.

Ceremonial Matters:

a. Proclamation: Rose and Robert White Day
Action:
Presented proclamation.

Comments From The City Manager:

a. The Parks and Waterfront Department's dedication of F and G Docks will be this Saturday, July 24th at 11 a.m. at the Berkeley Marina.
b. The Parks and Waterfront Department's Cesar Chavez Kite Festival is on Saturday and Sunday, July 24th and 25th.
c. The Totland at McGee and Virginia just received a great paint job financed by the Parks Mini-Grant. It's very positive looking and the City Manager urges people to go by and take a look.
d. The City held the "Get the Lead Out" Run/Walk last weekend. Over 300 people turned out and was considered very successful.

Comments From The Public: 15 speakers heard.

Consent Calendar

Action: Moved, seconded, carried (Worthington/Armstrong; Absent - Breland, Maio) to adopt the Consent Calendar in one motion except as indicated:

1. Ordinances for Second Reading

a. Adopting the Annual Appropriations Ordinance based on the adopted budget for Fiscal Year 2000 as proposed by the City Manager and amended by the City Council.
Action: Adopted second reading of Ordinance No. 6502-N.S., effective August 19, 1999. (Vote: Noes - Olds, Woolley; Absent - Breland, Maio)
b. Authorizing the execution and delivery of a lease agreement, a sublease agreement, and certain other actions in connection with the acquisition of a 6.4 acre park located at 4th and Harrison Streets, currently owned by the University of California.
Action: Adopted second reading of Ordinance No. 6503-N.S., effective August 19, 1999.
c. Amending Berkeley Municipal Code (BMC) Chapter 7.20 (Ordinance No. 6477-N.S.) to amend Section 7.20.047 B(3) relating to refunds of specified sewer bill overpayments.
Action: Adopted second reading of Ordinance No. 6504-N.S., effective August 19, 1999.
d. Adding Section 19.28.030 to the Berkeley Municipal Code (BMC) by adopting by reference only, Appendix Chapter 34 of the 1998 California Building Code.
Action: Adopted second reading of Ordinance No. 6505-N.S., effective August 19, 1999.
e. Authorizing the execution of a lease agreement and any amendments with the Berkeley Rowing Club, Inc. for the property located at 2851 West Bolivar Drive in Aquatic Park in an amount not to exceed $9,100 for three years.
Action: Adopted second reading of Ordinance No. 6506-N.S., effective August 19, 1999.
f. Authorizing the execution of a lease agreement and any amendments with the Berkeley Waterski Club, Inc. for the property located at 2821 West Bolivar Drive in Aquatic Park in an amount not to exceed $9,100 for three years.
Action: Adopted second reading of Ordinance No. 6507-N.S., effective August 19, 1999. (Vote: Abstain - Spring; Absent - Breland, Maio)

2. Settlement: Public Liability Claim
From: City Manager
Recommendation:
Adopt a Resolution authorizing a settlement of Public Liability Claim
99-148 in the amount of $8,808.13 to State Farm Insurance as subrogee for Gary Cohn, insured.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,128-N.S.

3. Contract: Exhibit Community and Regional Art
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Art Center Association (BACA) to present exhibitions of significant community and regional art and to serve as a catalyst for arts enrichment, advocacy and community participation in an amount not to exceed $117,504 for the period August 1, 1999 through July 30, 2001.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Adopted Resolution No. 60,129-N.S.

4. Contract: Community Development Services and Projects
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the West Berkeley Neighborhood Development Corporation in an amount not to exceed $60,000 for community development services and projects from August 1, 1999 through July 31, 2000.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Adopted Resolution No. 60,130-N.S.

5. Contract: Cabling and Telephone Design for Public Safety and Civic Center Buildings
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Smith, Fause and McDonald, Inc. in an amount not to exceed $80,000 for assistance in developing design and specifications of the cabling architecture and telephone system for a competitive bid package for the new Public Safety and Civic Center Buildings for the period ending December 31, 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Adopted Resolution No. 60,131-N.S. (Noes - Worthington)

6. Side Letter Agreement: Part-Time Recreation Leaders Association
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Part-Time Recreation Leaders Association, an affiliate of Service Employees International Union, Local 535 (PTRLA), to provide retiree health benefits to Benny C. Mitchell.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,132-N.S.

7. Side Letter Agreement: Service Employees International Union (SEIU) Local 535
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 535, to provide a retroactive salary adjustment in the total amount of $15,400 for both Fiscal Year 1999 and Fiscal Year 2000 for the Senior Building Plans Examiner and Senior Building Inspector under Sections 10.13 and 31.2 of the current Memorandum Agreement (MOU) with Local 535.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,133-N.S.

8. Council's Discretionary Expenditure (D-13) Accounts Policy (to be delivered)
From: City Manager
Recommendation:
Adopt two Resolutions to: 1) Rescind Resolution No. 58,833-N.S. and a) increase the amount allocated for Council Aide salaries from $26,000 to $36,000 per year, b) establish that allocations for Council Aide salaries be increased beginning in FY 2001, and annually thereafter, consistent with the increase provided to the unrepresented class of City employees, c) provide that applicable fringe benefits including CalPERS retirement benefits, be provided through a minimum allocation of $5,000, to be adjusted in future years to reflect actual fringe benefit costs, d) provide for carry-over of unexpended FY 1999 appropriations to FY 2000 for non-personnel expenditures only and e) commencing in FY 2000, provide for annual carry-over of unexpended discretionary appropriations (excluding fringe benefit allocations) to subsequent fiscal years for non-personnel expenditures only; and 2) Provide that the additional $15,000 allocated to Councilmember Spring be authorized for expenditures related to additional staff support, professional contract services and/or temporary personnel service contracts.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Actions: Removed from Consent Calendar by Councilmember Armstrong. Moved, seconded, failed (Armstrong/Worthington; Noes - Olds, Dean; Abstain –Woolley; Absent - Breland, Maio, Shirek) to approve the recommendation amended to delete the word "minimum" in (1a) and to add the words "other employees" after Council Aide. Held over to a future meeting.

9. Contract: Berkeley TRiP
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Regents of the University of California to act as Administrator for Berkeley TRiP including a City allocation of $75,400 to TRiP for Fiscal Year 1998-99.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,134-N.S.

10. Contract: Washington/Adams Relief Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Washington/Adams Relief Sewer Project located on Adams Street from Clay Street to Washington Avenue and continuing on Washington Avenue to Curtis Street in Albany; accepting the bid of JSJ Pipeline Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,431,390 for a period of 180 days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,135-N.S.

11. Contract Amendment: Albany Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Harris and Associates for the Albany Sewer Project Construction Administration by increasing the amount $266,200 for a total not to exceed $860,000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,136-N.S.

12. Purchase Order: Street Lights for Euclid/Leroy, Los Angeles/Mariposa and Arlington Underground Utility Districts
From: City Manager
Recommendation:
Adopt a Resolution rejecting the bids of Spring City Electric Manufacturing Company and Francisco Electric, and awarding a Purchase Order to J.A. Momaney for furnishing ornamental street light fixtures and poles for the Underground Utility Districts of Euclid/Leroy, Los Angeles/Mariposa and The Arlington in an amount not to exceed $203,250 for a 12-month period with an option to extend an additional 12 months up to a maximum of two years.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,137-N.S.

13. Contract: Sanitary Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Wildcat Canyon Road, Park Hills Road, Woodside Road, Hillview Road and The Crescent; 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 $1,430,270, for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,138-N.S.

14. Contact: Marina Dredging
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Concept Marine Associates by increasing the contract in an amount not to exceed $85,000 for bathymetric surveying and environmental testing services for the period July 26, 1999 to December 31, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Withdrawn by the City Manager.

15. Contract: City Banking Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bank of the West for City banking services in an amount not to exceed $220,000 for a period of three years with a one-year renewal option.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,139-N.S.

16. Purchase Order: Photocopy Expenditures
From: City Manager
Recommendation:
Adopt a Resolution approving exceeding the $25,000 limit on a purchase order for photocopying and related services for Fiscal Year 1999 and authorizing an expenditure of $43,403 to Kinko's.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,140-N.S.

17. Purchase Order: Recycled Paper and Related Products
From: City Manager
Recommendation:
Adopt a Resolution approving exceeding the $25,000 limit on a purchase order for recycled paper and related paper products and authorizing an expenditure of $33,053 to Unisource.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,141-N.S. Councilmember Spring requested staff explore getting a higher post-consumer content in products and also utilizing the County’s contract.

18. Public Environmental Review of San Francisco Airport Expansion
From: Councilmember Olds
Recommendation:
Join the San Francisco Board of Supervisors and urge the City of San Francisco Planning Department and the Federal Aviation Administration to conduct a complete and open environmental review for a proposal by San Francisco International Airport (SFO) to place fill in San Francisco Bay for additional runways.
Contact: Betty Olds, Councilmember District 6, 644-6399
Action: Approved recommendation.

19. Reimbursement of Refuse Overcharges
From: Councilmember Olds
Recommendation:
Refer to the City Manager a request to amend City policy, Berkeley Municipal Code Section 7.20 (BMC) to allow refunds on refuse overcharges to go back three years rather than the current one-year period.
Contact: Betty Olds, Councilmember District 6, 644-6399
Action: Approved recommendation.

20. Oppose Closure of Oakland Kaiser Permanente Hospital
From: Councilmembers Worthington and Breland
Recommendation:
Adopt a Resolution opposing the closure of Oakland Kaiser Permanente Hospital; request the City Clerk send letters notifying Congresswoman Barbara Lee, State Senator Don Perata, State Assemblywoman Dion Aroner, and Alameda County Supervisor Keith Carson of Berkeley's position.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400
Action: Adopted Resolution No. 60,142-N.S.

21. Endorse AB 1682: Raise Wages and Benefits for Home Health Care Workers
From: Councilmember Spring
Recommendation:
Endorse Assembly Bill 1682 by: 1) writing a letter in support of the budget trailer 1682 which will raise the wages for in-home health service providers for seniors and severely disabled persons in California by $.50 for Fiscal Year 2000 only; 2) urging continued support for wage increase as well as the provision for benefits in next year's budget when AB16 will be reintroduced and request that these wage and benefit increases be made a priority in future budgets; 3) sending letters to Governor Gray Davis, Senator Don Perata, and Assemblywoman Dion Aroner urging their support for this critically needed funding; and 4) sending a letter to the Alameda County Board of Supervisors requesting they take advantage of this year's additional State money by raising attendant care wages to $6.25 $6.50 immediately.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation as amended by Councilmember Spring above.

22. General Plan Process
From: Councilmember Spring
Recommendation:
Take action on the General Plan process: 1) redirect the process requesting that the General Plan be redrafted and that the second draft return the City of Berkeley to the current zoning and to the various recently completed area plans and refer staff to the June 16, 1998 Council directive to the Planning Commission on the issue of height bonuses; 2) extend the comment period of the draft General Plan by 60 days; 3) release the revised General Plan for comments before a draft Environmental Impact Report (EIR) is released; and 4) return to Council in September with a report on the General Plan redraft.
Contact: Dona Spring, Councilmember District 4, 644-6266
a. City Manager Report
Recommendation: Maintain the approved General Plan update process, work plan and schedule endorsed by the Council on February 23, 1999 (Resolution No. 59,892-N.S.)
Action: Revised by Councilmember Spring as underlined above. Removed from Consent Calendar by Councilmember Armstrong. Held over to a future meeting.

23. State Infrastructure Bank
From: Mayor Dean
Recommendation:
Request the City Manager do an analysis of funding up to $47.5 million of unfunded street repairs through a loan from the newly established State Infrastructure Bank; that the City Manager is to consider the source of funds to be used for payback of this loan as the General Funds which have been designated for street repair (approximately $1 million); that given the interest rate which will be imposed and the amount of available funds for payback that the City Manager advise the Council what size loan would be appropriate and what steps should be taken at our next meeting September 14, 1999.
Contact: Shirley Dean, Mayor, 644-6484
Action: Removed from Consent Calendar by Councilmember Spring. Held over to a future meeting.

24. Waiving Fees for Business Street Faire
From: Mayor Dean
Recommendation:
Adopt a Resolution co-sponsoring the Business Street Faire with the Business & Professional Christian Ministry of Berkeley Mt. Zion Missionary Baptist Church on August 21, 1999, and waiving all fees (special event permit, sound amplifier permit, noise variance, inspection and processing of temporary/special event food booths and food facility plan, and check deposit fee).
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action: Combined with Item 33 and adopted Resolution No. 60,143-N.S.

25. Waiving Fees for Shotgun Players Performances
From: Mayor Dean
Recommendation:
Adopt a Resolution co-sponsoring the Shotgun Players twilight production of Romeo and Juliet during six weekends in August and September by waiving the $99 daily fee.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Adopted Resolution No. 60,144-N.S.

26. Appoint Alternate Representatives for Route 24/Caldecott Tunnel Corridor Policy Committee
From: Mayor Dean
Recommendation:
Confirm the Mayor's recommendation to appoint Councilmember Polly Armstrong and Mayor Shirley Dean as alternates to serve as City of Berkeley representatives on the Route 24/Caldecott Tunnel Corridor Policy Committee.
Contact: Shirley Dean, Mayor, 644-6484
Action: Removed from Consent Calendar by Councilmember Worthington. Held over to a future meeting.

27. Support AB 1195: One-Time Property Tax Revenue Allocation for Local Agency Relief
From: Mayor Dean
Recommendation:
Endorse AB1195, a one-time property tax revenue allocation for local agency relief, and direct the City Clerk to send a letter of support to our State representatives and lobbyist in Sacramento.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action: Approved recommendation.

28. Support AB 1612: City and County Road Repairs and Reconstruction
From: Mayor Dean
Recommendation:
Endorse AB1612, City and County road repairs and reconstruction, and direct the City Clerk send a letter of support to our State representatives and lobbyist in Sacramento.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action: Approved recommendation.

29. Support AB 1475: Safe Routes to School Program
From: Mayor Dean
Recommendation:
Endorse AB1475, safe routes to school program, and direct the City Clerk to send a letter of support to our State representatives and lobbyist in Sacramento.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action: Approved recommendation.

30. Support AB 779: Transit and Land Use Planning
From: Mayor Dean
Recommendation:
Endorse AB779, transit and land use planning, and direct the City Clerk to send a letter of support to our State representatives and lobbyist in Sacramento.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action: Approved recommendation.

31. Suspending Council Rules Regarding Taking Action at July 20th Council Meeting
From: Councilmember Spring
Recommendation:
Suspend Council's Rule about not taking action at the second meeting of the month (July 20th Council meeting), given it is the last meeting before the Summer Recess.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

32. Dredged Material Management Plan for San Francisco/Oakland Bay Bridge East Span Seismic Safety Project
a. Mayor Dean Report dated July 13, 1999
Recommendation:
Refer to the City Manager and the Community Environmental Advisory Commission (CEAC), the June 1999 "Dredged Material Management Plan" for the San Francisco-Oakland Bay Bridge East Span Seismic Safety Project requesting preparation of comments on behalf of the City, such comments should be received by CalTrans by July 21, 1999, and request the City Clerk to place this subject on the Agenda for the July 20th Council Meeting.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
b. Community Environmental Advisory Commission Report dated July 20, 1999 (to be delivered)
Recommendation: Communicate the following comments on the Dredged Materials Management Plan (DMMP) for the San Francisco Bay Bridge East Span Seismic Safety Project (ESSSP) to Caltrans District 4: a) the sediment study in the DMMP is pre-mature and incomplete and should be resubmitted when final analyses of sediments are available; b) the DMMP accepts ocean dumping while it lacks detailed studies of impacts to ecological receptors such as crustaceans, mollusks, algae, and other organisms and their larval stages; c) decisions on disposal site of sediments should not be primarily c ost based; d) uncontaminated sediments should be seen as a resource and not a waste; e) land disposal is a preferable disposal site of sediments; e) land disposal is a preferable disposal site of sediments; f) the study should include alternatives to trucking sediments to land disposal sites, such as barging to levees or wetland areas; and g) controlling sediment dispersion during dredging by the use of a "curtain" should be a requirement, not an option in the DMMP. Verification of the effectiveness of the curtain should be ongoing during dredging.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
c. City Manager Report dated July 20, 1999 (to be delivered)
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Approved Commission’s recommendation.

33. Waiving Fees for Berkeley Mount Zion Missionary Baptist Church Business Street Faire
From: Councilmembers Breland and Maio
Recommendation:
Adopt a Resolution waiving fees for permits, sound amplification, noise variance, and street barricades associated with the Berkeley Mount Zion Missionary Baptist Church Annual Business Street Faire on August 21, 1999 on Camelia Street between 7th and 8th Streets.
Contact: Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359
Action: Adopted Resolution No. 60,143-N.S. as part of Item 24.

34. Action on KPFA Crisis
From: Councilmembers Spring and Woolley
Recommendation:
Adopt a Resolution 1) requesting the City Manager write a letter and FAX each Pacifica Board member and the the Executive Director of the Corporation for Public Broadcasting stating: a) KPFA should be put back on the air; b) the lockout should end and employees and volunteers permitted access to perform their valuable services to our community; c) Nicole Sawaya, Larry Bensky, Robbie Osman, and Dennis Bernstein should be brought back; d) the gag rule and warning notices for breaking the gag rule should be rescinded; e) a process should be established for democratic representation of local stations on the Pacifica Board; 2) the City Manager shall continue to minimize use of police while ensuring merchants’ businesses entrances on MLK are not blocked and while responding to complaints by nearby residents regarding the noise ordinance for late evenings; 3) endorsing the community forum where both KPFA and Pacific Management can present their views currently scheduled on Channel 25 for July 24th , 1:00 p.m. to 2:00 p.m. ) Resending the letter Council sent them on April 16, 1999; 2) Informing them of the drain that the ongoing KPFA crisis has had in dollars and human power on the City of Berkeley's Police resources and budget; 3) Inform the Pacifica Board that the City lacks the resources to continue responding to the crisis that the Pacifica Board has left festering for months; 4) There are massive protests by thousands of Berkeley citizens against the Pacifica Board's firings of beloved KPFA staff; 5) That the stonewall approach by the Pacifica Board to not even consider rehiring the community supported staff is an untenable position that will only deepen this growing mass demonstrations, protests and civil disobedience; 6) Request a report from the Police Chief on the cost in personnel and other costs to respond to the siege of protestors at KPFA; and 7) Schedule an evening community forum where both KPFA and the Pacifica Management can present their views at the Berkeley Community Theater to be covered by the Berkeley Community Media and carried on Channel 25.
Resending the letter Council sent them on April 16, 1999; 2) Informing them of the drain that the ongoing KPFA crisis has had in dollars and human power on the City of Berkeley's Police resources and budget; 3) Inform the Pacifica Board that the City lacks the resources to continue responding to the crisis that the Pacifica Board has left festering for months; 4) There are massive protests by thousands of Berkeley citizens against the Pacifica Board's firings of beloved KPFA staff; 5) That the stonewall approach by the Pacifica Board to not even consider rehiring the community supported staff is an untenable position that will only deepen this growing mass demonstrations, protests and civil disobedience; 6) Request a report from the Police Chief on the cost in personnel and other costs to respond to the siege of protestors at KPFA; and 7) Schedule an evening community forum where both KPFA and the Pacifica Management can present their views at the Berkeley Community Theater to be covered by the Berkeley Community Media and carried on Channel 25.
Contact: Dona Spring, Councilmember District 4, 644-6266; Diane Woolley, Councilmember District 5, 644-6294
Actions: Removed from the Consent Calendar by Councilmember Olds. Item submitted as a revised resolution as underlined above and sponsored by Councilmembers Spring and Woolley.

Moved, seconded, failed (Armstrong/Olds; Noes - Shirek, Spring, Woolley, Worthington; Absent - Breland, Maio) a substitute motion to support KPFA being put back on the air live with the support and not at the expense of the union; to direct the City Manager to use only the minimum police force necessary to maintain the health and safety of the citizens; to encourage and support the continuation of mediation work started today; and to support the establishment of a process for democratic representation of local stations and their communities on the Pacifica Board.
Moved, seconded, failed (Worthington/Spring; Abstain - Armstrong, Olds, Dean; Absent - Breland, Maio) the main motion to adopt the Resolution as underlined above.

To be reconsidered at a future meeting.

35. Grant Funding
From: Civic Arts Commission
Recommendation:
Adopt a Resolution approving the Civic Arts Commission funding recommendations and authorizing 53 grants in the amount of $80,988, to support arts and cultural activities during Fiscal Year 2000.
Contact: MaryAnn Merker-Benton, Secretary, 705-8183
a. City Manager Report
Recommendations: Concurs with the content and recommendations of the Commission.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Adopted Resolution No. 60,145-N.S.

Presentations

36. Update on San Pablo Avenue Transit Corridor
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Held over to a future meeting.

Priority

37. Contract: Collaborative Software
From: City Manager Report dated July 13, 1999
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Inacom Information Systems to install Collaborative Software in an amount not to exceed $340,000 for the period ending December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820
Action: Moved to Consent Calendar by Councilmember Spring. Adopted Resolution No. 60,146-N.S. (Noes - Worthington)

Public Hearings

38. Public Hearing: Fee Increases at the Berkeley Marina
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution establishing a fee schedule for services rendered at the Berkeley Marina: a) impound fee; b) electronic key pass; c) seasonal/monthly boat launch pass; d) reconstructed F & G Docks; e) Docks A through E and H through S (skiff berths); f) dry storage; g) daily launch ramp use; and h) visiting vessels and trimarans; and rescinding Resolution No. 59,387-N.S.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Public Testimony: The Mayor opened the public hearing. One speaker heard. Moved, seconded, carried (Spring/Woolley; Absent - Breland, Maio) to close the public hearing and reschedule a new public hearing with new notification to include proposed berth fees within the notice and to require posting of the notice at the Marina.

39. Public Hearing: City-Owned Off-Street Parking Lots and Garages
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt five Resolutions: a) Amending Resolution No. 44,147-N.S., to increase rates and charges for Sather Gate Garage; b) Increasing rates and fixing hours of operation for Center Street Garage, and rescinding Resolution No. 39,095-N.S.; c) Amending Resolution No. 57,678-N.S. to provide that Oxford-Fulton Street Lot remain attended, and changing the fee structure to a graduated rate to encourage short-term parking; d) Amending Resolution No. 57,679-N.S. to provide that Berkeley Way Lot be returned to a metered lot, but until such time, the fees be increased for longer lengths of stay to encourage short-term parking; and e) Authorizing the purchase of parking meters at Berkeley Way Lot at a cost of $73,450 from the Parking Meter Fund retained earnings.
Contact: Frances David, Finance, 644-6476
Public Testimony: The Mayor opened the public hearing. Two speakers heard. Moved, seconded, carried (Armstrong/Spring; Absent – Breland, Maio, Shirek, Woolley) to close the public hearing.
Action: Moved, seconded, carried (Armstrong/Worthington; Absent - Breland, Maio, Woolley) to adopt Resolution No. 60,147-N.S. for Center Street; Resolution No. 60,148-N.S. for Oxford Street; Resolution No. 60,149-N.S. for Berkeley Way; Resolution No. 60,150-N.S. for installation of meters at Berkeley Way Lot; and Resolution No. 60,151 for Sather Gate Garage amended as requested by TAA to: a) raise the monthly parking fees as proposed, but reduce number of spaces , b) reduce the evening rate to $3, c) maintain special events rate at $20 except to raise the rate to $25 for both football and basketball events; d) provide for first hour rate of $0.25 and second hour rate of $0.75; e) require the garage be kept open until 1:45 a.m. on weekends and make sure there is access other than the ramp; and f) as a pilot project whitewash ceiling on one floor and analyze impact on energy conservation, safety and increased lighting.

The motion also included directing staff to schedule a public hearing for September for increased fees for the Oxford lot to provide for a daily maximum of $15 per day and increased special event fees for basketball and football of $25 and to direct staff to report back, if necessary, on any financial impact with the changed rates for Sather Gate Garage.

40. Public Hearing: Financing of Certain Public Capital Improvements Through The Berkeley Joint Powers Financing Authority
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution making certain findings and issuing bonds by the Berkeley Joint Powers Financing Authority related to the financing of the Berkeley Repertory Theatre expansion and the acquisition and development of a park (playing fields).
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Worthington; Absent – Breland, Maio) to close the public hearing.
Actions: Moved, seconded, carried (Armstrong/Olds; Absent – Breland, Maio) to adopt Resolution No. 60,152-N.S.
Moved, seconded, carried (Worthington/Spring; Absent – Breland, Maio, Olds) to direct the City Manager to evaluate and report back on the feasibility of issuing certificates of participation, lease revenue bonds, or other funding mechanisms in the amount of $1 million for art organizations and institutions with a comparable match.

41. Public Hearing: Annual Assessment for Elmwood Theater Business Improvement Area
From: Advisory Board for the Elmwood Theater Business Improvement Area
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution approving the levy of assessments for the Elmwood Theater Business Improvement Area for Fiscal Year 2000.
Contact: Bill Lambert, Economic Development, 705-8180
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Bill Lambert, Economic Development, 705-8180
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Worthington; Absent - Maio, Breland) to close the public hearing.
Action: Moved, seconded, carried (Armstrong/Worthington; Absent - Breland, Maio) to adopt Resolution No. 60,153-N.S.

42. Public Hearing: Annual Assessment for Telegraph Property and Business Improvement District
From: Property Owners' Council for the Telegraph Property and Business Improvement District
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution confirming the Annual Report of the Property Owners' Council for the Telegraph Property and Business Improvement District for Fiscal Year 2000 and levying assessments.
Contact: Bill Lambert, Economic Development, 705-8180
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Bill Lambert, Economic Development, 705-8180
Public Testimony: The Mayor opened the public hearing. One speaker heard. Moved, seconded, carried (Armstrong/Olds; Absent - Maio, Breland, Shirek) to close the public hearing.
Action: Moved, seconded, carried (Armstrong/Worthington; Absent - Breland, Maio, Shirek) to adopt Resolution No. 60,154-N.S.

Action Reports

Old Business:

43. Oppose SB 428: San Francisco Bay Area Water Transit (removed from Consent by Councilmember Worthington and held over from July 13 meeting)
From: Councilmember Worthington
Recommendation:
Oppose SB 428 unless it is amended to: 1) eliminate the provisions that authorize operation of a water transit system; 2) restrict the mandate of the Authority to development of a business plan; 3) specify that the members of the authority must be local elected officials appointed by the Boards of Supervisors and City Selection Committees of the nine Bay Area Counties; 4) require consistency of the business plan with the Regional Transportation Plan; and 5) require the Authority to follow the Federal Transit Administration's guidelines for Major Investment Studies; and that the City Clerk send a letter opposing SB 428 to State Assemblywoman Dion Aroner.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
a. Transportation Commission Report dated July 20, 1999 (to be delivered)
Recommendation: Support continued exploration of establishing ferry service from Berkeley to San Francisco, with guidelines: a) That planning for new ferry service and a new ferry terminal consider the parking, access, bus service, land use, dredging, and other impacts identified in the Metropolitan Transportation Commission's Regional Ferry Plan Update; b) That new ferry service be developed in coordination, not competition, with AC Transit Transbay and local service; c) That new ferry service not compete with existing transit operating or capital funds; and d) That new ferry service not receive a disproportionate share of new funding sources available for transit operating or capital costs.
Contact: Nathan Landau, Secretary, 705-8136
Action: Held over to a future meeting.

44. Recycle Polyethylene Terephthalate (PET) Bottles (removed from Consent by Councilmember Woolley and held over from July 13 meeting)
From: Solid Waste Management Commission
Recommendation:
Adopt a Resolution urging the Coca-Cola Company to use recycled Polyethylene Terephthalate (PET) in product bottles, to use recycled materials in other containers, and commit to introducing refillable plastic soda bottles in the United States; and requesting the City Manager send the Resolution to the Coca-Cola Company.
Contact: Debra Kaufman, Secretary, 665-8891
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Councilmember Woolley and adopted Resolution No. 60,155-N.S. amended by Councilmember Woolley to recommend the Coca-Cola Company use glass for their containers and failing that use recycled PET.

45. Process to Amend West Berkeley Plan and Zoning Ordinance
From: Mayor Dean and Councilmember Olds - revised report dated July 20, 1999
Recommendation:
Request the City Manager initiate a process to amend the West Berkeley Plan and Zoning Ordinance (as necessary) to allow retail in the Mixed Use-Light Industrial District on Eastshore Highway between Hearst and Virginia (approximately a one-block area), that if in the course of this process, staff and involved commissions determine the area should be different from what is described above, they should feel free to make that recommendation to the Council.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399
Action: Held over to a future meeting.

Information Reports

46. Development Impact Fee Waivers (CR98-03 and 98-90)
Contact: Bill Lambert, Economic Development, 705-8180; Liz Epstein, Planning and Development, 705-8105
Action: Received and filed.

47. Tuberculosis Control Program Grant
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Received and filed.

48. Stop Sign at Channing Way and Bonar Street (CR 99-72)
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Received and filed.

49. City's Investment Policy
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

50. Mayor's Task Force on Animal Care and Control
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

51. Update on Y2K Readiness Activities
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

52. Evaluation of the Speed Hump Program
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Received and filed.

53. Update and Status on Living Wage Issue
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

54. Management Study of the Black Repertory Group
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. Patrick Kennedy, Panoramic Interests, regarding Berkeley businesses moving to Emeryville; housing shortage in Berkeley; public transit.

2. Serge Testa, Berkeley Yacht Club, signed petition regarding marina rate increases. Woolley

3. Marylene Clegg, regarding Haas Pavilion, and the establishment of a University Relations Commission. Spring, Worthington

4. Identical postcards regarding the recovery of California salmon and steelhead: Olds, Spring

a. Arthur Freyer
b. Scott Selmander

5. Gene Bernardi, Committee to Minimize Toxic Waste, regarding a public health assessment of LBNL and the Lawrence Hall of Science. Spring, Worthington

6. John DeClercq, TransAction Companies Ltd., regarding Berkeley businesses moving to Emeryville; smart growth and revisions to UL 10 (density in the urban core of Berkeley). Olds

7. George Kauffman, regarding fighting in Kosovo, the Balkans, Belgrade, etc.

8. David Kessler, regarding restriping Claremont.

9. Myron Moskovitz, regarding maintenance of city tennis courts. Spring

10. Clifford Fred, regarding the Draft General Plan. Spring

11. Robert Maggi, US Dept. of State, regarding US landmine policy. Olds

12. Michael Avcollie, Dan Ehresman, Monica Forgnoni, Georgette Gomez, Daniel McGowan, Heather McCausland, Leonie Newhousse, Suzanne Savoie, William Slattery, Andres Tirman, Heidi Vitlacil, Michael Messenheimer, regarding genetic engineering. Spring

13. John Vance, A First Amendment Center, regarding Leonard Peltier; repression of librarians in Cuba.

Supplemental Communications and Reports

Re: Item 34, KPFA Crisis
1. Deborah Green
2. Erik Beckjord
3. John Vance, A First Amendment Center (3)
4. William Bogert/Stephanie Nichols
5. savepacifica

Re: IEER letter re Tritium issues
6. Dr. Arjun Makhihani, President, Institute for Energy and Environmental Research. Worthington referred to the City Manager for an immediate response due to time sensitive issues.

Adjournment

Action: Moved, seconded, carried (Armstrong/Spring; Absent - Breland, Maio, Woolley) to suspend Council rules to extend the meeting until midnight to complete the agenda.

The meeting adjourned at 12:00 a.m.


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