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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, NOVEMBER 23, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:04 p.m. All present.

Ceremonial Matters:
a. Award Ceremony and Prizes for Children's Recycled Art Contest
Action:
Held award ceremony.
b. Proclamation: World AIDS Day December 1, 1999
Action:
Presented proclamation.

Comments from the City Manager:

  • City offices will be closed November 25-26, 1999 for Thanksgiving holiday.
  • Police Department, Boosters, Rotary Club and approximately 75 volunteers prepared 225 food baskets for the needy today.
  • Holiday concerts will be held in Downtown Berkeley during December.
  • Telegraph Holiday Fair begins December 4, 1999.
  • Winter Shelter Program begins December 6, 1999 and the Oakland Army Base Winter Shelter Program begins December 15, 1999.

Action: Requested a report from the City Manager on homeless shelter programs in the City.

Comments from the Public: Fifteen speakers.

Consent Calendar

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

1. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the meetings of: a) November 2, 1999 (regular); and b) November 9, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action:
Approved minutes of November 9, 1999. Minutes of November 2, 1999 held over by Mayor Dean.

2. Ordinance for Second Reading
(First Reading Vote - Ayes: Unanimous)
a.
Summarily vacating a portion of the public-right-of-way, conveying the City's interests in the vacated property to Barry J. Eichengreen and accepting an easement dedication from Barry J. Eichengreen for public right-of-way purposes
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action:
Adopted second reading of Ordinance No. 6515-N.S. Effective: December 23, 1999.

3. Memorandum of Understanding: San Pablo Avenue Corridor Management
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Cities of Albany, El Cerrito, Emeryville, Hercules, Oakland, Pinole, Richmond, and San Pablo, for San Pablo Avenue Corridor Management, for the term ending November 1, 2006.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:
Adopted Resolution No. 60,317-N.S.

4. Investment Policy and Retiree Medical Investment Program
From: City Manager
Recommendation:
Adopt two Resolutions: 1) Adopting a revised City of Berkeley Statement of Investment Policy and rescinding Resolution No. 55,872-N.S., and 2) Establishing a Retiree Medical Investment Program.
Contact: Frances David, Finance, 644-6476
Action:
Adopted Resolution No. 60,318-N.S. and Resolution No. 60,319-N.S. to include Councilmember Woolley’s recommendation that the Citizens Budget Commission review the Investment Policy in the future.

5. Fiscal Year 2000 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation:
Adopt a Resolution providing for the borrowing of funds and the sale and issuance of Fiscal Year 2000 Tax and Revenue Anticipation Notes in an amount not to exceed $15 million.
Contact: Frances David, Finance, 644-6476
Action:
Adopted Resolution No. 60,320-N.S.

6. Sole-Source Contract: Computer for Police Mobile Data System
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with ElectroCom Communications Systems Incorporated in an amount not to exceed $38,000 for a compliant message switch computer for the Police Department Mobile Data System.
Contact: Dash Butler, Police, 644-6568
Action:
Adopted Resolution No. 60,321-N.S.

7. Renaming James Kenney Park Gymnasium in Honor of James Mitchell
From: Councilmember Maio
Recommendation:
Approve the placement of a plaque at the James Kenney Recreation Center honoring James Mitchell, a recently deceased member of the James Kenney Neighborhood Watch. The plaque would dedicate the gymnasium to Mr. Mitchell and be placed there at the regular meeting of the Neighborhood Watch on December 9th.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

8. Schedule Presentation With Fire Chief and Fire Safety Commission
From: Councilmembers Armstrong and Olds
Recommendation:
Schedule a presentation and discussion with the Fire Chief and the Fire Safety Commission at the January 25, 2000 Council meeting.
Contact: Polly Armstrong, Councilmember District 8, 644-6401; Betty Olds, Councilmember District 6, 644-6399
Action: Approved recommendation.

9. Support World Atomic Safety Holiday (Y2K Wash)
From: Councilmember Worthington
Recommendation:
Send letters in support of the World Atomic Safety Holiday (Y2K WASH) to President Clinton, the Senate Y2K Committee, Congresswoman Barbara Lee, U.S. Senators Dianne Feinstein and Barbara Boxer and ask our leaders to do the following: 1) Temporarily shut down all nuclear reactors and other nuclear installations (such as waste and processing facilities) during Rollover weekend and bring them back online after January 1, 2000 only when they are fully tested and verified Y2K compliant and the stability of the electricity grid has been re-established; 2) Take nuclear weapons off hair-trigger alert and remove warheads from delivery systems; 3) Provide reliable and redundant backup generators with at least 60 days fuel supply in every nuclear installation (including waste storage pools), to keep them stable and under control; 4) Suspend transport of all nuclear materials until the "inevitable" Y2K disruptions are over; 5) Make certain that emergency procedures are in place to inform and protect the public in every community with nuclear facilities; 6) Compensate the staff of nuclear facilities for lost overtime or wages and extra hazardous conditions. The six provisions of the World Atomic Safety Holiday need the support of our responsible National and State leaders.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:
Approved recommendation. (Abstain - Armstrong)

10. Establish Deadline for Waiving Liens for 2501 Haste Street
From: Councilmember Worthington
Recommendation:
Request the City Manager review if there are any legal impediments to the City establishing a deadline for exercise of the waiving of liens for 2501 Haste Street. If a deadline is legally permitted, then have the City Manager suggest feasible deadlines, and review whether to initiate a contract clearly stating the City’s requirements for waiving the liens.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:
Removed from the Consent Calendar by Mayor Dean and held over to December 7, 1999.

11. Support Student Aid Funding
From: Councilmember Worthington
Recommendation:
Send letters in support of student aid funding as a priority in the education funding bill to: President Clinton, OMB Chief Jack Lew, Representatives Bill Young, David Obey, John Porter, Dennis Hastert, Dick Gephardt, and Tom Delay, Senators Ted Stevens, Robert Byrd, Arlen Specter, Tom Harkin, Trent Lott, and Tom Dashle, Congresswoman Barbara Lee, and U.S. Senators Feinstein and Boxer.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:
Approved recommendation.

12. Pedestrian Safety Along Ashby Avenue
From: Councilmembers Worthington and Spring
Recommendation:
Request rapid and expedited action to improve pedestrian safety along Ashby Avenue, including consideration of eight steps: 1) Improve the Ashby Avenue/Piedmont intersection and others like it in the immediate corridor; 2) Build an appropriate memorial with Sharon Spencer’s name at the site as a reminder to motorists; 3) Take steps in an attempt to transfer responsibility from Caltrans to the City by removal of Ashby from the State Highway System; 4) Expand the crosswalk painted areas to include the path-of-travel between wheelchair-ramp corners; 5) Purchase and install 100 wheelchair-crossing warning signs and install them at the most hazardous wheelchair crossings; 6) Purchase and install 100 warning/information signs instructing motorists that pedestrians have the right-of-way when crossing at crosswalks; 7) Triple the fine for failing to yield to a pedestrian using a crosswalk; 8) Increase enforcement of laws that require motorists to yield to pedestrians who are trying to cross at crosswalks.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266
a. From Councilmember Spring
Recommendation:
Add to the above recommendation: Request the City Manager write two letters expressing the dismay and anger of citizens regarding Sharon Spencer's death and the need for pedestrian safety to: 1) Caltrans requesting they install a pedestrian-activated traffic signal at Piedmont and Ashby and other pedestrian intersections on Ashby and that the allowable speed limit on Ashby Avenue be reduced; and 2) District Attorney requesting his office take vehicular manslaughter seriously and that part of the penalty be 200 hours of community service with disabled people.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:
Approved recommendations amended by Councilmember Spring as noted above, and to direct the City Manager to bring back a progress report in the near future.

13. LifeLong Medical Care
From: Mayor Dean
Recommendation:
1) Communicate to Alta Bates the Council’s agreement with Mayor Dean's request that Alta Bates restore full cash funding of LifeLong Medical Care ($125,000); 2) Request the City Manager immediately allocate $25,000 for LifeLong Medical Care, to be taken from savings realized by combining financing of the playing fields and the Berkeley Repertory Theater, and consider an additional allocation of $100,000 when the mid-year budget review process takes place in February 2000; and 3) that all funds so granted, be directed to care for the medically-uninsured.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action:
Adopted Resolution No. 60,322-N.S. (Unanimous) and directed the City Manager to explore the possibility of obtaining mitigation fees from Alta Bates for the LifeLong Medical Center with a report back to Council as recommended by Councilmember Spring and that a letter be sent acknowledging the high level of in-kind services offered as recommended by Mayor Dean.

14. Departmental Budget Monitoring Audit Report Transmittal
From: City Auditor
Recommendation:
Request the City Manager to: 1) Report back regarding progress made implementing the recommendations in the Departmental Budget Monitoring Audit Report by March 31, 2000; 2) Clear the findings in the report by June 30, 2000 by completing implementation of these recommendations or by submitting a program of alternative solutions; and 3) Submit a report to Council by September 14, 2000.
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action:
Approved recommendation.

15. Speed Humps
From: Commission on Disability
Recommendation:
1) Send a follow-up letter to the Department of Justice, pursuant to the City Manager's letter of November 23, 1998 regarding speed humps and right of access; 2) Include the City Attorney's October 12, 1999 opinion regarding speed humps and request the Department of Justice review it; and 3) Request a response from the Department of Justice within two months.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Weldon Rucker, Deputy City Manager, 644-6580
Action: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded, carried (Worthington/Armstrong; Noes - Spring; Abstain - Olds) to approve the recommendation.

16. Accessibility Codes, Permit Procedures and Enforcement
From: Commission on Disability
Recommendation:
Direct the City Manager to work with the Commission on Disability and other appropriate boards and commissions to review codes, permit-issuance procedures, and enforcement, to maximize accessibility in Berkeley buildings, to include: a) ensuring the requirements in Berkeley codes are at least as strong as the Americans with Disabilities Act (ADA); b) adding language to codes, where necessary, to ensure access and usability for disabled citizens (such as automatic doors); c) requiring pedestrian signals that are accessible for blind persons and can be activated by people with limited hand function; and d) monitoring the law requiring businesses with double doors to unlock both doors.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
There has been insufficient time to consider the implications of the recommendation, therefore I request no action be taken until I have had an opportunity to respond at a future meeting.
Contact: Weldon Rucker, Deputy City Manager, 644-6580
Action:
Removed from the Consent Calendar by City Manager. Moved, seconded, carried (Armstrong/Maio; Noes - Worthington; Abstain - Breland) to approve the City Manager’s recommendation.

17. Senate Bill 78: Driving While Black/Brown
From: Police Review Commission
Recommendation:
Request Council send a letter to Governor Davis expressing the concerns of Council and the Commission regarding the Governor's veto of SB 78, Driving While Black/Brown legislation.
Contact: Barbara Attard, Secretary, 644-6716
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: James Keene, City Manager, 644-6580
Action: Approved recommendation amended to include in the letter information on what the Berkeley Police Department is already doing related to this matter.

Presentations

18. 1999 Annual Community Survey of Public Opinion (held over from November 9 meeting)
a. City Manager Information Report

Contact: Stephanie Lopez, City Manager's Office, 644-6580
Action:
Withdrawn by the City Manager and held over to December 14, 1999.

19. Newly Designed City of Berkeley Website (15-minute presentation and 15-minute comment period)
Contact: Chris Mead, Information Systems, 644-6820
Action:
Withdrawn by the City Manager and held over to January 25, 2000.

20. ABAG Living on Shaky Ground Conference (held over from November 9 meeting)
Contact: Shirley Dean, Mayor, 644-6484; Linda Maio, Councilmember District 1, 644-6359
Action:
Held over to a future meeting.

21. World Trade Organization and World Debt
From: Councilmember Spring
Recommendation:
1) Adopt a Resolution regarding the World Trade Organization and forgiveness of debt for impoverished countries; 2) Request the City Manager send the Resolution with a letter to President Clinton and Berkeley's Federal and State legislators; and 3) hear from representatives of Jubilee 2000 Debt Coalition on these issues for 6 minutes.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:
Heard presentation and moved to Consent Calendar. Approved recommendation and adopted Resolution No. 60,323-N.S.

Action Calendar

Old Business:

22. Approval of October 12, 1999 Minutes (removed from Consent by Mayor Dean and held over from November 9 meeting)
From: City Manager
Recommendation:
Approve October 12, 1999 minutes with the following changes: a) Item 41 was revised at the request of Mayor Dean to include the complete recommendation as listed in her supplemental report; and b) Item 56 was revised to include additional wording as to why Mayor Dean withdrew her item.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to Consent Calendar by Councilmember Worthington. Approved minutes.

23. Haas Mitigation Update (CR 99-112) (removed from Information by Councilmember Worthington and held over from November 2 and 9 meetings)
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action:
Moved to Information Reports by Councilmember Worthington. Report noted and filed.

24. Landmarks Preservation Commission Notice of Decision: 2113 Vine Street (Vine Street Pumping Plant) (removed from Information by Councilmember Spring and held over from November 9 meeting)
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action:
Moved to Information Reports by Councilmember Spring. Report noted and filed.

25. Refund Specified Overpayments of Refuse Bills (CR 99-93) (removed from Consent by Councilmember Olds and held over from November 16 meeting)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding Section 7.20.048 to the Berkeley Municipal Code (BMC), to authorize the Finance Department to refund specified overpayments of refuse bills.
Contact: Frances David, Finance, 644-6476
Action: Moved, seconded, carried (Armstrong/Breland; Absent - Shirek, Dean) to adopt first reading of ordinance amended to read: Section B-1 no earlier than July 1, 1994. Second reading December 7, 1999. Council directed staff to notify residents of possible overbilling; to make a good faith effort to notify those that have moved; and to work with residents to determine the level of any billing errors. (Vice Mayor Shirek and Mayor Dean recused themselves due to a possible conflict of interest and left the room.)

26. Decision: Zoning Appeal of Use Permit 99-20000051 - 944 Fresno Avenue (public hearing held November 16th - Item 25)
a.
Appeal filed by Paula Baker and David Nahman-Ramos regarding a State of California approved Use Permit by virtue of the State Permit Streamlining Act (due to the City failing to act on a project within 60 days of the date it was accepted as complete), to add approximately 770 square feet to an existing 1,900 square foot, two-story, single family dwelling at 944 Fresno Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report (dated October 12)
Recommendation:
Schedule this matter for a public hearing.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
c. City Manager Report (dated November 16)
Recommendation:
Adopt a Resolution approving Use Permit 99-20000051 to allow a major residential addition at 944 Fresno Avenue, based upon the findings and conditions of approval, and dismissing the appeals.
Contact: Liz Epstein, Planning and Development, 705-8105
d. Communications from October 12:
1. Bob and Judi de Vries, applicants
2. Robert R. Outis, Attorney
3. Dennis Owens, AIA
4. David Nahman-Ramos and Paula Baker, appellants
5. Charles Anderson
6. Ellen Widess and Richard Warren
7. Philip Becker

e. Communications for November 16:
1. Greg Harper, Attorney for appellants
2. Bob and Judi de Vries, applicants
Contact: Sherry M. Kelly, City Clerk, 644-6480

Action: Moved, seconded, carried (Armstrong/Breland; Noes - Olds, Worthington; Abstain - Maio, Spring) to adopt Resolution No. 60,324-N.S. approving Use Permit with findings and dismissing the appeal. (Councilmember Maio recused herself and asked that Council disregard any of her comments made as part of the public hearing at the suggestion of the City Attorney since she had made a site visit.)

27. Parking Cash Out Program (removed from Consent by Councilmember Olds and held over from November 9 meeting)
From: Councilmember Maio
Recommendation:
Request the City Manager, the Office of Economic Development, and the Transportation Commission evaluate the benefits of a Parking Cash Out (PCO) program, as described in material from the International Council for Local Environmental Initiatives (ICLEI), for implementation in Berkeley for City employees and for businesses.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action:
Moved, seconded, carried (Olds/Maio; Noes – Shirek; Abstain – Olds, Woolley) to approve the recommendation.

28. General Plan (removed from Consent by Councilmember Maio and held over from November 9 meeting)
From: Councilmember Spring
Recommendation:
Request City Manager report regarding his role in the General Plan process and an explanation of what happened to the Council's July 27th directives pertaining to Items 1 and 2, and several of the Council's September 14th directives, on the General Plan's second draft.
Contact: Dona Spring, Councilmember District 4, 644-6266
Actions: Moved, seconded, failed (Spring/Shirek; Noes - Armstrong, Maio, Olds, Woolley, Dean) a substitute motion to approve the recommendation.

Moved, seconded, carried (Maio/Armstrong; Abstain - Woolley) the main motion to request the City Manager provide an explanation of what happened to the Council's July 27, 1999 and September 14, 1999 directives and amended by Mayor Dean to include that after consultation with the Planning Commission the City Manager bring to Council information on the process and the schedule for the General Plan.

29. Pedestrian Activated Traffic Light at McGee and University Avenues (removed from Consent by Mayor Dean and held over from November 9 meeting)
From: Councilmember Spring
Recommendation:
Request the City Manager put the pedestrian-activated traffic light at McGee and University, which was referred over five years ago, on the list of projects to be funded by federal, state or local funds.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved, seconded, carried (Worthington/Armstrong) to refer the recommendation to the City Manager and the Transportation Commission to: 1) explore locations for Santa Rosa lights; 2) determine which dangerous intersections would be priorities for installation; 3) provide cost estimates for intersections determined to be priorities prior to the budget discussions; 4) provide the number of pedestrian accidents at each intersection; and 5) possible local, state and federal funding sources for the lights.

30. Oxford Street Parking Lot (removed from Consent by Councilmember Olds and held over from November 9 meeting)
From: Councilmember Spring
(revised report dated November 23)
Recommendation:
Adopt a Resolution increasing parking fees at Oxford Street Parking Lot for the all day parkers over 6 hours .
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved, seconded, carried (Spring/Maio; (Abstain - Breland, Shirek, Woolley) to adopt Resolution No. 60,325-N.S. and direct the City Manager to report back on December 7, 1999 regarding special event fees, possible validation process, and other options.

31. City Policies Relating to the University of California (removed from Consent by Councilmember Spring and held over from November 2 and 9 meetings)
From: Councilmember Woolley
Recommendation:
Review and discuss existing City policies and agreements concerning the University of California. Included would be goals and policies in the existing City General Plan and Area Plans, voter adopted Measure N, and any Memoranda of Understanding between the City and the University. This review and discussion should occur prior to the Council's creation of any City advisory body relating to University of California issues.
Contact: Diane Woolley, Councilmember District 5, 644-6294
Actions: Moved, seconded (Spring/Maio) the main motion to refer the matter to the new City/University Relations Commission.

Moved, seconded, carried (Woolley/Armstrong; Abstain - Maio) the substitute motion to approve the recommendation and request the City Manager provide information on all policies, Memoranda of Understanding, agreements with the University and schedule a Council workshop to review.

32. City Manager Evaluation Process (removed from Consent by Councilmember Worthington and held over from November 16 meeting)
From: Mayor Dean, Councilmembers Armstrong, Breland, Maio
Recommendation:
Ask the City Manager to propose to Council a process for the next City Manager Performance Review.
Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359
Action:
Items 32 and 33 were taken up at one item. See Item 33 below.

33. Establish City Manager Evaluation Process (removed from Consent by Councilmember Maio and held over from November 16 meeting)
From: Councilmember Worthington
Recommendation:
Establish a quarterly evaluation meeting of the City Council to communicate with the City Manager regarding job performance; that the Rules Committee evaluates and reports back in less than six months, on how city managers are evaluated in other cities and explore the suitability of retaining a professional firm to assist in consulting with the community; public process would include a community forum to provide public opinions as well as interviews with: a) management directly supervised by the City Manager, b) union leaders, c) City staff, and d) neighborhoods, businesses, and student representatives.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:
Moved, seconded, carried (Maio/Worthington; Abstain - Woolley, Shirek) 1) to request a report from the Personnel Department on how other city councils evaluate city managers; 2) appoint a Council subcommittee comprised of Councilmembers Worthington, Spring, Maio and Mayor Dean to review this report and recommend a process before March 1, 2000 to the Council; and 3) schedule an evaluation of the City Manager in July 2000 in order to establish a fiscal year schedule for the City Manager evaluation.

34. East Bay Paratransit Consortium Policy Changes (removed from Consent by Councilmember Worthington and held over from November 16 meeting)
From: Commission on Disability
Recommendation:
Direct the City Clerk to send a letter to East Bay Paratransit Consortium (EBPC) to express disapproval of current practices which require: 1) paratransit clients to negotiate pick-up times when scheduling a ride; and 2) permanently disabled clients to be recertified for eligibility.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Weldon Rucker, City Manager's Office, 644-6580
Action:
Moved to Consent Calendar by Councilmember Worthington and approved as amended by Councilmember Worthingtion to direct the City Clerk to send a letter to East Bay Paratransit Consortium to assure Paratransit clients with inflexible schedules will have rides available when needed and to treat rides to appointments as time sensitive concerns; send a letter to Partnership Transit Coordinating Council to assure that re-certifications for eligibility for permanently disabled clients are rendered unnecessary or very easy for the clients.

New Business:

35. Tritium Risks: Lawrence Berkeley National Laboratory
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Institut fuer Energie und Umweltforschung Heidelberg in an amount not to exceed $30,000, to evaluate and interpret the consequences and risks of radiation releases from the National Tritium Labeling Facility of the Lawrence Berkeley National Laboratory (LBNL); and rescinding Resolution No. 60,019-N.S. which authorized a $25,000 contract with the Institute of Energy and Environmental Resources (IEER).
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Armstrong/Olds; Absent - Shirek, Maio) to adopt Resolution No. 60,326-N.S. with amendments to the resolution; to incorporate those recommendations from Committee to Minimize Toxic Waste regarding the scope of work which staff feels are consistent; and to send a letter to LBNL notifying them of the contract with IEER.

36. Housing Trust Funds for Prince Hall Arms Senior Housing Project (to be delivered)
From: City Manager
Recommendation:
Receive report and consider a request to allocate up to an additional $500,000 from FY 2000 Housing Trust Fund (HTF) monies for the Prince Hall Arms, a 37-unit senior project located at 3132-38 Martin Luther King Jr. Way.
Contact: Stephen Barton, Housing, 644-6001
Action:
Withdrawn by the City Manager and held over to December 7, 1999.

37. Non-Exclusive Rubbish Collection Franchise Process
From: City Manager
Recommendation:
1) Adopt first reading of two Ordinances to amend the Berkeley Municipal Code (BMC) as follows: a) Repeal and Reenact Chapter 9.60 and Section 12.32.010, and b) Amend Sections 9.04.176 and 9.04.240, to provide a non-exclusive franchise process for rubbish collection and transportation; and 2) Adopt a Resolution setting franchise contract rates at 26 percent of gross revenues for rubbish collection and transportation services performed in Berkeley on or after July 1, 2000, and designating 50 percent of the collected revenue to the General Fund to replace existing revenues, and 50 percent to the Refuse Fund to pay for environmental services.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved, seconded, carried (Maio/Spring; Absent - Breland) to adopt first reading of two Ordinances and to adopt Resolution No. 60,327-N.S. amended to eliminate the sections related to distribution of revenues; and to request a report from the City Manager on distribution of revenues and impacts.

38. Housing Trust Fund Guidelines
From: Housing Advisory Commission
Recommendation:
Adopt a Resolution approving revised Housing Trust Fund (HTF) Guidelines which modify affordability and occupancy requirements, change the review process, and make other deletions and additions to clarify and update the guidelines to better serve the City's current housing needs and rescinding Resolution No. 58,931-N.S.
Contact: Oscar Sung, Secretary, 665-3469
a. City Manager Report (to be delivered)
Contact: Stephen Barton, Housing, 644-6001
Action: Moved, seconded, carried (Armstrong/Worthington) to adopt Resolution No. 60,328-N.S. as amended by Mayor Dean and requesting the Commission hold workshops in the future to encourage new non-profits to participate.

39. Limiting Automobiles in Berkeley
From: Commission on Disability
Recommendation:
Direct the City Manager to instruct the City Attorney to explore all possible legal means to reduce and limit the automobile population in Berkeley and prepare an ordinance to this effect, and defend the ordinance against all efforts to overturn it.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Request the Transportation Commission continue to develop a Traffic Calming Program and the Planning Commission to include in the General Plan measures to reduce the usage of automobiles and improve the safety of pedestrians.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

Action: Moved, seconded, carried (Spring/Maio; Abstain - Olds) to 1) approve the City Manager recommendation; 2) direct the City Manager to report back on the Boulder, Colorado program on traffic reduction; 3) obtain information from other communities through the Campaign for Climate Protection; and 4) explore creative and practical means suggested by the Commission on Disability and other commissions to reduce automobile usage in Berkeley.

40. Speed Humps and Other Vertical Deflection Devices
From: Commission on Disability
Recommendation:
Direct the City Manager: 1) Eliminate speed humps from the current draft and all future versions of the General Plan; 2) Eliminate speed tables from the current draft and all future versions of the Bicycle Boulevard Toolkit, as well as from implementation plans; 3) Prohibit future installation of "vertical deflection devices" on all pedestrian and vehicular public rights-of-way; 4) Begin a process for removing "vertical deflection devices" currently installed in vehicular and pedestrian public rights-of-way; and 5) Keep the moratorium on installation of speed humps in place until the Commission on Disability, Transportation Commission, and the Bike Boulevard group work together to devise alternate forms of traffic calming instead of speed humps, speed tables, and speed bumps.
Contact: Virginia Vafa, Secretary, 665-3440
a. Transportation Commission Report
Recommendation: 1) Reaffirm Council's desire to work with the disabled community and all other constituencies to develop street designs that meet the needs of all residents; 2) Not create a blanket prohibition on the use of particular types of street design treatments that might prevent their future use in cases which are of clear benefit to the City; and 3) Reaffirm that the design and engineering of new vertical deflection devices carefully consider minimizing detrimental impacts on the disabled community.
Contact: Nathan Landau, Secretary, 705-8136
b. City Manager Report
Recommendation:
Request the City Manager to: 1) direct Departments of Planning and Development and Public Works to provide staff support for meetings of the Transportation Commission's Traffic Calming Subcommittee; and 2) direct that a meeting of the Traffic Calming Subcommittee be held in December to address the City's current and future use of speed humps and vertical deflection devices.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

Action: Moved to Consent Calendar by Councilmember Armstrong approving the recommendations of the Transportation Commission and the City Manager; referring Recommendations 1 through 4 of the Commission on Disability to the Transportation Commission; and approving Recommendation 5 of the Commission on Disability.

Information Reports

41. Investment Report for the First Quarter Ending September 1999
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

42. FY2000 1st Quarter Financial Summary Report
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Received and filed

43. Spay/Neuter Ordinance Background
From: Councilmember Spring
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:
Received and filed.

Communications

Action: Communications noted and filed unless referred to the City Manager as indicated.

1. Neil Mishalov, regarding DMV registration/parking violation process. Maio, Breland, Spring, Dean

2. Senator Jackie Speier, 8th District, thanking Council for its letter of support for SB 563 regarding domestic violence.

3. Black Repertory Group, regarding the Black Repertory Group. Maio, Dean

4. President Clinton, thanking the City for its letter about Section 321 of S1143, the Department of Transportation Appropriations bill.

5. L.A. Wood, regarding evaluation of PSC's thermo recycler. Worthington, Dean

6. Harold Boyer, regarding the General Plan.

7. Arthur Stopes, regarding deprivation of rights (to livelihood) under color of law.

8. Walter Koni, regarding seismic retrofit and building permits. Maio, Worthington, Dean

9. Emily Wilcox, regarding speed humps. Worthington, Dean

10. Christine Caldwell and Animal Shelter staff, regarding the Animal Shelter. Spring

11. John Vance, First Amendment Center, regarding community alerts, KPFA, genetically engineered foods (additional pages on file for review in the City Clerk's Office).

Supplemental Communications
And Agenda Reports

Item 13 - LifeLong Medical Care
12. Mayor Dean, revised report.
13. Warren Kirk, President and CAO, Alta Bates Medical Center

Item 21 - World Trade Organization and World Debt
14. Margrete Strand Rangnes, MAI Project Coordinator, Washington, D.C.

Item 32 - City Manager Evaluation Process
15. Mayor Dean, Councilmembers Armstrong, Breland and Maio, revised report.

Item 35 - Tritium Risks: Lawrence Berkeley National Laboratory
16. Gene Bernardi, Pamela Sihvola, Committee to Minimize Toxic Waste

Letters received at the meeting from:

L. A. Wood, re re-evaluation of Harrison Street playing fields zoning. Spring, Worthington

Letter re: Needle Exchange Worthington, Dean

Michael Katz, re speed humps, other vertical deflection devices, and limiting automobiles. Armstrong

David Headley, re intersection of Ashby/Tunnel Road and Domingo. Dean, Armstrong

Adjournment

Actions: Moved, seconded, carried (Worthington/Maio) to continue the meeting past 11:00 p.m. to complete the agenda but not past 12:00 midnight.

Moved, seconded, carried (Spring/Maio) to suspend the rules to continue the meeting past 12:00 p.m. to complete Items 37 and 35.

Meeting adjourned at 12:26 a.m.


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