BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JANUARY 25, 2000

 AGENDA

Preliminary Matters

 Roll Call:  7:00 p.m.

 Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

 Comments From The City Manager:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion.

 Comments From The Public:  A total of thirty (30) minutes is scheduled.  Each speaker is limited to a maximum of three (3) minutes.

 Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the “Action Calendar” unless the Council reorders the agenda.

 1.                   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:  Sherry Kelly, City Clerk, 644-6480

 2.                  Contract:  Condition Assessment of City-Owned Facilities
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with Pack & Associates to prepare condition assessment reports of city-owned facilities not previously inspected, in an amount not to exceed $95,550 for the period February 14, 2000 to August 14, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

 3.                  Contract Transfer:  Landfill Disposal
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute the agreement consenting to the assignment of the "Agreement for Disposal of Solid Waste between the City and Browning Ferris Industries of California, Inc." by Browning Ferris Industries to Republic Services, Inc.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

 4.                   Contract:  Landfill Postclosure Maintenance
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SCS Field Services in an amount not to exceed $200,000 to provide landfill postclosure maintenance, including soil erosion, gas system upgrade and monitoring services, at Cesar Chavez Park for the period February 1, 2000 through February 1, 2003.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

 5.                   Contract:  Environmental Impact Report for Synagogue School at 1301 Oxford St.
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments for professional services with Pacific Municipal Consultants in an amount not to exceed $159,164 to prepare an Environmental Impact Report (EIR) for Congregation Beth El's proposal to construct a new synagogue and school at 1301 Oxford Street.
Contact:  Wendy Cosin, Planning, 705-8105

 6.                   How the Brown Act Applies to Electronic Communications
From:  Mayor Dean
 Recommendation:  Request the City Manager and City Attorney to arrange for workshop(s) for Berkeley's Councilmembers, Commissioners, Board Members and other interested parties which focus on how electronic communications should be handled under the Brown Act; and that this subject matter be incorporated into the Commissioner Handbook and other written guidelines.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484

 7.                   Excuse Mayor Dean from January 25, 2000 Meeting
From:  Mayor Dean
Recommendation:  Excuse Mayor Dean from attending the January 25, 2000 Council meeting to attend a meeting in Washington, D.C. at the White House to discuss gun control issues, and to attend the Winter Meeting of the United States Conference of Mayors.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

 8.                   Berkeley Cares Program
From:  Mayor Dean
Recommendation:  Request the City Manager take appropriate action to ensure that reimbursements to merchants for invalid vouchers from the discontinued Berkeley Cares Program are processed immediately and report back to Council.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

 9.                   Street Sweeping Equipment
From:  Councilmember Spring
Recommendation:  Refer to the City Manager for evaluation, information as to whether the street sweeping machine Tennant Model 830 is the best available technology that the City should purchase in the future and request a report back on the evaluation.
Contact: Dona Spring, Councilmember District 4, 644-6266

 10.               Availability of Temporary Restraining Order Forms
From:  Councilmember Spring
Recommendation:  Refer to the City Manager a request that application forms for temporary restraining orders be at a location such as the Berkeley Police Department.
Contact: Dona Spring, Councilmember District 4, 644-6266

 11.               City Clerk Department Staffing
From:  Councilmember Spring
Recommendation:  Refer to the mid-year budget process, the need for additional staffing of up to 2.5 fulltime employees in the City Clerk's Office and request the City Manager report on the additional positions needed, salary adjustments for current positions needed and the financial impact; in addition the City Manager to report on the changes in personnel policies that are needed to accommodate the City Clerk Department's staffing needs.
Contact: Dona Spring, Councilmember District 4, 644-6266

 12.               Oppose Proposition 28 (Repeal of Proposition 10 Tobacco Surtax)
From:  Councilmember Worthington
Recommendation:  Oppose Proposition 28 regarding repeal of Proposition 10 Tobacco Surtax on the March 2000 Ballot, and send letters of opposition to State Senator Don Perata, State Assemblywoman Dion Aroner and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

 13.               Support Proposition 26 (Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability)
From:  Councilmember Worthington
Recommendation:  Support Proposition 26 regarding Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability on the March 2000 Ballot, and send letters of support to State Senator Don Perata, State Assemblywoman Dion Aroner and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

 14.               First On-Line City Council Meeting
From:  Councilmember Worthington
Recommendation:  Conduct the first on-line City Council meeting regarding the Draft Revision of the Berkeley General Plan.  The mechanism for this Internet dialogue would be on Actionforum.  Also designate up to four Councilmembers to continue participating in Actionforum's General Plan dialogue.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

 15.               Diversity on Boards and Commissions
From:  Councilmember Worthington
Recommendation:  Each Councilmembers to look at their own record of board and commission appointments and if their appointment record does not come close to reflecting the diversity of the City, make an effort to do outreach and be inclusive of people of all races and ethnicity's, seniors, youth, the disabled community and any other groups not broadly represented.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

 16.               Support Proposition 14:  California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act
From:  Mayor Dean
Recommendation:  Support Proposition 14 for the March 2000 ballot which Council previously supported on September 14, 1999 as SB3, which proposes a $350 million Bond Measure to fund grants for public library construction and renovation.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

 17.               Support Proposition 12:  Safe Neighborhood Parks, Clean Water and Air, and Coastal Protection Bond Act
From:  Mayor Dean
Recommendation:  Support Proposition 12 for the March 2000 ballot which Council previously supported on April 13, 1999, which proposes a $2.1 billion Bond Measure for parks, recreation coastal and recreation projects, including approximately $827 million in potential funding to local governments for a wide range of per capita and competitive parks and program grants.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

 18.               Affiliating with California Disability Alliance
From:  Commission on Disability
Recommendation:  Affiliate with the California Disability Alliance.
Contact:  Virginia Vafa, Secretary, 665-3440
a.             City Manager Report
Recommendation:  The City Manager takes no position concerning the recommendation of the Commission.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

  Presentations

 19.               City's Web Site
From:  City Manager
Contact:  Chris Mead, Information Systems, 6446820

Action Calendar

 Appeals:

 20.               Zoning Appeal of Use Permit 98-10000083, 1728 Delaware Street
a.             Appeal filed by Kathleen Bernier and Robert Traina of the Zoning Adjustments Board decision of October 28, 1999, which approved Use Permit 98-10000083 for the project located at 1728 Delaware Street to: a) remove more than 50% of the building's walls and roof so as to constitute demolition of an existing dwelling unit; b) construct a major residential addition in the form of a second floor and extension to the rear; and c) construct a hot tub.
b.             City Manager Report
Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board's approval of a proposed partial demolition, and major residential addition to an existing dwelling, and the addition of a hot tub.
Contact: Wendy Cosin, Planning and Development, 705-8105
c.             Communications from:
1.             Waziuddin Chowdhury
2.             Kathleen Bernier, appellant, transmitting copy of letter from Leslea Brickner, M.D., Medicine Department, Kaiser Hospital
3.             Patrick Mebine, applicant
Contact:  Sherry M. Kelly, City Clerk, 644-6480

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ.Proc. '1094.6(b)) or approve (Gov.Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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 *.

21.               Continued Public Hearing and Decision:  Increase in Fees for Services at the Berkeley Marina (continued from January 18 meeting – item 9)
From:  City Manager
Recommendation:    Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule for services rendered at the Berkeley Marina and rescinding Resolution No. 59,387-N.S.  
Contact:   Lisa Caronna, Parks and Waterfront, 644-6943

a.                   Communications
1.      Reese Jones
2.      Jim Cassell
3.      Dick Wrenn, President, Berkeley Marina Berthers Association
4.      Bob Griffiths, Chairman, Berkeley Marina Berthers Association

5.      Katherine Scheaf

Contact:   Sherry Kelly, City Clerk, 644-6480

 22.               Decision on Public Hearing Regarding Five Ton Gross Vehicle Weight Limit Zone Modification (continued from January 18 meeting – item 10)
From:  City Manager
Recommendation:  Adopt an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.050A to add streets to be controlled with a five ton gross vehicle weight limit in the area bounded by Dwight Way, Martin Luther King Jr. Way, Addison Street and McKinley Avenue, and Grant Street between Dwight Way and University Avenue.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

 23.               Decision on Public Hearing Regarding Permit Parking (continued from January 18 meeting – item 11)
From:  City Manager
Recommendation:  Adopt a Resolution extending residential permit parking on Olympus Avenue between Fairlawn Drive and Wilson Circle and all of Wilson Circle, on Prince Street between Shattuck Avenue and Wheeler Street, on McGee Avenue between Francisco Street and Delaware Street; and remove the block of Oregon Street between Adeline Street and Shattuck Avenue from the Residential Permit Parking Area J.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
a.             City Manager Supplemental Report * (to be delivered)
Recommendation:  Adopt a Resolution approving a Mitigated Negative Declaration for residential permit parking on Olympus Avenue between Fairlawn Drive and Wilson Circle and all of Wilson Circle.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
b.             Communications
1.             Douglas James, submitting petition in opposition
2.             Dorothy E. Walker

 24.               Domestic Partners Equal Benefits Ordinance (removed from Consent by Councilmember Spring and held over from January 18 meeting)
            From:  Councilmember Worthington
Recommendation:  Request a status report and a timeline for completion of the research of an Equal Benefits Ordinance unanimously referred by Council on March 9, 1999 which would require contractors to offer equal benefits to their employees registered as domestic partners.
Contact:   Kriss Worthington, Councilmember District 7, 644-6398

 25.               Establish a Berkeley Police Department Lesbian/Gay/Bisexual/Transgender Liaison Position (removed from Consent by Councilmember Olds and held over from January 18 meeting)
            From:  Councilmember Worthington
            Recommendation:  Refer to the Police Review Commission and the City Manager a proposal to establish a Lesbian Gay Bisexual Transgender Liaison position, implement sensitivity and gender-specific training, and create a safe work environment regarding LGBT issues within the Berkeley Police Department.  Also, that the Police Review Commission and the City Manager review job descriptions and announcements for existing positions in nearby cities.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

26.               Warm Water Pool
City Manager Oral Report
Contact:  Rene Cardinaux, Capital Projects, 644-6580

27.               July 4^th Celebration at the Marina
From:  Waterfront Commission
Recommendation:  Direct that funding for the annual Fourth of July fireworks display and celebration at the Berkeley Marina be funded from a source other than Marina Fund revenues.
Contact:  Cliff Marchetti, Secretary, 644-6970
a.  City Manager Report
Recommendation:  Review this proposed revision in the context of the city-wide mid-year budget review on February 22, 2000.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

28.               Traffic Safety
From:  Commission on Disability
Recommendation:  Direct the City Manager to:  1) develop an improved traffic safety program to include a wheelchair safety program; 2) start keeping statistics on accidents between vehicles/bicycles and frail/elderly people with disabilities; 3) install signs cautioning drivers to watch for pedestrians when backing out of diagonal public parking spaces that back up into crosswalks; 4) produce a series of ten-second spots to be aired as television public service announcements informing motorists that they must yield to pedestrians; and 5) write letters to State representatives Dion Aroner, Don Perata and Audie Bock requesting they take the following immediate steps:  a) tripling the fines throughout California for failing to yield to pedestrians using a crosswalk; and b) requiring wheelchairs purchased using State funds be equipped with headlights and taillights.
Contact:  Virginia Vafa, Secretary, 665-3440
a.             City Manager Report
Recommendation:  The study recommended in parts 1, 2 and 3 of this report may affect budget and/or other programs.  Once analysis is done and financial recommendations made by the Bicycle and Pedestrian Safety Task Force, the City Manager can see what actions and investment of resources are recommended, and then will respond to those recommendations.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

29.               Automatic Doors on Public Buildings
From:  Commission on Disability
Recommendation:  Direct the City Attorney to prepare an ordinance regarding automatic doors to require:  1) addition of foot plates and buttons, or universal proximity sensors, whenever automatic doors are installed in the future, anywhere in the city; and 2) foot plates added to all City buildings already having hand plates, as soon as possible.
Contact:  Virginia Vafa, Secretary, 665-3440
a.             City Manager Report
Recommendation:  Direct the City Manager to install automatic doors or power-assisted doors with footplates on all City municipal buildings where large numbers of the public come for services.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

 30.               Berkeley Unified School District (BUSD) Safety Plan
From:  City Manager
Contact: Dash Butler, Police, 644-6568

 31.               Formal Bid Solicitations and Request for Proposals
From:  City Manager
Contact:  Frances David, Finance, 644-6476

 32.               I-80 Bicycle/Pedestrian Overcrossing-Status Report
From:  City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580

 33.               Hills Fire Station Update
From:  City Manager
Contact:  Reginald Garcia, Fire Department, 644-6665

 34.               Status of Funding for Prince Hall Arms Senior Housing Project (to be delivered)
From:  City Manager
Contact:  Stephen Barton, Housing, 644-6001

35.               Workshop: Future of Main Street (CR 99-162) (to be delivered)
From:  Planning Commission
Contact:  Karen Haney-Owens, Secretary, 705-8105

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

 Page No.

 1.                   Laurie Capitelli, Planning Commission Chair, regarding Strawberry Creek Downtown.

2.                   Patrick Kennedy, Panoramic Interests, transmitting articles regarding City of Oakland and high density housing.

3.                   JoAnn Price, President, and Phoebe Watts, League of Women Voters, regarding voter registration in Berkeley.

4.                   Kenn Kojima, Regional Administrator, General Services Administration, regarding Berkeley's action on December 7, 1999 supporting designating the "Ronald V. Dellums Federal Building in Oakland.

 5.                   Darrell Cambron, Citizen for the Protection of Butler Township, regarding a proposed medical waste incinerator.

 6.                   Anne Marselis, regarding speeding trucks and buses.

 7.                   John Vance, A First Amendment Center, regarding community information. (additional pages on file for review in the City Clerk's Office).

Adjournment

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