Home

Elected Officials Departments and Services

Calendar & Local Links

Search

E-Mail

City of Berkeley Logo

City Council
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

Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.

Boards and Commissions

City Charter City Council Conflict of Interest

Domestic Partnership

Election Information

Records Online

Municipal Code & Zoning Ordinance

City Council
City Clerk
Ballot Measures
BERA
Campaign Info
Candidate Info
Commissions
Election Info
Records Online
Redistricting
Related Links
Downloads


REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, MARCH 14, 2000

AGENDA

Preliminary Matters

Roll Call: 

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

  • Proclamation:  Ms. Jean Yamashita and Mr. Mopps
  • Proclamation:  U.N. Decade for a Culture of Peace and Nonviolence
  • Proclamation:  Leo Reyes of City Auditor’s Office

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.

Youth Forum:  A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.  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 M. Kelly, City Clerk, 644-6480

2. Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) February 8, 2000 (closed); b) February 8, 2000 (regular); c) February 15, 2000 (closed); d) February 15, 2000 (regular);  e) February 22, 2000 (closed); and f) February 22, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Contract:  Public Service Credit for Peace Corps of America or America Corps (Vista Service) for Local Miscellaneous and Local Safety Members  (first reading vote – Ayes:  unanimous)
From:  City Manager
Recommendation:  Adopt second reading of an Ordinance to amend the City’s contract with CalPERS to provide public service credit for Peace Corps of America or America Corps (VISTA Service) for local miscellaneous and local safety members as provided in California Government Code Section 21023.5.
Contact:  Ron Brown, Personnel, 665-7614

4. Amending The Ellis Ordinance   (first reading vote – Ayes:   unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.77.010A, 13.77.020A, 13.77.030C, 13.77.040A, 13.767.040B and 13.77.050A; and adding Section 13.77.030G, to conform with changes to California Government Code Section 7060, et. seq., the Ellis Act, which provides rental property owners with the right to go out of the rental housing business in cities where rent regulations apply.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

5. Nuisance Abatement – Collection of Enforcement Costs (first reading vote – Ayes:  unanimous)
From:  City Manager
Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 (nuisance abatement) to conform to state law and to allow the City to collect enforcement costs.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

6. Amending the Lying on Public Sidewalks and Number of Dogs on Sidewalks Ordinance (first reading vote – Noes:   Shirek, Worthington; Abstain:  Woolley)
From:  City Manager
Recommendation:  Adopt second reading of Ordinance amending Berkeley Municipal Code (BMC) Section 13.36.015 repealing Sunset Clause in Ordinance prohibiting lying on sidewalks and the number of dogs on sidewalks at certain times and places.
Contact:  Dash Butler, Police, 644-6670

7. Settlement:  Joyce Muns/Jan Novie vs. City of Berkeley
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit in Alameda County Superior Court Action No. 802489-1 in the amount of $110,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

8. Vacating a Portion of Public Right-of-Way – Potter Street
From:  City Manager
Recommendation:  Adopt first reading of an Ordinance summarily vacating a portion of public right-of-way, conveying the City’s interests in the partially vacated property at 717 Potter Street to Wareham Development and accepting, in exchange, street dedication at 2929 Seventh Street from Wareham Development for public right-of-way purposes.
Contact:  Rene Cardinaux, Public Works, 665-7550

9. Energy Partnership with Gorlovka, Ukraine
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Gorlovka, Ukraine, to promote energy efficiency in Ukrainian cities and provide technical and management training to plan and implement projects.
Contact:  Stephen Barton, Housing, 665-3486

10. Contracts:  Workers’ Compensation Program
From:  City Manager
Recommendation:  Adopt two Resolutions: 1) authorizing the City Manager to execute and implement a contract and any amendments with Innovative Care Systems, Inc. for worker’s compensation third party administrative services for a period of April 1, 2000 – June 30, 2003 for a cost not to exceed $2,651,185; and 2) authorizing the City Manager to extend the contract with Liberty Mutual Insurance/Helmsman Management Services, Inc., for the period March 1 to April 30, 2000, at a cost not to exceed $30,000.
Contact:  Ron Brown, Personnel, 665-7606

11. Contract:  Mental Health Services
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Community Development Institute for assistance in implementing specific planning objectives aimed at developing a comprehensive integrated service model for the most seriously mentally disabled individuals in Berkeley in an amount not to exceed $26,000 for the period January 1 to December 31, 2000.
Contact:  Fred Medrano, Health and Human Services, 644-8562x212

12. Contract Amendment: Civic Center Building
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendments with ELS/Elbasani & Logan Architects for architectural and engineering services for the Martin Luther King, Jr. Civic Center Building project by increasing the contract amount by $250,000 for a total contract amount not to exceed $2,500,000.
Contact:  Rene Cardinaux, Public Works, 665-7550

13. Contract Amendment:  Marina Plan and Waterfront Overview
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Wolfe Mason Associates for preparation of the Marina Plan and Waterfront overview, to change the scope of the contract, extend the contract period to November 30, 2000 and increase the amount by $50,000 for a total amount not to exceed $84,540.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6376,x222

14. Purchase:  Police Equipment and Supplies
From:  City Manager
Recommendation:  Adopt a Resolution approving an increase in a purchase order up to $60,000 for police uniforms and equipment from Bricker-Mincolla Uniform Company.

15. Pedestrian and Traffic Safety Billboard
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to accept up to $2,000 in donated rental fees from Eller Media Company, as a public service to the community, to help promote pedestrian and traffic safety awareness.
Contact:  Dash Butler, Police, 644-6045

16. Grant:  HIV Prevention
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $785,000, for the period March 1, 2000 to June 30, 2002, from the State of California Department of Health Services, Office of AIDS, for the support of HIV primary prevention activities for people of color and other high-risk populations and authorizing execution of any resultant agreements and amendments.
Contact:  Fred Medrano, Health and Human Services, 655-6050

17. Tobacco Control Trust Fund
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to create and establish an interest-bearing Tobacco Control Trust Fund in accordance with the requirements of the City’s contract with California Department of Health Services, Tobacco Control Section.
Contact:  Fred Medrano, Health and Human Services, 665-6050

18. Contracts:  Medi-Cal Outreach
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with certain community-based organizations to provide outreach activities to Medi-Cal eligible families under the Medi-Cal Outreach Project in an amount not to exceed $130,000 for the period January 1, 2000 through June 30, 2001; as follows:   1) $40,000-Lifelong Medical Care; 2) $14,660-Tides Centers; 3) $14,660-Stiles Hall; 4) $14,660-Lincoln Child Center; 5) $25,320-Berkeley Unified School District; 6) $10,660-Bay Area Community Resources and authorizing a two month advance payment to each agency.
Contact:  Fred Medrano, Health and Human Services, 665-6050

19. Grant Agreement:  Spruce Street Reconstruction
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to file an application for $1,300,000 in funding under the Federal Surface Transportation Program and the Congestion Mitigation and Air Quality Improvement Program for the Spruce Street Reconstruction Project and commit the necessary local match of $500,000 for the project, stating the assurance of the City of Berkeley to complete the project, and authorizing the City Manager to execute the resultant grant agreement and any amendments.
Contact:  Rene Cardinaux, Public Works, 665-3429

20. Vital and Health Statistics Trust Fund
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to create and establish an interest-bearing Vital and Health Statistics Trust Fund in accordance with requirements mandated by the Health and Safety Code.
Contact:  Fred Medrano, Health and Human Services, 644-7721

21. Wireless Internet Service
From:  City Manager
Recommendation:  Adopt a Resolution declaring the Council’s intent to consider granting a franchise to Metricom, Inc., for the operation and maintenance of a wireless data network; specifying the terms, conditions and character of the franchise; and setting the Public Hearing on April 11, 2000.
Contact:  Chris Mead, Information Systems 665-7674

22. Confidential Executive and Management Pay Plan
From:  City Manager
Recommendation:  Adopt a Resolution amending Resolution No. 59,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the salary ranges for selected Confidential Executive and Management classifications, and to set a salary for the City Auditor, effective March 19, 2000.
Contact:  Ron Brown, Personnel, 665-7606

23. Purchase of Breathing Apparatus Units (to be delivered)
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the award of a purchase order to Draeger Safety, for the retrofit of seventy-nine self contained breathing apparatus units, for a twelve month period beginning with the date of award, with option to renew for an additional twelve month period.
Contact:  Reginald Garcia, Fire, 644-6665

24. Contract:  Sather Gate Garage Revenue System (to be delivered)
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with International Parking Design, Inc. to provide engineering and design services for a new revenue and access control system at Sather Gate Garage located at 2450 Durant Avenue in an amount not to exceed $60,300 for a period of 240 days.
Contact:  Rene Cardinaux, 665-7550

25. Summer Day Camp Programs
From:  Mayor Dean
Recommendation:  Request the City Manager investigate and report back within 60 days on whether the operation of the City’s summer day camp program negatively impacts youngsters using campership vouchers obtained via the East Bay Regional Park District (EBRPD) Campership Outreach Program.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

26. Support A. B. 1806:  Property Tax Revenue
From:  Mayor Dean
Recommendation:  Support AB1806, introduced by Assemblymembers Pacheco and Strickland, which would return more ad valorem property tax money to local government by freezing at the current level the amount of this revenue going to schools; and that the City Clerk notify the sponsors of the bill and Assemblymember Aroner, State Senator Perata, and our Sacramento lobbyist of Council’s position.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

27. Public Tours of the Civic Center and Public Safety Buildings
From:  Mayor Dean
Recommendation:  Request the City Manager arrange public tours and concomitant educational materials relating to the base isolation installations at the Civic Center and Public Safety Buildings, when such tours would be safe and practicable.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

28. Oppose A. B. 1784:  Permanent Ban on Internet Taxes
From:  Mayor Dean
Recommendation:  Oppose A.B. 1784, introduced by Assemblymembers Lembert, Honda, and Cunneen which would make permanent the current California ban on the imposition on the Internet of certain taxes and fees; and that the City Clerk notify the sponsors of the bill and Assemblymember Aroner, State Senator Perata, and our Sacramento lobbyist of Council’s position.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

29. Oil Spill Capability on San Francisco Bay
From:  Mayor Dean
Recommendation:  Endorse the position on oil spill response time and request the City Clerk immediately fax the letter to Governor Davis, and send copies to other parties listed and our Sacramento lobbyist.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

30. Liquor License - Sandwich City
From:  Councilmember Spring
Recommendation:  Request the City Manager write a letter to the Alcoholic Beverages Control (ABC) asking that the liquor license issued to the current business at 2022 Grant Street and currently held by Sandwich City not be transferred to the new owners due to decades of public nuisance problems associated with that business’s sale of fortified alcohol products in a residentially zoned neighborhood; 2) schedule a public hearing to review and possibly modify the conditions of the use permits at this location; 3) ask representatives of ABC to attend this hearing to hear public testimony regarding the problems associated with the sale of alcohol at this location.
Contact:  Dona Spring, Councilmember District 4, 644-6266

31. County Courthouse in Berkeley
From:  Councilmember Spring and Mayor Dean
Recommendation:  Request the City Manager write a letter to each of the Alameda County Supervisors and to Ron Overholt, Executive Director of the County Court System and to all Alameda County Judges requesting that the County build a new courthouse at the PG&E site and the former American School site at the scaled down size at 17 million dollars and demolish its current building and that the letter request that the Alameda County Board of Supervisors schedule a time at one of their meetings for a presentation and a discussion with Mayor Shirley Dean and Councilmember Spring and the City Manager with an invitation for the Alameda County Judges and the Executive Director to attend the presentation and discussion.
Contact:  Dona Spring, Councilmember District 4, 644-6266 and Shirley Dean, Mayor, 644-6484

32. Fee Waiver and Curfew - Veterans Memorial Auditorium
From:  Councilmember Spring
Recommendation:  Adopt a Resolution reducing the fees to $200 and waiving the curfew for the Veteran’s Memorial Building rental for the Seva Foundation Benefit to be held April 22, 2000.
Contact:  Dona Spring, Councilmember 4, 644-6266

33. Waiving Council Rules
From:  Councilmember Spring
Recommendation:  Waive the customary rule of not taking action on agenda items on the second meeting of the month, March 21, 2000, due to time constraints on the City’s response to the proposed UC Seismic Replacement Building at the Oxford tract and action on potential bond measures for the November 2000 ballot.
Contact:  Dona Spring, Councilmember 4, 644-6266

34. Appointments to Council Subcommittees
From:  Councilmember Spring
Recommendation:  Adopt a Resolution appointing Councilmember Worthington in lieu of Councilmember Spring on the Youth Council subcommittee of Vice Mayor Shirek, Councilmembers Breland and Maio; and accept that Councilmember Spring cannot serve on the Council subcommittee for the City Manager Evaluation process due to pressing District 4 issues at this time.
Contact:  Dona Spring, Councilmember 4, 644-6266

35. Moratorium:  University Avenue
From:  Councilmember Spring
Recommendation:  Request the City Manager to implement in the Zoning Code a prohibition on any new automobile related uses on University Avenue as previously approved in 1995 by the Planning Commission and Council in the University Avenue Area Plan; except at 1316 University Avenue where negotiations are currently under way; and that a transfer of existing automobile related uses require a public hearing.
Contact:  Dona Spring, Councilmember 4, 644-6266

36. Federal Funding for Homeless Services
From:  Councilmember Maio
Recommendation:  Direct the City Clerk send a letter on behalf of the City, such as the attached, to Senators Barbara Boxer and Dianne Feinstein, and Representative Barbara Lee, requesting that they support increased federal funding for homeless assistance programs in FY 2001 budget.
Contact:  Linda Maio, Councilmember 1, 644-6359

37. Fee Waiver - Himalayan Fair
From:  Councilmember Maio
Recommendation:  Adopt a Resolution waiving all fees associated with the 17th Annual Himalayan Fair, May 19, 20, 21 at Live Oak Park and waive Berkeley Municipal Code (BMC) Section 20.24.010 to permit 2 banners to be hung over or near Shattuck Avenue, to be placed in consultation with staff.
Contact:  Linda Maio, Councilmember 1, 644-6359  

38. Mobile Solar Demonstration Project Funding
From:  Councilmember Maio
Recommendation:  Allocate $15,000 this month to build a mobile photovoltaic (solar energy) demonstration installation on a trailer to be used for educational and community events in time for Earth Day.
Contact:  Linda Maio, Councilmember District 1, 644-6359

39. Grant Applications:  Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Treatment (SAMHSA)
From:  Mayor Dean
Recommendation:  Request the City Manager explore the availability of funding   through SAMHSA of up to $30 million for grants to expand substance abuse treatment capacity in cities with serious, emerging drug problems or that propose innovative solutions to meet unmet treatment needs and explore other grant applications being sponsored by SAMHSA and report back to Council on the outcomes.
Contact:  Shirley Dean, Mayor, 644-6484

40. Raising the Tibetan Flag in Berkeley
From:  Mayor Dean and Councilmember Worthington
Recommendation:  That Council ratify the conditional approval of the City Manager to allow the Tibetan Flag to be raised on the city flag pole in Martin Luther King, Jr. Park on March 10, 2000, and further, to allow this event to occur annually in Berkeley on the anniversary of the Tibetan Uprising.
Contact:  Tamlyn Schafer-Bright, Executive Assistant to Mayor Dean, 644-6484

41. Approve City Manager Recommendations from the FY 2000 2nd Quarter Financial Summary Report and allocate $156,450 in remaining funds
From:  Mayor Dean and Councilmembers Olds and Armstrong
Recommendation:  Adopt a Resolution approving:  1) the amendments to the FY 2000 budget for items that require funding on an urgency basis as proposed in the City Manager’s Report regarding the 2nd Quarter Financial Summary Report dated February 22, 2000 as follows; 2) allocate $156,450 from FY 2000 funds as follows: a) BOSS Multi-Agency Service Center Weekend Services, $5,000; b) Prince Hall Arms Housing Project Management, $50,000; c) Lifelong Medical Care, Uninsured, $26,450; d) Santa Rosa Lights Installation, Piedmont and Ashby Pedestrian Safety, $26,450; e) Underground Utilities Citywide Plan Consultant, $50,000; and approve further items as recommended by the City Manager; 3) accept the status report apprising the Council of citywide year-to-date revenue and expenditures through December 31, 1999 and preliminary update of the General Fund Five-Year Forecast for FY 2000 through FY 2004; 4) defer to the FY 2001 Mid-Biennial Budget Review (May-June) funding considerations of other items; 5) approve the proposed framework and timetable for the City Council’s FY 2000 and FY 2001 Mid-Biennial Budget Review; 6) adopt the following new budget policies aimed at establishing a more rigorous protocol for evaluation of funding needs that arise outside of the normal budget process which a) requires staff to review and analyze items with fiscal implications placed on the agenda directly with the members of the City Council prior to adoption; b) limit expenditure of one-time funds for one-time needs; and, 7) refer the recommended policy to establish a debt limit to govern the extent to which the City borrows funds to undertake major projects and/or purchase of significant capital assets to the Citizens Budget Review Commission and the staff with the request that they return to the Council with their recommendation for what that specific debt limit should be, so that Council can adopt both the debt limit and the policy at the same time.
Contact:  Shirley Dean, Mayor, 644-6484, Betty Olds, Councilmember District 6, 644-6399, Polly Armstrong, Councilmember District 8, 644-6401.

42. Proclamation:  Hunger Awareness Month
From:  Councilmembers Worthington and Breland
Recommendation:  Approve a proclamation for March 2000 as Hunger Awareness Month.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 and Margaret Breland, Councilmember District 2, 644-6400

43. Proclamation:  Hunger Cleanup
From:  Councilmembers Worthington and Breland
Recommendation:  Approve a proclamation for April 8, 2000 as Hunger Cleanup day.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 and Margaret Breland, Councilmember District 2, 644-6400

44. Reduce 5-Ton Limit in Residential Areas and Limit Misuse of Visitor Parking permits
From:  Councilmember Worthington and Vice Mayor Shirek
Recommendation:  Refer to the City Manager to 1) reduce the 5-ton weight limit to a 3 or 4-ton weight limit in residential areas and 2) explore solutions to limit the misuse of visitor parking permits.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 and Maudelle Shirek, Vice Mayor District 3, 644-6243

45. Purchase:  Microphone, Speaker(s) and Recording Device
From:  Councilmember Worthington
Recommendation:  Adopt a Resolution authorizing the purchase of microphone, speaker(s) and recording devices to be used at the General Plan meetings, Southside Plan meetings and other community meetings.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

46. Fee Waiver - San Pablo Park Rainbow Neighborhood Group
From:  Councilmember Breland
Recommendation:  Adopt a Resolution waiving all fees associated with the use of the Francis Albrier Community Center at San Pablo Park by the Greater San Pablo Park Rainbow Neighborhood Group (GSPPRNG) for their annual social to be held March 19, 2000.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

47. Alcohol Outlets in South and West Berkeley
From:  Councilmember Breland and Vice Mayor Shirek
Recommendation:  Request the City Manager develop a land use and economic development strategy to reduce the number of off-sale outlets in South and West Berkeley, including consideration of:  1) establishment of a special fund and dedicated revenue source to buy out and extinguish alcohol permits over time; 2) creation of incentives in the City’s business loan program for loans to business owners who want to convert liquor stores to another use; and 3) prioritizing Housing Trust Funds for projects that rehabilitate existing housing or develop new housing while extinguishing a ground floor alcohol outlet.
Contact:  Margaret Breland, Councilmember District 2, 644-6400 and Maudelle Shirek, Vice Mayor District 3, 644-6243

48. Living Wage Ordinance
From:  Mayor Dean
Recommendation:  Discuss tonight and adopt a specific date to take action on the Living Wage Ordinance.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

49. Playing Fields
From:  Mayor Dean
Recommendation:  Refer to the City Manager the consideration of two new policies regarding playing fields as follows:  1) in the selection of playing field sites being considered for further study, that no studies, even informal ones, be undertaken until an effort has been made to contact known neighborhood, crime watch, or other similar groups to advise them of what is being done and they are given official assurance of their involvement from the beginning of the study; and 2) to clarify for staff that Council does not prefer one recreational activity over another, so that if an existing recreational facility is already well-used and in reasonable repair, the existing facility should not be a candidate for replacement with another facility for a different sport.
Contact:  Shirley Dean, Mayor, 644-6484 and Jennifer Drapeau, Chief of Staff, Mayor’s office, 644-6484

50. Dedication:  James Kenney Park
From:  Councilmember Maio
Recommendation:  Dedicate the gymnasium at James Kenney Park naming it “The James Mitchell Gymnasium.”
Contact:  Linda Maio, District 1, 644-6359

51. Recycling Board Designation as Measure D Local Task Force
From:  Mayor Dean and Councilmember Spring
Recommendation:  Designate the Recycling Board as the Local Task Force (LTF) as contemplated by Measure D and inform the Alameda County Waste Management Authority (ACWMA) and the Alameda County Board of Supervisors of Council’s decision.
Contact:  Dona Spring, Councilmember District 4, 644-6266 and Shirley Dean, Mayor, 644-6484

52. Youth Employment for Summer 2000
From:  Mayor Dean
Recommendation:  Request the federal government approve an “emergency supplemental appropriation” to address the shortfall in funds needed to continue serving 500,000 youth nationwide during the summer of 2000, under the federal Workforce Development Act, and approve adequate federal funding for this purpose in the FY 2001 budget, and 2) request that the City Clerk forward this information to President Clinton, Senators Boxer and Feinstein, Representative Barbara Lee, and our Washington lobbyist.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

53. In-Home Support Services
From:  Councilmember Spring
Recommendation:  Direct the City Manager to write a letter to each member of the Alameda County Board of Supervisors requesting that they raise the hourly rate for In-Home Support Services to $10 in keeping with the need for a living wage and as requested by Union 616 representing In Home Healthcare workers and the population of disabled and elderly people dependent of these services.
Contact:  Dona Spring, Councilmember District 4, 644-6266

54. Oakland Citizens Police Review Board
From:  Police Review Commission
Recommendation:  Direct the City Clerk to send a letter to Mayor Brown expressing the Oakland Citizens Police Review Board (CPRB) and urging Mayor Brown to fill vacancies on the Board.
a. City Manager Report
Recommendation:  The City Manager has no position on this item.
Contact:  Dash Butler, Police Department, 644-6568

Presentations

55. Presentation: Route 24/Caldecott Tunnel Corridor Study by Metropolitan Transportation Commission (MTC)
From:  Councilmember Armstrong
Contact:  Polly Armstrong, Councilmember District 8, 644-6401

Action Calendar

 Priority:

56.             Purchase:  PBX Telephone System  (to be delivered)
From:  City Manager
Recommendation:  Adopt a Resolution approving the plans and specifications for the City PBX Equipment; accept the bid of Exp@nets; and authorizing the City Manager to execute an agreement and any amendments for an amount not to exceed $956,581 for the purchase and installation of a PBX telephone system in the Public Safety Building, Civic Center Building, Main Library, and customer service centers located at 2020 Center Street (Finance), 2016 Center Street (HHS Recreation) and 2120 Milvia (Permit Service Center) (Phase I) and that Council commits to funding the balance of City PBX Equipment budget including up to $768,000 of general funds.
Contact:  James Keene, City Manager Ad-Hoc Citizens Review Committee, 644-6580

Old Business:

57. FY2000 2nd Quarter Financial Summary Report (held over from February 22, meeting)
From:  City Manager
Recommendation:  1)  Accept the status report apprising the Council of citywide year-to-date revenues and expenditures through December 31, 1999 and preliminary update of the General Fund Five-Year Forecast for FY2000 through FY2004; 2) adopt a Resolution amending Resolution No. 60,089-N.S., (FY2000) Budget to authorize funding on an urgency basis in the amount of $250,550 for Council commitments made since July 1, 1999; $768,000 for Telephone System Upgrades, Phase I; $825,000 for I-80 Overpass Project Funding shortfall; 3) Defer to the FY2001 Mid-Biennial Budget Review (May-June) funding considerations of other items; 4) approve the proposed framework and timetable for the City Council’s FY2000 & FY2001 Mid-Biennial Budget Review; and, 5) provide direction on specific budget policies being proposed to guide the City’s future budgeting and fiscal management practices.
Contact:  Phil Kamlarz, City Manager, 665-7530

58. Council Appointments and Setting Term Limits of City Council Health Subcommittee  (held over from February 22 meeting)
From:  City Manager
Recommendation:  Adopt a Resolution appointing members of the City Council to the Health Subcommittee and defining the terms.
Contact:  Sherry M. Kelly, City Clerk, 644-6480

59. Establishment of Small Business Support Program (removed from the Consent calendar by Mayor Dean and held over from February 22 meeting) to be delivered
From:  Mayor Dean
Recommendation:  Refer to the City Manager the establishment of a Small Business Support Program based upon the following recommendations:  1) Business skills Development, 2) City purchasing program favoring Berkeley businesses; 3) improving communication between businesses and City; 4) increase ownership of location site by businesses; 5) concerted opposition to Internet sales tax exemption; 6) partner with existing resources such as the U.S. Conference of Mayors Partner America Program, the Haas School of Business, and the East Bay Center for International Trade.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

60. High Tech Business Attraction and Job Training (removed from the Consent calendar by Councilmember Maio and held over from February 22 meeting)
From:  Councilmembers Maio and Armstrong
Recommendation:  Direct the City Manager to: 1) aggressively pursue high tech businesses, such as internet infrastructure and service providers, application service providers, and multimedia entities, including high tech manufacturing, to locate in Berkeley, which can offer jobs that provide good wages, benefits, and advancement opportunities to our residents; 2) develop a plan to strengthen technical skills training programs that serve Berkeley residents, to prepare them for new employment opportunities; and 3) recommend to the City Council what additional measures the Council could enact to enhance such partnerships with desired businesses to train and employ Berkeley residents.
Contacts:  Linda Maio, Councilmember District 1, 644-6359; Polly Armstrong, Councilmember District 8, 644-6401

61. Support a Moratorium on Executions in California (removed from the Consent calendar by Mayor Dean and held over from the February 22 meeting)
From:  Councilmembers Worthington, Breland, Spring, and Vice Mayor Shirek
Recommendation:  Support a moratorium on executions in California, until a study can be completed to determine if the death penalty is being fairly applied and have the City Clerk send a letter to Governor Gray Davis, Senator Don Perata, and Assemblymember Dion Aroner asking for the stop of all executions until the study is complete.
Contacts:  Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266; Maudelle Shirek, District 3, 644-6243

62. Discussion of Planning Department and Planning Commission Work Load (removed from Consent Calendar by Councilmember Worthington and Mayor Dean and held over from February 15 and February 22 meeting)
From:  Mayor Dean
Recommendation:  Hold a discussion with staff and the Planning Commission on 2/15/00 regarding workload.  Discussion to include consideration of: 1) adoption of a later date than Fall 2000 for forwarding the General Plan to Council for approval; and at this time; 2) give highest priority to completing the Southside Plan, responding to UC-Berkeley’s New Century Plan and other UC site specific projects that are time sensitive, so that planning implications can be fully and adequately studied and responded to by residents, commissions, Council and staff; and 3) request a report from the Planning Commission and staff for a new time line for review by residents and completion of the Master Plan, taking into account the above priorities.  Recommendations are to come to the Council for approval including recommendations for the allocation of necessary resources to complete the process; and 4) unless there are issues that are compelling and urgent, Council refrain from adding new planning issues to the Commission’s agenda during this time period. 
Contact:  Shirley Dean, Mayor, 644-6484  

63. University Avenue Medians and Streetscape Plan (held over from February 15 and 22 meetings)
From:  Councilmember Maio
Recommendation:  Refer to the City Manager and the Budget Review the need for a landscaping design plan for University Avenue and for an irrigation system and permanent planting on the medians.
Contact:  Linda Maio, Councilmember District 1, 644-6359


64. Pedestrian Right-of-Way and Speed Laws on Martin Luther King Jr. Way (removed from the Consent calendar by City Manager and held over from the February 22 meeting)
From:  Commission on Aging
Recommendation: 
Remind the Berkeley Police Department to enforce the pedestrian right-of-way and speed laws, especially on Martin Luther King Jr. Way.
Contact:  Silver Ward, Secretary, 644-6050
a. City Manager Report
Recommendation: 
The City Manager thanks the Commission on Aging for its recommendation, but the Police Department and Chief of Police take the enforcement responsibility very seriously and will make all efforts to enforce traffic and safety laws.
Contact:  Fred Medrano, Health and Human Services, 644-6459

New Business:

65. Appointment of Council Members to Safety Members Pension Board
From:  City Manager
Recommendation:  Adopt a Resolution appointing two Councilmembers to the Safety Members Pension Board with terms expiring December 1, 2000.
Contact:  Frances David, Finance, 644-7402

66. Aquatic Park Living Wall Sound Barrier
From:  City Manager
Recommendation:  Select one of the two options for proceeding with the Living Wall Sound Barrier Project and direct staff to work with Caltrans and the Alameda County Congestion Management Agency (CMA) in pursuing its preferred option; 1) request of the County Congestion Management Agency (CMA) and California Transportation Commission (CTC) a 20-month extension for the project so that Caltrans can, working with City staff, design an attractive-as-possible variation of its standard concrete masonry wall as an affordable alternative to the Living Wall; or 2) request the CMA and CTC, a 20-month extension for the project so that Caltrans and the City, working with a third party engineering firm, can identify a lower cost alternative Living Wall design.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943x222.

67. Contract:  Design and Construct Recreational Facilities at the Harrison Street Site
From:  City Manager
Recommendation:  Adopt a Resolution to:  1) authorize the City Manager to execute a contract and any amendments in an amount not to exceed $1,270,000 with the Association for Sport Field Users (ASFU), a non-profit organization, to design and construct recreational facilities on the 6.4 acre site located at 5th and Harrison Streets; and 2) waive all plan check and permit fees in an amount not to exceed $45,000.
Contact:  Lisa Caronna, Parks & Waterfront, 644-6970x222

68. Housing Trust Fund Sources
From:  Councilmembers Maio and Breland
Recommendation:  Direct the City Manager to develop proposals for the Council’s consideration for a permanent funding source for the Housing Trust Fund, including looking at increasing fees on those rental property businesses that have experienced substantial increases in income due to vacancy de-control.
Contact:  Linda Maio, Councilmember District 1, 644-6359 and Margaret Breland, Councilmember District 2, 644-6400

69. San Pablo Avenue Planning Process
From:  Councilmembers Breland and Maio
Recommendation:  Direct the City Manager to initiate a more detailed planning process for San Pablo Avenue than exists in the West Berkeley Plan and use the University Avenue Strategic Plan as the basis for the San Pablo plan.
Contact:  Margaret Breland, Councilmember District 2, 644-6400 and Linda Maio, Councilmember District 1, 644-6359

70. Santa Fe Right-of-Way Planning Process
From:  Councilmembers Maio and Breland
Recommendation:  Direct the City Manager to initiate a planning process for the Santa Fe Right-of-Way for the express purpose of utilizing the land for biking or walking paths; open space; workforce housing; and community gardens.
Contact:  Linda Maio, Councilmember District 1, 644-6359 and Margaret Breland, Councilmember District 2, 644-6400

71. Contracts:  University of California
From:  Peace and Justice Commission
Recommendation:  Adopt a Resolution 1) providing that all proposals to contract with entities engaged in work for nuclear weapons, including any contracts between the University of California Berkeley and the City which involve the provision of revenue to the City, and the exchange of services without monetary compensation, except for the nine contracts specifically enumerated in Resolution No. 59,763-N.S., be subject to review by the Peace and Justice Commission, or other appropriate commissions, prior to being noticed on any Council agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing the Peace and Justice Commission (a) to continue to review any request for waiver of the Nuclear Free Berkeley Act for monetary contracts with the University of California; (b) that such review occur at least eight weeks prior to the time the contract is submitted to the Council, or at the earliest time when the City Manager becomes aware that actions being proposed will require a waiver of the Nuclear Free Berkeley Act; (c) that copies of such proposed contracts be made available for inspection and copying at a rate of no more then ten cents per page to any citizen prior to the listing of such contract on the Council agenda; (d) that notice of proposals to waive the Nuclear Free Berkeley Act be mailed free of charge to any person having an address within this City who seeks such notice by applying through the Office of the City Clerk; (e) such notice should advise persons of the dollar amount of the proposal, what types of services the proposed contract is for, the parties whom the contract is with, the date the matter is due to be brought before the Council, and that copies of the contract are available for inspection at the Office of the City Clerk; and (f) that any contract approved without following the above specified procedure shall be null and void.
a. City Manager Report
Recommendation:  Take no action until staff has a chance to review and comment on the report.  Staff will return to Council with an analysis and recommendation at the meeting of May 9, 2000.
Contact:  Manuel Hector, Secretary, 665-6880

72. Support Human Rights in Chiapas, Mexico
From:  Peace and Justice Commission
Recommendation:  Adopt a Resolution directing the City Manager to take specific actions regarding the on-going struggle of the Indigenous people of the Mexican State of Chiapas; and direct the City Clerk to send a letter to various public officials requesting a) a stop to all Human Rights violations and insure Human Rights are respected in the future; b) to fully investigate and prosecute Human Rights violators; c) a stop to the harassment and expulsion of tourists of conscience and insure that the rights of foreigners traveling in Chiapas be respected in the future without the need of special status; 3) contribute $750 to ENLACE Civil, a non-profit organization that provides food and humanitarian aid to the refugees of Chiapas; 4) contribute $750 to Centro de Derechos Humanos de la Montana Tlachinollan, a non-governmental human rights group in Guerrero that documents human rights violations against activists organizing for social change; and 5) advise the Peace and Justice Commission of any responses that the City receives in regards to this matter.
a. City Manager Report
Recommendation:  Refer the allocation of $1,500 to the budget process for the contributions to ENLACE Civil and Centro de Derechos Humanos de la Montana Tlachinollan.
Contact:  Manuel Hector, Secretary, 665-6880

Information Reports

73. Formal Bid Solicitations and Request for Proposals
From:  City Manager
Contact:  Frances David, Finance, 665-7402

74. Taxi Stand on West Side of Shattuck Avenue (CR 2000-01)
From:  City Manager
Contact:  Rene Cardinaux, Public Works, 665-3439

75. Grant:  Family Planning Services
From:  City Manager
Contact:  Fred Medrano, Health and Human Services, 665-6844.

76. Evaluation Report: Emergency Disabled Services Contract With Easy Does It
From:  City Manager
Contact:  Phil Kamlarz, City Manager, 665-7530

77. Clarification on Animal Licensing Enforcement Issues in the Spay-Neuter Ordinance
From:  Councilmember Dona Spring
Contact:  Dona Spring, Councilmember District 4, 644-6266

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. John Selawsky, regarding the General Plan.

2. Richard DeShong, regarding pedestrian’s causing accidents on Berkeley streets.

3. Christina Birch, regarding 1303 Oxford development.

4. Barbara Boxer, United States Senator, Washington, D.C., regarding the Land and Water Conservation Fund.

5. Thomas Blalock, BART, regarding appointing someone to the East Bay Paratransit Consortium rider advisory committee.

6. Jeffrey DePuy, regarding recycling plastics.

7. Jonah Markowitz, regarding left turn arrow at Sacramento and Dwight.

8. Steve Dahlgren, regarding parking citations.

9. Wendy Alfsen, regarding sale of 2022 Grant. 

10. John Selawsky, regarding recycling plastics.

11. Councilmember Linda Maio, regarding not enough skilled workers.

12. Ruth Rentz, regarding General Plan.

13. John Dunne, regarding 2455 Prospect Street.

14. L. A. Wood, regarding violations(s) of Permit Conditions for PSC’s Thermo Recycler.

15. James Sharp and Daniella Thompson, regarding City growth planning.

16. Lois Kadosh, regarding proposed wood-burning ordinance.

17. Ray Dobard, regarding specific information on the Housing Authority contract between owner and tenant and other homeless occupants.

18. P. Kennedy, regarding redevelopment of 2700 San Pablo.

19. Angela Hunkler, regarding Russell Otis Neighborhood design and work plan.

20. Daniella Thompson and James Sharp, regarding University of California’s Goldman School of Public Policy Expansion Project.

21. Deborah Green, regarding Public Safety Building radio tower.

22. Adele Szilardi, regarding curbside plastic recycling.

23. Anne Marselis Whyte, regarding disturbances on the 2700 block of College Avenue.

24. Curtisbray1952, regarding Environmental Exposure.

25. Phil Giarrizzo, regarding Laguna San Ignacio.

26. Tomasa Medina, regarding alcohol sales at 2022 Grant Street.

27. Janet Levenson, regarding alcohol sales at 2022 Grant Street.

28. Kathi Pugh and Josh Maddox, regarding alcohol sales at 2022 Grant Street.

29. Anthony MacLeod, regarding alcohol sales at 2022 Grant Street.

30. Victor Lab, regarding alcohol sales at 2022 Grant Street.

31. Josh Maddox and Kathi Pugh, regarding conversion of the Veteran’s Building for the homeless shelter program.

32. Marily Ziebarth, regarding conversion of the Veteran’s Building for the homeless shelter program.

33. Patrick Romani and Kathy Berger, regarding Sather Gate Garage Revenue System.

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

Adjournment


City of Berkeley Home / Departments / City Clerk Home / Boards and Commissions /  
City Charter / City Council / BMC / Conflict of Interest / Domestic Partnership / Election Info / Records Online

City of Berkeley Logo

City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.