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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, MARCH 21, 2000

AGENDA

 Preliminary Matters

Roll Call: 

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

  1. Proclamation:  Marshall Burgamy, Principal of Berkeley Adult School

  2. Proclamation:  National Women’s History Month

  3. Proclamation:  Caesar Chavez

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 held over to the next meeting unless the City Manager requests action due to priority.

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. Vacating a Portion of Public Right-of-Way – Potter Street  (first reading vote – Ayes:  unanimous)
From:  City Manager
Recommendation:  Adopt second 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

3. Berkeley Redevelopment Agency Annual Report for Fiscal Year 1998-99
From:  City Manager
Recommendation:  Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 1998-99.
Contact:  Wendy Cosin, Planning, 705-8108

4. Purchase Order:  Clean City Program
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to increase the purchase order with GCS Western Power Equipment by $10,000 to an amount not to exceed $35,000 through June 30, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3439.

5. Purchase Order:  Vehicle Maintenance
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to increase the purchase orders with Strehles’ Auto Body and Koehler’s Auto Body in the amount not to exceed $50,000 for each vendor through June 30, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3439.

6. Purchase Order:  Maintenance of Sewers
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to increase the purchase order with State Chemical Manufacturing Company by $15,000 to an amount not to exceed $40,000 through June 30, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3439.

7. Contract:  Aquatic Park Children’s Play Area
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to approve the plans and specifications and accepting the bid of BRCO Constructors, Inc., for the Aquatic Park Childen’s Play Area Site Preparation Project; and authorizing the City Manager to execute a contract and any amendments for period of 180 days with BRCO Constructors, Inc. for a total amount of $161,629 and, if necessary, for up to an additional twelve percent of the contract amount.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943x222.

8. Contract:  Ambulance Billing and Collection Services
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Allied Information Services to provide billing/collection services for the ambulance service through April 1, 2002 for 9.5% of revenue collected.
Contact:  Reginald Garcia, Fire, 644-6665

9. LPC Designation of 801 Grayson Street as a Structure of Merit
From:  City Manager
Recommendation:  Waive Council rules to allow discussion at tonight’s Council meeting of the Landmarks Preservation Commission designation of 801 Grayson Street as a Structure of Merit, and that the Council take action to set a public hearing for April 11, 2000.
Contact:  Wendy Cosin, Planning, 705-8108

10. Contract:  Planning Consultant for Phase II of Courtauld’s, 1608 4th Street
From:  City Manager
Recommendation:  Adopt a Resolution approving the offering of a sole source contract to Pacific Municipal Consultants (PMC) not to exceed $25,000 to provide expedited review and processing of the former Courtauld’s Aerospace Paint Manufacturing Facility (now known as Berkeley Crossing), Phase II, 1608 Fourth Street, SPI Management.
Contact:  Wendy Cosin, Planning, 705-8108

11. Agreements and Fee Waivers:   Eco-Industrial Park
From:  City Manager
Recommendation:  Adopt three Resolutions authorizing the City Manager to: 1) waive all building permit fees in the approximate amount of $95,000 and use permit fees in the approximate amount of $7,095, related to the development of 900 Murray Street; 2) execute a grant agreement and any amendments in the amount of $200,000 with the California Integrated Waste Management Board (CIWMB) and to approve the scope of work for this service contract; and 3) execute a grant in the amount of $200,000 with Urban Ore, Inc. to create a demonstration Eco-Industrial Park at 900 Murray Street, using funds received from the CIWMB.
Contact:  Bill Lambert, Economic Development, 705-8187

12. UCB Seismic Replacement Building Environmental Impact Report (EIR)
From:  City Manager
Recommendation:  Direct staff to send a letter to UC Berkeley which incorporates the comments recommended by CEAC and the Planning Commission.
Contact:  Wendy Cosin, Planning, 705-8108
UC Berkeley Seismic Replacement Building 1 Draft EIR
From:  Community Environmental Advisory Commission
Contact:  Nabil Al-Hadithy, Secretary, 705-8155

13. Loan:  Freight & Salvage Coffee House
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to approve a loan up to $450,000 to the Freight & Salvage Coffee House for the purposes of relocating to the Addison Street Arts District.
Contact:  Phil Kamlarz, City Manager, 665-7530

14. Berkeley Firefighters Memorial
From:  Mayor Dean Recommendation:  Allow the Berkeley Firefighters to relocate their stone memorial to a location at Station 6, 999 Cedar Street, in a specific location subject to the City Manager’s approval.
Contact:  Tamlyn Bright, Executive Assistant Mayor Dean, 644-6484  

15. Fee Waiver:  Bay View Walk for Sight 2000
From:  Councilmembers Olds and Maio
Recommendation:  Waive all required permit fees for the Foundation Fighting Blindness “Bay View Walk for Sight 2000” event to be held on May 7, 2000 at Cesar Chavez Park.
Contact:  Susan Wengraf, Aide, 644-6399

16. Meeting – New Hills Fire Station
From:  Councilmember Olds
Recommendation:  Refer to the City Manager the request to have a mailing of 6,000 post cards sent to residents of the high hazard fire area noticing a community meeting on April 18, 2000 to discuss the new fire station. Contact:  Betty Olds, Councilmember District 6, 644-6399

17. Proclamation:  LGBT Family Night at the YMCA
From:  Councilmember Worthington
Recommendation:  Support the proclamation for the 2nd Annual Lesbian Gay Bisexual Transgender Family Night at the Berkeley YMCA, Saturday, March 25, 6-9 pm.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

18. Support:  US Senate Resolution 237 – Convention on the Elimination of all Forms of Discrimination Against women (CEDAW)
From:  Councilmember Worthington
Recommendation:  Support US Senate Resolution 237 (S. Barbara Boxer) expressing the sense of the Senate that the United States Senate Committee on Foreign Relations should hold hearings and the Senate should act on the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

19. Worker’s Rights Consortium and UC Code of Conduct for Production of Wearing Apparel
From:  Councilmember Worthington
Recommendation:  Congratulate the University of California for adoption of Code of Conduct and support the Workers’ Rights Consortium Resolution to ensure clothing apparel is not produced under sweatshop conditions. Contact:  Kriss Worthington, Councilmembeer District 7, 644-6398        

20. Flag Pole at Aquatic Park
From:  Mayor Dean
Recommendation:  Refer to the City Manager and pertinent Commissions the proposal to re-locate and re-dedicate the existing flagpole on the western side of Aquatic Park.
Contact:  Shirley Dean, Mayor, 644-6484

21. UC Surge Building EIR
From:  Councilmember Spring
Recommendation:  Make comments on the inadequacy of UC’s Seismic Replacement Building Draft Environmental Impact Report and go on record opposing the location of this building at the Oxford Tract and supporting the alternative sites studied in the EIR for this project with the preferred site being the Bancroft/Fulton lot and that the City Manager write a letter to Chancellor Berdahl requesting that he arrange for his representatives to meet with City representatives to work on financial and environmental mitigations for this project.
Contact:  Dona Spring, Councilmember District 4, 644-6266

22. Moratorium on New or Rebuilt Telephone Service Pedestals, Switching Boxes or Hubs and Consideration of Moratorium on Other Telecommunications Activities
From:  Mayor Dean
Recommendation:  Refer to the City Manager and the Task Force on Telecommunications two recommendations:  1)  place a moratorium of no more than 9-months, on the installation of new or rebuilt telephone service pedestals, switching boxes or hubs; requesting a response back to the City Council in no more than 30 days with a recommendation, a description of the process to follow and a time schedule; and 2)  place a moratorium of approximately one year on other telecommunications activities until a Master Plan for Telecommunications is put in place; requesting a response back to the City Council in no more than 60 days with a recommendation on the specific activities that would be covered, a description of the process to follow and a time schedule; requesting that the Manager and Task Force, specifically protect from delay, the existing list of undergrounding projects using Rule 20A funding; b) undergrounding projects which may proceed using Rule 20B funding; c) essential public safety services; and d) other projects as determined by the Manager and Task Force as adversely affecting business.
Contact:  Shirley Dean, Mayor, 644-6484

23. Formalizing the Steps for Establishing a Utility Undergrounding Assessment District under California Public Utilities commission (CPUC) Rule 20B
From:  Utility Undergrounding Task Force (Mayor Dean, Councilmembers Armstrong, Olds, Woolley)
Recommendation:  Approve the attached list of steps and procedures requisite to the establishment of utility undergrounding assessment districts under CPUC Rule 20B.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484

24. Urge the California State Legislature to Create Legislation for Registration and Licensure of Handguns
From:  Community Health Commission
Recommendation:  Adopt two Resolutions urging California State Legislature to create legislation for registration and licensure of handguns, and request the City Clerk send copies to Senator Perata, Assemblymembers Aroner and Scott. Contact:  Verdie Thompson, Health and Human Services, 644-6496.
a. City Manager Report
Recommendation:  Concurs with the content and recommendation of the Commission
Contact:  Fred Medrano, Health and Human Services, 644-6459

25. Three Strikes Law
From:  Peace and Justice Commission
Recommendation:  Support the initiative measure introduced by the Attorney General of the State of California restricting application of the “Three Strikes” law to violent and serious felonies; and encourage the citizens of Berkeley to sign the petition to the Secretary of State of California to submit the Initiative to the voters of California for their adoption or rejection at the next succeeding general election or an any special statewide election to held prior to that general election or otherwise provided by law.
Contact:  Manuel Hector, Secretary, 665-6880
a. City Manager Report
Recommendation:  The br Manager takes no position on this subject.
Contact:  Fred Medrano, Health and Human Services, 644-6459

Presentations

26. Presentation regarding Council Work Session Budget Initiatives
The Integrated Biennial Budget Process – Linking funding decisions to policy priorities and service-level outcomes.
Citywide Workprogram – Prioritization, monitoring and reporting progress on critical projects/initiatives. Contact:  Phil Kamlarz, City Manager, 665-7530

Public Hearing

27. Public Hearing on Zoning Appeal of Use Permit #99-10000040-2336 Fifth Street
a. Appeal filed by Michael Goldin
of the Zoning Adjustments Board decision of October 28, 1999, which denied the construction of two commercial (office and live/work) buildings totaling 23,000 square feet; the construction of a building with a height of 35 feet where a maximum of 28 feet is prescribed for buildings containing live/work units; and the designation up to 10% of the required 39 parking spaces as bicycle parking spaces.
b. City Manager Report (February 8, 2000)

Recommendation:  Set the matter for a public hearing on March 21, 2000 to consider the proposed project and proposed housing and childcare mitigations to be submitted by the Office of Economic Development.
Contact:  Wendy Cosin, Planning and Development, 705-8105
c. City Manager Report (March 21, 2000)
Recommendation: 
Conduct a public hearing and upon conclusion adopt a Resolution approving Use Permit #99-10000040, subject to floor plan modifications to make it consistent with the Zoning Ordinance, based on the Findings and subject to the Conditions of Approval and refer Table 23E.84.070 to the Zoning Revisions list.
Contact: Liz Epstein, Planning and Development, 705-8105
d. Communication: (February 8, 2000)
   1. Michael Goldin, Applicant
   2. Robert Hourula, Sirpa Tuomainen, and Bob Howard, Fifth and Channing neighbors.
e. Communication:  (March 21, 2000)
   1. Gene Poschman, Zoning Adustments Board member
   2. Joseph and Natalia Munoz
   3. Stephanie Manning
   4. Robert Hourula
   5. Sirpa Tuomainen
   6. Bob Howard
   7. Jerry Sears and Mary White
   8. Duplicate letter signed by Jeremy Anson and Meridee Carter, Clinton Dexter, Joe Guribe, Chris Zapit, Robert Hourula, and Gunn Atirn
   9. Seth Wachtel
   10. Stan Huncilman

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.

Action Calendar

Priority:

Old Business:

27. Approve City Manager Recommendations from the FY 2000 2nd Quarter Financial Summary Report and allocate $156,450 in remaining funds  (Removed from the Consent Calendar by Worthington and held over from March 14, 2000.)
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.

28. FY2000 2nd Quarter Financial Summary Report (held over from February 2 and removed from Consent Calendar by Councilmember Worthington and held over from March 14)
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:  Shirley Dean, Mayor, 644-6484, Betty Olds, Councilmember District 6, 644-6399, Polly Armstrong, Councilmember District 8, 644-6401.

29. FY2000 2nd Quarter Financial Summary Report – Supplement
From:  City Manager
Recommendation:  Staff recommends that the Council take the following actions necessary to bring closure to the FY2000 2nd Quarter Financial Review:  1) Approve appropriation of $170,550 from available FY2000 General Fund balances to provide for expenditure of specific items previously approved by the Council and committed by the City; 2) Consider appropriation of $80,000 from available FY2000 General Fund Balances to provide for items approved by the Council, but for which commitments have not yet been made; 3) Continue to set-aside previously identified funding estimates for separate award of contracts for the Telephone System Upgrade as well as the I-80 Overpass; 4) Approve the proposed timetable for the Mid-Biennial Review of the FY2000 & FY2001 budget; 5) Defer to a subsequent budget worksession discussion of specific budget policies aimed at guiding future budget development and management practices.
Contact: 

30. Purchase:  PBX Telephone System (Removed from the Consent Calendar by Councilmember Worthington and held over from March 14)
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

31. County Courthouse in Berkeley  (removed from the Consent Calendar by Councilmember Worthington and held over to March 14)
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

Information Reports

32. Landmarks Preservation Commission Notices of Decisions: 801 Grayson Street (Philadelphia Quartz site); 2144 Shattuck Avenue (Wells Fargo Building); 2555 Rose Walk; three blocks bounded by University Avenue, Hearst Avenue, I-880 and 4th Street, including 620 Hearst Avenue, 1916 2nd Street, 1916 2nd Street, 1920 2nd Street, 642 Hearst Street, 701 University Avenue, 1900 4th Street and the northbound off-ramp (eastern side) of I-880, etc.
(BMC 3.24.190 allows Council to move this report to “Action” to certify the decision and set a public hearing)
Contact:  Sherry Kelly, City Clerk, 644-6480

The following report is hereby added as a Supplemental Item to the Agenda of the Berkeley City Council Regular Meeting of March 14, 2000

Consent

33. Support for Legislation (AB421) on Emergency Room Closures
From:  Community Health Commission
Recommendation:  Adopt a Resolution supporting AB421 and send a copy of the Resolution to Assemblywoman Dion Arner and Senator Perata.
Contact:  Manuel Hector, Health and Human Services, 665-6880

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. Marie Carayanis, regarding development proposal at 1725 University Avenue.

2. Jeannie de Vries, regarding 150 Berkeley Square.

3. Bill Telson, regarding Sacramento – Dwight neighborhood.

4. Bob Marsh, regarding Public Safety Building oversized antenna tower.

5. Susan Schwartz, Friends of Five Creeks, regarding residential street-sweeping program.

6. Susan Wengraf, regarding Berkeley’s General Plan update.

7. Betty Segal, regarding the Cable Television Franchise Agreement.

8. Anthony MacLead and Victor Lab, regarding Saturday construction work on the Public Safety Building.

Adjournment


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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.