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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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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, May 23, 2000

Preliminary Matters

Roll Call:  7:00 p.m.

Ceremonial Matters: 

            Proclamation:  Honoring Matt Wangeman

            Proclamation:  Honoring Resources for Community Development (RCD)

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.         General Municipal Election on November 7, 2000 and Possible Mail Ballot Runoff Election on December 5, 2000

            From:  City Manager

            Recommendation:  Adopt a Resolution: 1) Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held on November 7, 2000; 2) requesting the Alameda County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election; 3) authorizing certain procedural actions; and 4) authorizing the City Clerk to conduct an all-mail ballot election on December 5, 2000 in the event of a runoff election.

            Contact:  Sherry Kelly, City Clerk, 644-6480

3.         Rubbish Collection Franchises

            From:  City Manager

            Recommendation:  Adopt a resolution 1) Intent to grant non-exclusive rubbish collection and transportation franchises for a period of three years to the following applicant companies:  Bay View Refuse Service, Berkeley Sanitary Service, Biagini Waste Reduction Systems, Inc., Handican of Berkeley; Waste Management, Inc., Waste Resource Technologies, and U.S. Eagle, Inc.; 2) establish the public hearing date of June 20, 2000, and 3) waive Council rule prohibiting Council action on the same night as the public hearing.

            Contact:  Rene Cardinaux, Public Works, 665-3460

4.         Motorcycle Parking

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) 14.40.150C, to eliminate the requirement that two-wheeled or three-wheeled vehicles not stop, stand or park in any marked parallel parking space within three feet of either end of a parking space.

Contact:  Rene Cardinaux, Public Works, 665-3460

5.         Contract:  Albany Sewer Project

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Harris and Associates for the Albany Sewer Project construction administration by increasing the contract amount $130,000 for a total not to exceed $990,000 for the period ending June 30, 2000.

Contact:  Rene Cardinaux, Public Works, 665-3460

6.         Adeline Street Apartments Project

            From:  City Manager

Recommendation:  Adopt a Resolution approving $317,674 in additional Housing Trust Fund (HTF) reservation for the Adeline Street Apartments Project, a nineteen (19) unit rental supportive housing project located at 3222-3224 Adeline Street on the condition that the additional fund reservation be returned once the project receives an allocation of project-based Section 8 Certificates/Vouchers.

Contact:  Stephen Barton, Housing, 665-3481

7.         Senior Nutrition Program

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to waive the competitive bid requirement and to expend no more than $34,450 for the purchase of food trays and paper products from SYSCO Food Services of San Francisco, Inc. to allow uninterrupted food service to Berkeley's elderly residents through the Senior Nutrition Program for the period July 1, 1999 to June 30, 2000.

Contact:  Fred Medrano, Health and Human Services, 665-6879

8.         Contract:  HIV Prevention

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute amendments to the contracts with the Berkeley Public Education Foundation and the Women's Daytime Drop-in Center to increase the amounts by $2,500 and $1,500, for the provision of HIV prevention services for the period July 1, 1999 to June 30, 2000.

Contact:  Fred Medrano, Health and Human Services, 665-6879

9.         Community Environmental Advisory Commission Voting Procedure

            From:  City Manager

Recommendation:  Adopt a Resolution amending Section 5 of Resolution No. 58,997-N.S. to reflect that voting is by a majority of the actual appointees of the Commission.

Contact:  Wendy Cosin, Planning and Development, 705-8108

10.       Contract:  Workers' Compensation Actuarial Services

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with KPMG LLP in the amount of $15,750 for actuarial services of the Workers' Compensation Self-Insurance Program for the Fiscal Year ending June 30, 2000.

Contact:  Ron Brown, Personnel, 665-7614

11.       Employment Programs Administrator Classification

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to establish the classification of Employment Programs Administrator, and abolish the classification of Senior Employment Specialist, effective June 1, 2000.

Contact:  Ron Brown, Personnel, 665-7614

12.       Temporary Agency Services

            From:  City Manager

Recommendation:  Adopt a Resolution approving an expense of up to $48,000 for Volt Temporary Employment Agency services to the Police Department for the period July 1, 1999 to June 30, 2000.

Contact:  D. E. Butler, Police, 644-6568

13.       Collection of Nuisance Abatement Costs

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 to clarify the methods available to the City to recover its costs of nuisance abatement.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

14.       Competitive Bidding - Nuisance Abatement

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 to clarify that expenditures necessary to abate nuisances that pose imminent hazards are exempt from the competitive bidding requirements pursuant to the City Charter and to specify the competitive bidding requirements for other nuisance abatement expenditures.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

15.       Contract:  Pathway Repair - Aquatic Park, Cedar-Rose Park, Ohlone Park

            From:  City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Pathway Repair Project at Aquatic Park, Cedar-Rose Park and Ohlone Park; accepting the bid of Meade Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $156,932 for a period of 120 calendar days.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

16.       I-80 Bicycle/Pedestrian Overcrossing

            Agreements:  Cooperative and Maintenance

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) execute the Cooperative and Maintenance Agreements with Caltrans for the I-80 Bicycle/Pedestrian Overcrossing; and 2) refer the project maintenance to the budget process.

            Contact:  Rene Cardinaux, Public Works, 665-3460 

17.       I-80 Bicycle Pedestrian Overcrossing

Contract:  Construction

            From:  City Manager

Recommendation:  Adopt a Resolution approving the Plans and Specifications for the I-80 Pedestrian Overcrossing, accepting the bid of C.C. Meyers, Inc. and authorizing the City Manager to execute a contract and any amendments with C.C. Meyers, Inc. in the amount of $5,270,584 with a contingency allowance of $639,000 for construction of the I-80 Pedestrian Overcrossing.

            Contact:  Rene Cardinaux, Public Works, 665-3460

18.       I-80 Bicycle/Pedestrian Overcrossing

            Contract:  Construction, Engineering and Architectural Services

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with OPAC Consulting Engineers to : 1) assist the City during the construction phase; 2) provide additional engineering services necessary for issuance of a CalTrans encroachment permit; and 3) provide additional architectural services regarding bridge color and design details for the I-80 Bicycle/Pedestrian Overcrossing in an amount not to exceed $195,794, which includes 10% contingency, for a contract total not to exceed $647,222 for the term ending June 30, 2001.

Contact:  Rene Cardinaux, Public Works, 665-3460

19.       Emergency Disaster Planning

            From:  Councilmember Olds

Recommendation:  Request the City Manager look into the current disaster plan for the entire City of Berkeley and report back to Council with an evaluation of how the needs of residents living east of the Hayward Fault are being addressed in the context of the whole City plan.

Contact:  Betty Olds, Councilmember District 6, 644-6399

20.       Litter from Daily Californian Inserts

            From:  Councilmember Olds

Recommendation:  Request the City Manager write to Hubert Brucker, General Manager of the Daily Californian, requesting that the litter problem created by inserts in the newspaper, especially in locations where there are open boxes, be corrected.

Contact:  Betty Olds, Councilmember District 6, 644-6399

21.       Woman's Will Theater Company

            From:  Councilmember Armstrong

Recommendation:  Waive the fees associated with performances by Woman's Will Theater Company in the Berkeley parks this summer:  John Hinkel Park on July 15 and 16, and Live Oak Park on July 22 and 23.

Contact:  Polly Armstrong, Councilmember District 8, 644-6401 

22.       Environmental Impact Report on the Memorial Stadium Lighting

            From:  Councilmember Armstrong

Recommendation:  Request the City Manager write a letter to the University of California requesting an Environmental Impact Report (EIR) on the Memorial Stadium Lighting proposal, in light of the high level of public controversy involved and the potential to negatively affect the environment.

Contact:  Polly Armstrong, Councilmember District 8, 644-6401 

23.       Budget Referral:  Berkeley Dispute Resolution Service

            From:  Councilmember Maio

Recommendation:  Refer a request from Berkeley Dispute Resolution Service for an additional $25,000 in annual funding for consideration in the budget process.

Contact:  Linda Maio, Councilmember District 1, 644-6359

24.       Walkathon for the Children of Iraq

            From:  Councilmembers Maio and Shirek

Recommendation:  Support the San Francisco Chapter of American Anti-Discrimination Committee's Walkathon for the Children of Iraq.

Contact:  Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek,  Councilmember District 3, 644-6243 

25.       Robotic Parking at Center Street Garage

            From:  Mayor Dean

Recommendation:  Request the City Manager investigate the feasibility of converting the Center Street Garage into a robotic parking facility financed by means of a self-supporting bond and with financial contributions from other parking beneficiaries, and report back to the Council within sixty days.

Contact:  Shirley Dean, Mayor, 644-6484

26.       Support AB 2451 - Allocation of Gas Tax Funds, and ACA 24 - Twenty-First Century Infrastructure Investment Fund

            From:  Mayor Dean

Recommendation:  1) Support AB 2451 which would a) shift two cents of the current gas tax to a newly-created Local Government Road Maintenance Account that will be shared on a 50/50 basis by cities and counties for local road maintenance purposes, and b) require that an amount equal to the amount so transferred be transferred from the State General Fund to the Motor Vehicle Fuel Account to compensate for the loss of redirected revenue; 2) support ACA 24 which would amend the State Constitution to create the Twenty-First Century Infrastructure Investment Fund in the State Treasury out of general fund revenues to fund capital outlay expenses related to education, corrections, parks, transportation, water or other natural resources.  1% of General Fund revenues would be transferred in the 2000-2001 fiscal year, rising to 5.0% in Fiscal Year 2008-2009 and thereafter, with safeguards being provided in the event of declining General Fund revenues.  75% of the monies would be distributed annually to cities and counties on a continuously-appropriated basis, with the remaining 25% subject to annual appropriation by the Legislature; and 3) notify the bills' sponsors, the City's representatives in Sacramento, and the City's Sacramento lobbyist of the City's position. 

Contact:  Shirley Dean, Mayor, 644-6484

27.       Establishment of Small Business Support Program

            From:  Mayor Dean

Recommendation:  Direct the City Manager to initiate a planning process to establish a Berkeley Small Business Support Program based on the following recommendations:  1) development of business skills in the work force; 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; and 6) partner with existing resources such as the United States Conference of Mayors' Partner America Program, the Small Business Administration, the Haas School of Business on the UC Berkeley campus, and the East Bay Center for International Trade.

Contact:  Shirley Dean, Mayor, 644-6484

28.       Substance Abuse and Crime Prevention Act of 2000

            From:  Councilmember Worthington

Recommendation:  Support the resolution endorsing the Substance Abuse and Crime Prevention Act of 2000.

            Contact:  Kriss Worthington, Councilmember District 7, 644-6398 

29.       Budget Referral:  Well and Groundwater Survey

            From:  Councilmember Worthington

Recommendation:  Refer to the budget process and the City Manager funding for well and groundwater survey.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398

30.       Support for Rick Young and His Efforts to Meet with the UC Berkeley Chancellor for Housing on the Underhill Block

            From:  Councilmember Worthington

            Recommendation:  Support Rick Young and his efforts to meet with the UC Berkeley Chancellor Robert Berdahl to discussing housing on the Underhill block

            Contact:  Kriss Worthington, Councilmember District 7, 644-6398

31.       Adopt a College Avenue Repaving Plan

            From:  Councilmember Worthington

            Recommendation:  Adopt a College Avenue Repaving Plan including mitigations to address the neighborhood residents' and merchants' concerns about parking, traffic and temporary diverter removal and installations.

            Contact:  Kriss Worthington, Councilmember District 7, 644-6398

 32.       Support American Disabilities Act

            From:  Councilmembers Worthington, Breland and Spring

            Recommendation:  Support the American Disabilities Act by rescinding or settling the case of Governor Davis' appeal of California Dare vs. DMV from the US Supreme Court and sending letters to Governor Gray Davis, Attorney General Bill Lockyer, Assemblywoman Dion Aroner, Assemblywoman Audie Bock, Senator Don Perata, Congresswoman Barbara Lee, Senator Diane Feinstein, and Senator Barbara Boxer.

            Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266 

33.       Notification of Meetings in Central Berkeley

            From:  Councilmember Spring

Recommendation:  Request the City Manager provide funding for a mailing to District 4 residents informing them of upcoming meetings on City services and Ohlone Park.

Contact:  Dona Spring, Councilmember District 4, 644-6266

34.       Web Page Accessibility for People with Disabilities

            From:  Councilmember Spring

Recommendation:  Set aside five minutes of the June 13 Council meeting after Public Comment to hear a presentation from Alexandra Andrews on the new web page technology available for people with disabilities and how important it is to have web sites accessible to the disabled.

Contact:  Dona Spring, Councilmember District 4, 644-6266 

35.       Community Service Program in Lieu of Parking Fines

            From:  Councilmember Spring

Recommendation:  Request that reimbursement for community service in lieu of parking ticket fines increase from $5.00 to $7.00 per hour.

Contact:  Dona Spring, Councilmember District 4, 644-6266 

36.       Ballot Measure to Bring City Council Chambers in Compliance with American Disabilities Act

            From:  Councilmember Spring

            Recommendation:  Refer a request to the City Manager to add to the proposed bond measure up to $8 million to fund a new addition with a larger council chambers that will meet the American with Disabilities Act accessibility standards and replace square footage and parking lost due to the Civic Center retrofit to be located at the current Hall of Justice building after its demolition.

            Contact:  Dona Spring, Councilmember District 4, 644-6266

37.       Disaster Readiness, Year 2000 Report

            From:  Disaster Council

Recommendation:  Adopt a Resolution supporting the efforts of the Disaster Council to enhance our community's disaster readiness.

Contact:  Reginald Garcia, Secretary, 644-6665

City Manager Report

Recommendation:  The City Manager concurs with the content and recommendations of the Commission.

Action Calendar

Appeals:

38.       Zoning Appeal of Use Permit, 2300 Ashby Avenue
a.            Appeal filed by Joseph Santini,
of the Zoning Adjustments Board decision of March 23, 2000, which denied Use Permit to construct a 1,230 square foot, two story duplex at the rear of a 5,400 square foot lot containing a 1,506 square foot single family house and to allow a 4-foot rear yard where 15 feet are required.

            Contact:  Sherry Kelly, City Clerk, 644-6480

            b.            City Manager Report

Recommendation:  Remand the matter to the Board to reconsider the application.  The Board should consider the applicant's testimony regarding his rationale for making certain plan revisions and reevaluate their findings in light of such testimony.

Contact:  Wendy Cosin, Planning and Development, 705-8108

39.       Appeal of Landmarks Preservation Commission Regarding Three Blocks Bounded by University Avenue, Hearst Avenue, I-80 and 4th Street (to be delivered)

            a.            Appeals filed by Richard and Charlene deVecchi; and the 620 Hearst Group, LLC

            Recommendation: Schedule the matter for a public hearing.

Contact:  Wendy Cosin, Planning and Development, 705-8108

Communications

a.  Wilson F. Wendt, Attorney for 620 Hearst LLC, Miller, Starr & Regalia

b.  Kenneth W. Pritikin, Attorney for Richard and Charlene DeVecchi, Foley McIntosh Frey & Claytor

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.

Priority:

40.       Public Safety Building Tower (Public Hearing held May 16.)(to be delivered)

            From:  City Manager

Recommendation:  Discussion and possible action regarding location, technological process, cost alternatives and other issues relating to the Public Safety Tower.

Contact:  James Keene, City Manager, 644-6580

a.              Information Report from meeting of May 9

Contact:  Rene Cardinaux, Public Works, 665-3460

            b.            From:  Councilmember Spring

Recommendation:  Fund $10,000 from the Public Safety Building contingency funds for an expert consultant in radio antennae technology chosen by MAGNA neighborhood group for professional assistance in costing out alternatives to the Public Safety Tower; and request that the City Manager respond to questions contained in report.

Contact:  Dona Spring, Councilmember District 4, 644-6266

c.            From:  Councilmember Spring

Information Item - Ordinances Protecting Views

Contact:  Dona Spring, Councilmember District 4, 644-6266

41.       Development Fees:  Permit Service Center Fund (Public Hearing held May 16.)

Recommendation:  Adopt a Resolution 1) adopting the Consolidated Fee Schedule for the Permit Service Center Fund for all development related services provided by the Planning and Development Department; 2) rescinding the cap of $345,000 on all waivers and limiting future unfounded waivers to only seismic strengthening such that other waivers will only be granted with substitute funding authorized by the Council; and 3) rescinding Resolution No. 60,097-N.S.

Contact:  Wendy Cosin, Planning and Development, 705-8108

42.       Fees:  Environmental Health (Public Hearing held May 16.)

Recommendation:  Adopt four Resolutions revising fees for the Division of Environmental Health, Health and  Sanitation Permits and Fees, and rescind Resolutions No. 59,530-N.S., 59,531-N.S., 59,532-N.S., and 59,533-N.S.

Contact:  Fred Medrano, Health and Human Services, 665-6879

43.       Recreation Programs (Public Hearing held May 16.)

Recommendation:  Adopt a Resolution increasing fees by 3% for Fiscal Year 2000-2001 and Fiscal Year 2001-2002 for all programs under the purview of Recreation; Aquatics; Sports; and Recreation Centers for adults and youth to cover the higher costs for program operations.

            Contact:  Fred Medrano, Health and Human Services, 665-6879

44.       Housing Code Enforcement Program (Public Hearing held May 16.)

Recommendation:  Adopt a Resolution rescinding Chapter A, Sections XI, XII, and XIV of Resolution No. 60,097-N.S. which sets the fees for housing code enforcement inspections, and establishing a revised fee schedule for housing code enforcement inspections.

Contact:  Stephen Barton, Housing, 665-3481 

45.       2000-2001 Refuse Fund Rate Increase (Public Hearing held May 16.)

Recommendation:  Adopt two Resolutions: 1) rescinding Resolution No. 60,316-N.S. and all amending resolutions, re-establishing the existing refuse collection districts in the City, and fixing and establishing rates for the collection of refuse therein; and 2) amending Sections 1(a), 1(b), 1(c), Sections 3(a), 3(b) and Section 4 of Resolution No. 60,064-N.S., establishing rates for the Transfer Station, to change the rates and add the effective date.

            Contact:  Rene Cardinaux, Public Works, 665-3460

46.       Hearing for Bidders on College Avenue Repaving Contracts

            From:  City Manager

Recommendation:  Conduct a hearing at which only bidders on the College Avenue repaving contract and any witnesses on their behalf will be heard concerning whether a defect in the bid of the lowest responsible bidder may be waived as inconsequential.  The Council will be asked to: 1) conduct the hearing; 2) make a determination at the conclusion of the hearing as to whether the defect was inconsequential; and 3) make any related determinations including but not limited to awarding the contract or rejecting all bids.

47.        Possible Recess to Council Closed Session with the City Attorney Prior to Taking  Action- see below:

POSSIBLE CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

(Significant Exposure to litigation under Government Code section 54956.9(b))  The City Attorney has concluded that this matter constitutes a significant exposure to litigation for the City based upon claims that any of the bidders may make and the second lowest bidder has already made as to whether the City may legally award the contract to the lowest responsible bidder.

Old Business:

48.        Commission Term Limits and Leave of Absences (held over from April 4, April 11, 2000 and May 9)

From:  City Manager

            Recommendation:  Adopt first reading of two ordinances amending: 1) Berkeley Municipal Code (BMC) Section 3.02.030 to provide that any break in service of a commissioner due to voluntary resignation within the last year of the commissioner’s eight consecutive year term limit on the commission shall not be deemed to interrupt the commissioner’s term of service for purposes of determining the commissioner’s eight-year term limit; and Berkeley Municipal Code (BMC) Section 3.02.040 to provide that commissioners may only take only one leave of absence, for a fixed period of three months in any two-year period, and only if the leave of absence is authorized by the appointing authority no less than one month in advance of the first commission meeting from which the commissioner seeks a leave of absence.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

49.       Landmarks Preservation Ordinance and Zoning Ordinance (Removed from Consent Calendar by Vice Mayor Shirek.  Held over from meeting of May 16.)

            From:  City Manager

Recommendation:  1) Direct staff to present its proposed amendments to the Landmarks Preservation Ordinance and Zoning Ordinance to the Planning Commission and Landmarks Preservation Commission within sixty days; 2) direct the Commissions to make recommendations on the proposed amendments at meetings within sixty days and to forward their comments to the City Council as information reports on July 25; and 3) direct staff to provide an action report to Council in September with final recommendations in light of the Commissions' comments.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

50.       Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145) (moved from Information Reports to Action Calendar by Councilmember Spring.  Held over from March 28, April 4 and May 9)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 665-3439

51.       Conflict of Interest (CR99-140) (held over from April 4, April 11 and May 9)

            From:  City Manager

Recommendation:  Direct the City Manager to prepare an ordinance precluding service on any board or commission or other City advisory body appointed by the Council if the body makes recommendations which lead to the making of a contract with the appointee or an entity for whom the appointee is an employee, officer, director or managing agent.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

52.       Council Subcommittee on City Manager Evaluation (removed from the Consent Calendar by Councilmember Maio.  Held over from March 28, April 4, April 11 and May 9)

            From:  Mayor Dean

            Recommendation:  Appoint Councilmember Olds to the Subcommittee for the City Manager Performance Evaluation process.

            Contact: Tamlyn Bright, Mayor's Assistant, 644-6484 

53.       Annual Berkeley Transit Pass (held over from April 4, April 11 and May 9)

            From:  Mayor Dean

            Recommendation:  Establish a temporary Task Force on a Citywide Transit Pass.  This Task Force is to be composed of Mayor Dean and Councilmember Armstrong, two members of the Transportation Commission, and two members of the AC Transit Board of Directors, Miriam Hawley and one other.  The Task Force will be charged with developing a proposal for an annual Citywide Transit Pass which would allow Berkeley residents, and possibly those who work in Berkeley, unlimited rides on AC Transit, including transbay service in the same manner as UC Berkeley’s Class Pass.  The work of the Citywide Transit Pass Task Force is to be completed in no more than one year, and the proposal developed by this group is to be submitted to the Transportation Commission, and then to the City Council for final approval.

            Contact:  Shirley Dean, Mayor, 644-6484

54.       Equity for Councilmembers on City Mailings (Removed from Consent Calendar by Mayor Dean.  Held over from meeting of May 9.)

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution giving equity for Councilmembers on City mailings.

Contact:  Dona Spring, Councilmember District 4, 644-6266

55.       Parking Issues for Home Health Care Workers and Community Service Program (Removed from Consent Calendar by CouncilmemberOlds.  Held over from meeting of May 9.)       

From:  Councilmember Spring

Recommendation:  Request the City Manager waive all current outstanding parking fines for individuals who received them in permit parking zones while providing in-home support services to elderly or disabled residents; that a sign be prominently posted at the parking permit services office informing the public that special parking permits for in-home health service providers are available.

Contact:  Dona Spring, Councilmember District 4, 644-6266

56.       Preventing Homelessness (Removed from Consent Calendar by Councilmember Armstrong.  Held over from meeting of May 9.)

            From:  Councilmember Spring

Recommendation:  Grant an emergency $8000 to insure that Section 8 holders not lose their leases or Section 8 certificates due to financial hardship and request the Housing Director return with a proposal by midterm budget in June 2000 with a proposal of financial assistance required to make this program operate on an ongoing basis.

            Contact:  Dona Spring, Councilmember District 4, 644-6266

57.       Building Department Documents (Removed from Consent Calendar by Councilmember Shirek.  Held over from  meeting of May 16.)

            From:  Mayor Dean and Councilmember Olds

Recommendation:  Request the City Manager investigate the situation of records and documents disappearing from files in the Building Department.

Contact:  Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399

58.       Ending Sanctions Against Mitsubishi Corp. Regarding Proposed Salt Works at Laguna San Ignacio, Mexico  (Removed from the Consent Calendar by Councilmember Worthington.  Held over from meeting of May 16.)

            From:  Mayor Dean

Recommendation:  1) Revoke the City's sanctions against the Mitsubishi Corp. (as imposed by Council action November 2, 1999, which were imposed to prevent the building of a salt factory at Laguna San Ignacio and the consequent destruction of the California Gray Whale and numerous other forms of wildlife at and around this Biosphere Reserve and World Heritage site; 2) request the City Clerk advise the California Public Employees Retirement System of this revocation with respect to purchases and divestment of stock in Mitsubishi and related entities; and 3) request the City Clerk write a letter to Mitsubishi advising it of the City's actions.

Contact:  Shirley Dean, Mayor, 644-6484

59.       Planning for Codornices Creek (Removed from the Consent Calendar by Councilmember Worthington.  Held over from meeting of May 16.)

            From:  Mayor Dean

            Recommendation:  1) Support that the delegation to meet with the University would be composed of the following:  Two mayors (John Ely of Albany and Shirley Dean of Berkeley); two Councilmembers (one from Albany chosen by Albany, and Councilmember Maio from Berkeley who represents the area in question); one representative from Friends of Five Creeks (Susan Schwartz); one representative from Urban Creeks Council (Carole Schemmerling); two representatives from two Parks and Recreation Commissions (one from Albany, chosen by Albany, and Berkeley Parks and Recreation Commission Chair Carol Thornton); one representative of field users (Doug Fielding or designee from Association of Sports Field Users); two staff from the City of Berkeley (to be determined by Berkeley City Manager James Keene); two staff from the City of Albany (to be determined by Albany City Administrator Darren Fields.

            Contact:  Shirley Dean, Mayor, 644-6484

60.       Contracts:  University of California (held over from March 14, March 28, April 4, April 11 and May 9)

            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.

Contact:  Manuel Hector, Secretary, 665-6880

                 a.  City Manager Report

Recommendation:  Not approve the recommendations contained in the Peace and Justice Commission's report, and reaffirm its commitment to the spirit of the Nuclear Free Berkeley Act by affirming the current process for granting waiver requests of section 12.90.070 of the Berkeley Municipal Code for contracts with the University of California, Berkeley.  The Peace and Justice Commission's recommendations would add procedures to the administrative process for approving waiver requests for contracts that involve the provision of revenue or the exchange of services without monetary compensation without improving compliance with or strengthening the provisions of the Nuclear Free Berkeley Act.

Contact:  Fred Medrano, Health and Human Services, 644-6459

61.       5-Year Street Plan Update  (Removed from Consent Calendar by Councilmember Spring.  Held over from meeting of May 9.)

            From:  Public Works Commission

            Recommendation:  Adopt a Resolution adopting the proposed update of the 5-Year Street Plan for FY 2001-2005.

            Contact:  Virginia Vafa, Secretary, 644-6506

            City Manager Report - The City Manager concurs with the recommendations of the Commission.

            Contact:  Rene Cardinaux, Public Works, 665-3460

New Business:  

62.       Special Work Session : FY2000 – FY2001 Mid-Biennial Budget Review (to be delivered)

A.     Citywide Work PlanDiscussion of FY2000 & FY2001 Work Plan, including projects identified as Council Priorities and re-affirm priorities for FY2001.

B.   Recommended Budget Policies for Council Consideration -  Discussion and adoption of budget policies recommended by the City Manager to guide development of future budgets, including funding requests received outside of the biennial budget cycle.

63.       Discussion of Ballot Measures for November 2000 Election (to be delivered)- Continue discussion from May 9 meeting and take action on specific ballot measures to be developed for the  November 2000 election and provide comment on language of those already developed. Special Taxes under consideration:  Fire Services Special Tax, Parks Tax (incl. University Avenue Median / Streetscape), Streetlight Tax, Affordable Housing Tax, Health Services Tax; Bond Measures under consideration: Library Branches Capital Improvements, Warm Water Pool, University Avenue Median / Streetscape Improvements.

            Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

64.       Ballot Measure - Rent Stabilization and Eviction for Good Cause

            From:  City Manager

Recommendation:  Consider placement on the November 2000 ballot an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.76.130A.9 to restrict the circumstances under which a landlord may evict a tenant to occupy the unit for his/her own use or the use of his/her family members and and provide any comments regarding wording of the text, title and analysis to the City Attorney.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

            Communication

            1.  Randy Silverman, Chair, Berkeley Rent Stabilization Board

            Contact:  Sherry Kelly, City Clerk, 644-6480

65.       Ballot Measures - Library, Parks Maintenance and Emergency Medical Services

            From:  City Manager

Recommendation:  Provide the City Attorney with comments as to the proposed ordinance text, ballot title and City Attorney analysis of the three measures authorizing expenditure of the existing parks maintenance, emergency medical services and library taxes.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

66.       Regulation of Indoor Entertainment Events

            From:  City Manager

Recommendation:  Adopt first reading of ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events and adopting a new Chapter 13.46 regulating indoor entertainment events.

Contact:  Manuela Albuquerque, City Attorney, 644-6380 

67.       Civic Arts Grants Program

            From:  City Manager

Recommendation:  Adopt a Resolution establishing eligibility requirements and program categories for the Civic Arts Grants Program and rescind Resolution No. 55,832-N.S..

Contact:  Bill Lambert, Economic Development, 705-8180

68.       Living Wage

            From:  City Manager

Recommendation:   Council approve the necessary funding to support the implementation of a Living Wage Ordinance and direct staff to prepare a Living Wage Ordinance by June 20, 2000 based on recommendations contained within the report.  Refer to the City Attorney the concept of a Living Wage Zone. 

            Contact:  Phil Kamlarz, Deputy City Manager, 644-6580 

69.       Contract:  Playing Fields at East Campus

            From:  City Manager

Recommendation:  Adopt a Resolution accepting $65,000 from the Board of Education to evaluate a third proposal for playing fields at East Campus and to fund the City's staff costs to manage the work; and authorizing the City Manager to amend the contract with LSA Associates, Inc. to prepare the environmental documentation required by the California Environmental Quality Act (CEQA).

            Contact:  Contact:  Weldon Rucker, Deputy City Manager, 644-6580

70.       Underhill Environmental Impact Report (EIR) (to be delivered)

            From:  City Manager

Recommendation:  Direct the City Manager to send a letter to UC Berkeley incorporating comments recommended by the City Council and the Planning and Landmarks's Preservation Commissions.

Contact:  Wendy Cosin, Planning and Development, 705-8108             

71.       Berkeley TRiP

            From:  Transportation Commission

Recommendation:  Support the continued operation of the Berkeley TriP Commute Store by increasing the funding for Berkeley TriP from $75,400 to $150,000 for the Fiscal Year 2001, with the understanding that a portion of this funding will be used to conduct a program assessment which will result in a recommendation on what services TriP should provide in the future and how those services can be funded in the long term.

            Contact:  Nathan Landau, Secretary, 705-8136

            City Manager Report

Recommendation:  The recommendations contained in this report affect budget and/or other programs.  Please refer to the budget process.

Contact:  Wendy Cosin, Planning and Development, 705-8108

72.       Ballot Measure:  Increase PRC Commissioner Stipend

            From:  Police Review Commission (PRC)

Recommendation:  Sponsor a ballot measure to amend PRC Ordinance No. 4644-N.S. Section 6 to increase Commissioner stipends to $15.00 per hour with a limit of $300 per month per Commissioner.  Commissioners currently are compensated at a rate of $3.00 per hour with a maximum of $200 per month per Commissioner.

Contact:  Barbara Attard, Secretary, 644-6716

City Manager Report

Recommendation:  The recommendations contained in this report affect budget and/or other programs.  Please refer to the budget process.

Contact:  D. E. Butler, Police, 644-6568

Information Reports

73.       Air District's Health Review of Pacific Steel Casting

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8108

74.       Day Camp Registration (CR 2000-43)

            From:  City Manager

            Contact:  Fred Medrano, Health and Human Services, 665-6879

75.       Landmarks Preservation Commission Notices of Decision:  2700 Bancroft Way (Westminster House and Grounds); 3332 Adeline Street (Lorin Theater/Phillips Temple); 2100-14 Shattuck Avenue (Francis K. Shattuck Building); 2036-2040 Shattuck Avenue (The Kress Building)

            From:  City Manager

            Contact:  Sherry Kelly, City Clerk, 644-6480

76.       Black Repertory Group Compliance Status Report

            From:  City Manager

            Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

77.       Status of Response to Budget Monitoring Audit Report

            From:  City Manager

            Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

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          Patrick Kennedy, re smart growth

2.         Maris Arnold, re Kantor's Office Furniture store

3.         Susan Warwick, re Berkeley Marina dog park.

4.         Walter H. Wood, re 1719-1725 University Avenue

5.         Paul Takagi, re 1949 Milvia Street apartment building.

6.         Rick Spittler, Executive Director, BORP, re Warm Water Pool.

7.         Petition signed by fifteen persons re streets surrounding San Pablo Park, East Campus and Grove Park.

8.         Carol Denney, re lighting fixtures downtown.

9.         Jill Posener, Paws For Thought

10.       Dianne Feinstein, United States Senate, response to Council's funding recommendations for homeless programs.

  11.     Jeannie de Vries, President, Berkeley Architectural Heritage Association, re Landmarks Preservation Ordinance changes.

  12.    Susan Cerny, clarification of previous letter re Landmarks Preservation Ordinance.

Adjournment


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