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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, JUNE 20, 2000

Preliminary Matters

 Roll Call:  7:05 p.m.

 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 carried over to the next meeting unless the City Manager or Council determines a need to take up the matter at this meeting.

 1.       Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for the meetings of:  a) May 9, 2000
(regular); b) May 9, 2000 (closed); c) May 16, 2000 (regular); d) May 23, 2000
(regular); e) May 23, 2000 closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480

2.        Easement on City-Owned Land (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of Ordinance authorizing the City
Manager to convey an easement on City-owned land adjacent to 1197 Euclid
Street to Court L.L.C. and Thomas J Regan/Susan M. Adine and Clifford Orloff.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

 3         Settlement of Claim - Rothermel v. City of Berkeley
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the settlement of Public
Liability Claim Number 98-327, Bernard P. Rothermel by his attorney of Record,
Richard Goodman, in the amount of $48,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

4.         Settlement of Claim - Lindsey v. City of Berkeley
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the settlement of Public
Liability Claim number 99-211B, Andre Lindsey by his attorney of record, Gia
Austin-Carroll, in the amount of $13,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

5.         Living Wage Ordinance (to be delivered)
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Municipal
Code (BMC) to add Chapter 13.27 establishing a requirement that specific City
contractors pay employees a living wage, including procedures for administration
and enforcement, and authorizing the City Manager to promulgate regulations.
Contact:  Fran David, Finance, 665-7401

6.         Contract:  Litter and Graffiti Abatement Services
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute
a contract and any amendments with Building Opportunities for Self Sufficiency  
(BOSS) to provide litter removal, graffiti abatement and related services in
specified areas, from July 1, 2000 through June 30, 2001, in an amount not to
exceed $515,552.
Contact:  Rene Cardinaux, Public Works, 665-3460

7.         Contract:  Organics Hauling and Processing
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute
a contract and any amendments with Grover Landscape Services Incorporated
for organics hauling and processing services in an amount not to exceed $600,000
for the period August 1, 2000 to July 31, 2002 with two four year renewals at the
City's option.
Contact:  Rene Cardinaux, Public Works, 665-3460

8.         Grant:  CNG-Powered Vehicles
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to submit a
grant proposal to the Bay Area Air Quality Management District (BAAQMD) fo
$468,000 to partially offset the incremental cost of acquiring twelve CNG
(compressed natural gas) vehicles, and to accept the grant if awarded.
Contact:  Rene Cardinaux, Public Works, 665-3460

9.         Speed Limit Along Claremont Avenue
From:  City Manager
Recommendation: 
Adopt a Resolution changing the speed limit along
Claremont Avenue from 25 to 30 MPH between Ashby Avenue and Alcatraz
Avenue/Oakland City Limit.
  Contact:  Rene Cardinaux, Public Works, 665-3460

10.       Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR
             99-116)
From:  City Manager
Recommendation: 
Postpone action on approving a "no trucks" restriction along
the Claremont, Belrose, Derby and Warring corridor until the effectiveness of
enhanced police enforcement is determined.
Contact:  Rene Cardinaux, Public Works, 665-3460

11.       Contract:  Sanitary Sewer Project
From:  City Manager 
Recommendation: 
Adopt a Resolution approving plans and specifications for
the Sanitary Sewer Project located at Colusa Avenue, Santa Rosa Avenue,
Oxford Street, Shattuck Avenue, Indian Rock Avenue and Santa Barbara Road;
accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing
the City Manager to execute a contract and any amendments in an amount not to
exceed $605,534, for a period of 210 calendar days.
Contact:  Rene Cardinaux, Public Works, 665-3460

12.       Non-Exclusive Rubbish Collection Franchises
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance amending Berkeley
Municipal Code (BMC) Sections 9.60.240 and 12.32.010 to clarify non-exclusive rubbish collection franchises.
Contact:  Rene Cardinaux, Public Works, 665-3460

13.       Final Map of Tract Map 7166
From:  City Manager 
Recommendation: 
Adopt a Resolution approving the Final Map of Tract Map
7166, a 69-unit condominium project at 2136 Center Street
Contact:  Wendy Cosin, Planning and Development, 705-8108

14.       Final Map of Tract Map 7025
From:  City Manager 
Recommendation: 
Adopt a Resolution approving Final Map of Tract 7025,
conversion of an existing five-unit Tenancy in Common Project to five
condominium units at 2134 and 2136 Grant Street.
Contact:  Wendy Cosin, Planning and Development, 705-8108

15.       Contract:  Paging Services
From:  City Manager 
Recommendation: 
Adopt a Resolution awarding a contract and purchase order
to Metrocall for a twelve month period, with the option to renew for up to an
additional three years, in an amount not to exceed $50,000 per fiscal year.
Contact:  Fran David, Finance, 665-7401

16.       Contract:  Fireworks Display Services
From:  City Manager
Recommendation: 
Adopt a Resolution awarding a contract and purchase order
to BOOM BOOM Productions for a twelve month period, with the option to
renew for up to an additional two years, in an amount not to exceed $15,000 pe
fiscal year.
Contact:  Fran David, Finance, 665-7401

17.       Contract:  Cellular Services 
From:  City Manager
Recommendation: 
Adopt a Resolution awarding a contract and purchase order
to Cellular One for a twelve month period, with the option to renew for up to an
additional three years, in an amount not to exceed $200,000 per fiscal year.
Contact:  Fran David, Finance, 665-7401

18.      Contract:  Martin Luther King Jr./Civic Center Park Project
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend
the contract and any amendments with Freedman, Tung and Bottomley to increase
the Phase I scope of services by $40,000 to an amount of $111,688 and increase
the Phase II scope of services by $11,688 to an amount of $100,000, for a total
contract amount not to exceed $211,688, to complete design services for the
Martin Luther King Jr./Civic Center Park Project.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

19.       Loan:  Dock and Restroom Replacement at the Marina
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the Department of Parks and
Waterfront to submit a loan application to the California Department of Boating
and Waterways for a loan not to exceed $7,000,000 for the phased replacement
of docks A through E and H and I, and for the replacement of the restrooms that
serve berthers on docks D and E, H and I, L and M, and N and O, at the
Berkeley Marina.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

20.       Coast Live Oak Trees (to be delivered)
Recommendation:  Adopt first reading of an Ordinance revising Ordinance No.
6484-N.S. to allow for the removal of Coast Live Oak Trees that are a likely
danger to property where the only reasonable mitigation is removal.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

 21.     Contract:  Aurora Theater Company
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute
a contract amendment with the Aurora Theater Company adding $150,000 to the
current contract for the purpose of tenant improvements in the new Downtown
Arts District facility at 2073 Addison Street.
Contact:  Bill Lambert, Economic Development, 705-8180

 22.       Cost of Living Adjustments 
From:  City Manager 
Recommendation: 
Adopt a Resolution amending Resolution No. 59,814-N.S.,
Classification and Salary Resolution for Unrepresented Employees, to provide a
4% cost-of-living adjustment effective June 25, 2000.
Contact:  Ron Brown, Personnel, 665-7614

23.       Budget Referral:  Dental Services to Berkeley Elementary Schools
From:  Vice Mayor Shirek and Councilmember Breland
Recommendation: 
Refer to the budget process the funding of $65,000 for the
Alameda County Public Health Department to provide dental services to Berkeley
elementary schools.
Contact:  Maudelle Shirek, Councilmember District 3, 644-6243; Margaret
Breland, Councilmember District 2, 644-6400

24.       Budget Referral:  Health Disparities
From:  Vice Mayor Shirek and Councilmember Breland
Recommendation: 
Refer to the budget process the funding of $200,000 for the
Health Department to be used as matching funds to fund a health disparities
program   
Contact:  Maudelle Shirek, Councilmember District 3, 644-6243; Margaret
Breland, Councilmember District 2, 644-6400

25.       Support AB2142 - Gender Stereotyping (to be delivered)
From:  Mayor Dean
Recommendation: 
1) Support AB2142 which provides, for the purposes of the
anti-discriminations provisions of Fair Employment and Housing Act, that the term
"sex"  includes a person's gender; gender is further defined to mean the perception
of a discrimination victim's identity, appearance, or behavior regardless of whether
this is different from that traditionally associated with the victim's sex at birth; this
bill clarifies that gender stereotyping is a prohibited form of sex discrimination; and
2) notify the bill's sponsors and the City's Sacramento lobbyist of the City's
position.
Contact:  Shirley Dean, Mayor, 644-6484

 26.      Support for Certain Provisions of SB1194 and AB995 - Green Energy
            Usage
(to be delivered)
From:  Mayor Dean
Recommendation: 
1) Reject the amendment proposed by Senator Pearce and
instead support the retention in SB1194 (Sher) and AB995 (Wright) of all
provisions relating to the continuing reimbursement of customers, including public
entities (including municipalities) for their purchase and utilization of renewable
energy produced by certified energy providers; and 2) notify the bill's sponsors
and the City's Sacramento lobbyist of the City's position.
Contact:  Shirley Dean, Mayor, 644-6484

27.       Commuter Check Transit Voucher Program
From:  Councilmember Spring
Recommendation: 
Request the City Manager explore the Commuter Check
Transit Voucher Program and report back to the Council about how it can be
implemented for City of Berkeley employees.
Contact:  Dona Spring, Councilmember District 4, 644-6266

 28.      Spay Neuter Ordinance
From:  Councilmember Spring
Recommendation: 
Endorse the proposed spay-neuter ordinance contingent
upon the adoption of a low cost spay-neuter funding program and recommended
language.
Contact:  Dona Spring, Councilmember District 4, 644-6266

 29.      Mifepristone (RU-486)
From:  Councilmember Worthington
Recommendation: 
Send letters to the Food and Drug Administration (FDA)
and President Clinton asking them to not make it difficult to obtain Mifepristone
(RU-486), which is used for non-surgical early abortion.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

30.       Budget Referral:  West Berkeley Association of Industrial Companies
From:  Councilmembers Breland and Maio
Recommendation: 
Refer $4,000 to the budget process for the West Berkeley
Association of Industrial Companies.
Contact:  Linda Maio, Councilmember District 1, 644-6359; Margaret Breland,
Councilmember District 2, 644-6400

31.       City Manager Position (to be delivered)
From:  Councilmember Maio
Recommendation: 
Schedule a discussion for the meeting of June 27 regarding
filling the City Manager position in the interim and the process and timeline for
selecting a permanent City Manager.
Contact:  Linda Maio, Councilmember District 1, 644-6359

 32.       Audit of Public Works' Construction Contracts
From:  City Auditor
Recommendation: 
Request the City Manager return to Council with a status
report on the implementation of the audit recommendations by January 2001.
Contact:  Ann-Marie Hogan, City Auditor, 644-6440

 33.      Mental Health Commission - Appointment
From:  Mental Health Commission
Recommendation: 
Adopt a Resolution appointing Artensia Barry to the Mental
Health Commission, Special Public Interest Category, for a three-year term, June
20, 2000 to June 19, 2003.
Contact:  Harvey Tureck, Secretary, 644-8562, ext. 213
City Manager Report
Recommendation: 
Concur with the content and recommendations of the report.
Contact:  Fred Medrano, Health and Human Services, 665-6879 

34.       Mental Health Commission - Leave of Absence
From:  Mental Health Commission
Recommendation: 
Adopt a Resolution granting a three-month non-renewable
leave of absence to Jan Marinissen, Chairperson of the Mental Health
Commission, effective June 20, 2000.
Contact:  Harvey Tureck, Secretary, 644-8562, ext. 213
City Manager Report
Recommendation: 
Concurs with the content and recommendation of the report.
Contact:  Fred Medrano, Health and Human Services, 665-6879

35.       Elmwood Theater Business Improvement Area Assessment FY2000-2001
From:  Advisory Board for Elmwood Theater BID
Recommendation: 
Adopt a Resolution: 1) approving the Annual Assessment
Report for the Elmwood Theater Business Improvement Area for Fiscal Year
2000; 2) declaring an intention to levy annual assessments in the Improvement
Area for Fiscal Year 2001; and 3) setting a public hearing on the levy of
assessments for July 18, 2000.
City Manager Report
Recommendation: 
Concurs with the content and recommendations of the
report.
Contact:  Bill Lambert, Economic Development, 705-8180

36.       Telegraph Property and Business Improvement District Annual
            Assessment 
From:  Property Owners' Council 
Recommendation: 
Adopt a Resolution:  1) approving the Annual Assessment
Report for the Telegraph Property and Business Improvement District for
FY2001; 2) declaring an intention to levy special assessments in the District for
FY2001; and 3) setting a public hearing on the levy of assessments for July 18,
2000.
Contact:  Dave Fogarty, Secretary, 705-8184
City Manager Report
Recommendation: 
Concurs with the content and recommendations of the
report.
Contact:  Bill Lambert, Economic Development, 705-8180

Discussion

 37.       Ballot Measure - Eviction for Good Cause
From:  City Manager 
Recommendation: 
1) Consider placement of Ordinance on the November
2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9
 in order 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 2)
provide the City Attorney with any comments regarding the wording of the text,
title and City Attorney analysis of such ordinance.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
From:  Commission on Disability
Recommendation: 
Delay action until the June 27 meeting on amending owner
occupancy provisions of eviction for good cause sections of rent ordinance.
Contact:  Virginia Vafa, Secretary, 665-3440
From:  Commission on Aging - Information Report
Contact:  Lisa Ploss, Secretary, 644-6050
From:  Housing Advisory Commission (HAC
Recommendation: 
Approve the Rent Board version of the ballot measure to
strengthen eviction controls in Berkeley with the following changes:  a) occupancy
requirements for landlord move-in be changed from 36 months to 24 months; b)
the underlined words be added to the section which states:  "The landlord may not
recover possession under this subsection (13.76.130A) if a comparable unit,
owned by the landlord in the City of Berkeley,  was, at the time of the landlord's
decision to seek to recover possession of the rental unit, already vacant and
available, or if a comparable unit, owned by the landlord in the City of Berkeley,
becomes vacant….."; c) change the age of protected seniors from 60 to 65
years; and d) change the criteria to extend eviction protection to any tenant who
has resided at the property for five years or more where the landlord has a 50%
(rather than a 10% or greater ownership interest in any form whatsoever, in ten
(instead of 5) or more rental units in the City of Berkeley.
              

Action Calendar

Public Hearings:   

38.       Animal License Fees ; Spay and Neuter Ordinance
From:  City Manager 
Recommendation: 
1.  Adopt the first reading of proposed ordinance amending
Berkeley Municipal Code Chapter 10.04 (Dog Licenses and Regulations) to
modify licensing requirements for dogs, create licensing requirements for unaltered
cats, establish spaying and neutering requirements for both dogs and cats, and add
regulations for dogs and cats; 2) allocate $57,000 in the budget to implement the
proposed ordinance during the first year, and $20,000 per year in each annual
budget thereafter.  That the funds come from the approximately $1,000,000 of
General Funds remaining for allocation by Council for FY2001; 3) if the proposed
ordinance is adopted, conduct a public hearing and upon conclusion (a) adopt a
Resolution authorizing increased fees for Unaltered Dog Licenses, and new fees for
Unaltered Cat Licenses, animal microchip identification, and spay/neuter deposits,
to be made effective on the effective date of the proposed ordinance, and (b)
rescind Resolution No. 56,464-N.S.; and 4) if the proposed ordinance is not
adopted, conduct a public hearing and upon conclusion adopt only the part of the
Resolution that authorizes new fees for animal microchip identification and
spay/neuter deposits, to be made effective immediately.
Contact:  Fran David, Finance, 665-7401

39.       Housing Code Enforcement and Inspection Fees
From:  City Manager 
Recommendation: 
Conduct a public hearing and upon conclusion adopt a
Resolution rescinding Chapter A, Sections XI, XII, and XIV or Resolution No.
60,601-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

40.       Street Lighting Assessments
From:  City Manager 
Recommendation: 
Conduct a public hearing and upon conclusion adopt a
Resolution confirming diagrams and assessments and levying assessments for
Fiscal Year 2001 in the Berkeley Street Lighting Assessment District No. 1982-1
and the Berkeley Street Light Upgrading Assessment District No. 1999-1.               Contact:  Rene Cardinaux, Public Works, 665-3460

41.       Kragen Auto Parts, Revocation of Use Permit (to be delivered)
From:  City Manager 
Recommendation: 
Conduct a public hearing, as required under Section
23B.60.060 of the Zoning Ordinance, and then continue the matter until the July
11, 2000 meeting for action.
Contact:  Wendy Cosin, Planning and Development, 705-8108

42.       Non-Exclusive Rubbish Hauling Franchises (to be delivered)
From:  City Manager 
Recommendation: 
Conduct seven public hearings as follows:
           
a.            Bay View Refuse Service Inc.
           
b.            Berkeley Sanitary Service
           
c.            Biagini Waste Reduction Systems, Inc.
           
d.            Handy Can of Berkeley
           
e.            U.S. Eagle, Inc.
           
f.            Waste Management, Inc.
           
g.            Waste Resource Technologies 
and upon conclusion: 1) adopt first readings of seven ordinances granting
Non-Exclusive Rubbish Collection and Transportation franchises; and 2) direct
the City Manager to execute a franchise agreement with each company.
Contact:  Rene Cardinaux, Public Works, 665-3460

43.       FY2000-FY2001 Mid-Biennial Budget
From:  City Manager
Recommendation: 
Conduct a public hearing and upon conclusion hold a
discussion on any Council-proposed budget amendments.  Budget adoption
scheduled for June 27, 2000.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
a.         From:  Mayor Dean (to be delivered)
Recommendation:  Support midyear budget amendments as proposed.
Contact:  Shirley Dean, Mayor, 644-6484
b.         From:  Vice Mayor Shirek (to be delivered)
Recommendation:  Conduct discussion and recommendations on amendments
to the City Manager's budget for Fiscal Year 2001.

 Information Reports

 44.       Implementation Status of Audit Recommendations - Safety Members
             Pension Fund
From:  City Manager
Contact:  Fran David, Finance, 665-7401

45.       City Manager Search
From:  Councilmember Maio
Contact:  Linda Maio, Councilmember District 1, 644-6359

46.       Analysis of Social Security Payments
From:  Commission on Aging
Contact:  Lisa Ploss, Secretary, 644-6050

47.       Grant Application:  Mental Health Services (CR 00-45)
From:  City Manager 
Contact:  Fred Medrano, Health and Human Services, 665-6879

48.       Landmarks Preservation Commission Notice of Decision:  1525-29
            Shattuck Avenue

(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

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.        Kennedy, Patrick, re housing crisis.

 2.       Keller, Joyce M., re Resolution for the re-trial of Kahlil
           Jacobs-Fantauzzi.

3.        Topakian, Karen, re Agape Foundation.

4.        Clifford, Fred, re 2116 Allston/GAIA Building Project.

5.         RE Strawberry Creek Lodge
             a.  Johnson, Mary
             b.  Levine, Zelda
             c.  Hipilloto, Robin
             d.  Moskowitz, Su

6.         Lee, Barbara, Congress, House of Representatives, Washington DC, re Use of
           organophosphate pesticides. 

7.          Motyka, Scott, re Cell phone use while bicycling.

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

 Adjournment


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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.