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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, JULY 11, 2000

  Preliminary Matters

Roll Call:  7:00 p.m.

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

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

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

Youth Forum:  A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.  Each speaker is limited to a maximum of three (3) minutes.

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

Consent Calendar

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

1.         Needle Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 644-6480

2.         Minutes for Approval
From:  City Manager
Recommendation:
Approve the minutes for the council meeting of: June 6, 200 (special.)
Contact:  Sherry Kelly, City Clerk, 644-6480

3.         Placing Measures on the November 2000 Ballot        
From:  City Manager
Recommendation: 
Adopt three Resolutions placing measures on the November 7, 2000 ballot to:  1) approve a bond to fund the renovation, expansion and improvement of branch libraries; 2) approve a bond to fund the reconstruction, renovation, repair and improvement of the warm water pool facility at Berkeley High School; and 3) amend the Business License Ordinance.
Contact:  Sherry Kelly, City Clerk, 644-6480

4.         Coast Live Oak Trees (first reading vote:  unanimous; Absent - Breland; held over from June 27)
Recommendation:  Adopt second reading of an Ordinance revising Ordinance No. 6321-N.S. to allow for the removal of Coast Live Oak Trees that are a danger to property where the only reasonable mitigation is removal.
Contact:  Manuela Albuquerque, City Attorney, 644-6380 

5.         Safety Members Pension Fund Annual Reports (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 4.28.060 to revise the date that the annual Safety Members' Pension Fund reports are due to Council to the first day of December of each year, instead of the first day of August.
Contact:  Fran David, Finance, 665-7401 

6.         Competitive Bidding Requirements and Expenditure Limitations (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance amending provisions of Berkeley Municipal Code (BMC) Chapter 1.24, Chapter 2.88 and Chapter 7.18 to:  1) provide that expenditures necessary to abate nuisances that pose imminent hazards are exempt from the competitive bidding requirements pursuant to the City Charter; 2) specify the competitive bidding requirements for other nuisance abatement expenditures; 3) increase the expenditure limitation in cases of summary abatements to $25,000 from $15,000; and 4) establish an expenditure limitation in cases of declared emergencies that conforms to the Charter.
Contact:  Manuela Albuquerque, City Attorney, 644-6380 

7.         Annual Appropriation Ordinance (first reading vote: Noes - Olds, Woolley, Dean; Abstain - Armstrong)
From:  City Manager
Recommendation:  Adopt second reading of Annual Appropriation Ordinance. Contact:  Phil Kamlarz, Deputy City Manager, 644-6580  

8.         Tax Rate - Maintenance of Parks, City Trees and Landscaping (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance levying a FY2001 special tax of $0.0811 per square foot of all improvements to fund the maintenance of parks, City trees and landscaping in the City, approved by voters on May 6, 1997.
Contact:  Fran David, Finance, 665-7401 

9.         Tax Rate - Emergency Medical Services (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance levying a special tax of $0.02360 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents, to replace the previous City assessments that were lost effective July 1, 1997 as a result of State Proposition 218.
Contact:  Fran David, Finance, 665-7401 

10.       Tax Rate - Measure S General Obligation Bonds (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for the Measure S General Obligation Bonds (election of 1996) at 0.0475%.
Contact:  Fran David, Finance, 665-7401 

11.       Tax Rate - Fire Seismic General Obligation Bonds (first reading vote:  unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 rate for the Fire Seismic General Obligation Bonds (election of 1992) at 0.0392%.
Contact:  Fran David, Finance, 665-7401 

12.       Tax Rate - Business License Tax for Large Non-Profits (first reading vote:  Noes - Armstrong, Olds)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for business licenses for large non-profits at $0.3479 (34.79 cents) per square foot of improvements, excluding the first 120,000 square feet.
 Contact:  Phil Kamlarz, Deputy City Manager, 644-6580  

13.       Tax Rate  - Library Services Tax  (first reading vote:  unanimous) 
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for the library at $0.10250 (10.25 cents) per square foot for dwelling units and $0.1550 (15.50 cents) per square foot for industrial, commercial and institutional buildings.
  Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

14.       Tax Rate - Emergency Services for the Severely Disabled Tax (first reading vote:  unanimous)  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance setting the FY2001 tax rate for the provision of emergency services for the disabled at $0.00843 (.843 cents) per square foot of improvements.
  Contact:  Phil Kamlarz, Deputy City Manager, 644-6580            

15.       Animal Licensing and Spay and Neuter Ordinance (first reading vote:  Noes - Shirek, Wooley; Absent - Breland) 
From:  City Manager 
Recommendation: 
Adopt second 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.
Contact:  Fran David, Finance, 665-7401   

16.       Non-Exclusive Rubbish Hauling Franchises (first reading vote:  unanimous)
From:  City Manager 
Recommendation: 
1) Adopt second 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.
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  
Contact:  Rene Cardinaux, Public Works, 665-3460

17.       Contract:  Sacramento Lobbyist  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not exceed $51,970 with Lynn Suter and Associates to provide the City with legislative representation services in Sacramento.
Contact:  James Keene, City Manager, 644-6580

18.       Contract:  Security Guard Services  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract with ABC Security Service, Inc. for security guard services at the Corporation Yard and Solid Waste Management Center for the period July 1, 2000 to June 30, 2001 in an amount not to exceed $60,000 for each facility for a total of $120,000; and approve an option to extend the contract for four additional one-year periods up to a maximum of five years at the City's discretion.
Contact:  Rene Cardinaux, Public Works, 665-3460

19.       Settlement of Claim:  Marlene M. Clarke v. City of Berkeley
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing a settlement of Public Liability Claim Number 00-209, Marlene M. Clarke, in the amount of $5,279.84.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

20.       Settlement of Claim:  Marquis Matthew McMurray v. City of Berkeley  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing a settlement of Public Liability Claim Number 00-191, Marquis Matthew McMurray, in the amount of $7,500.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

21.       Smoking in Tot Play Areas  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC), Sections 12.70.010, 12.70.020 and 12.70.030, to prohibit smoking in designated children's play areas called "tot play areas".
Contact:  Manuela Albuquerque, City Attorney, 644-6380

22.       Contract:  Back-Up Emergency Radio Transmitter  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a sole source contract with Communications Buildings of America to purchase a pre-constructed building to support the City's back-up emergency radio transmitter at the Solid Waste Management Center on Second Street in an amount not to exceed $40,000 for the period July 12, 2000 to March 31, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

23.       Contract:  Sanitary Sewer Project  
From:  City Manager 
Recommendation: 
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at the Berkeley Marina, Durant Avenue, Fairview Street, Harper Street, Ellis Street, King Street, 62nd Street and 63rd Street; accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,047,864 for a period of 210 calendar days.
Contact:  Rene Cardinaux, Public Works, 665-3460

24.       Grant Agreement:  Gilman and I-80 Roundabout  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to enter into Administering Agency-State Master Agreement No. 000057 and Program Supplement Agreement No. 0379 Rev. 000 with Caltrans to secure a State Transportation Improvement Program (STIP) grant of $100,000 to conduct design and environmental studies for the construction of roundabouts on Gilman Street at I-80.
Contact:  Rene Cardinaux, Public Works, 665-3460

25.       Agreement:  Ashby Avenue and 7th Street Signal (to be delivered)  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to enter into a Cooperative Agreement with Caltrans to fund the modification of the traffic signal at Ashby Avenue and 7th Street.
Contact:  Rene Cardinaux, Public Works, 665-3460

26.       Contract:  Civic Center Building Systems Furniture Design  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with OP Contract, Inc. for Phase II design services for the systems furniture to be installed at 2180 Milvia Street for an amount not to exceed $30,502.50.
Contact:  Rene Cardinaux, Public Works, 665-3460

27.       Contract:  Pavement Condition Survey  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nichols Vallerga and Associates to perform pavement condition survey services, in an amount not to exceed $27,750, for the period July 17, 2000 to September 8, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3460

28.       Contract:  Purchase of Fire Engines 
From:  City Manager 
Recommendation: 
Adopt a Resolution awarding a lease purchase contract to Golden State Fire Apparatus for the purchase of fire engines as per Specification F-8770-00, in an amount not to exceed $390,000 per fiscal year over eight years.
Contact:  Reginald Garcia, Fire, 644-6665

29.       Lease Agreement:  2442 Durant Avenue, Delicatessen  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Cheese-N-Stuff located at 2442 Durant Avenue for the purpose of operating a delicatessen for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

30.       Lease Agreement:  2444 Durant Avenue, Retail Smoking and Newsstand Store  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Dave's Smoke Shop located at 2444 Durant Avenue for the purpose of operating a retail smoking and newsstand store for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

31.       Lease Agreement:  2446 Durant Avenue, Retail Optometry and Optician Service  
From:  City Manager 
Recommendation: 
Adopt first reading of an ordinance authorizing the City Manager to execute a lease agreement with Dr. Donald Sebanc located at 2446 Durant Avenue for the purpose of operating a retail optometry and optician service for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

32.       Lease Agreement:  2425A Channing Way, Photocopy and Offset Printing Shop  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with University Copy Shop located at 2425A Channing Way for the purpose of operating a photocopy and offset printing shop for a term of five years with two 5-year options..
Contact:  Fran David, Finance, 665-7401

33.       Lease Agreement:  2425B Channing Avenue, Retail Shipping, Packaging and Related Services
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Postal Annex+ located at 2425B Channing Way for the purpose of operating a retail shipping, packaging and related service business for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

34.       Lease Agreement:  2425C Channing Way, Retail Bookstore  
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Revolution Books located at 2425C Channing Way for the purpose of operating a retail bookstore for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

35.       Lease Agreement:  2439 Channing Way, Do-It-Yourself and Custom Picture Shop
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Framers Workshop located at 2439 Channing Way for the purpose of operating a do-it-yourself and custom picture shop for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401

36.       Awards:  South Berkeley Community Committee and City Staff  
From:  City Manager 
Recommendation: 
Schedule a ceremonial item for July 25, 2000 honoring the South Berkeley Community Committee for a Full-Service Supermarket and City staff for receipt of the California Association for Local Economic Development (CALED) "Development Partnership" Award of Excellence for securing The Berkeley Bowl, a full service grocery store, at the site of the former Safeway supermarket at 2020 Oregon Street.
Contact:  Bill Lambert, Economic Development, 705-8180

37.       Grant:  Public Health Services  
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to accept two grants in the amounts of $402,184 and $100,000 respectively from the Alameda County Children and Families Commission to provide universal home visits to all Berkeley postpartum women by public health nurses, and increase coordination of child care, health and education services for young children and their families through the Prenatal Through Preschool Initiative for the period July 1, 2000 through June 30, 2001, and to execute the resultant agreement and any amendments.
Contact:  Fred Medrano, Health and Human Services, 665-6879

38.       City UC Negotiating Team - Oxford Tract  
From:  Councilmember Spring and Mayor Dean  
Recommendation: 
Appoint Mayor Dean and Councilmember Spring to negotiate issues concerning University of California's proposed seismic replacement building on the Oxford Tract.
Contact:  Dona Spring, Councilmember District 4, 644-6266; Shirley Dean, Mayor, 644-6484

39.       Speed Limit Enforcement on Urban Streets 
 From:  Councilmember Armstrong  
Recommendation: 
Direct representatives and lobbyist in Sacramento to work toward crafting and passing a law which would exempt densely populated urban streets from the present "speed trap" laws.
  Contact:  Polly Armstrong, Councilmember District 8, 644-6401

40.       Claremont Hotel Expansion  
From:  Councilmember Armstrong  
Recommendation: 
Ask the City Manager to direct staff to review and monitor any plans or permit requests or environmental documents submitted by the Claremont Hotel for their proposed expansion and inform us of any opportunities that exist for the City to ensure that the impacts on residents are avoided or mitigated.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401

41.       I-80 Pedestrian/Bicycle Overpass (to be delivered)  
From:  Mayor Dean  
Recommendation: 
1)  Direct staff to immediately pursue all potential funding sources to obtain approximately $800,000 to restore those amenities which were eliminated from the I-80 overpass budget due to funding constraints and a larger than expected base construction bid; 2) establish the following priorities to add on to the construction as funding is obtained: a) landscaping, b) seating/rest areas, c) east staircase (from Aquatic Park Shoreline Trail to View Deck and Bridge Span), d) touchdown plaza, e) lighting, f) west staircase (from the Bay Trail to the View Deck and Bridge Span) and 3) request staff provide reports every 30 days to the Council, various commissions involved (Parks and Recreation, Waterfront, and Transportation) and the public on the status of the funding.
Contact:  Shirley Dean, Mayor, 644-6484

42.       Nuisance Abatement and Debris Removal from Private Property 
From:  Mayor Dean  
Recommendation: 
Request the City Manager 1) implement a stepped-up enforcement program for the removal of unsightly litter, debris and abandoned furniture from private property; 2) within 30 days, make recommendations to revise the pertinent sections of Berkeley Health and Safety Code to allow for quicker public action to remove such debris; 3) within 30 days, make recommendations with regard to allocating the ultimate financial responsibility for debris removal and nuisance abatement; and 4) request the City Manager consult with the Rent Board and staff, the Housing Advisory, Public Works and Solid Waste Management Commissions.
Contact:  Shirley Dean, Mayor, 644-6484

43.       Housing Authority Board Membership  
From:  Mayor Dean  
Recommendation: 
1) Request the City Manager analyze whether the Berkeley Housing Authority should continue to be composed of members of the City Council plus two Housing Authority tenants or be restructured as a separate, possible resident-elected board; 2) part of the evaluation to include how other cities in the area structure their Housing Authorities, costs of such a change, and how such change impacts the possibilities of additional federal funding; 3) the City Manager to obtain comments from the two current tenant members of the Authority, League of Women Voters (local branch), interim resident advisory group, current clients (property owners and residents) of the BHA, current residents of public housing, and appropriate boards and commissions; and 4) request the Manager return to the Council with the report no later than approximately six months.
Contact:  Shirley Dean, Mayor, 644-6484

44.       Tobacco Advertising in Local Newspapers 
From:  Mayor Dean  
Recommendation: 
1) Adopt a Resolution asking local newspapers either to voluntarily decrease/eliminate tobacco advertising or, if this is constitutionally infeasible, place a free public service anti-smoking ad that is equivalent and adjacent to each and every page of tobacco advertising; and 2) ask the City Clerk to forward a copy of the City's resolution to the Managing Editors of the following newspapers:  San Francisco Bay Guardian, East Bay Express, S.F. Weekly, Bay Times, Oakland Tribune, San Francisco Chronicle & Examiner, and Metro.  
Contact:  Shirley Dean, Mayor, 644-6484

45.       Fee Waiver:  Mount Zion Missionary Baptist Church Business Fair From:  Mayor Dean  
Recommendation: 
Grant the requested waiver of up to $504 for fees in conjunction with the August 19, 2000 Berkeley Mount Zion Missionary Baptist Church Business Street Fair, and 2) refer to the City Manager a request to keep a running tally of all fee waiver requests for policy consideration in conjunction with next year's budget discussion.
Contact:  Shirley Dean, Mayor, 644-6484

46.       Medical Marijuana Ordinance  
From:  Councilmember Maio  
Recommendation: 
The City Attorney forward copies of the draft Medical Marijuana Ordinance, and a copy of the Oakland ordinance, to the Health Commission.
  Contact:  Linda Maio, Councilmember District 1, 644-6359

47.       Fee Waiver:  Fifth Annual Watershed Environmental Poetry  
From:  Councilmember Worthington  
Recommendation: 
Adopt a Resolution 1) extending the sound permit from 11:00 to 4:30 p.m. and waive the fee to secure the use of the Veterans Memorial Building in the event of rain for the Fifth Annual Watershed Environmental Poetry event in Martin Luther King, Jr. Civic Center Park, Saturday, September 9, 2000; 2)  waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow a banner across Shattuck Avenue, and waive City permits, staff fees, and necessary equipment associate with hanging the banner; and 3) allow access to the kiosk located outside of downtown Berkeley BART station on Center Street to display a poster and any information relating to the event.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

48.       Initiative:  Save Agriculture and Open Space Lands  
From:  Councilmembers Worthington, Woolley, Olds, Vice Mayor Shirek  Recommendation: 
Support Alameda County initiative to Safe Agriculture and Open Space Lands, and send letters to the Alameda County Board of Supervisors.Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Diane Woolley, Councilmember District 5, 644-6294; Betty Olds, Councilmember District 6, 644-6399;Maudelle Shirek, Councilmember District 3, 644-6243.

49.       Fee Waiver:  Second Annual Berkeley World Music Festival             From:  Councilmember Worthington  
Recommendation: 
Waive all fees, including fees for event, food, sound permits, insurance fees, and police reserve fees, associated with the Second Annual Berkeley World Music Festival on Sunday, August 27, and allow an exemption to Berkeley Municipal Code (BMC) Section 20.24.040, allowing a banner to be hung across Telegraph Avenue at Durant advertising this event; and 2) approve the City's provision of the following in-kind services: ten portable toilets, assistance from Public Works in hanging the banners, twenty trash cans with liners, dumpster and solid waste services, and traffic signage and engineering for the closure of Durant at Telegraph and Bowditch.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

50.       Utility Reform Network (TURN)  
From:  Councilmember Worthington  
Recommendation: 
Refer the Utility Reform Network (TURN) opening and reply comments to the Task Force on Undergrounding Utilities and Undergrounding Utilities Subcommittee.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398  

51.       Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah) 
From:  Peace and Justice Commission  
Recommendation: 
Adopt a Resolution requesting the Los Angeles District Attorney drop all charges against Sara Jane Olson (aka) Kathleen Ann Soliah), and for Judge James Ideman to dismiss all charges to end a vindictive prosecution; and request Governor Gray Davis to pardon Sara Jane Olson (aka Kathleen Ann Soliah) during her period of alleged activities with and on behalf of the Symbionese Liberation Army, so this turbulent period can finally be put to rest.
Contact:  Manuel Hector, Secretary, 665-6880
City Manager Report  
Recommendation: 
The City Manager takes no position concerning the recommendations of the Commission.
Contact:  Fred Medrano, Health and Human Services, 665-6879

52.       Additional Funds for Affordable Housing  
From:  Housing Advisory Commission (HAC)  
Recommendation: 
1) Direct the City Manager to continue investigating the possibility of developing a local dedicated source of funding for the Housing Trust Fund; and 2) urge the Alameda County Board of Supervisors to put a bond measure on the November ballot to fund affordable housing.
Contact:  Oscar A. Sung, Secretary, 644-6001
City Manager Report  
Recommendation: 
Concurs with content and recommendations of the Commission.
Contact:  Stephen Barton, Housing, 665-3481

53.       Well and Groundwater Survey  
From:  Community Environmental Advisory Commission  
Recommendation: 
Instruct a letter to be sent to the San Francisco Water Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB) requesting these agencies maintain the highest possible uses of groundwater in the Berkeley sub-basin in the amended Water Quality Control Plan (Plan).  The amended Plan should recognize the intent of the City to use its groundwater resources in the future for municipal, domestic, irrigation and industrial purposes.
Contact:  Nabil Al-Hadithy, Secretary, 705-8155
City Manager Report  
Recommendation:  
Concurs with the content and recommendations of the Commission.
Contact:  Wendy Cosin, Planning and Development, 705-8108

54.       Donald G. Watts Trust 
From:  Board of Library Trustees  
Recommendation: 
Adopt a Resolution authorizing the Board of Library Trustees to consent to the reformation of the Donald G. Watts Trust.
Contact:  Adelia Lines, Library, 644-6095, ext. 18
City Manager Report  
Recommendation: 
Concurs with the content and recommendation of the Board.Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

Presentation

55.       Annual Report, Library Board of Trustees  
Contact:  Adelia Lines, Library, 644-6095

Action Calendar

Appeals:

56.       Zoning Appeal of Use Permit, 2334 Curtis Street
a.         Appeal filed by Alan Stern
of the Zoning Adjustments Board decision of March 23, 2000 which approved a use permit to expand a lawful non-conforming use by converting two units on the second floor to an existing fourplex into a 1,160 square foot unit and to replace a unit into the unused 665 square foot basement. Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
Recommendation: 
Adopt a Resolution denying the appeal of Use Permit, and uphold the decision of the Zoning Adjustments Board to approve Use Permit 99-10000099.
Contact: Wendy Cosin, Planning and Development, 705-8105
c.         Communications  
1.         Duff Johnson
2.         Alan Stern
Contact:  Sherry Kelly, City Clerk, 644-6480

57.       Zoning Appeal of Use Permit, 1144 Miller Avenue
a.         Appeal filed by Christopher J. Hunt, Eric and Michele Merrill, John and Jean DeWitt, and Larry Riley and Lucy McCoy
of the Zoning Adjustments Board decision of April 27, 2000 which approved a use permit to construct a 3,086 square foot single family house; and a use permit to construct an accessory building (detached garage) that encroaches on the 25% of a through lot nearest to Whitaker Avenue.
Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
(to be delivered)
Recommendation: 
Adopt a Resolution affirming the decision of the Zoning Adjustments Board.
Contact: Wendy Cosin Planning and Development, 705-8105
c.         Communications 
1.         Jean Waxdeck
2.         Helen Lewy
3.         Collin G. Murphy
4.         Marna Clark
5.         Barbara Allen and Robert E. Allen, FAIA
Contact:  Sherry Kelly, City Clerk, 644-6480

Action Calendar

58.       Zoning Appeal of Use Permit, 1155 Euclid Avenue  
a.         Appeal filed by Marilyn McCartney,
of the Zoning Adjustments Board decision of May 25, 2000 which approved Use Permit 00-10000045 for the project located at 1155 Euclid Avenue to convert a 492 square foot portion of an existing ground floor of a single family house into an accessory dwelling unit.
Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
Recommendation: 
Adopt a Resolution affirming the decision of the Zoning Adjustments Board to convert a portion of the ground floor of an existing residence into a 492 square foot accessory dwelling unit.
Contact: Wendy Cosin Planning and Development, 705-8105
c.         Communications  
1.         Alex and Kate Pope
Contact:  Sherry Kelly, City Clerk, 644-6480

59.       Zoning Appeal of Use Permit, 2016-2020 Dwight Way
a.         Appeal filed by Reuben Kolenbrenner.
of the Zoning Adjustments Board decision of December 9, 1999 which denied use permit 99-10000018 for the project located at 2016-2020 Dwight Way to: a) allow the construction of a multi-family dwelling; b) to allow portions of the structure to be 43 feet in height where otherwise the maximum building height is 35 feet.
Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
Recommendation: 
Adopt a Resolution denying the appeal and upholding the decision of the Zoning Adjustments Board regarding certain Use Permits at 2016 Dwight Way.
Contact:  Wendy Cosin, Planning and Development, 705-8108
c.         Communications  
1.         John E. Gutierrez, Attorney, requesting continuance to September 12, 2000.

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:

60.       Decision Regarding Kragen Auto Parts, Revocation of Use Permit  
From:  City Manager  (Reports and communications that were distributed to Council on June 20 and 27 are not included.) (to be delivered)
Recommendation:  Adopt a Resolution affirming the Zoning Adjustment Board decision to revoke Use Permit No. A1433, Kragen Auto Parts, 1600 University Avenue. 
Contact:  Wendy Cosin, Planning and Development, 705-8108
Contact:  Sherry Kelly, City Clerk, 644-6480

61.       Ballot Measure - Eviction for Good Cause (held over from June 20, June 27)
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

City Manager Supplemental Report of June 27  
Recommendation: 
1) Consider placement of the 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.
Contact:  Stephen Barton, Housing, 665-3481

Old Business:                                    

62.       Contract:  Martin Luther King, Jr. Civic Center Building (removed from the Consent Calendar by Councilmember Spring and held over from June 27)  
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute contract amendments with ELS Elbasani & Logan, Architects, to add interior design services for the Martin Luther King, Jr. Civic Center Building at 2180 Milvia and increasing the authorized contract amount by $71,500 for a new contract total amount not to exceed $2,571,500.
Contact:  Rene Cardinaux, Public Works, 665-3460

63.       City Manager’s Budget Policy Recommendations from Report of May 9, 2000 (held over from June 27)  
Recommendation:  Adopt budget policies to guide development of future budgets and help ensure the City's long-term fiscal stability.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

64.       Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR 99-116) (removed from Consent Calendar by Councilmember Worthington and held over from June 20, June 27)
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

65.       Commission Term Limits and Leave of Absences (held over from April 4, April 11, May 9, May 23 and June 13, June 27)
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

66.       Landmarks Preservation Ordinance and Zoning Ordinance (Removed from Consent Calendar by Vice Mayor Shirek.  Held over from May 16, May 23, June 13, June 27.)  
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

67.       Landmarks Preservation Ordinance and Zoning Ordinance (held over from June 27)  
From:  Mayor Dean 
Recommendation: 
1) If the City Manager wishes to pursue these amendments, Council directs the City Manager to present them directly to the Planning Commission and the Landmarks Preservation Commission.  Referral to the Commissions should include all of the correspondence Council has received regarding this matter; 2) request the Commissions make recommendations on the proposed amendments and forward their comments to the Council as information reports on July 25 if possible.  If not possible, the Commissions advise the Council and staff of the time frame in which they will be able to review these matters; and 3) request staff to provide a report to Council in September regarding this matter.
Contact:  Shirley Dean, Mayor, 644-6484

68.       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, May 9, May 2, June 13, June 27) 
From:  City Manager  - Information Report  
Contact:  Rene Cardinaux, Public Works, 665-3439

69.       Regulation of Indoor Entertainment Events (held over from May 23, June 13, June 27)  
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

70.       Annual Berkeley Transit Pass (held over from April 4, April 11, May 9, May 23, June 13, June 27) 
 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

71.       Parking Issues for Home Health Care Workers and Community Service Program (Removed from Consent Calendar by Councilmember Olds.  Held over from May 9, May 23, June 13, June 27) 
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

72.       Support for Rick Young and His Efforts to Meet with the UC Berkeley Chancellor for Housing on the Underhill Block (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13, June 27) 
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

73.       Notification of Meetings in Central Berkeley (Removed from the Consent Calendar by Councilmember Armstrong and held over from May 23, June 13, June 27)  
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

74.       Web Page Accessibility for People with Disabilities (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13, June 27) 
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

75.       Budget Referral:  Good Driver Recognition Program (removed from the Consent Calendar by Mayor Dean and held over from June 13, June 27) 
From:  Councilmember Worthington  
Recommendation: 
Congratulate personnel involved in beginning a Good Driver Recognition Program, and refer to the budget process $5000 for the Berkeley Police Department's Good Driver Recognition Program.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

76.       Limit Number of Agenda Items from the Council Action:  (Removed from the Consent Calendar by Councilmember Spring and held from June 13, June 27)
From:  Councilmember Breland  
Recommendation: 
Adopt a policy limiting the number of agenda items at each Council meeting to no more than three (3) items per Councilmember per meeting and that no additional items be allowed on following agendas until the original items have been addressed.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

77.       Council Meeting Procedures:  (Removed from the Consent Calendar by Councilmember Spring and held over from June 13, June 27)  
From:  City Auditor 
Recommendations: 
1) Council consider these possible improvements to their rules of procedure, along with other suggestions; that discussion of these matters be public and not referred to the Rules Committee; and that Council then vote on these or alternative suggestions no later than July 11 for implementation on September 19:  1) That Council-initiated items which are primarily ceremonial or advisory, and which have no impact on City staff except for writing a letter, be Consent Calendar items, but that all other Council-initiated items be placed on the Action Calendar;  2) allow sufficient time for staff review of all Council-generated Action reports by submitting them to the City Clerk when City Auditor and City Manager reports are due, twenty days before the date of the Council meeting.  3) request the City Manager ensure that during the review period financial implications, estimated staff time, and impact on Departmental work plans and time budgets,  are transmitted to the initiator of the item and included in the revised item; 4) items whose fiscal and workload impact cannot be estimated before a vote be resubmitted, with analysis, at a subsequent meeting; and 5) Council-generated items which are held over must be voted up or down at the next available Council meeting (non-public hearing meeting); 6) an annual limit on the number of Action items each of the nine Councilmembers may submit be agreed upon by Council, such as, based on three (3) per agenda, a limit (budget) of 96 annual per legislator if there are 32 meetings per year; 7) items carried over once and submitted a third time count toward the limit; and 8) rather than refer these suggestions to the Council Rules Subcommittee, a final Council vote should be scheduled on July 11 regarding this proposal and any amendments desired, and revised procedures instituted for the September 19 meeting.
Contact:  Ann-Marie Hogan, City Auditor, 644-6440

78.       Council Meeting Procedures (Removed from the Consent Calendar by Councilmember Spring and held over from June 13; from supplemental communications and reports, June 27)  
From:  Mayor Dean  
Recommendations: 
Amendments to Auditor's proposal:  1) Council-initiated items which are primarily ceremonial or advisory, and which have no impact on City staff except for writing a letter, be Consent Calendar items, but that all other Council-initiated items be placed on the Action Calendar; a) items removed from the Consent Calendar will be handled as they are currently handled;  2) that Council allow sufficient time for determining financial and work load impact of all Council-generated Action reports adopting the following process:  a) Council-generated Action items require a minimum of two votes by the Council prior to implementation; b) The first vote is a preliminary vote which signifies Council interest sufficient to trigger the use of staff resources necessary to perform a fiscal and work load impact analysis; c) staff will complete its review within 30 days.  If it is not possible to complete the review within this period of time, the City Manager will submit a brief report to the Council stating the reason and indicating the time frame in which the analysis will be prepared; d) the original Council-generated item and staff review will be placed on the agenda under the category of "Previous Council Referred Action Reports" for final vote.  These items will follow appeals, presentations and public hearings on the agenda; 3) rather than refer these suggestions to the Council Rules Subcommittee, a final Council vote should be scheduled on July 11, or some other Council agreed upon date, regarding this proposal and any amendments desired, and revised procedures instituted for the September 19 meeting;  4) adjourn this Council meeting and any subsequent meeting at which more than three items are not completed to the following Thursday evening at 7:00 p.m., at which meeting no new items will be scheduled, and the only items being considered are those items that have not been completed from the previous Tuesday agenda.
Contact:  Shirley Dean, Mayor, 644-6484

79.       Robotic Parking at Center Street Garage (Removed from the Consent Calendar by Councilmember Worthington and held over from May 23, June 13, June 27)  
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

80.       Procedures Relating to Interim and Permanent City Manager (held over from June 27)  
From:  Mayor Dean  
Recommendation: 
Adopt procedures to fill the City Manager position on an interim and permanent basis.
Contact:  Shirley Dean, Mayor, 644-6484

81.       City Manager Position (held over from June 27)  
From:  Councilmember Maio  
Recommendation: 
Discuss 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

82.       Taxi Scrip Program (held over from June 13, 27)  
From:  Commission on Aging  
Recommendation: 
Restore the distribution percentages for the taxi scrip program to 86/14, with 86% of available funds being assigned to taxi scrip for seniors and the balance going for other purposes.
Contact:  Lisa Ploss, Secretary, 644-6050
City Manager Report - Information  
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

New Business:

83.       Voting Delegates, League Annual Conference 
From:  City Manager 
Recommendation: 
Designate a voting delegate and alternate to act on behalf of the City at the policy-making meeting and direct the City Clerk to transmit the names of the delegates to the League no later than August 18, 2000.|
Contact:  Sherry Kelly, City Clerk, 644-6480

Information Reports

84.       Landmarks Preservation Commission Notices of Decision:  921 University Avenue (Suendermann Plumbing Co. Building); 4 Greenwood Common; 2100 Shattuck Avenue (Francis K. Shattuck Building); 1475 Rose Street (Old Jefferson School Building) (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

85.       Election Information on Web 
From:  City Manager  

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.         Bhima Sheridan, re Electronic Vehicle for Mail Delivery.
2.         Joe Washington, re Stadium Lights.
3.         Summer Brenner, re University Avenue traffic.
4.         Daniel W. Burkhart, The White House, re Andreas Toupadakis.
5.         L A Wood, re Audit of US EPA Region IX, Enforcement and Compliance Division.
6.         Donal & Lynn Glaser, re Fire Station #7.
7.         Jerri Holan, AIA, Architects Engineers, Planners, The McGregor Building, re Martin Luther King Jr./Civic Center Park Project.
8.         Philip Armstrong, United States Environmental Protection Agency, re Lawrence Berkeley National Laboratory.
9.         Michael J. Vandeman, re Determination of Critical Habitat for the Alameda Whipsnake.
10.       Rachel A. Rupert, re Millennium Peace Bell Project.
11.       Billy Quealy, re Neuter Ordinance.
12.       Richard Berkeley, re UACH Building.
13.       John Vance, A First amendment Center, regarding community information. (additional pages on file for review in the City Clerk’s  
14.       Robert Hagedorn, re: animal ordinance.

Adjournment


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