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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 25, 2000

Preliminary Matters

Roll Call:  7:05 p.m.

Ceremonial Matters:
a.            Honoring the South Berkeley Community Committee for a Full-Service Supermarket
b.            Honoring City Staff for Receipt of the California Association for Local Economic Development (CALED) "Development Partnership" Award of Excellence for securing the Berkeley Bowl
c.            Honoring Jody Bush for Sixteen Years of Service to the Berkeley Library

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.            Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a). July 11, 2000 (closed); and b) July 11, 2000 (regular).
Sherry M. Kelly, City Clerk, 644-6480

3.         Park Use Restrictions (first reading vote:  absent - Woolley)
From:  City Manager
Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 6.32 to add a section explicitly stating the City Manager's authority to regulate activities in parks to preserve the public safety and health, to preserve public property, and to distribute park space and facilities among competing uses.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

4.            Prevention of Disturbances Relating to Events in Parks (CR 99-043) (first reading votes:  absent - Woolley)
From:  City Manager 
Recommendation: 
Adopt second reading of two Ordinances:  1) amending Berkeley Municipal Code (BMC) Sections 23B.64.010, 23B.64.020, 23B.64.030 and 23B.64.040 (Zoning Ordinance) relating to abatement of public nuisances and clarifying Section 23B.60.040; and 2) enacting a new Berkeley Municipal Code Chapter 6.46 to regulate events in parks, adopting conforming amendments to Berkeley Municipal (BMC) Sections 13.44.010 and 13.36.070 and enacting a new Section 6.36.020 authorizing the City Manager to promulgate regulations for the reservation and rental of exclusive use facilities in parks.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

5.         Utility Users Tax Ordinance (first reading vote:  absent - Woolley)
From:  City Manager 
Recommendation:.
Adopt second reading of an Ordinance amending Berkeley Municipal Code Chapter 7.70, Utility Users Tax, to clarify the scope of the City's existing taxes and the collection responsibilities of all providers.
Contact:  Fran David, Finance, 665-7401

6.            Contract:  Toxics Management Division Codes, Policies and Procedures
From:  City Manager 
Recommendation: 
Adopt a Resolution accepting the bid of Boykin Consulting Services (BCS) and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $27,434, for a period of 360 calendar days to review and revise Toxics Management Division codes, policies and procedures and to write alternative policies and codes where desirable or necessary.
Contact:  Wendy Cosin, Planning and Development, 705-8108

7.            Contract:  Toxics Management Division 
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager, while Council is in recess, to approve plans and specifications for the Toxics Management Office Renovation Project, select a construction contractor through a competitive bid process, and execute a contract in an amount not to exceed $60,000 for certain construction work required to provide adequate workspace.
Contact:  Wendy Cosin, Planning and Development, 705-8108

8.         Ninth Street Bike Boulevard
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to accept and appropriate $398,250 in funds from the Surface Transportation Program/Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) and $51,750 in matching funds from the Alameda County Congestion Management Agency's reserve for CMAQ projects to complete the bicycle path project; and authorizing the City Manager or his designee to enter into agreements as necessary to complete the project.
Contact:  Wendy Cosin, Planning and Development, 705-8108

9.         Grant Application:  Bicycle Boulevard Project
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to submit a grant application for $180,000 to the Bay Area Air Quality Management District (BAAQMD) to partially fund the first-phase bicycle boulevard implementation of signage and pavement legends; authorizing the City Manager to execute any resultant agreements and amendments; and authorizing the implementation of the project, subject to securing the grant.
Contact:  Wendy Cosin, Planning and Development, 705-8108

10.       Final Map:  Tract 7120, Condo Conversion
From:  City Manager 
Recommendation: 
Adopt a Resolution approving Final Map of Tract 7120, conversion of a newly-constructed mixed-use building, containing five residential units and one commercial unit at 3115 Shattuck Avenue to six condominium units.
Contact:  Wendy Cosin, Planning and Development, 705-8108

11.            Contract:  Alta Bates Medical Center Environmental Impact Report (EIR)
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend the contract with EIP Associates, Planning Consultants, to expand the scope of services and increase the amount by $127,000 for a total amount not to exceed $552,000, the entirety to be funded by Alta Bates.
Contact:  Wendy Cosin, Planning and Development, 705-8108

12.            Contract:  Sanitary Sewer Project
From:  City Manager 
Recommendation: 
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at 5th Street, 7th Street, 8th Street, 9th Street and 10th Street; accepting the bid of K. J. Woods Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $784,800, for a period of 260 calendar days.
Contact:  Rene Cardinaux, Public Works, 665-3460

13.       Spiral Sidewalk Repair Project
From:  City Manager 
Recommendation: 
Adopt a Resolution approving the plans and specifications for the FY2001 Spiral Sidewalk Repair Project; accepting the bid of Berkeley Cement; and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $287,000, for the period August 1, 2000 to June 30, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

14.            Emergency Sidewalk Repair Project
From:  City Manager 
Recommendation: 
Adopt a Resolution approving the plans and specifications for the FY2001 Emergency Sidewalk Repair Project; accepting the bid of Berkeley Cement; and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $292,596, for the period August 1, 2000 to December 30, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3460

15.            Contract:  Move Coordination Services
From:  City Manager 
Recommendation:
 Adopt a Resolution authorizing the City Manager to amend the contract with Raney Unlimited in an amount not to exceed $27,045 to assist the City with the relocation of the Police and Fire Departments to the new Public Safety Building, for a new contract total not to exceed $50,000 for the term ending December 31, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3460

16.       Truck Limit in Residential Areas (CR 2000-66)
From:  City Manager 
Recommendation: 
Direct the City Manager investigate the number of heavy trucks (3 to 5 tons) still using residential streets six months after implementation of the Citywide Truck Route System.  This investigation should occur in early 2001 since the Truck Route System should be implemented by July 31, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

 17.            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

18.       PBX Telephone System Purchase 
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute an amendment to the Agreement with Exp@nets of California, Inc. in an amount not to exceed $920,475 that includes a $50,000 contingency allowance for a revised total contract amount not to exceed $1,877,038 for the purchase and installation of a PBX telephone system (Phase II) at the outlying building sites of the Corporation Yard and Solid Waste Transfer Station, the Parks and Waterfront Office at the Marina, the Housing Authority and Police Substation in south Berkeley, all fire stations, the animal shelter, all remaining Health and Human Services clinics and offices, Public Works Engineering, all senior and recreation centers, and library branches.
Contact:  Rene Cardinaux, Public Works, 665-3460

19.            Framework Convention for Tobacco Control
From:  City Manager 
Recommendation: 
Adopt a Resolution endorsing and supporting the development of a Framework Convention for Tobacco Control (FCTC) by the World Health Organization (WHO) and requesting the inclusion of the following provisions to strengthen and improve the FCTC: 1) give countries the right to adopt stronger tobacco control measures; 2) member states are not allowed to exclude certain parts of the FCTC when signing; 3) high-income countries are required to provide financial assistance to low and middle-income countries to implement the FCTC; 4) the United States delegation should include diverse and representative members of the community; 5) comments by delegates during the process be made public; and 6) the United States sign on to the FCTC in a timely manner.
Contact:  Fred Medrano, Health and Human Services, 665-6879

 20.       Grant:  Domestic Violence Prevention
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $450,000 from the State of California, Department of Health Services, Maternal Child Health Branch, Domestic Violence Section, to continue the development and implementation of a comprehensive plan for Community Interventions for Domestic Violence Prevention, for the period July 1, 2000 through June 30, 2003, and to execute the resultant agreement and any amendments.
Contact:  Fred Medrano, Health and Human Services, 665-6879

 21.       Ellis Implementation Ordinance Administration Transfer
From:  City Manager 
Recommendation: 
Adopt a Resolution transferring responsibility for administering eviction and relocation aspects of the Ellis Implementation Ordinance from the Housing Department to the Rent Stabilization Program.
Contact:  Stephen Barton, Housing, 665-3481

22.            Housing Code Amendment - Gas Heating Appliances
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040, Berkeley Housing Code, to add subsection 701.4 - Hazardous Conditions, to ensure the proper functioning of gas heating appliances in residential units.
Contact:  Stephen Barton, Housing, 665-3481

23.            Harrison Street Recreational Facility
From:  City Manager 
Recommendation: 
Adopt a Resolution approving the final plans for construction of recreational facilities to be built on a portion of the 6.4 acre site located at 5th and Harrison Streets. 
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

24.            Contract:  West Berkeley Neighborhood Development Corporation
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend the existing contract with the West Berkeley Neighborhood Development Corporation to extend its term until July 31, 2001.
Contact:  Bill Lambert, Economic Development, 705-8180

25.            Contract:  Smart Meter Debit Cards
From:  City Manager 
Recommendation: 
Adopt a Resolution authoring the City Manager to execute a contract for the purchase and implementation of the Duncan Meter rechargeable Smart Meter Debit Cards which includes purchase of  the necessary software program, handheld units and training to implement the Smart Meter Debit Cards and the Meter Maintenance and Auditing Program, in an amount not to exceed $42,941.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

26.            Contract:  Berkeley Community Media - Project Impact
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Community Media (BCM) for television programming work for Project Impact, for a total contract amount not to exceed $11,598.50, for the period August 1, 2000 to December 31, 2001.
Contact:  Arrietta Chakos, City Manager's Office, 644-6580

27.            Berkeley Alliance
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to serve as the City representative on the Berkeley Alliance Executive Committee and appoint three representatives as members to the Board of Directors.
Contact:  James Keene, City Manager, 644-6580

28.       Grant:  Transfer Tax - BAHIA
From:  Councilmember Maio
Recommendation: 
Grant to the Bay Area Hispano Institute for Advancement, Inc. (BAHIA) childcare facility up to $3,000 to pay for the Berkeley Transfer Tax on property located at 1000 Camelia Street.
Contact:  Linda Maio, Councilmember District 1, 644-6359

29.       Audit of the CALDAP Program
From:  Mayor Dean
Recommendation: 
Request the City Manager direct our State Lobbyist, Lynn Suter & Associates, and City staff to work with the City of Oakland's State Lobbyist and Senator Perata's staff to develop the request by Senator Perata for a State Legislative Audit of the California Natural Disaster Assistance Program, CALDAP.
Contact:  Shirley Dean, Mayor, 644-6484

30.            Screening for Breast Cancer and Prostate Cancer
From:  Mayor Dean
Recommendation: 
1) Establish a policy that allows female employees over 40 years, two to four hours of paid time off per year to obtain a mammogram, and for male employees between 40 and 45 if they have a history of prostate cancer or who are African American, or 50 years for other groups, equal hours paid time off, not to be counted against other leave, per year to obtain, voluntarily, a PSA blood test and rectal exam to screen for prostate cancer, or other tests at other ages for both males and females if they are recommended by the employee's physician; 2) direct the City's Health Department to obtain and distribute to all City employees the latest and best guidelines for such screenings, and other pertinent educational materials; 3) suggest to the Berkeley School District, UC Berkeley, and local businesses that they initiate a similar policy; 4) declare September as National Prostate Cancer Awareness Month in Berkeley and October as Breast Cancer Awareness Month, and engage in appropriate ceremonial activities for each of these occasions; and 5) request the City Manager report on current community outreach activities by the Berkeley Health Department on breast and prostate cancer, with recommendations for intensifying community outreach.
Contact:  Shirley Dean, Mayor, 644-6484

31.            Immediate Enforcement of City Regulations on Liquor Stores
From:  Mayor Dean and Vice Mayor Shirek
Recommendation: 
Request the City Manager begin immediate enforcement of existing City regulations at Black and White Liquors at Emerson and Adeline and Grove Liquors at Ashby and Martin Luther King. Jr. Way and report back to the Council on what steps the City has taken while the Council is in recess and recommendations for further steps needed.
Contact:  Shirley Dean, Mayor, 644-6484; Maudelle Shirek, Councilmember District 3, 644-6243

32.            Automobile Accidents Involving Use of Cellular Phones
From:  Mayor Dean
Recommendation: 
Again request our Sacramento legislators introduce legislation requiring the California Highway Patrol to include in their accident reports information about cellular phone use and requiring the Department of Motor Vehicles' annual summary of motor vehicle accidents to include the same information.  Request that the City Manager inform our Lobbyist of the Council's action.
Contact:  Shirley Dean, Mayor, 644-6484

33.            Berkeley Public Library Foundation Loan
From:  Mayor Dean and Councilmember Maio
Recommendation: 
Approve a short term loan (6-12 months) of $650,000 to the Berkeley Public Library Foundation to provide bridge funding until the funding commitments the Foundation has receive actually appear as cash in hand.
Contact:  Shirley Dean, Mayor, 644-6484; Linda Maio, Councilmember District 1, 644-6359

34.            Introduction of ASUC Officers 2000-2001
From:  Councilmember Worthington 
Recommendation: 
Reserve ten minutes on September 12 during the ceremonial items to introduce the ASUC officers of 2000-2001.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

 35.       Co-Sponsor Berkeley Grassroots Greening Tour
From:  Councilmembers Worthington and Maio
Recommendation: 
1)  Co-sponsor the Berkeley Grassroots Greening Tour scheduled for Saturday, October 7, 2000 as part of the 6th Annual Bay Area Open Garden Day and help to promote the tour; 2)  authorize an electric shuttle tour of the relevant City parks and gardens for City Councilmembers, Parks and Recreation Commission members and City staff that are interested; and 3) approve the proclamation to honor Saturday, October 7, 2000 as Open Garden Day in Berkeley.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359

 36.       Waive Fee:  Berkeley Stonewall 31 Celebration
From:  Councilmember Worthington
Recommendation: 
Waive the fee to secure the use of the Veterans Memorial Building for the Stonewall 31 Celebration, September 4, 2000.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

37.            Commercial Logging Throughout Sierra Nevada Range
From:  Councilmember Worthington
Recommendation: 
Support Sierra Club's position of Alternative 5 and add a requirement that the Forest Service eliminate all commercial logging throughout the Sierra Nevada Range; send a letter in support of Alternative 5 to the USDA Forest Service.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

 38.            Community Action Commissioner Appointment Retention; Policy for Religious Holidays
From:  Councilmember Worthington
Recommendation:
 Allow Human Welfare and Community Action Commissioner Estelle Katz to retain her appointment to the Commission without interruption because of the unusual circumstances which caused her to be removed.  Request the City Attorney make a recommendation for a policy addressing holidays of all religions for commissions and City meetings.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

 39.            Improved Working Relationships (to be delivered)
From:  Councilmember Maio
Recommendation:
Improve working relationships with staff and Council.
Contact:  Linda Maio, Councilmember District 1, 644-6359

 40.            Lawrence Berkeley National Laboratory Activities
From:  Councilmember Spring
Recommendation: 
Request the Lawrence Berkeley National Laboratory (LBNL) provide information on activities at its other laboratories in the City:  1) Melvin Calvin Lab on the UC Campus; 2) Donner Lab; 3) the Life Sciences Facility at 934 Dymo Building at 91 Bolivar Drive at Aquatic Park; information to include clarification of what activities are there, what kind of radioactive, hazardous and mixed waste or substances located or used at those facilities; and c) the Safety Analysis Document for each facility.
Contact:  Dona Spring, Councilmember District 4, 644-6266

41.       Short Term and Long Term Planning for People's Park
From:  Councilmembers Spring and Worthington
Recommendation: 
Establish a negotiating team of Councilmembers Worthington and Spring and the City Manager to negotiate issues concerning the short and long term future planning for People's Park.
Contact:  Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

42.            Support AB2479 - Live Animal Markets
From:  Councilmember Spring
Recommendation: 
Adopt a Resolution endorsing AB2479 (Kuehl) to establish regulations to control unnecessary cruelty in the operation of live animal markets and request the City Manager send letters in support of the bill to Assemblymember Sheila Kuehl, members of the Senate Appropriations Committee, and our State elected officials.

43.            Excused Absence for Commissioner
From:  Councilmember Olds
Recommendation: 
Direct staff to amend the BMC, Chapter 3.02, 3.02.020, to allow for excused absence from a Commission meeting for religious purposes.
Contact:  Betty Olds, Councilmember District 6, 644-6399

44.            Rename Certain San Pablo Park Facilities
From:  Councilmember Breland
Recommendation: 
Approve the request of the San Pablo Neighborhood Council to rename the tot lot in honor of Mrs. Corene Butler Bayless and the Auditorium/Meeting Room in the Frances Albrier Community Center in honor of Mrs. Esther M. Bell in recognition of their longstanding service and dedication to the San Pablo Neighborhood Council community.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

45.            Councilmembers to Talk and Listen to Constituents About Appealable Matters (to be delivered)
From:  Councilmember Breland
Recommendation: 
Request the City Attorney explore ways to amend or eliminate Rule I, Section F, part a. of the recently adopted Council Rules of Procedures and Order which prohibits Councilmembers from discussing or listening to the discussion of the facts of any matter where a public hearing would normally be required.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

 46.       Traffic on Dwight Way (to be delivered)
From:  Councilmember Breland 
Recommendation:
  Refer to the Transportation Commission and Traffic Engineer a request from the Dwight Way Neighbors to work with the neighbors to explore ways to reduce the volume of traffic on Dwight Way.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

 47.            Community Agency Contract Administration and Monitoring
From:  City Auditor
Recommendation: 
Request the City Manager report back to Council by early January 2001 regarding progress made in implementing the auditors' recommendation in the June 2000 report.  An advance copy of this report should be submitted to the Auditor according to the City Clerk's agenda review guidelines.
Contact:  Ann-Marie Hogan, City Auditor, 644-6440

48.       Civic Arts Commission Grant Funding
From:  Civic Arts Commission
Recommendation: 
Adopt a Resolution approving the Civic Arts Commission funding recommendations and authorizing 59 grants to various organizations to support arts and cultural activities during FY2001 in the amount of $145,500.
Contact:  Mary Ann Merker-Benton, Secretary, 705-8183
a.         City Manager Report
Recommendation: 
Concurs with the content and recommendations of the Commission.
Contact:  Bill Lambert, Economic Development, 705-8180

49.       Letter for Assisting Berkeley Senior
From:  Commission on Aging
Recommendation: 
Send a letter to Safeway thanking them for their compassionate behavior concerning a Berkeley senior.
Contact:  Lisa Ploss, Secretary, 644-6050
a.         City Manager Report
Recommendation: 
Concurs with content and recommendation of the Commission.
Contact:  Fred Medrano, Health and Human Services, 665-6879

 50.       Extend Task Force on Telecommunications
From:  Task Force on Telecommunications
Recommendation:
 Adopt a Resolution authorizing an extension of the Task Force on Telecommunications time period from October 12, 2000 to June 30, 2001.
Contact:  Philip Kamlarz, Secretary, 644-6580
a.         City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Commission.
Contact:  James Keene, City Manager, 644-6580

Action Calendar

 Appeals:

51.       Appeal of Landmarks Preservation Commission Designation of the Swink House, Cottage and Garden, at 1525-1529 Shattuck Avenue as a Berkeley Structure of Merit
a.         Appeal filed by Adolph and Patricia Meyer
b.         City Manager Report
Recommendation: 
Set the matter for a Public Hearing to consider reversing the decision of the Landmarks Preservation Commission.
Contact:  Wendy Cosin, Planning and Development, 705-8108
c.            Communications
1.         Harvey Sherback, petition with 722 signatures; Swink House historical reference; letters of support from business community; Berkeley Engineering and Research Inc. structural report; C.N.A. Newsletter No. 263, page 3; Elaine Parrish letter, July 17 article from Daily Planet.
2.         Art Goldberg

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:

52.       Ballot Measure:  Rent Eviction Controls (removed from the Consent Calendar by Councilmember Maio and held over from July 18)
From:  City Manager 
Recommendation: 
Adopt a Resolution placing a measure on the November 7, 2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9, Rent Stabilization Ordinance, 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.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

53.            November Ballot Measure - Community Facilities District (Disaster Fire Protection) (public hearing held on July 18)
From:  City Manager
Recommendation: 
Adopt three Resolutions:  1) establishing the Community Facilities District No. 1 (Disaster Fire Protection), authorizing the levy of a special tax within the District, preliminarily establishing an appropriations limit for the District, and calling an election for the purpose of submitting the levy of the special tax and the establishment of the appropriations limit to the qualified electors of the District; 2) determining the necessity to incur a bonded indebtedness within proposed Community Facilities District No. 1 (Disaster Fire Protection) and calling an election for the purpose of submitting the proposition to the qualified electors of the District; and 3) placing a measure on the November 7, 2000 ballot authorizing the issuance of bonds, the approval of a special tax and the establishment of an appropriations limit, for the purpose of financing a portion of the cost of a mobile disaster fire protection system for the delivery of auxiliary fire fighting water, including transportable pumping units, ultra large diameter hose, transport and support vehicles, portable hydrants, accessory fittings, hose bridges, and a storage site or sites, together with incidental expenses.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

54.            Decision Regarding Residential Permit Parking  ) (public hearing held on July 18)
From:  City Manager 
Recommendation: 
Conduct a public hearing and upon conclusion adopt a Resolution amending Sections 25C, 25E, 25M and 25N of Resolution No. 56,508-N.S., by adding subsections to extend residential permit parking on Addison Street between Sacramento Street and California Street, on Spaulding Avenue between Addison Street and Allston Way, on California Street between Cedar Street and Lincoln Street, on Emerson Street between Adeline Street and Tremont Street, on Tremont Street between Emerson Street and Essex Street, on Woolsey Street between Ellis Street and Harper Street, on Acton Street between Hearst Street and Delaware Street, on Hearst Street between Chestnut Street and Franklin Street, and on Keoncrest Drive between Rose Street and Acton Street.
Contact:  Rene Cardinaux, Public Works, 665-3460

 Old Business:

Reports and communications related to the following “Old Business” items were distributed to Council in previous packets as listed below and are not reduplicated for this agenda.  Please refer to appropriate agenda packet for background material.

 55.            Minutes for Approval (removed from the Consent Calendar by Mayor Dean and held over from July 18)
From:  City Manager 
Recommendation: 
Approve the minutes for the meetings of June 13, 2000 (regular) and June 20 (regular).
Contact:  Sherry Kelly, City Clerk, 644-6480

56.            Contract:  Martin Luther King, Jr. Civic Center Building (removed from the Consent Calendar by Councilmember Spring and held over from June 27, July 11)
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

 57.       City Manager’s Budget Policy Recommendations from Report of May 9, 2000 (held over from June 27, July 11)
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

58.       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, July 11) 
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

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

60.            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, July 11)
From:  City Manager  - Information Report
Contact:  Rene Cardinaux, Public Works, 665-3439

61.            Regulation of Indoor Entertainment Events (held over from May 23, June 13, June 27, July 11)
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

62.             Landmarks Preservation Ordinance and Zoning Ordinance (Removed from Consent Calendar by Vice Mayor Shirek.  Held over May 16, May 23, June 13, June 27 July 11)
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

63.            Landmarks Preservation Ordinance and Zoning Ordinance (held over from June 27, July 11)
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

64.            Undergrounding Utilities (removed from Information Reports by Councimember Worthington and held over from July 18)
From:  Council Subcommittee on Undergrounding and Undergrounding Utilities
Task Force
Recommendation: 
Receive status report related to California Public Utilities Commission’s Rule 20A and 20B Funds.
Contact:  Shirley Dean, Mayor, 644-6484

65.       Name Lower Harrison Field in Honor of Gabe Catalfo (removed from the Consent Calendar by Councilmember Armstrong and held over from July 18) 
From:  Councilmembers Armstrong and Maio
Recommendation: 
Name Lower Harrison Field: Gabriel "Gabe" Catalfo Field.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401; Linda Maio,
Councilmember District 1, 644-6359

66.            Automatic Public Toilets in Commercial Districts; Removal of Billboards (removed from the Consent Calendar by Councilmember Woolley and held over from July 18)
From:  Councilmembers Breland, Maio, and Worthington
Recommendation
:  Refer to the City Manager a proposal to install two Adshel automatic public toilets in commercial districts and the removal of billboards within the city limits in exchange for a billboard along I-80.
Contacts:  Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398

67.            Proclamation:  50th Anniversary of the San Pablo Neighborhood Council (to be delivered) (removed from the Consent Calendar by Councilmember Breland and held over from July 18)
From:  Councilmember Breland
Recommendation:
Approve a Proclamation recognizing the 50th Anniversary of the formation of the San Pablo Neighborhood Council, to be presented at the Council meeting of September 19th, 2000.
Contact:  Margaret Breland, Councilmember District 2, 644-6400

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

69.            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, July 11)     
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

70.       Budget Referral:  Good Driver Recognition Program (removed from the Consent Calendar by Mayor Dean and held over from June 13, June 27, July 11)
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

71.            Robotic Parking at Center Street Garage (Removed from the Consent Calendar by Councilmember Worthington and held over from May 23, June 13, June 27, July 11)
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

72.            Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed from the Consent Calendar by Councilmember Armstrong and held over from July 11)
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

New Business:

73.       South Shattuck Redevelopment Feasibility Study 
From:  City Manager 
Recommendation: 
Direct staff to complete an expanded feasibility study for the establishment of two discontiguous redevelopment areas consisting of South Shattuck and South San Pablo Areas, and return at a future date with an action plan showing steps and costs for the formal amendment process and recommended redevelopment study area boundaries.
Contact:  Wendy Cosin, Planning and Development, 705-8108

74.       Hills Fire Station
From:  Councilmember Olds
Recommendation: 
Set aside time at the meeting of July 25 to hear a presentation from City staff regarding sites for the Hills Fire Station; request the City Manager to:  1) identify why staff is recommending that a new fire station be constructed, including why retrofitting of the existing fire station at Shasta and Queens is not adequate by itself; 2) prepare a map showing specifically all sites that have been investigated, and a list of agencies, organization and other jurisdictions that have been contacted; 3) present the results of any analysis that has been made of factors such as response time or other factors that have been looked at; 4) present the factors that will determine the size of a new fire station; 5) recommend a preferred site, if staff is ready to do so at this time; 6) explain the process, actions and funding necessary to complete the project including the use of Measure G funds; 7) outline a proposed time frame for each step of the process; and 8) recommend to the Council what the next steps should be, including any action which staff feels should be taken at this time.
Contact:  Betty Olds, Councilmember District 6, 644-6399

75.            Moratorium:  Telecommunications Infrastructure Work
From:  Task Force on Telecommunications
Recommendation:
 Adopt a Resolution directing the City Manager to draft an Ordinance declaring a moratorium on Telecommunications infrastructure work and bring it to Council as soon as possible.  In addition, during the interim period, to direct the City Manager to cease issuing permits for these activities.  Such actions should be undertaken in close consultation with special expert counsel to determine any legal constraints on the City with respect to the proposed ordinance and any permit denials.
a.         City Manager Report
Recommendation: 
Concurs with the content and recommendations of the Commission.
Contact:  Chris Mead, Information Systems, 665-7661

 76.       Prince Hall Arms Senior Housing Project
From:  Housing Advisory Commission
Recommendation: 
Reconsider June 27th decision to defer action on the Housing Advisory Commission's recommendation that the Housing Trust Fund (HTF) reservation for the Masons' Prince Hall Arms Senior Housing Project at 3132 Martin Luther King Jr. Way be reduced to the original $1.3 million reserved by Council, inclusive of the approximately $600,000 already expended.
Contact:  Oscar A. Sung, Secretary, 665-3469
a.         City Manager Report
Recommendation: 
Defer a decision on the HAC recommendation until September 12, 2000.  While staff will initiate the next Housing Trust Fund (HTF) funding round in late July, a decision by Council on the disposition of the funds in question by September 12 is still early enough in the HTF allocation process to a) allow those funds to be reallocated for projects being considered in the upcoming funding round; and b) enable staff to explore development options with the Masons prior to Council taking action.
Contact:  Stephen Barton, Housing, 665-3481

77.            Referrals of Misconduct Issues to the PRC
From:  Police Review Commission (PRC)
Recommendation: 
1) Refer reports of incidents that indicate alleged police misconduct to the PRC for possible investigation; 2) direct commissions that receive reports of incidents that indicate possible police misconduct to refer them to the PRC; and 3) direct the City Manager to direct all City departments that receive reports of incidents that indicate possible police misconduct to refer them to the PRC.
Contact:  Barbara Attard, Police Review Commission Officer, 644-6716
a.         City Manager Report (to be delivered) 
Contact:  James Keene, City Manager, 644-6580

 78.            Independent Legal Counsel for the Police Review Commission
From:  Police Review Commission (PRC)
Recommendation: 
Appropriate funding to obtain independent legal counsel for the PRC to assess options for the City to respond to the Caloca decision and to advise the PRC whenever necessary on issues in which there may be a perceived conflict between the PRC, the City Manager and the City Attorney and the PRC requires legal advice or representation.
Contact:  Barbara Attard, Police Review Commission Officer, 644-6716
a.         City Manager Report (to be delivered)
Contact:  James Keene, City Manager, 644-6580

Information Reports

79.       2 X 2 Committee Meeting Notes - February 17, March 16 and May 18, 2000
From:  City Manager 
Contact:  Arrietta Chakos, City Manager's Office, 644-6580

80.       Animal Care and Control Task Force Recommendations - Final Report, Financial Implications and Timeline for Animal Shelter (CR 36-2000)
From:  City Manager 
Contact:  D. E. Butler, Police, 644-6568

81.            Revision and Implementation of Community Noise Ordinance
From:  City Manager 
Contact:  Fred Medrano, Health and Human Services, 665-6879

82.       Status Report on Implementation of Auditor's Departmental Budget Monitoring Audit (CR 99-148)     
From:  City Manager
Contact:  James Keene, City Manager, 644-6580

83.       Ballot Measure List and Local Fiscal Impact (to be delivered)
From:  City Manager 
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

84.       Hills Fire Station
From:  Councilmember Worthington
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

85.       Status Report on Underground Utilities (to be delivered)
From:  Task Force on Undergrounding Utilities
Contact:  Shirley Dean, Mayor, 644-6484

86.            Memorial Stadium Lights Working Group Status Report (to be delivered)
From:  Mayor Dean
Contact:  Shirley Dean, Mayor, 644-6484

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.         Peter Wilson, re South Berkeley Street Repair.

 2.            Barbara Boxer, United States Senator, re the Downed Animal Protection Act.

 3.            Barbara Boxer, United States Senator, re Dangerous Chemicals.

 4.         RE Traffic Speeding Issues on College Avenue
a.         Anne Marselis
b.         Stan Muller, Lieutenant, Traffic Bureau

 5.         Re Ala Costa Center
a.            Duane Flanigan, petition with 15 signatures.
b.            Pat Brock

 6.         Re Beth El Synagogue
a.         Susan and Mike Austin
b.         Mary Ellen Doniger
c.         Gibor Basri & Jessica Broitman
d.         Edward Vine & Ellen Singer
e.            John G. Rosenberg, M.D., M.P.H.
f.            Arlene and Jonathon Noble

7.         Nguyen Xuan Phong, Consul General, re acknowledging Council observing the 25th Anniversary of reunification.

8.         Vivian Kahn, Planning and Development, re Truck Route Violation.

9.            Committee to Minimize Toxic Waste, Gene Bernardi, re LBNL.

10.       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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