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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, SEPTEMBER 12, 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.
Oath of Office
Pledge of Allegiance to the Flag
Introduction of ASUC Officers for 2000-2001
Thank You to the City from Christmas in April
Proclamation:  Shoreline Cleanup Day
Proclamation:  National Prostate Cancer Month

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.     Recess Items
a.  Public Liability Claim:  Norman Allendorph v. City of Berkeley
From:  City Manager
Recommendation: 
Adopt a Resolution confirming the action of the City Manager taken during the summer  recess authorizing a settlement of Public Liability Claim Number 00-229, Norman Allendorph, in the amount of $8,222.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
 

b.  Settlement:  Barbara Selfridge v. City of Berkeley
Recommendation: 
Adopt a Resolution confirming the action of the City Manager taken during the summer recess authorizing a settlement of the Alameda County Superior Court Action No. 819057-0 entitled Barbara Selfridge v. City of Berkeley in the amount of $68,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380 

c.  Contract:  General Plan Environmental Review
From:  City Manager
Recommendation: 
Adopt a Resolution confirming the action of the City Manager taken during the summer recess authorizing the City Manager to enter into a new contract with LSA Associates for completion of the required environmental review for the draft General Plan in the amount of $40,311.
Contact:  Wendy Cosin, Planning and Development, 705-8108. 

d.  Janitorial Services at Mental Health Facilities
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing a closeout invoice payment in an amount not to exceed $6,500 to Pinnacle Environmental Services, Inc. for janitorial services provided at 2636/2640 Martin Luther King, Jr. Way and at 1925 Derby Street through June 30, 2000.
Contact:  Fred Medrano, Health and Human Services, 665-6879

e.  Contract:  Recreational Facilities at Harrison Street
From:  City Manager
Recommendation: 
Adopt a Resolution confirming the action of the City Manager taken during the summer recess amending the contract with the Association for Sport Field Users (ASFU) by: 1) allocating an additional $230,000 of City funds to the contract, provided the total amount of the contract shall not exceed $1,500,000 (including $50,000 in cash donations raised by ASFU); and 2) extending the term of the contract to December 31, 2000.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

f.  Contract:  Sports Court Renovations
From:  City Manager
Recommendation: 
Adopt a Resolution confirming the action of the City Manager taken during summer recess approving the plans and specification for the sports court renovations at Grove Park, James Kenney Park, and Berkeley Rose Garden; accepting the bid of Vintage Contractors, Inc.; and authorizing the City Manager to execute a contract and any amendments for a period of sixty calendar days in an amount not to exceed $187,000.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

2.
    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

3.      Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) July 18, 2000 (closed); b) July 18, 2000 (regular); c) July 25, 2000 (closed); and d) July 25, 2000.(regular) and revised July 11 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

 4.      Council Meeting Calendar - Year 2001
From:  City Manager
Recommendation: 
Adopt a Resolution establishing the schedule for the City Council meetings for the Year 2001.
Contact:  Sherry Kelly, City Clerk, 644-6480 

5.      Contract:  Communications Infrastructure at Corporation Yard
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Capitol Communications to update the communications infrastructure at the Corporation Yard for a total contract amount not to exceed $43,000 for the period September 13, 2000 to May 31, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

6.       Contract:  Gilman Street/I-80 Interchange Roundabouts Design
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Whitlock & Weinberger Transportation, Inc. (W-Trans) to provide traffic engineering services for the Gilman Street/I-80 Roundabout Design, in an amount not to exceed $40,000, for the period September 15, 2000 to March 31, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3460

7.     Speed Limit Along Claremont Avenue
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.24 by adding Section 14.24.220 changing the speed limit along Claremont Avenue from 25 to 30 MPH between Ashby Avenue and Alcatraz Avenue/Oakland city limit.
Contact:  Rene Cardinaux, Public Works, 665-3460

8.    Contract:  Council Chamber Renovations
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to negotiate and execute contract amendments with Todd Jersey Architects to provide additional architectural and engineering services for the Council Chambers Renovation Project, by increasing the authorized contract amount by up to $50,000, for a new contract total amount not to exceed $72,900, and extending the term of the contract through July 1, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

9.    Contract:  New Fire Station
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Marcy Li Wong Architects, to provide the initial phase of architectural and engineering services for a new fire station in the Berkeley  Hills, in an amount not to exceed $35,500 for all services and reimbursable expenses, for the period October 1, 2000 to June 30, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460

10.    Contract:  Coordination Activities Related to Saving Affordable Housing
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Housing Rights, Inc. in the amount of $43,000 in General Funds to continue a variety of tenant organizing, coalition-building, and other activities to help save the Federal Section 8 Program and other affordable housing programs.
Contact:  Stephen Barton, Housing, 665-3481

11.    Amendment to Commercial Energy Conservation Ordinance
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Section 19.72.170 of the Berkeley Municipal Code (BMC) to establish a procedure to record a certificate of non-compliance with the County Recorder to improve compliance with the Commercial Energy Conservation Ordinance (CECO).
Contact:  Stephen Barton, Housing, 665-3481

12.    Abandoned and Inoperative Vehicle Trust Fund
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to create and establish an interest bearing Abandoned and Inoperative Vehicle Trust Fund in accordance with requirements mandated by the California Vehicle Code, Section 22710, C-2.
Contact:  Fred Medrano, Health and Human Services, 665-6879

13.    Contract:  Public Health Laboratory
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the California State Department of Health Services for public health laboratory services in an amount not to exceed $191,204 for the period July 1, 2000 to June 30, 2001, and approving a $25,000 advance payment.
Contact:  Fred Medrano, Health and Human Services, 665-6879 

14.    Honoring Three Slain Food Inspectors
From:  City Manager
Recommendation: 
Adopt a Resolution in recognition of the three food inspectors slain on June 21, 2000.
Contact:  Fred Medrano, Health and Human Services, 665-6879 

15.    Civic Arts Grants Program Revisions
From:  City Manager
Recommendation: 
Adopt a Resolution revising eligibility requirements and program categories for Civic Arts Grants Program and rescinding Resolution No. 55,832-N.S.
Contact:  Bill Lambert, Economic Development, 705-8180 

16.    Berths at the Marina for Nonprofits in Exchange for Community Services
From:  City Manager
Recommendation: 
Adopt a Resolution waiving berth fees in exchange for community service for the Bay Area Association of Disabled Sailors (BAADS), the Nautilus Institute and the Cal Sailing Club.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222 

17.    Contract:  Environmental Consultant
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend the contract with Donaldson Associates, in an amount not to exceed $28,165, to prepare a Focused Environmental Impact Report for the Measure S improvements to Martin Luther King, Jr. Civic Center Park, for a new contract total not to exceed $37,855 for the term ending June 30, 2001.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222 

18.    Living Wage Ordinance, Marina Zone (CR #2000-120)
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.27.020, 13.27.030 and 13.27.050 to establish a requirement that specified employers within the Marina Zone pay employees a living wage.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

19.    Support SB 1949 - Internet Taxation, and SB 1933 - State Tax Policy
From:  Mayor Dean
Recommendation: 
1) Support SB 1949 (Costa) which promotes the development of a multistate system for collecting sales and use taxes, and thereby hastens the implementation of full state taxation of Internet sales; 2) support SB 1933 (Vasconcellos) establishing the California Commission on Tax Policy in the New Economy which would study and make recommendations on how to best promote economic vitality, tax equity, and governmental sustenance in the era of the e-economy; 3) direct the City Clerk to notify the bills' sponsors, Berkeley's representatives in Sacramento, and the City's Sacramento lobbyist of this action; and 4) direct the City Clerk to notify the Governor of the City's support (on May 9, 2000) of AB 2412, which is now before the Governor for action.
Contact:  Shirley Dean, Mayor, 644-6484 

20.     Oppose Proposition 38 - School Voucher and Public School Funding
From:  Mayor Dean
Recommendation:
 1) Adopt a Resolution in opposition to Proposition 38, a constitutional amendment initiative organized by Timothy C. Draper which would completely reorganize the State's system of school finance, authorize annual State payments of at least $4,000 scholarship per pupil to attend private and religious schools, require minimum-per-pupil K-12 public school funding at or above the national average, and reduce the legislative vote requirement for school funding from 2/3 to a majority; and 2) forward the resolution to the No Vouchers 2000 Committee and ask them to add the City's name to the list of No on 38 endorsements.
Contact:  Shirley Dean, Mayor, 644-6484 

21.     Minority and Gender Representation in the City Work Force
From:  Mayor Dean
Recommendation: 
City Manager begin as soon as possible to examine whether minorities and women are equitably represented at all levels in the City's work force, starting with the Police and Fire Departments, and report back to the Council on his study and actions which the City should be taking.
Contact:  Shirley Dean, Mayor, 644-6484 

22.     Proclamation:  Honoring Berkeley Partners for Parks (to be delivered)
From:  Mayor Dean
Recommendation: 
Approve a Proclamation honoring Berkeley Partners for Parks, Zasa and Stephen Swanson, Aquatic Park Children's Playground Project, and hundreds of park volunteers.
Contact:  Shirley Dean, Mayor, 644-6484 

23.     Salary Adjustment - Animal Shelter Director Position
From:  Mayor Dean, Councilmembers Olds and Spring
Recommendation: 
The City Manager consider increasing the salary now being offered in the recruitment of a new Manager of the City's Animal Shelter and report back to Council within thirty days.
Contact:  Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399,   Dona Spring; Councilmember District 4, 644-6266 

24.     1999-2000 Alameda County Grand Jury Final Report
From:  Mayor Dean
Recommendation: 
Request the City Manager prepare the required response from the City to the 1999-2000 Alameda County Grand Jury Final Report, such response to be to Grand Jury Recommendation 00-35:  "that all local elected or appointed governing bodies and political subdivisions of the County hold annual workshops to familiarize the governing body members and staff with the Brown Act."
Contact:  Shirley Dean, Mayor, 644-6484 

25.     Earthquake Preparedness (to be delivered)             
From:  Mayor Dean
Recommendation: 
During Earthquake Preparedness Month in October, request the City Manager, working with the Disaster Council, to:  A) schedule a special joint meeting with the City Council and members of the Disaster Council at which the Council, Disaster Council and members of the public will be informed of the status of all efforts the City has in place to respond to a major earthquake.  All Neighborhood Watch Groups are to be invited to this meeting and the meeting will include:  1) review and possible modification of existing programs and efforts; 2) review of remaining work to be done, setting priorities, work program and budget; and 3) review of shelter program citywide; B) encourage each Neighborhood Watch Group to hold a mock drill in October: 1) preparedness information is supplied to the group by the City; 2) each Neighborhood Watch Groups is requested to discuss their preparedness, review status of supplies and each member requested to review individual household plan; and 3) request the City Manger to report to Council on this effort and to prepare a citywide map showing areas Neighborhood Watch Group cover, and plans to cover the uncovered areas; and C) ask local newspapers to carry information about the special meeting, the classes that area available, supplies each household should have and other pertinent information.
Contact:  Shirley Dean, Mayor, 644-6484

26.     Whale Deaths as a Result of Use of Sonar             
From:  Councilmember Olds and Mayor Dean
Recommendation: 
Request the City Manager write a letter to the U.S. Secretary of the Navy voicing our strong objection to the use of the Low-Frequency Active Sonar System in our oceans as a result of evidence that links the death of marine life, particularly whales, to use of this system.
Contact:  Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484. 

27.     Parks Ballot Measure W Budget Issues             
From:  Councilmember Spring
Recommendation: 
Request the City Manager respond to questions regarding budget issues raised in the rebuttal argument against Measure W.
Contact:  Dona Spring, Councilmember District 4, 644-6266 

28.     Downtown Berkeley Improvements             
From:  Councilmember Spring
Recommendation: 
Request the City Manager report on the time table for construction of the downtown restrooms in the Center Street Garage and update the Council on the grant requests for funding the opening of Strawberry Creek.
Contact:  Dona Spring, Councilmember District 4, 644-6266

29.     ADA Training for Police Department             
From:  Councilmember Spring
Recommendation: 
Direct the City Manager to 1) arrange for ADA (American Disability Act) training and sensitivity to disability issues within the Police Department; 2) direct the Office of Economic Development to assist Berkeley businesses in any way possible to know that they comply with the ADA; and 3) report back to the Council regarding progress in this area.
Contact:  Dona Spring, Councilmember District 4, 644-6266

 30.    Fee Waiver:  Indigenous People's Day             
From:  Councilmembers Worthington and Spring
Recommendation: 
Adopt a Resolution approving exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Shattuck Avenue (south of University Avenue) inviting people to attend the annual Indigenous People’s Day Celebration on October 7, 2000 at Civic Center Park.  Also, that Council support a proclamation for Indigenous People’s Day.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

31.     Declaration of Berkeley 2000 from the First Redwood-Sequoia Congress             
From:  Councilmember Worthington
Recommendation: 
Adopt a Resolution for Declaration of Berkeley 2000 from the First Redwood-Sequoia Congress to the United States Government and to the United Nations.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 

32.     Oppose Proposition 38 - National Average School Funding Initiative             
From:  Councilmember Worthington
Recommendation: 
Oppose Proposition 38 "The National Average School Funding Guarantee and Parental Right to Choose Quality Education Amendment" which will be on the November ballot.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

33.     Active Lift Teams for Alta Bates             
From:  Commission on Disability
Recommendation: 
Direct the City Clerk write a letter to Alta Bates Hospital to request re-establishing active lift teams on duty 24 hours a day, seven days a week; and that the lift teams be adequately trained.
Contact:  Virginia Vafa, Secretary, 665-3440
City Manager Report: 
Recommendation: 
The City Manager concurs with the recommendation of the Commission.
Contact:  Rene Cardinaux, Public Works, 665-3460

34.     Living Wage for Paratransit Drivers             
From:  Commission on Disability
Recommendation: 
Direct the City Clerk write to AC Transit supporting the Living Wage for paratransit drivers with copies to Chris Zook, President of Amalgamated Transit Union Local 192, and BART.
Contact:  Virginia Vafa, Secretary, 665-3440
City Manager Report
Recommendation: 
The City Manager concurs with the recommendation of the Commission.
Contact:  Rene Cardinaux, Public Works, 665-3460 

35.     Naturalization for Person with Disabilities             
From:  Commission on Disability
Recommendation: 
Direct the City Clerk write a letter to Immigration and Naturalization Services, U.S. Representative Barbara Lee, Senator Dianne Feinstein, Senator Barbara Boxer, and President Clinton to grant U.S. citizenship to Vijai Rajan without requiring the Oath of Allegiance.
Contact:  Virginia Vafa, Secretary, 665-3440
City Manager Report
Recommendation: 
The City Manager takes no position concerning the recommendation of the Commission.
Contact:  Rene Cardinaux, Public Works, 665-3460 

Old Business:

 36.    Housing Code Amendment - Gas Heating Appliances (withdrawn by City Manager and held over from July 25)
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 

37.     Berkeley Alliance (removed from Consent Calendar by Councilmember Shirek and held over from July 25)             
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

Action Calendar

 38.    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, July 25)
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 

39.     Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (held over from July 25)
From:  Mayor Dean
Recommendation: 
Approve a "no trucks" restriction along the Claremont Blvd., Belrose, Derby and Warring corridor, effective upon the completion of the College Avenue repaving project.
Contact:  Shirley Dean, Mayor, 644-6484 

40.     Regulation of Indoor Entertainment Events (held over from May 23, June 13, June 27, July 11, July 25)
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

41.     Community Action Commissioner Appointment Retention; Policy for Religious Holidays (removed from Consent Calendar by Mayor Dean and held over from July 25)
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

 42.    Improved Working Relationships (no report) (removed from Consent Calendar by Councilmember Maio and held over from July 25)
From:  Councilmember Maio
Recommendation:
Improve working relationships with staff and Council.
Contact:  Linda Maio, Councilmember District 1, 644-6359           

Action Calendar

 43.     Councilmembers to Talk and Listen to Constituents About Appealable Matters
From:  Councilmember Breland
(removed from Consent Calendar by Councilmember Olds and held over from July 25)
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 

44.      Automatic Public Toilets in Commercial Districts; Removal of Billboards (removed from the Consent Calendar by Councilmember Woolley and held over from July 18, July 25)
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 

45.      Annual Berkeley Transit Pass (held over from April 4, April 11, May 9, May 23, June 13, June 27, July 11, July 25)
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 

46.      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, July 25)
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

 Action Calendar

 47.     Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed from the Consent Calendar by Councilmember Armstrong and held over from July 11, July 25)
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:

48.    Voting Delegates, Congress of Cities
From:  City Manager
Recommendation: 
Designate a voting delegate and alternate to act on behalf of the City at the Annual Business Meeting at the National League of Cities' Congress of Cities and direct the City Clerk to transmit the names of the delegates to the League no later than October 13, 2000.
Contact:  Sherry Kelly, City Clerk, 644-6480 

49.    Fee Waivers - Fall and Winter Lunchtime Concert Series
From:  Mayor Dean
Recommendation: 
Approve waiver of all fees, in the amount of $3,720, for Downtown Berkeley's Fall and Winter Lunchtime Concert Series sponsored by the Downtown Berkeley Association.
Contact:  Shirley Dean, Mayor, 644-6484 

50.   Tax Incentives for Landlords of Section 8 Tenants
From:  Mayor Dean
Recommendation: 
Request our Federal and State representatives to introduce legislation to provide tax incentives at the Federal and State levels for owners of rental property who rent to Section 8 tenants.
Contact:  Shirley Dean, Mayor, 644-6484 

51.    Buy Berkeley (to be delivered)
From:  Mayor Dean
Recommendation: 
Refer to the City Manager the development of a Buy Berkeley campaign which is to be in place by the end of the calendar year.
Contact:  Shirley Dean, Mayor, 644-6484 

Action Calendar

 52.   Undergrounding Utilities (to be delivered)
From:  Mayor Dean
Recommendation: 
1) Consider this status report on undergrounding utilities; 2) formalize the appointment of Councilmember Woolley to the Council Committee on Undergrounding Utilities; and 3) make a replacement appointment for Councilmember Woolley on December 5, 2000.
Contact:  Shirley Dean, Mayor, 644-6484 

Action Calendar

53.    Council Agenda Management Problems (to be delivered)
From:  Mayor Dean
Recommendation: 
Request the City Manager schedule a special meeting at which the whole Council can spend sufficient time to review agenda problems, to review specifically the previously submitted proposals from Auditor Hogan, Councilmember Breland and Mayor Dean, as well as any new proposals which may be submitted prior to the special meeting; Council to review complaints from Commissions regarding delay of items submitted and the process and timeline for submission of such items; the City Manager to report to the Council on questions of staff work load disruption and financial implications of Council-submitted items and make any recommendations to consider at the special meeting.
Contact:  Shirley Dean, Mayor, 644-6484 

Information Reports

54.    Policy on Pesticides, Diazinon and Chlorpyrifos
From:  City Manager
Contact:  Fred Medrano, Health and Human Services, 665-6879 

55.    Public Health Nursing
From:  City Manager
Contact:  Fred Medrano, Health and Human Services, 665-6879 

56.    Landmarks Preservation Commission Notices of Decision Regarding 2418 California Street, 1960 San Antonio Avenue, 1099 Ashby Avenue, 2271 Shattuck Avenue, 2109 Shattuck Avenue, and 2606 Dwight Way
From:  City Manager
Contact:  Wendy Cosin, Planning and Development, 705-8108. 

57.    Grant:  Tuberculosis Control Program
From:  City Manager
Contact:  Fred Medrano, Health and Human Services, 665-6879  

58.    Rejection of Marine Corps Pre-Deployment Training Exercise
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.

 1.     Richard Robbins, Wareham Development, re West Berkeley Building Acquisition Fund.

2.      Roger Van Ouystel, re northside parking.

3.      Barbara Boxer, United States Senator, re acknowledgement of Council letter about price of prescription drugs in the Medicare program.

 4.     Dwight Steele and Norman La Force, Citizens for the Eastshore State Park, re use of Conservancy grant funds by CESP.

 5.     John Kelly, re proposed ban on alcohol sales in parks.

 6.     Re:  Congregation Beth El Project, 1301 Oxford:

         a. Joanne Backman

         b. Michelle and Picra Segre

         c. Susan Helmrich, PhD & Richard Levine, MD

         d. Albert and Marian Magid

         e. Susan and Mike Austin

         f. Karen Kaufman, PhD

         g. Henry Hoexter

         h. Steve and Joan Ominsky

         i. Bonnie and David and Sam Roditti

         j. Alex Bergtraun, AIA

         k. Jennifer Krebs

         1. Edith Reimann

         m. Pauline Hale

         n. Susan and Hilda Amdur

         o. Maurice Obstfeld

         p. Merle and Michael Fajans

         q. Susan Levine and Richard Hill

         r. Scott Spear

         s. Diane Bernbaum, Director, Midrasha

         t. Arthur S. Goldman

         u. Abby Alkon

         v. Jonathan Leonard

         w. Pam and Mike Crane

         x. Margaret R. Karp, MD

         y. John G. Rosenberg, MD, MPH, Diane Gerstler, L.C.S.W.,

         z. Leigh Marymor, Co‑Chair, Bay Area Rock Art Research Association

                    aa. Barbara and Steven Segal

                    bb. Niloufar & Jahandar Yadegar

                    cc. Susan and Jeffrey Brand

                    dd. Nancy Tieburg

                    ee. Diane A. Tokugawa

                    ff. Joan Bradus and Dale Friedman

                    gg. David Theis and Sarah Royce, Ann Martin Children's Center.

                    hh. Laura Goldman and Jacob Ofman.

                    ii.   Caroline D. Avery and Jon S. Tigar

                    jj.   Michael Edwards

                    kk. LaVonne D. Niccolls, First Presbyterian Church of Berkeley

                    ll.   Carol Connolly

                   mm.Ruth L. Jennings

                    nn.  Carol Vertel

                    oo.  Mary Ann Leff

                    pp.  Vivian Clayton

                    qq.  Sandra Blair

                    rr.   Jacalyn Mahler

                    ss.  Eileen Van Soelen

                    tt.   Bob Mackay

                    uu.  Howard Pollick, Linda Strean and Family

                    vv.  Camilla Sutter

                    ww. Juan, Elizabeth and Sofia Espinoza

                    xx.  Tamara J. Uecker and Christopher C. Ohman

                    yy.  Gloria Frym

                    zz.  Jonathan Polland

                           aaa. Linda Press Wulf and Dr. Stanley Wulf

 7.    Edward L. Bennett, Citizens for the Eastshore State Park, re Berkeley Waterfront Plan

 8.    Dianne Feinstein, United States Senator, re acknowledgement of Council letter about ban of the chlorpyrifos pesticide.

 9.    Re:  2700 San Pablo Avenue

         a.  Howie and Connie Muir

         b.  Rosemary Vimont

         c.  Rosemary Vimont

         d.  Howie and Connie Muir

10.    Charlie Oh, Karen Hipkins, George Bibbins, re 2472-2478 Virginia Street.

 11.  Lic. Leonor Ortiz Monasterio, Palacio National, Mexico, re acknowledging letter from Council
        about safety and security of foreign observers, tourists and indigenous groups in Chiapas,
         Mexico.

12.   Elizabeth DuVal, re General Plan.

13.  Wendy Martin, two letters re customer services.

14.   Sanne DeWitt, re vandalism at Fairlawn and Columbia Circle.

 15.  Sanne DeWitt, re cars at Fairlawn and Columbia Circle.

 16.  Barbara Lee, U.S. Congresswoman, re acknowledgement of Council letter concerning 
        organophosphate pesticides.

 17.  Barbara Lee, U.S. Congresswoman, re acknowledgement of Council letter concerning
        Downed Animals Protection Act.

18.  Mildred Williamson, re public agency retirement
       pension increase.

19.  Marilyn Schaff, Deputy Director/Chief Counsel, Department of Motor Vehicles,
        reacknowledgment of Council letter to Governor concerning Dare v. State of California
        Department of Motor Vehicles.

20.  Ann Kantor, Quilts Group, re historical quilt
       for Berkeley.

 21.  Committee of Concerned Seniors Who Love Bingo and Want to Keep the Games Fair, Ethical
         and Honest,  re: Gilman Street Bingo Hall.

 22.  Charles L. Smith, re Rocky Road article of August 11, East Bay Express.

 23.  Honorable Barbara Lee, Congresswoman, re response to Council letter concerning HR40.

 24.  Philip Armstrong, Federal Facilities Coordinator, Superfund Site Assessment Program, U.S.
         Environmental Protection Agency, re: Lawrence Berkeley National Laboratory.

 25.  Robert Branstad, Manager, Berkeley Asphalt Company, response to letter
        of July17,2000 by Vivian Kahn, Acting Deputy Director of Planning, and letter of June 5, 2000
         by Linda R. Brownstein.

 26.  Mayor pro tem David Truax, re:  The Body of Christ in 2000 meeting
        on September 6.

 27.  Edward J. Denton, AIA, Vice Chancellor-Capital Projects, University of California Berkeley,
         re:  Seismic placement Building (SRB 1) at the Oxford Tract.

 28.  Patrick Kennedy, re:  Urbanism.

 29.  Gene Bernardi, Committee to Minimize Toxic Waste, re:  Melvin Calvin and
         Donner Labs and the Life Sciences Facility at the Berkeley Aquatic Park.

 30.  Kenneth Sarachan, re: relocation of Wooley House at 2509 Haste Street.

 31.  Miguel Mayzes, re: 2645 San Pablo Avenue.

32.   Patrick Kennedy, Panoramic Interests, re:  lack of space in Bay Area.

33.   Gene Bernardi, Committee to Minimize Toxic Waste, re:  appeal of DTSC’s
         approval of LBNL's request for Class I and Class II modifications.

 34.   Anne Marselis, re:  2732 College Avenue.

 35.   James Lissner, Manhattan Beach, re:  charges for Xeroxes of documents.

 36.   Ella Wiley, President, Board of Directors, Black Repertory Group, 3201 Adeline St.

 37.   Patrick Kennedy, Panoramic Interests, re: housing crisis.

 Adjournment


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