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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, OCTOBER 10, 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.

 

            Recognition of Dragon Boat Team.

            Proclamation - Breast Cancer Awareness Month

            Proclamation - Indigenous Peoples Day

 

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 Council meetings of:  a) September 12, 2000 (special closed); b) September 12, 2000 (regular); c) September 19, 2000 (regular); d) September 26, 2000 (special closed) and e) September 26, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

 

3.         East Bay Municipal Utility District Permit to Connect to Sanitary Sewer (first reading vote:  unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance adding Section 17.16.020 to the Berkeley Municipal Code (BMC) to include a reference to the existing authority under East Bay Municipal Utility District (EBMUD) Ordinance 311 which requires businesses and industries to obtain a permit from EBMUD prior to connecting to the sanitary sewer for all such entities located in the City of Berkeley.

            Contact:  Rene Cardinaux, Public Works, 665-3460

 

4.         Updated Conflict of Interest Code

            From:  City Manager

Recommendation:  Adopt a Resolution adopting a revised Conflict of Interest Code for the City and rescinding Resolution No. 60,306-N.S. (1999 Conflict of Interest Code.)

Contact:  Sherry Kelly, City Clerk, 644-6480

 

5.         Contract:  Furniture Move into the New Public Safety  Building

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Cor-O-Van to provide moving services for the Public Safety Building, in an amount not to exceed $59,230.

Contact:  Rene Cardinaux, Public Works, 665-3460

 

6.         Communications Tower Study

            From:  City Manager

Recommendation:  Adopt a Resolution approving the procedures which include 1) citizen involvement in the establishment of the consultant's scope of work, the requests for qualification (RFQ) criteria, the selection of the consultant, and the review of the consultant's final report; 2) authorizing the City Manager to proceed with the preparation of the RFQ; and 3) directing the City Manager report back to Council with the RFQ document prior to issuance. 

Contact:  Rene Cardinaux, Public Works, 665-3460

 

7.         Cable Television Rates and Charges

            From:  City Manager

Recommendation:  Adopt a Resolution taking no action on the cable television rates that AT&T Cable Services can charge for the Basic Service Tier and equipment and installation, effective June 1, 2000.

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

 

8.         Contracts:  HIV Prevention and Education

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with the Berkeley Public Education Foundation, the California Prevention and Education Project, Catholic Charities, the Pacific Center for Human Growth and the Women's Daytime Drop-in Center, in amounts not to exceed $24,900, $23,500, $12,000, $23,500 and $24,930, respectively, for HIV prevention and education services for the period July 1, 2000 to June 30, 2001.

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

 

9.         Grant:  Breastfeeding Program Expansion

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $500,000 from the California Endowment, CommunitiesFirst program, to expand the City of Berkeley Breastfeeding Peer Counselor program for the period October 1, 2000 through September 30, 2003, and to execute the resultant agreement and any amendments.

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

   

10.       Contract:  Food Services for Tuolumne Family Camp

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with SYSCO Food Services, Inc., for the provision of food services to the Tuolumne Family Camp, to increase the amount by $40,000 for a total not to exceed $215,00.

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

 

11.       Grants and Contract:  Sustainable Building

            From:  City Manager

Recommendation:  Adopt two Resolutions: 1) authorizing the City Manager to submit grant applications to the California Integrated Waste Management Board for all available grants under the California Integrated Waste Management Act and to execute any resultant agreements, amendments, contracts and requests for payment; and 2) authorizing the City Manager, upon receipt of sufficient grant funds, to negotiate a scope of services and execute a sole source contract and any amendments with the Green Resource Center, in the amount of $57,025, to provide personalized green building technical assistance for the architectural and building communities within San Francisco, Oakland and Berkeley.

Contact:  Bill Lambert, Economic Development, 705-8180

 

12.       Agreement:  Hazardous Materials Emergency Planning Grant

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept and appropriate grant funds in the amount of $22,995 from the Governor's Office of Emergency Services (OES) to reimburse costs to be incurred by the Toxics Management Division (TMD) of the Planning and Development Department, and other participating departments, for the Comprehensive Emergency Planning and Training Project.

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

 

13.       East Bay Million Family Celebration Day

            From:  Councilmember Breland

Recommendation:  Approved a Proclamation for the East Bay Family Celebration scheduled for October 16, 2000.

Contact:  MargaretBreland, Councilmember District 2, 644-6400; Kriss worthington, Councilmember District 7, 644-6398

 

14.       October "Stop Cancer Where It Starts" Month

            From:  Councilmembers Breland and Worthington

Recommendation:  Adopt a Resolution establishing October as "Stop Cancer Where It Starts" month.

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

 

15.       Accessibility Issues in 2180 Milvia Retrofit

            From:  Councilmember Spring

Recommendation:  Request the City Manager work with a committee of people versed in accessibility issues on the interior of the 2180 Milvia retrofit.

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

 

16.       Business License Tax on Small Property Owners

            From:  Councilmember Spring

Recommendation:  Request the City Manager waive penalties and interest on owner-occupied rental properties of four units and smaller that were not sent business license fee notices by the City in 1998 and 1999.

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

 

17.       Peace and Justice Commission Review of Contracts with  University of California

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution 1) providing that all proposals to contract with entities engaged in work for nuclear weapons, including any contracts between the University of California Berkeley and the City which involve the provision of revenue to the University, and the exchange of services without monetary compensation, except for the nine contracts specifically enumerated in Resolution No. 59,763-N.S., be subject to review by the Peace and Justice Commission, prior to being noticed on any Council agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing the Peace and Justice Commission (a) to provide a rationale to the Council in keeping with the purposes of the Nuclear Free Act for repeated annual review of waivers of the Nuclear Free Berkeley Act for contracts with the University of California; and (b) that Council-approved reviews of waivers occur at least eight weeks prior to the time the contract is submitted to the Council, or at the earliest time when the City Manager becomes aware that actions being proposed will require a waiver of the Nuclear Free Berkeley Act.

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

 

18.       Number Dispensers at the Berkeley Post Offices

            From:  Councilmember Armstrong

Recommendation:  Formally petition the Postal Service to return the number dispensers to the Berkeley post offices so that customers are not forced to stand in long lines while waiting for service.

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

 

19.       Move Public Comment to Beginning of Agenda

            From:  Councilmember Worthington

Recommendation:  Modify the Rules and Procedures for City Council to move the thirty minutes of public comment before ceremonial items and comments from City Manager to the beginning of the Council agenda.

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

 

20.       National Coming Out Day October 11, 2000

            From:  Councilmember Worthington

Recommendation:  Support a Proclamation for National Coming Out Day on October 11, 2000 in Berkeley.

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

 

21.       Proclamation Honoring Congressman Ronald V.            Dellums

            From:  Mayor Dean

Recommendation:  Approve a Proclamation honoring Congressman Ronald V. Dellums, to be presented by the Mayor at the October 25 dedication of the Ronald V. Dellums Federal Building in Oakland.

Contact:  Shirley Dean, Mayor, 644-6484  

22.       Proclamation - Domestic Violence Awareness Month

            From:  Mayor Dean

Recommendation:  Approve presentation of a proclamation on Domestic Violence Awareness Month at the October 17 Council meeting which is a public hearing meeting.

Contact:  Shirley Dean, Mayor, 644-6484

 

23.       Animal Care and Control

            From:  Mayor Dean

Recommendation:  1) Approve a communication from the City of Berkeley to the Commission on State Mandates supporting a ruling in their procedure CSM 98-TC-11 that the Hayden legislation, which attempt to end the euthanasia of adoptable and treatable animals, constitutes a state mandated reimbursable program and service; 2) approve attendance at the proposed October 26, 2000 public hearing on this subject to present the approved City position by one or more representatives from the Council who serve on the Animal Care and Control Task Force (Dean, Olds, Spring); and 3) request the City Manager provide the City financial data necessary to support the City's communication to CSM, and also follow up on these hearings and position the City so as to obtain all possible reimbursement.

Contact:  Shirley Dean, Mayor, 644-6484

 

24.       Vindictive, Discriminatory, Sexist and Racist Prosecutions

            From:  Councilmember Woolley

Recommendation:  Adopt a Resolution: a) requesting the U.S. Attorney General and all officers of the U.S. courts discontinue: 1) all forms of racial, sexist, political and religious profiling in US law enforcement; 2) all forms of "secret evidence" prosecutions, in which accused are deported or held indefinitely, without charge, on the basis of evidence withheld from the defendants, their attorneys and the public; 3) all uses of conspiracy charges in political cases; b) request the Los Angeles District Attorney drop all charges against Sara Jane Olson and request the Governor of the State of California grant her a pardon; and c) urge our national elected representatives and the Congress of the United States to pass the pending legislation, H.R. 2121 and S. 3139 that would end the use of secret evidence in deportation proceedings.

Contact: Diane Woolley, Councilmember District 5, 644-6294

 

25.       Sanitary Sewer Program                     
            From:  Councilmember Woolley

Recommendation:  Review and evaluate the City's current Sanitary Sewer Program and solicit recommendations and possible courses of action from the Public Works and Budget Commissions in order to be conversant with the state of Berkeley's sewer system for future budgeting, planning and priority setting: 1) Request the Public Works Commission review the current Sanitary Sewer Program and its Master Plan and report back to Council with: a) presentation on the City's Sanitary Sewer Program, including that portion of the program mandated by the Federal Environmental Protection Agency under a cease and desist order, b) recommendations on how to update the Sewer Master Plan, and c) possible financial strategies for the Plan's implementation; and 2) Request the Citizens Budget Review Commission to: a) investigate and report back on the use of Sewer Funds loaned to the General Fund, and b) recommend the amount of General Fund to be repaid to the Sewer Fund.

Contact: Diane Woolley, Councilmember District 5, 644-6294

 

Action Calendar

 

Appeals:

 

26.       Appeal of Landmarks Preservation Commission Designation of 1960 San Antonio Road, 1984 San Antonio Road and 639 The Arlington, John Hopkins Spring Estate or the Cora Williams Institute, as a Landmark.

            a.            Appeal filed by Larry Leon, 1960 San Antonio Avenue.

            b.            City Manager Report (to be delivered)

            Recommendation:  Adopt a Resolution affirming the decision of the Landmarks Preservation Commission and dismissing the appeal.

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

            c.            Communications

            1.  Larry Leon.

            Contact:  Sherry M. Kelly, City Clerk, 644-6480

  

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny 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)) an application 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 an application, 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.

 

   

Old Business:

Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included.  However, new material has been noted with an *.

 

27.       Assistance to East Bay Depot for Creative Reuse (held over by Councilmember Maio from September 26)

            From:  Councilmember Maio

Recommendation:  Direct the City Manager to provide assistance to the East Bay Depot for Creative Reuse, on an emergency basis, in the form of a rent guarantee, and develop the appropriate agreement between the City and the Depot to ensure the City is at no risk.

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

 

28.       Support Measure E – Peralta Community College District Bond Measure (removed from the Consent Calendar by Councilmember Shirek and held over from September 19 and September 26)

            From:  Councilmembers Worthington and Spring

Recommendation:  Support Measure E which is on the November ballot contingent upon Peralta Community College District enforceable written commitment to the City of Berkeley to insure completion of a permanent Vista Community College campus.

Contacts:  Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

 

29.        Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed from the Consent Calendar by Councilmember Armstrong and held over from July 11, July 25, September 12.)

            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

            a.            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

 

Information Reports

 

30.       Energy Services for Small Commercial Businesses

            From:  City Manager

            Contact:  Stephen Barton, Housing, 665-3481

   

31.       Disaster Resistant Community Project Update

            From:  City Manager

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

 

32.       Status Report:  Downtown Restrooms and Strawberry Creek Projects

(CR 2000-179)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 665-3460

 

33.       Request from Skates-on-the-Bay for Waiver from Provisions of the Living Wage Ordinance

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

 

34.       Measure W - Parks Tax Information (CR 2000-178)

            From:  City Manager

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

 

35.       Early Voting – October 10h Through November 3rd

            From:  City Manager

            Contact:  Sherry M. 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.

 

COMMUNICATIONS

 

1)      Re: Relocation of Congregation Beth El at 1301 Oxford St., Berkeley.

a)      Mary Ann Brewin

b)   Forward by Diane A. Tokugawa: Ann L. Riley, Executive Director, Waterways Restoration Institute; Carol Thornton, Chair, Board of Directors, Lisa Biani, Outreach Coordinator, Urban Creeks Council of California; Bill Kier, Fisheries Ecologist, Kier Associates; Patrick Rutten, Northern California Supervisor, Protected Resources Division, U.S. Department of Commerce, national Oceanic and Atmospheric Administration, Nation Marine Fisheries Service; Robert W. Floerke, Regional Manager, Central Coast Region, Department of Fish and Game; Karl Linn; the Live Oak Codornices Creek neighborhood Association, (c/o Juliet Lamont)

c)      Sarah Stadler

d)      Charlotte Fishman

 

2)      Leslie A. Levy, re: abandonment of portion of Woodmont Avenue

 

3)      Lark Tittle, General Manager, Skates, re: Proposed amendment to living wage ordinance

 

4)      Anne Marsalis re: care of the grounds at Saint John’s Presbyterian Church, 2727 College Ave., Berkeley

 

5)      Anne Marsalis re: Recycling on College Avenue

 

6)      Anne Marsalis re: “Don’s Auto Clinic”, College Avenue @ Parker Street

 

7)      Panoramic Interests, re: Housing for the disabled

 

8)      Berkeley Business Advocate article, published by Berkeley Chamber of Commerce, re: ‘Parisian style’ solution to housing crisis

 

9)      HuangK, re: Measure Y

 

10)  Georgia Becker, re: Undergrounding

 

11)  James Lissner, re: Cost of copies of police reports

 

12)  D. Sequoia, re: Proposed update of Berkeley Conflict of Interest; inclusion of Citizens Humane Commission

 

13)  Patrick Kennedy, re: ‘Parisian style’ solution to housing crisis

 

14)  Marcine Shaw, League of California Cities, President African American Caucus, re: Membership outreach

 

15)  Petition signed by 18 members of Hotel Employees & Restaurant Employees Union Local 2850, AFL-CIO, re: Living Wage to the Marina Zone

 

16)  Moises M. Carrasco, Regional Director, Seattle Regional Census Center, re: Census addresses

 

17) John Vance (additional pages available for review in the City Clerk’s office).

 

Adjournments


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.