Home

Elected Officials Departments and Services

Calendar & Local Links

Search

E-Mail

City of Berkeley Logo

City Council
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

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.

Boards and Commissions

City Charter City Council Conflict of Interest

Domestic Partnership

Election Information

Records Online

Municipal Code & Zoning Ordinance

City Council
City Clerk
Ballot Measures
BERA
Campaign Info
Candidate Info
Commissions
Election Info
Records Online
Redistricting
Related Links
Downloads



BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JANUARY 11, 2000   

SUMMARY

Preliminary Matters

 Roll Call: 7:02 p.m.  Councilmembers Armstrong and Woolley absent.

Ceremonial Matters:

Resolution in Appreciation for the Berkeley Public Library Foundation.

Action:  Presented Resolution.

Comments from the City Manager:   None

Comments from the Public:   Eleven speakers.

Youth Forum:   No speakers.

Consent Calendar

Action:  Moved, seconded, carried (Breland/Spring; Absent - Armstrong and Woolley) to adopt the Consent Calendar in one motion except as indicated.

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
Action: 
Adopted Resolution No. 60,359-N.S.

 

2.        Minutes for Approval

From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) November 3, 1999 (closed);  b) December 7, 1999 (closed); c) December 7, 1999 (regular); d) December 14, 1999 (closed); and e) December 14, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: 
Approved minutes.  (Abstain - Olds on b, c, d and e; Dean on d and e).

3.                  Ordinances for Second Reading
a.        
Amending Berkeley Municipal Code (BMC) Section 6.32.020, Park Hours, to allow for Weather-related Park Closure.
Action:  Adopted second reading of Ordinance No. 6524-N.S.   Effective:  February 10, 2000.
b.        
Amending Berkeley Municipal Code (BMC) Title 23, Zoning, by amending Section 23E.68.030A, adding Section 23E.68.040 and subsection F to Section 23E.69.090, to establish Arts District Overlay and Regulations for Carry-out Food Stores, Quick Service Restaurants and Ground Floor Uses within the Arts District.
Contact:  Sherry M. Kelly, City Clerk, 644-6480
Action: 
Adopted second reading of Ordinance No. 6525-N.S.  Effective:  February 10,
10, 2000  

4.                  Confirming Actions Taken by the City Manager During Winter Recess:
Settlement:  Geraldine Alpert vs. City of Berkeley
Recommendation: 
Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 802334-8 entitled Geraldine Alpert vs. City of Berkeley in the amount of $11,000.Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,360-N.S.

5.         Establish Principal Planner Class and Salary
From:  City Manager
Recommendation:
  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification/Salary Resolution for Local One Employees, to establish the classification of Principal Planner with a salary range of $5283 to $6028, effective January 1, 2000.
Contact:  Ronald Brown, Personnel, 644-6951
Action: 
Adopted Resolution No. 60,361-N.S.

6.         Modify Benefits for Deputy Police Chief Classification
From:  City Manager
Recommendation:
  Adopt a Resolution amending Personnel Rules and Regulations, Resolution No. 57,901-N.S., to provide the Deputy Police Chief Classification with the same sick leave accrual, sick leave payout and retiree health benefits as are available to employees in Unit E (represented sworn police management classifications).
Contact:  Ronald Brown, Personnel, 644-6951
Action:  Adopted Resolution No. 60,362-N.S.

7.        Contract Amendment:  Harassment Prevention Training
From:  City Manager
Recommendation:
  Adopt a Resolution authorizing the City Manager to amend the contract  with Crawley Consulting by increasing the amount $2500 for a total not to exceed $27,000 to provide additional harassment prevention training for City employees during the third quarter of FY 2000.
Contact:  Ronald Brown, Personnel, 644-6951
Action: 
Adopted Resolution No. 60,363-N.S.   

8.         Health and Dental Insurance Rate Increase
From:  City Manager
Recommendation:
  Adopt three Resolutions authorizing health and dental rate increases for the Kaiser Foundation Health Plan, Health Net Health Plan and Delta Dental Plan, for City employees effective January 1, 2000.
Contact:  Ronald Brown, Personnel, 644-6951
Action:  Adopted Resolution No. 60,364-N.S., Resolution No. 60,365-N.S. and Resolution No. 60,366-N.S.

9.         New Memorandum Agreement with the International Brotherhood of Electrical Workers Local 1245
From:  City Manager
Recommendation: 
Adopt two Resolutions:  1) approving a new five year Memorandum of Understanding (MOU) with the International Brotherhood of Electrical Workers (IBEW) Local 1245 with a term of June 29, 1997 through July 6, 2002; authorizing the City Manager to execute and implement the new labor agreement that includes certain adjustments to benefits retroactive to January 1, 2000; and 2) approving a new salary resolution for Representation Unit C that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 58,371-N.S.Contact:  Ronald Brown, Personnel, 644-6951
Action:  Adopted Resolution No. 60,367-N.S. and Resolution No. 60,368-N.S.

10.       Grant Application:  Sustainable Building Grant
From:  City Manager
Recommendation: 
Adopt two Resolutions: 1) authorizing the submission of an application to the California Integrated Waste Management Board (CIWMB) for a Sustainable Building Grant in the amount of $45,000 and authorizing the City Manager to execute resultant agreement and amendments; and 2) authorizing the City Manager to execute an agreement and any amendments with Sustainable Business Alliance: Berkeley in the amount of $28,200 to provide workshops for target groups in sustainable building and design practices and related services.
Contact: Bill Lambert, Economic Development, 705-8180
Action:  Adopted Resolution No. 60,369-N.S. and Resolution No. 60,370-N.S.

11.       General Plan Revision (CR 99-104 and 99-152)
From:  City Manager
Recommendation:
  Adopt a Resolution endorsing the Planning Commission's General Plan revision schedule and authorizing an additional $6,000 in funds to support the Commission's General Plan revision schedule through the end of this Fiscal Year.
Contact: Wendy Cosin, Planning and Development, 705-8105
Action: 
Adopted Resolution No. 60,371-N.S.

12.        Contract: Moving Back to Civic Center Building
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract  and any amendments with RANEY Unlimited for consulting and project management services for the move back into the Civic Center Building in an amount not to exceed $53,915.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:  Adopted Resolution No. 60,372-N.S.

13.        Expenditure Authority for Seismic Upgrade and Renovation of Civic Center Building
From:  City Manager
Recommendation:
  Adopt a Resolution increasing the expenditure authority for the City Manager in an amount not to exceed $20,000,000 for the design and construction of the physical improvements and any incidental equipment and services related to the seismic upgrade and renovation of the Martin Luther King Jr. Civic Center Building.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:  Adopted Resolution No. 60,373-N.S.

14.         Senior and Disabled Housing Rehabilitation Loan Program
From:  City Manager
Recommendation:
  Adopt a Resolution amending Resolution No. 57,486-N.S. to revise guidelines for the Senior and Disabled Rehabilitation Loan Program and allocating funds in the amount of $75,000 in FY 2000 and $75,000 in FY 2001, from the $150,000 set aside by Council over the two-year budget period.
Contact:  Stephen Barton, Housing, 644-6001
Action:  Adopted Resolution No. 60,374-N.S.

15.         All-Way Stop Sign at 6th Street and Dwight Way
From:  City Manager
Recommendation:
  Adopt a Resolution authorizing the City Manager to install an all-way stop sign control at the intersection of 6th Street and Dwight Way.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: 
Adopted Resolution No. 60,375-N.S.

16.         Taxi Stand on Center Street
From:  City Manager
Recommendation:
  Adopt a Resolution amending Resolution No. 58,489-N.S. by adding a taxi stand on the south side of Center Street west of Shattuck Avenue.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: 
Adopted Resolution No. 60,376-N.S. amended by Mayor Dean to approve adding the taxi stand on Center Street and requesting the City Manager come back with a report on possible removal of the stand on Shattuck near Cedar Street.

17.        Contract Amendment:  Equipment Maintenance Building Seismic Retrofit
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing an amendment to the contract with BRCO Constructors, Inc., to increase the total contract amount for construction of the seismic retrofit of the Equipment Maintenance Building by $25,000 for a new total amount of $784,110 for additional safety improvements and essential repairs to electrical and mechanical systems beyond the basic contract scope.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: 
Adopted Resolution No. 60,377-N.S.

18.          Contract:  Claremont Branch Library Renovations
From:  City Manager
Recommendation: 
  Adopt a Resolution approving plans and specifications for the Claremont Branch Library Renovations Project located at 2940 Benvenue Avenue; accepting the bid of Younger-Wunar Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $116,252 for a period of 72 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action:   Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Worthington/Olds; Absent – Armstrong, Woolley) to adopt Resolution No. 60,378-N.S. amended, per agreement between City and Library staff and an adjacent homeowner, to: 1) require the library to construct a six foot wood fence extending from the existing fence to the sidewalk with the design matching the existing fence and gate; 2) the fence to be built abutting the property line on the library side of the property line; and 3) and the construction to include a floor drain to divert surface water from the ramp to the street.

19.         Feasibility of After-Hours Building Inspections (CR 99-085)
From:  City Manager
Recommendation: 
Approve the establishment of a pilot program to evaluate the feasibility of after-hours building inspections in the Planning and Development Department.
Contact: Wendy Cosin, Planning and Development, 705-8105
Action:  Approved recommendation.

20.         Warm Water Pool
From:  Councilmember Olds
Recommendation: 
Request an oral report from the City Manager on the status of repairs to the Warm Water Pool at Berkeley High School and a time line for the expected completion of the project.
Contact:  Susan Wengraf, Legislative Aide, 644-6399
Action: 
Approved recommendation.   Report scheduled for January 25, 2000.

21.        Survey of West and South West Berkeley Residents Dying Younger
From:  Councilmember Breland and Vice Mayor Shirek
Recommendation: 
Request that the City Manager work with the City of Berkeley Health Department on their report regarding residents in the hill area living 10-20 years longer than the residents in West and South West Berkeley.
Contact:  Councilmember Margaret Breland, District 2, 644-6400 and Vice Mayor Maudelle Shirek, District 3, 644-6243
Action: 
Approved recommendation and requested that Bayer Corporation and “Over 60” be included in working with the Health Department on this issue.         

22.        Berkeley Adult School and Martin Luther King, Jr. Middle School
From:  Councilmember Breland and Vice Mayor Shirek
Recommendation: 
Request the City Manager work with the Berkeley Unified School District (BUSD) to see that the Berkeley Adult School remains at the present location without disruption.  Report on status in sixty days.
Contact:  Councilmember Margaret Breland, District 2, 644-6400 and Vice Mayor Maudelle Shirek, District 3, 644-6243
Actions:  Removed from the Consent Calendar by Mayor Dean.  Recommendation revised by Councilmember Breland to request the Manager work with the School District to see that any arrangements made to relocate King Middle School students during the seismic rehab of the King site result in minimum disruption to the King School students and those at other school sites.

Moved, seconded, carried (Worthington/Shirek; Noes – Olds; Abstain – Dean; Absent – Armstrong, Woolley) to approve the revised recommendation.

Moved, seconded, carried (Worthington/Shirek; Absent – Armstrong, Woolley) to in addition refer this matter to the 2X2 Committee.

23.         Survey on the Amount of Jobs Given to Berkeley Residents
From:  Councilmembers Breland and Worthington
Recommendation: 
Refer to the City Manager a request to survey and report on how many jobs have been given to the residents of Berkeley and how many businesses were given contracts in Berkeley.  Report to Council in six months.
Contact:  Councilmember Margaret Breland, District 2, 644-6400 and Councilmember Kriss Worthington, District 7, 644-6398.
Action: 
Approved recommendation. 

24.         Appreciation for the Berkeley Public Library Foundation
From:  Vice Mayor Shirek
Recommendation: 
Adopt a Resolution expressing appreciation for the Berkeley Public Library Foundation.
Contact:  Vice Mayor Maudelle Shirek, Councilmember District 3, 644-6243

Action:  Removed from the Consent Calendar by Vice Mayor Shirek in order to take the matter up and present the resolution.  Moved, second, carried (Spring/Maio; Absent - Armstrong, Woolley) to adopt Resolution No. 60,379-N.S.

25.         HIV-AIDS Drugs – International Public Health Concerns
From:  Vice Mayor Shirek
Recommendation: 
Adopt a Resolution urging the World Trade Organization (WTO) to eliminate barriers which prevent third-world countries from obtaining affordable life saving HIV-AIDS drugs; and further urging the United States Federal government, as a member of WTO, to cease its bilateral attempts to discourage developing countries from using compulsory licensing and parallel importing to address vital public health concerns.
Contact:  Vice Mayor Maudelle Shirek, Councilmember District 3, 644-6243
Action: 
Adopted Resolution No. 60,380-N.S.

26.         Continuity of Patient Care Upon Hospitalization
From:  Mayor Dean
Recommendation: 
Adopt a Resolution declaring Berkeley's support for maintaining the primary physician-patient relationship and continuity of care and directing the City Clerk forward a copy to ABMA Medical Corp. and Alta Senior Care (PODS Medical Group).
Contact:  Barbara Gilbert, Mayor's Office, 644-6484
Action: 
Adopted Resolution No. 60,381-N.S.

27.         Animal Care and Control Task Force Final Report
From:  Mayor Dean
Recommendation: 
Amend the rules for January 18, 2000 meeting to receive, discuss and take action on the final report of the Animal Care and Control Task Force.
Contact:  Jennifer Drapeau, Mayor's Chief of Staff, 644-6484
Action: 
Withdrawn by Mayor Dean.  Task Force recommendation to be presented on February 8, 2000. 

28.        United States Conference of Mayors Petition to End Hunger in America
From:  Mayor Dean
Recommendation: 
Endorse the efforts of the Mayor's Office to begin an "End Hunger in America" petition drive, which is being sponsored by the U.S. Conference of Mayors, and offers the possibility of the City winning $5,000 or $1,000 to support local hunger programs.
Contact:    Jennifer Drapeau, Mayor's Chief of Staff, 644-6484
Action: 
Approved recommendation.

29.        Regional Housing Needs Determination 1999-2006
From:  Mayor Dean
Recommendation: 
Refer the report from the Association of Bay Area Governments for review to the City Manager and Commissions and report back to the Council on February 22, 2000.
Contact: Jennifer Drapeau, Mayor's Chief of Staff, 644-6484
Action: 
Approved recommendation.

30.         Bus Shelters
From:  Commission on Aging
Recommendation: 
Direct the Commission on Transportation to consult with the  Commission on Aging in its recommendations to Council regarding bus shelters.
Contact:  Effie Burgess, Secretary, 644-6050
a.         City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Commission.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action: 
Approved recommendation.

31.        Seniors and Drug Prices
From:  Commission on Aging
Recommendation: 
Send a letter to representative Barbara Lee, Senators Barbara Boxer and Dianne Feinstein as well as the Secretary of Health and Human Services urging them either to add prescription benefits to Medicare, or to subsidize in some way, perhaps through reduced premiums, these heavy costs.
Contact:  Effie Burgess, Secretary, 644-6050
a.         City Manager Report
Recommendation:
The City Manager takes no position on this subject.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action: 
Approved recommendation.

32.         Representation on the Service Review and Advisory Committee
From:  Commission on Aging
Recommendation: 
Send a letter to the presidents of AC Transit and BART urging that the number of representatives on the Service Review Advisory Committee of the East Bay Paratransit Consortium be increased and be specifically designated as a senior representative and recruited from the senior community.
Contact:  Effie Burgess, Secretary, 644-6050
a.         City Manager Report
Recommendation:
The City Manager takes no position on this subject.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action: 
Approved recommendation.

33.        Oppressive States List
From:  Peace and Justice Commission
Recommendation:
  Adopt a Resolution amending Appendix A of Resolution No. 59,853-N.S. to remove the Federal Republic of Nigeria, and the Republic of Indonesia from the Oppressive States List.
Contact:  Manuel Hector, Secretary, 644-6459
a.         City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action: 
Adopted Resolution No. 60,382-N.S.

34.        Oppose Proposition 21, Gang Violence and Youth Crime Prevention Initiative
From:  Police Review Commission
Recommendation: 
Adopt a Resolution opposing Proposition 21, former Governor Pete Wilson's "Gang Violence and Youth Crime Prevention Initiative."
Contact:  Barbara Attard, Police Review Commission, 644-6716
City Manager Report
Recommendation: 
The City Manager concurs with the content and recommendations of the Commission.
Contact:  Barbara Attard, Police Review Commission, 644-6716
Action: 
Adopted Resolution No. 60,383-N.S.

Action Calendar

Appeals:

35.       Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road (continued from December 7, 1999)
a.         Appeal filed by Ben White and Sharon F. Landes
, from the decision of the Zoning Adjustments Board which approved a Use Permit with findings and conditions for the property located at 37 Mosswood Road, to allow a second dwelling where only a single residential dwelling is allowed, and to allow this unit without providing additional parking where each dwelling is required to provide one parking space per 1,000 square feet of gross floor area with a minimum of two spaces.
Contact:  Sherry M. Kelly, City Clerk, 644-6480
b.         City Manager Report dated December 7, 1999

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c.         City Manager Report dated December 7, 1999
Recommendation:
  Continues this item to January 11, 2000 in order to allow staff to address the issues presented in the appellants' letter of November 24, 1999.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
d.        
City Manager Report dated January 11, 2000
Recommendation: 
Adopt a Resolution denying the appeal and upholding the Zoning Adjustments Board decision to approve variances to legalize an additional dwelling unit and to allow such unit when the required parking is not provided because the appellant has not raised valid grounds to overturn the Board's decision.
Contact:  Elizabeth Epstein, Planning and Development, 705-8105
e.
         Communications from:
1.         Ann Reid Slaby, Ph.D, Attorney at Law (2 letters)
2.         Ina Cooper
3.         Ben White and Sharon Landes, appellants
4.         Janice Thomas, applicant
5.            Fredrica Drotos
6.         Janice Thomas
7.         Robert Brown; Carroll B. Williams; Fredrica Drotos; Ernest Sotelo; Phoebe Salmitz; Jeanne Allen; Anne Foster Grant.
8.         Michael Kelly
9.         Rena Rickles
10.       Richard Murphy
11.       Ben W. White and Sharon F. Landes
12.       Janice Thomas
13.       Rena Rickles
Contact:  Sherry M. Kelly, City Clerk, 644-6480

Action:  Moved, seconded, carried (Worthington/Maio; Absent - Armstrong, Woolley) to schedule the matter for public hearing on February 8, 2000.

36.       Appeals of Landmarks Preservation Commission's Adoption of a Mitigated Negative Declaration for Martin Luther King Jr. Civic Center Park
a.         Appeal filed by Susan Cerny, Jerri Holan, and Linda Perry; and
b.         Appeal filed by Jerri Holan and Linda Perry, Friends of Civic Center Park,
of the Landmarks Preservation Commission decision of November 1, 1999 which adopted a Mitigated Negative Declaration for Martin Luther King Jr. Civic Center Park (area bounded by Center, Milvia, Allston and Martin Luther King Jr. Way), with the condition that the method of monitoring each mitigation shall be the responsibility of the Landmarks Preservation Commission and that any alteration to the Park shall be submitted to the Commission for approval.
Contact:  Sherry M. Kelly, City Clerk, 644-6480
c.         City Manager Report (to be delivered)
Action: 
Held over by the City Manager to a future meeting.  Requested City Manager to include responses to questions by Susan Cerny in her report.

Old Business:

37.        Decision regarding Cable Television Rates and Charges for Basic Service Tier, Equipment and Installation (held over from November 2nd and December 7th meetings)
From:  City Manager (reports dated October 19 and October 27, 1999)
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a Rate Order for the City establishing the maximum permitted cable television rates that AT&T Cable Services can charge for the Basic Service Tier, equipment and installation, effective June 1, 1999.
a.         City Manager Supplemental Report dated January 11, 2000
Recommendation:  Adopt a Resolution 1) setting the maximum permitted rate that AT&T Cable Services can charge for Basic Cable Services at $10.25 per month, or 2 setting the maximum permitted rate that AT&T Cable Services can charge for Basic Cable Services at $10.04 per month and refer $5,000 to cover legal costs for an FCC appeal to the Mid-Year Budget Review; and 3) authorize the City Manager to execute a Rate Order of the City of Berkeley establishing the maximum permitted cable television rates that AT&T Cable Services can charge for equipment and installation effective June 1, 1999.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

Action:  Moved to Consent Calendar by Mayor Dean approving items 1 and 3 of the January 11, 2000 recommendation and adopting Resolution No. 60,384-N.S. and Resolution No. 60,385-N.S.  (Noes - Worthington; Abstain - Spring; Absent - Armstrong and Woolley)

38.        Measure G Projects - Saltwater Fire Fighting System (held over from December 7th meeting)
From:  City Manager
Recommendation: 
Direct the City Manager to: a) Terminate work on the salt water fire fighting system; b) Terminate work on the cistern project; c) Proceed with the necessary actions to purchase the Cragmont water storage tank from EBMUD, and secure access to water contained in existing EBMUD tanks and reservoirs; and d) Endorse plan to provide city-wide fire fighting capabilities by seeking financing alternatives.
Contact:  Reginald Garcia, Fire Chief, 644-6665
a.            Citizens Budget Review Commission
Recommendation:  That the current shortfall in project funding is not insurmountable.  However, the Citizens Budget Review Commission (CBRC) cannot recommend that the Council make-up the funding shortfall for the Saltwater System at this time.  The CBRC recommends instead that the City develop a comprehensive city-wide fire protection plan and, subsequently, develop a funding plan which takes into consideration available Measure G Bond funds, and report such plan back to Council as appropriate.
Contact:  Phil Kamlarz, Secretary, 644-6580

Action:  Moved, seconded, carried (Maio/Spring; Absent - Armstrong, Woolley, Worthington) to 1) approve the commission’s recommendation that the City undertake development of a Citywide Fire Safety Plan; 2) direct the City Manager to report on the status of improvements to the freshwater fire fighting system under the City’s jurisdiction, including completing the work to improve water mains, to make all hydrants compatible with fire fighting equipment of Berkeley and surrounding jurisdictions and to eliminate or minimize fire fighting communications gaps among these jurisdictions; 3) indicate Council’s intention to not terminate work on the salt water fire fighting system and work on the cistern project until the City has an alternative plan in place; and 4) that the Fire Commission is to comment on the plan.

39.         Off-Street Parking Fees (held over from December 14, 1999 meeting by the City Manager) (to be delivered)
From:  City Manager
Recommendation:
  Approve proposed operational changes at off-street parking facilities to manage special event parking, evening parking, and short term parking and direct the City Manager to prepare an evaluation through March 2000.
Contact: Frances David, Finance, 644-6476

Action:  Directed staff to proceed with operational changes to include having Center Street garage users pay for special events parking upon entering the garage rather than when exiting and to provide councilmembers with guidelines related to special events.

40.        Ambient Testing of Air Quality in West Berkeley (held over from December 14, 1999 meeting by Councilmember Maio)
From:  Councilmembers Maio and Breland
Recommendation: Direct the City Manager to develop a scope of work and RFP to measure a relevant universe of toxic and particulate emissions in West Berkeley at several stations to acquire a profile of the pollutants that are affecting the air quality particularly in West Berkeley.  The scope to be reviewed and commented on by the Community Environmental Advisory Commission.
Contact: Linda Maio, Councilmember District 1, 644-6359; Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: 
Moved to Consent Calendar by Councilmember Worthington.

41.         Posting Blighted Properties (removed from Consent by Councilmember Olds and held over from November 2 and 9 meetings)
From:  Housing Advisory Commission
Recommendation:
  Adopt first reading of an Ordinance to add Section 12.92.175 to the Berkeley Municipal Code to allow posting signs on blighted properties informing the public of the property owner's name, address, telephone number, and the nature of code violations found.
Contact:  Oscar Sung, Secretary, 665-3469
a.         City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Commission.
Contact:  Stephen Barton, Housing, 644-6001

Action:  Mayor Dean requested the Ordinance include that this is a "last resort" measure and that it not be applicable to owner-occupied properties.  Held over to future date.

42.         Public Health Trust Funds
From:  City Manager
(held over from December 14 meeting)
Recommendation:
1) Acknowledge the Commission's passionate commitment to Health Services and funding for programs in the City; and 2) Accept the City Manager's Report on Public Health Trust Fund Recommendations, encourage staff and the Commission to hold the commission workshop, and conclude this long and consuming dialogue on realignment funding.
Contact:  Fred Medrano, Health and Human Services, 644-6459
City Manager Supplemental Report
(to be delivered)
Recommendation: 
1) thank the Commission for its passionate commitment to public health; 2) advise the commission that the Council considers the matter of the operation and accounting of public health realignment programs to be a closed matter and asks the Commission to turn its valuable and limited resources to other important public health matters; and 3) advises staff that it need not expend any further resources with the Commission in this regard.
Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Moved, seconded, carried (Maio/Spring; Absent - Armstrong, Woolley) that Council recognizes the considerable efforts both the Commission and staff have made to resolve the issue of the Public Health Trust Funds and related issues; accept the City Manager's report on Public Health Trust Fund recommendations; advise the staff and Commission to close further discussion on the matter of realignment funding and related issues that have consumed their time and effort this past year; and, finally, that the Council expects that the Health Commission will continue to review and make recommendations on Departmental budgets within their purview as do all Commissions.

New Business:

43.          Retaining Taxi Scrip Program
From:  Commission on Aging
Recommendation: 
Retain the Taxi Scrip Program in the Housing Department, and that the  Commission on Aging be a participant in any discussions between the Commission on Disability and City staff regarding the Paratransit Program; and that the Commission be informed of the next meeting between staff and the Commission on Disability concerning departmental relocation of the Paratransit Program.
Contact:  Effie Burgess, Secretary, 644-6050
a.         City Manager Report
Recommendation:   
The issue of re-organizing programs serving the disabled community including the Taxi Scrip Program is currently being addressed by staff and a subcommittee of the Commission on Disability.  Staff will invite the Commission on Aging to participate in the on-going discussions.  Please take no action until these discussions are complete and a report can be submitted for Council consideration.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action: 
Moved to Consent Calendar by Councilmember Worthington to approve City Manager recommendation.

44.        Restoring Funds to Taxi Scrip Budget
From:  Commission on Aging
Recommendation:
  Immediately restore $20,000 to Taxi Scrip Budget.
Contact:  Effie Burgess, Secretary, 644-6050
a.         City Manager Report
Recommendation: 
As a follow-up to the Council's budget discussions on funding for the taxi scrip program, staff has been working on an analysis of the program including the funding issues raised by the Commission on Aging and will be reporting back to Council in conjunction with the mid-year report.  Please take no action until completion of this analysis and a report can be submitted for Council consideration.
Contact:  Fred Medrano, Health and Human Services, 644-6459

Action:  Moved, seconded, carried (Breland/Spring; Absent - Armstrong, Woolley) to hold discussion of the program on February 8, 2000 regarding allocation of the funds, and ask that a representative from the Commissions on Aging and Disability be present.

45.         Policy on Pesticides, Diazinon and Chlorpyrifos (CR 98-37)
From:  Community Health Commission and Community Environmental Advisory Commission
Recommendation:
  1) Encourage and support staff's current involvement with the Alameda County-wide Clean Water Program's (ACCWP) diazinon/chlorpyrifos reduction outreach committee; 2) Commend the Public Works staff's efforts to date which have resulted in the inclusion of Magic Garden in the County's pesticide education pilot program; 3) Implement a comprehensive pesticide educational program as necessary; 4) Designate a member or members to the Urban Pesticide Committee.  Further, that the City be prepared to provide additional resources as appropriate for full participation in this committee and other Bay Area pesticide committees; 5) Consider conducting a survey of retail outlets regarding sales of pest-control products and monitor the levels of diazinon and chlorpyrifos in Berkeley's waterways (if regional, county, or state efforts will not regularly perform these activities); 6) Assess institutional uses of pesticides as a source of pollution in Berkeley given that pesticides are not limited to household use.  Implement partnership programs with local institutions as necessary; 7) Request the evaluation (e.g. risk assessments) of diazinon and chlorpyrifos by the United States Environmental Protection Agency (EPA), California Environmental Protection Agency, San Francisco Regional Water Quality Control Board, California Department of Health Services, and the Alameda County Agricultural Commission.  Of primary concern is the establishment of new guidelines based on toxicity to infants, children, and at-risk populations; and 8) Encourage state and federal representatives to develop revised legislation regarding the regulation of pesticide retail practices and/or sales (as appropriate based on updated assessments.)
Contact:  Verdie Thompson, Secretary, Community Health Commission, 644-6496
City Manager Report
Recommendation: 
There has been insufficient time to consider the implications of the recommendations, and I request that no action be taken until I have had the opportunity to respond.
Contact:  Fred Medrano, Health and Human Services, 644-6459,

Action:  Moved recommendations 1, 2, 4 and 8 to the Consent Calendar by Mayor Dean and the remaining recommendations were referred to the City Manager.

Information Reports

 46.          Public Works Department Accreditation Self-Assessment
From:  City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: 
Received and filed.

47.          2 X 2 Committee Meeting Notes - October  21, 1999
From:  City Manager
Contact:  Arrietta Chakos, City Manager, 644-6580
Action: 
Received and filed.

48.        Status of Caldecott Tunnel Corridor
From:  Councilmember Armstrong
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: 
Received and filed.

49.        Peralta Classes at Berkeley Senior Centers
From:  Commission on Aging
Contact:  Effie Burgess, Secretary, 644-6050
Action: 
Received and filed.

50.        2425 Shattuck Avenue
From:  Commission on Aging
Contact:  Effie Burgess, Secretary, 644-6050
Action: 
Received and filed.

51.         Public Forum:  "Driving While Black" Legislation, SB 78
From:  Police Review Commission
Contact:  Barbara Attard, Police Review Commission Officer, 644-6716
Action: 
Received and filed.

Supplemental Agenda

 The following reports were added as Supplemental Items to the Agenda.

 Consent:

52.            Proposed UC Surge Building
From:  Councilmember Spring
Recommendation: 
Request the City Manager: 1) write a letter to UCB Chancellor Berdahl and each individual UC Regent reiterating our previous request that UC not construct the "Seismic Replacement Building" on the Oxford tract, the last remaining open space in the north campus area; and that instead UC build the "Seismic Replacement Building" on a more appropriate site; 2) that the initial study is woefully inadequate at studying the environmental impacts at alternative sites; 3) the City of Berkeley assert its right as a 'Responsible Agency' with the right of thirty days to review the Notice of Preparation; 4) the City Manager assign a staff person to respond to the environmental documents; 5) the City Manager inform the Planning Commission of the Council's position on this matter; 6) the City Manager write a letter to Senator Don Perata and Assemblywoman Dion Aroner requesting that they attend an urgent meeting with Council and staff on the state funding for the project; and 7) UC and the City of Berkeley engage in a process to work out mitigations on the new location alternate site.
Contact:  Dona Spring, Councilmember District 4, 644-6266

Action:  Removed from the Consent Calendar by the City Manager.  Moved, seconded, carried (Spring/Maio; Absent - Armstrong, Woolley, Worthington) to approve recommendations with revisions to 2 and 7 as noted above and to clarify that recommendations 3,4,5 are already being worked on.           

Old Business: 

53.            Garbage and Sewer Overcharge Refunds (to be delivered)
From:  Councilmember Worthington
Recommendation:
  Establish a fair, simple, and speedy process for refunding garbage and sewer overcharges: 1) The Finance Department shall determine the amount and duration of all property tax garbage overcharges for the past five years and issue refund checks for the full amount, including interest, to all affected taxpayers. If any refunds prove to have been sent to citizens who failed to pay the property tax or water bills in question, the Finance Department shall recover those funds by the normal collection process; and 2) The City Manager shall investigate and report how the overcharges were generated, and especially the process by which the overcharging was not corrected for so long after it was discovered, and what steps will be implemented to prevent reoccurrence. We need to make sure nothing like this ever happens again
Contact: Kriss Worthington, Councilmember District 7, 644-6398

Actions:  Moved, seconded, failed (Worthington/Maio; Noes - Olds, Spring, Dean; Absent - Armstrong, Woolley) to direct the City Manager draft an ordinance amendment for sewer refunds of the $50.00 base charge.

Moved, seconded, carried (Olds/Maio; Absent - Armstrong, Shirek, Woolley; Dean) to direct the City Manager to draft an ordinance amendment to Berkeley Municipal Code (BMC) Section 7.20.048C to allow for refunds of the first $50 of garbage overpayments. (Vice Mayor Shirek and Mayor Dean recused themselves due to a conflict of interest in being eligible for the refund.)

New Business:

54.            Additional Housing Trust Funds for Prince Hall Arms Senior Housing Project
From:  City Manager
Recommendation: 
Receive report and consider a request to allocate an additional $150,000 from FY 2000 Housing Trust Fund monies for the Prince Hall Arms, a 37-unit senior housing project located at 3132-38 Martin Luther King Jr. Way. 
Contact:  Steve Barton, Housing, 644-6001

Action:  Moved, seconded, carried (Spring/Shirek; Noes - Worthington; Absent - Armstrong, Woolley) to adopt Resolution No. 60,386-N.S. allocating $150,000 contingent on the City Manager and the Housing Advisory Commission analysis and approval of the Project budget and that a meeting of all parties will be held prior to the matter being heard at the HAC meeting on January 20, 2000.

Communications

 Actions:  The following were read, noted and filed unless referred to the City Manager as indicated.

1.  Regarding Spay and Neuter Ordinance:
Cassandra Fazio
Letter dated 10/15/97 from Christine Caldwell and staff at the Berkeley Animal Shelter.
Cathleen Young 

2.  Patrick Kennedy, Panoramic Interests, transmitting article regarding high-density housing on transit corridors. 

3.  Harry Yahata, District Director, State Department of Transportation, regarding Council's action on November 23rd (Item 12) regarding pedestrian safety along Ashby Avenue.

4.  Lori Twomey, Block Captain, 2100 Block of Oregon Street, regarding increased traffic in their neighborhood. Worthington, Maio, Breland

5.  Andy Katz, ASUC External Affairs Office, University of California, regarding street sweeping in the southside.  Worthington, Maio, Spring

6.  Regarding Santa Fe Right-of-Way:  Spring
a)  Autumn Buss
b)  Bruce Ohlson
c)  Derek Shuman
d)  David Keightley
e)  Loolwa Khazzoom
f)  Mary Archer
g)  Merrill Collett
h)  Nora Goodfriend-Koven

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

8.  Senator Martha Escutia, Chair, State Senate Health and Human Services Committee, thanking Council for supporting bills addressing school health center financing and requesting support for SB566.

9.  Dr. Mona Scott, Executive Director, Black Repertory Group, re Use Plan.  Spring

10.  Carole Raimondi, Attorney, re digital cable bill.  Worthington, Spring, Maio

11.  L. A. Wood, request for investigation of BAAQMD permitting practices and district policies.  Worthington

12.  Brij M. Misra, Radisson Hotel, re Councilmember Worthington participation in mass protest.  Worthington

13.  L. A. Wood, re permit conditions for Pacific Steel Castings Co.  Breland

14.  Doris Willlingham, re University's Seismic Replacement Building #1.  Worthington

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

Item  35 - Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road
Ben W. White and Sharon F. Landes
Janice Thomas
Rena Rickles, Attorney
Ann Reid Slaby
Ben W. White and Sharon F. Landes
Rena Rickles, Attorney

Item 36 - Appeal of Landmarks Preservation Commission's Adoption of a Mitigated Negative Declaration for Martin Luther King Jr. Civic Center Park
Daniel Abeyta, Acting State Historic Preservation Officer, Department of Parks and Recreation  Breland
Susan Cerny  Olds, Breland

Item 39 - Off-Street Parking Fees
Deborah Badhia, Executive Director, Downtown Berkeley Association  Breland

Adjournment

Actions:  Moved, seconded, carried (Spring/Shirek; Absent - Armstrong, Woolley) to suspend Council rules and extend the meeting to 11:15 p.m.

Moved, seconded, carried (Worthington/Maio; Absent  - Armstrong, Woolley) to extend the meeting to 11:25 p.m.)

The meeting adjourned at 11:25 p.m.


City of Berkeley Home / Departments / City Clerk Home / Boards and Commissions /  
City Charter / City Council / BMC / Conflict of Interest / Domestic Partnership / Election Info / Records Online

City of Berkeley Logo

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.