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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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REGULAR BERKELEY CITY COUNCIL MEETING
 
TUESDAY, FEBRUARY 15, 2000

SUMMARY

Preliminary Matters

Roll Call:  7:17 p.m.; All present.

Ceremonial Matters: 

  • Proclamation:  Honoring Youth Radio’s E-Mails from Kosovo and Youth Voices on Kosovo

Action:  Presented Proclamation.

Comments from the City Manager:

  • The Civic Arts Commission awarded funds to the Berkeley Library for hand carved library gates.

  • Radio station 1610 AM has problems in rain storms and repairs will take place in the Spring.

  • Ashby Avenue-Mable Street signal has been activated.

  • Tree pruning program, Phase 2, will begin soon.   Public information meeting will be held on February 16 at the Live Oak Park Center.  Post cards have been sent to notify residents.

  • The public pools are now open and swimmers may call 644-6530 for information.

  • HIV AIDS funding has been awarded to Health and Human Services for High Risk Initiative Grant of $785,000 with a two-year option for renewal.

  • Michael Kaplan of Economic Development was invited by Sister City Sakai, Japan, to run in the annual marathon on February 20, 2000.

  • Introduced Rhonda Basore, new Assistant City Clerk.

Comments from the Public:  Ten speakers.

Consent Calendar

Action:  Moved, seconded, carried (Worthington/Maio) to approve the Consent Calendar in one
motion except as indicated.

1. Refund Refuse Fee Overcharges (CR 2000-13)
From:  City Manager
Recommendation:
  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.20.048 C to eliminate the provision that the City retain the first $50 of all refunds over $50.
Contact: Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted first reading of Ordinance.  Second reading February 22, 2000.

2. Contract:  Public Service Credit for Peace Corps of America or America Corps
From:  City Manager
Recommendation:
  Adopt a Resolution of Intention to amend the contract with the California Public Employees Retirement System (CalPERS) to provide public service credit for Peace Corps of America or America Corps (VISTA Service) for local miscellaneous and local safety members as provided in California Government Code Section 21023.5; and 2) adopt first reading of an Ordinance to amend the contract with CalPERS to provide public service credit for Peace Corps of America or America Corps (VISTA Service) for local miscellaneous and local safety members as provided in California Government Code Section 21023.5.
Contact:  Ronald Brown, Personnel, 644-6951

Action:  Adopted Resolution No. 60,403-N.S. and adopted first reading of Ordinance.  Second reading March 14, 2000.

3. Lawsuit:  Don Flory and Debra Clark
From:  City Manager
Recommendation:
  Adopt a Resolution authorizing the City Attorney to settle a public liability lawsuit in the matter of Don Flory and Debra Clark, Alameda County Superior Court Action No. 807696-2 in the amount of $15,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted Resolution No. 60,404-N.S.

4. Waive Fees: Auditorium in Veterans Building for Seed Swap and Save Event
From: Councilmembers Worthington, Breland, and Vice-Mayor Shirek
Recommendation:
  Adopt a Resolution waiving fees for the Veterans Building Auditorium for a Seed Swap & Save event on March 18, 2000.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Contact: Margaret Breland, Councilmember District 2, 644-6400; Contact: Maudelle Shirek, Councilmember District 3, 644-6243

Action:  Adopted Resolution No. 60,405-N.S.

5. Proclamation:  Ron Mix and the Berkeley Daily Planet
From:  Councilmember Olds
Recommendation:
  Approve a proclamation to be presented on February 22, 2000, honoring Ron Mix and his staff of the Berkeley Daily Planet for providing important daily news coverage.
Contacts:  Susan Wengraf, Councilmember Olds’ Office, 644-6399

Action:  Approved recommendation as revised by Councilmember Olds to recognize the contribution of the Berkeley Daily Planet and express appreciation to the publisher and staff for making information available and providing daily news coverage of matters of importance to the citizens of Berkeley.  Proclamation to be presented on February 22, 2000.

6. Support for UC Students Animal Advocacy
From:   Councilmember Spring
Recommendation:  Request the City Manager write a letter supporting the petition requests of the student organization UC Berkeley Organization for Animal Advocacy and over 1600 students regarding the care and treatment of animals on the UC Berkeley campus.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Removed from the Consent Calendar by Vice Mayor Shirek and held over to February 22, 2000.

7. Endorse the Bus Rider’s Bill of Rights
From:   Councilmember Spring
Recommendation:  Adopt a Resolution endorsing the Bus Rider’s Bill of Rights as proposed by the Bus Rider’s Union and request that the City Manager write a letter to AC Transit requesting their support.
Contact:  Dona Spring, Councilmember District 4, and 644-6266
Action:  Adopted Resolution No. 60,406-N.S.

8. Bus Shelters in Berkeley
From:   Councilmember Spring
Recommendation:  Request the City Manager write a letter to AC Transit and Lamar Outdoor Advertising requesting that shelters be erected at the 75 locations requested by the Commissions on Aging and Disabilities and that the City have input on the types of advertising allowed at bus shelters in Berkeley.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Removed from the Consent Calendar by Councilmember Spring and held over to March 14, 2000 in order to receive a report from the Transportation Commission.

9. Discussion of Planning Department and Planning Commission Work Load
From:   Mayor Dean
Recommendation:  Hold a discussion with the staff and Planning Commission on February 15, 2000 regarding workload.  The discussion to include consideration of:  1) halting the work that is currently being done on writing a new Master Plan; 2) completing the Southside Plan and list of zoning amendments and issues that Council already sent to the Planning Commission; 3) folding all completed Area Plans into the existing Master Plan; 4) identifying and resolving any conflicts between the completed Area Plans and the existing Master Plan; 5) adopting that amended Master Plan for the time being; and 6) determining at that point the next steps for the department and commission.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Report revised by Mayor Dean to recommend: 1) adoption of a later date than Fall 2000 for forwarding the General Plan to Council for approval; and at this time; 2) give highest priority to completing the Southside Plan, responding to UC-Berkeley’s New Century Plan and other UC site specific projects that are time sensitive, so that planning implications can be fully and adequately studied and responded to by residents, commissions, Council and staff; and 3) request a report from the Planning Commission and staff for a new time line for review by residents and completion of the Master Plan, taking into account the above priorities.  Recommendations are to come to the Council for approval including recommendations for the allocation of necessary resources to complete the process; and 4) unless there are issues that are compelling and urgent, Council refrain from adding new planning issues to the Commission’s agenda during this time period.  Removed from the Consent Calendar by Councilmember Worthington and held over to February 22, 2000.

10. Status of Appeal of Landmarks Preservation Commission’s Approval of a Mitigated Negative Declaration for the Civic Center Park
From:   Mayor Dean
Recommendation:  Hold a discussion on February 15, 2000, regarding the status of an appeal filed on December 6, 1999.
Contact:  Jennifer Drapeau, Chief of Staff, Mayor’s Office, 644-6484
Action:  Held discussion.  Staff informed Council that the Notices of Decision  and Mitigated Negative Declaration would be rescinded.

11. Joint Meeting with School Board 
From:   Mayor Dean
Recommendation:  Schedule a joint meeting with the Berkeley Unified School District (BUSD) School Board for February 22, 2000 to discuss the concerns at Berkeley High School and the surrounding neighborhood if issues are not resolved at the 2 x 2 committee meeting on February 17, 2000.
Contact:  Jennifer Drapeau, Chief of Staff, Mayor’s Office, 644-6484
Action:  Approved recommendation revised by Mayor Dean to schedule the joint meeting on March 1, 2000.

12. Limiting the Sale of Easily-Concealable Handguns and Imposing Gun Related Restrictions
From:   Mayor Dean
Recommendation:  Request the City Attorney draft an Ordinance which would prohibit the sale of handguns smaller than 6-3/4” length and 4-1/2 height; explore local or state legislation which would require the owners of stolen guns to report such thefts to the police; and endorse the Mayor working closely with Senator Don Perata, Assembleymember Mike Roos, and other mayors/supervisors from the East Bay Public Safety Corridor Partnership on a proposed ballot initiative “Coalition for Common Sense” that would require the licensing and registration of all handguns.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Approved recommendation.

13. Endorse SB1110:  Plastic Containers Recycling Content
From:   Councilmember Armstrong
Recommendation:  Endorse SB1110, which would require that all rigid plastic containers sold in the State have a 25% -35% recycled content; a high recycling rate or a high reuse rate.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401
Action:  Approved recommendation.

14. Support for BOSS Multi-Agency Service Center (MASC)
From:   Mayor Dean
Recommendation:  Support and refer to the budget process an additional $5,000 to enable MASC to stay open from 8am to 3pm on weekends through the end of April.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484.
Action:  Approved recommendation.

15. University Avenue Medians and Streetscape Plan
From:   Councilmember Maio
Recommendation:  Refer to the City Manager and the Budget Review the need for a landscaping design plan for University Avenue and for an irrigation system and permanent planting on the medians.
Contact:  Linda Maio, Councilmember District 1, 644-6359.
Action:  Removed from the Consent Calendar by Councilmember Olds and held over to February 22, 2000.

Presentations

16. Presentation regarding Disaster Planning
a. Presentation by Dr. Murat Karaca regarding Earthquake in Turkey
Contact:  Linda Maio, Councilmember District 1, 644-6359

b. City Manager Information Report on Seismic Preparation and Y2K
Contact:  Arrietta Chakos, City Manager's Office, 644-6580
c. Report on ABAG's “Living on Shaky Ground” Workshop
Contact: Linda Maio, Councilmember District 1, 644-6359; Shirley Dean, Mayor, 644-6484
d. Proclamation:   Y2K and Earthquake Preparation Efforts
Contact:  Linda Maio, Councilmember District 1, 644-6359

Action:  Heard presentation and presented Proclamation to the Resiliency Network.

17. Presentation by the Fire Chief, Fire Safety Commission and Disaster Council regarding Fire Danger and a Strategic Plan for Fire Protection
a. City Manager Report
Recommendation:
  Hear the presentation by the Fire Chief, Fire Safety Commission and the Disaster Council and direct the City Manager to develop the Strategic Plan for Fire Protection and terminate the Salt Water Pipeline Project and the Underground Cistern Project.
Contact:  Reginald Garcia, Fire Chief, 664-6665
b. Fire Safety Commission Report
Recommendation:   Endorse the Strategic Plan for Fire Protection as presented with the inclusion of a fifth point covering prevention, that would include the work on the buffer zone, undergrounding of utilities, inspections, and public education, and with assurances from the Fire Chief that this plan does not take priority away from the new Hill Fire Station. The Commission would also like to insure that the Fire Department has adequate staffing in light of the fire danger facing the City.
Contact:  Reginald Garcia, Secretary, 664-6665

Action:  Heard presentation and 1) approved the City Manager’s recommendations to: a) endorse the Strategic Plan for Fire Protection as presented and direct the City Manager to develop the plan and recommend funding sources; b) terminated the saltwater pipeline project and the underground cistern project; c) directed the City Manager to come back with ballot measure language and proposals for the November 2000 Election; and 2) approved the Fire Safety Commission’s recommendations to a) also endorse the Plan as presented with the inclusion of a fifth point covering prevention that would include the work on the buffer zone, undergrounding of utilities, inspections, and public education, and with assurances from the Fire Chief that this plan does not take priority away from the new Hills Fire Station and b) insure that the Fire Department has adequate staffing in light of the fire danger facing the City.

18. Discussion on Ballot Measures for November 2000 Election
City Manager Information Report
Recommendation:  Preliminary discussion of possible ballot measures for November 2000 election.  Possibilities to be discussed:  voter approval of increase in number of subsidized housing units under California Constitution, Article 34; authority to spend existing library, parks and paramedic tax (voter approval required to renew expenditure authority for existing taxes every four years); possible increases in parks tax for maintenance of capital improvements; possible increase in street lighting assessment to improve public safety; possible one time special tax to fund fire safety measures coupled with decrease in issuance of Measure G bonds; possible business license tax corrections including restoration of prior tax rate for professionals which was inadvertently reduced; possible hotel tax increase for public art, possible special tax or bond for youth center, or animal center or library branches.  No definitive Council direction expected until April 2000.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

Action:  By consensus, 1) directed staff to proceed with drafting ballot measure language for November 2000 Election for those measures which have no fiscal impact (Low Income Housing Units under Article 34, Gann Override for Library, Parks and Paramedic Tax); 2) directed staff to proceed with drafting ballot measure language for a Parks Maintenance Tax, Street Lighting Assessment, Library Bonds; 3) directed staff to come back with more information on a financing plan for the Fire Safety Plan and Measure G and to consider Undergrounding of Utilities; 4) requested more information regarding a Business License Tax, Retrofitting Old City Hall, a Youth Center, and a funding mechanism to create Affordable Housing; and 5) requested a report on the cumulative impact of all measures state, regional and local that will have a financial impact on Berkeley residents.

Information Reports

19. Annual General Fund Budget: Toxics Division, Planning and Development Department
From:  City Manager

Contact:  Wendy Cosin, Planning and Development, 705-8105

Action:  Received and filed.

 20. Status of Citywide Truck Route Plan (to be delivered)
From:   City Manager
Contact:  Rene Cardinaux, Public Works, 644-6506
Action:  Received and filed.

21. Taxi Scrip Budget
From:  City Manager

Contact:   Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Received and filed.

22. Easy Does It Survey
From:   City Manager
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Received and filed.

Communications


Action:  The following communications were read, noted and filed unless otherwise noted:

Page No.

1.         Robert Mitchell, Esq., Mitchell Law Offices, regarding Black Repertory Group

2.         Jeannie de Vries, The Berkeley Architectural Heritage Association, regarding demolition of 150 Berkeley Square.  Worthington, Dean 

3.         Rosemary Vimont, regarding Berkeley’s Nuclear Free Zone Policy.  Breland, Dean

4.         L. A. Wood, Community Environmental Advisory Commission, regarding redevelopment of West Berkeley and the impact on Oceanview residents.  Worthington, Breland

5.         David Kafton, regarding proposed ordinance for regulating fireplaces.  Maio, Olds, Dean

6.         Ray Dobard, regarding modifications to the policies, procedures and/or programs regarding public accommodations for the disabled.  Worthington, Dean 

7.         Anne Marselis, regarding City of Berkeley’s speeding garbage trucks.  Maio, Worthington, Dean

8.         Burton Spickler, regarding animal breeders.

9.         Dianne Feinstein, United States Senate, regarding elementary and Secondary Education Act.

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

Supplemental Communications
And Agenda Reports

Item/Subject/Description

Item   5 – Proclamation:  Ron Mix and the Berkeley Daily Planet

11. Councilmember Betty Olds, revised recommendation.

Item 6 – Support for UC Students Animal Advocacy

12.        Irene Hegarty, Director of Community Relations, University of California, Berkeley, regarding the care and use of animals at UC Berkeley.

Item 9 – Discussion of Planning Department and Planning Commission Work Load

13.       Mayor Shirley Dean, revised report.
14.       John Selawsky, General Plan Update  Breland, Worthington
15.       Ganesha, General Plan Update  Breland, Worthington
16.       Jonathon Joe Kass, General Plan Update  Worthington

Item 12 – Limiting the Sale of Easily-Concealable Handguns and Imposing Gun Related    Restrictions

17.       C. D. Michael, Trutanich/Michel, Attorneys at Law, Port of Los Angeles Office, opposing the proposed ordinance regarding banning the sale of small and medium sized handguns.

Adjournment

The meeting was adjourned at 12:00 a.m. in honor of Susan B. Anthony’s birthday.


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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.