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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 22, 2000

SUMMARY

Preliminary Matters

 Roll Call: 7:06 p.m.: All present

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

  • Proclamation:  Recognizing the Contribution of the Berkeley Daily Planet

  • Proclamation:  Honoring Effie Burgess’ Retirement

  • Proclamation:  Black History Month

Action:  Presented Proclamations.

Comments From The City Manager: 

  • Public Works emergency phone number is 644-6620.  Residents can obtain free sand bags from the Corporation Yard located at 1326 Allston.  

Comments From The Public:  11 speakers

Consent Calendar

Action:  Moved, seconded, carried (Shirek/Worthington) to approve 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:  Adopt Resolution No. 60,407-N.S.

2. Refund Refuse Fee Overcharges (CR 2000-13)
From:  City Manager
Recommendation:  Adopt Second 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 second reading of Ordinance No. 6527-N.S.  Effective March 23, 2000.

3. Donations for Benches in Cesar Chavez Park
From:  City Manager
Recommendation: 
Adopt a Resolution accepting cash donations in a total amount of $4,800 from Molly Mitchell, Dorothy Bryant, Peggy Judge and Judith Masur for four memorial benches in Cesar Chavez Park at the Marina.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943
Action:  Adopted Resolution No. 60,408-N.S.

4. Lawsuit:  Bowles/Borens, et al.
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit in Alameda County Superior Court Action No. 801493-5 in the matter of Sharon Bowles, in the amount of $10,500 to Sharon Bowles; the sum of $10,500 to Emma Borens and the sum of $7,500 to Emma Borens as Guardian ad Litem to James Borens.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,409-N.S.  (Abstain – Dean.  Mayor Dean recused herself from voting as her son is employed by the law firm.)

5. Lawsuit:  Michael Burke
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit in Alameda County Superior Court Action No. 810092-2 in the matter of Michael Burke in the amount of  $40,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,410-N.S.

6. Lawsuit:  Corina O. Marchis
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit in Alameda County Superior Court Action No. 806028-4 in the matter of Corina O. Marchis in the amount of  $18,000.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,411-N.S.

7. Lawsuit:  People v. Arcadia Machine & Tool Co.
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Attorney to enter into a joint agreement with five law firms in the matter of People v. Arcadia Machine & Tool Co. for an amount not to exceed $12,000 per year.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,412-N.S.

8. Amending The Ellis Ordinance
From:  City Manager
Recommendation: 
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.77.010A, 13.77.020A, 13.77.030C, 13.77.040A, 13.767.040B and 13.77.050A; and adding Section 13.77.030G, to conform with changes to California Government Code Section 7060, et. seq., the Ellis Act, which provides rental property owners with the right to go out of the rental housing business in cities where rent regulations apply.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted first reading of Ordinance.  Second reading March 14, 2000.

9. Grant Application:  Fire Department Ambulance
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $34,000 from the State Office of Traffic Safety, for the purchase of an ambulance for the Fire Department and allocate $96,000 as a matching amount.
Contact:  Reginald Garcia, Fire Chief, 664-6665
Action:  Adopted Resolution No. 60,413-N.S.

10. Contract Amendment:  Hand-Held Computers for Parking Enforcement
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to amend the contract with Clancy Systems by extending the contract period to February 28, 2001, to provide hand-held computers for the Parking Enforcement Unit of the Police Department.
Contact:  Dash Butler, Police Department, 644-6568
Action:  Adopted Resolution No. 60,414-N.S.  Councilmember Spring asked the City Manager for a report on alternate devices similar to San Francisco to eliminate chalk use.

11. Approving an Increase in the Expenditure Limit for Renovation and Expansion of Berkeley Central Library
Recommendation:  Adopt a Resolution authorizing the City Manager to increase the expenditure limit for renovation and expansion of the Berkeley Central Library by increasing the limit by $1,163,000 for a total expenditure limit not to exceed $22,563,000.
Contacts:  John Rosenbrock, Capital Improvements Projects, 665-7552; Adelia Lines, Library, 644-6095
Action:  Adopted Resolution No. 60,415-N.S.

12. Nuisance Abatement – Collection of Enforcement Costs
From:  City Manager
Recommendation:  Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 (nuisance abatement) to conform to state law and to allow the City to collect enforcement costs.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted first reading of Ordinance.  Second reading March 14, 2000.

13. Prince Hall Arms Senior Housing Project
From:  City Manager
Recommendation:  Receive the report and refer for consideration the allocation of $70,000 in City general funds, during the midyear budget review process, to provide construction for the Prince Hall Arms Senior Housing Project located at 3132-38 Martin Luther King Jr. Way.
Contact:  Stephen Barton, Housing Department, 665-3481
Action:  Approved recommendation.

14. Equity Salary Increase for Animal Services Manager
From:  City Manager
Recommendation:  Adopt a Resolution amending Resolution No. 60,051 – N.S., Classification and Salary Resolution for Local One Employees, to increase the five-step salary range for the Animal Services Manager classification.
Contact:  Ron Brown, Personnel Department, 665-7606
a) City Manager Supplemental Report (to be delivered)
Recommendation:  Adopt a Resolution increasing the salary range from $5,773/month to $6,522/month in order to ensure we attract a candidate to meet the broad expectations for this position.
Action:  Adopted Resolution No. 60,416-N.S. to increase salary range per revised recommendation.

15. Contract:  Alcatraz Avenue Pedestrian Lighting
From:  City Manager
Recommendation:  Adopt a Resolution approving plans and specifications and accepting the bid of Michael Brown Electric, Inc., and authorizing the City Manager to execute a contract and any amendments, not to exceed $95,390, for construction of pole footings and underground electrical raceways on Alcatraz Avenue between King and Idaho Streets, for the period March 6 through May 30, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3439
Action:  Adopted Resolution No. 60,417-N.S.  

16.  Purchase of Vehicles
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the purchase of vehicles out of the Vehicle Replacement Fund, in the amount not to exceed $455,000 with designated vendors.
Contact:  Rene Cardinaux, Public Works, 665-3434
Action:  Adopted Resolution No. 60,418-N.S.  

17.  Purchase of Emergency Medical Supplies
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the purchase of emergency medical supplies in the amount of $105,000 from Promedix, a GSA vendor.
Contact:  Reginald Garcia, Fire Chief, 644-6665
Action:  Adopted Resolution No. 60,419-N.S.  

18. Amending the Lying on Public Sidewalks and Number of Dogs on Sidewalks Ordinance
From:  City Manager
Recommendation:  Adopt first reading of Ordinance amending Berkeley Municipal Code (BMC) Section 13.36.015 repealing Sunset Clause in Ordinance prohibiting lying on sidewalks and the number of dogs on sidewalks at certain times and places.
Contact:  Dash Butler, Police, 644-6670
Action:  Adopted first reading of Ordinance. (Noes–Shirek,Worthington; Abstain – Woolley)  Second reading March 14, 2000

19. Presentation: Route 24/Caldecott Tunnel Corridor Study
From:  Councilmember Armstrong
Recommendation:  Reserve 15 minutes at the March 14 City Council meeting to hear a presentation by the Metropolitan Transportation Commission (MTC) regarding Route 24/Caldecott Tunnel Corridor Study.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401
Action:  Approved recommendation.

20. Support H.R. 701:  Conservation and Reinvestment Act (CARA)
From:  Mayor Dean
Recommendation:  Support H.R. 701, the Conservation and Reinvestment Act (CARA), sponsored by a large bipartisan group of representatives, which would revitalize and provide permanent funding for state and local activities in connection with the Land and Water Conservation Fund and the Urban Parks and Recreation Recovery Program; and that the City Clerk notify by fax or e-mail Representatives Lee, Miller, Stark and Tauscher and Washington lobbyist of Council’s support.
Contact:  Barbara Gilbert, Assistant to Mayor, 644-6484
Action:  Approved recommendation.

21. Support A.B. 1756:  Earthquake Retrofit State Tax Credit
From:  Mayor Dean
Recommendation:  Support A.B. 1756, introduced by Assemblymembers Scott and Corbett, which would authorize a direct state tax credit, for seismic retrofit construction, against the “net tax” due, of an amount equal to 55% of the expense incurred, up to $5,000 on single-family residences and $2,500 for each unit in a multi-family structure; and that the City Clerk notify these Assemblymembers and the Sacramento lobbyist of Council’s support.
Contact:  Barbara Gilbert, Assistant to Mayor, 644-6484
Action:  Approved recommendation.

22. Budget Referral:  Traffic Signal on Sacramento at Dwight
From:  Mayor Dean
Recommendation:  Refer to the February budget process the restructuring of the southbound traffic signal on Sacramento at Dwight to provide for a left turn arrow for the turn eastward onto Dwight Way.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Approved recommendation.

23. Budget Referral:  Animal Shelter – Paid Coordinator for Volunteer Services
From:  Councilmembers Spring, Olds and Mayor Dean
Recommendation:  Refer allocation of approximately $55,000 during the midyear budget process for a full time paid Coordinator of Volunteer Services at the Berkeley Animal Shelter.
Contact:  Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399; Mayor Shirley Dean, 644-6484
Action:  Approved recommendation.

24.  Budget Referral:  La Pena Cultural Center
From:  Councilmembers Maio, Spring, and Worthington
Recommendation:  Refer allocation of $10,000 during the midyear budget process to contribute to the La Pena Cultural Center for its endowment campaign.
Contact:  Linda Maio, Councilmember District 1, 644-6359; Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-4822
Action:  Approved recommendation.

25. Budget Referral:  Open Gardens Tour
From:  Councilmember Maio
Recommendation:  Refer allocation of $5,000 during the midyear budget process to support the Open Gardens Tour.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Approved recommendation.

26. Budget Referral:  Mobile Solar Demonstration Project
From:  Councilmember Maio
Recommendation:  Refer allocation of $15,000 during the midyear budget process to build a mobile photovoltaic (solar energy) demonstration installation on a trailer to be used for educational and community events in time for Earth Day.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Approved recommendation.

27.  Budget Referral:  Pro Arts
From:  Councilmember Maio
Recommendation:  Refer allocation of $10,000 during the midyear budget process to support and promote local art and artists throughout the East Bay, through Pro Arts, the organization that runs the popular Open Studios program.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Approved recommendation

28.  Budget Referral:  Earth Week 2000
From:  Councilmember Worthington
Recommendation:  Refer allocation of $1500 during the midyear budget process to contribute to Earth Week 2000 and refer an additional allocation of $1000 contribution to bring Ralph Nader and Julia Butterfly to Earth Day's 30th Anniversary celebration, Saturday, April 22nd at Civic Center Park.
Contacts:  Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400.
Action:  Approved recommendation.

29.  Budget Referral:  Free Radio Berkeley’s
From:  Councilmember Worthington
Recommendation:  Refer allocation of $24,200 during the mid year budget process for Free Radio Berkeley's International Radio Action Training Education.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Approved recommendation.

30. Establishment of Small Business Support Program ( to be delivered)
From:  Mayor Dean
Recommendation:  Refer to the City Manager the establishment of a Small Business Support Program based upon the following recommendations:  1) Business skills Development, 2) City purchasing program favoring Berkeley businesses; 3) improving communication between businesses and City; 4) increase ownership of location site by businesses; 5) concerted opposition to Internet sales tax exemption; 6) partner with existing resources such as the U.S. Conference of Mayors Partner America Program, the Haas School of Business, and the East Bay Center for International Trade.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Removed from the Consent Calendar by Mayor Dean and held over to March 14, 2000.

31.  High Tech Business Attraction and Job Training
From:  Councilmembers Maio and Armstrong
Recommendation:  Direct the City Manager to: 1) aggressively pursue high tech businesses to locate in Berkeley; 2) develop a plan to strengthen technical skills training programs that serve Berkeley residents; 3) recommend to the City Council how we could provide incentives for such “partner” businesses to locate in Berkeley.
Contacts:  Linda Maio, Councilmember District 1, 644-6359; Polly Armstrong, Councilmember District 8, 644-6401
Action:  Removed from the Consent Calendar by Councilmember Maio and held over to March 14, 2000.

32.  Support a Moratorium on Executions in California
From:  Councilmembers Worthington, Breland, Spring, and Vice Mayor Shirek
Recommendation:  Support a moratorium on executions in California, until a study can be completed to determine if the death penalty is being fairly applied and have the City Clerk send a letter to Governor Gray Davis, Senator Don Perata, and Assemblymember Dion Aroner asking for the stop of all executions until the study is complete.
Contacts:  Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266; Maudelle Shirek, District 3, 644-6243
Action:  Removed from the Consent Calendar by Mayor Dean and held over to March 14, 2000.

33.  Mitigation for College Avenue Repaving Project
From:  Councilmember Worthington
Recommendation:  Contribute up to $10,000 towards providing up to three months shuttle services to the Elmwood merchants and neighbors to help mitigate the College Avenue repaving project and after project is complete contribute $10,000 towards a promotional campaign.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398 
Action:  Approved referring to budget process.

34. Berkeley’s Animal Shelter:  Containment of Contagious Diseases
From:  Councilmember Spring
Recommendation:  Request the City Manager take immediate steps to address the spread of contagious diseases at Berkeley’s Animal Shelter with an area to quarantine animals and other measures and report back with a plan to reduce the high rates of disease transmission at the shelter.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Approved recommendation contingent upon financial feasibility to do so.

35.   Proclamation:  Marshall Burgamy, Principal of Berkeley Adult School
From:  Councilmember Breland
Recommendation:  Approve a proclamation for Marshall Burgamy, Principal of the Berkeley Adult School, for his outstanding achievements and services to the community.
Contact:  Margaret Breland, Councilmember District 2, 644-6400
Action:  Approved recommendation amended by Councilmember Breland to allow for a 15 minute presentation on March 21, 2000.

36.  Pedestrian Right-of-Way and Speed Laws on Martin Luther King Jr. Way
From:  Commission on Aging
Recommendation: 
Remind the Berkeley Police Department to enforce the pedestrian right-of-way and speed laws, especially on Martin Luther King Jr. Way.
Contact:  Silver Ward, Secretary, 644-6050
a. City Manager Report
Recommendation: 
The City Manger thanks the Commission on Aging for its recommendation, but the Police Department and Chief of Police take the enforcement responsibility very seriously and will make all efforts to enforce traffic and safety laws.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Removed from the Consent Calendar by City Manager and held over to March 14, 2000.

37.  Support SB 1389:  Driving While Black/Brown Legislation
From:  Police Review Commission
Recommendation:
  Support SB 1389, "Driving While Black/Brown" legislation and request the City Manager send a letter to Senator Murray, the bill's author, expressing Berkeley's support.
Contact:  Barbara Attard, Secretary, 644-6716
a.  City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Commission.
Contact:  Dash Butler, Police Department, 644-6568
Action:  Approved recommendation.

38. Destroy Obsolete Police Weapons
From:  Police Review Commission
Recommendation:
  Adopt a Resolution establishing a City policy mandating that all obsolete Berkeley Police Department weapons be destroyed rather than exchanged or sold.
Contact:  Barbara Attard, Secretary, 644-6716
a.  City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Commission.
Contact:  Dash Butler, Police Department, 644-6568
Action:  Adopted Resolution No. 60,420-N.S.

Action Calendar

Appeals:

39. Zoning Appeal of Use Permit 99-10000112, Fifth and Harrison Streets
a.  Appeal filed by L. A. Wood of the Zoning Adjustments Board decision of January 13, 2000, which approved a Use Permit 99-10000112 to create a park, recreational playing fields and a skateboard park and construct a field house.
b.  City Manager Report
c.  Recommendation:  Adopt a Resolution affirming Zoning Adjustments Board decision to approve a Use Permit and dismiss the appeal. 
Contact:  Wendy Cosin, Planning & Development, 705-8131
d.  Communication:
1.  L. A. Wood, regarding Appeal for Use Permit #99-10000112, Fifth and Harrison Street.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved, seconded, carried (Olds/Breland; Abstain – Worthington; Absent – Armstrong, Woolley) to adopt Resolution No. 60,421-N.S. affirming the Zoning Adjustments Board decision to approve a Use Permit and dismissing the appeal.

Old Business:

40. 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:  Moved, seconded, carried (Shirek/Maio, Abstain: Armstrong, Woolley) to approve recommendations as requested in the letter from Erin Williams with the exception of amending No. 5 to read “to eliminate any primate research on the UC Berkeley campus that would cause pain or discomfort to the primate and to not allow primate research unless there are proper facilities to house the primates and to also allow for physical exercise and the social needs of the primates”.  (Councilmember Woolley asked that the record reflect she would abstain because she does not have sufficient information regarding this organization.)

41.  Discussion of Planning Department and Planning Commission Work Load
From:  Mayor Dean
Recommendation:  Hold a discussion with staff and the Planning Commission on 2/15/00 regarding workload.  Discussion to include consideration of : 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. 
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Held over to March 14, 2000.

42. 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:  Held over to March 14, 2000.

New Business:

43.  FY2000 2nd Quarter Financial Summary Report
From:  City Manager
Recommendation:  1) Accept the status report apprising the Council of citywide year-to-date revenues and expenditures through December 31, 1999 and preliminary update of the General Fund Five-Year Forecast for FY2000 through FY2004; 2) adopt a Resolution amending Resolution No. 60,089-N.S., (FY2000) Budget to authorize funding on an urgency basis in the amount of $250,550 for Council commitments made since July 1, 1999; $768,000 for Telephone System Upgrades, Phase I; $825,000 for I-80 Overpass Project Funding shortfall; 3) Defer to the FY2001 Mid-Biennial Budget Review (May-June) funding considerations of other items; 4) approve the proposed framework and timetable for the City Council’s FY2000 & FY2001 Mid-Biennial Budget Review; and, 5) provide direction on specific budget policies being proposed to guide the City’s future budgeting and fiscal management practices.
Contact:  Phil Kamlarz, City Manager, 665-7530
Action:  Presentation heard.  Held over to March 14, 2000 for action on amendment of budget and approval of any additional funding requests.  Councilmembers interested in submitting names to the City Manager for inclusion in a task force to review the plans and bids related to the telephone system are to submit names and contact information to the City Manager by February 25, 2000 in order that the Council may take action on awarding the telephone contract in March.

44.  Contract Amendment:  Recycling Plastics
From:  City Manager
Recommendation:  Adopt a Resolution to:  1) add #1 and #2 plastic bottles to the residential curbside collection program; and 2) increase the contract with Community Conservation Centers (CCC) by $140,000 for an upgraded container sorting system.
Contact:  Rene Cardinaux, Public Works, 665-7550

Actions:  Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 60,422-N.S. approving the Solid Waste Commission’s Plastics Recycling Resolution which directs the City Manager to: 1) develop a comprehensive and unified plastics policy; 2) carry out a plastics education program; 3) report about the consequences of modifying residential plastic collection policy; 4) develop projects for source reduction, reuse and recycling of different plastics; and 5) support legislation mandating the use of recycled plastic feedstock or enforcing manufacturer responsibility.

Moved, seconded, carried (Armstrong/Olds,  Noes - Shirek, Spring, Woolley, Worthington) to approve the City Manager’s recommendation and adopted Resolution No. 60,423-N.S. authorizing the City Manager to:  1) direct the Ecology Center to add  Nos.1 and 2 plastic bottles to the residential curbside collection program; and 2) amend the contract with Community Conservation Centers (CCC) to add $140,000 for an upgraded container sorting system.

Moved, seconded, carried (Armstrong/Olds) to 1) encourage and prioritize the end use of plastic bottles for the materials collected  to support a closed loop recycling system whenever possible and financially feasible; and, 2) direct staff to research why the City of Napa has stopped recycling  No. 2 colored bottles.

Moved, seconded, failed (Worthington/Spring; Noes – Armstrong, Breland, Maio, Olds, Dean) to delay implementation of residential curbside recycling of plastics until the plastics industry either agrees to create a regional facility that would turn recycled materials back into bottles.

45.   Contract:  Design and Construct Recreational Facilities at the Harrison Street Site (to be delivered)
From:  City Manager
Recommendation:  Adopt a resolution to:  1) authorize the City Manager to execute a contract and any amendments in an amount not to exceed $1,270,000 with the Association for Sport Field Users (ASFU), a non-profit organization, to design and construct recreational facilities on the 6.4 acre site located at Fifth and Harrison Streets; 2) waive all plan check and permit fees in an amount not to exceed $45,000; and 3) in the event there are excess funds remaining from the escrow fees and closing costs required to purchase the property, authorize the City Manager to expend these leftover funds, allocating them to the ASFU contract as a construction contingency amount.
Contacts:  Weldon Rucker, Deputy City Manager, 665-7528; Fred Medrano, Health & Human Services, 665-6879; Lisa Caronna, Parks & Waterfront, 644-6970; Ed Murphy, Project Manager, 644-6970
Action:  Withdrawn by the City Manager.

46.  Move Taxi Scrip Program to Health and Human Services
From:  Commission on Aging
Recommendation: 
Council act to move the Taxi Scrip Program to the Department of Health and Human Services and relocate it in one of the Senior Centers.
Contact:  Silver Ward, Secretary, 644-6050
a.  City Manager Report
Recommendation:
  Please take no action until discussions between the Commission on Disability and City staff are complete regarding the Paratransit Program.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Moved to Consent Calendar by Councilmember Worthington and approved City Manager recommendation.

47.  Council Appointments and Setting Term Limits of City Council Health Subcommittee
From:  City Manager
Recommendation:  Adopt a Resolution appointing members of the City Council to the Health Subcommittee and defining the terms.
Contact:  Sherry M. Kelly, City Clerk, 644-6480
Action:  Held over to March 14, 2000.

Information Reports 

48.  Carbon Monoxide Poisoning (CR 99-166)
From:  City Manager
Contact:  Reginald Garcia, Fire Chief, 664-6665
Action:  Received and filed.

49.  Investment Report for Second Quarter 1999
From:  City Manager
Contact:  Fran David, Finance, 665-7400
Action:  Received and filed.

50.  Clarification on Animal Licensing Enforcement Issues in the Spay-Neuter Ordinance
From:  Councilmember Dona Spring
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action:  Moved to the Action Calendar by Councilmember Armstrong and held over to March 14, 2000.

51. Citywide Payroll Audit
From:  Ann-Marie Hogan, City Auditor
Contact:  Ann-Marie Hogan, City Auditor, 644-6440
Action:  Received and filed.

52.  Activities for 1999 and Work Plan for 2000
From:  Fair Campaign Practices Commission
Contact:  Camille Courey, Secretary, 644-6380
Action:  Received and filed.

SUPPLEMENTAL AGENDA ITEM

53.  Measure G Funds
From:  Councilmember Worthington
Recommendation:  Schedule a public discussion about filing a validation act before a judge to seek authorization to use bond Measure G funds in ways not specifically mentioned in the ballot measure.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398

Action:  Moved, seconded, carried (Maio/Olds) directing staff to proceed with validation on Hills Fire Station and scheduled 15 minutes at a future Council meeting to discuss reservoirs and/or cisterns.

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Action:  The following communications were read, noted and filed unless referred to the City Manager for a response:

Page No.

1.         David Spector, regarding loiters at Mel’s diner.   Breland, Dean, Maio, Spring, Worthington

2.          Judy Brock, regarding animal shelters.   Spring

3.         Virginia and Len Kamp, appreciation for quick response of refund check.   Spring

4.          Ray Dobard, regarding over-billing of garbage services.  Breland, Dean

5.         Susan Cerny, Jerri Holan, Linda Perry, regarding Civic Center Park repair and rehabilitation project.

6.         Charlie Oh, Karen Hipkins, George Bibbins, regarding unsafe living conditions at 2472-2478 Virginia Street.    Maio, Dean, Spring, Worthington

7.         Thomas E. Ho’okano, regarding the Landmarks Ordinance – General Plan Update.    Dean, Worthington

8.         Michael J. Vandeman, Ph.D., regarding saving the wildlife.

9.         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 31 – High Tech Business Attraction and Job Training

10. Councilmembers Maio and Armstrong, revised report.

Item 42 – University Avenue Medians and Streetscape Plan

11. Rob Browning

12. Rebecca Sutton

13. Nancy Holland

14. Shauna Haines

15. Louise Marquis

16. Maureen Yee

17. Shirley Faircloth

18. Kathy Labriola

19. Rhoda Slanger

Item 44 – Contract Amendment – Recycling Plastics

20. Solid Waste Management Commission’s report on plastics

21. Julia Epstein

22. Trisha Buresh

23. Margo Feinberg and Fred Ross

24. Kristina Sepetys

25. Carlene St. John

26. Nancy Humphrey

27. Veronica Labarca

28. Linda Currie, University of California

29. Sandra Liu

30. Andrea Meghrouni-Brown,

31. Tamara Baltar

32. Ginger Ogle

33. Wendy Markel

34. Ken Alex

35. Sherry Reinhardt

36. Jean Fichtenkort

37. Sima Misra

38. Anita Mascoli & Nancy Werthan

39. Mona Bernstein

40. Wmanierre

41. Jennifer Monahan

42. Helen Wittmer via Trish Wittmer

43. Catherine and Steve Ference

44. John Lyman

45. Jeffrey DePuy

46. Jane Hunter

47. Charles Schiller

48. Jennifer Kawar and Marc Derewetzky

49. Sarah Wittmer

50. Kristin Luker

51. Judith Holland

52. Howard Chong

53. Antoinette Conrad

54. Nigel Guest

55. Luke Blacklidge

56. Bruce and Dana MacDermott

57. Irene Elmer

58. Anne Marselis, Saint John’s Neighbors

59. Kristine Johnson   Breland

60. Ruth and John Denton 

Item 53 - Measure G Funds

61. Theodore Edlin    Breland, Dean, Worthington

Adjournment 

Actions:  Moved, seconded, carried (Spring/Olds) to extend the meeting until no later than midnight to complete specific agenda items.

Moved, seconded, carried (Spring/Worthington) to suspend Council rules to extend the meeting until 12:05 a.m. to complete specific agenda items.

The meeting was adjourned at 12:05 a.m.


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