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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, APRIL 4, 2000

SUMMARY

Preliminary Matters

Roll Call:  7:26 p.m., All present.

Ceremonial Matters: 

Proclamation:  Berkeley High School Girls Basketball Team
Proclamation:  Christmas in April
Proclamation:  El Dia De Los Ninos
Action:  Presented Proclamations.

Comments From The City Manager: 

  • National Public Health Week is April 3 through April 9.  For more information call 644-6500 or visit the web site at www.ci.berkeley.ca.us/hhs.

  • FY2001 Civic Arts Grant Applications are now available through the Civic Arts Department are due back by May 17.  Two workshops will be held April 20 and May 4 at the North Berkeley Senior Center at 6:00 p.m.  For more information call 705-8183.

Comments From The Public:  Thirteen speakers.

Youth Forum:  No speakers.

Consent Calendar

Action:  Moved, seconded, carried (Worthington/Breland) 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:  Adopted Resolution No. 60,488-N.S.

2. Waiving Council Rules of Procedure
From:  City Manager
Recommendation:  Waive Council’s Rules of Procedure, Resolution No. 56,595-N.S., to authorize the following actions at the April 11th public hearing meeting:  a) allow staff to place action reports on the agenda; and b) any item removed from the agenda at the meeting is allowed to be discussed and action taken that night.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Approved recommendation.

3. Contract Amendment:  Alta Bates Medical Center Traffic Studies
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Fehr and Peers Associates Inc. by increasing the contract in an amount not to exceed $73,000 for traffic monitoring for 2000 for the Alta Bates Medical Center.
Contact:  Wendy Cosin, Planning, 705-8149
Action:  Adopted Resolution No. 60,489-N.S.

4. Contract:  Street Rehabilitation FY 2000
From:  City Manager
Recommendation:  Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY2000 Project, accepting the bid of O.C. Jones & Sons, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,910,010, for a period of 150 calendar days.
Contact:  Rene Cardinaux, Public Works, 644-6506
Action:  Adopted Resolution No. 60,490-N.S.

5. Joint Powers Agreement:  Electric Power
From:  City Manager
Recommendation:  Adopt two Resolutions:  1) adopting a policy that the City shall endeavor to purchase high-quality renewable power in the future and utilize any net reduction in electricity costs due to the rollback of certain electric charges to fund the incremental cost of such high quality renewable energy; and 2) authorizing the City Manager to execute a Joint Powers Agreement (JPA) and any amendments providing for membership in ABAG POWER and to execute the Direct Access Electric Aggregation Agreement and any amendments for the period beginning May 1, 2000 and with no expiration date to participate in an electric power pool for the purpose of purchasing renewable energy for certain municipal loads.
Contact:  Stephen Barton, Housing, 665-3481
Action:  Adopted Resolution No. 60,491-N.S. and Resolution No. 60,492-N.S.

6. Exclusive Use of a Portion of Aquatic Park Lake
 From:  City Manager
Recommendation:  Adopt a Resolution approving an application from the Berkeley Waterski Club for a water use license to exclusively use a portion of Aquatic Park Lake from May 1, 2000 through September 30, 2000 and authorizing the City Manager to execute the license agreement.
Contact:  Lisa Caronna, Parks and Waterfront, 644-6943x222
Action:  Adopted Resolution No. 60,493-N.S. (Noes-Worthington; Abstain - Spring)

7.Block Grant:  Used Oil Recycling Program
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager or designee to submit an application to the California Integrated Waste Management Board (CIWMB) for a used oil recycling block grant for the three year period FY2001 to FY2003, in an amount of $37,850 per year, including participation in a regional public education campaign with the Alameda County Waste Management Authority.
Contact:  Wendy Cosin, Planning, 705-8108
Action:  Adopted Resolution No. 60,494-N.S.

8.Summer Food Service Program
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition and Food Distribution Division, for a Summer Food Service Program for children, and to execute any resultant agreements and amendments for the period June 19, 2000 to October 20, 2000.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Adopted Resolution No. 60,495-N.S.

9. Agreement:  Aquatic Park Children’s Playground Design/Build Project
From:  City Manager
Recommendation:  Adopt a Resolution:  1) authorizing the City Manager to execute an Agreement and any amendments with Berkeley Partners for Parks (BPFP) in the amount of $8,400 for the period March 29, 2000 to March 29, 2001; 2) authorizing the City Manager to award grants to BPFP for up to $122,000 as needed; and 3) waiving all plan check fees, if any.
Contact:  Lisa Caronna, Parks & Waterfront, 644-6970,x222
Action:  Adopted Resolution No. 60,496-N.S.

10.  Safety Members Pension Fund Board Membership
From:  City Manager
Recommendation:  Adopt the first reading of Ordinance amending Berkeley Municipal Code (BMC) Sections 4.20.030, 4.24.030 and 4.28.030, to change the membership of the Safety Members Pension Board (“Board”) to consist of five employees, two employees appointed by the City Manager, and the Fire Chief, Police Chief and Finance Director and/or their respective designees.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted first reading of an Ordinance.  Second reading scheduled for April 11, 2000.

11. Public Safety Building Expenditure Authority
From:  City Manager
Recommendation:  Adopt a resolution increasing the expenditure authority for the City Manager by an additional amount of $366,000 which will bring the total contingency expenditure under the contract to $799,589 and the not to exceed amount of the contract to $14,796,589 for the design and construction of the Public Safety Building.
Contact:  Rene Cardinaux, Public Works, 665-7550
Action:  Adopted Resolution No. 60,497-N.S. (Noes – Worthington)

12.  Application: State Housing Enabled by Local Partnerships (HELP) Program Funds
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to file an application to the California Housing Finance Agency (CHFA) for up to $2 million in funding under the State of California Housing Enabled by Local Partnerships (HELP) Program.
Contact:  Stephen Barton, Housing, 665-3481
Action:  Adopted Resolution No. 60,498-N.S.

13. Conveyance of Property:   1810 Grant Street
From:  City Manager
Recommendation:  Adopt the first reading of an Ordinance accepting a quitclaim deed from BART for Ohlone Park, including the property located at 1810 Grant Street; and authorizing the City Manager to convey the property at 1810 Grant Street for $115,000 to Nancy Salgado and Leigh Ziprin.
Contact:  Lisa Caronna, Parks & Waterfront, 644-6970, x222
           
Actions:  Removed from the Consent Calendar by Councilmember Olds.  Moved, seconded, failed (Worthington/Spring; Noes – Armstrong, Olds, Shirek, Woolley, Dean; Abstain - Maio) a substitute motion to approve the City Manager recommendation related to terms of the conveyance including price and a deed restriction allowing no variance. 

Moved, seconded, carried (Armstrong/Olds; Noes – Breland, Worthington; Abstain – Maio,  Spring) a main motion to adopt first reading of an Ordinance accepting a quitclaim deed from BART and conveying the property for either $115,000 with a deed restriction allowing no variance or for $125,000 eliminating the deed restriction at the election of the purchaser.  Second reading scheduled for April 11, 2000.

Councilmember Maio announced she would recuse herself from voting as she owns property close to this location.

14. Support:  SB 1809, SB 1629, and SB 1772
From:  Councilmember Worthington
Recommendation:  Support Senate Bill 1809, the Balanced Transportation for Livable Communities Act of 2000 (Johnston); Senate Bill 1629, the Good Roads Bill (Sher); and Senate Bill 1772 (Brulte); and direct the City Clerk to send letters of support to State Senator Perata and all the members of the State Senate Transportation Committee.
Contact:  Kriss Worthington, District 7, 644-6398
Action:  Approved recommendation.

15. Support:  AB 1885, AB 2552, and AB 2767
From:  Councilmember Worthington
Recommendation:  Supports Assembly Bill 1885, Traffic Surveys – Pedestrian and Bicyclist Safety (Correa); Assembly Bill 2522, Pedestrian Crosswalks (Shelley); and Assembly Bill 2767 Traffic Surveys – Residential Density and Pedestrian and Bicyclist Safety (Jackson); and direct the City Clerk to send letters of support to State Assemblymembers Aroner, Bock and State Assembly Committee.
Contact:  Kriss Worthington, District 7, 644-6398
Action:  Approved recommendation.

16. Residential Parking Enforcement
From:  Councilmember Worthington
Recommendation:  Refer to the City Manager adding a Residential Parking Enforcement shift to the budget process in June for implementing a citywide Residential Parking Enforcement Program.
Contact:  Kriss Worthington, District 7, 644-6398
Action:  Approved recommendation.  

17. War on Drugs – Panel Discussion
From:  Councilmember Spring
Recommendation:  Approve a recommendation by representatives of the Department of Health and Human Services, Mental Health, Commission on Aging, Commission on Status of Women, Community Health Commission, Police Review Commission, Mental Health Commission, Peace and Justice Commission, Youth Commission, Commission on Labor, Parks and Recreation Commission, and Independent Task Force on Homelessness, to authorize the expenditure of up to $7,500 to fund a panel discussion on the effect of the “War on Drugs” policy in our neighborhoods and communities.
Contact:  Dona Spring, District 4, 644-6266
Action:  Approved recommendation amended 1) by Councilmember Spring to eliminate reference to the “Departments”; 2) by Mayor Dean to ensure the panelist present a balanced discussion on the topic; and 3) by the City Manager to clarify the funding for this will come out of the Department of Health and  Human Services budget and is not expected to cost more than a $1,000 plus staff resources.

18. Undergrounding of Utilities
From:  Utility Undergrounding Task Force
Recommendation:  Adopt a Resolution urging California Public Utilities Commission to rapidly accelerate the undergrounding of utilities in California and expedite implementation of AB 1149 amending rules for replacement of overhead electric and communication facilities.
Contact:  Shirley Dean, Mayor, 644-6484, Polly Armstrong, District 8, 644-6401, Betty Olds, District 6, 644-6399, Diane Woolley, District 5, 644-6294
Action:  Adopted Resolution No. 60,499-N.S.  

19. Excuse Mayor Dean from the April 11, 2000 Meeting
From:  Mayor Dean
Recommendation:  Excuse Mayor Dean from attending the April 11, 2000 Council meeting because of her participation in a U.S. Conference of Mayors delegation to the Twentieth Jerusalem Conference of Mayors.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Approved recommendation.

20. Proclamation:  Retiring Zoning Adjustment Board Appointees
From:  Mayor Dean
Recommendation:  Approve proclamations honoring retiring Zoning Adjustment Board appointees David Blake and Omar Baltan and present them at the meeting of April 11, 2000.
Contact:  Barbara Gilbert, Mayor’s Assistant, 644-6484
Action:  Approved Proclamations for presentation on April 11, 2000.

21. Support:  Retention of Midwife Panel at Alta Bates
From:  Community Health Commission
Recommendation:  Direct the City Clerk to write a letter to the Administration of Sutter Corp., Alta Bates Medical Center and Summit Medical Center, supporting the retention of the midwife panel at Alta Bates and urging the administration to negotiate a contract that includes malpractice insurance for midwives.
Contact:  William Rogers, Secretary, 665-6845
a. City Manager Report
Recommendation:  The City Manager concurs with the content and recommendations of the Commission's report and supports maintenance of all primary care services.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Approved recommendation.

Action Calendar


Appeals:

22. Housing Advisory Commission (HAC) Appeal of 1610 Oregon Street
a. Appeal filed by Lenora and Frank Moore
of the Housing Advisory Commission decision of February 24, 2000, which determined that the building located at 1610 Oregon Street is substandard and upholds the Building Official’s decision to require repairs to and vacation of the building in accordance with the provisions of Section 19.40.090 of the Berkeley Municipal Code, but extends the date to vacate to March 25, 2000; and further determines that while all code violations cited must be addressed, only the items stated in finding No. 2 must be addressed before the building can be re-occupied.
Contact:  Sherry Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: 
Adopt a Resolution affirming the decision of the Housing Advisory Commission requiring the owners of 1610 Oregon Street to complete the repairs on the property by March 25, 2000, as stated in finding number 2 of the Housing Advisory Commission (HAC) Decision of March 6, 2000.  The Housing Advisory Commission decision affirmed the Building Official’s two orders in all respects other than to extend the vacation date to March 25, 2000.
Contact:  Wendy Cosin, Planning, 755-8102

Actions:  Moved, seconded, carried (Spring/Olds; Noes – Breland, Shirek; Abstain – Armstrong/Woolley) to adopt Resolution No. 60,500-N.S. affirming the decision of the Housing Advisory Commission that repairs be completed as stated in finding number 2 of the Housing Advisory Commission’s Decision of March 6, 2000 and denying the appeal.

Moved, seconded, carried (Maio/Spring; Noes – Shirek) to direct staff to perform an assessment and analysis of what assistance, programs and services may be available to the owners in finding housing.

Old Business:

23. Decision on Public Hearing: Zoning Appeal of Use Permit #99-10000040-2336 Fifth Street (Public hearing closed and continued from March 28 meeting. Public hearing continued from March 21 meeting.  Reports and communications related to public hearing that were distributed to Council when the issue was first heard are not included. See agenda packet of February 22, 2000 for background information.  Items with * are included)
a. Appeal filed by Michael Goldin
of the Zoning Adjustments Board decision of October 28, 1999, which denied the construction of two commercial (office and live/work) buildings totaling 23,000 square feet; the construction of a building with a height of 35 feet where a maximum of 28 feet is prescribed for buildings containing live/work units; and the designation up to 10% of the required 39 parking spaces as bicycle parking spaces.
Contact:  Sherry Kelly, City Clerk, 644-6480
b. City Manager Report (February 8, 2000)

Recommendation:  Set the matter for a public hearing on March 21, 2000 to consider the proposed project and proposed housing and childcare mitigations to be submitted by the Office of Economic Development.
Contact:  Wendy Cosin, Planning and Development, 705-8102
c. City Manager Report (March 21, 2000)
Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution approving Use Permit #99-10000040, subject to floor plan modifications to make it consistent with the Zoning Ordinance, based on the Findings and subject to the Conditions of Approval and refer Table 23E.84.070 to the Zoning Revisions list.
Contact: Wendy Cosin, Planning and Development, 705-8102
d. Communication: (February 8, 2000)
1. Michael Goldin, Applicant
2. Robert Hourula, Sirpa Tuomainen, and Bob Howard, Fifth and Channing neighbors.
e. Communication:  (March 21, 2000)
1. Gene Poschman, Zoning Adjustments Board member
2. Joseph and Natalia Munoz
3. Stephanie Manning
4. Robert Hourula
5. Sirpa Tuomainen
6. Bob Howard
7. Jerry Sears and Mary White
8. Duplicate letter signed by Jeremy Anson and Meridee Carter, Clinton Dexter, Joe Guribe, Chris Zapit, Robert Hourula and Gunn Atirn.
9. Seth Wachtel
10. Stan Huncilman
f.  Supplemental Communication (March 21, 2000) 
11. Mary White
12. Rachel Rupert
13 .Cyrus Harmon
g.  Supplemental Information (April 4, 2000)    *
14. Jeremy Anson and Meridee Carter
15. Michael Goldin

Actions:  Moved, seconded (Breland/Spring) a main motion to remand the matter back to the Zoning Adjustments Board for purposes of  1) looking at a redesign of the bulk of the building on the east and south sides; 2) impact and issues related to parking supply and demand; 3) develop findings related to omissions of original staff report; and 4) directing the Zoning Adjustments Board to expedite the matter and to keep the Council informed.

Moved, seconded, carried (Armstrong/Woolley; Noes – Breland, Spring, Worthington) a substitute motion to adopt Resolution No. 60,501-N.S. overruling the Zoning Adjustments Board’s decision; upholding the appeal; and approving the project as revised with findings.

24. Berkeley Redevelopment Agency Annual Report for Fiscal Year 1998-99 (Removed from Consent Calendar by Mayor Dean.  Held over from March 21 and March 28, 2000)
From:  City Manager
Recommendation:  Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 1998-99.
Contact:  Wendy Cosin, Planning, 705-8102
Action:  Held over until April 11, 2000.

25. Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145) (moved from Information Reports to Action Calendar by Councilmember Spring.  Held over from March 28, 2000)
From:  City Manager
Contact:  Rene Cardinaux, Public Works, 665-3439
Action:   Held over to May 9, 2000 at the request of Councilmember Spring.

26. Purchase:  Microphone, Speaker(s) and Recording Device (removed from the Consent Calendar by Councilmember Armstrong.  Held over from March 14 and March 28, 2000)
From:  Councilmember Worthington
Recommendation:  Adopt a Resolution authorizing the purchase of microphone, speaker(s) and recording devices to be used at the General Plan meetings, Southside Plan meetings and other community meetings.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Held over to April 11, 2000.

27. Support S.B. 1995, Creation of a Congestion Reduction Plan  (removed from the Consent Calendar by Councilmember Breland.  Held over from March 28, 2000)
From:  Mayor Dean
Recommendation:  1) Support S.B. 1995 (Perata), which would require the Metropolitan Transportation Commission to: a) prepare and adopt a comprehensive congestion reduction plan, b) allocate transportation project funding to projects which are consistent with the plan and to give first priority for state and federal matching funds to those projects identified in the plan as high priority, and c) require the MTC and the state Department of Transportation (DOT) to prepare a plan for integrated transportation system management; 2) support mechanisms to provide for greater MTC rationality and accountability in decision making including:  the establishment of a nine-county Bay Area-wide transportation convention every two years, concomitant with the two-year update of the Regional Transportation Plan (RTP); and videotaping and broadcasting of MTC meetings; and 3) notify Senator Perata and the City's Sacramento lobbyist of the City's position.
Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484
Action:   Held over to April 11, 2000.

28. Establishment of Small Business Support Program (removed from the Consent Calendar by Mayor Dean.  Held over from February 22, March 14 and March 28, 2000)
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:  Item withdrawn by Mayor Dean.  (Mayor Dean asked the record to reflect that she thanked Councilmembers Armstrong and Woolley for their support.)

29. Small Business Preference Program (removed from the Consent Calendar by Councilmember Maio.  Held over from March 28, 2000) (to be delivered)
From:  Councilmembers Maio and Spring
Recommendation:  Direct the City Manager to develop a small business preference program that would have the following dimensions:  1) a "Preferred Berkeley Business" program including an emblem or decal that would be placed, prominently, on the storefronts of qualifying businesses, accompanied by a public education and promotional campaign to “buy Berkeley,” (similar to Green Business programs adopted elsewhere) and; 2) request staff and the Planning Commission develop planning and zoning proposals, similar to those offered in the book "Home Town Advantage” particularly for those retail growth areas that are opportunity sites for the location of large chains; and 3) refer to the Planning Commission and staff the Calistoga formula business ordinance and consideration of regulations related to formula businesses.
Contact:  Linda Maio, Councilmember District 1, 644-6359 and Dona Spring, Councilmember District 4, 644-6266
Action:  Moved, seconded, carried (Maio/Spring; Noes – Olds; Abstain – Armstrong, Shirek, Woolley) to approve the revised recommendation and amendments as shown above.

30. Council Subcommittee on City Manager Evaluation (removed from the Consent Calendar by Councilmember Maio.  Held over from March 28, 2000)
From:  Mayor Dean
Recommendation:  Appoint Councilmember Olds to the Subcommittee for the City Manager Performance Evaluation process.
Contact:  Tamlyn Bright, Mayor's Assistant, 644-6484
Action:  Held over to April 11, 2000.

31. Solano Stroll and Library of Congress Bicentennial Local Legacies Project (removed from the Consent Calendar by Mayor Dean.  Held over from March 28, 2000)
From:  Mayor Dean
Recommendation:  Direct the City Manager to reimburse the Solano Stroll Association $1134 for the costs associated with registering the Stroll as a Library of Congress Bicentennial Local Legacies Project.
Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484
Action:  Moved to the Consent Calendar by Councilmember Woolley and adopted Resolution No. 60,502-N.S. approving the recommendation as revised by Mayor Dean to indicate the funding will come from the General Fund, Special Events Budget as agreed upon with the City Manager.

32. Contracts:  University of California (held over from March 14 and March 28, 2000)
From:  Peace and Justice Commission
Recommendation:  Adopt a Resolution 1) providing that all proposals to contract with entities engaged in work for nuclear weapons, including any contracts between the University of California Berkeley and the City which involve the provision of revenue to the City, and the exchange of services without monetary compensation, except for the nine contracts specifically enumerated in Resolution No. 59,763-N.S., be subject to review by the Peace and Justice Commission, or other appropriate commissions, prior to being noticed on any Council agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing the Peace and Justice Commission (a) to continue to review any request for waiver of the Nuclear Free Berkeley Act for monetary contracts with the University of California; (b) that such review occur at least eight weeks prior to the time the contract is submitted to the Council, or at the earliest time when the City Manager becomes aware that actions being proposed will require a waiver of the Nuclear Free Berkeley Act; (c) that copies of such proposed contracts be made available for inspection and copying at a rate of no more then ten cents per page to any citizen prior to the listing of such contract on the Council agenda; (d) that notice of proposals to waive the Nuclear Free Berkeley Act be mailed free of charge to any person having an address within this City who seeks such notice by applying through the Office of the City Clerk; (e) such notice should advise persons of the dollar amount of the proposal, what types of services the proposed contract is for, the parties whom the contract is with, the date the matter is due to be brought before the Council, and that copies of the contract are available for inspection at the Office of the City Clerk; and (f) that any contract approved without following the above specified procedure shall be null and void.
Contact:  Manuel Hector, Secretary, 665-6880
a. City Manager Report
Recommendation:  Take no action until staff has a chance to review and comment on the report.  Staff will return to Council with an analysis and recommendation at the meeting of May 9, 2000.
Contact:  Fred Medrano, Health and Human Services, 644-6459
Action:  Held over to April 11, 2000.

33. Enforce Pedestrian Right of Way and Speed Laws on Martin Luther King Jr. Way
From:  Commission on Aging
Recommendation:  Council remind traffic police to enforce pedestrian right of way and speed laws, especially on Martin Luther King (MLK) Jr. Way.
Contact:  Manuel Hector, Secretary, 665-6880
a. City Manager Report
Recommendation:  The City Manager thanks the Commission on Aging for its recommendation, but the Police Department and the 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
b. Enforce Pedestrian Right of Way and Speed Laws on Martin Luther King Jr. Way (held over from March 28, 2000)
From:  Mayor Dean, Councilmembers Woolley, Olds, and Armstrong
Recommendation:  1) Intensify throughout the City the issuance of citations for violations of pedestrian safety and speeding; 2) seek higher fines for violations of pedestrian safety and speeding; 3) seek the re-instatement of mandatory Drivers Education in California High Schools; 4) report back to the Council in two months on the following, using the date of March 28, 2000 as the baseline for data comparison, inform the Council on the number of citations issued for violation of pedestrian safety and speeding and the number of accidents in which involved pedestrians and/or which involved speeding as a factor.  If possible compare this data in a five year period, so that intersections or traffic corridors can be identified for increased attention, either installation of Santa Rosa Lights, flashing lights, signs, and/or continued increased enforcement attention; 5) continue to provide the Council and public with data on this subject on a regular basis, to begin with quarterly, then every six months and finally on an annual basis; 6) re-refer the publication, Street Design Guidelines for Healthy Neighborhoods by Dan Burden, Center for Livable Communities to the Planning Commission and Transportation Commission for their consideration of policy recommendations to address this problem in the longer run.
Contact:  Shirley Dean, Mayor, 644-6484; Diane Woolley, Councilmember, District 5, 644-6294; Betty Olds, Councilmember, District 6, 644-6399; Polly Armstrong, Councilmember District 8, 644-6401
Action:  Held over to May 9, 2000 at the request of Councilmember Spring.

New Business:

34. Conflict of Interest (CR99-140)
From:  City Manager
Recommendation:  Direct the City Manager to prepare an ordinance precluding service on any board or commission or other City advisory body appointed by the Council if the body makes recommendations which lead to the making of a contract with the appointee or an entity for whom the appointee is an employee, officer, director or managing agent.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Held over to April 11, 2000.

35. Commission Term Limits and Leave of Absences (to be delivered)
From:  City Manager
Recommendation:  Adopt first reading of two ordinances amending: 1) Berkeley Municipal Code (BMC) Section 3.02.030 to provide that any break in service of a commissioner due to voluntary resignation within the last year of the commissioner’s eight consecutive year term limit on the commission shall not be deemed to interrupt the commissioner’s term of service for purposes of determining the commissioner’s eight-year term limit; and Berkeley Municipal Code (BMC) Section 3.02.040 to provide that commissioners may only take only one leave of absence, for a fixed period of three months in any two-year period, and only if the leave of absence is authorized by the appointing authority no less than one month in advance of the first commission meeting from which the commissioner seeks a leave of absence.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Held over to April 11, 2000.

36. Prince Hall Arms
From:  City Manager
Recommendation:  Provide direction to staff regarding the City’s position of support, neutrality or opposition regarding a reapplication to the California Tax Credit Allocation Committee for low-income housing tax credits for the Prince Hall Arms Senior Housing Project by the Most Worshipful Prince Hall Grand Lodge.
Contact:  Stephen Barton, Housing, 665-3481
Action:  Withdrawn by the City Manager.

37. Annual Berkeley Transit Pass
From:  Mayor Dean
Recommendation:  Establish a temporary Task Force on a Citywide Transit Pass.  This Task Force is to be composed of Mayor Dean and Councilmember Armstrong, two members of the Transportation Commission, and two members of the AC Transit Board of Directors, Miriam Hawley and one other.  The Task Force will be charged with developing a proposal for an annual Citywide Transit Pass which would allow Berkeley residents, and possibly those who work in Berkeley, unlimited rides on AC Transit, including transbay service in the same manner as UC Berkeley’s Class Pass.  The work of the Citywide Transit Pass Task Force is to be completed in no more than one year, and the proposal developed by this group is to be submitted to the Transportation Commission, and then to the City Council for final approval.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Held over to April 11, 2000.  

38. Bicycle Plan and the Bicycle Boulevard Design Tools and Guidelines
From:  Transportation Commission
Recommendation:  That the City Council 1) Make the finding that on the basis of the Initial Study, there is no substantial evidence that the project may have a significant effect on the environment; 2) approve the Negative Declaration; 3) adopt the Berkeley Bicycle Plan; and 4) authorize City staff to proceed with implementing the Bicycle Boulevard network outlined in the Berkeley Bicycle Plan, including authorization to: (a) use the Bicycle Boulevard Design Tools and Guidelines Report as a guiding document, and (b) apply for any grants which do not require a City match or Council resolution.
Contact:  Rochelle Wheeler, Secretary, 705-8131  
a. Bicycle Plan and the Bicycle Boulevard Design Tools and Guidelines
From:  City Manager
Recommendation:  Adopt a Resolution supporting the Transportation Commission action of March 16, 2000 to:  1) Make the finding that on the basis of the Initial Study, there is no substantial evidence that the project may have a significant effect on the environment; 2) approve the Negative Declaration; 3) adopt the Berkeley Bicycle Plan; and 4) authorize City staff to proceed with implementing the Bicycle Boulevard network outlined in the Berkeley Bicycle Plan, including authorization to: (a) use the Bicycle Boulevard Design Tools and Guidelines Report as a guiding document, and (b) apply for any grants which do not require a City match or Council resolution.
Contact:  Wendy Cosin, Planning, 705-8108
b. Bicycle Plan and the Bicycle Boulevard Design Tools
From:  Public Works Commission
Recommendation:  Support the Bicycle Boulevard Design Tools and Guidelines Report as an advisory document, but not as a basis for policy.
Contact:  Virginia Vafa, Secretary, 665-3440
c. Vertical Deflection Devices and the Bicycle Boulevard Report (part 1 held over from March 28, part 2 referred to Traffic Calming Subcommittee)
From:  Commission on Disability
Recommendation:  Direct the City Manager to endorse the "Bicycle Boulevard Design Tools and Guidelines" for the Transportation Commission because all vertical deflection devices have been removed; and that Council not consider vertical deflection devices in any plan for traffic calming for the City.
Contact:  Virginia Vafa, Secretary, 665-3440
d. City Manager Report
Recommendations:  1) Take no action to endorse the "Bicycle Boulevard Design Tools and Guidelines" until April 4 Council meeting when Transportation Commission will be presenting the Bicycle Boulevard Plan; and 2) the issue of vertical deflection devices has already been referred to the Traffic Calming Subcommittee, Bike Boulevard group and Commission on Disability.  This item should be taken up on a future agenda.
Contact:  Weldon Rucker, Deputy City Manager, 644-6580

Actions:  Moved, seconded, carried (Worthington/Breland; Absent – Maio, Shirek) to adopt Resolution No. 60,503-N.S. approving the City Manager’s recommendation (38a) amended to include 5) to facilitate a unified approach to bicycle, traffic and circulation issues in neighborhoods throughout the City, the Council encourages very close coordination with neighborhood groups and residents of bicycle boulevards, and 6) and while recommendation 5 is already implied within the Plan, it is being stated for emphasis.

Moved, seconded, carried (Spring/Olds; Noes – Armstrong, Woolley; Abstain – Breland, Shirek) to approve the City Manager’s recommendation (38d) to refer the issue of Vertical Deflection Devices to the Traffic Calming Subcommittee.

Moved, seconded, carried (Spring/Olds; Noes – Worthington; Abstain – Spring) to extend the moratorium on speed humps to include all Vertical Deflection Devices.

Communications

Action:  The following communications were read, noted and filed unless referred to the City Manager for a response:
Page No.

1. Dion Louise Aroner, regarding the letter of support of Assembly Bill 212. Worthington, Dean

2. Wendy Alfsen, regarding Sandwich City at 2022 Grant. Maio, Spring, Dean

3. Shelley Bergum, regarding immediate repair service for people with disabilities who use telephones as a lifeline. Breland, Worthington, Dean

4. Janet Levenson, Public Safety Building. Maio, Spring, Worthington, Dean

5. Golden Gate Audubon Society, regarding the proposed Spay/Neuter Ordinance.

6. Frederick Paonessa, regarding parking ticket.  Maio, Spring, Dean

7. Rachel Rupert, regarding Dr. Barbara Beno, President of Vista College.  

8. Daniel Caraco, regarding sale of Oxford Street parking lot.  Maio

9. Hank Resnik, regarding traffic circles. 

10. Hazel Norgren and James Wemmer, regarding special housing needs at 1725 University Avenue.  Maio, Dean

11. Stephen Wheeler, regarding traffic circles.  Worthington, Dean

12. Dona Spring, Councilmember, District 4, regarding bicycle plan.

Supplemental Communications
And Agenda Reports

Item 20 - Proclamation: Retiring Zoning Adjustment Board Appointee Dave Blake
1. Dona Spring, Councilmember District 4

Item 23 - Decision on Public Hearing: Zoning Appeal of Use Permit #99-10000040-2336 Fifth Street
2. Turk Kauffman   Breland, Dean
3. Joseph Slusky, College of Environmental Design   Breland, Dean
4. Katie Hawkinson   Breland, Dean
5. Bob Howard   Breland, Dean

Item 25 - Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145)
6. Nancy Holland   Worthington, Dean

Item 29 - Small Business Preference Program
7. Revised report.

Item 31 – Solano Stroll and Library of Congress Bicentennial Local Legacies Project
8. Revised report.

Item 33 - Enforce Pedestrian Right of Way and Speed Laws on Martin Luther King Jr. Way
9. Nancy Holland   Breland, Dean

Item 36 - Prince Hall Arms
10. James Gaskins

Item 38 – Bicycle Plan and the Bicycle Boulevard Design Tools and Guidelines
11. Zasa Swanson, Berkeley Partners for Parks
12. Councilmembers Spring and Maio
13. Michael Farrell
14. Duplicate letter from Michael Katz; Ted Gartner; Dave Blake; David Kessler; ; Francesco Fornarsiero; Robert Hardle; Ken Kramer; Norine Smith; Robert Somers; Greg Summers.

Aquatic Park Sound Wall
15. Bob Cooper, Jericho Coalition (handed out at the Council meeting).  Breland, Dean

Adjournment

Moved, seconded, carried (Worthington/Olds) to extend the meeting past 11:00 p.m., but not later than 12:00 a.m., to complete certain items. 

The meeting adjourned at 11:58 p.m. in memory of Beulah Rogers (1895-2000).


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