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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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SUMMARY
 
BERKELEY CITY COUNCIL REGULAR MEETING
 
TUESDAY, MAY 9, 2000

 

Preliminary Matters
  
Roll Call: 
8:10 p.m.  All present

 

Ceremonial Matters:

            a.            Proclamation Honoring Bob Burnett

            b.            Proclamation:  Bike to Work Week

            c.            Proclamation:  Older Americans Month

            Action:  Presented proclamations.

 

Comments From The City Manager: 

  Mother's Day picnics will be held on May 13 and 14 in Live and Cesar Chavez Parks.

A Pacific Islander Cultural Festival will be held on May 13 in Civic Center Park.

The Budget and Fiscal Management office received the Distinguished Budget Presentation Award for the Biennial Budget from the Government Finance Officers Association.

Report on the recent Love Bug virus reported no interruptions in City service.

Comments From The Public:  Ten speakers

Youth Forum:  No speakers

 

Consent Calendar  
 

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

 

1.         Recess Items  Confirming Actions Taken by the City Manager During Spring Recess:

a.  Grant Proposal:  Energy Codes and Standards

            From:  City Manager

            Recommendation:  Adopt a Resolution ratifying the City Manager's submittal of a grant proposal to PG&E in response to the Local Government Initiatives program and authorizing the City Manager to execute an agreement, and any amendments, with PG&E in an amount of approximately $80,000 for the period from June 2000 to June 2001.

            Contact:  Stephen Barton, Housing, 665-3481

            Action:  Adopted Resolution No. 60,525-N.S.

 

b.  Contract:  Fire Engine Repair

            From:  City Manager

Recommendation:  Adopt a Resolution ratifying the City Manager's execution of a contract with Opperman & Sons located in Healdsburg, California to expedite repairs to a first-line fire engine in an amount not to exceed $30,000.

Contact:  Rene Cardinaux, Public Works, 665-3460

            Action:  Adopted Resolution No. 60,526-N.S.

 

            c.  Aquatic Park Children's Playground Construction Plans

            From:  City Manager

Recommendation:  Adopt a Resolution ratifying the City Manager's approval of the Aquatic Park Children's Playground final constructions plans prepared by Leathers Associates.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

            Action:  Adopted Resolution No. 60,527-N.S.

 

            d.  Grant:  Shorebird Nature Center

            From:  City Manager

Recommendation:  Adopt a Resolution ratifying the City Manager's execution of a grant acceptance contract with the City of Palo Alto for $4,800 to go toward the photovoltaic system for the Shorebird Nature Center Straw Bale Building at the Berkeley Marina; and authorize expenditure authority for the $4,800 amount in the Parks and Waterfront budget.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

Action:  Adopted Resolution No. 60,528-N.S.

 

e.  Grant:  Shorebird Nature Center

            From:  City Manager

Recommendation:  Adopt a Resolution ratifying the City Manager's execution of a grant acceptance contract with the Strong Foundation for $2,500 to go toward the construction of the Shorebird Nature Center Straw Bale Building at the Berkeley Marina; and authorize expenditure authority for the $2,500 amount in the Parks and Waterfront budget.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

            Action:  Adopted Resolution No. 60,529-N.S.

 

2.         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. 60,530-N.S

 

3.         Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for the meetings of : 
a) March 21, 2000 (regular)
b) March 28, 2000 (regular)
c) April 4, 2000 (regular)
d) April 11, 2000 (closed)
e) April 11, 2000 (regular)
f)April 26, 2000 (special)

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

Action:  Approved minutes.

 

4.         Annual Training for Commissioners

            From:  City Manager

            Recommendation:  Adopt a Resolution requiring commission chairpersons and vice chairpersons to attend mandatory  annual training or to forfeit their positions as officers; encouraging attendance on a voluntary basis for other City commissioners; and reaffirming other duties and responsibilities of commission officers.

            Contact:  Sherry Kelly, City Clerk, 644-6480

            Action:  Adopted Resolution No. 60,531-N.S.

 

5.         Truck Route System (first reading vote: Absent - Dean)

            From:  City Manager

            Recommendation:  Adopt the second reading of an Ordinance amending Berkeley Municipal Code (BMC) 14.56 by adding Section 14.56.060 to designate a truck route system within the City.

            Contact:  Rene Cardinaux, Public Works, 644-6506

            Action:  Adopted second reading of Ordinance No. 6535- N.S. (Unanimous) Effective:  June 8, 2000.

 

6.         Franchise Agreement -Wireless Internet Service
            (first reading vote: Absent-Dean

            From:  City Manager

Recommendation:  Adopt the second reading of an Ordinance granting a non-exclusive two-year franchise including a 7.5% of gross revenue franchise fee to Metricom Inc. for the continued operation of a wireless internet service throughout the City by using radio repeaters attached to a maximum of one hundred streetlamp posts.

            Contact:  Chris Mead, Information Systems, 665-7661

            Action:  Adopted second reading of Ordinance No. 6536-N.S.  (Unanimous)  Effective:  June 8, 2000.

 

7.         Conveyance of Property:  1810 Grant Street (first and second readings – Noes – Breland, Worthington; Abstain – Maio, Spring)

            From:  City Manager

            Recommendation:  Adopt the second 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 either $115,000 or $125,000, depending on inclusion of deed restriction, to Nancy Salgado and Leigh Ziprin.

            Contact:  Lisa Caronna, Parks & Waterfront, 644-6970, x222

            Action:  Adopted second reading of Ordinance No. 6537-N.S.  Effective:  June 8, 2000.

 

8.         Ellis Ordinance

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 13.77.050.A. to correct clerical errors in recent amendments.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

            Action:  Adopted first reading of Ordinance.  Second reading May 16, 2000.

 

9.         Establish a Standing List for Closed Session Labor Negotiations

            From:  City Manager

            Recommendation:  Adopt a Resolution establishing a standing list of representatives designated to participate in Closed Session discussions with the City Council regarding labor negotiations with certain unions and/or salary and benefits for unrepresented employees.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

            Action:  Adopted Resolution No. 60,532-N.S.

 

10.       Settlement Agreement:  State Farm General Insurance Company, Intervenor

            From:  City Manager

            Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 802489-1 entitled State Farm General Insurance Company, plaintiff-in-intervention v. City of Berkeley, et al. in the amount of $65,000.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

            Action:  Adopted Resolution No. 60,533-N.S.

 

11.       Seismic Retrofit/Property Transfer Tax (CR 2000-31)

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.52.060 by adding subsection K.6 to allow up to one additional year to obtain rebates of real property transfer tax to pay for seismic retrofit work, and amending Section 7.52.040 to clarify the applicability of the tax and conform it to longstanding administrative interpretation.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

            Action:  Adopted first reading of Ordinance.  Second reading May 16, 2000.

 

12.       Supplementary Retirement and Income Plan I

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance to amend Berkeley Municipal Code (BMC) Section 4.36.803 and adding Section 4.36.808 to allow recovery of overpayments made to plan beneficiaries under the Supplementary Retirement and Income Plan I.

            Contact:  Ron Brown, Personnel, 665-7606

            Action:  Adopted first reading of Ordinance.  Second reading May 16, 2000.

 

13.       Establishment of the Director of Information Technology Classification

            From:  City Manager

            Recommendation:  Adopt a Resolution amending Resolution No. 59,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Director of Information Technology and adopt first reading of an Ordinance amending Chapter 2.45 of the Berkeley Municipal Code (BMC), to create the Department of Information Technology.

            Contact:  Ron Brown, Personnel, 665-7606

Action:  Adopted Resolution No. 60,534-N.S. and adopted first reading of Ordinance.  Second reading May 16, 2000.

 

14.       Contract:  Military Service Credit for Local Fire Members

            From:  City Manager

Recommendation:  1) Adopt a Resolution of Intention to amend the City's contract with the California Public Employees Retirement System (CalPERS) to provide Miliatry Service Credit as Public Service to local fire members; and 2) adopt first reading of an Ordinance to amend the City's contract with CalPERS to provide Military Service Credit as Public Service to local fire members.

Contact:  Ron Brown, Personnel, 665-7614

Action:  Adopted Resolution No. 60,535-N.S. and adopted first reading of Ordinance.  Second reading May 16, 2000.

 

15.       Rename Personnel Department "Human Resources Department"

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 2.46, to rename the Personnel Department the "Human Resources Department", effective July 1, 2000.

Contact:  Ron Brown, Personnel, 665-7614

Action:  Adopted first reading of ordinance.  (Noes - Armstrong)  Second reading May 16, 2000.

           

16.       Contract:  Excess Workers’ Compensation Insurance

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments and endorsements with Continental Casualty Company for $93,416 to pay the insurance premium and brokerage commission to Goldman Insurance for excess workers’ compensation insurance for the period of May 1, 2000 through May 1, 2001.

            Contact:  Ron Brown, Personnel, 665-7606

            Action:  Adopted Resolution No. 60,536-N.S.

 

17.       Grant:  Adeline Corridor Pedestrian/Bicycle Improvements Project

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to accept a $1 million grant from the Metropolitan Transportation Commission (MTC) Transportation for Livable Communities (TLC) Capital Program for the Adeline Corridor Pedestrian/Bicycle Improvements Project, and confirming the City matching funds for the project in the amount of $200,000.

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Adopted Resolution No. 60,537-N.S.

 

18.       Environmental Economy Program

            From:  City Manager

            Recommendation:  Set aside 15 minutes at a future meeting to hear a status report on the Sustainable Business Alliance:  Berkeley (SBA:B), the Green Resource Center and Berkeley’s Environmental Economy Program.

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Approved recommendation.

 

19.       High Tech Business Attraction and Job Training (CR 2000-47)

            From:  City Manager

            Recommendation:  Refer to the budget process up to $65,000 in support of a high tech business attraction and job training/placement initiative.

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Approved recommendation.

 

20.       Contract:  Microfilming Services

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Imagemax, Inc., extending the term for microfilming services; adding imaging process to the Scope of Services; and increasing the amount of the contract by $25,500.

            Contact:  Wendy Cosin, Planning & Development, 705-8102

            Action:  Adopted Resolution No. 60,538-N.S.

 

21.       Contract:  HIV Testing

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Berkeley Free Clinic to increase the amount by $7,929, for a total amount not to exceed $93,120, to perform the HIV antibody pre/post-test counseling for the period July 1, 1998 to June 30, 2000.

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

            Action:  Adopted Resolution No. 60,539-N.S.

 

22.       Joint Winter Shelter - Oakland Army Base

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to issue a payment in the amount of $35,011 to the City of Oakland, Community and Economic Development Agency, representing the City of Berkeley's pro-rata share of program expenses related to the Joint Winter Shelter Program operated at the Oakland Army Base.

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

            Action:  Adopted Resolution No. 60,540-N.S.

 

23.       Contract:  Prenatal through Preschool Initiative

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Hatchuel, Tabernik and Associates, Inc. to increase the amount by $17,000, for a total not to exceed $35,000, to facilitate the development of a strategic plan for the Prenatal Through Preschool Initiative and provide evaluation expertise.

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

Action:  Adopted Resolution No. 60,541-N.S.

 

24.       Grant:  California Law Enforcement Technology Equipment
            Purchase Program

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a $115,500 grant from the State Office of Criminal Justice Planning, California Law Enforcement Technology Equipment Purchase Program and execute any resultant agreements and amendments.

Contact:  D. E. Butler, Police, 644-6568

            Action:  Adopted Resolution No. 60,542-N.S.

 

25.       Appropriation Ordinance Amendment

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Appropriations Ordinance No. 6502-N.S., establishing authorized appropriations for FY2000.

Contact: Phil Kamlarz, 644-6580

            Action:  Adopted first reading of Ordinance.  Second reading May 16, 2000.

 

26.       Audits of Grants Billing

            From:  Auditor

Recommendation:  Request the City Manager to review the planned and actual resources devoted to implementing the audit recommendations regarding grants accounting, and report to Council by October 17, 2000 regarding resources used and progress made during the next four months.

Contact:  Ann-Marie Hogan, Auditor, 644-6440

            Action:  Approved recommendation.

 

27.       Proclamation in Honor of Matt Wangeman

            From:  Councilmember Spring

Recommendation:  Adopt a Proclamation of appreciation to Matt Wangeman, retiring Disabilities Commissioner who will soon be moving to Arizona.  Proclamation to be presented at the May 23 meeting.

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

            Action:  Approved recommendation.

 

28.       Budget Referral:  Strawberry Creek Lodge Meal Program

            From:  Councilmember Breland

            Recommendation:  Refer to the budget process a request for $35,000 for one time funding of the meal program at Strawberry Creek Lodge.

            Contact:  Margaret Breland, Councilmember District 2, 644-6400

            Action:  Approved recommendation.

 

29.       Budget Referral:  Hope Pre-Recovery Program

            From:  Councilmember Breland

            Recommendation:  Refer to the budget process a request for $20,850 for funding of the Hope Pre-Recovery program (Hope PREP) sponsored by Jubilee Restoration, Inc.

            Contact:  Margaret Breland, Councilmember District 2, 644-6400

            Action:  Approved recommendation.

 

30.       Support for AB 2412 and Other Measures Relating to Internet

            Sales Taxation

            From:  Mayor Dean

Recommendation:  1) Support AB 2412 (Migden, Aroner) which amends the sales and use tax law to clarify and restate how the existing nexus rules apply to Internet retailers; 2) request that Assemblymembers Migden and Aroner help develop a streamlined and simplified sales tax structure which will make it easier for remote sellers to collect and remit sales taxes, and for the State and its citizens to benefit from its vast population and purchasing power by appropriately taxing consumption of goods; 3) request that the City Clerk notify the bill's sponsors, the City's Sacramento lobbyist, and each of the five board members of the State Board of Equalization of these positions; and 4) request that the City Clerk forward the attached letter to each of the five board members of the State Board of Equalization, which letter calls for immediate enforcement of existing sales tax law against specified major violators.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

            Action:  Approved recommendation.

 

31.       City Policy Regarding Internet Taxation

            From:  Mayor Dean

Recommendation:  Adopt a Resolution relating to Internet taxation, and have the City Clerk forward a copy to our State representatives, Federal representatives, the members of the State Board of Equalization, and the City's Sacramento and Washington lobbyists.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

            Action:  Adopted Resolution No. 60,543-N.S.

 

32.       Saving and Restoring San Francisco Bay

            From:  Mayor Dean

Recommendation:  1) Oppose SB 1562 (Burton) which would weaken basic environmental protection law as it impacts upon the San Francisco Bay, and seems to be designed mainly to lower the environmental threshold for expansion of the San Francisco International Airport; 2) request that the City Clerk notify the bill's sponsor, the City's Sacramento lobbyist, Save San Francisco Bay Association, the Bay Conservation and Development Commission (BCDC), Audubon California, and the Golden Gate Audubon Society of the City's positions; and 3) support the Audubon Society's initiative to obtain $1 billion support to substantially restore San Francisco Bay to its former glory and ward off further deleterious development, and ask the City Clerk to notify Audubon California of the City's support.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

            Action:  Approved recommendation.

 

33.       Prohibiting the Holding of Public Meetings on Major Religious Holidays

            From:  Mayor Dean

Recommendation:  Immediately, and subsequently in early December of each year, the City Manager direct his staff to prepare a calendar of major religious holidays and distribute this calendar to the secretaries of all City boards, commissions, task forces, and other relevant groups, along with reiteration of the City policy to prohibit meetings on these dates.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

            Action:  Withdrawn by Mayor Dean.

 

34.       Animal Care and Control

            From:  Mayor Dean

            Recommendation:  Refer the following matters to the Citizens Humane Commission for review and report back to the Council within thirty days, or as close to thirty days as possible:  1) possible opposition to AB 2754 (Strom-Martin) which would shorten the required holding periods for animals held in public and private shelters; and 2) possible support for AB 2102 (Strom-Martin) which would provide an income tax checkoff contribution for the newly created Animal Population Control Fund.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

Action:  Approved recommendation that the Council not refer the matter but rather state their opposition to AB 2754 and support of AB 2101 and direct the City Clerk to send letters.

 

35.       Naming the New Public Safety Building and Its Plaza

            From:  Mayor Dean

            Recommendation:  Adopt a Resolution naming the new Public Safety Budilding after Police Officer Ronald T. Tsukamoto who was the first Berkeley police officer murdered in the line of duty, and naming the building plaza after Police Officer Jimmie Rutledge who was the second and only other police officer murdered in the line of duty.

Contact:  Barbara Gilbert, Mayor's Assistant, 644-6484

            Action:  Adopted Resolution No. 60,544-N.S.

 

36.       Proclamation Honoring Resources for Community Development (RCD)

            From:  Councilmember Maio

Recommendation:  Approve the reading of a proclamation at the May 23 Council meeting in recognition of RCD's 15th anniversary.

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

            Action:  Approved recommendation.

 

37.       Support for Assembly Bill 1913 - Youth Initiative

            From:  Councilmembers Maio, Breland and Shirek

Recommendation:  Send a letter to Assemblymember Tony Cardenas modeled after that drafted by the group Youth Initiatives in support of Assembly Bill 1913 (AB1913), which he is sponsoring.

Contact:  Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243

            Action:  Approved recommendation.

 

38.       Transfer Station Improvements

            From:  Councilmember Maio

Recommendation:  The Manager review the events described in a story that appeared recently in the East Bay Express and prepare a written response to the Council before the end of June, 2000.

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

Action:  Withdrawn by Councilmember Maio.

 

39.       Proclamation and Waiver of Fees for Women for Peace Mother's Day
            2000 Picnic

            From:  Councilmember Worthington

Recommendation:  Waive all permit fees and sound fees for the Women for Peace on Sunday May 14, 2000.  Approve and support the proclamation proclaiming May 14 as day to advocate peace and celebrate the traditional roots of Mother's Day with an old-fashioned picnic of oratory and entertainment.

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

            Action:  Adopted Resolution No. 60,545-N.S.

 

40.       Public Safety Building Tower

            From:  Councilmember Spring

Recommendation:  Refer the request for $10,000 to the budget process for the MAGNA neighborhood group for professional assistance in dealing with the Public Safety Tower.

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

Action:  Removed from the Consent Calendar by Councilmember Armstrong and held over to May 16, 2000.

 

41.       Waiver of Fees for San Francisco Mime Troop

            From:  Councilmembers Spring, Maio and Worthington

Recommendation:  Adopt a Resolution requesting that the City Manager issue permits and waive the fees for the S.F. Mime Troop performances on an annual basis.

Contact:  Dona Spring, Councilmember District 4, 644-6266; Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398

Action:  Adopted Resolution No. 60,546-N.S. as amended by Councilmember Maio to limit waiver for up to five events and provide that the Troop will work with the City on scheduling events.

 

42.       Equity for Councilmembers on City Mailings and Cable Television Access

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution giving equity for Councilmembers on City mailings and cable television access; and request that funds be allocated for this purpose.

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

Action:  Revised by Councilmember Spring and removed from the Consent Calendar by Mayor Dean and held over to May 23, 2000.

 

43.       Parking Issues for Home Health Care Workers and Community
            Service Program

            From:  Councilmember Spring

Recommendation:  Request the City Manager waive all current outstanding parking fees for individuals who received them in permit parking zones while providing in-home support services to elderly or disabled residents; that a sign be prominently posted at the parking permit services office informing the public that special parking permits for in-home health service providers are available; and that the reimbursement for community service in lieu of parking ticket fines increase from $5.00 an hour to $7.00 an hour.

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

Action:  Removed from the Consent Calendar by Councilmember Olds and held over to May 23, 2000.

44.       Preventing Homelessness

            From:  Councilmember Spring

Recommendation:  Grant an emergency $8000 to insure that Section 8 holders not lose their leases or Section 8 certificates due to financial hardship and request the Housing Director return with a proposal by midterm budget in June 2000 with a proposal of financial assistance required to make this program operate on an ongoing basis.

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

Action:  Removed from the Consent Calendar by Councilmember Armstrong and held over to May 23, 2000.

 

45.       Endorse the May 13, 2000 Mobilization and Rally to Stop the Execution of Mumia Abu-Jamal

            From:  Councilmembers Spring, Worthington, Maio and Vice Mayor Shirek

            Recommendation:  Adopt a Resolution endorsing the May 13, 2000 mobilization and rally to stop the execution of Mumia Abu-Jamal; an effort to get him a new trial; request the City Manager send the resolution to the Mobilization to Free Mumia Abu-Jamal.

            Contact:  Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644-6243.

Action:  Adopted Resolution No. 60,547-N.S.  (Noes - Armstrong, Olds, Dean)

 

46.       5-Year Street Plan Update

            From:  Public Works Commission

            Recommendation:  Adopt a Resolution adopting the proposed update of the 5-Year Street Plan for FY 2001-2005.

            Contact:  Virginia Vafa, Secretary, 644-6506

            City Manager Report - The City Manager concurs with the recommendations of the Commission.

            Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Removed from the Consent Calendar by Councilmember Spring and held over to May 23, 2000.

 

47.       Honoring Andreas Toupadakis

            From:  Peace and Justice Commission

            Recommendation:  Adopt a Resolution recognizing and supporting the contribution by Andreas Toupadakis toward world peace and nuclear disarmament by resigning from his $91,000 a year job at Lawrence Livermore National Laboratory (LLNL); send a letter requesting action in support of Mr. Toupadakis and a copy of the Resolution to the Regents of the University of California, President Bill Clinton, and Secretary General Kofi Annan of the United Nations; and direct the Public Information Officer to issue a press release publicizing the adoption of this Resolution and urging all scientists working for the nuclear industry to take similar actions to resign from their jobs in the service of world peace.

            City Manager Report

            Recommendation:  The City Manger takes no position on this subject.

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

            Action:  Adopted Resolution No. 60,548-N.S. (Abstain - Armstrong)

 

48.       Oppose Senate Bill 2133 - Police Statements Regarding False Complaints

            From:  Police Review Commission

            Recommendation:  Establish a position in opposition to Senate Bill 2133 and that letters be sent to Senator Polanco and members of the Senate Public Safety Committee expressing opposition to the bill.  The bill requires police officers taking citizen complaints to read a statement advising the complainants they can be prosecuted if they file a false complaint.

            Contact:  Barbara Attard, Police Review Commission Officer, 644-6716

            City Manager Report

            Recommendation:  The City Manager takes no position on this subject.

            Contact:  D. E. Butler, Police, 644-6568

            Action:  Approved recommendation.

   

Action Calender
 

49.       Presentation:  FY2000 and FY2001 Mid-Biennial Budget Review
           
(to be delivered)

            From:  City Manager

Recommendation:  The Council has adopted a process to hold a budget work session on May 23rd; hold public hearings on the budget on June 6th and June 20th; to present any budget amendments on June 13th; and to adopt the budget on June 27th.

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

            Action:  Heard presentation.

 

Old Business:

 

50.       Minutes for Approval (removed by Mayor Dean at the March 14 Council meeting) (Held over from April 11, 2000)
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) February 15, 2000 (regular) and b) February 22, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

            Action:  Moved to Consent Calendar by Councilmember Olds.  Approved minutes

 

51.       Commission Term Limits and Leave of Absences (held over from April 4 and April 11, 2000)

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 May 23, 2000.

 

52.       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 and April 4, 2000)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 665-3439

            Action:  Held over to May 23, 2000.

 

53.       Civic Center Building Addition Bond Measure (removed from the Consent Calendar by Councilmember Armstrong.  Held over from April 11, 2000)

            From:  Councilmember Spring

            Recommendation:  Refer a request to the City Manager to explore the fiscal impact on residents of an $8 million bond measure on the November 2000 ballot to complete the Civic Center Building process by building an addition with parking, in the location of the current Hall of Justice building, to replace lost space due to the Civic Center retrofit.

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

            Action:  Held over to May 23, 2000.

54.       Berkeley Redevelopment Agency Annual Report for Fiscal Year 1998-99 (Removed from Consent Calendar by Mayor Dean.  Held over from March 21, March 28 and April 4, April 11, 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:  Moved to Consent Calendar by Councilmember Olds.  Adopted Resolution No. 60,549-N.S.

 

55.       Conflict of Interest (CR99-140) 
            (held over from April 4 and April 11, 2000)

            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 May 23, 2000.

 

56.       Council Subcommittee on City Manager Evaluation (removed from the Consent Calendar by Councilmember Maio.  Held over from March 28, April 4 and April 11, 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 May 23, 2000.

 

57.       Support S.B. 1995, Creation of a Congestion Reduction Plan  (removed from the Consent Calendar by Councilmember Breland.  Held over from March 28, April 4 and April 11, 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:  Action was taken on April 11, 2000.

 

58.       Annual Berkeley Transit Pass (held over from April 4 and April 11, 2000)

            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 May 23, 2000.

 

59.       Contracts:  University of California (held over from March 14, March 28, April 4 and April 11, 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:  Not approve the recommendations contained in the Peace and Justice Commission's report, and reaffirm its commitment to the spirit of the Nuclear Free Berkeley Act by affirming the current process for granting waiver requests of section 12.90.070 of the Berkeley Municipal Code for contracts with the University of California, Berkeley.  The Peace and Justice Commission's recommendations would add procedures to the administrative process for approving waiver requests for contracts that involve the provision of revenue or the exchange of services without monetary compensation without improving compliance with or strengthening the provisions of the Nuclear Free Berkeley Act.

Contact:  Fred Medrano, Health and Human Services, 644-6459

Action:  Held over to May 23, 2000.

 

60.       Animal Shelter – Containment of Disease (CR40-2000) (held over from April 11 meeting by the City Manager))

            From:  City Manager

            Contact:  Dash Butler, Police, 644-6568

Action:  Moved to Reports for Information by Councilmember Olds.

 

New Business:

 

61.       Cragmont Water Tank (CR 2000-42)

            From:  City Manager

            Recommendation:  Conduct a discussion on the proposed validation action for the use of Measure G funds to purchase the Cragmont Water Tank from the East Bay Municipal Utility District (EBMUD) and direct the City Manager to proceed with the validation action project.

            Contact:  Reginald Garcia, Fire Department, 644-6665

Action:  Moved to Consent Calendar by the City Manager providing the date of June 20 for the discussion.

 

62.       Bicycle and Pedestrian Safety

            From:  Bicycle and Pedestrian Safety Task Force (BAPS)

            Recommendation:  Adopt a Resolution approving the Berkeley Bicycle and Pedestrian Safety Task Force Evaluation and Recommendations Report and allocate $50,000 in FY 2001 from the General Fund to implement strategies to reduce traffic-related injuries sustained by bicyclists and pedestrians.

            Contact:  Dina Quan, Secretary, 665-6839

Community Health Commission Report

Recommendation:  Adopt the Bicycle and Pedestrian Safety Task Force Evaluation and Recommendations

Contact:  William Rogers, Secretary, 665-6845

Transportation Commission Report

Recommendation:  Adopt the Bicycle and Pedestrian Safety Task Force Evaluation and Recommendations report taking into account Commissioners' additions.

Contact:  Nathan Landau, Secretary, 705-8136

            City Manager Report

            Recommendation:  The Bicycle and Pedestrian Safety Task Force Evaluation and Recommendations Report is the result of a collaborative effort involving staff from the Planning, Health and Human Services, Public Works and Police Departments, and representatives from the Planning, Community Health and Transportation Commissions.  Staff supports the recommendation outlining a comprehensive five-year plan to increase the safety of bicyclists and pedestrians in Berkeley.  However, other recommendations contained in this report affect budget and programs.  Please refer these recommendations to the budget process.

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

Action:  Moved to the Consent Calendar by Councilmember Olds and adopted Resolution No. 60,550-N.S.  Requested that a fifteen minute presentation be scheduled for a future meeting.

 

63.       Off-Leash Dog Area at Cesar Chavez Park

            From:  City Manager

            Recommendation:  Based on findings of a one-year trial, approve the seventeen acre off-leash dog area at Cesar Chavez Park as an off-leash dog area, with quarterly monitoring to be conducted by City staff, and maintenance of the area to be done by a collaboration between Department of Parks and Waterfront and the citizen’s group Friends of Cesar Chavez Park.  It is also recommended that the following steps be taken to improve the off-leash program:  1) replace the straw bales that demarcate the area with unobtrusive demarcations to clearly identify the area; 2) improve signage for the Natural Protected Area; 3) continue patrolling and enforcement by Animal Control; 4) improve disabled access by extending the asphalt walkway at the southern end into off-leash area;  and 5) continue monitoring the Park and educating the public in partnership with Friends of Cesar Chavez Park and other interested individuals and responsible community.

            Contact:  Lisa Caronna, Parks & Waterfront, 644-6943,x222

Action:  Moved, seconded, carried (Worthington/Armstrong; Absent - Shirek) to adopt Resolution No. 60,551-N.S.  Councilmember Maio requested signs mark the wildlife habitat areas; maps be available to hand out defining the off-leash areas; and to refer to the budget process the matter of providing additional animal control in the park.  Councilmember Spring requested that the City Manager investigate "invisible" fences.

 

64.       1999-2000 Housing Trust Fund Proposals

            From:  City Manager

Recommendation:  Adopt a Resolution approving fund reservations in the amount of $2,002,214 for the project proposals from the FY1999-2000 Housing Trust Fund (HTF), with conditions and authorizing the City Manager to execute Loan Agreements and other loan documents related to fund reservations.

Contact:  Stephen Barton, Housing, 665-3481
 

Actions:  Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 60,552-N.S. approving Items 1) Adeline Street Apartments; 2) Build House; 3) Picante House; and 4) Haste Street House.

 

Moved, seconded, carried (Spring/Breland; Absent - Maio) to continue Item 5, Flamingo House, to June 13 requesting that the developer meet with the neighbors to inform them better on all issues of the development. (Councilmember Maio recused herself due to a conflict of interest as she leases property within 300 feet of the proposed project and left the room during the discussion and action.)

 

65.       Potential November 2000 Ballot Measures

            From:  City Manager

Recommendation:  1) Provide policy direction on the following ballot measures:  a) Fire Safety Tax; b) Tax for Affordable Housing; c) Hotel Tax increase for public arts; and d) bonds for retrofit and expansion of City Hall, Youth Center, Animal Shelter, and Warm Water Pool; and 2) confirm previous action to place the following measures on the ballot: a) Gann Overrides for Library, Parks, Paramedic Tax, b) increase Parks Tax for maintenance of new projects annual increase $500,000, c) increase Streetlighting - Special Tax annual increase $300,000, d) bonds for the Library branches - up to $5 million, e) increase in Low-Income Housing units - permitted under Article 34, and f) Business License Tax correction for professional classifications.

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

 

Action:  Councilmembers expressed interest in additional ballot measures which would include funds for University Avenue medians and streetscape improvements, the Warm Water Pool, health services and affordable housing.  Councilmembers asked staff for additional information regarding the fire station and combining bond measures.  Reports to be presented on May 23, 2000.

 

66.       Ballot Measure to Complete the Civic Center Building Project

            From:  Councilmember Spring

Recommendation:  Refer a request to the City Manager to explore the fiscal impact on residents of an $8 million bond measure on the November 2000 ballot to complete the Civic Center Building process by building an addition with parking, in the location of the current Hall of Justice building, to replace lost space due to the Civic Center retrofit.

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

Action:  Held over to May 23, 2000.
 

Information Reports
  

67.       Statistics of Arrests of Women reporting Domestic Violence (CR 99-175)

            From:  City Manager

            Contact:  Dash Butler, Police, 644-6062

Action:  Moved to Action Calendar by Councilmember Breland.  Commended the Police Department on the report.  Moved, seconded, carried (Breland/Armstrong) to move to Information Reports.  Received and filed.

 

68.       Berkeley Unified School District (BUSD) Safety Plan

            From:  City Manager

            Contact:  Dash Butler, Police, 644-6062

Action:  Moved to Action Calendar by Councilmember Breland.  Commended the Police Department on the report.  Moved, seconded, carried (Breland/Armstrong) to move to Information Reports.  Received and filed.

 

69.       10th Anniversary of the Housing Trust Fund (HTF)

            From:  City Manager

            Contact:  Stephen Barton, Housing, 665-3481

            Action:  Received and filed.

 

70.       Investment Report - March 2000

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

            Action:  Received and filed.

 

71.       Public Safety Building Communications Tower

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 665-3460

            Action:  Received and filed.

 

72.       Formal Bid Solicitations and Requests for Proposals Scheduled for Possible Issue in the Next 30 Days

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

            Action:  Received and filed.

   

Communications
 

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

Page No.

 

1.         Re:  off leash area at Cesar Chavez Park.

a.  John Ewing, Chair, SF DOG, SF Dog Owners Group

b.  Cathy Valdez

c.  Eleanor Yukic, Chair, Point Isabel Dog Owners and Friends

d.  Susan Rouzi; Curtis Gray; Ann Stewart; Gail Mandella;
     Mike Hughes

e.  Lynn Weaver

f.  Michael Smith, M.D.

 

2.        Bill Clinton, President, re summer employment programs for young people.
           Breland

 

3.         Resolution condemning human rights violations in Mexico.

a.  Jeff Conant

b.  Global Exchange

 

4.         Jesse Townley, Executive Director of Easy Does It, and Peter Trier, President, re evaluation of Easy Does It.

 

5.         Re:  Communications Tower

a.  Erica Etelson

b.  Rob Browning

c.  Josh Maddox and Kathi Pugh

d.  Victor J. Lab

e.  Bob Marsh

 

6.         Anne Marselis, re 2724A Garber Street problems.

 

7.         Patrick Kennedy, re Oxford Street Development

 

8.         RE:  Project at 1725 University

a.  Hazel Norgren and James Wemmer

b.  Walter Wood

c.  Walter Wood

d.  Connie Hwang

e.  Robert and Diane Leech

f.  Marie Carayanis

g.  Marie Carayanis

h.  Walter H. Wood

i.  Wanda Remmers, Director, Affordable Housing Advocacy Project
    (AHAP)   
j.  Mario Assadi, Redfern Property Management 

9.        Ted Lempert, Assemblyman, 21st District, re Assembly Bill 1784.

 

10.      Stephen Jory, re street light shield at 1370 Euclid.

 

11.      Millicent Yee, re airplane noise over Richmond.
           Maio

 

12.       Mary Perkins, re UC Surge Building project.

 

13.       Re General Plan

            a.  Patrick Kennedy

            b.  Walter H. Wood

 

14.       Phyllis Mandel, re LaserLink/LCP at 1090 Heinz Avenue

 

15.       Lisa Hawley, Ryan Smith and Deane Maekin, re closure of Derby Street.  Breland

 

16.       Andrea Williams, re parking structure on 4th Street.

 

17.       Kate Bernier and Roberto Traina, re project at 1728 Delaware Street.  Spring

 

18.       John T. Jones, M.D., re attendant care.  Breland

 

19.       Steven Finacom, re height limits on development

 

21.       Patrick Kennedy, re affordable housing market

 

22.       Letter signed by 15 individuals re meetings held on Passover.  Breland

 

23.       Anne Marselis

 

24        Re: 1301 Oxford Development  Spring

            a.  Carla Koop

b.  Letter signed by 66 individuals

 

25.       Denise Beck, re Oxford Street development.

 

26.       Ken Bukowski, Councilmember, City of Emeryville, re Aquatic Park wall.  Olds

 

27.       Re Pedestrian Safety Plan.

            a.  Yael Lurie

b.  Kirk McCarthy

 

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

 

29.       Pamela M. Doolan, Director, Berkeley Board of Education re Cesar Chavez Solar Calendar and Educational Curriculum Projects.  Breland

 

Supplemental Communications

And Agenda Reports

 

Item 35 - Name the New Public Safety Building and Its Plaza

30.        Randolph Files, President, Berkeley Police Association

 

Item 40 and Item 71- Public Safety Building Tower

31.       Vito Lab

32.       Dave Williamson   Spring

 

Item 42 - Equity for Councilmembers on City Mailings and Cable Television Access

33.       Councilmember Dona Spring, revised report and resolution
 

Item 63 - Off Leash Dog Area at Cesar Chavez Park

34.       Tony Warwick

 

Item 64 - 1999-2000 Housing Trust Fund Proposals

35.       Walter H. Wood

36,       Jeff Hobson and Kim Seashore

 

Item 65 - Potential November 2000 Ballot Measures

37.       Stefanie Endler

38.       Yvette Chalom

39.       Petition signed by 120 people who use warm water pool.

40.       Dion Aroner, Assemblymember, State Capitol, Sacramento

41.       Letter signed by 29 Alta Bates/Herrick professionals

42.       Rick Spittler, Executive Director, BORP

43.       Charlie Betcher, Chair, Commission on Aging; Commissioner, Commission on Disabilities.

44.       Karen Rose

45.       Elizabeth Grey, Research Librarian and National Clearinghouse Coordinator, Through the Looking Glass.

46.       John and Ebba Terry

47.       Ann L. Granberg

48.       Regina Minudri, 836 The Alameda

49.       Dory Maxon, PT, PCS, MEd, Director, Special Needs Aquatic Program

50.       Miya Rodolfo-Sioson, Chair, Commission on Disability

51.       Vera A. Franklin, parent

52.       Gail Clardy, parent

53.       Bill Joyce, BHS Special Education Teacher

54.       Paul Preston
 

Adjournment

 

Moved, seconded, carried (Olds/Breland;  Absent - Maio) to extend the meeting until midnight. 

 

Meeting adjourned at 12:00 a.m.


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