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   SUMMARY

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, MAY 16, 2000

 Preliminary Matters

Roll Call:  9:29 p.m.

Ceremonial Matters: 

            Proclamation:  National Public Works Week, May 16-22             
            Action:  Presented Proclamation.

Comments From The City Manager:  

Public Works Department Exhibit will be Saturday, May 20th from 11:00-2:00 at Civic Center Park.
Himalayan Fair will be held on May 20-21 at Live Oak Park.
Repaving projects in Berkeley are beginning and residents should be aware that some streets will be closed.

Comments From The Public:  Seven speakers.

Consent Calendar

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

  1. Ellis Ordinance (First and second readings vote:  unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second 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 second reading of Ordinance No. 6538-N.S.  Effective June 15, 2000. 
     

  2. Seismic Retrofit/Property Transfer Tax (CR 2000-31) (First and second readings vote:  unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second 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 second reading of Ordinance No. 6539-N.S.  Effective June 15, 2000. 
     

  3. Supplementary Retirement and Income Plan I (First and second readings vote:  unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second reading of an Ordinance amending 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 second reading of Ordinance No. 6540-N.S.  Effective June 15, 2000.
     

  4. Establishment of the Director of Information Technology Classification (First and second readings vote:  unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second 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 second reading of Ordinance No. 6541-N.S.  Effective June 15, 2000. 
     

  5. Contract:  Military Service Credit for Local Fire Members (First reading vote:  unanimous)
    From:  City Manager
    Recommendation: 
    Adopt second reading of an Ordinance amending 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:  Removed from the Consent Calendar by the City Manager and held over to June 13, 2000.
     

  6. Rename Personnel Department "Human Resources Department" (First and second readings vote: Noes - Armstrong)
    From:  City Manager
    Recommendation: 
    Adopt second 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 second reading of Ordinance No. 6542-N.S.  Effective June 15, 2000.
     

  7. Appropriation Ordinance Amendment (First and second readings vote:  unanimous)
    From: City Manager
    Recommendation
    :  Adopt second reading of an Ordinance amending Appropriations Ordinance No. 6502-N.S., establishing authorized appropriations for FY2000.
    Contact: Phil Kamlarz, 644-6580
    Action:  Adopted second reading of Ordinance No. 6543-N.S.  Effective June 15, 2000. 
     

  8. Grant:  Measure B Application, Paratransit Program
    From:  City Manager  
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to file a grant application with the Alameda County Board of Supervisors for an allocation of Alameda County Measure B funds in the amount of $146,693 for the Fiscal Year 2000-2001 Paratransit Program; and execute agreements and amendments, as necessary, with local transportation service providers to provide paratransit services for senior and disabled residents of Berkeley.
    Contact:  Stephen Barton, Housing, 665-3481
    Action:  Adopted Resolution No. 60,553-N.S.
     

  9. Agreement:  Low-Income Energy Program
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute U.S. Department of Energy Weatherization Assistance Program revenue agreement and any amendments with the State Department of Community Services and Development in the amount of $13,730 for the period April 1, 2000 through March 31, 2001, to provide weatherization assistance for eligible residents of Berkeley, Albany and Emeryville; approving the Priority Plan, and authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
    Contact:  Stephen Barton, Housing, 665-3481
    Action:  Adopted Resolution No. 60,554-N.S.
     

  10. Beverage Container Recycling
    From:  City Manager 
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to submit the funding request form to the Department of Conservation's Division of Recycling for $31,831 and to submit all necessary forms for the purposes of securing payments and implement and carry out the purposes specified in the Section 14581 (A)(4)(a) of the California Beverage Container Recycling and Litter Reduction Act and provide information regarding this program to the Division upon request.
    Contact:  Rene Cardinaux, Public Works, 665-3460
    Action:  Adopted Resolution No. 60,555-N.S.  (Abstain Maio)
     

  11. Street Lighting Assessment
    From:  City Manager
    Recommendation: 
    Adopt a Resolution declaring intention to 1) levy and collect assessments within the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Light Upgrading Assessment District 1999-1 for Fiscal Year 2001; and 2) establishing the hearing date of June 20, 2000.
    Contact:  Rene Cardinaux, Public Works, 665-3460
    Action:  Adopted Resolution No. 60,556-N.S.
     

  12. Contract:  Traffic Signal at Martin Luther King Jr. Way and Center Street
    From:  City Manager
    Recommendation: 
    Adopt a Resolution approving plans and specifications for the traffic signal project at Martin Luther King Jr. Way and Center Street; accepting the bid of Steiny and Company, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $108,000, for a period of 75 calendar days.
    Contact:  Rene Cardinaux, Public Works, 665-3460
    Action:  Adopted Resolution No. 60,557-N.S. 
     

  13. I-80 Overcrossing
    From:  City Manager
    Recommendation: 
    If the Redevelopment Agency adopts the required findings for funding this project, adopt a Resolution making parallel findings required to permit a Berkeley Redevelopment Agency funding contribution to the I-80 Overcrossing and authorizing the Executive Director to transfer $1,270,584 in Agency funds to the City.
    Contact:  Rene Cardinaux, Public Works, 665-3460
    Action:  Adopted Resolution No. 60,558-N.S.
     

  14. Contract:  Network Maintenance
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PCS Networks Inc. for network maintenance, for a total contract amount not to exceed $30,000 for the period May 16 to July 31, 2000.
    Contact:  Chris Mead, Information Systems, 665-7661
    Action:  Adopted Resolution No. 60,559-N.S.15.
     

  15. Landmarks Preservation Ordinance and Zoning Ordinance
    From:  City Manager
    Recommendation: 
    1) Direct staff to present its proposed amendments to the Landmarks Preservation Ordinance and Zoning Ordinance to the Planning Commission and Landmarks Preservation Commission within sixty days; 2) direct the Commissions to make recommendations on the proposed amendments at meetings within sixty days and to forward their comments to the City Council as information reports on July 25; and 3) direct staff to provide an action report to Council in September with final recommendations in light of the Commissions' comments.
    Contact:  Manuela Albuquerque, City Attorney, 644-6380
    Action:  Removed from the Consent Calendar by Vice Mayor Shirek and held over to May 23, 2000.   
     

  16. Food Vendor for Tuolumne Family Camp
    From:  City Manager
    Recommendation: 
    Adopt a Resolution awarding a purchase order to SYSCO Food Services of Modesto, Inc., for a twelve (12) month period beginning with the date of award, with the option to renew for up to five years, as per Specification F-8753-00, in and amount not to exceed $175,000 per camp season.
    Contact:  Fran David, Finance, 665-7401
    Action:  Adopted Resolution No. 60,560-N.S.  (Abstain - Spring)
     

  17. Endorse HR40, Reparation for African-Americans
    From:  Vice Mayor Shirek
    Recommendation: 
    Endorse U.S. Congressional House Resolution 40 (HR40) co-sponsored by Rep. Barbara Lee, to establish a commission to study reparation proposal for African Americans.
    Contact:  Maudelle Shirek, Councilmember District 3, 644-6243
    Action:  Approved recommendation.  (Abstain - Armstrong)
     

  18. Building Department Documents
    From:  Mayor Dean and Councilmember Olds
    Recommendation: 
    Request the City Manager investigate the situation of records and documents disappearing from files in the Building Department.
    Contact:  Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399
    Action:  Removed from the Consent Calendar by Vice Mayor Shirek.  Held over to meeting of May 23, 2000.
     

  19. Support for SB 1462 to Require On-site Veterinarians at All Rodeos
    From:  Councilmember Spring
    Recommendation: 
    Adopt a Resolution endorsing SB 1462 requiring on-site veterinarians at all rodeos, and request that the City Manager send a letter in support to State Senator Don Perata and other state elected officials and fax the members of the Senate Appropriations Committee.
    Contact:  Dona Spring, Councilmember District 4, 644-6266
    Action:  Adopted Resolution No. 60,561-N.S.  (Abstain - Armstrong)
     

  20. Waiving Fees for Downtown Events
    From:  Councilmember Spring
    Recommendation: 
    Request that the City Manager waive the fees for the upcoming summer downtown noontime musical events and assist the DBA in securing the permits.
    Contact:  Dona Spring, Councilmember District 4, 644-6266
    Action:  Adopted Resolution No. 60,562-N.S.
     

  21. Support for Downed Animals Protection Act - HR 443 and SB 515
    From:  Councilmember Spring
    Recommendation: 
    Adopt a Resolution endorsing HR 443 and SB 515, the Downed Animals Protection Act, and request the City Manager send a letter to our Federal elected officials asking them to support this legislation.
    Contact:  Dona Spring, Councilmember District 4, 644-6266
    Action:  Adopted Resolution No. 60,563-N.S.
     

  22. Budget Referral:  Dragon Boat Team
    From:  Mayor Dean
    Recommendation: 
    Refer to the budget process a request for $3,000 to fund miscellaneous expenses with the Dragon Boat races.
    Contact:  Shirley Dean, Mayor, 644-6484
    Action:  Approved recommendation.
     

  23. Ending Sanctions Against Mitsubishi Corp. Regarding Proposed Salt Works at Laguna San Ignacio, Mexico From:  Mayor Dean
    Recommendation: 
    1) Revoke the City's sanctions against the Mitsubishi Corp. (as imposed by Council action November 2, 1999, which were imposed to prevent the building of a salt factory at Laguna San Ignacio and the consequent destruction of the California Gray Whale and numerous other forms of wildlife at and around this Biosphere Reserve and World Heritage site; 2) request the City Clerk advise the California Public Employees Retirement System of this revocation with respect to purchases and divestment of stock in Mitsubishi and related entities; and 3) request the City Clerk write a letter to Mitsubishi advising it of the City's actions.
    Contact:  Shirley Dean, Mayor, 644-6484
    Action:  Removed from the Consent Calendar by Councilmember Worthington.  Held over to May 23, 2000.
     

  24. Support AB 1734 Income Tax Credit to Small Businesses Providing Health Insurance
    From:  Mayor Dean
    Recommendation: 
    1) Support AB 1734 introduced by Assemblymember Thomson, which would authorize a direct state tax credit to small business employers that provide health insurance to employees and dependents, the credit amount being the greater of a) $65 per month for each covered individual or dependent, or b) 50% of the total amount paid or incurred per month for that health coverage; and 2) direct the City Clerk to notify the bill's sponsor, our representatives in Sacramento, and the City's Sacramento lobbyist of the City's position.
    Contact:  Shirley Dean, Mayor, 644-6484
    Action:  Approved recommendation.   
     

  25. Planning for Codornices Creek
    From:  Mayor Dean
    Recommendation: 
    1) Request the City Manager (in conjunction with the City of Albany) write a letter to UC Berkeley Chancellor Berdahl regarding UC's current planning for Codornices Creek west of San Pablo Avenue.  The letter should express both cities' concerns about the current plans and request University planners meet with a delegation from both cities to hear a presentation urging the University to re-evaluate its plan for the restoration of the Creek; and 2) support the following composition of the delegation to meet with the UC representatives:  Two mayors (John Ely of Albany and Shirley Dean of Berkeley); two Councilmembers (one from Albany chosen by Albany, and Councilmember Maio from Berkeley who represents the area in question); one representative from Friends of Five Creeks (Susan Schwartz); one representative from Urban Creeks Council (Carole Schemmerling); two representatives from two Parks and Recreation Commissions (one from Albany, chosen by Albany, and Berkeley Parks and Recreation Commission Chair Carol Thornton); one representative of field users (Doug Fielding or designee from Association of Sports Field Users); two representatives from the Waterways Restoration Institute (WRI), two staff from the City of Berkeley (to be determined by Berkeley City Manager James Keene); two staff from the City of Albany (to be determined by Albany City Administrator Darren Fields.
    Contact:  Shirley Dean, Mayor, 644-6484
    Action:  Revised by Mayor Dean.  Removed from the Consent Calendar by Councilmember Worthington.  Held over to May 23, 2000.
     

  26. Income Eligibility for General Fund Services
    From:  Human Welfare and Community Action Commission
    Recommendation: 
    Adopt a Resolution increasing the income eligibility for the City's Community Action Agency General Fund support services to 200% of the Federal Poverty Level.
    Contact:  Marianne Graham, Secretary, 665-3475
    City Manager Report
    Recommendation: 
    Concurs with the content and recommendation of the Commission.
    Contact:  Stephen Barton, Housing, 665-3481
    Action:  Adopted Resolution No. 60,564-N.S.

Action Calendar

 

Public Hearing

  1. Public Safety Building Tower
    From:  City Manager
    Information Report from meeting of May 9
    Contact:  Rene Cardinaux, Public Works, 665-3460
    a.            From:  Councilmember Spring (From April 11)
    Recommendation:  Request a report on alternatives to the current location of the Public Safety Building tower by May 9 and set this issue for a public hearing on May 16 as the first or second public hearing of the evening.
    Contact:  Dona Spring, Councilmember District 4, 644-6266
    b.            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
    c.            From:  Councilmember Spring
    Information Item - Ordinances Protecting Views
    Contact:  Dona Spring, Councilmember District 4, 644-6266
    Public Testimony:  The Mayor opened the Public Hearing.  Eighteen speakers.  Moved, seconded, carried, (Armstrong/Maio) to close the public hearing.  Decision to be made May 23,2000.
     

  2. Public Hearings:  Establishment and Increase of City Fees, Rates and Other Charges
    a.
              Development Fees:  Permit Service Center Fund (to be delivered)
    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution 1) adopting the Consolidated Fee Schedule for the Permit Service Center Fund for all development related services provided by the Planning and Development Department; 2) rescinding the cap of $345,000 on all waivers and limiting future unfounded waivers to only seismic strengthening such that other waivers will only be granted with substitute funding authorized by the Council; and 3) rescinding Resolution No. 60,097-N.S.
    Contact:  Wendy Cosin, Planning and Development, 705-8108
    Public Testimony:  The Mayor opened the Public Hearing.  No speakers.  Moved, seconded, carried, (Worthington/Armstrong) to close the public hearing.  Decision to be made May 23, 2000.
     
    b.
                Fees:  Environmental Health
    Recommendation: 
    Conduct a public hearing and upon conclusion adopt four Resolutions revising fees for the Division of Environmental Health, Health and  Sanitation Permits and Fees, and rescind Resolutions No. 59,530-N.S., 59,531-N.S., 59,532-N.S., and 59,533-N.S.
    Contact:  Fred Medrano, Health and Human Services, 665-6879
    Public Testimony:  The Mayor opened the Public Hearing.  No speakers.  Moved, seconded, carried, (Armstrong/Maio) to close the public hearing.  Decision to be made May 23, 2000.
     
    c.            Recreation Programs

    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution increasing fees by 3% for Fiscal Year 2000-2001 and Fiscal Year 2001-2002 for all programs under the purview of Recreation; Aquatics; Sports; and Recreation Centers for adults and youth to cover the higher costs for program operations.
    Contact:  Fred Medrano, Health and Human Services, 665-6879
    Public Testimony:  The Mayor opened the Public Hearing.  No speakers.  Moved, seconded, carried, (Armstrong/Maio) to close the public hearing.  Decision to be made May 23, 2000.
     
    d.            Housing Code Enforcement Program
    Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution rescinding Capter A, Sections XI, XII, and XIV of Resolution No. 60,097-N.S. which sets the fees for housing code enforcement inspections, and establishing a revised fee schedule for housing code enforcement inspections.
    Contact:  Stephen Barton, Housing, 665-3481 
    Public Testimony:  The Mayor opened the Public Hearing.  No speakers.  Moved, seconded, carried, (Armstrong/Maio) to close the public hearing.  Decision to be made May 23, 2000.
     
    e.              2000-2001 Refuse Fund Rate Increase
    Recommendation:  Conduct a public hearing and upon conclusion adopt two Resolutions: 1) rescinding Resolution No. 60,316-N.S. and all amending resolutions, re-establishing the existing refuse collection districts in the City, and fixing and establishing rates for the collection of refuse therein; and 2) amending Sections 1(a), 1(b), 1(c), Sections 3(a), 3(b) and Section 4 of Resolution No. 60,064-N.S., establishing rates for the Transfer Station, to change the rates and add the effective date.
    Contact:  Rene Cardinaux, Public Works, 665-3460
    Public Testimony:  The Mayor opened the Public Hearing.  No speakers.  Moved, seconded, carried, (Armstrong/Maio) to close the public hearing.  Decision to be made May 23, 2000.

Communications

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

 

Page No.

  1. Cesar Chavez Memorial Solar Calendar project.
    a.  Archana Horsting, Kala Institute
    b.  David Glaser, Lawrence Hall of Science; Modesto Tamez, Exploratorium Teacher Institute; Alan Gould, Lawrence Hall of Science; Tory Brady, Exploratorium Teacher Institute; David Dearborn, Lawrence Livermore National Laboratory; Alane Alchorn, Lawrence Livermore National Laboratory.
    c.  Beatriz Leyvas-Cutler, Bay Area Hispanic Institute for Advancement; Aurora Chang, Early Academic Outreach Program UC; Salvador Murillo, Student Services, BUSD; Carlos Munoz, Professor, UC; Fr. George Crespin, Pastor, St. Joseph the Worker; Federico Chavez, Administrative Law Judge; Rev. Stacey Archuleta-Bart, Pastor, Temple Gethsemane; Leandro Duran, Attorney; Fr. Rigoberto Caloca-Rivas, Multicultural Institute; Allison Asturias, Rosa Parks School; Elvira Rose, Former Manager, State Employment Offices, Hayward; Elma Gameros, Director, Adelante Inc.
    d.  Victoria Brady et al, 9th Street Neighborhood Assn.
     

  2. Lynda Winslow, re City pools/aquatics programs.  Worthington (Council referred letter to City Manager and requested a report on strategic plan for maintenance of facilities.)
     

  3. Walter Wood, re downtown parking lots.
     

  4. Phil McArdle, re parking lot at Oxford and Kittridge.  Spring  
     

  5. Judith S. Kirk, re 2535 College Avenue (two letters) Maio, Breland, Worthington
     

  6. Rebecca Sutton, re 1301 Oxford development.
     

  7. Jan Schultz, re Hill Fire Station  Maio, Worthington
     

  8. David Burke, re Antenna tower at Public Safety Building  Spring
     

  9. B. Kim Barnes, re property at 940 Dwight Way.  Maio, Dean, Breland
     

  10. Patrick Kennedy, re development.
     

  11. Rosemary Vimont, Olivia Caldwell, re increase in City Manager staff.  Dean, Worthington, Maio
     

  12. Arnold Loo, re Hinks Parking Garage.
     

  13. Capt. Ray H. Wichmann, re event in San Pablo Park.  Maio, Breland, Worthington
     

  14. Bill Lockyer, Attorney General, re Council's vote to support measure restricting application of the "Three Strikes" law.  Breland
     

  15. Heather Bellson; Morris O'Keegan; Noah Cole; Elizabeth Nathan; and Stephanie Bednar; re construction work.  Worthington
     

  16. McKinley Allston Addison Grant Neighborhood Association (MAAGNA)  Worthington  

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

Item 15 - Landmarks Preservation Ordinance and Zoning Ordinance

  1. Susan Cerny, Worthington

Item 25 - Planning for Codornices Creek  

  1. Carol Thornton, Chair, Parks and Recreation Commission, report and recommendation  Spring

Item 27 - Public Safety Building Tower  Spring

  1. Rob Browning, Worthington

  2. Joann Kowalski

  3. Andrea DuFlon and the MAGNAA neighbors  Worthington

  4. Bob Marsh, Berkeley resident

Item 28 - Public Hearings:  Establishment and Increase of City Fees, Rates and Other  Charges

a.            Development Fees:  Permit Service Center Fund 

  1. Reid Edwards, Chairman of the Board, Berkeley Chamber of Commerce

Communications - #9 re 940 Dwight Way

  1. Dennis P. Reilly, Architect/Structural Engineer, Reilly & Company  Breland  

Adjournment

The meeting adjourned at 11:50 p.m.


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