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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 23, 2000

Preliminary Matters

 Roll Call:  7:10 p.m.

 Ceremonial Matters: 

            Proclamation:  Honoring Matt Wangeman

            Proclamation:  Honoring Resources for Community Development 
                                     (RCD)

 Action:  Presented Proclamations

The Albany Berkeley Soccer Association presented a check in the amount of $50,000 to the City to be used for the Harrison Field development.

Comments From The City Manager: 

Aquatic Park volunteer effort to build the park needs volunteers from May 31 to June 4.

The Bay to Barkers event to benefit the Human Society will take place on June 11 at Cesar Chavez Park.

Comments From The Public:  13 speakers.  Also heard Rent Board Commissioners Janowitz and Silverman, School Board Director Doran, and Berkeley High Principal Theresa Saunders.

Consent Calendar

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

1.         Needle Exchange Emergency Distribution
            From:  City Manager
            Recommendation:
Adopt a Resolution reviewing and confirming the
            continued existence of a local emergency with regard to HIV transmission
            from use of HIV-infected needles among injection drug users, and authorizing
            the Director of Public Health to take steps to enable the operation of needle
            exchange emergency distribution.
            Contact:  Sherry Kelly, City Clerk, 644-6480
            Action:  Adopted Resolution No. 60,565-N.S.

2.         General Municipal Election on November 7, 2000 and Possible Mail Ballot Runoff Election on December 5, 2000
From:  City Manager 
Recommendation: 
Adopt a Resolution: 1) Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held on November 7, 2000; 2) requesting the Alameda County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election; 3) authorizing certain procedural actions; and 4) authorizing the City Clerk to conduct an all-mail ballot election on December 5, 2000 in the event of a runoff election.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Adopted Resolution No. 60,566-N.S.

 3.        Rubbish Collection Franchises
            From:  City Manager 
            Recommendation: 
Adopt a resolution 1) Intent to grant non-exclusive
            rubbish collection and transportation franchises for a period of three years to
            the following applicant companies:  Bay View Refuse Service, Berkeley
            Sanitary Service, Biagini Waste Reduction Systems, Inc., Handican of
            Berkeley; Waste Management, Inc., Waste Resource Technologies, and
            U.S. Eagle, Inc.; 2) establish the public hearing date of June 20, 2000, and
            3) waive Council rule prohibiting Council action on the same night as the
            public hearing.
           
Contact:  Rene Cardinaux, Public Works, 665-3460
           
Action:  Adopted Resolution No. 60,567-N.S.

4.         Motorcycle Parking
           
From:  City Manager
            Recommendation: 
Adopt first reading of an Ordinance repealing Berkeley
            Municipal Code (BMC) 14.40.150C, to eliminate the requirement that
            two-wheeled or three-wheeled vehicles not stop, stand or park in any
            marked parallel parking space within three feet of either end of a parking
            space.
            Contact:  Rene Cardinaux, Public Works, 665-3460
            Action:  Adopted first reading of the Ordinance.  Second reading June 13,
            2000.

 5.         Contract:  Albany Sewer Project
             From:  City Manager 
             Recommendation: 
Adopt a Resolution authorizing the City Manager to
             amend the contract with Harris and Associates for the Albany Sewer
             Project construction administration by increasing the contract amount
             $130,000 for a total not to exceed $990,000 for the period ending June 30,
             2000.
             Contact:  Rene Cardinaux, Public Works, 665-3460
             Action:  Adopted Resolution No. 60,568-N.S.

 6.         Adeline Street Apartments Project
            
From:  City Manager 
             Recommendation: 
Adopt a Resolution approving $317,674 in additional
             Housing Trust Fund (HTF) reservation for the Adeline Street Apartments
             Project, a nineteen (19) unit rental supportive housing project located at
             3222-3224 Adeline Street on the condition that the additional fund
             reservation be returned once the project receives an allocation of
             project-based Section 8 Certificates/Vouchers.
             Contact:  Stephen Barton, Housing, 665-3481
             Action:  Adopted Resolution No. 60,569-N.S.

7.         Senior Nutrition Program
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution authorizing the City Manager to
            waive the competitive bid requirement and to expend no more than $34,450
            for the purchase of food trays and paper products from SYSCO Food
           Services of San Francisco, Inc. to allow uninterrupted food service to
           Berkeley's elderly residents through the Senior Nutrition Program for the
           period July 1, 1999 to June 30, 2000.
           Contact:  Fred Medrano, Health and Human Services, 665-6879
           Action:  Adopted Resolution No. 60,570- N.S.

8.        Contract:  HIV Prevention
          
From:  City Manager 
           Recommendation: 
Adopt a Resolution authorizing the City Manager to
           execute amendments to the contracts with the Berkeley Public Education
           Foundation and the Women's Daytime Drop-in Center to increase the
           amounts by $2,500 and $1,500, for the provision of HIV prevention services
           for the period July 1, 1999 to June 30, 2000.
           Contact:  Fred Medrano, Health and Human Services, 665-6879
            Action:  Adopted Resolution No. 60,571- N.S.

9.         Community Environmental Advisory Commission Voting Procedure
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution amending Section 5 of Resolution
            No. 58,997-N.S. to reflect that voting is by a majority of the actual
            appointees of the Commission.
            Contact:  Wendy Cosin, Planning and Development, 705-8108
            Action:  Adopted Resolution No. 60,572-N.S.

10.       Contract:  Workers' Compensation Actuarial Services
            From:  City Manager
            Recommendation:  Adopt a Resolution authorizing the City Manager to
            execute a contract and any amendments with KPMG LLP in the amount of
            $15,750 for actuarial services of the Workers' Compensation Self-Insurance
            Program for the Fiscal Year ending June 30, 2000.
            Contact:  Ron Brown, Personnel, 665-7614
            Action:  Adopted Resolution No. 60,573-N.S.

11.       Employment Programs Administrator Classification
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution amending Resolution No.
            60,051-N.S., Classification and Salary Resolution for Local One
            Employees, to establish the classification of Employment Programs
            Administrator, and abolish the classification of Senior Employment Specialist,
            effective June 1, 2000.
            Contact:  Ron Brown, Personnel, 665-7614
           
Action:  Adopted Resolution No. 60,574-N.S.

12.       Temporary Agency Services
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution approving an expense of up to
            $48,000 for Volt Temporary Employment Agency services to the Police
            Department for the period July 1, 1999 to June 30, 2000.
            Contact:  D. E. Butler, Police, 644-6568
            Action:  Adopted Resolution No. 60,575-N.S.

13.       Collection of Nuisance Abatement Costs
           
From:  City Manager 
            Recommendation: 
Adopt first reading of an Ordinance amending Berkeley
            Municipal Code (BMC) Chapter 1.24 to clarify the methods available to the
            City to recover its costs of nuisance abatement.
            Contact:  Manuela Albuquerque, City Attorney, 644-6380
            Action:  Adopted first reading of the Ordinance.  Second reading June 13,
            2000.

14.       Competitive Bidding - Nuisance Abatement
           
From:  City Manager 
            Recommendation: 
Adopt first reading of an Ordinance amending Berkeley
            Municipal Code (BMC) Chapter 1.24 to clarify that expenditures necessary
            to abate nuisances that pose imminent hazards are exempt from the
            competitive bidding requirements pursuant to the City Charter and to specify
            the competitive bidding requirements for other nuisance abatement
            expenditures.
            Contact:  Manuela Albuquerque, City Attorney, 644-6380
           
Action:  Withdrawn by the City Manager.

15.       Contract:  Pathway Repair - Aquatic Park, Cedar-Rose Park, Ohlone
            Park
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution approving plans and specifications
            for the Pathway Repair Project at Aquatic Park, Cedar-Rose Park and
           Ohlone Park; accepting the bid of Meade Construction, Inc.; and authorizing
            the City Manager to execute a contract and any amendments in an amount
            not to exceed $156,932 for a period of 120 calendar days.
            Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222
           
Action:  Adopted Resolution No. 60,576-N.S.

16.       I-80 Bicycle/Pedestrian Overcrossing Agreements:  Cooperative and
            Maintenance

           
From:  City Manager 

            Recommendation: 
Adopt a Resolution authorizing the City Manager to: 1)
            execute the Cooperative and Maintenance Agreements with Caltrans for the
            I-80 Bicycle/Pedestrian Overcrossing; and 2) refer the project maintenance
            to the budget process.

           
Contact:  Rene Cardinaux, Public Works, 665-3460
           
Action:  Adopted Resolution No. 60,577-N.S.

17.       I-80 Bicycle Pedestrian Overcrossing Contract:  Construction
            From:  City Manager 
            Recommendation: 
Adopt a Resolution approving the Plans and
            Specifications for the I-80 Pedestrian Overcrossing, accepting the bid of
            C.C. Meyers, Inc. and authorizing the City Manager to execute a contract
            and any amendments with C.C. Meyers, Inc. in the amount of
            $5,270,584 with a contingency allowance of $639,000 for construction of
            the I-80 Pedestrian Overcrossing.

           
Contact:  Rene Cardinaux, Public Works, 665-3460
           
Action:  Adopted Resolution No. 60,578-N.S.

18.       I-80 Bicycle/Pedestrian Overcrossing Contract:  Construction,
            Engineering and Architectural Services
           
From:  City Manager 
            Recommendation: 
Adopt a Resolution authorizing the City Manager to
            amend the contract with OPAC Consulting Engineers to : 1) assist the City
            during the construction phase; 2) provide additional engineering services
            necessary for issuance of a CalTrans encroachment permit; and 3) provide
            additional architectural services regarding bridge color and design details for
            the I-80 Bicycle/Pedestrian Overcrossing in an amount not to exceed
            $195,794, which includes 10% contingency, for a contract total not to
            exceed $647,222 for the term ending June 30, 2001.
            Contact:  Rene Cardinaux, Public Works, 665-3460
           
Action:  Adopted Resolution No. 60,579-N.S.

19.       Emergency Disaster Planning
           
From:  Councilmember Olds
            Recommendation: 
Request the City Manager look into the current disaster
            plan for the entire City of Berkeley and report back to Council with an
            evaluation of how the needs of residents living east of the Hayward Fault are
            being addressed in the context of the whole City plan.
            Contact:  Betty Olds, Councilmember District 6, 644-6399
           
Action:  Approved recommendation.

20.       Litter from Daily Californian Inserts
           
From:  Councilmember Olds
            Recommendation: 
Request the City Manager write to Hubert Brucker,
            General Manager of the Daily Californian, requesting that the litter problem
            created by inserts in the newspaper, especially in locations where there are
            open boxes, be corrected.
            Contact:  Betty Olds, Councilmember District 6, 644-6399
            Action:  Approved recommendation.

21.       Woman's Will Theater Company
           
From:  Councilmember Armstrong
            Recommendation: 
Waive the fees associated with performances by
            Woman's Will Theater Company in the Berkeley parks this summer:  John
            Hinkel Park on July 15 and 16, and Live Oak Park on July 22 and 23.
            Contact:  Polly Armstrong, Councilmember District 8, 644-6401 
          
Action:  Adopted Resolution No. 60,580-N.S.

22.       Environmental Impact Report on the Memorial Stadium Lighting
           
From:  Councilmember Armstrong
            Recommendation: 
Request the City Manager write a letter to the
            University of California requesting an Environmental Impact Report (EIR) on
            the Memorial Stadium Lighting proposal, in light of the high level of public
            controversy involved and the potential to negatively affect the environment.
            Contact:  Polly Armstrong, Councilmember District 8, 644-6401

Action:  Approved recommendation as revised by Councilmember Armstrong as follows: 1)  If the University declines to conduct a full EIR, it should at least hold a formal public hearing on the lights and erect story poles or some sort of mockup so that everyone can see the impact this permanent additions will have on the neighborhood; and 2) the City write a letter to Fox Sports letting them know about the neighborhood concerns and pointing out the impact of the light poles on the historic neighborhood.; and pointing out the folly of forcing residents to peer through gigantic light stands for 361 days a years so that four football games can be broadcast on TV.

23.       Budget Referral:  Berkeley Dispute Resolution Service
           
From:  Councilmember Maio
            Recommendation: 
Refer a request from Berkeley Dispute Resolution
            Service for an additional $25,000 in annual funding for consideration in the
            budget process.
            Contact:  Linda Maio, Councilmember District 1, 644-6359
            Action:  Approved recommendation.

24.       Walkathon for the Children of Iraq
           
From:  Councilmembers Maio and Shirek
            Recommendation: 
Support the San Francisco Chapter of American-Arab
            Anti-Discrimination Committee's Walkathon for the Children of Iraq.
            Contact:  Linda Maio, Councilmember District 1, 644-6359; Maudelle
            Shirek,  Councilmember District 3, 644-6243 
           
Action:  Approved recommendation (Abstain - Armstrong).

25.       Robotic Parking at Center Street Garage
           
From:  Mayor Dean
            Recommendation: 
Request the City Manager investigate the feasibility of
            converting the Center Street Garage into a robotic parking facility financed
            by means of a self-supporting bond and with financial contributions from
            other parking beneficiaries, and report back to the Council within sixty days.
            Contact:  Shirley Dean, Mayor, 644-6484
            Action:  Removed from the Consent Calendar by Councilmember
            Worthington and held over to the meeting of June 13, 2000.

26.        Support AB 2451 - Allocation of Gas Tax Funds, and ACA 24 -
             Twenty-First Century Infrastructure Investment Fund

             From:  Mayor Dean
              Recommendation:  1) Support AB 2451 which would a) shift two cents
             of the current gas tax to a newly-created Local Government Road
             Maintenance Account that will be shared on a 50/50 basis by cities and
             counties for local road maintenance purposes, and b) require that an amount
             equal to the amount so transferred be transferred from the State General
             Fund to the Motor Vehicle Fuel Account to compensate for the loss of
             redirected revenue; 2) support ACA 24 which would amend the State
            Constitution to create the Twenty-First Century Infrastructure Investment
             Fund in the State Treasury out of general fund revenues to fund capital
             outlay expenses related to education, corrections, parks, transportation,
             water or other natural resources.  1% of General Fund revenues would be
             transferred in the 2000-2001 fiscal year, rising to 5.0% in Fiscal Year
             2008-2009 and thereafter, with safeguards being provided in the event of
             declining General Fund revenues.  75% of the monies would be distributed
             annually to cities and counties on a continuously-appropriated basis, with the
             remaining 25% subject to annual appropriation by the Legislature; and 3)
             notify the bills' sponsors, the City's representatives in Sacramento, and the
             City's Sacramento lobbyist of the City's position. 
             Contact:  Shirley Dean, Mayor, 644-6484
             Action:  Approved recommendation.

27.       Establishment of Small Business Support Program 
           
From:  Mayor Dean
            Recommendation: 
Direct the City Manager to initiate a planning process
             to establish a Berkeley Small Business Support Program based on the
             following recommendations:  1) development of business skills in the work
             force; 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; and 6) partner with existing resources such as
             the United States Conference of Mayors' Partner America Program, the
             Small Business Administration, the Haas School of Business on the UC
             Berkeley campus, and the East Bay Center for International Trade.
            Contact:  Shirley Dean, Mayor, 644-6484
           
Action:  Withdrawn by Mayor Dean.

28.       Substance Abuse and Crime Prevention Act of 2000
            From:  Councilmember Worthington
            Recommendation: 
Support the Resolution endorsing the Substance Abuse
            and Crime Prevention Act of 2000.
            Contact:  Kriss Worthington, Councilmember District 7, 644-6398
            Action:  Adopted Resolution No. 60,581-N.S.

29.       Budget Referral:  Well and Groundwater Survey 
            From:  Councilmember Worthington  
            Recommendation: 
Refer to the budget process and the City Manager
            funding for well and groundwater survey.
            Contact:  Kriss Worthington, Councilmember District 7, 644-6398
            Action:  Removed from the Consent Calendar by Mayor Dean and held
            over to June 13, 2000.

30.       Support for Rick Young and His Efforts to Meet with the UC Berkeley Chancellor for Housing on the Underhill Block             From:  Councilmember Worthington
Recommendation: 
Support Rick Young and his efforts to meet with the UC Berkeley Chancellor Robert Berdahl to discussing housing on the Underhill block.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action: 
Removed from the Consent Calendar by Mayor Dean and held over to the meeting of June 13, 2000.

31.       Adopt a College Avenue Repaving Plan 
           
From:  Councilmember Worthington  
            Recommendation: 
Adopt a College Avenue Repaving Plan including
            mitigations to address the neighborhood residents' and merchants' concerns
            about parking, traffic and temporary diverter removal and installations.
           
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
            Action:  Removed from the Consent Calendar by Mayor Dean.  Moved,
            seconded, carried (Worthington/Spring; Absent - Armstrong) to approve the
            City Manager recommendations in the College Avenue Repaving Plan.

32.       Support American Disabilities Act 
           
From:  Councilmembers Worthington, Breland and Spring  
            Recommendation: 
Support the American Disabilities Act by rescinding or
            settling the case of Governor Davis' appeal of California Dare vs. DMV from
            the US Supreme Court and sending letters to Governor Gray Davis,
            Attorney General Bill Lockyer, Assemblywoman Dion Aroner,
            Assemblywoman Audie Bock, Senator Don Perata, Congresswoman
            Barbara Lee, Senator Diane Feinstein, and Senator Barbara Boxer.
            Contact:  Kriss Worthington, Councilmember District 7, 644-6398;  
            Margaret Breland, Councilmember District 2, 644-6400; Dona Spring,
            Councilmember District 4, 644-6266 
           
Action:  Approved recommendation subject to review and approval by the
            City Attorney.

33.       Notification of Meetings in Central Berkeley  
            From:  Councilmember Spring  
            Recommendation: 
Request the City Manager provide funding for a mailing
            to District 4 residents informing them of upcoming meetings on City services
            and Ohlone Park.
            Contact:  Dona Spring, Councilmember District 4, 644-6266
            Action:  Removed from the Consent Calendar by Councilmember
            Armstrong and held over to the meeting of June 13, 2000.

34.       Web Page Accessibility for People with Disabilities 
           
From:  Councilmember Spring  
            Recommendation: 
Set aside five minutes of the June 13 Council meeting
            after Public Comment to hear a presentation from Alexandra Andrews on the
            new web page technology available for people with disabilities and how
            important it is to have web sites accessible to the disabled.
            Contact:  Dona Spring, Councilmember District 4, 644-6266
            Action:  Removed from the Consent Calendar by Mayor Dean and held
            over to the meeting of June 13, 2000.

35.       Community Service Program in Lieu of Parking Fines 
           
From:  Councilmember Spring  
            Recommendation: 
Request that reimbursement for community service in
            lieu of parking ticket fines increase from $5.00 to $7.00 per hour.
            Contact:  Dona Spring, Councilmember District 4, 644-6266
            Action:  Approved recommendation.

36.       Ballot Measure to Bring City Council Chambers in Compliance with American Disabilities Act  
From:  Councilmember Spring  
Recommendation: 
Refer a request to the City Manager to add to the proposed bond measure up to $8 million to fund a new addition with a larger council chambers that will meet the American with Disabilities Act accessibility standards and replace square footage and parking lost due to the Civic Center retrofit to be located at the current Hall of Justice building after its demolition.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action: 
Removed from the Consent Calendar by Councilmember Woolley to be discussed along with Item 63, ballot measures. 

37.       Disaster Readiness, Year 2000 Report 
           
From:  Disaster Council  
            Recommendation: 
Adopt a Resolution supporting the efforts of the
            Disaster Council to enhance our community's disaster readiness.
            Contact:  Reginald Garcia, Secretary, 644-6665
            a.         City Manager Report  
            Recommendation: 
The City Manager concurs with the content and
            recommendations of the Commission.
            Action:  Adopted Resolution No. 60,582-N.S.

Action Calendar

Appeals:

38.       Zoning Appeal of Use Permit, 2300 Ashby Avenue
a.            Appeal filed by Joseph Santini,
of the Zoning Adjustments Board decision of March 23, 2000, which denied Use Permit to construct a 1,230 square foot, two story duplex at the rear of a 5,400 square foot lot containing a 1,506 square foot single family house and to allow a 4-foot rear yard where 15 feet are required.
Contact:  Sherry Kelly, City Clerk, 644-6480
 
b.            City Manager Report  
Recomm
endation:  Remand the matter to the Board to reconsider the application.  The Board should consider the applicant's testimony regarding his rationale for making certain plan revisions and reevaluate their findings in light of such testimony.  
Contact:  Wendy Cosin, Planning and Development, 705-8108
Action: 
Moved, seconded, carried (Spring/Maio; Noes - Dean; Abstain - Olds, Woolley; Absent - Armstrong) to adopt Resolution No. 60,583-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

39.       Appeal of Landmarks Preservation Commission Regarding Three
            Blocks Bounded by University Avenue, Hearst Avenue, I-80 and 4th
               
Street
(to be delivered)  
            a.        Appeals filed by Richard and Charlene deVecchi; and the 620
            Hearst Group, LLC 
            b.       
City Manager Report 
           
Recommendation:
Schedule the matter for a public hearing.
            Contact:  Wendy Cosin, Planning and Development, 705-8108
            c.         Communications
                       
1)  Wilson F. Wendt, Attorney for 620 Hearst LLC, Miller, Starr &
            Regalia
                        2)  Kenneth W. Pritikin, Attorney for Richard and Charlene 
            DeVecchi, Foley McIntosh Frey & Claytor
            Action:  Moved, seconded, carried (Maio/Breland; Noes - Worthington;
            Absent - Armstrong) to schedule a public hearing.

Priority:

40.       Public Safety Building Tower (Public Hearing held May 16)(to be
            delivered) 

           
From:  City Manager  
            Recommendation: 
Discussion and possible action regarding location,
            technological process, cost alternatives and other issues relating to the Public
            Safety Tower.
            Contact:  James Keene, City Manager, 644-6580
            a.          Information Report from May 9 meeting
           
Contact:  Rene Cardinaux, Public Works, 665-3460
           
b.          From:  Councilmember Spring  
            Recommendation:  Fund $10,000 from the Public Safety Building
            contingency funds for an expert consultant in radio antennae technology
            chosen by MAGNA neighborhood group for professional assistance in
            costing out alternatives to the Public Safety Tower; and request that the City
            Manager respond to questions contained in report.
            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
            Actions:  Moved, seconded, carried (Spring/Maio; Absent - Armstrong) to
            adopt Resolution No. 60,584-N.S. allocating up to $50,000 to hire a
            consultant(s) and directing the City Manager to come back to the City
            Council with a process that is mutually agreeable with the neighborhood and
            staff for developing the RFP; selection of the consultant(s); and involvement
            of the neighborhood throughout the process with the final report and
             recommendation coming back to the Council on issues related to the tower. 

41.       Development Fees:  Permit Service Center Fund (Public Hearing held
            May 16)

            Recommendation:  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
            Action:  Held over to the meeting of June 13, 2000.

42.       Fees:  Environmental Health (Public Hearing held May 16)
            Recommendation: 
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
            Action:  Held over to the meeting of June 13, 2000.

43.       Recreation Programs (Public Hearing held May 16)
           
Recommendation:  Adopt a Resolution increasing fees by 3% for Fiscal
            Year 2000-2001 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
            Action: 
Held over to the meeting of June 13, 2000.

44.       Housing Code Enforcement Program (Public Hearing held May 16)
            Recommendation:  Adopt a Resolution rescinding Chapter 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 
            Action:  Moved to the Consent Calendar a motion by Mayor Dean to
            re-notice the public hearing for June 20, 2000 to include recommendations
            by the Housing Advisory Commission and request the City Manager prepare
            a report on what impact the immediate withdrawal of all federal CDBG funds
            from the Residential Rental Inspection Program would have, in comparison
            to a more phased withdrawal and recommendations for accomplishing such a
            plan.

45.       2000-2001 Refuse Fund Rate Increase (Public Hearing held May 16)
            Recommendation:  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
           
Action:  Held over to the meeting of June 13, 2000.

46.       Hearing for Bidders on College Avenue Repaving Contracts
            From:  City Manager  
            Recommendation: 
Conduct a hearing at which only bidders on the College
            Avenue repaving contract and any witnesses on their behalf will be heard
            concerning whether a defect in the bid of the lowest responsible bidder may
            be waived as inconsequential.  The Council will be asked to: 1) conduct the
            hearing; 2) make a determination at the conclusion of the hearing as to
            whether the defect was inconsequential; and 3) make any related
            determinations including but not limited to awarding the contract or rejecting
            all bids.
            Public Testimony:  No speakers.  The hearing was closed.
           
Action:  Moved, seconded, carried (Maio/Breland; Absent - Armstrong) to
            adopt Resolution No. 60,585-N.S.accepting $2,070,000 in Federal
            Transportation Equity Act grant funds; approving the plans and specifications
            for the project; accepting the bid of Gallagher & Burk; and authorizing the
            City Manager to execute a contract and any amendments with Gallagher &
            Burk for an amount not to exceed $1,327,990 for the period May 24, 2000
            through October 31, 2000; and making appropriate findings.

47.       Possible Recess to Council Closed Session with the City Attorney Prior to Taking Action- see below:

            POSSIBLE CONFERENCE WITH LEGAL COUNSEL-
            ANTICIPATED LITIGATION
            (Significant Exposure to litigation under Government Code section
            54956.9(b))  The City Attorney has concluded that this matter constitutes a
            significant exposure to litigation for the City based upon claims that any of the
            bidders may make and the second lowest bidder has already made as to
            whether the City may legally award the contract to the lowest responsible
            bidder.

Action:  No action taken.

Old Business:

48.       Commission Term Limits and Leave of Absences (held over from April 4, April 11, 2000 and May 9)
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 the meeting of June 13, 2000.

49.       Landmarks Preservation Ordinance and Zoning Ordinance (Removed
            from Consent Calendar by Vice Mayor Shirek.  Held over from meeting
            of May 16)

            a.          
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:  Held over to the meeting of June 13, 2000.

50.       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, April 4 and May 9)
From:  City Manager  
Contact:  Rene Cardinaux, Public Works, 665-3439
Action:  Held over to the meeting of June 13, 2000.

51.       Conflict of Interest (CR99-140) (held over from April 4, April 11 and
            May 9) 

           
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 the meeting of June 13, 2000.

52.       Council Subcommittee on City Manager Evaluation (removed from the Consent Calendar by Councilmember Maio.  Held over from March 28, April 4, April 11 and May 9) 
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 the meeting of June 13, 2000.

53.       Annual Berkeley Transit Pass (held over from April 4, April 11 and
            May 9) 

           
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 the meeting of June 13, 2000.

54.       Equity for Councilmembers on City Mailings (Removed from Consent
            Calendar by Mayor Dean.  Held over from meeting of May 9)

           
From:  Councilmember Spring  
            Recommendation: 
Adopt a Resolution giving equity for Councilmembers
            on City mailings.
            Contact:  Dona Spring, Councilmember District 4, 644-6266
            Action:  Held over to the meeting of June 13, 2000.

55.       Parking Issues for Home Health Care Workers and Community Service Program (Removed from Consent Calendar by CouncilmemberOlds.  Held over from meeting of May 9)
From:  Councilmember Spring  
Recommendation: 
Request the City Manager waive all current outstanding parking fines 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.
Contact:  Dona Spring, Councilmember District 4, 644-6266
Action: 
Held over to the meeting of June 13, 2000.

56.        Preventing Homelessness (Removed from Consent Calendar by
             Councilmember Armstrong.  Held over from meeting of May 9.)
 
             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:  Held over to the meeting of June 13, 2000.

57.       Building Department Documents (Removed from Consent
            Calendar by Councilmember Shirek.  Held over from  meeting of May
            16) 

           
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:  Held over to the meeting of June 13, 2000.

58.      Ending Sanctions Against Mitsubishi Corp. Regarding Proposed Salt
           Works at Laguna San Ignacio, Mexico 
(Removed from the Consent
           Calendar by Councilmember Worthington.  Held over from meeting of
           May 16)

           
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:  Held over to the meeting of June 13, 2000.

59.       Planning for Codornices Creek (Removed from the Consent Calendar by Councilmember Worthington.  Held over from meeting of May 16)
From:  Mayor Dean  
Recommendation: 
1) Support that the delegation to meet with the University would be composed of the following:  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 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: 
Moved, seconded, carried (Worthington/Spring) to approve the recommendation amended by Councilmember Worthington to also include adopting Resolution No. 60,586-N.S. encouraging the University to assure that redevelopment of University Village includes adequate right of way for a creek channel with pools, riffles, meanders, and riparian vegetation to support creek life, and a safe and inviting pedestrian/bicycle corridor.

60.       Contracts:  University of California (held over from March 14, March 28, April 4, April 11 and May 9)
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 the meeting of June 13, 2000. 

61.       5-Year Street Plan Update  (Removed from Consent Calendar by Councilmember Spring.  Held over from meeting of May 9.)             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
a.         City Manager Report -
The City Manager concurs with the recommendations of the Commission.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Held over to the meeting of June 13, 2000.

New Business:

62.       Special Work Session : FY2000 – FY2001 Mid-Biennial Budget Review (to be delivered)  
A.            Citywide Work PlanDiscussion of FY2000 & FY2001 Work Plan, including projects identified as Council Priorities and re-affirm priorities for FY2001.  
B.            Recommended Budget Policies for Council Consideration
-  Discussion and adoption of budget policies recommended by the City Manager to guide development of future budgets, including funding requests received outside of the biennial budget cycle.  
Action: 
Held over to June 6, 2000 at the request of the City Manager.  Council agreed to start the special meeting at 6:00 p.m. for the work session and to start the public hearing at 7:30 p.m.

63.       Discussion of Ballot Measures for November 2000 Election (to be
            delivered)-
Continue discussion from May 9 meeting and take action on
            specific ballot measures to be developed for the November 2000 election
            and provide comment on language of those already developed. Special
            Taxes under consideration:  Fire Services Special Tax, Parks Tax (incl.
            University Avenue Median / Streetscape), Streetlight Tax, Affordable
            Housing Tax, Health Services Tax; Bond Measures under consideration:
            Library Branches Capital Improvements, Warm Water Pool, University
            Avenue Median / Streetscape Improvements.
           
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
            Actions:  Moved, seconded, carried (Maio/Breland - Absent - Armstrong)
            to direct staff to prepare ballot measure language for Council consideration
            for a  Fire Safety Services Special Tax in the amount of $8,000,000 and
            Library Branches Capital Improvement Bonds in the amount of $5,000,000.

           Moved, seconded, carried (Maio/Breland; Noes - Woolley; Abstain - Olds;
           Absent - Armstrong) to direct staff to prepare ballot measure language for
           Council consideration for a Parks Tax to include University Avenue Medians
            in an amount of $600,000.

           Moved, seconded, carried (Maio/Spring; Noes - Olds, Woolley; Abstain -
           Dean; Absent - Armstrong) to prepare ballot measure language for Council
           consideration for a Street Lighting Special Tax of $300,000.

           Moved, seconded, carried (Olds/Maio; Absent – Armstrong) to prepare
           ballot measure language for Council consideration for Warm Water Pool
           Improvements of $3,000,000.

           Moved, seconded, failed (Spring/Breland; Noes - Olds, Shirek, Woolley,
           Dean; Abstain - Maio; Absent - Armstrong) to direct staff to prepare ballot
           measure language for Council consideration for a bond measure for
           $3,500,000 for a new Council Chamber meeting space which conforms to
           ADA requirements.

64.       Ballot Measure - Rent Stabilization and Eviction for Good Cause             From:  City Manager  
            Recommendation: 
Consider placement on the November 2000 ballot an
            Ordinance amending Berkeley Municipal Code (BMC) Chapter
            13.76.130A.9 to restrict the circumstances under which a landlord may evict
             a tenant to occupy the unit for his/her own use or the use of his/her family
             members and and provide any comments regarding wording of the text, title
             and analysis to the City Attorney.
             Contact:  Manuela Albuquerque, City Attorney, 644-6380
             a.          Communication
                          1.  Randy Silverman, Chair, Berkeley Rent Stabilization Board
            
Contact:  Sherry Kelly, City Clerk, 644-6480
             Action: 
Moved, seconded, carried (Spring/Breland; Absent - Armstrong)
             to direct staff to redraft ballot measure language for Council consideration
             that would take into account recommendations of the Rent Board and
             changing the definition of disability to be consistent with ADA guidelines as
             well as looking at including language that would provide tenants with
             attorney fees.

65.       Ballot Measures - Library, Parks Maintenance and Emergency
            Medical Services 
           
From:  City Manager  
            Recommendation: 
Provide the City Attorney with comments as to the
            proposed ordinance text, ballot title and City Attorney analysis of the three
            measures authorizing expenditure of the existing parks maintenance,
            emergency medical services and library taxes.
            Contact:  Manuela Albuquerque, City Attorney, 644-6380
            Action:  Moved, seconded, carried (Worthington/Spring; Absent -
            Armstrong) to approve the ballot language and direct staff to finalize the
            reports for Council approval and placement of these measures on the
            November ballot.

66.       Regulation of Indoor Entertainment Events 
           
From:  City Manager  
            Recommendation: 
Adopt first reading of ordinance repealing Berkeley
            Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events
            and adopting a new Chapter 13.46 regulating indoor entertainment events.
            Contact:  Manuela Albuquerque, City Attorney, 644-6380
            Action: 
Held over to the meeting of June 13, 2000.

67.       Civic Arts Grants Program 
           
From:  City Manager  
            Recommendation: 
Adopt a Resolution establishing eligibility requirements
            and program categories for the Civic Arts Grants Program and rescind
            Resolution No. 55,832-N.S.
            Contact:  Bill Lambert, Economic Development, 705-8180
            Action:  Withdrawn by the City Manager.

68.       Living Wage  
           
From:  City Manager  
            Recommendation:  
Council approve the necessary funding to support the
             implementation of a Living Wage Ordinance and direct staff to prepare a
             Living Wage Ordinance by June 20, 2000 based on recommendations
             contained within the report.  Refer to the City Attorney the concept of a
             Living Wage Zone. 
           
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
            Actions:  Moved, seconded (Olds/Woolley) a main motion to approve the
            City Manager’s recommendations to draft an ordinance with a base wage
             rate of $8.65 an hour plus $1.62 first-year health benefit differential.

             Moved, seconded, carried (Spring/Worthington; Abstain – Olds; Absent –
             Armstrong) a substitute motion to approve the City Manager’s
              recommendations to direct staff to prepare a Living Wage Ordinance by
              June 20th with a base wage rate of $9.75 an hour plus $1.62 first-year
              health benefit differential and to include additional recommendations 3
              through 9 with the following amendments referred to staff for either the
               initial ordinance or a future amendment: (4b ) a threshold that would
                include more non-profits by either adjusting the dollar amount or
                percentage; (4d) explicit definitions related to economic assistance;
                 including within the ordinance 5(b,c, h, i, and k) (construction contracts,
                special arrangements – volunteer labor and services, positions covered by
                collective bargaining, stand-by pay, and employees working less than 20
                hours a week; requiring the City Attorney to work with the Living Wage
                advocates and return to Council within 120 days on the issue of a Living
               Wage Zone; and researching options for ensuring that people currently
               employed not be paid laid-off as a result of implementation of this
               ordinance.

69.         Contract:  Playing Fields at East Campus
              From:  City Manager  
              Recommendation: 
Adopt a Resolution accepting $65,000 from the
              Board of Education to evaluate a third proposal for playing fields at East
              Campus and to fund the City's staff costs to manage the work; and
              authorizing the City Manager to amend the contract with LSA Associates,
              Inc. to prepare the environmental documentation required by the California
              Environmental Quality Act (CEQA).
           
Contact:  Contact:  Weldon Rucker, Deputy City Manager, 644-6580

             Actions:  Moved, seconded, failed (Olds/Dean; Noes – Breland, Maio,
             Shirek, Spring, Woolley; Abstain – Worthington; Absent - Armstrong) a
             substitute motion to approve the City Manager’s recommendation to accept
              $65,000 from the Board of Education to evaluate a third proposal.

              Moved, seconded, carried (Shirek/Spring; Noes – Olds, Dean; Absent –
              Armstrong) the main motion to adopt Resolution No. 60,587-N.S.
              authorizing the City Manager to add $7,000 to the contract with LSA
              Associates, Inc. to complete the EIR on the two proposals. 

70.       Underhill Environmental Impact Report (EIR) (to be delivered)
            From:  City Manager  
            Recommendation: 
Direct the City Manager to send a letter to UC
            Berkeley incorporating comments recommended by the City Council and the
            Planning and Landmarks's Preservation Commissions.
            Contact:  Wendy Cosin, Planning and Development, 705-8108
            Action:  Moved, seconded, carried (Worthington/Breland; Noes - Olds,
           Woolley; Absent - Armstrong) to approve the City Manager’s
             recommendation and to direct staff to forward the comments in the most
             legally effective way.  For the record, Mayor Dean stated she supported
             forwarding the comments but felt the language " most legally effective way"
             to be offensive to staff.

71.        Berkeley TRiP
           
From:  Transportation Commission  
            Recommendation: 
Support the continued operation of the Berkeley TriP
            Commute Store by increasing the funding for Berkeley TriP from $75,400 to
            $150,000 for the Fiscal Year 2001, with the understanding that a portion of
            this funding will be used to conduct a program assessment which will result in
            a recommendation on what services TriP should provide in the future and
            how those services can be funded in the long term.
            Contact:  Nathan Landau, Secretary, 705-8136
           
a.            City Manager Report  
            Recommendation: 
The recommendations contained in this report affect
             budget and/or other programs.  Please refer to the budget process.
             Contact:  Wendy Cosin, Planning and Development, 705-8108
             Action: 
Moved to the Consent Calendar by Mayor Dean.  Approved the
            City Manager recommendation.

72.       Ballot Measure:  Increase PRC Commissioner Stipend 
           
From:  Police Review Commission (PRC)  
            Recommendation: 
Sponsor a ballot measure to amend PRC Ordinance
            No. 4644-N.S. Section 6 to increase Commissioner stipends to $15.00 per
            hour with a limit of $300 per month per Commissioner.  Commissioners
            currently are compensated at a rate of $3.00 per hour with a maximum of
            $200 per month per Commissioner.
            Contact:  Barbara Attard, Secretary, 644-6716
             a.          City Manager Report  
             Recommendation: 
The recommendations contained in this report affect
              budget and/or other programs.  Please refer to the budget process.
              Contact:  Barbara Attard, Secretary, 644-6716
              Action: 
Moved, seconded, failed (Spring/Breland; Abstain – Maio, Olds,
             Woolley, Dean;  Absent - Armstrong) to adopt the PRC recommendation.

  Information Reports

73.        Air District's Health Review of Pacific Steel Casting 
           
From:  City Manager  
           
Contact:  Wendy Cosin, Planning and Development, 705-8108
            Action:  Received and filed.

74.       Day Camp Registration (CR 2000-43) 
           
From:  City Manager  
           
Contact:  Fred Medrano, Health and Human Services, 665-6879
            Action:  Received and filed.

75.       Landmarks Preservation Commission Notices of Decision:  2700 Bancroft Way (Westminster House and Grounds); 3332 Adeline Street (Lorin Theater/Phillips Temple); 2100-14 Shattuck Avenue (Francis K. Shattuck Building); 2036-2040 Shattuck Avenue (The Kress Building) 
 
From:  City Manager  
 
Contact:  Sherry Kelly, City Clerk, 644-6480
Action: 
Received and filed.

76.       Black Repertory Group Compliance Status Report 
           
From:  City Manager  
           
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
            Action:  Received and filed.

77.       Status of Response to Budget Monitoring Audit Report 
           
From:  City Manager  
           
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
            Action:  Received and filed.

  Communications

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

Page No.

1.          Patrick Kennedy, re smart growth

2.         Maris Arnold, re Kantor's Office Furniture store.  Dean

3.         Susan Warwick, re Berkeley Marina dog park.

 4.         Walter H. Wood, re 1719-1725 University Avenue

 5.         Paul Takagi, re 1949 Milvia Street apartment building. Maio, Spring, Dean

 6.         Rick Spittler, Executive Director, BORP, re Warm Water Pool.  Worthington

 7.         Petition signed by fifteen persons re streets surrounding San Pablo Park, East Campus and Grove Park.  Worthington

8.         Carol Denney, re lighting fixtures downtown.

9.         Jill Posener, Paws For Thought

10.       Dianne Feinstein, United States Senate, response to Council's funding recommendations for homeless programs.

11.       Jeannie de Vries, President, Berkeley Architectural Heritage Association, re Landmarks Preservation Ordinance changes.  Dean, Worthington

12.       Susan Cerny, clarification of previous letter re Landmarks Preservation Ordinance.  Dean, Worthington

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Item 22 - Environmental Impact Report on the Memorial Stadium Lighting

13.       Walter J. Freeman

14.        Councilmember Armstrong, addendum to Council Item

15.       Robert Breuer, Neighbors of Memorial Stadium

16.       Eric Deam

17.       Ray Nugent

18.       Joanna Dwyer

Item 31 - Adopt a College Avenue Repaving Plan

19.       James Keene, City Manager, information report

Item 40 - Public Safety Building Tower        Spring, Worthington

20.       Vito Lab

21.      Charlotte Shimura, President, LeConte Neighborhood Assn.

22.       Erica Etelson

23.       Victor Bull

24.       Maija Williams

25.       Julie Luiljoy

26.       Janet Levenson

27.       Nancy Holland

28.       Wendy L. Alfsen

29.       Keith A. Nickolaus, Ph.D.

Item 44 - Housing Code Enforcement Program

30.       Mayor Shirley Dean, amended recommendation

Item 49 - Landmarks Preservation Ordinance and Zoning Ordinance     Worthington

31.       Michael Katz

32.       Mayor Shirley Dean, Amendments to Ordinances

Item 57 - Building Department Documents

33.       James Keene, City Manager, supplemental report

Item 59 - Planning for Codornices Creek

34.       Carole Schemmerling, Bay Area Coordinator Urban Creeks Council of California, and Susan Schwartz, President, Friends of Five Creeks

Item 63 - Discussion of Ballot Measures for November 2000 Election

35.       Citizens Humane Commission - request for funding for a new animal shelter

Item 69 - Contract:  Playing Fields at East Campus Worthington

36.            Charlotte Shimura, President, LeConte Neighborhood Assn.

37.       Iliia Winters

38.       Lyn Moreno Hilliard

39.       Mike Coffield

40.      Rachelle Quimby and James Romanek

41.       William Dreskin

42.       Tom Lent

43.       Tom Cloutier

44.       Stephen B. Bedrick

45.       Arthur Eaton and Friends of Grove Park

46.       Jennifer Trammell

Item 70 - Underhill Environmental Impact Report (EIR)

47.       Fran Haselsteiner   Worthington

Item 72 - Ballot Measure: Increase PRC Commissioner Stipend

48.            Councilmember Dona Spring, additional language

Adjournment

Actions:  Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) to extend the meeting to complete certain items.

Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) to suspend the rules to extend the meeting to 12:30 a.m. to complete certain items.

Moved, seconded, carried (Olds/Woolley; Noes - Worthington, Breland; Absent - Armstrong) to extend the meeting to 12:45 a.m. to complete certain items.

The meeting adjourned at 12:45 a.m.


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
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