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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, JULY 11, 2000

Preliminary Matters

Roll Call:  7:16 p.m.  All present.

Ceremonial Matters: The Mayor announced that the City has been awarded a grant of $250,000 from the State for the Infant Safety Seat program.

Comments From The City Manager: The City Manager read "The Berkeley Story" from the book Terms of Engagement.

Comments From The Public:  Twelve speakers.

Youth Forum:  No speakers.

Consent Calendar

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

1.         Needle Exchange Emergency Distribution
From:  City Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Adopted Resolution No. 60,659-N.S.

2.            Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meeting of: June 6, 2000 (special).
Sherry M. Kelly, City Clerk, 644-6480
Action:  Approved the minutes.

3.         Placing Measures on the November 2000 Ballot
From:  City Manager 
Recommendation: 
Adopt three Resolutions placing measures on the November 7, 2000 ballot to:  1) approve a bond to fund the renovation, expansion and improvement of branch libraries; 2) approve a bond to fund the reconstruction, renovation, repair and improvement of the warm water pool facility at Berkeley High School; and 3) amend the Business License Ordinance.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Adopted Resolution No. 60,660-N.S., Resolution No. 60,661-N.S. and Resolution No. 60,662-N.S. and designated Councilmember Maio as the lead on the parks tax ballot arguments.

4.         Coast Live Oak Trees (first reading vote:  Absent - Breland; second reading – Unanimous)
Recommendation:  Adopt second reading of an Ordinance revising Ordinance No. 6321-N.S. to allow for the removal of Coast Live Oak Trees that are a danger to property where the only reasonable mitigation is removal.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted second reading of Ordinance No. 6550-N.S.  Effective August 10, 2000.

5.         Safety Members Pension Fund Annual Reports (first/second readings: Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 4.28.060 to revise the date that the annual Safety Members' Pension Fund reports are due to Council to the first day of December of each year, instead of the first day of August.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted second reading of Ordinance No. 6551-N.S.  Effective August 10, 2000.

6.            Competitive Bidding Requirements and Expenditure Limitations (first/second readings:  Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance amending provisions of Berkeley Municipal Code (BMC) Chapter 1.24, Chapter 2.88 and Chapter 7.18 to:  1) provide that expenditures necessary to abate nuisances that pose imminent hazards are exempt from the competitive bidding requirements pursuant to the City Charter; 2) specify the competitive bidding requirements for other nuisance abatement expenditures; 3) increase the expenditure limitation in cases of summary abatements to $25,000 from $15,000; and 4) establish an expenditure limitation in cases of declared emergencies that conforms to the Charter.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted second reading of Ordinance No. 6552-N.S.  Effective August 10, 2000.

7.         Annual Appropriation Ordinance (first/second readings: Noes - Olds, Woolley, Dean; Abstain - Armstrong)
From:  City Manager 
Recommendation:  Adopt second reading of Annual Appropriation Ordinance.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580 
Action:  Adopted second reading of Ordinance No. 6553-N.S.  Effective August 10, 2000.

8.         Tax Rate - Maintenance of Parks, City Trees and Landscaping (first/second readings: Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance levying a FY2001 special tax of $0.0811 per square foot of all improvements to fund the maintenance of parks, City trees and landscaping in the City, approved by voters on May 6, 1997.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted second reading of Ordinance No. 6554-N.S.  Effective August 10, 2000.

9.         Tax Rate - Emergency Medical Services (first/second readings:  Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance levying a special tax of $0.02360 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents, to replace the previous City assessments that were lost effective July 1, 1997 as a result of State Proposition 218.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted second reading of Ordinance No. 6555-N.S.  Effective August 10, 2000.

10.       Tax Rate - Measure S General Obligation Bonds (first/second readings:  Unanimous)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for the Measure S General Obligation Bonds (election of 1996) at 0.0475%.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted second reading of Ordinance No. 6556-N.S.  Effective August 10, 2000.

11.       Tax Rate - Fire Seismic General Obligation Bonds (first/second readings:  Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 rate for the Fire Seismic General Obligation Bonds (election of 1992) at 0.0392%.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted second reading of Ordinance No. 6557-N.S.  Effective August 10, 2000.

12.       Tax Rate - Business License Tax for Large Non-Profits (first reading:  Noes - Armstrong, Olds; second reading:  Noes – Armstrong, Olds, Dean)
From:  City Manager
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for business licenses for large non-profits at $0.3479 (34.79 cents) per square foot of improvements, excluding the first 120,000 square feet.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580 
Action:  Adopted second reading of Ordinance No. 6558-N.S.  Effective August 10, 2000.

13.       Tax Rate  - Library Services Tax  (first/second readings: Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for the library at $0.10250 (10.25 cents) per square foot for dwelling units and $0.1550 (15.50 cents) per square foot for industrial, commercial and institutional buildings.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Adopted second reading of Ordinance No. 6559 N.S.  Effective August 10, 2000.

14.       Tax Rate - Emergency Services for the Severely Disabled Tax (first/second readings: Unanimous)
From:  City Manager 
Recommendation: 
Adopt second reading of an Ordinance setting the FY2001 tax rate for the provision of emergency services for the disabled at $0.00843 (.843 cents) per square foot of improvements.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580 
Action:  Adopted second reading of Ordinance No. 6560-N.S.  Effective August 10, 2000.

15.       Animal Licensing and Spay and Neuter Ordinance (first reading vote:  Noes - Shirek, Woolley; Absent - Breland)
From:  City Manager
Recommendation: 
Adopt second reading of proposed Ordinance amending Berkeley Municipal Code Chapter 10.04 (Dog Licenses and Regulations) to modify licensing requirements for dogs, create licensing requirements for unaltered cats, establish spaying and neutering requirements for both dogs and cats, and add regulations for dogs and cats.
Contact:  Fran David, Finance, 665-7401
Action:  Held over to July 18, 2000 by the City Manager.

16.       Non-Exclusive Rubbish Hauling Franchises (first/second readings:  Unanimous)
From:  City Manager 
Recommendation: 
1) Adopt second readings of seven Ordinances granting Non-Exclusive Rubbish Collection and Transportation franchises; and 2) direct the City Manager to execute a franchise agreement with each company.
a.            Bay View Refuse Service Inc.
b.            Berkeley Sanitary Service
c.            Biagini Waste Reduction Systems, Inc.
d.            Handy Can of Berkeley
e.            U.S. Eagle, Inc.
f.            Waste Management, Inc.
g.            Waste Resource Technologies
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Adopted second reading of Ordinance No. 6561-N.S., Ordinance No. 6562-N.S., Ordinance No. 6563-N.S., Ordinance No. 6564-N.S., Ordinance No. 6565-N.S., Ordinance No. 6566-N.S.  Ordinance No. 6567-N.S.  Effective August 10, 2000.

17.            Contract:  Sacramento Lobbyist 
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not exceed $51,970 with Lynn Suter and Associates to provide the City with legislative representation services in Sacramento.
Contact:  James Keene, City Manager, 644-6580
Action:  Adopted Resolution No. 60,663-N.S.

18.            Contract:  Security Guard Services
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract with ABC Security Service, Inc. for security guard services at the Corporation Yard and Solid Waste Management Center for the period July 1, 2000 to June 30, 2001 in an amount not to exceed $60,000 for each facility for a total of $120,000; and approve an option to extend the contract for four additional one-year periods up to a maximum of five years at the City's discretion.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Withdrawn by the City Manager to July 25, 2000.

19.            Settlement of Claim:  Marlene M. Clarke v. City of Berkeley
From:  City Manager 
 Recommendation:  
Adopt a Resolution authorizing a settlement of Public Liability Claim Number 00-209, Marlene M. Clarke, in the amount of $5,279.84.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,664-N.S.

20.            Settlement of Claim:  Marquis Matthew McMurray v. City of Berkeley
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing a settlement of Public Liability Claim Number 00-191, Marquis Matthew McMurray, in the amount of $7,500.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted Resolution No. 60,665-N.S.

21.            Smoking in Tot Play Areas
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC), Sections 12.70.010, 12.70.020 and 12.70.030, to prohibit smoking in designated children's play areas called "tot play areas".
Contact:  Manuela Albuquerque, City Attorney, 644-6380
Action:  Adopted first reading of Ordinance .  Second reading July 18, 2000.

22.            Contract:  Back-Up Emergency Radio Transmitter
From:  City Manager
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a sole source contract with Communications Buildings of America to purchase a pre-constructed building to support the City's back-up emergency radio transmitter at the Solid Waste Management Center on Second Street in an amount not to exceed $40,000 for the period July 12, 2000 to March 31, 2001.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Adopted Resolution No. 60,666-N.S.

23.            Contract:  Sanitary Sewer Project
From:  City Manager 
Recommendation: 
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at the Berkeley Marina, Durant Avenue, Fairview Street, Harper Street, Ellis Street, King Street, 62nd Street and 63rd Street; accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,047,864 for a period of 210 calendar days.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Adopted Resolution No. 60,667-N.S.

24.       Grant Agreement:  Gilman and I-80 Roundabout
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to enter into Administering Agency-State Master Agreement No. 000057 and Program Supplement Agreement No. 0379 Rev. 000 with Caltrans to secure a State Transportation Improvement Program (STIP) grant of $100,000 to conduct design and environmental studies for the construction of roundabouts on Gilman Street at I-80.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Removed from the Consent Calendar by Councilmember Woolley.  Moved, seconded, carried (Maio/Spring; Abstain - Armstrong, Woolley) to adopt Resolution No. 60,668-N.S. and to request the City Manager report on which entities will pay for the intersection.

25.            Agreement:  Ashby Avenue and 7th Street Signal (to be delivered)
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to enter into a Cooperative Agreement with Caltrans to fund the modification of the traffic signal at Ashby Avenue and 7th Street.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Adopted Resolution No. 60,669-N.S.

26.            Contract:  Civic Center Building Systems Furniture Design
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with OP Contract, Inc. for Phase II design services for the systems furniture to be installed at 2180 Milvia Street for an amount not to exceed $30,502.50.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Removed from the Consent Calendar by Councilmember Woolley.  Moved, seconded, carried (Worthington/Armstrong; Absent - Maio) to adopt Resolution No. 60,670-N.S.

27.            Contract:  Pavement Condition Survey
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nichols Vallerga and Associates to perform pavement condition survey services, in an amount not to exceed $27,750, for the period July 17, 2000 to September 8, 2000.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Adopted Resolution No. 60,671-N.S.

28.            Contract:  Purchase of Fire Engines
From:  City Manager 
Recommendation: 
Adopt a Resolution awarding a lease purchase contract to Golden State Fire Apparatus for the purchase of fire engines as per Specification F-8770-00, in an amount not to exceed $390,000 per fiscal year over eight years.
Contact:  Reginald Garcia, Fire, 644-6665
Action:  Adopted Resolution No. 60,672-N.S.

29.       Lease Agreement:  2442 Durant Avenue, Delicatessen
From:  City Manager 
Recommendation:  
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Cheese-N-Stuff located at 2442 Durant Avenue for the purpose of operating a delicatessen for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

30.       Lease Agreement:  2444 Durant Avenue, Retail Smoking and Newsstand Store
From:  City Manager 
Recommendation:
Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Dave's Smoke Shop located at 2444 Durant Avenue for the purpose of operating a retail smoking and newsstand store for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  (Abstain - Spring)  Second reading July 18, 2000.

31.       Lease Agreement:  2446 Durant Avenue, Retail Optometry and Optician Service
From:  City Manager 
Recommendation: 
Adopt first reading of an ordinance authorizing the City Manager to execute a lease agreement with Dr. Donald Sebanc located at 2446 Durant Avenue for the purpose of operating a retail optometry and optician service for a term of two years with one 3-year option.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

32.       Lease Agreement:  2425A Channing Way, Photocopy and Offset Printing Shop
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with University Copy Shop located at 2425A Channing Way for the purpose of operating a photocopy and offset printing shop for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

33.       Lease Agreement:  2425B Channing Avenue, Retail Shipping, Packaging and Related Services
From:  City Manager 
Recommendation:
 Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Postal Annex+ located at 2425B Channing Way for the purpose of operating a retail shipping, packaging and related service business for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

34.       Lease Agreement:  2425C Channing Way, Retail Bookstore
From:  City Manager 
Recommendation: 
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Revolution Books located at 2425C Channing Way for the purpose of operating a retail bookstore for a term of five years.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

35.       Lease Agreement:  2439 Channing Way, Do-It-Yourself and Custom  Picture Shop
From:  City Manager 
Recommendation:
  Adopt first reading of an Ordinance authorizing the execution of a lease agreement with Framers Workshop located at 2439 Channing Way for the purpose of operating a do-it-yourself and custom picture shop for a term of five years with two 5-year options.
Contact:  Fran David, Finance, 665-7401
Action:  Adopted first reading of Ordinance.  Second reading July 18, 2000.

36.            Awards:  South Berkeley Community Committee and City Staff
From:  City Manager 
Recommendation: 
Schedule a ceremonial item for July 25, 2000 honoring the South Berkeley Community Committee for a Full-Service Supermarket and City staff for receipt of the California Association for Local Economic Development (CALED) "Development Partnership" Award of Excellence for securing The Berkeley Bowl, a full service grocery store, at the site of the former Safeway supermarket at 2020 Oregon Street.
Contact:  Bill Lambert, Economic Development, 705-8180
Action:  Approved recommendation.

37.       Grant:  Public Health Services
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to accept two grants in the amounts of $402,184 and $100,000 respectively from the Alameda County Children and Families Commission to provide universal home visits to all Berkeley postpartum women by public health nurses, and increase coordination of child care, health and education services for young children and their families through the Prenatal Through Preschool Initiative for the period July 1, 2000 through June 30, 2001, and to execute the resultant agreement and any amendments.
Contact:  Fred Medrano, Health and Human Services, 665-6879
Action:  Adopted Resolution No. 60,673-N.S.

38.       City UC Negotiating Team - Oxford Tract
From:  Councilmember Spring and Mayor Dean
Recommendation: 
Appoint Mayor Dean and Councilmember Spring to negotiate issues concerning University of California's proposed seismic replacement building on the Oxford Tract.
Contact:  Dona Spring, Councilmember District 4, 644-6266; Shirley Dean, Mayor, 644-6484
Action:  Approved recommendation.

39.       Speed Limit Enforcement on Urban Streets
From:  Councilmember Armstrong
Recommendation: 
Direct representatives and lobbyist in Sacramento to work toward crafting and passing a law which would exempt densely populated urban streets from the present "speed trap" laws.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401
Action:  Approved recommendation.

40.            Claremont Hotel Expansion
From:  Councilmember Armstrong
Recommendation: 
Ask the City Manager to direct staff to review and monitor any plans or permit requests or environmental documents submitted by the Claremont Hotel for their proposed expansion and inform us of any opportunities that exist for the City to ensure that the impacts on residents are avoided or mitigated.
Contact:  Polly Armstrong, Councilmember District 8, 644-6401
Action:  Approved recommendation.

41.       I-80 Pedestrian/Bicycle Overpass (to be delivered)
From:  Mayor Dean
Recommendation: 
1)  Direct staff to immediately pursue all potential funding sources to obtain approximately $800,000 to restore those amenities which were eliminated from the I-80 overpass budget due to funding constraints and a larger than expected base construction bid; 2) establish the following priorities to add on to the construction as funding is obtained: a) landscaping, b) seating/rest areas, c) east staircase (from Aquatic Park Shoreline Trail to View Deck and Bridge Span), d) touchdown plaza, e) lighting, f) west staircase (from the Bay Trail to the View Deck and Bridge Span) and 3) request staff provide reports every 30 days to the Council, various commissions involved (Parks and Recreation, Waterfront, and Transportation) and the public on the status of the funding; and 4) request staff provide reports on a regular basis to the Council, various commissions involved (Parks and Recreation, Waterfront, Disability and Transportation) and the public on the items that will be added because new sources of funding have been found.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Removed from the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Worthington/Maio) to approve the recommendation as amended by Councilmember Worthington to remove the $800,000 amount and to pursue all sources of funds with the goal to fund all items recommended by the various commissions and to set the priorities as funds are made available .

42.            Nuisance Abatement and Debris Removal from Private Property
From:  Mayor Dean
Recommendation: 
Request the City Manager 1) implement a stepped-up enforcement program for the removal of unsightly litter, debris and abandoned furniture from private property; 2) within 30 days, make recommendations to revise the pertinent sections of Berkeley Health and Safety Code to allow for quicker public action to remove such debris; 3) within 30 days, make recommendations with regard to allocating the ultimate financial responsibility for debris removal and nuisance abatement; and 4) request the City Manager consult with the Rent Board and staff, the Housing Advisory, Public Works and Solid Waste Management Commissions.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Approved recommendation and requested the City Manager to report back to Council with a time frame.

43.            Housing Authority Board Membership
From:  Mayor Dean
Recommendation: 
1) Request the City Manager analyze whether the Berkeley Housing Authority should continue to be composed of members of the City Council plus two Housing Authority tenants or be restructured as a separate, possible resident-elected board; 2) part of the evaluation to include how other cities in the area structure their Housing Authorities, costs of such a change, and how such change impacts the possibilities of additional federal funding; 3) the City Manager to obtain comments from the two current tenant members of the Authority, League of Women Voters (local branch), interim resident advisory group, current clients (property owners and residents) of the BHA, current residents of public housing, and appropriate boards and commissions; and 4) request the Manager return to the Council with the report no later than approximately six months.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Referred to the Berkeley Housing Authority meeting scheduled for July 25, 2000 as recommended by Councilmember Worthington.

44.            Tobacco Advertising in Local Newspapers
From:  Mayor Dean
Recommendation: 
1) Adopt a Resolution asking local newspapers either to voluntarily decrease/eliminate tobacco advertising or, if this is constitutionally infeasible, place a free public service anti-smoking ad that is equivalent and adjacent to each and every page of tobacco advertising; and 2) ask the City Clerk to forward a copy of the City's resolution to the Managing Editors of the following newspapers:  San Francisco Bay Guardian, East Bay Express, S.F. Weekly, Bay Times, Oakland Tribune, San Francisco Chronicle & Examiner, and Metro.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Adopted Resolution No. 60,674-N.S.  (Abstain - Woolley)

45.       Fee Waiver:  Mount Zion Missionary Baptist Church Business Fair
From:  Mayor Dean
Recommendation: 
Grant the requested waiver of up to $504 for fees in conjunction with the August 19, 2000 Berkeley Mount Zion Missionary Baptist Church Business Street Fair, and 2) refer to the City Manager a request to keep a running tally of all fee waiver requests for policy consideration in conjunction with next year's budget discussion.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Adopted Resolution No. 60,675-N.S.  Requested the Manager to report back on cost projections on fee waivers for the year, historically the fiscal impact of fee waivers and a proposal on handling fee waivers.

46.            Medical Marijuana Ordinance
From:  Councilmember Maio
Recommendation: 
The City Attorney forward copies of the draft Medical Marijuana Ordinance, and a copy of the Oakland ordinance, to the Health Commission.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Approved recommendation.

47.       Fee Waiver:  Fifth Annual Watershed Environmental Poetry
From:  Councilmember Worthington
Recommendation: 
Adopt a Resolution 1) extending the sound permit from 11:00 to 4:30 p.m. and waive the fee to secure the use of the Veterans Memorial Building in the event of rain for the Fifth Annual Watershed Environmental Poetry event in Martin Luther King, Jr. Civic Center Park, Saturday, September 9, 2000; 2)  waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow a banner across Shattuck Avenue, and waive City permits, staff fees, and necessary equipment associate with hanging the banner; and 3) allow access to the kiosk located outside of downtown Berkeley BART station on Center Street to display a poster and any information relating to the event.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Adopted Resolution No. 60,676-N.S.

48.            Initiative:  Save Agriculture and Open Space Lands
From:  Councilmembers Worthington, Woolley, Olds, Vice Mayor Shirek
Recommendation: 
Support Alameda County initiative to Safe Agriculture and Open Space Lands, and send letters to the Alameda County Board of Supervisors.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Diane Woolley, Councilmember District 5, 644-6294; Betty Olds, Councilmember District 6, 644-6399;
Maudelle Shirek, Councilmember District 3, 644-6243.
Action:  Approved recommendation.

49.       Fee Waiver:  Second Annual Berkeley World Music Festival
From:  Councilmember Worthington
Recommendation: 
Waive all fees, including fees for event, food, sound permits, insurance fees, and police reserve fees, associated with the Second Annual Berkeley World Music Festival on Sunday, August 27, and allow an exemption to Berkeley Municipal Code (BMC) Section 20.24.040, allowing a banner to be hung across Telegraph Avenue at Durant advertising this event; and 2) approve the City's provision of the following in-kind services: ten portable toilets, assistance from Public Works in hanging the banners, twenty trash cans with liners, dumpster and solid waste services, and traffic signage and engineering for the closure of Durant at Telegraph and Bowditch.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Adopted Resolution No. 60,677 -N.S.

50.       Utility Reform Network (TURN)
From:  Councilmember Worthington
Recommendation: 
Refer the Utility Reform Network (TURN) opening and reply comments to the Task Force on Undergrounding Utilities and Undergrounding Utilities Subcommittee.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Approved recommendation.  Mayor Dean added for the record that this matter is already on the Task Force’s next agenda.

51.            Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah)
From:  Peace and Justice Commission
Recommendation: 
Adopt a Resolution requesting the Los Angeles District Attorney drop all charges against Sara Jane Olson (aka) Kathleen Ann Soliah), and for Judge James Ideman to dismiss all charges to end a vindictive prosecution; and request Governor Gray Davis to pardon Sara Jane Olson (aka Kathleen Ann Soliah) during her period of alleged activities with and on behalf of the Symbionese Liberation Army, so this turbulent period can finally be put to rest.
Contact:  Manuel Hector, Secretary, 665-6880
City Manager Report
Recommendation: 
The City Manager takes no position concerning the recommendations of the Commission.
Contact:  Fred Medrano, Health and Human Services, 665-6879
Action:  Removed from the Consent Calendar by Councilmember Armstrong.  Held over to July 25, 2000.

52.            Additional Funds for Affordable Housing
From:  Housing Advisory Commission (HAC)
Recommendation: 
1) Direct the City Manager to continue investigating the possibility of developing a local dedicated source of funding for the Housing Trust Fund; and 2) urge the Alameda County Board of Supervisors to put a bond measure on the November ballot to fund affordable housing.
Contact:  Oscar A. Sung, Secretary, 644-6001
City Manager Report
Recommendation: 
Concurs with content and recommendations of the Commission.
Contact:  Stephen Barton, Housing, 665-3481
Action:  Approved recommendation.

53.       Well and Groundwater Survey
From:  Community Environmental Advisory Commission
Recommendation: 
Instruct a letter to be sent to the San Francisco Water Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB) requesting these agencies maintain the highest possible uses of groundwater in the Berkeley sub-basin in the amended Water Quality Control Plan (Plan).  The amended Plan should recognize the intent of the City to use its groundwater resources in the future for municipal, domestic, irrigation and industrial purposes.
Contact:  Nabil Al-Hadithy, Secretary, 705-8155
City Manager Report
Recommendation:  
Concurs with the content and recommendations of the Commission.
Contact:  Wendy Cosin, Planning and Development, 705-8108
Action:  Approved recommendation.

54.       Donald G. Watts Trust
From:  Board of Library Trustees
Recommendation: 
Adopt a Resolution authorizing the Board of Library Trustees to consent to the reformation of the Donald G. Watts Trust.
Contact:  Adelia Lines, Library, 644-6095, ext. 18
City Manager Report
Recommendation: 
Concurs with the content and recommendation of the Board.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Adopted Resolution No. 60,678-N.S.

Presentation

55.       Annual Report, Library Board of Trustees
Contact:  Adelia Lines, Library, 644-6095
Action:  Heard presentation.

Action Calendar

Appeals:

56.       Zoning Appeal of Use Permit, 2334 Curtis Street
a.         Appeal filed by Alan Stern
of the Zoning Adjustments Board decision of March 23, 2000 which approved a use permit to expand a lawful non-conforming use by converting two units on the second floor to an existing fourplex into a 1,160 square foot unit and to replace a unit into the unused 665 square foot basement.
Contact:  Sherry Kelly, City Clerk, 644-6480

b.         City Manager Report
Recommendation: 
Adopt a Resolution denying the appeal of Use Permit, and uphold the decision of the Zoning Adjustments Board to approve Use Permit 99-10000099.
Contact: Wendy Cosin, Planning and Development, 705-8105
c.            Communications
1.         Duff Johnson
2.         Alan Stern
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved, seconded, carried (Spring/Armstrong; Abstain – Dean)to adopt Resolution No. 60,679-N.S. affirming the decision of the Zoning Adjustments Board and denying the appeal.  Mayor Dean asked the record to reflect that she abstained because the Notice of Decision contained inaccurate information.

57.       Zoning Appeal of Use Permit, 1144 Miller Avenue
a.         Appeal filed by Christopher J. Hunt, Eric and Michele Merrill, John and Jean DeWitt, and Larry Riley and Lucy McCoy
of the Zoning Adjustments Board decision of April 27, 2000 which approved a use permit to construct a 3,086 square foot single family house; and a use permit to construct an accessory building (detached garage) that encroaches on the 25% of a through lot nearest to Whitaker Avenue.
Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
(to be delivered)
Recommendation: 
Adopt a Resolution affirming the decision of the Zoning Adjustments Board.
Contact: Wendy Cosin Planning and Development, 705-8105
c.            Communications
1.         Jean Waxdeck
2.         Helen Lewy
3.         Collin G. Murphy
4.         Marna Clark
5.         Barbara Allen and Robert E. Allen, FAIA
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved to Consent Calendar by Councilmember Worthington.  Adopted Resolution No. 60,680-N.S. affirming the decision of the Zoning Adjustments Board and denying the appeal.

58.       Zoning Appeal of Use Permit, 1155 Euclid Avenue
a.         Appeal filed by Marilyn McCartney,
of the Zoning Adjustments Board decision of May 25, 2000 which approved Use Permit 00-10000045 for the project located at 1155 Euclid Avenue to convert a 492 square foot portion of an existing ground floor of a single family house into an accessory dwelling unit.
Contact:  Sherry Kelly, City Clerk, 644-6480
b.         City Manager Report
Recommendation: 
Adopt a Resolution affirming the decision of the Zoning Adjustments Board to convert a portion of the ground floor of an existing residence into a 492 square foot accessory dwelling unit.
Contact: Wendy Cosin Planning and Development, 705-8105
c.            Communications
1.            Alex and Kate Pope
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved, seconded, carried (Spring/Worthington; Abstain – Dean) to adopt Resolution No. 60,681-N.S. affirming the decision of the Zoning Adjustments Board and denying the appeal.  Mayor Dean asked the record to reflect she abstained because the driveway is mutually owned and she believes both parties should be in agreement on this project.

59.       Zoning Appeal of Use Permit, 2016-2020 Dwight Way
a.         Appeal filed by Reuben Kolenbrenner.
of the Zoning Adjustments Board decision of December 9, 1999 which denied use permit 99-10000018 for the project located at 2016-2020 Dwight Way to: a) allow the construction of a multi-family dwelling; b) to allow portions of the structure to be 43 feet in height where otherwise the maximum building height is 35 feet.
Contact:  Sherry Kelly, City Clerk, 644-6480
a.         City Manager Report
Recommendation: 
Adopt a Resolution denying the appeal and upholding the decision of the Zoning Adjustments Board regarding certain Use Permits at 2016 Dwight Way.
Contact:  Wendy Cosin, Planning and Development, 705-8108
b.            Communications
1.         John E. Gutierrez, Attorney, requesting continuance to September 12, 2000.
Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 60,682-N.S. affirming the decision of the Zoning Adjustments Board and denying the appeal.

60.            Decision Regarding Kragen Auto Parts, Revocation of Use Permit From:  City Manager  (Reports and communications that were distributed to Council on June 20 and 27 are not included.) (to be delivered)
Recommendation:  Adopt a Resolution affirming the Zoning Adjustment Board decision to revoke Use Permit No. A1433, Kragen Auto Parts, 1600 University Avenue. 
Contact:  Wendy Cosin, Planning and Development, 705-8108
Action:  Moved, seconded, carried (Spring/Maio; Noes - Armstrong, Olds, Shirek, Woolley) affirming the decision of the Zoning Adjustments Board to revoke the use permit; denying the appeal; and directing staff to prepare a resolution with findings for approval on July 18, 2000.

61.       Ballot Measure - Eviction for Good Cause (held over from June 20, June 27)
From:  City Manager 
Recommendation: 
1) Consider placement of Ordinance on the November 2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9 in order 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 2) provide the City Attorney with any comments regarding the wording of the text, title and City Attorney analysis of such ordinance.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
a.         City Manager Supplemental Report of June 27
Recommendation: 
1) Consider placement of the Ordinance on the November 2000 ballot to amend Berkeley Municipal Code (BMC) Chapter 13.76.130A.9 in order 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 2) provide the City Attorney with any comments regarding the wording of the text, title and City Attorney analysis of such ordinance.
Contact:  Manuela Albuquerque, City Attorney, 644-6380
b.            From:  Commission on Disability
Recommendation: 
Delay action until the June 27 meeting on amending owner occupancy provisions of eviction for good cause sections of rent ordinance.
Contact:  Virginia Vafa, Secretary, 665-3440
c.            From:  Commission on Aging - Information Report
Contact:  Lisa Ploss, Secretary, 644-6050
d.            From:  Housing Advisory Commission (HAC)
Recommendation: 
Approve the Rent Board version of the ballot measure to strengthen eviction controls in Berkeley with the following changes:  a) occupancy requirements for landlord move-in be changed from 36 months to 24 months; b) the underlined words be added to the section which states:  "The landlord may not recover possession under this subsection (13.76.130A) if a comparable unit, owned by the landlord in the City of Berkeley,  was, at the time of the landlord's decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City of Berkeley, becomes vacant….."; c) change the age of protected seniors from 60 to 65 years; and d) change the criteria to extend eviction protection to any tenant who has resided at the property for five years or more where the landlord has a 50% (rather than a 10% or greater ownership interest in any form whatsoever, in ten (instead of 5) or more rental units in the City of Berkeley.
Contact:  Stephen Barton, Housing, 665-3481
Actions:  Moved, seconded, failed (Olds/Armstrong; Noes - Shirek; Abstain - Breland, Maio, Spring, Worthington) a substitute motion to place on the ballot a measure that amends the ordinance as follows: protects seniors over 65 years and disabled tenants (by State definition) from eviction by an owner desiring to either move into the unit or have a family member move into the unit if the tenant has resided in the unit for five or more years and the owner has owned the unit for five or more years. 
Moved, seconded, carried (Spring/Worthington; Noes - Olds; Abstain - Armstrong, Woolley, Dean) the main motion to approve the language of a ballot measure that would provide eviction protection from owner/family move-ins as presented in the June 27 draft with the following amendments:  the ordinance protects seniors 60 years and over and disabled persons from owner/family evictions; exempts two-unit properties on one lot where the owner owns no more than 10% interest in other property in Berkeley and has owned the property for five years or more; and requires the owner/family must occupy the unit for 36 months after occupying the unit; and allows an owner who is either disabled or over 60 years of age to move in to the unit as well as other family members.

Old Business:

62.            Contract:  Martin Luther King, Jr. Civic Center Building (removed from the Consent Calendar by Councilmember Spring and held over from June 27)
From:  City Manager 
Recommendation: 
Adopt a Resolution authorizing the City Manager to execute contract amendments with ELS Elbasani & Logan, Architects, to add interior design services for the Martin Luther King, Jr. Civic Center Building at 2180 Milvia and increasing the authorized contract amount by $71,500 for a new contract total amount not to exceed $2,571,500.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Held over to July 25, 2000.

63.       City Manager’s Budget Policy Recommendations from Report of May 9, 2000 (held over from June 27
Recommendation:  Adopt budget policies to guide development of future budgets and help ensure the City's long-term fiscal stability.
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Held over to July 25, 2000.

64.       Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR 99-116) (removed from Consent Calendar by Councilmember Worthington and held over from June 20, June 27) 
From:  City Manager 
Recommendation: 
Postpone action on approving a "no trucks" restriction along the Claremont, Belrose, Derby and Warring corridor until the effectiveness of enhanced police enforcement is determined.
Contact:  Rene Cardinaux, Public Works, 665-3460
Action:  Held over to July 25, 2000.

65.            Commission Term Limits and Leave of Absences (held over from April 4, April 11, May 9, May 23 and June 13, June 27)
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 July 25, 2000.

66.             Landmarks Preservation Ordinance and Zoning Ordinance (Removed from Consent Calendar by Vice Mayor Shirek.  Held over from May 16, May 23, June 13, June 27.)
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 July 25, 2000.

67.            Landmarks Preservation Ordinance and Zoning Ordinance (held over from June 27)
From:  Mayor Dean
Recommendation: 
1) If the City Manager wishes to pursue these amendments, Council directs the City Manager to present them directly to the Planning Commission and the Landmarks Preservation Commission.  Referral to the Commissions should include all of the correspondence Council has received regarding this matter; 2) request the Commissions make recommendations on the proposed amendments and forward their comments to the Council as information reports on July 25 if possible.  If not possible, the Commissions advise the Council and staff of the time frame in which they will be able to review these matters; and 3) request staff to provide a report to Council in September regarding this matter.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Held over to July 25, 2000.

68.            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, May 9, May 2, June 13, June 27)
From:  City Manager  - Information Report
Contact:  Rene Cardinaux, Public Works, 665-3439
Action:  Held over to July 25, 2000.

69.            Regulation of Indoor Entertainment Events (held over from May 23, June 13, June 27)
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 July 25, 2000.

70.       Annual Berkeley Transit Pass (held over from April 4, April 11, May 9, May 23, June 13, June 27)
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 July 25, 2000.

71.            Parking Issues for Home Health Care Workers and Community Service Program (Removed from Consent Calendar by Councilmember Olds.  Held over from May 9, May 23, June 13, June 27) 
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 July 25, 2000.

72.            Support for Rick Young and His Efforts to Meet with the UC Berkeley Chancellor for Housing on the Underhill Block (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13, June 27)
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:  Moved to Consent Calendar by Councilmember Armstrong.  (Noes - Armstrong, Dean; Abstain - Woolley)  Mayor Dean stated for the record that this kind of item is what has caused strained relationships between the City and the University of California Berkeley.)

73.            Notification of Meetings in Central Berkeley (Removed from the Consent Calendar by Councilmember Armstrong and held over from May 23, June 13, June 27)
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:  Held over to July 25, 2000.

74.       Web Page Accessibility for People with Disabilities (Removed from the Consent Calendar by Mayor Dean and held over from May 23, June 13, June 27)
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:  Moved to Consent Calendar by Councilmember Armstrong to direct the City Clerk to schedule the presentation for a future meeting.  (Noes – Dean)  Mayor Dean asked the record to reflect that the South Berkeley Library is already using this technology and that Council meeting time is fully booked.

75.       Budget Referral:  Good Driver Recognition Program (removed from the Consent Calendar by Mayor Dean and held over from June 13, June 27)
From:  Councilmember Worthington
Recommendation: 
Congratulate personnel involved in beginning a Good Driver Recognition Program, and refer to the budget process $5000 for the Berkeley Police Department's Good Driver Recognition Program.
Contact:  Kriss Worthington, Councilmember District 7, 644-6398
Action:  Held over to July 25, 2000.

76.       Limit Number of Agenda Items from the Council Action:  (Removed from the Consent Calendar by Councilmember Spring and held from June 13, June 27)
From:  Councilmember Breland
Recommendation: 
Adopt a policy limiting the number of agenda items at each Council meeting to no more than three (3) items per Councilmember per meeting and that no additional items be allowed on following agendas until the original items have been addressed.
Contact:  Margaret Breland, Councilmember District 2, 644-6400
 Action:  Directed the City Clerk to schedule a discussion on Items 76, 77 and 78 for a future agenda after the summer recess.

77.            Council Meeting Procedures:  (Removed from the Consent Calendar by Councilmember Spring and held over from June 13, June 27)
From:  City Auditor
Recommendations: 
1) Council consider these possible improvements to their rules of procedure, along with other suggestions; that discussion of these matters be public and not referred to the Rules Committee; and that Council then vote on these or alternative suggestions no later than July 11 for implementation on September 19:  1) That Council-initiated items which are primarily ceremonial or advisory, and which have no impact on City staff except for writing a letter, be Consent Calendar items, but that all other Council-initiated items be placed on the Action Calendar;  2) allow sufficient time for staff review of all Council-generated Action reports by submitting them to the City Clerk when City Auditor and City Manager reports are due, twenty days before the date of the Council meeting.  3) request the City Manager ensure that during the review period financial implications, estimated staff time, and impact on Departmental work plans and time budgets,  are transmitted to the initiator of the item and included in the revised item; 4) items whose fiscal and workload impact cannot be estimated before a vote be resubmitted, with analysis, at a subsequent meeting; and 5) Council-generated items which are held over must be voted up or down at the next available Council meeting (non-public hearing meeting); 6) an annual limit on the number of Action items each of the nine Councilmembers may submit be agreed upon by Council, such as, based on three (3) per agenda, a limit (budget) of 96 annual per legislator if there are 32 meetings per year; 7) items carried over once and submitted a third time count toward the limit; and 8) rather than refer these suggestions to the Council Rules Subcommittee, a final Council vote should be scheduled on July 11 regarding this proposal and any amendments desired, and revised procedures instituted for the September 19 meeting.
Contact:  Ann-Marie Hogan, City Auditor, 644-6440
Action:  Directed the City Clerk to schedule a discussion on Items 76, 77 and 78 for a future agenda after the summer recess.

78.            Council Meeting Procedures (Removed from the Consent Calendar by Councilmember Spring and held over from June 13; from supplemental communications and reports, June 27)
From:  Mayor Dean
Recommendations: 
Amendments to Auditor's proposal:  1) Council-initiated items which are primarily ceremonial or advisory, and which have no impact on City staff except for writing a letter, be Consent Calendar items, but that all other Council-initiated items be placed on the Action Calendar; a) items removed from the Consent Calendar will be handled as they are currently handled;  2) that Council allow sufficient time for determining financial and work load impact of all Council-generated Action reports adopting the following process:  a) Council-generated Action items require a minimum of two votes by the Council prior to implementation; b) The first vote is a preliminary vote which signifies Council interest sufficient to trigger the use of staff resources necessary to perform a fiscal and work load impact analysis; c) staff will complete its review within 30 days.  If it is not possible to complete the review within this period of time, the City Manager will submit a brief report to the Council stating the reason and indicating the time frame in which the analysis will be prepared; d) the original Council-generated item and staff review will be placed on the agenda under the category of "Previous Council Referred Action Reports" for final vote.  These items will follow appeals, presentations and public hearings on the agenda; 3) rather than refer these suggestions to the Council Rules Subcommittee, a final Council vote should be scheduled on July 11, or some other Council agreed upon date, regarding this proposal and any amendments desired, and revised procedures instituted for the September 19 meeting;  4) adjourn this Council meeting and any subsequent meeting at which more than three items are not completed to the following Thursday evening at 7:00 p.m., at which meeting no new items will be scheduled, and the only items being considered are those items that have not been completed from the previous Tuesday agenda.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Directed the City Clerk to schedule a discussion on Items 76, 77 and 78 for a future agenda after the summer recess.

79.            Robotic Parking at Center Street Garage (Removed from the Consent Calendar by Councilmember Worthington and held over from May 23, June 13, June 27)
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:  Held over to July 25, 2000.

80.            Procedures Relating to Interim and Permanent City Manager (held over from June 27)
From:  Mayor Dean
Recommendation: 
Adopt procedures to fill the City Manager position on an interim and permanent basis.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Held over to July 25, 2000.

81.       City Manager Position (held over from June 27)
From:  Councilmember Maio
Recommendation: 
Discuss filling the City Manager position in the interim and the process and timeline for selecting a permanent City Manager.
Contact:  Linda Maio, Councilmember District 1, 644-6359
Action:  Moved to the Consent Calendar by Councilmember Maio the portion of the recommendation to address the interim process and to appoint Councilmembers Maio, Shirek, Spring and Mayor Dean as negotiators to meet in closed session on July 18, 2000 and to direct staff to agendize this matter also on the regular open meeting agenda of July 18, 2000.  The remaining portion of the recommendation held over to July 25, 2000. (Noes - Woolley)  Councilmember Woolley asked the record to reflect that she objected to the process not to any particular candidate.

82.       Taxi Scrip Program (held over from June 13, 27)
From:  Commission on Aging
Recommendation: 
Restore the distribution percentages for the taxi scrip program to 86/14, with 86% of available funds being assigned to taxi scrip for seniors and the balance going for other purposes.
Contact:  Lisa Ploss, Secretary, 644-6050
City Manager Report - Information
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580
Action:  Moved to Consent Calendar by Councilmember Armstrong.  ( Noes – Worthington; Abstain - Armstrong, Breland, Maio, Olds, Shirek, Spring  Recommendation not approved.

New Business:

83.       Voting Delegates, League Annual Conference
From:  City Manager
Recommendation: 
Designate a voting delegate and alternate to act on behalf of the City at the policy-making meeting and direct the City Clerk to transmit the names of the delegates to the League no later than August 18, 2000.
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Moved to Consent Calendar by Councilmember Worthington to appoint Mayor Dean as the delegate and to give the City Manager or his designee alternate voting rights.

Information Reports

84.            Landmarks Preservation Commission Notices of Decision:  921 University Avenue (Suendermann Plumbing Co. Building); 4 Greenwood Common; 2100 Shattuck Avenue (Francis K. Shattuck Building); 1475 Rose Street (Old Jefferson School Building) (BMC 3.24.190 allows Council to move this report to “Action” to certify the decision and set a public hearing)
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Received and filed.

85.            Election Information on Web
 From:  City Manager 
Contact:  Sherry Kelly, City Clerk, 644-6480
Action:  Received and filed.

Supplemental Agenda - Action Calendar:

86.            Memorial Stadium Lighting Emergency Working Group
From:  Mayor Dean
Recommendation: 
1) Create an emergency working group consisting of the City Manager, Mayor Dean and Councilmember Armstrong which, pursuant to CEQA, will review and prepare comments on the proposed stadium lighting; 2) in anticipation of the University's likely request for a Categorical Exemption from the full Environmental Impact Report requirements of CEQA, approve the preparation and filing of an objection to the Categorical Exemption; and 3) request that a progress report from the working group be placed on the agenda of the July 18, 2000 Council meeting.
Contact:  Shirley Dean, Mayor, 644-6484
Action:  Moved to Consent Calendar by Councilmember Worthington and approved recommendation as amended to add Councilmember Worthington to the working group and any other councilmember that desires to be part of this as long as membership does not exceed four;  to include the Landmarks Preservation Commission comments; and to agendize a progress report on the matter for July 18, 2000.

Communications

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

Page No.
1.         Bhima Sheridan, re Electronic Vehicle for Mail Delivery.  Worthington, Maio
2.         Joe Washington, re Stadium Lights.  Worthington
3.            Summer Brenner, re University Avenue traffic.  Maio, Breland, Spring, Dean
4.         Daniel W. Burkhart, The White House, re Andreas Toupadakis.
5.         L A Wood, re Audit of US EPA Region IX, Enforcement and Compliance Division.  Breland
6.         Donal & Lynn Glaser, re Fire Station #7.
7.         Jerri Holan, AIA, Architects Engineers, Planners, The McGregor Building, re Martin Luther King Jr./Civic Center Park Project.  Worthington, Maio, Dean
8.         Philip Armstrong, United States Environmental Protection Agency, re Lawrence Berkeley National Laboratory.
9.         Michael J. Vandeman, re Determination of Critical Habitat for the Alameda Whipsnake.  Worthington
10.       Rachel A. Rupert, re Millennium Peace Bell Project.
11.       Billy Quealy, re Neuter Ordinance.
12.       Richard Berkeley, re UACH Building.
13.       John Vance, A First amendment Center, regarding community information. (additional pages on file for review in the City Clerk’s
14.       Robert Hagedorn, re animal ordinance.  Spring

SUPPLEMENTAL COMMUNICATIONS 
AND AGENDA REPORTS

Item/Subject/Description

Item 3 - Placing Measures on the November 2000 Ballot
15.       James Keene, City Manager, supplemental report.

Item 15 - Animal Licensing and Spay and Neuter Ordinance
16.       James Keene, City Manager, Ordinance, revised Section 10.04.088

Item 41 - I-80 Pedestrian/Bicycle Overpass
17.       Mayor Shirley Dean, report and revised recommendation.

Item 42 - Nuisance Abatement and Debris Removal from Private Property
18.       Mayor Shirley Dean, copies of photos

Item 51 - Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah)
19.       Terry Washburn, General Delivery

Item 57 - Zoning Appeal of Use Permit, 1144 Miller Avenue
20.       Ulrich Dahmen and Penelope Hanan-Dahmen

Items 80-81 - Interim and Permanent City Manager Position
21        Helen R. Wheeler  Worthington

Item 86 - Memorial Stadium Lighting Emergency Working Group
22.       Robert M. Berdahl, Chancellor, University of California Berkeley
23.       Jeff Eichenfield, Acting Chair, Landmarks Preservation Commission  Worthington, Spring

Adjournment

 Action:  Moved, seconded, carried (Olds/Armstrong) to extend the meeting past 11:00 p.m. for the purpose of discussing Item 51. 

The meeting adjourned at 11:10 p.m.


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