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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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AGENDA

 

BERKELEY CITY COUNCIL REGULAR MEETING

 

TUESDAY, JANUARY 16, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

           

            Proclamation Honoring Disability Activist Jean Nandi

 

Comments from the City Manager:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

 

Comments from the Public:  A total of thirty (30) minutes is scheduled.  Each speaker is limited to a maximum of three (3) minutes.

 

Youth Forum:  A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.  Each speaker is limited to a maximum of three (3) minutes.

 

Council Action: The City Council may take action related to any subject listed on the Agenda.

 

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the “Action Calendar” unless the Council reorders the agenda.

 

1.            Recess Items

            a.            Moving Services for Civic Center Building

                        From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a purchase order with Cor-O-Van to provide moving services for the Civic Center Building, in an amount not to exceed $94,600.

                        Contact:  Rene Cardinaux, Public Works, 665-3460

 

2.         Needle Exchange Emergency Distribution
From:  City Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Public Health Officer to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 644-6480

 

3.         Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for the meetings of:  a) December 5, 2000 (special); b) December 12, 2000 (regular); c) December 19, 2000 (regular); and d) December 22, 2000 (special).

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

 

4.         Excused Absences for Religious and Cultural Holidays

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.02.030 to excuse commissioners from attendance at meetings when requested in advance for observance of religious and cultural holidays.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

 

5.         Amend Definition of "Creek"

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 17.08.030.A to define "creek" as any above-ground creek appearing on the most recent version of the Berkeley Creeks map prepared by the Department of Public Works Engineering Division.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

 

6.         Small Business Preference Program (CR#79-00)

            From:  City Manager

            Recommendation:  1) Request the Planning Commission, in developing the Economic Development Element of the revised General Plan, include policies to promote the maintenance of a diverse economic base including an appropriate mix of local, regional, and national-based businesses, and propose programs and zoning proposals to implement such policies; and 2) issue an RFP for a consultant to recommend, not implement, a "Shop Berkeley" business program with $25,000 in funding as provided in the FY01 budget (not a Preferred Berkeley Business program as referred to in Council's action of April 4, 2000).

Contact:  Wendy Cosin, Planning and Development, 705-8108; Bill Lambert, Economic Development, 705-8180

  

7.         Agreement:  Bus/Transit Shelter Implementation

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Transit Shelter Implementation Agreement and any amendments with LAMAR Transit Advertising to build 125 advertising bus shelters within the jurisdictional limits of Berkeley during the period August 1, 2000 to July 31, 2010.

Contact:  Wendy Cosin, Planning and Development, 705-8108

 

8.         Contract:  General Plan Environmental Review

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with LSA and Associates to add $43,500 in previously allocated General Plan Update funds for a total contract amount not to exceed $83,810 for completion of the required environmental review for the draft General Plan, and extending the term of the contract until January 31, 2002.

            Contact:  Wendy Cosin, Planning and Development, 705-8108

 

9.         Certified Unified Program Agency (CUPA) Program Fees

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,601-N.S. to reduce the rates charged for CUPA annual fees in the underground storage tank and hazardous materials programs under Sections 1 and 2, Chapter D, of the "Fee Schedule for Services Provided by Planning and Development Department."

Contact:  Wendy Cosin, Planning and Development, 705-8108

 

10.       Contract:  Earthquake Strengthening Services

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Community Energy Services Corporation in an amount not to exceed $51,850 to deliver earthquake strengthening services to low income elderly and/or disabled people and community based programs (non-profits) that serve these and other vulnerable populations, for the period December 1, 2000 to August 30, 2001.

Contact:  Arrietta Chakos, City Manager's Office, 644-6580

 

11.       Contract:  Sanitary Sewer Project

            From:  City Manager

Recommendation:  Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Jones Street, 4th Street through 9th Street, Kains Avenue, Stannage Avenue, Glen Avenue, Laurel Street and High Court; accepting the bid of J. Howard Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $914,263 for a period of 180 calendar days.

Contact:  Rene Cardinaux, Public Works, 665-3460

 

12.       Spruce Street Reconstruction

            From:  City Manager

Recommendation:  Adopt a Resolution 1) authorizing the filing of an application for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the Spruce Street Reconstruction Project; 2) committing the necessary local match for the project, 3) stating the assurance of the City to complete the project; and 4) authorizing the City Manager to execute the resultant grant agreement and any amendments.

Contact:  Rene Cardinaux, Public Works, 665-3460

 

13.       Salary and Classification Changes for Engineers

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to increase salary ranges for engineering classifications, effective December 24, 2000, to reflect equity adjustments; provide new salary ranges with no salary steps for engineering classifications in representation unit "M"; establish an Associate Utility Engineer classification; retitle Traffic Engineer and Supervising Building Plans Engineer classifications; and abolish the Assistant City Engineer classification.

            Contact:  Ron Brown, Human Resources, 665-7614

 

14.       Contract: Natural Resource Management Plan for Aquatic Park

            From:  City Manager

Recommendation:  Adopt a Resolution 1) accepting the bid of Laurel Marcus and Associates for completion of an Aquatic Park Natural Resource Management Plan; and 2) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $70,000 for a six month period.

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

 

15.       Contract:  HIV Prevention and Education

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the Pacific Center for Human Growth to increase the amount by $8,000, for a total not to exceed $31,500, for HIV prevention and education services for the period July 1, 2000 to June 30, 2001.

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

 

16.       Loan Agreement:  Berkeley EcoHouse

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a loan agreement and any related agreements and amendments with Berkeley EcoHouse for the period February 1, 2001 until December 31, 2056, in an amount not to exceed $40,000, for repayment of principle on loans used to acquire and improve property at 1305 Hopkins Street, to serve as a demonstration of sustainable living and a community resource.

Contact:  Stephen Barton, Housing, 665-3481

  

17.       Moratorium on Massage Parlors on University Avenue

            From:  Councilmember Spring

Recommendation:  Request the Planning Commission initiate a moratorium on any new massage parlors locating on University Avenue due to the high concentration of such establishments on the avenue.

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

 

18.       Emergency Moratorium on Smoke Shops

            From:  Councilmembers Spring and Breland

Recommendation:  Declare an emergency moratorium on permitting any additional smoke shops in the City and refer this issue to the Planning Commission for action.

Contact:  Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400

 

19.       Urgency Moratorium for Shops Selling Tobacco Products

            From:  Mayor Dean

Recommendation:  1) Request the City Attorney draft for Council review within three months an ordinance regulating the opening of new shops which are substantially devoted to the sale of tobacco and tobacco products; and 2) immediately enact a moratorium on approvals for such shops until this new ordinance is in place.

Contact:  Shirley Dean, Mayor, 644-6484

 

20.       Transportation Demand Management Study

            From:  Councilmembers Armstrong, Hawley, Olds and Mayor

            Dean

Recommendation:  Direct staff to expedite the completion and release of the Transportation Demand Management Study.

Contacts:  Polly Armstrong, Councilmember District 8, 644-6401; Mim Hawley, Councilmember District 5, 644-6294; Betty Olds, Councilmember District 6, 644-6399; and Shirley Dean, Mayor, 644-6484

 

21.       Protecting Creeks from Sewer Overflow

            From:  Councilmember Olds

Recommendation:  Request the City Manager make it a priority to replace sewer lines within one hundred feet of all creeks with PVC in order to protect our creeks from pollution from sewer back-ups and overflows.

Contact:  Betty Olds, Councilmember District 6, 644-6399

 

22.       City Employee Flu Shots

            From:  Councilmember Armstrong

Recommendation:  Regularly allocate yearly funds to the Health Department for City employee flu shots.

Contact:  Polly Armstrong, Councilmember District 8, 644-6401

 

23.       Oppose Nominations of Chavez, Ashcroft, Norton

            From:  Councilmember Worthington

Recommendation:  Oppose President Bush's nominations of Labor Secretary-designate Linda Chavez, Attorney General designate John Ashcroft, and Interior Secretary-designate Gale Norton; send letters to US Senator Diane Feinstein and Senator Barbara Boxer in strong opposition of nominations of Chavez, Ashcroft and Norton.

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

 

24.       Support Pro-Democracy Week January 15-20

            From:  Councilmember Worthington

            Recommendation:  Support Pro-Democracy Week from January

            15-20, 2001.

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

 

25.       Support S1900 and HR3700 - High Speed National

            Rail/Transit System

            From:  Mayor Dean

Recommendation:  1) Support S1900 and HR3700, introduced, respectively, by Senator Frank Lautenberg and Representatives Houghton and Amo, which provide $10B in federal bonds, paid for with federal income tax credits to the bondholders, for the creation and enhancement of a national high-speed rail system, including local intercity passenger rail carriers; 2) request the City Clerk notify the bill sponsors and the City's Washington representatives and lobbyist of the City's position; and 3) refer the National Rail Transit Policy to the Transportation Commission for comments on adoption of this policy as the official City policy on this subject.

Contact:  Shirley Dean, Mayor, 644-6484

 

26.       Free or Low-Cost Public Amenities

            From:  Mayor Dean

Recommendation:  Direct the City Manager 1) explore with Infinity Outdoor proposals which might result in free or low-cost public amenities (street furniture, public automatic toilets, bus shelters kiosks) in exchange for advertising capacity and also without advertising capacity; 2) evaluate status of Lamar/AC Transit/City proposal to provide bus shelters and benches and determine whether this proposal is valid.  If it is valid, to bring this to Council within 30 days.  If the proposal is valid, and cannot be brought to Council within a 30-day time frame, provide a report to the Council as to when the proposal will be ready for Council action.  If the proposal is not valid, to inform Council of that fact; 3) outline to Council a process by which these matters will be considered, such process to include all safeguards to ensure competitive bidding and ensure that the City receives the best deal possible, and also considering the desire to give preference to purchasing from Berkeley-based companies.

Contact:  Shirley Dean, Mayor, 644-6484

  

27.       P.G.&E. Actions to Assist Low-Income Energy Customers and Creating a Berkeley Power Authority (to be delivered)

            From:  Mayor Dean

            Recommendation:  1) Delegate to the Mayor the writing of a letter to the California Public Utilities Commission (CPUC) requesting they require P.G.&E. to set a goal for conservation of electrical and natural gas energy, and this goal be expressed as a percentage to be reached within a specified time; require P.G.&E. to outline steps to achieve that goal including notification of each customer with clear "how-to's" that achieve energy reduction; require review of programs to assist low-income customers and steps on how such programs can be strengthened through infusion of funds from the P.G.&E. division showing a profit; 2) delegate to the Mayor the writing of a letter to other cities, Governor Davis and the state offices of the California League of Cities informing them of the above request to the CPUC and requesting they join in the request; and 3) direct the City Manager to investigate and report back to Council as soon as possible on the mechanics and timing of forming a Berkeley Power Authority for the limited purpose of purchasing energy at a lower cost, for financing conversions to alternative energy sources or undergrounding utilities for residents, businesses and institutions within the city limits.

            Contact:  Shirley Dean, Mayor, 644-6484

 

28.       Police Review Commission Policy Recommendations

            From:  Police Review Commission

Recommendation:  Request the City Manager direct the Berkeley Police Department (BPD) to:  1) instruct dispatchers to call the Berkeley Mental Health Mobile Crisis Team to assist and intercede whenever possible in cases involving mentally disturbed persons; 2) retrain officers regarding pepper spray and issues of positional asphyxia and excited delirium; 3) prohibit officers involved in internal affairs or PRC investigations from contacting complainants and witnesses in regard to issues of the investigation; and 4) direct the Berkeley Fire Department (BFD) to request and/or work with Alameda County Emergency Medical Services to develop protocols for handling persons who have been pepper sprayed.

Contact:  Barbara Attard, Secretary, 644-6716

            a.            City Manager Report

            Recommendation:  Concurs with the content and recommendations

            of the Commission.

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

 

 

Action Calendar

 

Old Business:

Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included.  However, new material has been noted with an *.

 

29.       Status of the Tree Preservation Ordinance (CR# 97-123) (held

            over from 12/19)

            From:  City Manager

Recommendation:  Direct the City Manager and the Parks and Recreation Commission to return in three months with a tree preservation ordinance that protects Coast Live Oak trees over six (6) inches in diameter on private property city-wide and all trees regardless of species, over twelve (12) inches in diameter on properties with multi-unit buildings, and base it upon the "neighbor-to-neighbor" approach.

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

 

30.       Prohibiting the Use of Skateboards, Rollerblades, Bicycles, Scooters, and Similar Devices During Special Events (removed from the Consent Calendar by Councilmember Shirek and held over from 12/5, 12/19 (revised))

From:  Mayor Dean and Councilmember Mim Hawley

Recommendation:  Request the City Attorney draft an ordinance which would prohibit the use of skateboards, rollerblades, bicycles, scooters, and similar devices at the Solano Stroll.

Contact: Mayor Shirley Dean, 644-6484; Councilmember Mim Hawley, District 5, 644-6294

           

             3 31.       Cost of Netanyahu Event (removed from the Consent Calendar by Councilmember Worthington and held over from 12/12, 12/19)

            From:  Councilmember Spring

                             Revised Recommendation:  Request the City Manager: 1) provide information as to the cost to the taxpayers of Berkeley regarding the Netanyahu event at the Berkeley Community Theatre; 2) return to Council with a draft of an ordinance that would require promoters of large, for-profit indoor events to give at least two weeks advance notice to Berkeley's Police Chief concerning such events and whether they would require up to one security guard per 25 attendees of the event.

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

 

New Business:

 

32.       Fire Safety Services Special Tax

            From:  City Manager

Recommendation:  1) Adopt a Resolution declaring the City's intent to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made; and 2) adopt first reading of an Ordinance levying a special tax within Community Facilities District No. 1 (Disaster Fire Protection.)

Contact:  Reginald Garcia, Fire, 644-6665

  

33.       North Shattuck Urban Design Report

            From:  City Manager

Recommendation:  1) Adopt a Resolution adopting the Negative Declaration for the North Shattuck Urban Design Report, approving the Report, and authorizing the City Manager to seek grant funding for implementation.

Contact:  Wendy Cosin, Planning and Development, 705-8108

 

34.       Electric Rates (CR 204-00)

            From:  Berkeley Energy Commission

            Recommendation:  Adopt a Resolution adopting the Recommended

            Response to the California Electric Power Market Crisis, and

            authorizing the City Manager to communicate the City's

            recommendation to appropriate State authorities.

Contact:  Stephen Barton, Housing, 665-3481

a.            City Manager Report

Recommendation:  Adopt the Resolution and plan regarding electricity rates that has been offered by the Berkeley Energy Commission.

Contact:  Neal De Snoo, Housing, 665-3486

 

35.       Traffic Calming Principles

            From:  Commission on Disability

Recommendation:  Adopt the following principles as City policy:  Traffic calming devices used by the City 1) cause no harm to anyone; and 2) provide equal access to every Berkeley street for everyone.

Contact:  Rosemary Dady, Secretary, 665-3419

a.            City Manager Report

Recommendation:  Refer the Commission on Disability request for adoption of principles regarding traffic calming to the Transportation Commission's Traffic Calming process and to the Planning Commission's General Plan process.

Contact:  Rene Cardinaux, Public Works, 665-3460

 

Information Reports

 

36.       Formal Bid Solicitation and Request for Proposals Scheduled in

            the Next 30 Days

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

 

37.       Special Events:  Public Transportation Information (CR#

            197-00)

            From:  City Manager

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

 

38.       Grant Renewal:  Chronic Disease Prevention

            From:  City Manager

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

  

39.       Permit Streamlining for New Power Plants

            From:  Mayor Dean

            Contact:  Shirley Dean, Mayor, 644-6484 

 

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

 

Page No.

 

1.         Sister Makinya, re: claim against the YMCA and the City.

 

2.         Diane Hamilton, re: shelter extensions.

 

3.         Patrick Kennedy, re: Arts as a Way to Save Downtowns.

 

4.         Linda Maio, re:  Patrick Mebine demolition of 1728 Delaware

 

5.         Re:  Congregation Beth El Project, 1301 Oxford Street

            a.  Michael R. Berger

            b.  Brenda Kahn

            c.  Mary Pat Farrell

            d.  Ginny Roemer

            e.  Matthew Friedman

            f.  Judith and Earl McGinty

            g.  Deborah G. Peres

            h.  Carol Marchant, R.D.

            i.   Rosemary Graham and Kevin Griffin

            j.  Gail Keleman

            k.  Allen F. King

            l.   Robert A. Goldstein

            m. Linda Gerson

            n.  Dr. Lauren Heim Goldstein

            o.  Jerry Derblich

            p.  Dr. Allen Goldstein

            q.  Sari Friedman

            r.   Ruth A. Durling

            s.  Paul Glassner

            t.  Ruth M. Pardee

            u.  Patty and Peter Coffin

            v.  Candace Falk

            w. Charles J. Meyers, PhD.

            x.  Sarah Thornton

            y.  Charles and Clavel Fender

            z.  Sarah Leonard

            aa.  Thom Seaton

 

6.         Sherry H. Smith, Chair, Berkeley Civic Arts Commission, re:  WESTAF Symposium, "Accessibility of Berkeley's Addison Streetscape".

 

7.         Blake Street Block Association (signed by 9 individuals), response to proposed General Plan.

 

8.         Brian de Vallance, Director, U.S. Department of Justice, Office of Intergovernmental Affairs, response to Council letter regarding racial, sexist, political and religious profiling in U.S. law enforcement.

 

9.         Mike Parker, re:  more strict and serious conditions and codes at Berkeley High School.

 

10.       Sarah Wikander, President, Berkeley Architectural Heritage Association, re:  Napoleon Bonaparte Byrne House Site and Grounds.

 

Adjournment


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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
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.