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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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AGENDA

 

BERKELEY CITY COUNCIL REGULAR MEETING

 

TUESDAY, MARCH 27, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

 

Ceremonial Matters:

 

            Proclamations Honoring Sean Lampley, Courtney Johnson, and the UC Men's Basketball Team

 

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 and/or action.

 

Comments from the Public:  A total of thirty (30) minutes is scheduled. 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 held over to the next meeting unless the City Manager requests action due to priority.

 

1.         Regulation of Street Events and Block Parties (CR# 15-01) (first reading vote 3/20/01 - unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance repealing and reenacting Chapter 13.44 of the Berkeley Municipal Code (BMC), Assemblies and Parades.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

   

2.         Ordinance:  Advance Notice to Police Department (CR# 10-01) (first reading vote 3/20/01 - unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance enacting new Chapter 13.47 of the Berkeley Municipal Code (BMC) to require promoters of large indoor events to give at least two weeks notice of such events to the Police Chief.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

           

3.         Contract:  Parking Ticket Processing Services (to be delivered)

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a new contract with Clancy Systems to provide parking ticket processing services (hand-held computers, blank citations and other related equipment) enabling the Parking Enforcement Unit of the Police Department to write approximately 20,000 tickets per month.

            Contact:  D. E. Butler, Police, 981-5700

 

4.         Contract:  Sanitary Sewer Project

            From:  City Manager

Recommendation:  Adopt a Resolution 1) approving plans and specifications for the Sanitary Sewer Project located at Curtis Street, Browning Street, Bonar Street, Rose Street, Scenic Avenue and Bayview Place; 2) accepting the bid of Gold Wing Engineering; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $836,796 for a period of 150 calendar days.

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

5.         Contract:  Public Safety Building Phase II Design

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PERMCO Engineering and Management for Public Safety Building Phase II design and construction support services, in an amount not to exceed $80,000 for all services and reimbursable expenses for the term ending June 30, 2003.

           Contact:  Rene Cardinaux, Public Works, 981-6300

 

6.         Henry Pancoast Traffic Diverter Project

            From:  City Manager

Recommendation:  Adopt a Resolution 1) approving the plans and specifications for the Henry Pancoast Traffic Diverter Project; 2) accepting the bid of AJW Construction; and 3) authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $35,000, for the period April 2, 2001 to August 30, 2001.

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

7.         Reporting Stolen or Lost Firearms (CR#37-00)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance adding a new Berkeley Municipal Code (BMC) Chapter 13.75 entitled "Duty to Report Theft or Loss of Firearms."

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

 

8.         Contract:  Berkeley TRiP

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Regents of the University of California to act as administrator for Berkeley TriP for FY2000/2001.

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


9.         Contract:  Employee Assistance Plan

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing a new contract with Managed Health Network to continue to provide services for the City's Employee Assistance Plan, effective July 1, 2000 through June 30, 2001, in an amount not to exceed $65,218.

Contact:  Ron Brown, Human Resources, 981-6800

 

10.       Contract:  Mental Health Services

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a performance contract and any amendments with the State Department of Mental Health for the provision of mental health services, in accordance with California Welfare and Institutions Code Section 5650, for FY2000.

Contact:  Fred Medrano, Health and Human Services, 981-5100

 

11.       Contract:  Behavioral Healthcare Consultant

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Robert Surber, Behavioral Healthcare Consultant, for assistance in developing a comprehensive integrated service model for the most seriously mentally disabled individuals, in an amount not to exceed $10,000, for the period March 15, 2001 through September 30, 2001.

            Contact:  Fred Medrano, Health and Human Services, 981-5100

   

12.       2034 Cedar Street, Appeal of Zoning Adjustments Board Denial of Modification of Use Permit and Variance

            From:  City Manager

            Recommendation:  Remand the item to the Zoning Adjustments Board so that the Board can consider several pending items concerning this project concurrently.

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

            a.            Appeal of A. Ali Eslami, Use Permit 00-10000101, of decision of Zoning Adjustments Board to deny modification of Use Permit 99-10000027 to create a third story in an existing attic space in a building with 41.99% lot coverage where a maximum of 35% is permitted for three-story buildings in the R-2A District; and Variance of the Zoning Ordinance to retain an 8' x 24' portion at the rear of the building covering 46% of the lot where a maximum of 40% is allowed for two-story buildings.

            Contact:  Sherry Kelly, City Clerk, 981-6900

           

13.       Low and Moderate Income Housing Projects

            From:  Councilmembers Breland and Hawley

Recommendation:  Refer to the City Manager and the Housing Advisory Commission the policies and procedures for encouraging the development of low-income and market-rate housing in Berkeley, and report to Council within ninety days with a recommendations for implementation. 

            Contact:  Margaret Breland, Councilmember District 2, 981-7120; Mim

            Hawley, Councilmember District 5, 981-7150

 

14.       Personal Assistance Service (PAS) Crisis Team

            From:  Councilmember Spring

Recommendation:  Allow an eight-minute presentation by the Personal Assistance Service (PAS) Crisis Team after the Public Comment period at the April 17, 2001 Council meeting.

            Contact:  Dona Spring, Councilmember District 4, 981-7140

 

15.       Fee Waiver:  First Annual Arts Access Festival

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution waiving the special event fees for permits; use, sound and insurance for the use of MLK Civic Center Park and the Veterans Building on October 6, 2001 for the first annual Arts Access Festival; and provide the following in-kind services:  1) four portable accessible toilets; 2) eight trash cans, dumpster; and 3) allow an exemption to Berkeley Municipal Code (BMC) Section 20.24.040 to allow a banner to be hung across Shattuck Avenue advertising the event; and request Public Works crew to assist in hanging the banner; and refer a request for $3,206 for access mats to the FY2001-02 budget process.

            Contact:  Dona Spring, Councilmember District 4, 981-7140

   

16.       Assembly Bill 81, Sales Tax to Internet Sales

            From:  Mayor Dean

Recommendation:  1) Support AB 81 (Migden, Aroner) which amends the sales and use tax law to clarify and restate how existing nexus rules apply to Internet retailers; and 2) request the City Clerk notify the bill sponsors, the City's Sacramento lobbyist, the State Board of Equalization and Governor Davis.

            Contact:  Shirley Dean, Mayor, 981-7100

 

17.       Senate Bill 73 Low Income Housing Tax Credits

            From:  Mayor Dean

Recommendation:  1) Support SB 73 (Dunn, Torlakson) which increases from $50 million to $70 million, the FY2001 total amount allowed for the state's low-income housing tax credit, with automatic adjustment thereafter in line with inflation; and 2) request the City Clerk notify the bill sponsors and the City's Sacramento legislative representatives and lobbyist.

            Contact:  Shirley Dean, Mayor, 981-7100

 

18.       Minimum Wage Level and Other State Measures

            From:  Mayor Dean

Recommendation:  1) Request the City Clerk write the sponsor of AB 181 (Assemblymember Koretz) and ask him to improve legislation so that state-mandated minimum wage will better meet the needs of the working poor; 2) support AB692 (Aroner) which pushes the state to establish the structure and funding for Individual Development Accounts (IDAs) which are provided for in the federal "welfare reform" legislation of 1996; 3) support the development of other legislation to improve the self-sufficiency of the working poor, including a state level Earned Income Tax Credit similar to the federal version; and 4) request the City Clerk notify the bills' sponsors and our City's Sacramento legislators and lobbyist of the City's position.

            Contact:  Shirley Dean, Mayor, 981-7100

 

19.       "Adjusted Count" in 2000 Census

            From:  Mayor Dean

Recommendation:  Request the City Manager take any and all steps (such as writing letters, joining with other organizations, conferring with Washington lobbyist, etc.) which would result in using an "Adjusted Count" rather than a "Head Count" in arriving at the population of the City in the 2000 Census; and that such steps specifically include consideration of supporting the lawsuit being filed by Los Angeles in this matter.

            Contact:  Shirley Dean, Mayor, 981-7100

 

20.       Pedestrian Safety Planner

            From:  Mayor Dean and Councilmembers Hawley and Olds

Recommendation:  Refer to the City Manager the establishment of a Pedestrian Safety Planner position and that the Council further requests that this matter be considered for possible inclusion within the budget process.

Contact:  Shirley Dean, Mayor, 981-7100; Mim Hawley, Councilmember District 5, 981-7150; Betty Olds, Councilmember District 6, 644-6399  

21.       City Vehicle Purchasing Policy and Procedure

            From:  Councilmember Maio

Recommendation:  The City Manager develop a policy and procedure that would stipulate that each municipally purchased passenger vehicle will be most fuel-efficient model available that is suitable for the task.  The procedure shall require departments to justify the purchase of sport utility vehicles (SUVs).

            Contact:  Linda Maio, Councilmember District 1, 981-7110

 

22.       Budget Referral:  Berkeley Mount Zion Helping Hands of Hope

            From:  Councilmember Maio

Recommendation:  Refer $25,000 to the budget process for Berkeley Mount Zion Helping Hands of Hope project.

            Contact:  Linda Maio, Councilmember District 1, 981-7110

 

23.       Support AB 48x, California Community Choice Bill

            From:  Councilmember Maio

Recommendation:  Adopt a Resolution supporting Assembly Bill 48x, the California Community Choice Bill sponsored and advocated by Assemblymember Carole Migden;  and urge Assemblymember Migden to amend the bill to require that utilities, at the aggregator's cost, alter the distribution system and install meters such that the aggregators may purchase power based on its annual load profile.

            Contact:  Linda Maio, Councilmember District 1, 981-7110

 

24.       Earth Charter

            From:  Councilmembers Maio and Worthington

Recommendation:  Endorse the Earth Charter and adopt a Resolution in support of its principles and adoption by the United Nations at the 2002 World Summit for Sustainable Development (Rio+10).

Contact:  Linda Maio, Councilmember District 1, 981-7110; Kriss Worthington, Councilmember District 7, 981-7170

 

25.       Budget Referral:  City CarShare Proposal

            From:  Councilmembers Maio, Hawley and Armstrong

Recommendation:  1) Refer to the budget process a request for $115,000 for startup funding for a Berkeley city CarShare proposal; and 2) request the City Manager direct staff to search for other sources of funding.

            Contact:  Linda Maio, Councilmember District 1, 981-7110; Mim Hawley,

            Councilmember District 5, 981-7150; Polly Armstrong, Councilmember District

             8, 981-7180

   

26.       Sunshine Ordinance

            From:  Councilmember Worthington

Recommendation:  Refer to the City Clerk and the City Manager studying the feasibility of a Berkeley Sunshine Ordinance and a process of implementation.

            Contact:  Kriss Worthington, Councilmember District 7, 981-7170

 


27.       Assembly Bills 1063 and 1611, Student Housing

            From:  Councilmember Worthington

Recommendation:  Support AB1063 (Aroner) and AB1611 (Keeley) allowing the state to fund student housing.

            Contact:  Kriss Worthington, Councilmember District 7, 981-7170

 

28.       Fee Waiver:  Bay Area Shakespeare Festival Camp

            From:  Parks and Recreation Commission

Recommendation:  Adopt a Resolution waiving all fees for the use of John Hinkel Park Amphitheatre by the Bay Area Shakespeare Camp for June 18 through June 29, 2001; July 16 through July 27, 2001; and August 13 through August 24, 2001, in exchange for up to four low income scholarships for each session.

            Contact:  Jay Kelekian, Secretary, 981-6707

a.            City Manager Report

Recommendation:  Concurs with Commission's recommendations.

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

29.       Budget Referral:  Funds for Peace and Justice Commission

            From:  Peace and Justice Commission

Recommendation:  Refer $15,000 to the FY2002 and FY2003 budget process to provide funding to enable the Peace and Justice Commission to carry out its mandate to educate and inform citizens on matters of peace and social justice.

            Contact:  Manuel Hector, Secretary, 981-5110

a.            City Manager Report

Recommendation:  Refer the funding request to the budget process.

            Contact:  Fred Medrano, Health and Human Services, 981-5100

 

Public Hearings

 

30.       Extend Residential Permit Parking

            From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution amending Section 25J of Resolution No. 56,508-N.S. by adding a subsection to extend residential permit parking on the west side of Milvia Street between Oregon Street and Russell Street, and authorizing the use of $300 from the operating budget of the Public Works Department to cover implementation costs.

            Contact:  Rene Cardinaux, Public Works, 981-6300

                a.            Communications

            1.  Roberta Ohs and Robert Dowling  



Action Calendar

 

Old Business

 

31.       Medical Marijuana Ordinance (CR# 99-171)

            From:  City Manager

Recommendation:  Adopt first reading of a Medical Marijuana Ordinance and adding Berkeley Municipal Code (BMC) Section 12.26 to establish protocols for medical cannibis; 2) reject the Medical Marijuana Ordinance proposed by the Community Health Commission (CHC); and 3) adopt a Resolution directed to the Alameda County District Attorney requesting that he not seek a felony conviction against first offenders arrested for the sale of a small amount of marijuana.

Contact:  Fred Medrano, Health and Human Services, 981-5100

            Action:  Moved, seconded, carried (Armstrong/Maio; Noes - Maio, Spring, Dean) to hold discussion during this meeting and to schedule a vote on the matter on March 27, 2001. 

 

32.       Policy:  Compatibility of Outside Employment by Members of Boards and Commissions

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) section 3.02.050 providing for Council determination as to whether outside employment of public officials is incompatible and providing for automatic termination of board and commission appointments under certain circumstances, as determined by the Council.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

            Action:  Held over to March 27, 2001 as requested by Councilmember Armstrong and waived Council rules in order to schedule a vote on the matter on March 27, 2001. 

 

33.       Whether Gordon Wozniak is Engaged in Employment Incompatible with Membership on the Community Environmental Advisory Commission

            From:  City Manager

            Recommendation:  Consider and determine whether Gordon Wozniak is engaged in an employment, activity or enterprise for compensations which is inconsistent, incompatible or in conflict with his or her duties as a member of the Community Environmental Advisory Commission.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

            Action:  Held over to March 27, 2001 as requested by Councilmember Armstrong and waived Council rules in order to schedule a vote on the matter on March 27, 2001. 

 

 

Information Reports

           

34.       Inspection of Gas Heating Appliances (CR# 256-00)

            From:  City Manager

            Contact:  Stephen Barton, Housing, 981-5400

35.       Preparation of Environmental Documents for Lower Codornices Creek Improvement Plan

            From:  City Manager

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

36.       Oleoresin Capsicum (Pepper Spray) Protocols (CR# 8-01)

            From:  City Manager

            Contact:  D. E. Butler, Police, 981-5700

 

37.       Application:  New Housing Incentive Program (HIP)

            From:  City Manager

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

 

38.       Priority Setting Budget Workshop Feedback (to be delivered)

            From:  City Manager

            Contact:  Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

 

39.       Transportation for Livable Communities (TLC) Capital Grant Application for University Avenue (CR# 250-00)

            From:  City Manager

            Contact:  Bill Lambert, Economic Development, 705-8180

 

 

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.         Anthony Bruce, regarding Berkeley Architectural Heritage Association (BAHA) 26th Annual Spring House Tour.

 

2.         Charles A. Jones, regarding office building moratorium.

 

3.         Regarding 1717 University Avenue

            a.  Marie Carayanis (two letters

            b.  Nick Carayanis

            c.  Rose Georgette

 

4.         Jo Ann B. Price, President, League of Women Voters, regarding Council decision on East Campus Playing Fields

 

5.         Carol Connolly, regarding Beth El project, 1301 Oxford Street

 

6.         Regarding East Bay Depot for Creative Reuse.

            a.  Dr. Debra Koppman

            b.  Irene Hegarty, Director, Office of Community Relations, University of

                 California.

 

7.         Wendy Alfsen, Corresponding Secretary, Walk&Roll Berkeley, regarding

             SB10.

 

8.         Margie Gurdziel, regarding lighting for Berkeley High Baseball team.

 

9.         Kip Siegel, General Manager, Jim Doten Honda, regarding stolen cars (referred

             by Councilmember Maio)

 

10.       Corliss Lesser, regarding American Soil to extend Aquatic Park.

 

11.       Anne Marselis, regarding Berkeley Police conduct.

 

12.       K.O., regarding Berkeley Tool Library.

 

13.       The Berkeley Main Street Alliance, regarding The Small Business Preference

            Program.

 

14.       Donald Read, Chair, Citizens' Budget Review Commission, regarding Municipal

            Utility Users' Tax.

 

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.