AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
MAY 8, 2001
The
Regular Council meeting will adjourn at 8:30 p.m. for the purpose of
conducting a special joint meeting with the Berkeley Unified School
District Board of Trustees, and the Council will reconvene at
approximately 10:00 p.m.
Preliminary
Matters
Roll
Call: 6:00
p.m.
Ceremonial
Matters: In
addition to those items listed on the agenda, the Mayor may add additional
ceremonial matters.
Proclamation
for Day of the Teacher
Proclamation
for Older Americans Month
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.
Presentation
1.
Presentation of the City Manager’s Fiscal Year 2002-2003
Biennial Budget
From: City
Manager
Contact:
Weldon Rucker, City Manager, 981-7000
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.
2.
Procedural Amendment to Berkeley Municipal Code (BMC)
(first reading vote 4/24 - unanimous)
From: City
Manager
Recommendation:
Adopt second reading of an Ordinance amending Berkeley
Municipal Code (BMC) Section 3.02.040C to eliminate numerical reference to
an old, rescinded resolution.
Contact: Sherry Kelly, City Clerk, 981-6900
3.
Annual Appropriations Ordinance (first reading vote 4/24
-
unanimous)
From: City
Manager
Recommendation:
Adopt second reading of an Ordinance amending Annual
Appropriations Ordinance No. 6553-N.S. for FY 2001 based upon changes in
funding in the amount of $2,541,155.
Contact: Phil Kamlarz, Deputy City Manager, 981-7006
4.
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 Local Health Officer to take steps to enable the operation
of needle exchange emergency distribution.
Contact: Sherry Kelly, City
Clerk, 981-6900
5.
Minutes for Approval
From: City Manager
Recommendation: Approve
minutes for the meetings of a) April 17, 2001 (special); b) April 17, 2001
(regular); c) April 24, 2001 (special); d) April 24, 2001 (regular); and
e) April 26, 2001 (adjourned regular).
Contact:
Sherry M. Kelly, City Clerk, 981-6900
6.
Agreement: California
Highway Patrol Training
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City
Manager to execute an agreement and any amendments with the State of
California Department of California Highway Patrol for participation in
certain training programs at no cost to the City.
Contact: D. E.
Butler, Police, 981-5700
7.
Grant: Juvenile
Accountability Incentive
From: City
Manager
Recommendation:
Adopt a Resolution approving the grant application to the State
Office of Criminal Justice Planning (OCJP) in the amount of $49,691 to
promote greater accountability of juveniles in the Justice System;
authorizing matching funds in the amount of $5,521; and authorizing the
City Manager to execute any resultant agreement and amendments.
Contact: D. E. Butler, Police, 981-5700
8.
Contract: Purchase
of Fire Equipment
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract with Allstar Fire Equipment to purchase protective coats and
trousers or turnouts for one year in an amount not to exceed $42,050.
Contact: Reginald Garcia, Fire, 981-3473
9.
Purchase Order: Temporary
Agency Services
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to approve a
purchase order with Procurement Services Associates, from July 1, 2000
through January 24, 2001, not to exceed $35,000, for temporary employment
to the Purchasing Division in the Finance Department.
Contact: Fran David, Finance, 981-7300
10.
Lease: 1950 Addison
Street
From: City
Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City
Manager to make monthly lease payments for the remaining two years of a
five-year lease with 1950 Addison Street Associates LLC in an amount not
to exceed $170,955 for lease payments, plus $17,255 for operating
expenses, for a total not to exceed $188,210 to house the Berkeley
WorkSource Employment Program at 1950 Addison Street, and repealing
Ordinance No. 6405-N.S.
Contact: Fran David, Finance, 981-7300
11.
Owner/Guardian Ordinance and Provisions Regarding Service
Dogs (CR# 33-01)
From: City
Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Chapter 10.04 (Dog and Cat Licenses and Regulations) to change
the term "owner" to "owner/guardian," clarify
exceptions that apply to service dogs, and make other minor
clarifications.
Contact: Manuela Albuquerque, City Attorney, 981-6950
12.
Building Code Amendment
From: City
Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Section 19.28.130A, to amend language in order to ensure life
safety standards for all live/work and work/live occupancies.
Contact: Wendy Cosin, Planning and Development, 705-8102
13.
Contract: As-Needed
Refuse Hauling Services
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract and any amendments to the Waste Management Davis Street Transfer
Station for as-needed long haul services, for the period May 10, 2001
through June 30, 2002, for a total not to exceed $50,000.
Contact: Rene Cardinaux, Public Works, 981-6300
14.
Contract: Accessible
Restroom Remodel
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to 1) approve
plans and specifications for the Accessible Restroom Remodel at Old City
Hall; 2) accept the bid of Eternal Construction Inc.; and 3) authorize the
City Manager to execute a contract and any amendments in an amount not to
exceed $85,920.
Contact: Rene Cardinaux, Public Works, 981-6300
15.
Business License and Use Permit Criteria for Medical Cannabis
Cooperative Distribution Centers
From: Councilmembers Breland, Maio and Worthington
Recommendation:
1) Request the City Manager recommend
criteria and a process for the licensing and permitting of medical
cannabis store/outlet "cooperatives", including a quota of such
establishments; and 2) the City Manager halt the granting of new permits
and review the permits of the existing cooperatives to determine an
appropriate review process.
Contact:
Margaret Breland, Councilmember District 2, 981-7120; Linda Maio,
Councilmember District 1, 981-7110 ; and Kriss Worthington, Councilmember
District 7, 981-7170
16.
Pedestrian Safety Program of Crosswalk Flags
From: Councilmember
Armstrong
Recommendation:
Request the City Manager to refer to the Public Works
Department a new pedestrian safety program of crosswalk flags.
Contact: Polly Armstrong, Councilmember District 8, 981-7180
17.
Fee Waiver: Woman's
Will Shakespeare Company
From: Councilmember
Armstrong
Recommendation:
Adopt a Resolution waiving the special event permit fees
associated with performances by Woman's Will Shakespeare Company in Live
Oak Park this summer on July 21 and 22.
Contact: Polly Armstrong, Councilmember District 8, 981-7180
18.
Traffic Signs: Alternate
Route to Highway 24
From: Councilmember
Armstrong
Recommendation:
Request the Traffic Engineering Department post signs on Dwight
Way west of Telegraph Avenue, and on eastbound Ashby Avenue west of
Telegraph Avenue, informing drivers that Telegraph Avenue is a route to
Highway 24.
Contact: Polly Armstrong, Councilmember District 8, 981-7180
19.
Fee Waiver: Berkeley
Arts Festival Opening Day
From:
Councilmember Spring
Recommendation: Adopt
a Resolution waiving the permit fees for the Berkeley Arts Festival Opening
Day, Saturday, June 16, 2001.
Contact:
Dona Spring, Councilmember District 4, 981-7140
20.
Fee Waiver: Downtown
Berkeley Association Summer Noon
Concert Series
From: Councilmember
Spring
Recommendation:
Adopt a Resolution waiving the sound and special event permit
fees for the Downtown Berkeley Association's free summer noontime concert
series in the months of June and July 2001.
Contact: Dona Spring, Councilmember District 4, 981-7140
21.
Fee Waiver: Berkeley
Arts and Crafts Collective
From: Councilmember
Spring
Recommendation:
Adopt a Resolution waiving the permit fees for reinforcing the
URM at the thirty year old Berkeley Arts and Crafts Collective at 1652
Shattuck Avenue, ACCI.
Contact: Dona Spring, Councilmember District 4, 981-7140
22.
Stages Accessible to People in Wheelchairs
From: Councilmember
Spring
Recommendation:
Refer to the City Manager a request for a good faith effort at
making the stages at City facilities wheelchair accessible.
Contact: Dona Spring, Councilmember District 4, 981-7140
23.
Fee Waiver: 18th
Annual Himalayan Fair
From: Councilmember
Maio
Recommendation:
Adopt a Resolution waiving all fees associated with the 18th
Annual Himalayan Fair, May 26 to May 27, at Live Oak Park including fees
for park usage, rental fee for the Live Oak Recreation Center, sound
permit fees from 1 to 5 p.m., fees for Port a Potty services and food
permit fees; waive Berkeley Municipal Code (BMC) Section 20.24.040 to
permit two banners to be hung over or near Shattuck Avenue.
Contact: Linda Maio, Councilmember District 1, 981-7110
24.
Fee Waiver: Pro
Arts Open Studio Event
From: Councilmember
Maio
Recommendation:
Adopt a Resolution waiving all fees for the use of the West
Berkeley Senior Center (including courtyard and some side rooms) for the
Pro Arts Open Studio event to be held on the weekends of June 8-10 and
June 15-17, and allow an exemption to Berkeley Municipal Code (BMC)
Section 20.24.040 allowing a banner to be hung near the Center to
advertise this event.
Contact: Linda Maio, Councilmember District 1, 981-7110
25.
Fee Waiver: Dedication
of Sustainable Earth Wall Building at
Northside Gardens
From: Councilmember
Maio
Recommendation:
Adopt a Resolution waiving fees for the dedication event for a
City building at the Northside Community Garden on June 3, 2001; and
approve a proclamation supporting the construction and dedication of the
building to the City.
Contact: Linda Maio, Councilmember District 1, 981-7110
26.
Support Senate Bill 993, The Early Education and Wage Equity
Act
From: Councilmember
Maio
Recommendation:
Adopt a Resolution supporting California Senate Bill 993, The
Early Education and Wage Equity Act, authored by Senator Liz Figueroa.
Contact: Linda Maio, Councilmember District 1, 981-7110
27.
Geneva's Path
From: Councilmember
Maio
Recommendation:
Name the short path stretching from Neilson to Curtis to Gilman
"Geneva Agnes Gates Foote", after a neighborhood activist who is
also being honored this year by the Commission on the Status of Women.
Contact: Linda Maio, Councilmember District 1, 981-7110
28.
Young Artists Work Space Project
From: Councilmember
Maio
Recommendation:
Refer to the budget process a request of $15,000 for the Young
Artists Work Space (YAWS) Project.
Contact: Linda Maio, Councilmember District 1, 981-7110
29.
Budget Referral: West
Berkeley Market
From: Councilmembers
Maio and Breland
Recommendation:
Refer to the budget process a request for $45,000 in funding to
the West Berkeley Neighborhood Development Corporation (WBNDC) to support
the first season of the West Berkeley Market.
Contact: Linda Maio, Councilmember District 1, 981-7110; Margaret
Breland, Councilmember District 2, 981-7120
30.
Free Parking and Incentives to the Use of Clean-Air Vehicles
From: Mayor
Dean
Recommendation:
Request the City Manager investigate, with a report back to
Council, the immediate implementation of a two-year pilot program of free
parking at City garages and parking meters for clean-air (low/no emission
non-polluting) vehicles, the Clean Vehicle Parking Program.
Contact: Shirley Dean, Mayor, 981-7100
31.
Berkeley High Students in Class (to be delivered)
From: Mayor
Dean
Recommendation:
Express support for Berkeley Unified School District to have
all students in class between 2nd and 6th period by
requesting the City Manager work with the School Board, Superintendent and
Berkeley High School personnel to move students out of Civic Center Park and into the school
they should be attending during the hours school is in session (except for
lunch period); urge the School Board eliminate gaps in student schedules
by establishing mandatory study halls, staffed by volunteers temporarily
until the end of this school year, while working on a permanent solution
for next year.
Contact: Shirley Dean, Mayor, 981-7100
32.
Budget Referral and Establishment of
"Artisan District" to Support Berkeley Artists (to
be delivered)
From: Mayor
Dean
Recommendation:
Refer to the City Manager the establishment of a West Berkeley
"Artisan District" and refer to the budget process an allocation
of $30,000 to create signs, banners and marketing program to designate the
area.
Contact: Shirley Dean, Mayor, 981-7100
33.
Opposition to Drilling for Oil and Gas in the Alaskan Arctic
Wildlife Refuge
From: Mayor
Dean
Recommendation:
Reaffirm opposition to the proposal to explore and drill for
oil and gas in the Alaskan Arctic Wildlife Refuge and inform the
President, Secretary of the Interior, Energy Secretary and our state and
federal legislators of Council's opposition.
Contact:
Shirley Dean, Mayor, 981-7100
34.
Support Senate Bill 1074 - Sales and Use Tax Exemptions
From: Mayor
Dean
Recommendation:
1) Support SB 1074 (Soto) which authorizes sales and use tax
exemptions for specified green energy-generating equipment; and 2) request
the City Clerk notify the bill sponsor, the Governor, and the City's
Sacramento legislators and lobbyist; include in these letters a note to
the effect that the City's prior support of SBX1 1 (authorized by Council
on April 24) should be corrected to the new bill number, SB 1074.
Contact: Shirley Dean, Mayor, 981-7100
35.
Budget Referral: Creation of a Lesbian, Gay, Bisexual,
Transgender, Feminist Community Center
From: Councilmember
Worthington
Recommendation:
Refer to the budget process $25,000 to assist in the planning
process to explore the creation of a Lesbian, Gay, Bisexual Transgender,
Feminist Community Center.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
36.
Standards for Arsenic in Drinking Water
From: Commission
on Aging
Recommendation:
Send a letter to the Environmental Protection Agency (EPA)
Chief Christie Whitman protesting the failure of the EPA to adopt new and
more stringent standards that would cut the allowable amounts of arsenic
in drinking water, and a copy to President George Bush, Senator Diane
Feinstein and Senator Barbara Boxer.
Contact: Lisa Ploss, Secretary, 644-6050
a.
City Manager Report
Recommendation:
The City Manager takes no position concerning the
recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 981-5100
37.
Safe Routes to School Grant
From: Transportation
Commission
Recommendation:
Establish a top priority to ensure implementation of the
$450,000 Safe Routes to School grant from CalTrans which may be in
jeopardy due to the lack of progress on the project and the necessity to
meet a funding obligation deadline of September 2001.
Contact: Joe Kott, Secretary, 705-8134
a.
City Manager Report
Recommendation:
Adopt a Resolution accepting Federal funds in the amount of
$450,000 for the Safe Route to Schools Project along Telegraph Avenue
between Derby Street and Russell Street,and authorizing $50,000 of General
Funds (Fund 010) to be used as matching funds.
Contact: Rene Cardinaux, Public Works, 981-6300
Action
Calendar
Priority:
38.
Decision on Zoning
Appeal of Use Permit, 2700 San Pablo Avenue (see
agenda packet of March 20 for reports and communications; new materials
marked with *; public hearing held on April 24, 2001)
a.
Appeal filed by Christopher J. Hudson, applicant,
of the Zoning Adjustments Board decision of November 9, 2000, which
denied: Use Permit 99-10000095 with findings, to demolish an existing
building and construct a 4-story mixed use building and for a quick
service food use located at 2700 San Pablo Avenue.
b. City Manager
Information Report
Contact: Wendy Cosin, Planning and Development, 705-8102
c.
Communications
1. Ali R. Kashani, Executive Director, Affordable Housing
Associates*
2. Howie
Muir*
3. Joshua
Polston*
4. Gem
Diwa*
5. Matt
Raimi*
6. Lisa
Polston*
7. Ken
Fox*
8. Jennifer Gibbons*
9. David
Tabb*
10. John M. Benson*
11. Alex Bernstein*
12. Benjamin Grant*
13. Jubilee Courtyard Apartments*
14. Howie and Connie Muir*
15. Richard Register*
16. Louis J. Bonfiglio*
17. Linda and Harvey Matlof*
18. Jana Overbo*
19. Egon Terplan*
Contact:
Sherry Kelly, City Clerk, 981-6900
39.
Decision on Community Development Block Grant (CDBG) Funding for
FY2002-2003 (see agenda packet of April 24 for report and communications; new
materials marked with *; public hearing held April 26)
From: City
Manager
Recommendation:
Adopt a Resolution: 1)
approving the City Manager's final funding recommendations and budgets for
the CDBG, ESB, GF/CSBG Anti-Poverty Program; and the Measure O Homeless
Services Program; 2) authorizing the City Manager to execute contracts
with agencies receiving funding and make two-month advance payments to
those agencies; 3) authorizing two-year contracts for all community
agencies receiving funding in the GF/CSBG Anti-Poverty Program, the
Measure O Homeless Services Program, and the recipients of CDBG funding in
the public services category with the exception of Housing Rights, Inc.'s
Affordable Housing Advocacy Program, and the Ecology Center's Farmers
Market Project which shall receive one-year funding; 4) allocating
$117,000 in Federal HOME monies to administer the HOME Program and placing
$1,053,000 into the Housing Trust Fund; 5) authorizing the City Manager to
determine the Living Wage Implementation grant amount to applicable
community agencies and execute resultant contracts; and 6) authorizing the
City Manager to finalize and submit the 2001 Annual Action Strategy of the
5-year Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD) which includes the applications for CDBG, EST, and HOME
Program funding, and to execute the resultant agreements.
Contact: Stephen Barton, Housing, 981-5400
a. From:
Housing Advisory Commission
Recommendation:
Approve the Housing Advisory Commission (HAC) funding
recommendations for the FY2001-2002 CDBG and ESG Program.
Contact: Oscar Sung, Secretary, 981-5410
b. From:
Human Welfare and Community Action Commission
Recommendation:
Adopt two Resolutions: 1)
approving the City Manager's final recommendations and budgets for the GF/CSBG
Anti-Poverty Program and authorizing the City Manager to execute contracts
with agencies receiving funding and make a two month advance payment to
these agencies; and 2) authorizing the City Manager to add $168,253
General Fund money to the budget to fund certain community agencies to
provide services to poverty level Berkeley residents for FY2002 and 2003
and execute contracts with the recommended community agencies, further
stipulating that contractors may receive a two-month advance payment.
Contact: Marianne Graham, Secretary, 981-5416
c.
From: Homeless Commission
Recommendation:
Approve the Homeless Commission's funding recommendations for
the FY2002-2003 CDBG, ESG, GF/CSBG Anti-Poverty Program and Measure O
Homeless Service Programs.
Contact: Jane Micallef, Secretary, 981-5426
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 *.
40.
Contract: Design
Guidelines for San Pablo Avenue (removed from the Consent Calendar
by Councilmember Breland and held over from 4/24)
From: City
Manager *
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the
existing contract with Community Design + Architecture for a streetscape
improvements plan for San Pablo Avenue to add preparation of design
guidelines for private properties to the scope of services, and increase
the contract amount by $10,000.
Contact: Bill Lambert, Economic Development, 705-8180
41.
Regulation of Street Events and Block Parties (CR# 15-01) (first
reading vote 3/20/01 - unanimous) (removed from Consent Calendar by
Councilmember Worthington and held over from 3/27, 4/17)
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
a.
BMC Chapter 13.44 (current)
Contact:
Sherry Kelly, City Clerk, 981-6900
42.
Policy: Compatibility of Outside Employment by Members of Boards and
Commissions (held over from 3/20, 3/27, 4/17)
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
a. Information Report
From: City Manager
Contact:
Manuela Albuquerque, City Attorney, 981-6950
43.
Whether Gordon Wozniak is Engaged in Employment Incompatible
with Membership on the Community Environmental Advisory Commission
From: City Manager (held over from
3/20, 3/27, 4/17)
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
44.
Application: New
Housing Incentive Program (HIP) (moved from Information Reports to
Action Calendar by Councilmember Spring and held over from 3/27, 4/17)
From: City Manager
Contact:
Wendy Cosin, Planning and Development, 705-8102
a. Information
Report
From: City Manager
Contact:
Wendy Cosin, Planning and Development, 705-8102
b. Communications
1. Deborah
Badhia, Executive Director, Downtown Berkeley Association.
Contact:
Sherry Kelly, City Clerk, 981-6900
45.
Protecting Creeks from Sewer Overflows and Sewer Program Status
Report (CR# 6-01) (moved to Action Calendar by Councilmember Olds
and held over from 4/24)
From: City
Manager
Contact:
Rene Cardinaux, Public Works, 981-6300
46.
Rule Against Ex-Parte Contacts (CR# 187-00) (held
over from
4/17)
From: City
Manager
Recommendation:
Adopt a Resolution rescinding Resolution No. 60,848-N.S.
Council Rules of Procedure, and adopting new rules which clarify the rule
prohibiting ex parte contacts.
Contact: Manuela Albuquerque, City Attorney, 981-6950
47.
Sidewalk Benches and Planters, Encroachments (held over
from
4/17)
From: City
Manager
Recommendation:
Adopt first reading of an Ordinance adding Chapter 23E.26 to
the Berkeley Municipal Code (BMC) relating to sidewalk benches and
planters and adding a new Section 16.18.040 relating to encroachments.
Contact:
Wendy Cosin, Planning and Development, 705-8102
48.
Zoning Amendments Status Report and Planning Commission's
Prioritization of ZORS Referral List (moved to Action Calendar by
Councilmember Armstrong and held over 4/17)
From: City Manager
Contact:
Wendy Cosin, Planning and Development, 705-8102
49.
Job Training/Job Placement Programs and Community Agency
Contracts (removed from the Consent Calendar by Mayor Dean and held
over from 3/20)
From: City
Auditor
Recommendation:
Request the City Manager incorporate implementation of the
audit recommendations during the course of the upcoming two year budget
planning and agency contracting process, and report results to Council at
the December 18, 2001 Council meeting.
Contact: Ann-Marie Hogan, City Auditor, 981-6750
50.
Task Force on Citywide Transit Pass (removed from the
Consent Calendar by Councilmember Hawley and held over from 3/20, 4/17)
From: Councilmember
Worthington
Recommendation:
End the term of the Task Force on Citywide Transit Pass and
refer the issue to the City Manager and the Transportation Commission.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
51.
Low and Moderate Income Housing Projects (removed from
the Consent Calendar by Councilmember Spring and held over from 3/27,
4/17)
From: Councilmembers
Breland and Hawley
Recommendation:
Refer to the City Manager, Planning Commission, 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 recommendations
for implementation.
Contact: Margaret Breland, Councilmember District 2, 981-7120; Mim
Hawley, Councilmember District 5, 981-7150
a)
Priority Processing for Low Income Housing Projects
From:
Councilmember Spring
Recommendation: This
recommendation is a substitute motion for the recommendation on
this subject titled “Priority Processing for Low and Moderate
Income Housing Projects” by Councilmembers Breland and Hawley; this
substitute motion refers to the City Manager, Zoning Board and the
Planning Commission the goal of streamlining procedures for encouraging
low-income housing development projects that provide a substantial amount
of more affordable housing to people at 60% or lower than Average Median
Income or Section 8 housing than already required by law.
Contact:
Dona Spring, Councilmember District 4, 981-7140
52.
Sunshine Ordinance (removed from the Consent Calendar by
Councilmember Armstrong and held over from 3/27, 4/17)
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
53.
Regional Appointments/Special Assignments (removed from
the Consent Calendar by Councilmember Worthington and held over from 4/24)
From: Mayor
Dean
Recommendation:
Adopt a Resolution designating members of the Council to serve
as appointees to regional bodies and/or special assignments.
Contact: Shirley Dean, Mayor, 981-7100
54.
6th Annual Berkeley Free Folk Festival (removed
from the Consent Calendar by Councilmember Worthington and held over from
4/17)
From: Councilmembers
Armstrong and Maio
Recommendation:
Refer to the budget process $5,000 funding for the 6th
Annual Berkeley Free Folk Festival tentatively scheduled for Saturday,
November 17, 2001.
Contact: Polly Armstrong,
Councilmember District 8, 981-7180; Linda
Maio, Councilmember District 1, 981-7110
55.
Budget Referral: Funds
for Peace and Justice Commission (removed from the Consent Calendar
by Councilmember Hawley and held over from 3/27, 4/17)
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
56.
Small Cab Companies (held over from 4/17)
From: Commission
on Aging
Recommendation:
1) Recruit and assist locally owned small taxicab owners to
provide taxi scrip rides; 2) mandate a percentage or number of taxi scrip
fares per day or week must be provided in the contracts with such
companies; 3) waive the 10% rebate to the City; and 4) pay the taxi scrip
vouchers twice a month; and allow ten minutes for two presenters to speak
on behalf of the Commission on Aging's recommendations.
Contact: Lisa Ploss, Secretary, 644-6050
a.
City Manager Report
Recommendation:
Concur in concept with the recommendations of the Commission
and will come back to Council on May 22, 2001 with a resolution and
proposed actions to implement improvements to the Taxi Scrip Program.
Contact: Stephen Barton, Housing, 981-5400
b. Taxi Scrip Allotment
and Cab Company Provisions (held over from 4/17)
From: Commission
on Aging
Recommendation:
Direct the City Manager to ensure 1) that a minimum allotment
of twenty scrip books be offered to taxi scrip riders during the 4th
quarter 2001; 2) that all taxi scrip riders be informed clearly in writing
of the "partial payment" procedures which appears to hve been
started with the issueance of ten free books; 3) to further inform these
riders of the number of free books which each rider may still obtain and
the number and cost of any additional books over the thirteen free books
up to and including a total of twenty books, as well as detailed
instructions of the process of ordering and/or obtaining additional books
over the ten already received; s4) further, the Commission on Aging
respectfully requests a copy of such a letter, if it has already been
mailed, and copies of any subsequent mailings to taxi scrip users; 5) that
in addition to other
provisions
in contracts between cab company licensees and the City, a provision be
included which may include the forfeiture of a license to operate a
taxicab in the City, if the licensee refuses to participate in, or
cooperate in, an agreement to serve taxi scrip riders; and 6) that
appropriate staff members allow sufficient time for citizen input at
appropriate commission meetings prior to implementation of changes or new
proposals to the taxi scrip program.
Contact:
Lisa Ploss, Secretary, 644-6050
c.
City Manager Report
Recommendation:
Concur in concept with the recommendations of the Commission
and will come back to Council on May 22, 2001 with a resolution and
proposed actions to implement improvements to the Taxi Scrip Program.
Contact: Stephen Barton, Housing, 981-5400
57.
Potentially Environmentally Risky Businesses in the East Bay
(held over from 4/17)
From: Commission
on Aging
Recommendation:
Send a letter to the Association of Bay Area Governments (ABAG)
and State Assemblymember Dion Aroner urging them to work on moving
businesses that are potentially environmentally risky out of residential
neighborhoods in the East Bay.
Contact:
Lisa Ploss, Secretary, 644-6050
a.
City Manager Report
Recommendation:
Take no action on the recommendation of the Commission.
Many community businesses and services, including car repair
facilities, hospitals and photo labs, may generate products that could
potentially pose an environmental risk; however, city, federal and state
standards are currently in place that include inspection, record keeping
and training. These
businesses are vital to our communities. The City of Berkeley Toxics Management Division regulates and
maintains records of the chemical use and waste generation for all
Berkeley businesses.
Contact:
Wendy Cosin, Planning and Development, 705-8102
58.
Peace and Justice Film Festival (held over from 4/17)
From: Peace
and Justice Commission
Recommendation:
Adopt a Resolution authorizing the Peace and Justice Commission
to develop a Berkeley Peace and Justice Film Festival to promote
educational and cultural exchange for a two-day weekend in the Fall 2001;
and report back to Council with a proposed budget.
Contact: Manuel Hector, Secretary, 981-5110
a.
City Manager Report
Recommendation:
The Peace and Justice Commission should do the research on
costs prior to Council approval. This is a major effort requiring substantial costs and staff
support. Information should
be available prior to Council action.
Contact: Fred Medrano, Health and Human Services, 981-5100
59.
Development in the MU-LI (Mixed Use-Light Industrial) District (held
over from 4/17, 4/24 – see agenda packet of 4/17/01 for report; new
material indicated by *)
From: Planning
Commission
Recommendation:
1) Adopt an interim ordinance for a period of one year a
prohibition on the issuance of permits for new office uses, excluding
Ancillary office uses, in the MU-LI District in West Berkeley; and 2)
direct the Planning Commission to determine the effects of MU-LI office
development and conversion on a) light industry, b) good blue-collar jobs,
c) the City's environmental economy, d) artists and artisans, e) traffic
problems, f) the implementation of the West Berkeley Plan.
Contact: Karen Haney-Owens, Secretary, 705-8137
a.
City Manager Report
Recommendation:
1) Do not adopt a moratorium on office conversion and
development in the MU/LI district at this time; 2) direct staff to track
applications and permitting activity in West Berkeley and report on a
regular basis to Council, Planning Commission and Zoning Adjustments
Board; and 3) direct staff to explore options to promote, create and
retain space for artists and artisans.
Contact: Wendy Cosin, Planning and Development, 705-8102
b.
From: Councilmember
Maio*
Recommendation:
1)
Pursue interim controls on substantial (>10,000 ft sq)
conversions and new construction projects in the MU/LI district and refer
the consideration of such controls to the Planning Commission which
includes the holding of another public hearing. This is consistent with section 65091 and clarifies the
Manager’s request (page 2 of the staff report) that Council select an
appropriate process; 2) as recommended by the City Manager, direct staff
to track applications and permitting activity in West Berkeley and report
on a regular basis to Council, Planning Commission, and the ZAB; 3) as
largely recommended by the City Manager, direct staff to explore and
evaluate options to promote, create and retain space for industry,
artists, artisans and (added language) nonprofit groups; 4) direct the
Planning Commission to undertake those inquiries outlined in the Planning
Commission’s recommendation, Attachment 1, section 2 (page 785); 5)
request the Commission clean up contradictory language in its
recommendation regarding the definition of ancillary or incidental office
uses; and 6) request the Commission propose methods wherein the City can
support the reuse of vacant, industrial buildings, that are not suitable
for use for industry, as artists cooperatives.
Contact:
Linda Maio, Councilmember District 1, 981-7110
New
Business:
60.
Limiting the Number of Agenda Items from the Council
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; that no additional items be allowed on following agendas until
one or more of the original items have been addressed; and that any
"pending" items be voted on by the end of three regular
meetings.
Contact:
Margaret Breland, Councilmember District 2, 981-7120
61.
Parking Permits at North Berkeley Senior Center
From: Commission
on Aging
Recommendation:
Request the City Manager approve thirty of the annual E parking
permits for senior attending the North Berkeley Senior Center.
Contact:
Lisa Ploss, Secretary, 644-6050
a. City Manager
Report
From: City
Manager (CR# 238-00)
Recommendation:
Support the recommendation of the Traffic Engineer to deny the
issuance of annual parking permits for the North Berkeley Senior Center in
the "E" Residential Permit Parking (RPP) Zone based on parking
survey results which reveal a lack of parking capacity in the immediate
nine block area surrounding the senior center.
Contact: Rene Cardinaux,
Public Works, 981-6300 .
62.
Green Roof on the South Berkeley Senior Center
From: Commission
on Aging
Recommendation:
Direct the City Manager to ensure that any new roof installed
at the South Berkeley Senior Center be energy efficient with solar panels
and other appropriate technology.
Contact: Lisa Ploss, Secretary, 644-6050
a.
City Manager Report
Recommendation:
The recommendations contained in this report affect budget
and/or other programs. Refer
to the Community energy planning process approved by Council at the March
20, 2001 meeting.
Contact: Fred Medrano, Health and Human Services, 981-5100
63.
Study of Spoiled Ballots
From: Peace
and Justice Commission
Recommendation:
Adopt a Resolution requesting the appropriate person(s), such
as the City Clerk and the Alameda County Board of Elections, investigate
and report to the City Council, Peace and Justice Commission and the
public on the following matters: 1) A review of double-punched ballots, under-punched ballots,
and any other patterns of election results that may indicate disparities
in voters' casting of their intended votes in different precincts or areas
of the City; 2) an analysis of voter turnout and voting results to
identify any unexpected patterns that may hint at disparities in voters'
ability to cast their intended votes; 3) solicitation of the observations,
comments, and suggestions of poll workers in the November 2000 election
about any factors or conditions that may have unduly affected voting in
the polling places where they worked, including voting equipment issues,
and all other conditions, including those that may persist should the City
replace its current punch-card voting system with another mechanism; 4)
solicitation of similar input from poll workers in the November 2001 and
November 2002 elections, by scheduling a meeting of those poll workers,
announced in advance of the election and scheduled to occur shortly after
the election; 5) a public invitation for voters to provide their
observations and suggestions regarding polling places where they voted,
including a comment form on the City of Berkeley Web site; 6) an
investigation of voting technologies, including paper ballots, newer
punch-card systems, and others, to identify mechanisms feasible for
Berkeley that ensure the highest possible reliability, accuracy and
integrity with the least potential for tampering; 7) an investigation of
whether there are variations in the age or maintenance of voting machines
in different precincts of the City, and of the general condition of the
voting equipment presently in use; and 8) providing sufficient funds and
personnel to adequately monitor the above concerns in future elections in
the City of Berkeley.
a. City Manager Report
Recommendation:
Deny the recommendations of the Commission.
The Registrar of Voters for Alameda County, who conducted the
November 2000 election, has indicated that much of the information
requested is not readily available, and that it would be a very time
consuming and expensive task to perform by both the County and the City.
The task would require the hiring of new staff with expertise in
statistical analysis, voting patterns, etc.
Contact: Fred Medrano, Health and Human Services, 981-5100
Information
Reports
64.
Investment Report for Second Quarter Ending December 31, 2000
From: City
Manager
Contact:
Fran David, Finance, 981-7300
65.
Formal Bid Solicitations and Request for Proposals Scheduled for
Possible Issue in the Next Thirty Days
From: City Manager
Contact:
Fran David, Finance, 981-7300
66.
Fiscal Year 2001 General Audit Work Plan
From: City
Auditor
Contact:
Ann-Marie Hogan, City Auditor, 981-6750
67.
Implementation Status of Various Audits
From: City
Manager
Contact:
Fran David, Finance, 981-7300
Communications
Council
rules limit action on Communications to referral to the City Manager
and/or Boards and Commissions for investigation and/or recommendations.
1.
Regarding 1301 Oxford Street, Temple Beth El Project
a.
Nancy Werthan
b.
Jenelle Marcus
c.
Sharon E. Duggan, Attorney
d.
Mona Cain
e.
Florence Borkon
f.
Ruth Spear
g.
Joyce Vollmer and Eric Van Vliet
h.
Frances and Ernest Alexander
i.
Theresa Bakalchuk
j.
Alex Bergtraun, AIA
k.
Karin Bliman and Lon Poole
l.
Esta L. Braud
m.
Mary Anna C. Colwell, Ph.D
n.
Pam and Mike Crane
o.
Martin and Jill Dodd
p.
Claude Fischer and Ann Swidler
q.
Judith and Ralph Greif
r.
Edythe Heda
s.
Leigh Marymor, Bay Area Rock Art Research Assn.
t.
Alan Miller
u.
Dorothy and Milt Mozen
v.
Arlene and Jonathan Noble
w.
Lenore Dale Ralston, Ph.D.
x.
Eloise H. Schmidt
y.
Michelle and Piera Segre
z.
Judith S. Tabb
aa.
Edward Vine
bb.
Joel Zeldin, Shartsis, Friese & Ginsburg
cc.
Shirley and Ernest Weiner
dd.
Bruce Feingold
ee.
Carolyn Ziegler Wilson, M.D.
ff.
Approximately 40 identical postcards
2.
Regarding Pedestrian Safety
a. Deborah
Houy
b. Barbara
Materna
c. Karen
Hipkins
d. Loring
Dales
3.
Arlene Merryman, regarding hazardous conditions for disabled
people.
4.
Fran Segal, Ph.D., regarding traffic in Berkeley
5.
Robert D. Fletcher, Chief, Planning and Technical Support Division,
Air Resources Board, regarding air quality monitoring study in West
Berkeley and enclosing report Risk Reduction Plan to Reduce Particulate
Matter Emissions from Diesel-Fueled Engines and Vehicles.
6.
Bob Smith, United States Senate, regarding MTBE, in response to
Council letter.
7.
Ms. Hughes, regarding the Berkeley Arts Festival 2001.
8.
Merrilie Mitchell, regarding Draft General Plan (article).
9.
Regarding the David Brower Center
a. Fritjof
Capra, Ph.D.
b. David
W. Orr, Professor and Chair, Environmental Studies Program,
Oberlin College
10.
Charles L. Smith, regarding the roundabout at 1-80/Gilman
11.
Lori Sharpe, Director and Advisory to Attorney General, U.S.
Department of Justice, regarding discontinuing all forms of “secret
evidence” prosecutions.
12.
Walter Wood, regarding project at 1719-1715 University Avenue.
13.
Wendy Alfsen, transmitting petition signed by approximately 16
people, regarding T-36 public expenditures on public parking in the
downtown and the southside.
Adjournment
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