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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, JUNE 12, 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 for Amateur Radio Week

 

          Bookmark Awards

 

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.  

 

Youth Forum:

 

1.         Presentation by Youth Commission on the Impact of Proposition 21 on Berkeley Youth

            Recommendation:  Approve and submit the following recommendations on Proposition 21 to the Board of Education for the Berkeley Unified School District for consideration and adoption:  1) inform middle and high school students about Proposition 21; 2) provide information in classrooms, libraries, BUSD administrative offices, counseling centers, and security offices; 3) include information in Berkeley High School orientation packet; 4) develop "street law" curriculum incorporated into 9th grade and ethnic studies classes; and 5) offer "street law" seminars in the Berkeley High School Student Learning Center (e.g. after-school in September and 2-3 times a year.)

            Contact:  Philip Harper-Cotton, Secretary, 644-6226

           

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.

  

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 Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 981-6900

 

3.         Lawsuit:  Romona Johnson

            From:  City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 822131-9 entitled Ramona Johnson v. City of Berkeley, in the amount of $15,000.

            Contact: Manuela Albuquerque, City Attorney, 981-6950

 

4.         Event Promoters Provide Advance Notice to Police Department (CF# 10-01)

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance adding Chapter 13.47 to the Berkeley Municipal Code, requiring event promoters and venue operators to provide advance notice to the Police Department.

            Contact: Manuela Albuquerque, City Attorney, 981-6950

 

5.         Definition of “Creek”

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 17.08.030.A to redefine “creek” as any above-ground creek and to allow the City to maintain maps reflecting the presence of such creeks for the guidance of the public.

            Contact: Manuela Albuquerque, City Attorney, 981-6950

 

6.         Contract:  Cerrito Creek Revegetation Project

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to waive competitive bidding and execute a contract and any amendments with Shelterbelt Builders Inc. for the Cerrito Creek Revegetation Project, in an amount not to exceed $78,000, for the period July 1, 2001 and December 30, 2003.

Contact:  Rene Cardinaux, Public Works, 981-6300


7.         Contract:  On-Call Traffic Consulting Services

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the existing contract with TJKM Transportation Consultants for on-call traffic consulting services by increasing the contract amount by $40,000 for a total not to exceed $90,000, for the period January 1, 2001 to December 31, 2001.

Contact:  Rene Cardinaux, Public Works, 981-6300

 

8.         Contract:  Archeological Consulting Services

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Garcia and Associates for archeological consulting services by increasing the contract amount by $26,000 for a total not to exceed $207,000 for the period June 15, 2001 to December 31, 2003.

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

9.         Replacement and Purchase City Vehicles

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the purchase of new and various replacement vehicles in an amount not to exceed $270,000 with the following vendors:  1) El Dorado Bus Company--senior bus ($60,000) and homeless bus ($150,000); and 2) Lasher Auto Center -- two mini vans ($30,000 each).

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

10.       Contract:  Excess Workers' Compensation Insurance

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments and endorsements with Continental Casualty Company in the amount of $120,467 to pay he insurance premium and brokerage commission to Goldman Insurance for excess workers' compensation insurance, for the period May 1, 2001 through May 1, 2002.

Contact:  Ron Brown, Human Resources, 981-6800

 

11.       Cost of Living Adjustments – Unrepresented Employees

            From:  City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 59,841-N.S., Salary Resolution for Unrepresented Employees, to provide a 4% cost-of-living adjustment effective June 24, 2001.

Contact:  Ronald Brown, Human Resources, 981-6800

 

12.       Side Letter Agreement:  SEIU Local 790 - Units K1 and K2

            From:  City Manager

            Recommendation:  Adopt a Resolution 1) authorizing the City Manager to execute and implement a Side Letter Agreement with SEIU Local 790 to establish new classifications in Units K1 and K2 and to modify Section 11.1.4 of the MOU to include one percent salary increase, effective January 7, 2001; and 2) amending Section 1 of Resolution No. 59,798-N.S. to include the new classifications/salary ranges, effective June 24, 2001, adjusted for the negotiated 4% cost-of-living increases.

            Contact:  Ronald Brown, Human Resources, 981-6800

           

13.       Application-Agreement:  Medicare Coverage

            From:  City Manager        

            Recommendation:   Adopt a Resolution to make a technical correction in a prior resolution  and authorize the City Manager to execute an Application Agreement for Medicare coverage and any amendments for certain employees who are members of CALPERS, and rescinding Resolution No. 60,832-N.S.

            Contact:  Ronald Brown, Human Resources, 981-6800

 

14.       Long-Term Disability Insurance Premiums

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing an increase in Long-Term Disability (LTD) Insurance Premiums with UNUM Life Insurance Company for employees enrolled in the Supplemental Retirement and Income Plan I (SRIP I), effective February 1, 2001, from .72% to 1.8% of covered salary, an estimated cost of $106,170 annually.

            Contact:  Ronald Brown, Human Resources, 981-6800

 

15.       Contract:  Emergency Shelter Grant

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Building Opportunities for Self-Sufficiency (BOSS) for shelter improvements, by extending the term to June 30, 2002.

            Contact:  Stephen Barton, Housing, 981-5400

 

16.       Protest of Energy Policies

            From:  City Manager

            Recommendation:    Adopt a Resolution urging all citizens, businesses, institutions and municipal employees to 1) participate in a “Roll Your Own Blackout Campaign” by turning off all lights on June 21, 2001, from 7:00 p.m. to 10:00 p.m. as a protest against the Bush Administration’s energy policies and the abusive pricing practices of electric generators serving the State of California; and 2) urging all citizens, businesses, institutions and municipal employees to achieve a reduction of 20% from last year’s electricity usage by constantly conserving energy and by investing in energy efficiency and renewable energy sources.

            Contact:  Stephen Barton, Housing, 981-5400

 

17.       Contract:  Energy Efficient Products

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract amendment and any further amendments with the Ecology Center for marketing services related to the bulk purchase of energy efficient products and materials in the amount of $41,757 for the period June 1, 2001 to August 30, 2002.

            Contact:  Stephen Barton, Housing, 981-5400

 

18.       Contract:  Emergency Medical Supplies

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PMX Medical to purchase emergency medical supplies for the Fire Department from July 1, 2001 to June 30, 2004 in an amount not to exceed $100,000 annually, for a total not to exceed $300,000.

Contact:  Reginald Garcia, Fire, 981-5500


19.       Lease Agreement:  Main Library, 2150 Kittredge Street

From:  City Manager        

            Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to amend the sublease with the University of California for use of office space at 2150 Kittredge Street by the Main Library administrative staff, and increasing the rent to $18,750 and extending the term to September 15, 2001.

            Contact:  MaryLou Mull, Library, 644-6095

 

20.       Lease Agreement:  Main Library, 731 Dwight Way
From:  City Manager        

            Recommendation:  Adopt first reading of an Ordinance amending the lease agreement with Bedayn Associates of Lafayette by increasing the rent $6,300 and extending the term through September 30, 2001 to temporarily house Library maintenance staff and equipment at 731 Dwight Way.

            Contact:  MaryLou Mull, Library, 644-6095

 

21.       Temporary Employment Agency Services

            From:  City Manager

            Recommendation:  Adopt a Resolution approving an expenditure in an amount not to exceed $50,000 to TAC Staffing Services to provide temporary employment services to the Department of Health and Human Services for the period July 1, 2000 to June 30, 2001.

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

 

22.       Permits for Parades, Street Events and Block Parties (CF# 15-01)

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 13.44, to update the City’s regulations of permits for parades, street events and block parties.

            Contact: Manuela Albuquerque, City Attorney, 981-6950


23.       Contract:  HIV Test Counseling

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Free Clinic to perform the HIV antibody pre/post test counseling in an amount not to exceed $91,561 for the two-year period July 1, 2000 to June 30, 2002, with the second year contingent upon continued funding from the State of California Office of AIDS.

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

 

24.       Regulating Telecommunications Installations in the Public Right-Of-Way and Establish a Reduced Interim Fee Schedule for Telecommunications Excavation Permits (to be delivered)

            From:  City Manager

            Recommendation:  1) Adopt an urgency interim ordinance regulating telecommunications installations in the public right-of-way; and 2) adopt a Resolution establishing a reduced interim fee schedule related to telecommunications excavation permits.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

 

25.       Telegraph Property and Business Improvement District Annual Assessment

            From:  Property Owners' Council for the Telegraph Property and Business Improvement District

            Recommendation:  Adopt a Resolution 1) approving the Annual Assessment Report of the Property Owners' Council for the Telegraph Property and Business Improvement District for FY 2001; 2) declaring an intention to levy special assessments in the District for FY 2002; and 3) setting a public hearing on the levy of Assessments for July 24, 2001.

            Contact:  Dave Fogarty, Secretary, 705-8184

            a.            City Manager Report

            Recommendation:  The City Manager concurs with the property owner's council recommendations.

            Contact:  Bill Lambert, Economic Development, 705-8180

 

26.       Elmwood Theater Business Improvement Area, Renewal of Assessments

            From:  Advisory Board for the Elmwood Theater Business Improvement Area

            Recommendation:  Adopt a Resolution:  1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2001; 2) declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2002; and 3) setting a public hearing on the levy of assessments for July 24, 2001.

            Contact:  Dave Fogarty, Secretary, 705-8184

            a.            City Manager Report

            Recommendation:  Concurs with the recommendations of the Advisory Board.

            Contact:  Bill Lambert, Economic Development, 705-8180

  

27.       Referral of Quarterly Investment Reports

            From:  Councilmember Hawley

            Recommendation:  Refer quarterly investment reports to the Citizens Budget Review Commission, request the City Manager provide copies to the Commission members, and include any comments by the Commission members in the reports prior to Council submittal.

            Contact:  Miriam Hawley, Councilmember District 5, 981-7150

 

28.       Budget Referral:  Bay Area Outreach Recreation Program (BORP)

            From:  Mayor Dean

            Recommendation:  Refer to the budget process for immediate emergency funding of a one-time grant of $20,000 for Bay Area Outreach Recreation Program (BORP).

            Contact:  Shirley Dean, Mayor, 981-7100

 

29.       Support Assembly Constitutional Amendment 10 - Property Tax

            Revenue

            From:  Mayor Dean

Recommendation:  1) Support ACA 10 (Codgill) which would return property tax revenue to local government by gradually limiting payments to schools from this source (through the county-based Educational Revenue Augmentation Funds (ERAF) and which guarantees alternative comparable funding for schools; and 2) request the City Clerk notify the bill's sponsors and State legislators and lobbyist of the City's position.

Contact:  Shirley Dean, Mayor, 981-7100

 

30.       City Employee Eco-Pass Program

            From:  Mayor Dean and Councilmember Hawley

Recommendation:  Request the City Manager:  1) Investigate the establishment of a program that provides an eco-pass to all City employees, with the possible inclusion of Berkeley Unified School District employees at some point) for unlimited use on AC Transit and BART plus the Alameda County Congestion Management Agency's Guaranteed Ride Home Program; and 2) issue a report to Council that includes feasibility, costs, estimated participation, effective methods of administration, and a timetable for implementation.

Contact:  Shirley Dean, Mayor, 981-7100; Mim Hawley, Councilmember District 5, 981-7150

 

31.       Eco-Pass for City Employees

            From:  Councilmembers Worthington and Maio

Recommendation:  Initiate an Eco-Pass (free bus pass) for City employees that would be paid for under a one-year trial period from City funds in this year's budget; negotiate a reduced rate from AC Transit to provide the free Eco-Pass as implemented in other cities.

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

 

32.       Written Explanation for Items Removed from the Consent Calendar

            From:  Mayor Dean

Recommendation:  1) When an item is removed from the Consent Calendar and held over to a subsequent meeting, the member of the Council who removed the item shall submit in writing an explanation of why the item was removed.  This explanation shall be given to the City Clerk for timely inclusion in the next agenda packet for the meeting at which the removed item will next appear; and 2) request the City Manager review the result in six months and report back to Council whether this rule should be incorporated into the Council's Rules and Procedures as written, further amended, or rescinded.

Contact:  Shirley Dean, Mayor, 981-7100

 

33.       Passenger Pick-Up Space at Downtown BART Station

            From:  Mayor Dean

Recommendation:  Request the City Manager devise a workable plan for passenger drop-off and pick-up at the downtown BART station and report back to Council within three months.

Contact:  Shirley Dean, Mayor, 981-7100

 

34.       City Accounts for Guns Into Art Project Explore Purchase of

            Sculpture

            From:  Mayor Dean

Recommendation:  1) Approve the establishment of dedicated City accounts for deposit and expenditure of funds for the Guns Into Art project; 2) approve the acceptance of an initial donation of $525; and 3) authorize exploring the purchase, with fund to be privately raised, of a major work of outdoor sculpture by Bruce Hasson entitled Millennia.

Contact:  Shirley Dean, Mayor, 981-7100

 

35.       Proclamation Honoring Inouye Family for Donation in Memory of

            Junko Hosoda

            From:  Mayor Dean and Councilmember Olds

Recommendation:  Approve a Proclamation recognizing the Inouye family and Junko Hosoda, to be read at the June 26, 2001 Council meeting.

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

 

36.       Budget Referral:  West Berkeley Association of Industrial

            Businesses

            From:  Councilmembers Spring, Breland and Maio

Recommendation:  Refer to the budget process a request for $25,000 for seed funding for both FY2002 and FY2003 from the West Berkeley Association of Industrial Businesses.

Contact:  Dona Spring, Councilmember District 4, 981-7140; Margaret Breland, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

  

37.       Development Rights on the North Basin Strip of the Berkeley

            Waterfront

            From:  Councilmember Spring

Recommendation:  Adopt a Resolution clarifying the amount of development allowed by voter approved Berkeley Waterfront Measure Q on the remaining privately owned portion of the North Basin strip; and City Manager to return to Council for approval of a maximum square footage allowed after researching the issue.

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

 

38.       Amendments to the City Code

            From:  Councilmember Spring

Recommendation:  Request the City Attorney return with amendments to the Berkeley Municipal Code to:  1) restrict code violations that are used as grounds for eviction to only those that constitute a genuine safety or health threat; 2) that the Council issue a Declaratory Statement of existing law that Berkeley Municipal Code 1.26.010a was not intended to mean that a tenant or land owner doing repairs or alterations to their units without a permit, which does not jeopardize public health and safety and welfare, was ever intended to be declared a public nuisance; 3) prohibit landlords from interfering with a tenant's right to have telephone service or the delivery of any public utility services, including water, heating, gas and electricity; 4) landlords must allow tenants to have cable, internet services hookups and more than one telephone line; and 5) violations of such code to be considered an infraction.

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

 

39.       Budget Referral:  Women's Daytime Drop-In Center

            From:  Councilmembers Maio, Breland and Hawley

Recommendation:  Refer to the budget process a request of $25,000 from the Women's Daytime Drop-In Center (WDDC) for a case manager for their Bridget Transitional House Program.

Contact:  Linda Maio, Councilmember District 1, 981-7110; Margaret Breland, Councilmember District 2, 981-7120; and Mim Hawley, Councilmember District 5, 981-7150

 

40.       Update of the 5-Year Street Plan

            From:  Public Works Commission

Recommendation:  Adopt a Resolution adopting the update of the 5-Year Street Plan for 2002-2006.

Contact:  Jeffrey Egeberg, Secretary, 981-6400

a.            City Manager Report

Recommendation:  Concurs with the content and recommendations of the Commission.  The FY2002 City Manager proposed Budget includes $3.8 million for street repair. The increase is primarily due to additional state funding.  Staff is developing a list of additional streets, based on the 5-Year Plan, that can be repaired in FY2002.

Contact:  Rene Cardinaux, Public Works, 981-6300

  

41.       Budget Referral:  Community-Based Organizations

            From:  Berkeley Homeless Commission

            Recommendation:  Refer to the budget process, funding in the amount of $69,354 for certain community-based organizations.

            Contact:  Jane Micallef, Secretary, 981-5426

a.            City Manager Report
Recommendation: 
Concurs with referring the matter to the Budget Process.

            Contact:  Stephen Barton, Housing, 981-5400

 

42.       Budget Referral:  Association of Bay Area Governments Dioxin Taskforce Project

            From:  Community Environmental Advisory Commission

            Recommendation:    Refer to the budget process, an allocation of $6,000 to support the Association of Bay Area Governments (ABAG) Dioxin Taskforce Project and $3,000 for Toxics Management Division staff for three years, for a total allocation of $27,000.

Contact:  Nabil Al-Hadithy, Secretary, 705-8055

a.            City Manager Report

Recommendation:  The recommendations contained in the report affect budget and/or other programs.  Please refer to the Budget Process.

 

43.       Landmarks Preservation Commission Staffing

            From:  Landmarks Preservation Commission

            Recommendation:  Refer  to the budget process for allocation of an additional .5 FTE to the Landmarks Preservation Commission Secretary position.

            Contact:  Greg Powell, Secretary, 705-8114

            a.            City Manager Report

            Recommendation:  Concurs with referring this matter to the Budget Process.

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

  

 

Action Calendar

 

Priority: 

 

44.       FY 2002 and FY 2003 Proposed Budget Discussion (There will be no action at this meeting.  Draft recommendations may be commented on as part of the Budget Public Hearing at the meeting of June 19, 2001.  The City Council will adopt a final budget at the meeting of June 26, 2001.)

 

            From:  City Manager - Updated Budget Information

            a.         Budget Referral List

b.         Responses to Council Questions Related to Proposed

            Budget

c.         Impact on FY 2002 & FY 2003 Proposed Budget of Recent Energy Crisis Developments

d.         Report on Council-approved Special Event Fee Waivers for FY2001 (to be delivered)

 

Presentation of City Council proposed Amendments to the City Manager’s Proposed Budget

 

e.         From:  Mayor Dean - Budget Considerations for Discussion 

f.          From:  Councilmembers Spring, Worthington, Maio and Vice Mayor Shirek (to be delivered)

 

45.       Marina Fees (CR 108- 00) (public hearing held on 5/22)

            From:  City Manager

Recommendation:  Adopt a Resolution establishing a fee schedule for services rendered at the Marina and rescinding Resolution No. 60,395-N.S.
Contact: Lisa Caronna, Parks and Waterfront, 981-6700

           

46.       Extending Residential Permit Parking (public hearing held on 5/22)

            From:  City Manager

Recommendation:  Adopt a Resolution amending Sections 25E and 25M of Resolution No. 56,508-N.S. by adding a subsection to extend residential permit parking on the north side of Vine Street between Martin Luther King, Jr. Way and Josephine Street, and on both sides of Woolsey Street between 100 feet east of Shattuck Avenue to Wheeler Street; and authorizing the use of $600 from the operating budget of the Public Works Department to cover implementation costs.

Contact:  Rene Cardinaux, Public Works, 981-6300

            a.  City Manager Information Report responding to questions posed at the

            public hearing. (to be delivered)

Contact:  Rene Cardinaux, Public Works, 981-6300


Old Business:

 

47.       Low and Moderate Income Housing Projects (removed from the Consent Calendar by Councilmember Spring and held over from 3/27, 4/17, 5/8, 5/15)

            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


48.       Sunshine Ordinance (removed from the Consent Calendar by Councilmember Armstrong and held over from 3/27, 4/17, 5/8, 5/15)

            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

 

49.       Budget Referral:  Funds for Peace and Justice Commission (removed from the Consent Calendar by Councilmember Hawley and held over from 3/27, 4/17, 5/8, 5/15)

            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

 

50.       Zoning Amendments Status Report and Planning Commission's Prioritization of ZORS Referral List (moved to Action Calendar by Councilmember Armstrong and held over from 4/17, 5/8, 5/15)

            From:  City Manager

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


51.       Rule Against Ex-Parte Contacts (CR# 187-00) (held over from 4/17, 5/8, 5/15)

            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

           

52.       Development in the MU-LI (Mixed Use-Light Industrial) District (held over from 4/17, 4/24, 5/8, 5/15)

            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 (as amended June 12, 2000)

Recommendation:  1)  Pursue interim controls on substantial (>10,000 ft sq.  >5,000 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

 

53.       Potentially Environmentally Risky Businesses in the East Bay (held over from 4/17. 5/8, 5/15)

            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

 

54.       Regional Appointments/Special Assignments (removed from the Consent Calendar by Councilmember Worthington and held over from 4/24, 5/8, 5/15)

            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

           

55.       Traffic Signs:  Alternate Route to Highway 24 (removed from the Consent Calendar by Councilmember Worthington and held over from 5/8, 5/15)

            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

 

56.       Standards for Arsenic in Drinking Water (removed from the Consent Calendar by Councilmember Hawley and held over from 5/8, 5/15)

            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

   

57.       Study of Spoiled Ballots (held over from 5/8, 5/15)

            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

 

58.       Ellis Act Mitigations (CF# 31-01) (held over from 5/15)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.77 in order to require a landlord who is withdrawing his/her residential rental accommodations from rent or lease pursuant to Government Code Chapter 12.75 (Ellis Act) to offer other available rental units to displaced tenants and repealing Section 13.77.075 regarding the release of relocation assistance payments held in escrow by the City.

Contact:  Manuela Albuquerque, City Attorney, 981-6950


59.       Landmarks Preservation Commission Notice of Decision:  Designating John Hinkel Park as a Landmark (moved to Action Calendar by Councilmember Hawley and held over from 5/15)

            From:  City Manager

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


60.       Landmark Preservation Fees (removed from the Consent Calendar by Councilmember Olds and held over from 5/22)

            From:  Councilmember Worthington

            Recommendation:  Return the application fee for designation under the Landmark Preservation Ordinance for initiation of structures to $50 and initiation of districts to $100.  Also, refund excess charges to those who have applied since the increase of the fee.

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


 

New Business:

 

61.       Rental Housing Safety Program

            From:  City Manager

            Recommendation:  1) Adopt first reading of an Ordinance amending Chapter 12.48 of the Berkeley Municipal Code (BMC) to establish a rental housing safety program requiring owners to certify compliance with rental housing safety standards established by the City and allowing the City to inspect such units to ensure compliance with these standards; 2) Adopt a Resolution to reduce the fee for an inspection requested by an owner in lieu of self-certification; and 3) authorize the City Manager to develop a housing safety standards checklist form to be used by owners of residential rental units in self-certification.

            Contact:  Stephen Barton, Housing, 981-5400

 

62.       Transportation Function Consolidation

            From:  Transportation Commission

Recommendation:  Take immediate action to implement the consolidation of the Transportation function, consisting of Transportation Planning currently in the Planning and Development Department, and Traffic Engineering currently in the Public Works Department, into a single unit within the Planning and Development Department; or alternatively, within the City Manager’s Office, or within a new department, but not within the Public Works Department.

Contact:  Karen Haney-Owens, Secretary, 705-8137

a.            City Manager Report

Recommendation:  Reorganization of the transportation functions was discussed at the May 22, 2001 meeting.  As indicated at the Council meeting, the City Manager is moving ahead to reorganize the function to address the City’s needs, to ensure close coordination between Planning and Public Works Departments, and to assist with recruitment.

            Contact: Wendy Cosin, Planning and Development, 705-8105

  

Information Reports

 

63.       2x2 Committee Meeting Notes

            From:  City Manager

            Contact:  Arrietta Chakos, City Manager’s Office, 981-7000

 

64.       Grants:  HIV/AIDS Services

            From:  City Manager

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

 

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.         Sheila Young, Mayor of San Leandro, regarding a ban on all products made by Kraft Foods.

 

2.         Patrick Kennedy, Panoramic Interests, transmitting newspaper article regarding housing.

 

3.         Susan Schickman, regarding Berkeley High School.

 

4.         Michael Katz, regarding AC Transit bus routes and technology under the Berkeley/Oakland/San Leandro corridor Major Investment Study.

 

5.         Norman La Force, San Francisco Bay Chapter, Sierra Club, regarding remaining privately held lands on the waterfront that are governed by Measure Q.

 

6.         Regarding development at 2700 San Pablo Avenue:

a.         Anthony Schmiesing

b.         Howie and Connie Muir, transmitting copy of letter from Michael D. Fitts, Counsel for Howie Muir and Neighbors

c.         Peter Teichner

d.         Howie and Connie Muir

e.         Michael D. Fitts, Attorney for Mr. Howie Muir and Neighbors for Responsible Development

f.          Robert E. Riggs, Attorney for 2700 San Pablo Avenue LLC

 

7.         Barbara Bernstein, Executive Director, Eden I&R, Inc., regarding selling their product.

            a.  Follow up letter.

 

8.         Juliet Lamont, regarding Proposition 13 Creek Grant Award.

 

9.         Ken Schultz, the Co Operative Cleaning Co. Inc., regarding parking.


10.       Morgan Fichter, regarding alternate transportation incentives before digging up Civic Center Park for a parking garage.

 

11.       Lenora Moore, Community Services United Berkeley Flea Market, regarding invitation to Berkeley Flea Market.

 

12.       Megan Walton, Peerless Lighting, regarding American Soils.

 

13.       Allan P. Donnelly, Lead Counsel, Metricom, regarding telecommunications.

 

14.       Paul Kamen, regarding Eastshore State Park Joint Commission meeting.

 

15.       Rick Spittler, Executive Director, BORP, regarding funding request.

 

16.       Berkeley Symphony Orchestra's request for emergency funding.

            a.           Annie and Bruce Nalejuy

            b.           Rafael Friedman

            c.           Claude Stoller

            d.           Shelr Nan

            e.           Virginia V. Baker

            f.            Ellen L. Hahn

            g.           Shirley Carlson, Director, North Berkeley Piano School

            h.           Berkeley Cultural Trust, (19 members)

            i.            Patricia Atwood

 

17.       Patrick Kennedy, article regarding importance of saving and creating performance space.

 

18.       Maris Arnold, regarding Eastshore State Park - Berkeley Meadow.

 

19.       Tom Fruehan, regarding polluted water in neighborhood.

 

20.       Tom Fruehan, regarding flow of wastewater onto Alcatraz Avenue.

 

21.       Regarding support for BOSS - Clean City Program.

            a.        Deborah Badhia, Executive Director, Downtown Berkeley Association.

            b.        John H. DeClercq, Senior Vice President, TransAction Financial Corporation.

            c.        Rachel A. Rupert, Chief Executive Officer, Berkeley Chamber of Commerce.

            d.        Kathy Berger, Executive Director, Telegraph Area Association.

            e.        Willie Phillips, Chairperson, West Berkeley Neighborhood Development Corp.

            f.         Sam Dyke, Chair, Adeline-Alcatraz Merchants Association.

 

22.       Toni Horodysky, regarding environmental problems.

 

23.       Patrick Kennedy, article regarding solving housing and traffic problems.

 

24.       L. A. Wood and Pamela Sihvola, regarding LBNL/DOE Comments on Public Participation.

 

25.       L. A. Wood, regarding budget request for Public Works Corporation Yard.

 

26.       Robert Cabrera, President, Berkeley Property Owners Association (two letters), regarding Housing Safety Program.

 

27.       Charles L. Smith, regarding Proposed Tree Protection Ordinances

 

28.       Joni Breves, CTP Executive Director, Computer Technologies Program, regarding groundbreaking of the New ARTech Building

 

29.       Ken Norwood, regarding stopping publications with tobacco company ads distributed in public locations accessible by children.

 

30.       Petition signed by eighteen people regarding public expenditures on public parking in the downtown and southside.

 

31.       Regarding Police Tower Redesign

            a.            Chris Knudsen

            b.            Robin McDonnell

 

32.       Regarding safety inspection for rental housing

            a.            Michael Wilson

            b.            Leslie Dixon

            c.            Roslyn Fuerman

            d.             T. R. Edlin

            e.            Michelle Pellegrin

           

 

Adjournment

 


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