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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, JULY 10, 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. 

  1. Proclamation Honoring Inoue Family for Donation in Memory of 
    Junko Hosoda 

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

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

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

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

 

Consent Calendar


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

  1. 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
     

  2. Minutes for Approval
    From: City Manager
    Recommendation:
    Approve the attached minutes for the meetings of: a) June 12, 2001 (regular); b) June 19, 2001 (closed); c) June 19, 2001 (regular); d) June 26, 2001 (special); and e) June 26, 2001 (regular).
    Contact: Sherry M. Kelly, City Clerk, 981-6900
     

  3. Annual Appropriation Ordinance (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of the FY 2002 Annual Appropriation Ordinance.
    Contact: Phil Kamlarz, Deputy City Manager, 981-7006
     

  4. Tax Rate - Emergency Medical Services (first reading vote 6/26/01- unanimous) 
    From: City Manager
    Recommendation:
    Adopt second reading of an Ordinance levying a special tax of $0.0250 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
    Contact: Fran David, Finance, 981-7300; Reginald Garcia, Fire, 981-3473
     

  5. Tax Rate - Maintenance of Parks, Trees and Landscaping (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance levying a Fiscal Year 2002 special tax of $.0941 per square foot of all improvements to fund the maintenance of parks, city trees and landscaping.
    Contact: Fran David, Finance, 981-7300; Lisa Caronna, Parks and Waterfront, 981-6700
     

  6. Tax Rate - Fire Seismic General Obligation Bonds (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance setting the Fiscal Year 2002 tax rate for Fire Seismic General Obligation Bonds (election of 1992) at 0.0375%.
    Contact: Fran David, Finance, 981-7300; Reginald Garcia, Fire, 981-3473
     

  7. Tax Rate - Measure S General Obligation Bonds (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance setting the Fiscal Year 2002 tax rate for the Measure S General Obligation Bonds (election of 1996) at 0.0475%.
    Contact: Fran David, Finance, 981-7300
     

  8. Tax Rate - Library Services (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance 
    setting the FY 2002 tax rate for the Library at $0.1081 (10.81 cents) per square feet for dwelling units and $0.1636 (16.36 cents) per square feet for industrial, commercial and institutional buildings.
    Contact: Phil Kamlarz, Deputy City Manager, 981-7006
     

  9. Tax Rate - Emergency Services for the Severely Disabled (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance setting the FY 2002 tax rate for the provision of emergency services for the severely disabled at $0.00891 (.891 cents) per square foot of improvements.
    Contact: Phil Kamlarz, Deputy City Manager, 981-7006
     

  10. Tax Rate - Disaster Fire Protection (Measure Q) (first reading vote 6/26/01- unanimous) 
    From: City Manager 
    Recommendation:
    Adopt second reading of an Ordinance setting the FY 2002 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
    Contact: Phil Kamlarz, Deputy City Manager, 981-7006
     

  11. Public Liability Settlement: Yun Ho Yi 
    From: City Manager 
    Recommendation:
    Adopt a Resolution approving a property damage settlement to Yun Ho Yi in the amount of $6,577.38 for Public Liability Claim No. 01-131.
    Contact: Manuela Albuquerque, City Attorney, 981-6950
     

  12. Public Liability Settlement: Leslie Ann Fuchs 
    From: City Manager 
    Recommendation:
    Adopt a Resolution approving a property damage settlement to Leslie Ann Fuchs in the amount of $10,448 for Public Liability Claim No. 01-145.
    Contact: Manuela Albuquerque, City Attorney, 981-6950
     

  13. Compatibility of Outside Employment by Board and Commission Members  (CF 89-01) 
    From: City Manager 
    Recommendation:
    Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 3.02.050 to provide for a Council determination as to whether outside employment of public officials is incompatible and providing for automatic termination of board and commission members under certain circumstances, as determined by Council.
    Contact: Manuela Albuquerque, City Attorney, 981-6950
     

  14. Contract: High Efficiency Traffic Signals 
    From: City Manager 
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Advanced Traffic Products for the purchase of high-efficiency light emitting diode (LED) green traffic signals in an amount not to exceed $110,000.
    Contact: Stephen Barton, Housing, 981-5400
     

  15. Contract: Activities Advocating Affordable Housing 
    From: City Manager 
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a two-year contract and any amendments with Housing Rights, Inc. in the annual amount of $30,000 to continue a variety of tenant organizing, coalition-building, and other activities to help save the Federal Section 8 Program and other affordable housing programs; and authorizing a two-month advance payment.
    Contact: Stephen Barton, Housing, 981-5400
     

  16. Donation for Cesar Chavez Park 
    From: City Manager 
    Recommendation:
    Adopt a Resolution accepting a donation of $11,200 from Kazuko and Atsushi Inoue for a memorial bench and pathway improvements in Cesar Chavez Park in memory of Junko Hosoda; and extending the City's appreciation for this kind and generous donation honoring the life of Junko Hosoda.
    Contact: Lisa Caronna, Parks and Waterfront, 981-6700
     

  17. Temporary Employment Agency Services 
    From: City Manager 
    Recommendation:
    Adopt a Resolution authorizing expenditures of $30,000 to TAC Staffing Services for the period July 1, 2000 to June 30, 2001, and $55,000 to Apple One for the period July 1, 2000 to December 31, 2001, to provide temporary employment services for the Planning and Development Department.
    Contact: Wendy Cosin, Planning and Development, 705-8105
     

  18. Contract: Program Development and Marketing Plan to Assist Visitors
    From: City Manager 
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office for $308,900 to provide continued program development and marketing plan implementation to assist visitors.
    Contact: Bill Lambert, Economic Development, 705-8123
     

  19. Contracts: HIV LAB Services 
    From: City Manager 
    Recommendation:
    Adopt a Resolution authorizing the City Manager to accept UNILAB’s bid and execute contracts and any amendments with UNILAB and the Alameda County Public Health Laboratory to perform HIV antibody blood screening laboratory services in amounts not to exceed $88,000 and $49,000, respectively, for the period July 1, 2000 to June 30, 2002.
    Contact: Fred Medrano, Health and Human Services, 981-5100
     

  20. Tamalpais Path Project 
    From: City Manager 
    Recommendation:
    Adopt a Resolution 1) approving plans and specifications for the Tamalpais Path Project; 2) rejecting all bids; and 3) authorizing the City Manager to negotiate and execute a contract with the lowest negotiated bidder in an amount not to exceed $36,205 for the period July 16, 2001 through December 30, 2001.
    Contact: Rene Cardinaux, Public Works, 981-6300
     

  21. Definition of "Public Safety and Emergency Services"; and Uses in Zoning Districts 
    From: City Manager 
    Recommendation:
    Adopt first reading of an Ordinance adding a definition of "Public Safety and Emergency Services" to the Berkeley Municipal Code (BMC) Title 23 and adding these uses to the list of permitted uses in all zoning districts with a public hearing and use permit. 
    Contact: Wendy Cosin, Planning and Development, 705-8102 
     

  22. Marina Rules and Regulations 
    From: City Manager 
    Recommendation:
    Adopt first reading of an Odinance repealing and reenacting Berkeley Municipal Code Chapter 6.20, Marina Rules and Regulations, to: 1) add and clarify definitions; 2) strengthen the Marina Supervisor’s ability to cancel or deny permits for unseaworthy vessels and provide berthers a means of overcoming a finding of unseaworthiness; 3) clarify the legal relationship with berthers; 4) modify safety measures; 5) prohibit the use of jetskis; 6) to allow berthers to stay aboard vessels for three consecutive days/nights; and 7) establish an appeals process and rules for charter vessels at private docks.
    Contact: Lisa Caronna, Parks and Waterfront, 981-6700
     

  23. BART to ART Program for Downtown Berkeley 
    From: Councilmembers Armstrong and Hawley 
    Recommendation:
    Create the framework for a BART to ART Program, which encourages theatergoers to park at outlying BART stations and take BART to the theater in downtown Berkeley. Patrons would present their BART tickets at the box office for a $2 reduction in the theater ticket price.
    Contact: Polly Armstrong, Councilmember District 8, 981-7180; Miriam Hawley, Councilmember District 5, 981-7150
     

  24. Fourth Highway Bore for Caldecott Tunnel 
    From: Councilmember Hawley and Armstrong 
    Recommendation:
    Request the City Manager send a letter to the BART Board of Directors with copies to the AC Transit Board of Directors and the Alameda County Congestion Management Agency requesting the following: 1) That BART District Board of Directors consider rescinding its endorsement of the fourth highway bore for the Caldecott Tunnel; and 2) That BART to work with other transit agencies and the Congestion Management Agencies of Alameda and Contra Costa counties to develop services for reverse-commute trips on transit and to encourage the compact development of jobs and housing around its stations.
    Contact: Miriam Hawley, Councilmember District 5, 981-7150; Polly Armstrong, Councilmember District 8, 981-7180
     

  25. Waive Fees for Business Street Fair 
    From: Mayor Dean 
    Recommendation:
    Adopt a Resolution waiving fees of $861 for the Berkeley Mount Zion Missionary Baptist Church Business Street Fair on August 25, 2001.
    Contact: Shirley Dean, Mayor, 981-7100
     

  26. Sierra Club Energy Pledge Drive 
    From: Mayor Dean 
    Recommendation:
    Request the City Manager coordinate official City participation in the Sierra Club Energy Pledge drive and initiate an all-out drive to enlist large numbers of Berkeley residents, businesses, employees (including City employees), and the Berkeley Unified School District and the University of California, to support the Pledge drive.
    Contact: Shirley Dean, Mayor, 981-7100
     

  27. Day Labor 
    From: Mayor Dean 
    Recommendation:
    Request that the City Manager undertake a study, (either in-house, in partnership with existing agencies, or by hiring a consultant), to look into the situation of day laborers congregating on Hearst Street at each corner between Sixth and Frontage Road. The Manager is asked to determine the extent of the problem and the number of day laborers at these locations at different hours of the day; and the Manager is also asked to recommend to the Council what actions might be needed to reduce the problems that are being reported. In undertaking this request, the Manager is specifically asked to meet with the day laborers, affected businesses, social agencies and others and to gather information from other cities with the same problem regarding what has worked and what has not worked.
    Contact: Shirley Dean, Mayor, 981-7100
     

  28. Installation of Countdown Pedestrian Crossing Signals 
    From: Mayor Dean 
    Recommendation:
    Request the City Manager report to Council at the July 17th meeting on progress made toward installing (or upgrading) energy-saving light-emitting diode countdown pedestrian crossing signals at selected signaled intersections in the City that experience substantial pedestrian traffic and/or the highest number of pedestrian complaints.
    Contact: Shirley Dean, Mayor, 981-7100
     

  29. Extending Time for Transfer Tax Rebate for Seismic Retrofit Work 
    From: Mayor Dean 
    Recommendation:
    Request the City Manager review Berkeley Municipal Code (BMC) Section 7.52.060 to determine: 1) the feasibility of adding language which would allow the City to grant a further extension of the time period (beyond the current two year maximum) for completion of seismic work and obtaining a transfer tax refund, the time extension to be narrowly confined to delay caused by either of the following factors: a) the need to resolve conflicts caused by various City requirements before retrofit construction can proceed, or b) the project involves a major reconstruction of the structure, and has also been subject to one or more of the “good cause” reasons for extension set forth in BMC Code Section 7.52.060.K.6; 2) assuming that such an extension might be granted on either or both of the aforementioned grounds, the exact language that is needed to effectuate the change; and 3) additionally, for rebate cases immediately affected by these changes, instruct the appropriate parties to retain the funds in escrow until the Code amendments are completed, so that if a rebate is due under the revised Code, then it can be quickly given.
    Contact: Shirley Dean, Mayor, 981-7100
     

  30. Increased Conversion of Household Lighting to Energy-Efficient Products
    From: Mayor Dean 
    Recommendation:
    Refer to the City Manager and the Energy Commission, the concept of a new program that would involve neighborhood watch groups, and other similar already existing neighborhood groups, as a conduit for conversion to energy-efficient lighting, and possibly other conservation measures, and distribution of energy conservation information, and providing incentives to such groups when they achieve a numerical goal, possibly as high as 90% of households participating in conversion of household lighting to energy efficient products. The City Manager and Energy Commission to select appropriate level of participation to qualify for the incentive, and the actual incentive or incentives which would be offered.
    Contact: Shirley Dean, Mayor, 981-7100
     

  31. Support in Principle for the Draft Compact for a Sustainable Bay Area 
    From: Mayor Dean 
    Recommendation:
    Adopt a Resolution supporting in principle the Draft Compact for a Sustainable Bay Area (the “Draft Compact”), which is a regional “general plan” being produced by the Bay Area Alliance for Sustainable Development (the “Bay Area Alliance”); 2) ask the City Clerk to forward the resolution to the Bay Area Alliance; and 3) agree to schedule a presentation on the Draft Compact in the early Fall, the date to be determined by the City Clerk.
    Contact: Shirley Dean, Mayor, 981-7100
     

  32. Proclamation for “Pedaling for Peace” Bicycle Group 
    From: Councilmember Maio 
    Recommendation:
    1) Issue a proclamation in support of the “Pedaling for Peace” group’s trip to Santee, California, and issue a greeting to the City of Santee; 2) Consider possible financial support from individual Council D-13 funds and any other sources that may become suitable; and 3) Allow the group to make a five to ten minute presentation at the July 17 meeting.
    Contact: Linda Maio, Councilmember District 1, 981-7110
     

  33. Presentation/Proclamation for Pedaling for Peace 
    From: Mayor Dean 
    Recommendation:
    Approve a Council proclamation and a 10-minute presentation (5 minutes presentation, 5 minutes discussion) for Pedaling for Peace, at the July 17th meeting.
    Contact: Shirley Dean, Mayor, 981-7100
     

  34. Support Free Bus Passes for Low-Income Middle and High School Students 
    From: Councilmembers Hawley, Spring, Maio, Worthington 
    Recommendation:
    Adopt a Resolution in support of a pilot program for free bus passes to students in the AC Transit service area and forward to Alameda County Supervisor Keith Carson.
    Contact: Miriam Hawley, Councilmember District 5, 981-7150; Dona Spring, Councilmember District 4, 981-7140; Linda Maio, Councilmember District 1, 981-7110; Kriss Worthington, Councilmember District 8, 981-7180
     

  35. Pilot Program for Free Bus Passes for Middle and High School Children
    From: Mayor Dean 
    Recommendation:
    Request the City Manager to write a letter to Metropolitan Transportation Commission Chairperson Sharon Brown in support of including in the Regional Transportation Plan, a pilot program for $11,900,000 which subsidizes an annual bus pass for all middle and high school children participating in the free or reduced lunch program within the AC Transit service area for a period of three years.
    Contact: Shirley Dean, Mayor, 981-7100
     

  36. Funds for Restriping Bicycle Lanes 
    From: Councilmember Spring 
    Recommendation:
    Redirect $30,000 in unused “bicycle” funds for restriping the faded bicycle lanes on the designated bicycle boulevards.
    Contact: Dona Spring, Councilmember District 4, 981-7140
     

  37. Support Exhibit Opposing Violations of Human Rights and Death Penalty
    From: Councilmember Worthington 
    Recommendation:
    Support a special exhibit opposing violations of human rights and the death penalty by displaying European instruments of torture and capital punishment from the middle ages to the present.
    Contact: Kriss Worthington, Councilmember District 8, 981-7180
     

  38. Waive Fees for “Life Under Siege Encampment” 
    From: Councilmember Worthington 
    Recommendation:
    Adopt a Resolution: 1) waiving all fees, including fees for event, sound permits, and insurance fees associated with the “Life Under Siege Encampment” at Martin Luther King Jr. Park on Thursday, September 13th through September 15th; 2) allowing permission to remain in the park all night on September 13 and 14; 3) exempting Berkeley Municipal Code Section 20.24.040, allowing a banner to be hung across the stage; and 4) provide in-kind services of four portable toilets and hanging banners.
    Contact: Kriss Worthington, Councilmember District 8, 981-7180
     

  39. Solar Outdoor Lighting 
    From: Mayor Dean 
    Recommendation:
    Request the City Manager to investigate the feasibility of converting some of the various types of City outdoor lighting, especially lighting for bus shelters, bus stops, parking lots, parks, and pathways, to solar power, and report back within 60 days, if possible.
    Contact: Shirley Dean, Mayor, 981-7100
     

  40. Proclamation for Staff Responding to Recent Meningitis Cases 
    From: Mayor Dean 
    Recommendation:
    Approve the presentation of a Council proclamation on July 17, drafted by the Mayor’s Office, recognizing the outstanding work of our Public Health Department, Public Health Nurses, and many other City staff responding to the recent meningicoccal meningitis.
    Contact: Shirley Dean, Mayor, 981-7100
     

  41. Support Renewable Energy Sources and Strengthening CAFÉ Standards
    From: Councilmember Maio 
    Recommendation:
    Adopt a Resolution urging California to participate in a nationwide mobilization of elected officials to go beyond Kyoto by supporting renewable energy sources as a priority and strengthening CAFÉ standards.
    Contact: Linda Maio, Councilmember District 1, 981-7110
     

  42. Military Recruitment 
    From: Peace and Justice Commission 
    Recommendation:
    Endorse a proposed Commission Resolution to the Berkeley Unified School District (BUSD) Board of Education to create a task force to assess the current state of efforts to promote curriculum-based and extracurricular programs and activities focusing on: 1) furthering an historical and contemporary understanding of the root causes and consequences of violence and militarism, 2) promoting an understanding of and appreciation for nonviolent conflict resolution, and 3) discussing related issues of military recruitment and service, and pacifist alternatives to such service; explicitly prohibiting all recruitment activities by the U.S. Military on all BUSD campuses; and explicitly prohibiting access for military recruitment purposes to lists of BUSD students and to any means under the jurisdiction of BUSD for communicating with BUSD students.
    Contact: Manuel Hector, Secretary, 981-5110
    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

Action Calendar

 

Presentation:

  1. Update on Library Building Project and Memorandum of Understanding: Library Loan 
    From: City Manager 
    Recommendation:
    1) Adopt a Resolution entering into a Memorandum of Understanding (MOU) with the Board of Library Trustees for a loan up to $1,288,000 and rescinding all previous MOU’s; and 2) reaffirming the policy of increasing the General Fund Reserve to 6% by Fiscal Year 2005.
    Contact: MaryLou Mull, Library, 644-6095; Phil Kamlarz, Deputy City Manager, 981-7000

Public Hearing:

  1. Establishment of North Shattuck Business Improvement District (BID) 
    From: City Manager 
    Recommendation:
    1) Conduct a public hearing on the proposed establishment of the North Shattuck Business Improvement District; 2) delay action for approximately ½ hour to allow the City Clerk to prepare ballot tabulations; 3) receive results of the election from the City Clerk; and 4) if no majority protest exists after tabulation of the assessment ballots at the end of the public hearing, adopt a Resolution establishing the North Shattuck Business Improvement District and levying assessments on properties within the District for Fiscal Year 2001-2002.
    Contact: Bill Lambert, Economic Development, 705-8123

Old Business: 

  1. 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; 6/12) 
    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 46.
     

  2. Sunshine Ordinance (removed from the Consent Calendar by Councilmember Armstrong and held over from 3/27, 4/17, 5/8, 5/15, 6/12)
    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 
     

  3. Potentially Environmentally Risky Businesses in the East Bay (held over from 4/17. 5/8, 5/15, 6/12) 
    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
     

  4. Regional Appointments/Special Assignments (removed from the Consent Calendar by Councilmember Worthington and held over from 4/24, 5/8, 5/15; 6/12) 
    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
     

  5. Traffic Signs: Alternate Route to Highway 24 (removed from the Consent Calendar by Councilmember Worthington and held over from 5/8, 5/15; 6/12)
    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
     

  6. Ellis Act Mitigations (CF# 31-01) (held over from 5/15, 6/12) 
    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
     

  7. Landmark Preservation Fees (removed from the Consent Calendar by Councilmember Olds and held over from 5/22, 6/12) 
    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
     

  8. Permits for Parades, Street Events and Block Parties (CF# 15-01) (removed from the Consent Calendar by Councilmembers Armstrong from 6/12)
    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
     

  9. Written Explanation for Items Removed from the Consent Calendar (removed from the Consent Calendar by Councilmember Maio and held over from 6/12) 
    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
     

  10. Transportation Function Consolidation 
    a.   From: Transportation Commission
    (held over from June 12, 2001)
    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 
    b.   From Public Works Commission (held over from June 12, 2001)
    Recommendation:
    Adopt the City Manager’s plan to carefully study the placement of the transportation planning and traffic engineering functions before making a final decision. This study should include all potential options, whether to combine these functions and if so, where these functions would be most effective within the organizational structure.
    Contact: Jeffrey Egeberg, Secretary, 981-6400
    c.   From Commission on Disability 
    Recommendation:
    Keep the Traffic Engineer in Department of Public Works and add the Transportation Planner to Department of Public Works.
    Contact: Eric Dibner, Acting Secretary, 981-6342
    d.   City Manager Report
    Recommendation:
    The City Manager is proceeding to reorganize transportation functions to address the City’s need, to ensure close coordination between the Planning and Development Department and the Public Works Department and to assist with recruitment. Before making a final decision, the City Manager will carefully study all potential options, whether to combine traffic engineering and transportation planning and, if so, where in the organizational structure these 
    functions would be most effective.
    Contact: Rene Cardinaux, Public Works, 981-6300
     

  11. Transit Major Investment Study (removed from the Consent Calendar by Councilmember Worthington and held over from 6/19) 
    From: Transportation Commission 
    Recommendation:
    Adopt a Resolution selecting Telegraph Avenue as the preferred alignment, and bus rapid transit (BRT) as the preferred transit mode choice for the Major Investment Study (MIS).
    Contact: Karen Haney-Owens, Secretary, 705-8137
    City Manager Report 
    Recommendation:
    Concurs with the recommendation of the Commission.
    Contact: Wendy Cosin, Planning and Development, 705-8102
     

  12. In-Lieu Park Mitigation Payments in New Developments (removed from Consent Calendar by Councilmember Olds and held over from 6/26)
    From: Councilmember Spring 
    Recommendation:
    Refer to the Planning Commission a request that they update the Berkeley Municipal Code with a revised ordinance for making specific findings that can be made to certain size developments to require in-lieu park mitigation payments from new development. 
    Contact: Dona Spring, Councilmember District 4, 981-7140 
     

  13. Fee and Transfer Tax Waivers: Solar Panels (removed from Consent Calendar by Mayor Dean and held over from 6/26) 
    From: Councilmember Spring 
    Recommendation:
    Request the City Manager waive all fees for permits to install solar panels and that funding for these waivers be taken from the additional utility taxes coming into the City, and that the City Attorney return to Council with an ordinance to give transfer tax credit for the cost of installing solar panels after state and federal rebates. 
    Contact: Dona Spring, Councilmember District 4, 981-7140 

New Business: 

  1. Bill of Rights for Taxi Scrip Riders 
    From: Commission on Aging 
    Recommendation:
    Allow 20 minutes for a presentation on the proposed Bill of Rights for Taxi Scrip Riders from three members of the Taxi Scrip Riders Support Committee and two members of the Commission on Aging, and after the presentation, adopt a Resolution establishing a Bill of Rights for Taxi Scrip Riders, requiring all cab companies to sign the Bill of Rights as a condition of their licensure with the City, and requiring that the City Manager enforce the provisions of the Bill of Rights through citations and fines.
    Contact: Lisa Ploss, Secretary, 644-6050
    a.   City Manager Report
    Recommendation:
    The recommendations affect budget and/or other programs, City Manager requests no action be taken until there has been an opportunity to respond at the meeting of September 11, 2001.
    Contact: Fred Medrano, Health and Human Services, 981-5100
     

  2. Oppression of Females by the Taliban (CF 00-241) 
    From: Peace and Justice Commission 
    Recommendation:
    Adopt a Resolution approving a City donation in the amount of $500 for the Feminist Majority Foundation in support of the Adopt-A-School Project for Afghan girls.
    Contact: Manuel Hector, Secretary, 981-5110
    a.   City Manager Report
    Recommendation:
    The recommendations contained in this report affect budget and/or other programs. Please refer to the mid-year budget process. Council should develop a policy for contributions to non-profits that do not go through a formal process.
    Contact: Fred Medrano, Health and Human Services, 981-5100

Information Reports

  1. Notice of Decision: Ralph White House, 1841 Marin Avenue (to be delivered) 
    From: City Manager 

    Contact: Sherry M. Kelly, City Clerk, 981-6900
     

  2. Support Berkeley Youth Energy Services Program 
    From: Commission on Aging 

    Contact: Lisa Ploss, Secretary, 644-6050

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. Letter signed by twenty persons regarding transportation and parking. 
     

  2. Don Ross regarding Public Safety Building Communications Tower. 
     

  3. Brian Bateman, Manager, Toxic Evaluation Section, Bay Area Air Quality Management District regarding a Health Risk Assessment as requested by Council. 
     

  4. Regarding the budget: 
    a) Erica Etelson 
    b) L.A. Wood 
     

  5. Arlene Merryman, regarding dangerous intersection at Rose/Shattuck. 
     

  6. William A. Reinsch, President, National Foreign Trade Council, regarding municipal trade sanctions. 
     

  7. Barbara Boxer, U.S. Senator, thanking Council for contacting her regarding support of high speed rail programs. 
     

  8. Ray Dobard, regarding City translation services for the hearing-impaired. 
     

  9. Carol Willoughby, Chairperson, Human Welfare and Community Action Commission, regarding the manner in which the CSBG/General funding process was conducted. 
     

  10. Rita Wilson, regarding potential condemnation of Israel. 
     

  11. Susan Anthony, regarding acquisition of American Soils property for park use. 
     

  12. Dagmar Schildwach, Memory Walk Coordinator, Alzheimer’s Association, regarding a proclamation on behalf of the Alzheimer’s Association’s Memory Walk for the Greater San Francisco Bay Area. 
     

  13. Letter containing 17 signatures regarding ready access and less traffic in ways suggested by the General Plan and Transportation Demand Management Study.
      

  14. Elizabeth Edinger, regarding Customer Service Center at 2020 Center Street.
     

  15. Howie and Connie Muir, regarding project at 2700 San Pablo Avenue. 
     

  16. L.A. Wood, regarding California Environmental Quality Act review for Harrison Soccer and Skate Park Facility.

Adjournment


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