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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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SUMMARY

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, APRIL 17, 2001

 

Preliminary Matters

 

Roll Call:  7:04 p.m.  All present.

 

Ceremonial Matters: 

 

Cash for Trash Awards

            Action:  Presented awards.

 

Proclamation for Earth Day

            Action:  Proclamation to be presented at another time and location.

 

Proclamation for El Dia de Los Ninos

            Action:  Presented proclamation.

 

Comments from the City Manager: 

PG&E Co. will be cutting service to certain areas on April 25 to repair equipment.

April 21 from 9:00 a.m. to 4:00 p.m. will be Cal Day on the University of California campus.  The Energy Office will be distributing brochures describing energy-saving measures to businesses and residences.  On May 11 the Martin Luther King Jr. Civic Center Building will be dedicated and the City will hold an open house in the building and in other facilities.

 

Comments from the Public:  Fourteen speakers.

 

Youth Forum:  One speaker.

 

Consent Calendar

 

Action:  Moved, seconded, carried (Worthington/Maio) to adopt Consent Calendar items in one motion except as indicated.

 

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

            Action:  Adopted Resolution No. 61,011-N.S.

 

2.         Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a).March 20, 2001 (special); b) March 20, 2001 (regular); and c) March 27, 2001 (regular).

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

            Action:  Approved minutes as revised.

 

3.         State Office of Emergency Services Grant

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to join with the cities of Albany and Emeryville to apply for and accept a grant from the State of California Office of Emergency Services, in the amount of $120,000, with Berkeley's share to be $54,000, for the purchase of equipment and supplies for responding to incidents of terrorism or weapons of mass destruction.

Contact:  Reginald Garcia, Fire, 981-3473

            Action:  Adopted Resolution No. 61,012-N.S.

 

4.         Reporting Stolen or Lost Firearms (CR#37-00) (first reading vote

            3/27 - unanimous)

            From:  City Manager

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

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted second reading of Ordinance No. 6619-N.S.  Effective:  May 17, 2001.

 

5.         Medical Marijuana Ordinance (CR# 99-171) (first and second readings (Noes - Councilmember Spring)

            From:  City Manager

Recommendation:  Adopt second reading of a Medical Marijuana Ordinance and adding Berkeley Municipal Code (BMC) Section 12.26 to establish protocols for medical cannibis. 

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

Action:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Breland/Maio) to adopt second reading of Ordinance No. 6620-N.S.  Effective:  May 17, 2001.

 

6.         Grant/Contract:  Substance Abuse

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $50,000 from the Alameda Alliance for Health for a sole source contract with Positive Outlook Consultant Services to provide staff and provider substance abuse sensitivity training, substance abuse counseling, and pretreatment service to African American pregnant and parenting women in Berkeley, for the period May 1, 2001 through June 30, 2002; to execute the resultant agreement and any amendments and to authorize a $15,000 advance payment to Positive Outlook Consultant Services.

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

            Action:  Adopted Resolution No. 61,013-N.S. 

 

7.         Davis, et al. v. City of Berkeley, et al

            From:  City Manager

Recommendation:  Adopt a Resolution approving settlement of Alameda County Superior Court Action No. 827866-1 entitled Narlyn Gay Davis and Garland R. Grisby v. City of Berkeley, et al in the amount of $16,250.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted Resolution No. 61,014-N.S.

 

8.         Joint Winter Shelter - Oakland Army Base

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing a payment in the amount of $56,000 to the City of Oakland, Community and Economic Development Agency, representing the City's pro-rata share of program expenses related to the Joint Winter Shelter Program at the Oakland Army Base.

Contact:  Stephen Barton, Housing, 981-5400

            Action:  Adopted Resolution No. 61,015-N.S.

 

9.         Summer Food Service Program

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition and Food Distribution Division, for a Summer Food Service Program to provide lunches and afternoon snacks to children, for the period June 18, 2001 to October 19, 2001; and to execute the resultant agreement and any amendments.

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

Action:  Adopted Resolution No. 61,016-N.S. with a request from Mayor Dean that the City Manager refer to Council's policy to serve organic food whenever possible.

 

10.       Contract:  Food Services for Tuolumne Camp

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with SYSCO Food Services Inc., for the provision of food services to the Tuolumne Family Camp, to increase the amount by $70,000 for a total not to exceed $285,000 for fiscal year 2001; and to insure uninterrupted purchase, approve the following:  not to exceed $345,000 for FY 2002; $395,000 for FY 2003; and $440,000 for FY 2004.

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

Action:  Adopted Resolution No. 61,017-N.S. with a request from Mayor Dean that the City Manager refer to Council's policy to serve organic food whenever possible.

 

11.       Contract:  Centering Pregnancy Program

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with LifeLong Medical Care, Inc. for the provision of medical services, client education and outreach activities to eligible residents in Berkeley in an amount not to exceed $50,000 for the period January 1, 2001 through June 30, 2001.

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

            Action:  Adopted Resolution No. 61,018-N.S.

 

12.       Contract:  Public Safety Building Communication Tower Study

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with MACRO Corporation to perform a study of issues surrounding the Public Safety Building Communications Tower in an amount not to exceed $50,000 for all services and reimbursable expenses for the term ending June 30, 2002.

Contact:  Rene Cardinaux, Public Works, 981-6300

            Action:  Adopted Resolution No. 61,019-N.S.  (Noes - Armstrong, Olds)

 

13.       Contract:  901 Ashby Street Right of Way

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to enter into a contract for the acquisition of right-of-way at 901 Ashby Avenue for the purpose of widening Seventh Street and implementing related improvements in the vicinity of the Seventh Street and Ashby Avenue intersection.

Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Adopted first reading of Ordinance.  Second reading April 24,

            2001.

 

14.       Contracts:  Purchase of Downtown Public Art

            From:  City Manager

Recommendation:  Adopt two Resolutions:  1) authorizing the City Manager to execute a contract with John Toki in the amount of $50,000 for purchase and installation of a sculpture in Downtown area; and 2) authorizing the City Manager to execute a contract with Wang Po Shu in the amount of $50,000 for fabrication and installation of a sculpture in the Downtown area.

Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Adopted Resolution No. 61,020-N.S. and Resolution No.

            61,021-N.S.

 

15.       Term of the Waterfront Commission

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal (BMC) Section 3.36.070 extending the date of termination of the Waterfront Commission until December 31, 2006.

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

            Action:  Adopted first reading of Ordinance.  Second reading April 24,

            2001.

 

16.       Contract:  Professional Tree Care Company, Inc.

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment, or issue a new contract if necessary, with Professional Tree Care Company Inc., increasing the total contract by $17,309, for a new not-to-exceed total contract amount of $177,125.

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

            Action:  Adopted Resolution No. 61,022-N.S.

  

17.       Contract:  Network Upgrades

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with AMS.NET for an additional $125,000 for network upgrades, for a total contract amount not to exceed $420,000, and extending the period of the contract to December 31, 2001.

Contact:  Chris Mead, Information Systems, 981-6500 

            Action:  Adopted Resolution No. 61,023-N.S.

 

18.       Equal Benefits Ordinance (CR# 99-35, 20-00)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 13 by adding Chapter 13.29 establishing a requirement that specified City contractors provide equal benefits to employees with spouses and employees with domestic partners and the spouses and domestic partners of such employees.

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

Action:  Adopted first reading of Ordinance.  Second reading April 24, 2001.

 

19.       Contract:  First Presbyterian Church Master Plan

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Lamphier-Gregory in an amount not to exceed $175,000 for planning services and preparation of environmental documents for the First Presbyterian Church's expansion project for the period May 2001 to May 2002.

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

            Action:  Adopted Resolution No. 61,024-N.S. (Noes - Spring)

 

20.       Fee Waiver:  Chocolate & Chalk Art Festival

            From:  Councilmember Hawley

Recommendation:  Waive all fees for the Chocolate and Chalk Arts Festival to be held on Solano Avenue May 26, 2001.

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

            Action:  Adopted Resolution No. 61,025-N.S.

 

21.       Safe Routes to Schools, Senate Bill 10

            From:  Councilmember Hawley and Mayor Dean

Recommendation:  1) Support SB 10 (Soto), a bill to extend indefinitely the Safe Routes to School legislation that was passed two years ago, and that is scheduled to expire in January 2002; and 2) request the City Clerk notify the bill sponsors, the City's Sacramento legislative representatives and lobbyist.

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

            Action:  Approved recommendation. 

  

22.       Support AB 3 and AB 100, Property Tax Revenue

            From:  Mayor Dean

Recommendation:  1) Support AB 3 (Ashburn) and AB 100 (Simitian) which would return more ad valorem property tax money to local government by freezing the amount of this revenue going to schools in accordance with certain formulae; and 2) request the City Clerk notify the bills' sponsors and the City's Sacramento legislators and lobbyist of the City's position.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

23.       Presentation:  Measure B

            From:  Mayor Dean

Recommendation:  Approve a twenty minute presentation (ten minutes presentation, ten minutes discussion) at the next available date, to be determined by the City Manager, by representatives from the Alameda County Transportation Authority about the status of Measure B.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

24.       Presentation:  CALSHINE (Cal Students for Health Insurance in

            Neighborhoods)

            From:  Mayor Dean

Recommendation:  Approve a twenty minute presentation (ten minutes presentation, ten minutes discussion) at the next available date, to be determined by the City Manager, by representatives from CALSHINE about its outreach program to 10,000 area residents who are medically uninsured or underinsured. 

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Approved recommendation.

 

25.       Presentation:  Domestic Violence Trends

            From:  Mayor Dean

Recommendation:  Approve a twenty minute presentation (ten minutes presentation, ten minutes discussion) at the next available date, to be determined by the City Manager, by representatives from the Berkeley Police Department and the Family Violence Law Center on the subject of four year trends in Berkeley's domestic violence statistics and prevention.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

26.       Support SB 547, Subsidized Transit Passes

            From:  Mayor Dean

Recommendation:  Support SB 547 (Figueroa) which authorizes various tax credits for the costs incurred by employers who provide subsidized transit passes to their employees; and 2) request the City Clerk notify the bill sponsor and the City's Sacramento legislative representatives and lobbyist.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

  

27.       Support AB 554, Exemptions to Gross Receipts Tax

            From:  Mayor Dean

Recommendation:  1) Support AB 554 (Campbell) which authorizes tiered tax exemptions on the gross receipts tax otherwise due for the sale, storage, use, or other consumption in California of tangible personal property consisting of a variety of low/no emission vehicles as rated by the State Air Resources Board; and 2) request the City Clerk notify the bill sponsor and the City's Sacramento legislative representatives and lobbyist.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

28.       Support AB 989, Food and Cash Assistance to Certain Legal

            Immigrants

            From:  Mayor Dean

Recommendation:  1) Support AB 989 (Chan and Cedillo) which indefinitely extends State programs of food and cash assistance to certain needy legal immigrants who are ineligible for the Federal food stamp program and SSI/SSP benefits; and 2) request the City Clerk notify the bill sponsors and the City's Sacramento legislative representatives and lobbyist.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

29.       Support AB 1649, Gender Stereotyping

            From:  Mayor Dean

Recommendation:  1) Support AB 1649 (Goldberg) which clarifies that gender stereotyping is a prohibited form of discrimination under the state's Fair Housing and Employment Act (FHEA); and 2) request the City Clerk notify the bill sponsor and the City's legislative representatives and lobbyist in Sacramento of the City's position.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

30.       Completion of City-Approved Underground Districts

            From:  Mayor Dean

Recommendation:  1) Petition the California Public Utilities Commission to require P.G.&E. to resume and complete five already approved underground utilities projects; 2) refer to the City Manager the question of the City joining with the cities of San Francisco and Oakland (and possibly other cities) in a lawsuit to compel completion of the already approved underground utility projects; and 3) refer to the City Manager the question of the City being involved in the proceedings that are currently before the P.G.&E. bankruptcy court in order to ensure that the underground utility projects that have already been approved by the City are completed, and to carry out other commitments made to the City by P.G.&E. to implement improvements in their systems within the City's boundaries.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

  

31.       Policy Encouraging Use of Renewable Energy Sources

            From:  Mayor Dean and Vice Mayor Shirek

Recommendation:  Establish a policy that the City actively encourage the use of renewable energy sources (wind, solar, fuel cell) to meet private and public individual building electricity needs.  In carrying out this policy, the Council refers to the City Manager the following proposals:  1) Vigorously pursue the conversion of existing city-owned buildings to new technology based on energy derived from renewable sources.  2) require the use of new technology to provide energy derived from renewable sources for installation on all new construction of City owned buildings; 2) strongly advocate and request that the following public institutions partner with the City in the effort to promote the use of energy systems using renewable resources in new construction: a) the Peralta Community College District for Vista College; b) the University of California, Berkeley commencing with the new buildings planned for the Oxford Tract and the Underhill site and including all subsequent new construction; and c) the Berkeley Unified School District for the new building(s) currently planned for Berkeley High School and all subsequent new construction; 3) encourage the private sector to convert to alternative energy systems using renewable resources through extending the use of the Transfer Tax to cover the costs of such conversion in the same manner that seismic retrofit work has

been encouraged at the point of sale; and 4) encourage the development of innovative new energy systems using renewable resources through competitive design proposals for selected specific projects when feasible.  It is requested that in considering these proposals that the City Manager consult with the Energy Commission and other commissions as he deems appropriate and report back to the Council.

            Contact:  Shirley Dean, Mayor, 981-7100; Maudelle Shirek,

            Councilmember District 3, 981-7130

            Action:  Approved recommendation.

 

32.       Energy Conservation - Landscaping and Roof and Wall Color

            From:  Mayor Dean

Recommendation:  1) Refer to the City Manager, Parks and Recreation Commission, Design Review Board, and Energy Commission the development of policies for public and private property regarding the use of landscaping, and roof and wall colors which promotes energy conservation, and recommendations for how such a program would be implemented; 2) refer to the City Manager the question of whether, given the short time frame for implementation and problems of view impact from white roofs, an AB 970 Cool Roof Program could be implemented in the City of Berkeley; and 3) refer to the City Manager, and appropriate commissions, whether the City should pursue the development of roof color and landscaping standards that could be more universally applied than those given in AB 970, and which would assist property owners in achieving energy conservation.  Such standards, if approved by the City of Berkeley, would then be forwarded to our representatives in Sacramento for their consideration for inclusion in new legislation.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

  

33.       Fee Waiver:  People's Park 32nd Anniversary

            From:  Councilmember Worthington

Recommendation:  Waive all fees including fees for event, food, sound permits and insurance fees associated with the People's Park 32nd Anniversary Street Fair and Concert on Sunday, April 29, and allow an exemption to Berkeley Municipal Code Section 20.24.040 allowing a banner to be hung across Telegraph Avenue advertising this event; and approving the City's provision of the following in-kind services:  four portable toilets provided by Public Works, assistance from Public Works in hanging of banners, dumpster and solid waste services, and traffic signage and traffic engineering for the closure of Telegraph (between Dwight and Channing) and Haste (between Bowditch and Dana).

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

            Action:  Adopted Resolution No. 61,026-N.S.  (Noes - Hawley)

 

34.       Compassionate Treatment of Homeless

            From:  Councilmember Worthington

Recommendation:  1) Adopt a Resolution supporting compassionate treatment of homeless people in Berkeley (using the dictionary definition of compassion-not the President's); 2) refer to the City Manager and to the budget process funding suggestions for detox, daytime respite care, rainy day vouchers, share proposal, and storage units; and 3) declare a moratorium on enforcement of 647j, at least until the City can demonstrate that there is a shelter bed available for every request.

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

Action:  Removed from the Consent Calendar by Councilmember Armstrong and held over to April 24, 2001.

 

35.       Opposing China's Bid for the 2008 Olympics

            From:  Councilmember Worthington

            Recommendation:  Adopt a Resolution opposing China's bid for the 2008

            Olympics.

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

Action:  Adopted Resolution No. 61,027-N.S. (Noes - Armstrong, Hawley; Abstain - Maio)

 

36.       Support for Artists and Small Art Groups

            From:  Councilmembers Worthington and Maio

Recommendation:  Make a commitment to support artists and small art groups by establishing a process, including a timeline and goals, for substantially increasing funding for the arts; refer to the budget process the City doubling the amount available for Civic Arts Commission grants, and actively explore increasing the transient and occupancy tax and dedicating the increased revenue to funding the arts.

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

            Action:  Approved recommendation.

  

37.       Environmental Review - Tritium Stack at Lawrence Berkeley

            National Laboratory

            From:  Councilmembers Spring and Worthington

Recommendation:  Direct the City Manager to send a letter to the Lawrence Berkeley National Laboratory (LBNL) requesting the submittal of the work plan for the tritium stack removal at the National Tritium Labeling Facility to the City, the Community Environmental Advisory Commission, Regional Water Quality Control Board, US Environmental Protection Agency, and California Department of Toxic Substances, to allow for the review and approval of the work plan, including environmental sampling and discussion of relocation of the stack, prior to commencement of any work.

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

            Worthington, Councilmember District 7, 981-7170

Action:  Approved recommendation.  (Abstain - Maio)  Mayor Dean stated for the record that the tritium stack is located in the City of Oakland.

 

38.       Proclamation:  Honoring Wavy Gravy and Seva Foundation

            From:  Councilmember Worthington

Recommendation:  Support the proclamation in honor of Wavy Gravy, his work with the SEVA Foundation, and their millionth free cataract eye surgery operation performed.

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

            Action:  Approved recommendation.

 

39.       Safe Routes to School

            From:  Councilmember Worthington

Recommendation:  Refer to the City Manager to design a package for implementation of funds for Safe Routes to School Program and to study including High Intensity Activated Crosswalk (HAWK) Signals.

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

Action:  Approved recommendation with clarification that the designated locations may not be the same intersections but will be in the same area.

 

40.       Fee Waiver:  Tibet Heritage Day

            From:  Councilmember Worthington

Recommendation:  Adopt a Resolution waiving fees for the auditorium and use of chairs in the Veterans Building for Tibet Heritage Day on Saturday, April 20, 2001, 6:30-9:30 p.m.

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

            Action:  Adopted Resolution No. 61,028-N.S.  (Noes - Hawley)

 

41.       6th Annual Berkeley Free Folk Festival

            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

Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to May 8, 2001.

  

42.       Fee Waiver:  Run for Life "Celebrating the Goodness in Children"

            From:  Councilmember Armstrong

Recommendation:  Adopt a Resolution waiving the fees associated with the production of the Run for Life Foundation's run/walk around and through the UC Berkeley campus on Saturday, April 21, 2001.

Contact:  Polly Armstrong, Councilmember District 8, 981-7180

Action:  Adopted Resolution No. 61,029-N.S.

 

43.       Representative of the Poor

            From:  Human Welfare and Community Action Commission

Recommendation:  Adopt a Resolution certifying the results of the March 21, 2001 selection of David Nabti as Representative of the Poor to the Human Welfare and Community Action Commission (HWCAC) for District 2, term ending December 30, 2004.

Contact:  Marianne E. Graham, Secretary, 981-5416

a.            City Manager Report

Recommendation:  Concurs with the content and recommendations of the Commission.

Contact:  Stephen Barton, Housing, 981-5400

Action:  Adopted Resolution No. 61,030-N.S.

 

Presentations

 

44.       Personal Assistance Service (PAS) Crisis Team

            From:  Councilmember Spring

Action:  Heard presentation.  Mayor Dean requested that information regarding the PAS be placed on the City's website.

 

45.       Transportation Demand Management (TDM) Study (report on file in Planning Department and Office of the City Clerk)

            From:  City Manager

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

Action:  Heard presentation.  Councilmember Spring requested a report on the times of day that parking lots are at capacity and the impact of the parking structure. Moved, seconded, carried (Worthington/Maio) to commend the consultant on his work.

 

46.       Solar Energy as a Resource for the Berkeley Community - Bay Area Solar Consortium

            Contact:  Stephen Barton, Housing, 981-5400

Action:  Heard presentation.

 

Action Calendar

 

Appeals:

 

47.       Zoning Appeal of Use Permit 99-10000100 - 1825 Berkeley Way
a.            Appeal filed by Stephen Wollmer, John D. Niles and Carole E. Newlands, and Sherry Seethaler
of the Zoning Adjustments Board decision of November 27, 2000 which approved the following Use Permits:  to allow the construction of a single family dwelling; and to allow a second main building to be located within four feet, eight inches (4'8") of the rear property line where normally the required rear yard setback would be fifteen feet (15').
b.            City Manager Report
Recommendation: 
Adopt a Resolution denying the appeals and upholding the decision of the Zoning Adjustments Board to approve a Use Permit to allow construction of a new dwelling at 1825 Berkeley Way.

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

            c.            Communications

            1.  Jeff Blaney

            2.  Stephen Wollmer

            3.  John D. Niles

            Contact:  Sherry Kelly, City Clerk, 981-6900

Action:  Moved, seconded, carried (Olds/Maio; Absent - Worthington) to set the matter for public hearing.  Hearing scheduled for May 22, 2001.


Priority:

 

48.       1301 Oxford Street - Temple Beth El Project

            From:  City Manager

Recommendation:  1) Certify the decision of the Zoning Adjustments Board pursuant to Berkeley Municipal Code Section 23B32.090 (Zoning Ordinance), appeal the decision of the Landmarks Preservation Commission pursuant to Berkeley Municipal Code Section 3.24.300A (Landmarks Preservation Ordinance), and set both matters for public hearing; and 2) waive the Council's rules and hold public hearings as needed for consideration of this project.

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

Action:  Moved, seconded, carried (Maio/Armstrong) to defer action to the meeting of  April 24, 2001; to authorize the City Manager to arrange for mediation sessions between the neighborhood and representatives of Beth El; and to direct the City Manager to present a schedule for public hearings and other council actions at the meeting of April 24th which would allow for completion of public hearings and council decision before the Council recess.

 

Old Business:

 

49.       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)

            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

Action:  Held over to May 8, 2001.

 

50.       Henry Pancoast Traffic Diverter Project (removed from the Consent Calendar by Mayor Dean and held over from 3/27)

            From:  City Manager

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

            Contact:  Rene Cardinaux, Public Works, 981-6300

            Action:  Moved to Consent Calendar by Mayor Dean and adopted Resolution No. 61,031-N.S.  The Mayor stated for the record that she had removed the item from the Consent Calendar on March 27 because she had heard that there was not consensus in the neighborhood for the project but has since heard that it has received the necessary votes.  Councilmember Spring stated for the record that 40 were in support of this proposal and 26 were in support of another option.

 

51.       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

            Action:  Held over to May 8, 2001.

 

52.       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.

            Action:  Held over to May 8, 2001.

53.       Application:  New Housing Incentive Program (HIP) (moved from Information Reports to Action Calendar by Councilmember Spring and held over from 3/27)

            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

            Action:  Held over to May 8, 2001.

 

54.       Regional Appointments/Special Assignments (from 2/13)

            From:  City Manager

            Recommendation:  Adopt a Resolution designating members of the Council to serve as appointees to regional bodies and/or on special assignments.

            Contact:  Sherry Kelly, City Clerk, 981-6900

            Action:  Withdrawn by the City Manager.

 

55.       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

            Action:  Held over to May 8, 2001.

 

56.       Task Force on Citywide Transit Pass (removed from the Consent Calendar by Councilmember Hawley and held over from 3/20)

            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

            Action:  Held over to May 8, 2001.

 

57.       Low and Moderate Income Housing Projects (removed from the Consent Calendar by Councilmember Spring and held over from 3/27)

            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

            Action:  Held over to May 8, 2001.

  

58.       Sunshine Ordinance (removed from the Consent Calendar by Councilmember Armstrong and held over from 3/27)

            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

            Action:  Held over to May 8, 2001.

 

59.       Budget Referral:  Funds for Peace and Justice Commission (removed from the Consent Calendar by Councilmember Hawley and held over from 3/27)

            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

            Action:  Held over to May 8, 2001.

 

New Business:

 

60.       Rule Against Ex-Parte Contacts (CR# 187-00)

            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

Action:  Held over to May 8, 2001.

 

61.       Sidewalk Benches and Planters, Encroachments

            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

            Action:  Held over to May 8, 2001.

 

62.       David Brower Center

            From:  Councilmembers Maio and Spring

Recommendation:  Direct the Planning Commission to include the David Brower Center as a preferred use at the Oxford Lot, adding it to our stated preferences for affordable housing and space for the arts.

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

Action:  Moved, seconded, carried (Maio/Worthington) to approve the revised recommendation and to direct the Planning Commission to consider retail activity and an art gallery for the ground floor; replacement of parking and to ensure that the site planning process includes a careful examination of the potential costs and trade-offs between preferred uses that may result from inclusion of all three preferred uses at this site.

 

63.       Small Cab Companies

            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:  There has been insufficient time to consider the implications of the recommendations, especially the budget impact.  Request no action be taken until there is opportunity to respond at the meeting of June 12, 2001.

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

Action:  Heard from Commission on Aging.  Moved  the City Managerís recommendation to Consent Calendar by Councilmember Worthington with a request that the report be brought back on May 8, 2001.

 

64.       Taxi Scrip Allotment and Cab Company Provisions

            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) all taxi scrip riders be informed clearly in writing of the "partial payment" procedures which appear to have been started with the issuance of ten free books; 3) 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; 4) the Commission on Aging requests a copy of such letter, if it has already been mailed, and copies of any subsequent mailings to taxi scrip users; 5) 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) 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

a.            City Manager Report

Recommendation:  There has been insufficient time to consider the implications of the recommendations, especially the budget impact; request no action be taken until the City Manager has an opportunity to respond at the meeting of June 12, 2001.

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

Action:  Heard from Commission on Aging.  Moved the City Managerís recommendation to Consent Calendar by Councilmember Worthington with a request that the report come back to the Council on May 8, 2001.

 

65.       Boycott of Philip Morris Products

            From:  Commission on Aging

Recommendation:  Adopt a Resolution establishing a policy prohibiting contracts for personal services with Philip Morris and its subsidiaries, and prohibiting the purchase of commodities produced by Philip Morris and its subsidiaries.

Contact:  Lisa Ploss, Secretary, 644-6050

a.            City Manager Report

Recommendation:  There has been insufficient time to consider the implications of the recommendations; request no action be taken until City Manager has the opportunity to respond at the meeting of May 15, 2001

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

Action:  Moved to Consent Calendar by Councilmember Worthington to approve the City Manager's recommendation.

 

66.       Potentially Environmentally Risky Businesses in the East Bay

            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

            Action:  Held over to May 8, 2001.

  

67.       Peace and Justice Film Festival

            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

Action:  Held over to May 8, 2001.

 

68.       Development in the MU-LI (Mixed Use-Light Industrial) District

            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

Action:  Held over to April 24, 2001.

 

69.       Nighttime Outdoor Lighting

            From:  Parks and Recreation Commission

Recommendation:  Direct the City Manager to assign appropriate staff to review existing municipal ordinances and draft an appropriate nighttime outdoor lighting ordinance for the City based on the parameters outlined in the report.

Contact:  Jay Kelekian, Secretary, 981-6707

a.            City Manager Report

Recommendation:  The recommendations contained in this report affect budget and/or other programs.  Take no action until these matters have been considered and a report can be submitted for Council at the meeting of July 10, 2001.

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

Action:  Moved to Consent Calendar by Councilmember Worthington to approve the City Manager's recommendation.

 

 

Information Reports

 

70.       Repair of Tamalpais Path (CR# 13-01)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 981-6300

            Action:  Received and filed.

 

71.       Zoning Amendments Status Report and Planning Commission's Prioritization of ZORS Referral List

            From:  City Manager

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

            Action:  Moved to the Action Calendar by Councilmember Armstrong and held over to May 8, 2001.

 

72.       Downtown Berkeley Association's Retail Development Strategy

            From:  City Manager

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Received and filed.

 

73.       Fiscal Year 2002 Civic Arts Grant Requests

            From:  City Manager

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Received and filed.

 

74.       Landmarks Preservation Commission Notice of Decision: 1301 Oxford Street, Byrne Mansion & Grounds, Congregation Beth El

            From:  City Manager

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

            Action:  Received and filed.

 

75.       Audit Activities for Third Quarter of Fiscal Year 2001

            From:  City Auditor

            Contact:  Ann-Marie Hogan, City Auditor, 981-6750

Action:  Received and filed.

 

Communications

 

Action:  The following communications were read, noted and filed, unless otherwise noted:

 

1.        Community Services United, regarding the Berkeley Flea Market.  Dean

 

2.         Ellen Mates-Bowden, regarding Girl Scouts and homeless.  Breland, Armstrong, Olds, Maio, Dean

 

3.         Emily H. Benner, regarding sewer at North Fork of Codornices Creek.  Hawley, Olds, Maio

 

4.         Robin Hipolito, regarding Paratransit System.  Breland, Worthington,

            Maio, Dean

 

5.         Leuren Moret, regarding health effects of low level radiation.Breland, Worthington, Dean

 

6.         Petition with eight signatures regarding draft General Plan Land Use Element, Open Space Policy.  Spring, Maio

 

7.         Jason Meggs, regarding police report and return of property.  Worthington, Maio, Dean

 

8.         Regarding East Bay Depot for Reuse  Breland

            a.  Irene Hegarty, Director, Community Relations, University of California Berkeley.

            b.  L. J. Belle

 

9.         Jason Meggs, regarding safety improvements for 2061 Allston Way garage.  Breland, Hawley, Spring, Olds, Dean

 

10.       Noa Weiss, Alon Orion, Yuval Orion, Itai Orion and Noam Orion, regarding American Soils property for Aquatic Park.

 

11.       Jason Meggs, regarding Public Works complicity in illegal destruction of property by police.

 

12.       Anne Marselis, regarding police incident (two letters).  Dean

 

13.       J. M. Herschel, regarding administrative changes to the preferential parking permit program.  Spring, Hawley, Maio, Spring

 

14.       Regarding trees on Shattuck Avenue.  Maio, Dean

            a.  Rebecca Jewell

            b.  Lewis Stiller, Ph.D.

 

15.       Jason Meggs, regarding safety of police officers and citizens.

 

16.       Regarding Beth El Project, 1301 Oxford Street  Breland

            a.  Debbie Leon

            b.  Howard and Nancy Mel

            c.  Revan Trantor

            d.  Helene Silverberg and Victoria Kahn

            e.  James Sinkinson

 

17.       Regarding Henry Pancoast Diverter Project.

            a.  Susannah Fiering

            b.  Katherine K. Robbins

            c.  Larry Manter

            d.  Jenifer Peale (two letters)

            e.  Karin Moore

            f.   Chloe and Haseeb Chaudhry

            g.  Henry Norr

            h.  Nancy Evans

            i.   Jessica Behrman (two letters)

            j.   Patricia M. Day

            k.  Kevin Cain

            l.   Nancy Evans, with 50 signatures

            m. Sahoko Tamagawa and William Gordon

            n.  Lisa and Ken Wahl

            o.  Claudia Smelser

           

18.       Co-workers and friends of Jayne Ash signed by 24 individuals, regarding pedestrian safety.  Spring, Worthington, Maio, Dean

 

19.       Jason Meggs, danger for bicyclists in Berkeley.  Worthington, Dean

 

20.       Rachel A. Rupert, Chief Executive Officer, Berkeley Chamber of Commerce, regarding Special Loan Funds.  Maio

 

21.       John Gutierrez, regarding MU/LI Moratorium  Olds, Maio

 

22.       Richard Nelson, SUNARC Structures, regarding California Energy Crisis  Worthington, Maio (refer item to the Energy Commission)

 

23.       Merrilie Mitchell, regarding Community Development Block Grants

 

24.       Merrilie Mitchell, regarding Sunshine Ordinance

 

25.       Jason Meggs, regarding the Homeless Human and Civil Rights Resolution.

 

25a.     Letter received at the Council meeting from Steve White Ė Spring

 

 

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

 

Item 2 - Minutes for Approval

26.     Weldon Rucker, City Manager, revisions to minutes of March 20, 2001.

 

Item 31 - Policy Encouraging Use of Renewable Energy Sources

27.      Johanna Sedman  Breland, Worthington


Item 34 - Compassionate Treatment of Homeless

28.      Paul Penninger, Berkeley Homeless Commission

29.      Tom Johnson, Groundskeeper at the Vedanta Society of Berkeley

 

Item 39 - Safe Routes to School

30.      Wendy Alfsen, Walk & Roll Berkeley  Worthington


Item 45 - Transportation Demand Management (TDM) Study

31.       Deborah Bodhia, Executive Director, Downtown Berkeley Association 

 

Item 48 - 1301 Oxford Street - Temple Beth El Project

32.       Lisa Viani for Urban Creeks Council; Carla Koop for Friends of Five Creeks; Alan Gould for Live Oak Codornices Creek Neighborhood Association; Mary Houghteling for International Rivers Network; Jacqueline A. Smalley for Golden Gate Audubon Society, Conservation Committee; Jeffrey for Alameda Creeks Alliance; Peter Galvin for Center for Biological Diversity; Toni Loveland for Sierra Club, San Francisco Bay Chapter; Karl Linn for Berkeley Eco House; Daniel Miller for Berkeley Community Gardening Collaborative; Richard Register for Eco City Builders; Janet Calih for California Oak Foundation; appeal of the decision of the Zoning Adjustments Board on March 8, 2001.

33.       Alexander George

34.       Richard Wesell, Live Oak Codornices Creek Neighborhood Association

35.       Susan Schwartz

36.       Cy H. Silver

37.       Becky Osborn-Coolidge

38.       Claire George

39.       Fred Bauman

40.       Charlotte Lagarde

41.       Carol Connolly

42.       Lisa Denker

43.       Carl Anthony and Karl Linn

 

Item 50 - Henry Pancoast Traffic Diverter Project

44.       Jessica Behrman

45.       Jean Tepperman

 

Item 60 - Rule Against Ex-Parte Contacts

46.       Rhiannon

 

Item 62 - David Brower Center

47.       Susan Graubard Archuletta

48.       Dan Sawislak, Executive Director, Resources for Community Development  Worthington

49.       Robbin Henderson, Director, Berkeley Art Center  Worthington

50.       Councilmember Maio, information regarding the David Brower Center

51.       Patrick Dooley, Artistic Director, Shotgun Players  Worthington

 

Item 68 - Development in the MU-LI (Mixed Use-Light Industrial) District

52.       Betty Hicks, Mary Ann McCamant, Tim Perry and Susan Wengraff, Planning Commissioners - Minority Report

53.       Maravis V. Peoples, Ed.D, Pastor, Liberty Hill Missionary Baptist Church

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

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

56.       Mary B. White

57.       Toni Loveland, Chairperson, Sierra Club, Northern Alameda County Regional Group

58.       L. Darlene Pratt

 

Item 72 - Downtown Berkeley Association's Retail Development Strategy

59.       Carrie Sprague

 

Adjournment

 

Actions:  Moved, seconded, carried (Shirek/Olds; Absent - Maio) to extend the meeting to 11:30 p.m. to complete specific items.  Moved, seconded, carried (Maio/Worthington) to suspend the rules to continue the meeting to complete specific items.  The meeting adjourned at 12:05 a.m.


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