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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, JULY 10, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m. All present.

 

Ceremonial Matters: 

 

a. Proclamation Honoring Inoue Family for Donation in Memory of Junko Hosoda  
Action:  Presented proclamation.

 

Comments from the City Manager: 

 

Notification of upcoming business networking meeting on July 26, 2001 from 6:30 – 9:30 at the South Berkeley Senior Center.

 

Comments from the Public:  Ten speakers. City Manager was asked to respond to issues regarding rodent infestation and other maintenance problems in public housing units and convene a meeting with residents.  BUSD to be notified that their property is contributing to problem.  City Manager asked to respond to issues raised by Mr. Dobard regarding captioning and audiotapes of meetings.

 

Youth Forum:  No speakers.

 

Consent Calendar

 

Action:  Moved, seconded, carried (Olds/Shirek) to adopt the Consent Calendar 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. 61,153-N.S.  

 

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

Action:  Approved minutes.

          

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

Action:  Adopted Ordinance No. 6635-N.S.   Effective:  August 9, 2001.

 

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

Action:  Adopted Ordinance No. 6636-N.S.   Effective:  August 9, 2001.

 

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

Action:  Adopted Ordinance No. 6637-N.S.   Effective:  August 9, 2001.

            

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

Action:  Adopted Ordinance No. 6638-N.S.   Effective:  August 9, 2001.

 

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

Action:  Adopted Ordinance No. 6639-N.S.   Effective:  August 9, 2001.

        

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
Action:  Adopted Ordinance No. 6640-N.S.   Effective:  August 9, 2001.


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

Action:  Adopted Ordinance No. 6641-N.S.   Effective:  August 9, 2001.

      

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

Action:  Adopted Ordinance No. 6642-N.S.   Effective:  August 9, 2001.

           

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

Action:  Adopted Resolution No. 61,154-N.S.

      

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

Action:  Adopted Resolution No. 61,155-N.S.  


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

Action:  Adopted first reading of Ordinance. Second reading scheduled July 17, 2001.

  

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

Action:  Adopted Resolution No. 61,156-N.S.  

  

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

Action:  Removed from the Consent Calendar by Mayor Dean.  Moved, seconded, carried (Spring/Maio; Noes – Olds; Abstain - Hawley) to adopt Resolution No. 61,157-N.S. amended to state that the Resident Advisory Committee would assume the greater responsibilities in the future.  Councilmember Maio also asked that the scope of work  include efforts on seismic upgrade of soft story buildings.

            

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

Action:  Adopted Resolution No.61,158-N.S.

  

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

Action:  Adopted Resolution No. 61,159-N.S.  

         

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

Action:  Adopted Resolution No. 61,160-N.S.

 

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

Action:  Adopted Resolution No. 61,161-N.S.  

 

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

Action:  Adopted Resolution No. 61,162-N.S.  

 

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

Action:  Adopted first reading of an Ordinance. Second reading scheduled for July 17, 2001.

.            

22.

Marina Rules and Regulations

From:  City Manager

Recommendation:  Adopt first reading of an Ordinance 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

Action:  Adopted first reading of an Ordinance. Second reading scheduled for July 17, 2001.

  

23.

BART to ART Program for Downtown Berkeley

From:  Councilmembers Armstrong and Hawley

Recommendation:  Refer to the City Manager the creation of a 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
Action:  Removed from the Consent Calendar by Councilmember Spring.  Moved, seconded, carried (Armstrong/Hawley) to approve the recommendation revised as shown above and amended to eliminate reference to the City providing funding.  

  

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

Action: Approved recommendation.

 

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

Action:  Adopted Resolution No. 61,163-N.S.  

  

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

Action:   Approved recommendation amended by Councilmember Maio to refer to the City Manager and the Energy Commission.

 

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

Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Worthington/Maio) to approve the recommendation amended by Councilmember Worthington indicating that this action was not to encourage or invite a crackdown on undocumented workers.

 

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 and refer to Transportation Commission. Priority should be highest.

Contact:  Shirley Dean, Mayor, 981-7100

Action: Approved recommendation for a status report on July 17, 2001 and amended by Councilmember Breland to also refer this to the Transportation Commission.

  

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

Action:  Approved recommendation. Councilmember Spring requested report on how the program works.

  

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

Action: Approved recommendation.  Councilmember Maio stated for the record that this is already being worked on by the Youth Energy Services.

 

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

Action:  Withdrawn by Mayor Dean  

          

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

Action: Combined with Item 33 and approved recommendation.

          

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

Action: Combined with Item 32 and approved recommendation.

 

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

Action:  Combined with Item 35 and adopted Resolution No. 61,164-N.S.  

 

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

Action: Combined with Item 34 and adopted Resolution No. 61,164-N.S.  

          

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

Action: Approved recommendation revised by Councilmember Spring to refer to the City Manager the urgent request for restriping the faded bicycle lanes on the designated bicycle boulevards and request a status report on its implementation.

  

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

Action: Approved recommendation. (Abstain – Armstrong, Dean). Mayor Dean stated for the record that this is in important exhibit but could not vote for it because it gives her the willies.

  

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

Action: Approved recommendation. (Abstain – Armstrong, Dean). Mayor Dean stated for the record that this is in important exhibit but could not vote for it because it gives her the willies.

            

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 (from 2:00 – 6:00 pm), 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 subject to obtaining a permit; 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

Action:  Removed from Consent Calendar by Councilmember Hawley. Moved, seconded, carried (Worthington/Maio; Noes – Hawley; Abstain – Armstrong; Absent - Olds) to adopt Resolution No. 61,165-N.S. revised by Councilmember Worthington to eliminate allowing permission to remain in the park all night and amending the waiver of fees subject to obtaining a permit.  

  

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

Action: Approved recommendation amended by Councilmember Maio to also refer to the Energy Commission.

 

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

Action:  Approved recommendation.

 

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 (Corporate Fuel Economy) standards.

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

Action:  Adopted Resolution No. 61,166-N.S.  

 

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: Removed from the Consent Calendar by Mayor Dean. Consensus by the City Council to take no position.  

           

 

Action Calendar

  

Presentation:

  

43.

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

Actions:  Moved, seconded, and carried (Worthington/Armstrong) to adopt Resolution No.   61,167-N.S. amended by Mayor Dean to include as a condition of the loan that the City Manager would assign a staff member to work with the Library in consultation for purposes of completing this project. 

 

Moved, seconded, carried (Spring/Breland) that the City Manager direct the City Attorney to draft charter amendment language that would give the City more flexibility in awarding contracts both related to low bidder and hiring Berkeley first.

     

Public Hearing:

  

44.

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

           
Public Testimony: The mayor opened the public hearing. One speaker heard. Moved, seconded, carried (Olds/Shirek) to close the public hearing.

           

Action:  After tabulation of the vote, showing a majority in support for the establishment of the district and assessment. Moved, seconded, carried (Spring/Worthington) to adopt Resolution No. 61,168-N.S.

 

Old Business:

    

45.

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.

Action: Moved, seconded, carried (Worthington/Spring; Noes – Olds, Dean) a revised recommendation by Councilmembers Breland and Hawley that refers to the City Manager, the Housing Advisory Commission, the Planning Commission and the Zoning Adjustments Board, proposals for encouraging the development of low-income and moderate rate housing and asks for a report before the end of the calendar year with a recommendation for implementation.  

 

46.

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

Action:  Moved, seconded, carried (Worthington/Maio) to approve the recommendation amended to involve the League of Women Voters and other community resources or individuals and groups  actively interested in this issue at the City Manager’s discretion. 

 

47.

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

Action:  Moved to the Consent Calendar by Mayor Dean the Commission’s recommendation with the understanding that this is meant to address those businesses that have received multiple citations for violations such as refineries.

  

48.

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

 

Actions: Moved, seconded, failed (Worthington/Spring; Noes – Armstrong, Hawley, Olds, Dean; Abstain - Shirek) a main motion to make the following appointments:

Alameda County Waste Management Authority – Spring, Maio - Alternate

Joint Powers Authority Lead Abatement – Olds, Spring - Alternate         

TriP Policy Steering Committee – Hawley, Dean

Council/School Board 2x2 Committee – Dean, Maio

Alameda County Congestion Management Agency – Worthington, Breland – Alternate

League of California Cities, East Bay Division –Hawley

3x3 Joint Task Force on Housing – Breland, Maio, Spring

San Francisco Bay Area Water Transit Authority Community Advisory Board - Worthington


Moved, seconded, failed (Armstrong/Olds; Noes – Breland, Maio, Spring, Worthington; Abstain – Shirek) to make the following appointments:

 

Alameda County Waste Management Authority – Spring, Maio - Alternate

Joint Powers Authority Lead Abatement – Olds, Spring - Alternate         

TriP Policy Steering Committee – Hawley, Dean

Council/School Board 2x2 Committee – Dean, Maio

Alameda County Congestion Management Agency – Worthington, Breland – Alternate

League of California Cities, East Bay Division –Hawley

3x3 Joint Task Force on Housing – Breland, Maio, Spring

San Francisco Bay Area Water Transit Authority Community Advisory Board - Dean

 

Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 61,169-N.S. making the following appointments:

 

Alameda County Waste Management Authority – Spring, Maio - Alternate

Joint Powers Authority Lead Abatement – Olds, Spring - Alternate         

TriP Policy Steering Committee – Hawley, Dean

Council/School Board 2x2 Committee – Dean, Maio

Alameda County Congestion Management Agency – Worthington, Breland – Alternate

League of California Cities, East Bay Division –Worthington

3x3 Joint Task Force on Housing – Breland, Maio, Spring

  

49.

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

Action:  Moved, seconded, carried (Worthington/Spring) to refer to the Transportation Commission.  

 

50.

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

Action:   Moved, seconded, carried (Spring/Maio; Abstain – Olds, Dean) to adopt first reading of an Ordinance. Second reading scheduled for July 17, 2001.  

           

51.

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

Action:   Moved, seconded, carried (Worthington/Spring) to approve recommendation.

 

52.

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

Action:   Moved to the Consent Calendar by Councilmember Armstrong.  Adopted first reading of an Ordinance. Second reading scheduled for July 17, 2001.

  

53.

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

Action:  No action taken.

  

54.

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

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

  

55.

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

a. City Manager Report

Recommendation:  Concurs with the recommendation of the Commission.

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

Action: Moved to the Consent Calendar by Councilmember Worthingto amended to add “encourage any spending toward bus transit mode be coordinated to keep open options for light rail as much as possible and adopted Resolution No. 61,170-N.S.

56.

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

Action:  Moved, seconded, carried (Spring/Worthington) to refer to the City Manager to come back to the Council with recommendations that might include a recommendation for a nexus study.

 

57.

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

Action:   No action taken as Mayor Dean pointed out this was already ready referred to staff and is being worked on.  

 

New Business:

   

58.

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

Action:  Heard presentation.  Moved, seconded, carried (Hawley/Maio) to approve the City Manager’s recommendation and to make a statement that the Bill of Rights should be considered goals for the City.

 

59.

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

Action:  Moved to the Consent Calendar by Councilmember Worthington amended to accept a donation of $500 to be directed to this effort and adopted Resolution No. 61,171-N.S.

 

Information Reports

   

60.

Notice of Decision:  Ralph White House, 1841 Marin Avenue (to be delivered)

From:  City Manager

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

Action: Received and filed.

 

61.

Support Berkeley Youth Energy Services Program

From:  Commission on Aging

Contact:  Lisa Ploss, Secretary, 644-6050

Action: Received and filed.

 

Communications

 

Council rules limit action on Communications to referral to the City Manager and/or Boards

and Commissions for investigation and/or recommendations.

 

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

   

Page No.
1. Letter signed by twenty persons regarding transportation and parking.  Spring, Hawley
2. Don Ross regarding Public Safety Building Communications Tower.  Spring, Dean  
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  Spring, Dean

            b)  L.A. Wood  Spring, Dean  

5. Arlene Merryman, regarding dangerous intersection at Rose/Shattuck.  Hawley, Maio, Dean  
6. William A. Reinsch, President, National Foreign Trade Council, regarding municipal trade sanctions.  Dean  
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.  Worthington, Dean
9. Carol Willoughby, Chairperson, Human Welfare and Community Action Commission, regarding the manner in which the CSBG/General funding process was conducted.  Spring, Dean  
10. Rita Wilson, regarding potential condemnation of Israel.  
11. Susan Anthony, regarding acquisition of American Soils property for park use. Maio  
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.  Spring, Worthington, Hawley
14. Elizabeth Edinger, regarding Customer Service Center at 2020 Center Street. Maio
15. Howie and Connie Muir, regarding project at 2700 San Pablo Avenue.  Worthington  
16. L.A. Wood, regarding California Environmental Quality Act review for Harrison Soccer and Skate Park Facility.  Spring, Dean  
   

Supplemental Communications and Reports

   
17.

Item 23 - BART to ART Program for Downtown Berkeley

Councilmembers Armstrong and Hawley, Revised Report

18.

Item 31 - Support in Principle for the Draft Compact for a Sustainable Bay Area

Howie & Connie Muir

19.

Item 34 - Support Free Bus Passes for Low-Income Middle and High School Students

Wendy Alfsen, Coordinator, Walk & Roll Berkeley Breland  

20.

Item 36 - Funds for Restriping Bicycle Lanes

Councilmember Dona Spring, Revised Recommendation

21.

Item 39 - Solar Outdoor Lighting

Mayor Shirley Dean, Additional Information

22.

Item 55 - Transit Major Investment Study

Seth Schneider, Project Manager, Transportation Choices Forum Breland

 

Adjournment

 

Action:  Moved, seconded, carried (Worthington/Spring) to extend the meeting until 11: 15 p.m.

to complete the agenda.           

 

The meeting adjourned at 11:15 p.m.

 


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