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REGULAR
BERKELEY CITY COUNCIL MEETING
TUESDAY, APRIL 11, 2000
SUMMARY
Preliminary
Matters
Roll
Call: 7:01
p.m., Mayor Dean absent.
Ceremonial
Matters: Proclamations
a. David Blake and Omar Baltan, Retired
Zoning Adjustment Board
b. National TV Turnoff Week/Berkeley Kids Read
Action:
Presented proclamations.
Comments
From The City Manager:
Comments
From The Public: Sixteen
speakers.
Consent
Calendar
Action:
Moved, seconded,
carried (Breland/Maio; Absent - Dean) to approve the Consent Calendar in
one motion except as indicated.
1.
Minutes for Approval
From: City Manager
Recommendation: Approve
the minutes for Council meetings of:
a) March 14, 2000 (closed); b) March 14, 2000 (regular); and c)
March 21, 2000 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved
minutes.
2. Updating Board and Commission
Rights and Obligation
From: City Manager
Recommendation: Adopt
a Resolution reaffirming the rights and certain obligations for all
boards, commissions and committees and rescinding Resolution No.
53,075-N.S. and all amending resolutions.
Contact: Sherry M. Kelly,
City Clerk, 644-6480
Action: Adopted
Resolution No. 60,504-N.S.
3. Conveyance of Property: 1810 Grant Street (first reading vote – Noes –
Breland, Worthington; Abstain – Maio, Spring) (to be delivered)
From: City Manager
Recommendation: Adopt
the second reading of an Ordinance accepting a quitclaim deed from BART
for Ohlone Park, including the property located at 1810 Grant Street; and
authorizing the City Manager to convey the property at 1810 Grant Street
for either $115,000 or $125,000, depending on inclusion of deed
restriction, to Nancy Salgado and Leigh Ziprin.
Contact: Lisa Caronna, Parks
& Waterfront, 644-6970, x222
Action: Removed from
the Consent Calendar by the City Manager and held over to May 9, 2000.
4. Safety Members Pension Fund Board
Membership (first reading vote – Ayes:
unanimous)
From: City Manager
Recommendation: Adopt
the second reading of Ordinance amending Berkeley Municipal Code (BMC)
Sections 4.20.030, 4.24.030 and 4.28.030, to change the membership of the
Safety Members Pension Board (“Board”) to consist of five employees,
two employees appointed by the City Manager, and the Fire Chief, Police
Chief and Finance Director and/or their respective designees.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
Action: Adopt
Ordinance No. 6533-N.S.. Effective
May 11, 2000.
5.
Revised Commission Stipend Resolution
From: City Manager
Recommendation: Adopt
a Resolution which reflects previously authorized: 1) reimbursements in
lieu of actual expenses paid or incurred by members of certain boards,
commissions, committees; 2) payments of actual expenses under certain
terms and conditions; and 3) rescinds Resolution No. 47,721-N.S. (known as
the Stipend Resolution) and all amendments.
Contact: Sherry M. Kelly,
City Clerk, 644-6480
Action: Adopted
Resolution No. 60,505-N.S.
6. Purchase Order:
Safety Equipment
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to amend the open purchase order
with L. N. Curtis by increasing the amount by $15,000 for a total not to
exceed $40,000 for replacement safety equipment in the Fire Department.
Contact: Reginald Garcia,
Fire Department, 644-6665
Action: Adopted
Resolution No. 60,506-N.S.
7. Contract:
Security Service
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to amend the contract with ABC
Security to add $60,000 to the authorized amount and add the Transfer
Station as an additional site.
Contact: Rene Cardinaux,
644-6506
Action: Adopted
Resolution No. 60,507-N.S.
8. Street Lighting Assessment
District No. 1982-1
From: City Manager
Recommendation: Adopt
a Resolution re-appointing engineer of record, John H. Heindel, Consulting
Civil Engineer, for assistance in the preparation and filing of a report
for levy of annual assessments for the City of Berkeley Street Lighting
Assessment District No. 1982-1.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted
Resolution No. 60,508-N.S.
9. Contract:
On-call Traffic Consulting Services
From: City Manager
Recommendation: Adopt
a Resolution authorizing the City Manager to amend the existing contract
with TJKM Transportation Consultants for on-call traffic consulting
services by increasing the contract amount by $28,000 for a total not to
exceed $50,000 for the period January 2000 through December 31, 2000.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted
Resolution No. 60,509-N.S.
10. Truck Route System
From: City Manager
Recommendation: Adopt
first reading of an Ordinance amending Berkeley Municipal Code (BMC) 14.56
by adding Section 14.56.060 to designate a truck route system within the
City.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted first
reading of an Ordinance. Second
reading scheduled for May 9, 2000.
11. Semi-Diverter on Prince Street
From: City Manager
Recommendation: Adopt
a Resolution approving the removal of the semi-diverter on the south side
of Prince Street from just west of Halcyon Court and approving the
construction of a new semi-diverter located on the south side of Prince
Street just east of Deakin Street.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted
Resolution No. 60,510-N.S.
12. Downtown Public Improvements (to
be delivered)
From: City Manager
Recommendation: Adopt
a Resolution approving plans and specifications for the Downtown Public
Improvements Project, accepting the bid of Bauman Landscape, Inc., and
authorizing the City Manager to execute a contract and any amendments in
an amount not to exceed $2,031,700 for a period of 240 calendar days.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted
Resolution No. 60,511-N.S. (Noes – Worthington; Abstain – Spring)
13. Grant:
High Collision Identification and Analysis
From: City Manager
Recommendation: Adopt
a Resolution accepting additional funding in an amount up to $17,700 from
the California Office of Traffic Safety for the City's grant project
consisting of High Collision Identification and Analysis.
Contact: Rene Cardinaux,
Public Works, 644-6506
Action: Adopted
Resolution No. 60,512-N.S.
14. Grant:
Safe Routes to School
From: City Manager
Recommendation: Adopt
a Resolution authorizing the submission of grant applications to Caltrans
for Safe Routes to School funds for four projects and for sub-sets of
these projects; and authorizing the City Manager to execute any resultant
agreements and amendments.
Contact: Wendy Cosin,
Planning and Development, 705-8102
Action: Adopted
Resolution No. 60,513-N.S. Councilmember
Worthington requested that staff keep residents in the area informed and
notify them before installation of any stop lights.
15. Right of Way Acquisition - 901
Ashby Avenue and 840 Ashby Avenue
From: City Manager
Recommendation: Adopt
an Urgency Ordinance authorizing the City Manager to make purchase offers
and enter into contracts for the acquisition of right-of-way at 901 Ashby
Avenue and 840 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 Manager
Action: Adopted
Urgency Ordinance No. 6534 N.S.
Effective immediately.
16. Timetable for FY2001 Mid-Biennial
Budget Review
From: City Manager
Recommendation: Approve
the proposed timetable to guide the FY2001 Mid-Biennial Budget Review
Process.
Contact: Paul Navazio, Budget
Manager, 644-6580
Action: Approved
recommendation.
17. Contract:
Voice Mail Services (to be delivered)
From: City Manager
Recommendation: Authorize
the City Manager to enter into a contract and any amendments with Pacific
Bell Information Services for continuation of limited voice mail and call
router services for one year in an amount not to exceed $70,000.
Contract: Fran David,
Finance, 665-7401
Action: Adopted
Resolution No. 60,514-N.S.
18. Not Used.
19. Universal Health Care
From: Mayor Dean
Recommendation: Join
the U2K Campaign for Universal Health Care as an Endorser, and direct the
City Clerk to complete and forward the organizational form.
Contact: Barbara Gilbert,
Mayor’s Assistant, 644-6484
Action: Approved
recommendation.
20. Rent Eviction Protection Ballot
Measure
From: Councilmembers
Worthington, Breland, Maio and Spring
Recommendation: Refer
to the City Manager, Rent Stabilization Board, Commission on Aging,
Housing Advisory Commission, and Commission on Disability for review and
recommendations on a ballot measure for November 2000 that will
protect seniors and the disabled community from abuse of owner move-in
eviction by amending BMC Chapter 13.76.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398; Margaret Breland, Councilmember
District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359; and
Dona Spring, Councilmember District 4, 644-6266
Action: Approved
recommendation amended by Councilmember Worthington to also refer issues
related to Section 8 tenants.
21. U.S. Navy Withdrawal from Vieques,
Puerto Rico
From: Councilmember
Worthington
Recommendation: Adopt
a Resolution supporting the withdrawal from Vieques, Puerto Rico.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action: Adopted
Resolution No. 60,515-N.S. (Abstain
– Armstrong)
22. Advocates
for Public Schools
From: Councilmembers
Worthington, Maio and Breland
Recommendation: Adopt
a Resolution supporting Advocates for Public Schools – A Covenant With
Our Children.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1,
644-6359; Margaret Breland, Councilmember District 2, 644-6400.
Action: Adopted
Resolution No. 60,516-N.S.
23. Oppose:
Senate Concurrent Resolution 67 (SCR 67) – Eastern Span of Bay
Bridge
From: Councilmember
Worthington
Recommendation: Oppose
Senate Concurrent Resolution 67 (Rainey), which urges completion of the
design and construction of a new eastern span of the Bay Bridge and direct
the City Clerk to send a letter of opposition for SCR 67 to Senator Perata.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action: Approved
recommendation.
24. Fee Waiver:
Pro Arts Open Studios Event
From: Councilmember
Worthington
Recommendation: Waive
all fees, including use of the West Berkeley Senior Center (including
courtyard and some side rooms) on the weekends of June 3 through 4 and
June 10 through June 11; and allow an exemption to Berkeley Municipal Code
(BMC) Section 20.24.040, allowing a banner to be hung near the center to
advertise this event; and allow the
artists to set up their displays the Friday before each event.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action:
Adopted Resolution No.
60,517-N.S.
25. Fee Waiver:
Tibet Heritage Day
From: Councilmember
Worthington
Recommendation: Waive
the fees for the auditorium and use of chairs for the Veterans Building
for Tibet Heritage Day to be held Saturday, April 22, from 4:00 p.m. to
9:00 p.m. and for Tibet’s Independence 2000 California March to be held
April 25, and allow the Tibetan Flag to be flown on April 25 to show
Berkeley’s commitment.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action: Adopted
Resolution No. 60,518-N.S.
26. City Council Meeting
Accommodations for the Disabled
From: Councilmember
Worthington
Recommendation: That
the City and the School District (BUSD) promptly make accommodations to
ensure disabled access to City Council meetings.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action: Approved
recommendation.
27. Public Safety Building Tower
From: Councilmember Spring
Recommendation: Request
a report on alternatives to the current location of the Public Safety
Building tower by May 9 and set this issue for a public hearing on May 16
to be heard as the first or second item.
Contact: Dona Spring,
Councilmember District 4, 644-6266
Action: Approved
recommendation amended by Councilmember Armstrong to also request costs
associated with alternatives. Public
Hearing scheduled for May 16, 2000.
28. Removal of an Illegally Bolted
News Rack
From: Councilmember Spring
Recommendation: Request
the City Manager remove the bolts from the SF Examiner news rack that is
illegally bolted/cemented to the sidewalk at the southwest corner of Cedar
and Shattuck and that the amended sidewalk ordinance come before the
Council for approval in May.
Contact: Dona Spring,
District 4, 644-6266
Action: Approved
recommendation revised by Councilmember Spring to refer the matter to the
City Manager.
29. Fee Waiver:
Downtown Events
From: Councilmember Spring
Recommendation: Waive
the fees for the upcoming downtown musical events to be held on May 4, 6
and 11 and assist the Berkeley Arts Festival in securing permits.
Contact: Dona Spring,
District 4, 644-6266
Action: Adopted
Resolution No. 60,519-N.S.
30. Civic Center Building Addition
Bond Measure
From: Councilmember Spring
Recommendation: Refer
a request to the City Manager to explore the fiscal impact on residents of
an $8 million bond measure on the November 2000 ballot to complete the
Civic Center Building process by building an addition with parking, in the
location of the current Hall of Justice building, to replace lost space
due to the Civic Center retrofit.
Contact: Dona Spring,
Councilmember District 4, 644-6266
Action: Removed from
the Consent Calendar by Councilmember Armstrong and held over to May 9,
2000.
31. No Smoking in Tot Lots
From: Councilmember Spring
Recommendation: Refer
to the City Attorney a request to amend the Smoking Ordinance to prohibit
smoking in tot lots; and request that the City Manager post tot lots with
“No Smoking Allowed Signs”.
Contact: Dona Spring,
Councilmember District 4, 644-6266
Action: Approved
recommendation.
32. Safety Members' Pension Fund
Audit
From: City Auditor
Recommendation: Accept
the Safety Members' Pension Fund Audit Report for Fiscal Year ending June
30, 1999 and request the City Manager report on implementation of the
audit recommendations at the June 20, 2000 Council meeting.
Contact: Ann-Marie Hogan,
City Auditor, 644-6440
Action: Approved
recommendation.
33. Business License Tax Audit Report
From: City Auditor
Recommendation: 1)
Accept the Business License Tax Audit Report for FY 1999 and request the
City Manager implement the recommendations to increase business license
tax revenues and rationalize certain tax rate schedules; 2) direct the
City Manager to present to Council a proposed Business License Ordinance
correction for consideration in time for placement on the November ballot;
and 3) the City Manager report back to Council on the implementation
status of the balance of the report recommendations by February 28, 2001.
Contact: Ann-Marie Hogan,
City Auditor, 644-6440
Action: Approved
recommendation.
34. Bus Shelter Locations
From: Transportation
Commission
Recommendation: Approve
the 159 locations for bus shelters in Berkeley, subject to review of the
locations for engineering feasibility.
Contact: Nathan Landau,
Secretary, 705-8136
a. City Manager Report
Recommendation: Concurs
with the content and recommendations of the report.
Contact: Wendy Cosin,
Planning and Development, 705-8102
b. Councilmember Spring (removed
from Consent by Councilmember Spring and held over from February 15
meeting)
Recommendation: Request
the City Manager write a letter to AC Transit and Lamar Outdoor
Advertising requesting that shelters be erected at the 75 locations
requested by the Commissions on Aging and Disabilities and that the City
have input on the types of advertising allowed at bus shelters in
Berkeley.
Contact: Dona Spring,
Councilmember District 4, 644-6266
Action: Approved
recommendation amended by Councilmember Worthington with requests that: 1)
installation of shelters not block sidewalk access for wheelchairs or near
landmarked buildings; and 2)
the neighborhoods be made aware of these installations by notices being
posted in the locations where the bus shelters are to be installed; and
further amended by Councilmember Spring to: 1) request that Lamar Outdoor
Advertising be responsible for cleaning the graffiti on shelters; and 2)
if feasible, ISTEA monies be available for funding bus shelters on
Shattuck.
35. Parking on Willard Middle School
Ball Field
From: Parks and Recreation
Commission
Recommendation: Council
and the City Manager take the necessary steps to ensure that the Berkeley
Unified School District (BUSD)honors their previous commitment to avoid
all parking of vehicles on the ball field at Willard Middle School which
the City recently spent $153,000 to upgrade with lighting.
Contact: Jay Kelekian,
Secretary, 644-6952
a. City Manager Report
Recommendation: The
City Manager concurs with the Commission’s recommendation.
Contact: Lisa Caronna, Parks
and Waterfront, 644-6943 x222
Action: Approved
recommendation.
Presentation
36. Measure B, Alameda County
Transportation Sales Tax
From: City Manager
Recommendation: Hear a
presentation from the Alameda County Transportation Authority (ACTA)
concerning the proposed reauthorization of Alameda County's half cent
transportation sales tax, and at the conclusion adopt a Resolution
supporting the reauthorization of the tax to carry out the programs and
projects in the ACTA Twenty Year Transportation Expenditure Plan and
recommending to the Alameda County Board of Supervisors that it place a
proposition to reauthorize the sales tax on the November 2000 ballot.
Contact: Wendy Cosin,
Planning and Development, 705-8102
a. Transportation
Commission
Recommendation: Support
the reauthorization of Alameda County's half a cent transportation sales
tax (Measure B) to carry out the programs and projects set forth in the
Alameda County Transportation Authority's 20-year Transportation
Expenditure Plan.
Contact: Nathan Landau,
Secretary, 705-8136
Action: Moved to the Consent Calendar by Councilmember Armstrong
and adopted Resolution No. 60,520-N.S.
Public
Hearings
37.
FY2000-01 Community Development Block Grant (CDBG) and Emergency
Shelter Grant (ESG) Program
From: City Manager
Recommendation: Conduct
a public hearing and upon conclusion adopt a Resolution 1) approving the
City Manager's final funding recommendations and budget for the CDBG and
ESG programs and authorizing him to execute contracts with agencies
receiving funding and to make two-month advance payments to those
agencies; 2) allocating $105,000 in HOME monies to administer the HOME
Program; 3) expressing interest to allocate $45,000 to Berkeley Partners
for Parks from Proposition 12 monies to fund the BOLDR Wall in the play
area of San Pablo Park in FY2002; and 4) authorizing the City Manager to
submit the five-year Consolidated Plan to the U.S. Department of Housing
and Urban Development (HUD) which includes the applications for CDBG, ESG,
and HOME Program funding, and to execute the resultant agreements for the
FY2000-2001 CDBG, ESG and HOME funds.
Contact: Stephen Barton,
Housing, 665-3481
a. Housing Advisory
Commission
Recommendation: Approve
the Housing Advisory Commission (HAC) funding recommendations for the FY
2000-2001 CDBG and ESG Program as contained in Exhibit 1 of Attachment A
of the City Manager’s Report.
Contact: Oscar Sung,
Secretary, 644-6001
b. Addendum to Housing Advisory Commission recommendation
Recommendation: Amend
Housing Advisory Commission’s March 2, 2000 recommendation to:
a) allocate $205,000 to the Housing Trust Fund (HTF) from CDBG
funds previously recommended for the First-Time Homebuyer Program
($125,000) and the Rental Rehab Program ($80,000), and reserve $205,000 in
General Funds from the Housing Trust Fund Program for an anti-blight
program; and b) allocate $9,150 in ESG monies to Jubilee Restoration, Inc.
for installation of a Computer Center at 1125 Allston Way and reduce the
ESG allocation to Building Opportunities for Self-Sufficiency, Inc. (BOSS)
shelter improvement amount by $9,150 (from $71,850 to $62,700).
Contact: Oscar Sung,
Secretary, 644-6001
Public testimony:
Two speakers heard. Moved,
seconded, carried (Armstrong/Maio; Absent - Dean) to close the public
hearing.
Action: Moved,
seconded, carried (Armstrong/Breland; Absent – Dean) to adopt Resolution
No. 60,521-N.S. approving recommendations of the City Manager, the Housing
Advisory Commission, and the addendum.
38. Franchise Agreement - Wireless
Internet Service
From: City Manager
Recommendation: Conduct
a public hearing and upon conclusion adopt first reading of an Ordinance
granting a non-exclusive two-year franchise including a 7.5% of gross
revenue franchise fee to Metricom Inc. for the continued operation of a
wireless internet service throughout the City by using radio repeaters
attached to a maximum of one hundred streetlamp posts.
Contact: Chris Mead,
Information Systems, 665-7661
Public testimony:
No speakers. Moved,
seconded, carried (Maio/Armstrong; Absent - Dean) to close the public
hearing.
Action: Moved,
seconded, carried (Maio/Armstrong; Absent - Dean) to adopt first reading
of an Ordinance. Second
reading May 9, 2000.
39. Landmarks Preservation Appeal,
801 Grayson
a. Appeal filed by Richard
Thomas, Bayer Corporation of the Landmarks Preservation Commission
decision of March 6, 2000, designating structures at 801 Grayson, Old
Philadelphia Quartz Property, as Structures of Merit.
Contact: Sherry Kelly, City
Clerk, 644-6480
b. City Manager Report
(March 21, 2000)
Recommendation: Waive
the rules to allow discussion at the March 21, 2000 Council meeting of the
Landmarks Preservation Commission designation of 801 Grayson Street as a
Structure of Merit, and that the Council take action to set a public
hearing on the designation for April 11, 2000.
Contact: Wendy Cosin,
Planning and Development, 705-8102
c. City Manager Report
(April 11, 2000)
Recommendation: Conduct
a public hearing and upon conclusion adopt a Resolution determining that
the buildings at 801 Grayson Street are not eligible for a Structure of
Merit status and that the Council reverse the decision of the Landmarks
Preservation Commission to designate 801 Grayson Street as a City of
Berkeley Structure of Merit.
Contact: Wendy Cosin,
Planning and Development, 705-8102
d. Communication (April
11, 2000)
Wilson Wendt, Miller, Starr
& Regalia
Public testimony:
Nine speakers. Moved,
seconded, carried (Breland/Maio; Absent - Dean) to close the public
hearing.
Actions: Moved,
seconded, carried (Breland/Armstrong; Noes – Worthington; Abstain –
Woolley; Absent - Dean) to adopt Resolution No. 60,522-N.S. upholding the
appeal and overturning the decision of the Landmarks Preservation
Commission.
Moved, seconded, carried
(Armstrong/Spring; Abstain – Olds; Absent - Dean) requesting the
applicant continue to work with the Landmarks Preservation Subcommittee
through the zoning and design review process in an attempt to save as much
of the red brick building as possible.
Old
Business:
40. Minutes
for Approval (removed by
Mayor Dean at the March 14 Council meeting)
From: City Manager
Recommendation: Approve
the minutes for Council meetings of:
a) February 15, 2000 (regular) and b) February 22, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Held over to
May 9, 2000 at the request of Councilmember Worthington.
41. Berkeley Redevelopment Agency
Annual Report for Fiscal Year 1998-99 (Removed from Consent
Calendar by Mayor Dean. Held
over from March 21, March 28 and April 4, 2000)
From: City Manager
Recommendation: Adopt
a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report
for Fiscal Year 1998-99.
Contact: Wendy Cosin,
Planning, 705-8102
Action: Held over to
May 9, 2000 at the request of Councilmember Worthington.
42.
Conflict of Interest (CR99-140) (held
over from April 4, 2000)
From:
City Manager
Recommendation:
Direct the City Manager
to prepare an ordinance precluding service on any board or commission or
other City advisory body appointed by the Council if the body makes
recommendations which lead to the making of a contract with the appointee
or an entity for whom the appointee is an employee, officer, director or
managing agent.
Contact:
Manuela Albuquerque, City Attorney, 644-6380
Action: Held over to
May 9, 2000 at the request of the City Manager.
43. Commission Term Limits and Leave
of Absences (held over from April 4, 2000)
From: City Manager
Recommendation: Adopt
first reading of two ordinances amending: 1) Berkeley Municipal Code (BMC)
Section 3.02.030 to provide that any break in service of a commissioner
due to voluntary resignation within the last year of the commissioner’s
eight consecutive year term limit on the commission shall not be deemed to
interrupt the commissioner’s term of service for purposes of determining
the commissioner’s eight-year term limit; and Berkeley Municipal Code
(BMC) Section 3.02.040 to provide that commissioners may only take only
one leave of absence, for a fixed period of three months in any two-year
period, and only if the leave of absence is authorized by the appointing
authority no less than one month in advance of the first commission
meeting from which the commissioner seeks a leave of absence.
Contact: Manuela Albuquerque,
City Attorney, 644-6380
Actions: Held over to
May 9, 2000 at the request of the City Manager.
44. Purchase:
Microphone, Speaker(s) and Recording Device (removed from
the Consent Calendar by Councilmember Armstrong.
Held over from March 14, March 28 and April 4, 2000)
From: Councilmember
Worthington
Recommendation: Adopt
a Resolution authorizing the purchase of, or otherwise provide,
microphone, speaker(s) and recording devices to be used at the General
Plan meetings, Southside Plan meetings and other community meetings.
Contact: Kriss Worthington,
Councilmember District 7, 644-6398
Action: Moved,
seconded, carried (Armstrong/Worthington; Absent - Dean) to adopt
Resolution No. 60,523-N.S.
45. Council Subcommittee on City
Manager Evaluation (removed from the Consent Calendar by
Councilmember Maio. Held over from March 28 and April 4, 2000)
From: Mayor Dean
Recommendation: Appoint
Councilmember Olds to the Subcommittee for the City Manager Performance
Evaluation process.
Contact: Tamlyn Bright,
Mayor's Assistant, 644-6484
Action:
Held over to May 9,
2000 at the request of Councilmember Worthington.
46. Support S.B. 1995, Creation of a
Congestion Reduction Plan (removed
from the Consent Calendar by Councilmember Breland.
Held over from March 28 and April 4, 2000)
From: Mayor Dean
Recommendation: 1)
Support S.B. 1995 (Perata), which would require the Metropolitan
Transportation Commission to: a) prepare and adopt a comprehensive
congestion reduction plan, b) allocate transportation project funding to
projects which are consistent with the plan and to give first priority for
state and federal matching funds to those projects identified in the plan
as high priority, and c) require the MTC and the state Department of
Transportation (DOT) to prepare a plan for integrated transportation
system management; 2) support mechanisms to provide for greater MTC
rationality and accountability in decision making including:
the establishment of a nine-county Bay Area-wide transportation
convention every two years, concomitant with the two-year update of the
Regional Transportation Plan (RTP); and videotaping and broadcasting of
MTC meetings; and 3) notify Senator Perata and the City's Sacramento
lobbyist of the City's position.
Contact: Barbara Gilbert,
Mayor's Assistant, 644-6484
Action:
Moved, seconded,
carried (Worthington/Breland; Absent - Dean) to approve recommendations
No. 1 and No. 3. On the severed motion: (Noes – Breland; Abstain –
Maio; Absent – Dean) approved recommendation No. 2.
47. Annual Berkeley Transit Pass (held
over from April 4, 2000)
From: Mayor Dean
Recommendation: Establish
a temporary Task Force on a Citywide Transit Pass. This Task Force is to be composed of Mayor Dean and
Councilmember Armstrong, two members of the Transportation Commission, and
two members of the AC Transit Board of Directors, Miriam Hawley and one
other. The Task Force will be
charged with developing a proposal for an annual Citywide Transit Pass
which would allow Berkeley residents, and possibly those who work in
Berkeley, unlimited rides on AC Transit, including transbay service in the
same manner as UC Berkeley’s Class Pass.
The work of the Citywide Transit Pass Task Force is to be completed
in no more than one year, and the proposal developed by this group is to
be submitted to the Transportation Commission, and then to the City
Council for final approval.
Contact: Shirley Dean, Mayor,
644-6484
Action: Held over to
May 9, 2000 at the request of Councilmember Armstrong.
48. Contracts:
University of California (held over from March 14, March 28
and April 4, 2000)
From: Peace and Justice
Commission
Recommendation: Adopt
a Resolution 1) providing that all proposals to contract with entities
engaged in work for nuclear weapons, including any contracts between the
University of California Berkeley and the City which involve the provision
of revenue to the City, and the exchange of services without monetary
compensation, except for the nine contracts specifically enumerated in
Resolution No. 59,763-N.S., be subject to review by the Peace and Justice
Commission, or other appropriate commissions, prior to being noticed on
any Council agenda; and rescinding Resolution No. 59,779-N.S.; and 2)
authorizing the Peace and Justice Commission (a) to continue to review any
request for waiver of the Nuclear Free Berkeley Act for monetary contracts
with the University of California; (b) that such review occur at least
eight weeks prior to the time the contract is submitted to the Council, or
at the earliest time when the City Manager becomes aware that actions
being proposed will require a waiver of the Nuclear Free Berkeley Act; (c)
that copies of such proposed contracts be made available for inspection
and copying at a rate of no more then ten cents per page to any citizen
prior to the listing of such contract on the Council agenda; (d) that
notice of proposals to waive the Nuclear Free Berkeley Act be mailed free
of charge to any person having an address within this City who seeks such
notice by applying through the Office of the City Clerk; (e) such notice
should advise persons of the dollar amount of the proposal, what types of
services the proposed contract is for, the parties whom the contract is
with, the date the matter is due to be brought before the Council, and
that copies of the contract are available for inspection at the Office of
the City Clerk; and (f) that any contract approved without following the
above specified procedure shall be null and void.
Contact: Manuel Hector,
Secretary, 665-6880
a. City Manager Report
Recommendation: Take
no action until staff has a chance to review and comment on the report.
Staff will return to Council with an analysis and recommendation at
the meeting of May 9, 2000.
Contact: Fred Medrano, Health
and Human Services, 644-6459
Action: Held over to
May 9, 2000 at the request of Councilmember Worthington.
New Business
49. Aquatic Park Sound Barrier and
Living Wall (to be delivered)
From: City Manager
Recommendation: Receive
an update and report on Seismic Technical Advisory Group (STAG) findings,
preliminary revised construction cost estimate, the April 4th
action taken by the Alameda County Technical Advisory Committee (ACTAC)
and provide direction to staff prior to the April 27th Alameda
County Congestion Management Agency (CMA) meeting related to the Aquatic
Park Sound Barrier and Living Wall project.
Contact: Lisa Caronna, Parks
and Waterfront, 644-6943x222
Actions: Moved,
seconded, failed (Woolley/Armstrong; Noes – Breland, Maio, Spring,
Worthington; Absent - Dean) that the Council take a position that the City
worked very hard and long with Caltrans for a Living Wall and that the
City will not accept a standard concrete wall and would rather have no
wall at all rather than a standard wall.
Moved, seconded, carried
(Worthington/Spring; Absent - Dean) approving recommendations Nos. 1
through 3 and 5 through 8 as proposed by staff and eliminating
recommendation No. 4 and replacing it with the following : “the Council
will work closely with its
legislative delegates in its dealings with Caltrans”.
50. Measure O Funding
From: Independent Task
Force on Homelessness
Recommendations:
Adopt a Resolution authorizing the City Manager to execute
contracts and any amendments with certain community-based organizations
under the Preventive Services Initiative, Measure O, in an amount not to
exceed $46,500, and authorizing a two-month advance for each agency, and
to allocate $58,700 to replace the Social Service Transport vehicle and to
expand the program to include Friday service.
Contact: Jane Micallef,
Secretary, 644-8616
a. City Manager Report
Recommendation: The
recommendations contained in this report recommend the addition of
$105,200 of General Funds that are not included in the budget. It is recommended that this request be referred to the FY2000
and FY2001 mid-budget review, which commences on May 9, 2000.
Contact: Fred Medrano, Health
and Human Services, 644-6459
Action: Moved to the
Consent Calendar by Councilmember Armstrong. Approved City Manager’s recommendation.
51. Restore $20,000 to Taxi Scrip
Budget
From: Commission on Aging
Recommendation: 1)
Restore $20,000 to Taxi Scrip Budget; 2) proportional budget formula
restored to 86% for Taxi Scrip; 3) not remove 1% cost to taxi owners
participating in programs; 4) no change in income tier structure at the
present time; and 5) Paratransit Administrator send Quarterly Paratransit
Status Reports to the Commission on Aging and Office of Budget and Fiscal
Management.
Contact: Lisa Ploss,
Secretary, 644-6050
a. City Manager Report
Recommendation: Staff
has been meeting with a representative from the Commission on Aging to
discuss the report's recommendations.
Please take no action until completion of these discussions and a
report with formal recommendations on policy issues can be submitted for
Council consideration.
Contact: Fred Medrano, Health
and Human Services, 644-6459
Action: Moved to the
Consent Calendar by Councilmember Armstrong. Approved City Manager’s recommendation.
Information
Reports
52. City-Wide Payroll Audit
Recommendations
From: City Manager
Contact: Phil Kamlarz, Deputy
City Manager, 644-6580
Action: Received and
filed.
53. Formal Bid Solicitations and
Requests for Proposals
From: City Manager
Contact: Frances David,
Finance, 665-7401
Action: Received and
filed.
54. Animal Shelter – Containment of
Disease (CR40-2000)
From: City Manager
Contact: Dash Butler, Police,
644-6568
Action: Held over to
May 9 at the request of the City Manager.
55. Landmarks Preservation Commission
Notice of Decision: 3222-3224
Adeline Street
(BMC 3.24.190 allows Council to move this report to “Action” to
certify the decision and set a public hearing)
Contact: Sherry Kelly, City
Clerk, 644-6480
Action: Received and
filed.
Communications
Action:
The following communications were read, noted and filed unless
referred to the City Manager for a response:
Page No.
1. Gary Stensen and Andrea DuFlon, regarding PSB radio antenna tower. Spring, Woolley,
Worthington
2. Kendall/Flasher, regarding installation of a saltwater fire fighting line. Olds,
Woolley
3. John DeClercq, regarding Steven Donaldson’s news article. Woolley
4. Bob Flasher,
regarding fire station on Shasta Road.
Olds, Woolley
SUPPLEMENTAL COMMUNICATIONS
AND AGENDA REPORTS
Item 31 - No Smoking in Tot Lots
5. Carol Thornton, Parks &
Recreation Commission Worthington
Item 36 - Measure B, Alameda County
Transportation Sales Tax
6.
Rachel Rupert
7. Jeff Hobson
Item 39 - Landmarks Preservation
Appeal, 801 Grayson
8. Dick Thomas
9. Jane Kelly
Item 50 - Measure O Funding
10. Exhibit to Item 50
Item 51 -Restore $20,000 to Taxi
Scrip Budget
11.
Edith Withington Worthington
Adjournment
The meeting adjourned at 10:54 p.m. in
memory of Betty Simms.
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