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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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REGULAR BERKELEY CITY COUNCIL MEETING
TUESDAY, DECEMBER 7, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:14 p.m. Councilmember Olds absent.

The Council adjourned to Closed Session for a report from the City Clerk and to the Redevelopment Agency meeting and reconvened at 7:51 p.m.

Ceremonial Matters:
a. Proclamation: Honoring the Carvalho Family
Action:
Held over to a future meeting.

Comments from the City Manager:
The realignment funding of the State Health Department for the City of Berkeley has been determined appropriate and eligible.

Comments from the Public: Twelve speakers

Youth Forum: Seventeen speakers.

Consent Calendar

Action: Moved, seconded, carried (Armstrong/Breland; Absent - Olds) to adopt the Consent Calendar in one vote 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 Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:
Adopted Resolution No. 60,329-N.S.

2. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) November 9, 1999 (regular); and b) November 16, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action:
Approved minutes; November 9, 1999 minutes corrected by Mayor Dean to clarify that STAG is the Seismic Technical Advisory Group.

3. Ordinances for Second Reading
(First Reading Vote - Ayes: unanimous; Absent: Shirek, Dean):
a. Adding BMC Section 7.20.048 to provide for refunds of residential refuse fees.
(First Reading Vote - Ayes: unanimous; Absent: Breland):
Action: Adopted second reading of Ordinance No. 6516-N.S. Effective: January 6, 1999.

b. Repealing and reenacting BMC Chapter 9.60 to provide for non-exclusive franchises for rubbish collection and transportation and amending Section 12.32.010 to add certain definitions.
(First Reading Vote - Ayes: unanimous; Absent: Breland):
Action: Adopted second reading of Ordinance No. 6517-N.S. Effective: January 6, 1999.

c. Amending BMC Sections 9.04.176 and 9.04.240 to require private rubbish haulers to enter into nonexclusive franchise agreements, exempting them from tax rates applicable to "private rubbish haulers", and allowing them to pay only the tax rate applicable to private recycling rubbish haulers.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Adopted second reading of Ordinance No. 6518-N.S. Effective: January 6, 1999.

4. Public Liability Claim: Gwen Ducksworth
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle Public Liability Claim 99-131C, in the matter of Gwen Ducksworth for $15,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,330-N.S.

5. Amend Firearms and Munitions Dealers Regulations (CR 99-86)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.72 - Firearm Dealers, to broaden and/or clarify: a) definition of a firearm, b) application requirements, c) inspection process, d) grounds for revocation of a permit, e) on-site security requirements, f) conditions of holding the permit, and g) permit renewal process; and to add a severability clause.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted first reading of Ordinance. Second reading December 14, 1999.

6. First Quarter Appropriation Ordinance Amendment
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Appropriation Ordinance No. 6502-N.S., increasing Net Appropriations by $54,094,365.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Adopted first reading of Ordinance. Second reading December 14, 1999.

7. Contract: Downtown Revitalization
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $207,000 of Downtown Business Improvement District (BID)-generated funds to support Downtown revitalization in the year 2000.
Contact: Bill Lambert, Economic Development, 705-8180
Action:
Adopted Resolution No. 60,331-N.S.

8. Findings for 725 Gilman Street (to be delivered)
From: City Manager
Recommendation:
Adopting a Resolution adopting findings regarding Council's decision of November 2, 1999, reversing the Landmarks Preservation Commission designation of 725 Gilman ("Hot Dip Galvinizing") building as a Structure of Merit
Action:
Adopted Resolution No. 60,332-N.S. as amended by Councilmember Spring.

9. Findings for 1172-1174 Arch Street (to be delivered)
From: City Manager
Recommendation:
Adopting a Resolution adopting findings regarding Council's decision of November 2, 1999, reversing the decision of the Zoning Adjustments Board denial of a Use Permit with findings to Applicant, Peter Coney, to intensify an existing non-conforming duplex by constructing a three-story, 1,260 square foot addition onto the rear of an existing structure at 1172-1174 Arch Street and upholding the appeal.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,333-N.S.

10. Contract: City-Wide Inventory of Public Trees
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ACRT, Inc. in an amount not to exceed $149,158, for conducting a computerized inventory of public trees for the period December 10, 1999 through June 30, 2001.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,334-N.S.

11. Contract: Sanitary Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Page Street, Fourth Street through Tenth Street, San Pablo Avenue, Kains Avenue, Stannage Avenue and Cornell Avenue; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $733,861 for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,335-N.S.

12 .Contract: Voice/Data Cabling for Public Safety Building (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with the responsive low bidder in an amount not to exceed $200,000, to provide voice/data cabling in the Public Safety Building to accommodate the Citywide Telecommunications System for the period December 1999 to May 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:
Held over by the City Manager to December 14, 1999.

13. Support Designating Oakland Building as the "Ronald V. Dellums Federal Building"
From: Vice Mayor Shirek, Councilmembers Spring and Breland
Recommendation:
Request the City Manager write a letter on behalf of Council and Berkeley citizens to President Clinton, Federal legislators, and David Barram, Administrator of General Services Administration urging: 1) implementation of Public Law 106-13 by affixing the legal designation "Ronald V. Dellums Federal Building" using one or both of the spandrels at the Federal Building at 1301 Clay Street in Oakland, as was passed in Public Law 106-13 by the 106th Congress and signed by President Clinton; and 2) protesting Region 9 Administrator, Mr. Kenn Kojima's refusal to administer this legislation.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

14. Preserving Small Businesses
From: Councilmember Maio
Recommendation:
Direct the City Manager review possible legislative means by which Berkeley might restrict the proliferation of large chain stores and favor locally-serving small businesses using the resources described and any other means, and forward findings and recommendations to the Planning Commission who would report back to Council.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation (Abstain - Woolley).

15. Santa Fe Right-of-Way
From: Councilmember Maio
Recommendation:
Direct the City Manager to discontinue any further activity with reference to the selling or disposal of property along the Santa Fe Right-of-Way (SFROW) until an assessment and inventory of the remaining open sections of the SFROW have been completed and this project can be considered in the context of a larger planning process.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Breland and held over to December 14, 1999.

16. Presentation on Recent Earthquakes in Turkey
From: Councilmember Maio
Recommendation:
Schedule 20 minutes at a future meeting to allow Dr. Murat Karaca of the Lawrence Berkeley National Laboratory's (LBNL) Engineering Division to present his findings and slides on the recent earthquakes in Turkey.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

17. Growing, Disseminating, and Marketing Products Containing Genetically-Engineered Organisms
From: Vice Mayor Shirek and Councilmember Maio
Recommendation:
Adopt a Resolution supporting the establishment of Federal legislation banning the growing, disseminating, and marketing of products containing genetically-engineered organisms until they have been proven safe for human consumption and the environment.
Contact: Dale Bartlett, Councilmember Shirek's Office, 644-6243
Action:
Adopted Resolution No. 60,336-N.S. (Abstain - Armstrong)

18. Funding for Break the Cycle
From: Councilmembers Maio and Breland
Recommendation:
Adopt a Resolution allocating $30,000 for the highly successful after-school program "Break the Cycle" (BTC) for completion of its first and fifth grade program materials.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Armstrong/Maio; Absent - Olds) to adopt Resolution No. 60,337-N.S. from funding sources identified by the City Manager. Requested a report from the City Manager on possible policies for Council funding requests.

19. Drop Charges Against Kahlil Jacobs-Fantauzzi
From: Councilmembers Maio, Breland, Spring, Worthington
Recommendation:
Direct the City Manager transmit a letter on behalf of the City Council to the Alameda County District Attorney that Council requests that charges leveled against Kahlil Jacobs-Fantauzzi be dropped, to include information about the basis for this request as stated in this report, and establish a dialog between youth leaders and the Berkeley Police Department.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266; Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Mayor Dean. Moved, seconded, carried (Maio/Breland; Abstain - Armstrong, Dean; Absent - Olds) to approve the recommendation.

20. Mandatory Automatic Gas Shut-Off Value on Residences and Businesses
From: Vice Mayor Shirek and Councilmember Breland
Recommendation:
Direct the City Manager prepare a plan investigating the feasibility of mandatory automatic gas shut-off valves on Berkeley residences and businesses, and report back in 90 days.
Contact: Dale Bartlett, Councilmember Shirek's Office, 644-6243
Action:
Approved recommendation.

21. Carbon Monoxide Poisoning
From: Mayor Dean
Recommendation:
Request the City Manager: 1) investigate the need to upgrade the existing building code requirements for multi-unit housing to include the installation of carbon monoxide monitors; 2) immediately notify apartment owners of their requirement to provide heat and to ensure the safety of their units; 3) increase the enforcement of permit requirements for repair and/or installation of roofs, especially on multi-unit buildings, to ensure the work meets all safety codes, including the addition of adding new inspections of vent pipes if such inspections are not now included in routine roof inspections following completion of repairs, and to consider increased penalties where work was done that endangers the safety of residents; and 4) include steps to be published in the City Manager's Annual Report concerning how all residents can protect themselves from carbon monoxide poisoning.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Approved recommendation and the additional recommendation by Mayor Dean as follows: 5) begin the process to amend the building code (or other appropriate code) to include a requirement that carbon monoxide detectors be installed in all existing units in multiple unit buildings; 6) begin the process to amend the building code (or other appropriate code) to include a requirement that carbon monoxide detectors be installed in all new residential construction, including additions, of an appropriate size, or at the point of sale; 7) request that the City Manager report back to the Council how the City can provide information to the residents of Berkeley about how they can protect themselves from carbon monoxide poisoning, and, in addition, to consider initiating a program whereby the community is reminded of the need to change batteries on already-installed devices such as carbon monoxide monitors and smoke alarms by associating the need to do this with something that is already occuring such as the end of daylight savings time; 8) request that the City Manager debrief City staff regarding their individual and departmental response to the tragedy that occurred at 2020 Bancroft with the objective of improving the City's response procedures, particularly in regard to calming people, providing them with information after the incident, and arranging relocation assistance; and amending recommendation 3 as noted above; and an additional recommendation by Councilmember Spring as follows: require apartment owners to arrange with the tenants of their buildings and PG&E an annual test in those with gas heaters.

22. Excuse Mayor and Councilmember Olds from December 14 meeting
From: Mayor Dean and Councilmember Olds
Recommendation:
Excuse Mayor Dean and Councilmember Olds from the December 14, 1999 Council meeting in order to attend the Project Impact Summit meeting on disaster-resistant communities, sponsored by FEMA, in Washington D.C. from December 12th through December 16th.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation.

23. Seismic Retrofitting of Residential Multi-Story Buildings
From: 3x3 Committee on Housing
Recommendation:
Adopt a Resolution requesting the Berkeley delegation going to Washington in December, meet with the Federal Emergency Management Administration (FEMA) to request funding made available by FEMA, be expanded for prevention to include seismic retrofitting of the most at-risk housing stock, namely soft-story multi-unit residential buildings; and direct the City Manager convene a meeting of the seismic technical advisory group and other appropriate technical advisors to develop and propose minimum code standards appropriate for retrofitting the most at-risk structures.
Contact: Linda Maio, Councilmember District 1, 644-6359; Max Anderson, Rent Board Commissioner; Stephen Barton, Housing, 644-6001
a. From: Councilmember Spring
Recommendation:
Refer a letter from Jon Vicars, Elmwood Realty Investment, regarding the financial problems of retrofitting multi-unit buildings to the 3x3 Committee for discussion.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Adopted Resolution No. 60,338-N.S. and approved recommendations.

24. AB 212: Child Care and Development
From: Task Force on Child Care Compensation
Recommendation:
Direct the City Manager send a letter to Governor Davis expressing disappointment in his decision not to appropriate funds for AB212, the California Compensation and Retention Encourage Stability Program (California CARES).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001
Action: Approved recommendation.

25. Coordination of Planning for Warm Pool
From: Commission on Disability
Recommendation:
Request the City Manager: 1) coordinate planning efforts between the City, Berkeley Unified School District (BUSD) and the Warm Pool Committee; 2) encourage full participation of the Warm Pool Committee in the planning process; and 3) extend the contract of the consultant already working on the project for an additional 1.5 days per week to match the 1.5 days per week paid for by BUSD.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Weldon Rucker, Deputy City Manager, 644-6580
Action: Approved recommendation.

Presentations

26. ABAG Living on Shaky Ground Conference
Contact: Shirley Dean, Mayor, 644-6484; Linda Maio, Councilmember District 1, 644-6359
Action:
Held over to January 11, 2000.

Action Calendar

Appeals:

27. Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road
a. Appeal filed by Ben White and Sharon F. Landes
, from the decision of the Zoning Adjustments Board which approved a Use Permit with findings and conditions for the property located at 37 Mosswood Road, to allow a second dwelling where only a single residential dwelling is allowed, and to allow this unit without providing additional parking where each dwelling is required to provide one parking space per 1,000 square feet of gross floor area with a minimum of two spaces.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
(to be delivered)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communications from:
1. Ann Reid Slaby, Ph.D, Attorney at Law (2 letters)
2. Ina Cooper
3. Ben White and Sharon Landes, appellants
4. Janice Thomas, applicant
Contact: Sherry M. Kelly, City Clerk, 644-6480

Action: Moved, seconded, carried (Worthington/Maio) to hold over to January 11, 1999.

Old Business:

28. Decision regarding Cable Television Rates and Charges for Basic Service Tier, Equipment and Installation (held over from November 2nd meeting)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Rate Order for the City establishing the maximum permitted cable television rates that AT&T Cable Services can charge for the Basic Service Tier, equipment and installation, effective June 1, 1999.
a. City Manager Supplemental Report
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Held over to December 14, 1999.

29. Housing Trust Funds for Prince Hall Arms Senior Housing Project (held over from November 23rd meeting)
From: City Manager
Recommendation:
Receive report and consider a request to allocate up to an additional $598,091 from FY 2000 Housing Trust Fund (HTF) monies for the Prince Hall Arms, a 37-unit senior housing project located at 3132-38 Martin Luther King Jr. Way.
Contact: Stephen Barton, Housing, 644-6001

Action: Moved, seconded, carried (Maio/Shirek; Absent - Olds) to adopt Resolution No. 60,339-N.S. allocating $450,000 from FY 2000 HTF monies for the Prince Hall Arms project; and requested a good faith effort on behalf of the developer to locate the additional $148,091; and that a financing report come back to Council for review before the next round of HTF funding.

30. Establish Deadline for Waiving Liens for 2501 Haste Street (removed from consent by Mayor Dean and held over from November 23rd meeting)
From: Councilmember Worthington
Recommendation:
Request the City Manager review if there are any legal impediments to the City establishing a deadline for exercise of the waiving of liens for 2501 Haste Street. If a deadline is legally permitted, then have the City Manager suggest feasible deadlines, and review whether to initiate a contract clearly stating the City’s requirements for waiving the liens.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

Action: Moved to Consent Calendar by Councilmember Worthington to approve the recommendation and to add the recommendation by Mayor Dean requesting the City Manager to report to the Council on the feasibility of preparing a joint proposal from the City and University to develop the vacant corner at Telegraph and Haste and some portion of adjacent University owned property to the east for mixed use (retail on ground floor and residential above). If resources to develop such a proposal with the City, Council requests that the Manager's report include the following: a description of the steps which need to be taken to implement such a joint development; a time frame to accomplish those steps; a description of the planning process to determine whether the housing would be for students, students and faculty, or community (low income), students and faculty and other matters essential to development of the site; options for financing such project; and incentives, if needed, for obtaining the owner's full cooperation in such a development.

New Business:

31. Actions Related to Harrison Street Playing Fields Project (CR 96-044)
From: City Manager
Recommendation:
1) Adopt a Resolution approving the Mitigated Negative Declaration and Mitigation and Monitoring Program for the Harrison Street Playing Fields and the Codornices Creek Improvements Project; 2) Adopt first reading of an Ordinance authorizing the City Manager, in order to develop public recreational facilities, execute a purchase agreement with the University of California, along with escrow instructions and all other documents required to purchase the real property bounded by Codornices Creek, 5th Street, Harrison Street, and the Union Pacific Railroad, in an amount not to exceed $2,875,000, including all related escrow fees and closing costs; and 3) Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.18.010, Expenditure Limitations, and adding Chapter 7.19 to provide that development of recreational facilities by non-profit organizations shall not be subject to otherwise applicable competitive bidding procedures, provided the total development costs of each such facility does not exceed $2,000,000 and that Council approves by a separate Resolution each development contract with the non-profit organization.
Contact: Weldon Rucker, Deputy City Manager; Fred Medrano, Health and Human Services, 644-6459; Lisa Caronna, Parks and Waterfront, 644-6943

Actions: Moved, seconded, carried (Spring/Maio; Noes - Worthington; Absent - Olds) to adopt Resolution No. 60,340-N.S. amended to include the recommendations of the Park and Recreation Commission, the Commission on Labor, the Community Environmental Advisory Commission and the Planning Commission.

Moved, seconded, carried (Spring/Worthington; Absent - Olds) to adopt first reading of revised Ordinance authorizing the purchase of real property located at 5th and Harrison Streets in an amount not to exceed $2,875,000 for a recreational facility. Second reading December 14, 1999.

Moved, seconded, carried (Spring/Armstrong; Abstain - Woolley, Worthingon; Absent - Olds) to adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.18.010, Expenditure Limitations, and adding Chapter 7.19 Development of Recreational Facilities by Non-profit Organizations amended to provide that 7.19.030 B.1 shall read "minimum savings of twenty percent (20%)". Second reading December 14,1999.

32. Extending Deadline on Effectiveness of the West Berkeley Redevelopment Plan
From: City Manager
Recommendation:
1) Adopt a Resolution certifying a Negative Declaration for extending the termination date for the effectiveness of the West Berkeley Redevelopment Plan; and 2) Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 12.94.010.D and 12.94.010.E, West Berkeley Redevelopment Plan, by extending the Plan's effectiveness deadline from December 31, 2002 to January 1, 2009.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action:
Moved to the Consent Calendar by Councilmember Breland. Adopted Resolution No. 60,341-N.S. and adopted first reading of Ordinance. Second reading December 14, 1999.

33. Measure G Projects - Saltwater Fire Fighting System
From: City Manager
Recommendation:
Direct the City Manager to: a) Terminate work on the salt water fire fighting system; b) Terminate work on the cistern project; c) Proceed with the necessary actions to purchase the Cragmont water storage tank from EBMUD, and secure access to water contained in existing EBMUD tanks and reservoirs; and d) Endorse plan to provide city-wide fire fighting capabilities by seeking financing alternatives.
Contact: Reginald Garcia, Fire Chief, 644-6665
a. Citizens Budget Review Commission
Recommendation: That the current shortfall in project funding is not insurmountable. However, the Citizens Budget Review Commission (CBRC) cannot recommend that the Council make-up the funding shortfall for the Saltwater System at this time. The CBRC recommends instead that the City develop a comprehensive city-wide fire protection plan and, subsequently, develop a funding plan which takes into consideration available Measure G Bond funds, and report such plan back to Council as appropriate.
Contact: Phil Kamlarz, Secretary, 644-6580
Action:
Held over to January 11, 2000.

34. Off-Street Parking Fees (to be delivered)
From: City Manager
Recommendation:
Receive a report on options regarding special event parking fees at City lots including consideration of reducing or eliminating special event parking fees; and consideration of increases on all day parking and other options.
Contact: Frances David, Finance, 644-6476
Action:
Held over by the City Manager to December 14, 1999.

35. Commission on Children (CR 99-088)
From: Task Force on Child Care Compensation
Recommendation:
Adopt a Resolution establishing a Commission on Early Childhood Education and authorizing Council to make appointments pursuant to the Fair Representation Ordinance (Berkeley Municipal Code sections 2.04.030 through 20.04.130).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation:
1) Request Staff work with existing commissions and work groups to intensify their focus on such concerns as quality child care, education, health and recreation especially for low-income families; 2) Refer citizens concerns regarding children to the Human Welfare and Community Action Commission (HWCAC), as its Mission Statement includes needs of family, children, youth and the aged, and that appointments be made to emphasize this aspect of the Commission; and 3) That the HWCAC work closely with the Youth Commission, Parks and Recreation, the Community Health Commission and other workgroups to coordinate the City's efforts on behalf of children; and 4) That tasks and responsibilities of the Task Force be assigned to the HWCAC who may develop a contract with a community-based organization to administer the training stipends.
Contact: Stephen Barton, Housing, 644-6001

Actions: Moved, seconded, carried (Worthington/Spring; Noes - Armstrong, Woolley, Dean; Absent - Olds) the main motion to adopt Resolution No. 60,342-N.S. establishing a Commission on Early Childhood Education; and 1) establishing a subcommittee of the Council, Councilmembers Maio and Breland, to examine consolidating and/or eliminating commissions if appropriate; 2) reevaluate the commission if the Conflict of Interest regulations are problematical.

Moved, seconded, failed (Woolley, Armstrong; Noes - Breland, Maio, Shirek, Spring, Worthington; Absent - Olds) the substitute motion that instead of forming a commission at this time, request the City Manager report back on costs of staffing and maintaining all commissions and cost per average commission.

Information Reports

36. Deborah Goldsberry, et al. (CR 99-124)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action:
Received and filed.

37. Waiving Fees to Rescue Organizations
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

38. Financial Support for Telegraph Area Association (CR 99-77)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action: Received and filed.

39. Landmarks Preservation Commission Notices of Decision: 2295 Shattuck Ave. (Masonic Temple Building); 1808 5th St. (Heywood House); 2605 Haste St. (Casa Bonita Apartments, 2036-2040 Shattuck Ave. (Kress Building); Area Bounded by Center St., Milvia St., Allston St. and Martin Luther King Jr. Way (Martin Luther King Jr. Civic Center Park); and 809 Delaware St. (Delaware Street Historic District)
From: City Manager

Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Received and filed.

40. Interim Update on Seismic Safety Activities (CR 99-117)
From: City Manager
Contact: Arrietta Chakos, City Manager's Office. 644-6580
Action:
Received and filed.

41. Council Salaries - Annual Inflation Adjustment
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Received and filed.

42. Proposed Marijuana Ordinance (Kinder Safer Streets Act of 1999) (to be delivered)
From: City Manager
Contact: Dash Butler, Police, 644-6568

Action: Moved, seconded, carried (Spring/Maio) to refer to the City Manager the eight items in Councilmember Spring's report; formed a subcommittee of Councilmembers Spring and Worthington and Mayor Dean to work with staff on the Ordinance for review by the subcommittee in January; to go on record that Council supports Proposition 215; directed staff to investigate Oakland and San Francisco ordinances regarding number of allowed marijuana plants; Councilmember Armstrong amended to add for the record that the Council wants the City to do all in its power to allow the chronically and terminally ill to get the medicinal marijuana they need; and amended by Councilmember Worthington to add that it is the sense of Council to discourage felony charges for possession of small quantities of marijuana, that Council does not condone open-air sale of marijuana.

Communications

Action: Communications noted and filed unless referred to the City Manager as indicated.

1. Bill Lockyer, State Attorney General, thanking Council for its action on October 12th regarding Alta Bates-Summit merger.

2. Patrick Kennedy, Panoramic Interests, transmitting newspaper articles regarding defending his latest project at 2700 San Pablo Avenue, and why Berkeley needs to be progressive on smart growth.

3. L.A. Wood, regarding initial study and mitigated negative declaration for Harrison Street playing fields. Worthington

4. Regarding Spay and Neuter Ordinance:
a) Charles J. Berger, D.V.M., Campus Veterinary Clinic  Breland
b) Sylvia Schild  Breland
c) Bernadette McDonald-Smythe  Breland
e) Lisa Carlson, Director of Client Services, Peninsula Humane Society Breland
f) Paddy Berne, Secretary, Oakland Dog Training
g) Ellen Dimond, Director, Coalition for Humane Legislation

5. John Ceely, regarding defending Kahlil. Breland

6. Kem Loong Sr. and Rosalyn Tung-Loong, responding to a letter from the City Manager regarding refuse collection backyard surcharge. Worthington, Dean, Maio

7. Saundrah Clark Grevious, regarding a negative article by the San Francisco Examiner/Chronicle regarding "Black Theater Faces Criticism" by Debra Levi-Holtz.

8. Rachel Rupert, Chief Executive Officer, Berkeley Chamber of Commerce, regarding creation of a new commission on UC affairs.

9. Gina Cummings, Physicans for Human Right, U.S. Campaign to Ban Landmines, National Office, regarding RADAM update.

10. Anne Marselis, Saint John's Neighbors, regarding pedestrian and auto traffic to and from Saint John's Presbyterian Church. Worthington

11. Meredith Cabe, Associate Counsel to the President, The White House, Washington, D.C., responding to Council action of September 14th regarding the pardon application of Freddie Meeks. Breland

12. Donna Burke, Executive Director, External Affairs, Pacific Bell, responding to Council action of September 14th regarding providing immediate telephone repair service for people with disabilities. Breland

13. Arthur Stopes, III, regarding notice of default. Dean

14. John Vance, First Amendment Center, regarding KPFA/Mumia and other community information (additional pages on file for review in the City Clerk's Office).

15. L.A. Wood, regarding negative declaration for Harrison Street Playing Fields. Breland, Worthington

SUPPLEMENTAL COMMUNICATIONS
AND AGENDA REPORTS

Item 8 - Findings for 725 Gilman Street
16. Councilmember Spring, amendment to resolution.

Item 15 - Santa Fe Right-of-Way
17. Parks and Recreation Commission, report and recommendation.

Item 21 - Carbon Monoxide Poisoning
18. Mayor Dean, revised report and recommendation.
19. Councilmember Spring, addition to Mayor's recommendation

Item 27 - Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road
20. Fredrica Drotos
21. Janice Thomas
22. Robert Brown; Carroll B. Williams; Fredrica Drotos; Ernest Sotelo; Phoebe Salmitz; Jeanne Allen; Anne Foster Grant.
23. Michael Kelly
24. Rena Rickles

Item 31 - Actions Related to Harrison Street Playing Fields
25. Berkeley Association of Industrial Companies Steering Committee
26. L. A. Wood

Item 35 - Commission on Children
27. Jo Ann B. Price, President; Lois Brubeck, Action Vice President; League of Women Voters  Worthington, Armstrong, Dean

Item 42 - Proposed Marijuana Ordinance (Kinder Safer Streets Act of 1999)
28. Councilmember Spring, recommendation.

Adjournment

Action: Moved, seconded, carried (Worthington/Maio; Absent - Olds) to extend the meeting past 11:00 p.m. to complete certain items.

Moved, seconded, carried (Spring/Maio; Absent - Olds) to suspend the rules to extend the meeting to 12:15 to complete Item 35.

The meeting adjourned at 12:15 a.m.


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