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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, SEPTEMBER 12, 2000

 

Preliminary Matters

 

 Roll Call:  7:06 p.m.  All present.

 

Ceremonial Matters: 

Oath of Office

Pledge of Allegiance to the Flag

Introduction of ASUC Officers for 2000-2001

Thank You to the City from Christmas in April

Proclamation:  Shoreline Cleanup Day

Proclamation:  National Prostate Cancer Month

Action:  Council recited the Oath of Office and Pledge of Allegiance; introduced and welcomed the ASUC Officers for 2000-2001; received appreciation from Christmas in April; and presented the Proclamations.

Comments from the City Manager: 

The Ecology Center is now collecting #1 and #2 plastics for recycling.

 Comments from the Public:  Eleven speakers.

 Youth Forum:  No speakers.

Consent Calendar

 

Action:  Moved, seconded, carried (Worthington/Breland) to approve the Consent Calendar in one motion except as indicated.

 1.         Recess Items

a.  Public Liability Claim:  Norman Allendorph v. City of Berkeley

From:  City Manager 

Recommendation:  Adopt a Resolution confirming the action of the City Manager taken during the summer recess authorizing a settlement of Public Liability Claim Number 00-229, Norman Allendorph, in the amount of $8,222.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted Resolution No. 60,732-N.S.

b.  Settlement:  Barbara Selfridge v. City of Berkeley  

Recommendation:  Adopt a Resolution confirming the action of the City Manager taken during the summer recess authorizing a settlement of the Alameda County Superior Court Action No. 819057-0 entitled Barbara Selfridge v. City of Berkeley in the amount of $68,000.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted Resolution No. 60,733-N.S.

c.  Contract:  General Plan Environmental Review

From:  City Manager

Recommendation:  Adopt a Resolution confirming the action of the City Manager taken during the summer recess authorizing the City Manager to enter into a new contract with LSA Associates for completion of the required environmental review for the draft General Plan in the amount of $40,311.  

Contact:  Wendy Cosin, Planning and Development, 705-8108

Action:  Adopted Resolution No. 60,734-N.S.

          d.  Janitorial Services at Mental Health Facilities

          From:  City Manager

          Recommendation:  Adopt a Resolution authorizing a closeout invoice payment in an 
          amount not to exceed $6,500 to Pinnacle Environmental Services, Inc. for janitorial
          services provided at 2636/2640 Martin Luther King, Jr. Way and at 1925 Derby Street
          through June 30, 2000.  
          Contact:  Fred Medrano, Health and Human Services, 665-6879  
          Action: 
Adopted Resolution No. 60,735-N.S.

 

            e.  Contract:  Recreational Facilities at Harrison Street

            From:  City Manager  
            Recommendation: 
Adopt a Resolution confirming the action of the City Manager
            taken during the summer recess amending the contract with the Association for Sport
            Field Users (ASFU) by: 1) allocating an additional $230,000 of City funds to the
            contract, provided the total amount of the contract shall not exceed $1,500,000
            (including $50,000 in cash donations raised by ASFU); and 2) extending the term of
            the contract to December 31, 2000.  
            Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222  
            Action: 
Adopted Resolution No. 60,736-N.S. (Abstain – Woolley)

 

            f.  Contract:  Sports Court Renovations

            From:  City Manager  
            Recommendation: 
Adopt a Resolution confirming the action of the City Manager
            taken during summer recess approving the plans and specification for the sports court
            renovations at Grove Park, James Kenney Park, and Berkeley Rose Garden;
            accepting the bid of Vintage Contractors, Inc.; and authorizing the City Manager to
            execute a contract and any amendments for a period of sixty calendar days in an
            amount not to exceed $187,000.  
            Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222  
            Action: 
Adopted Resolution No. 60,737-N.S.

2.         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:  Sherry Kelly, City Clerk, 644-6480

Action:  Adopted Resolution No. 60,738-N.S.

 

3.         Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) July 18, 2000 (closed); b) July 18, 2000 (regular); c) July 25, 2000 (closed); and d) July 25, 2000.(regular) and revised July 11 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

Action:  Approved minutes.

 

4.         Council Meeting Calendar - Year 2001

            From:  City Manager

Recommendation:  Adopt a Resolution establishing the schedule for the City Council meetings for the Year 2001.

Contact:  Sherry Kelly, City Clerk, 644-6480

Action:  Removed from the Consent Calendar by Councilmember Spring and held over to September 26, 2000.

 

5.         Contract:  Communications Infrastructure at Corporation Yard

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with Capitol Communications to update the communications infrastructure at the Corporation Yard for a total contract amount not to exceed $43,000 for the period September 13, 2000 to May 31, 2001.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Adopted Resolution No. 60,739-N.S.

 

6.         Contract:  Gilman Street/I-80 Interchange Roundabouts Design

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Whitlock & Weinberger Transportation, Inc. (W-Trans) to provide traffic engineering services for the Gilman Street/I-80 Roundabout Design, in an amount not to exceed $40,000, for the period September 15, 2000 to March 31, 2000.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Adopted Resolution No. 60,740-N.S. 

 

7.         Speed Limit Along Claremont Avenue

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.24 by adding Section 14.24.220 changing the speed limit along Claremont Avenue from 25 to 30 MPH between Ashby Avenue and Alcatraz Avenue/Oakland city limit.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Adopted first reading of Ordinance. (Noes - Worthington.)  Second reading September 19, 2000.

 

8.         Contract:  Council Chamber Renovations

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to negotiate and execute contract amendments with Todd Jersey Architects to provide additional architectural and engineering services for the Council Chambers Renovation Project, by increasing the authorized contract amount by up to $50,000, for a new contract total amount not to exceed $72,900, and extending the term of the contract through July 1, 2001.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Removed from the Consent Calendar by Councilmember Armstrong and held over to September 26, 2000.

 

9.         Contract:  New Fire Station

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Marcy Li Wong Architects, to provide the initial phase of architectural and engineering services for a new fire station in the Berkeley  Hills, in an amount not to exceed $35,500 for all services and reimbursable expenses, for the period October 1, 2000 to June 30, 2001.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Removed from the Consent Calendar by Councilmember Spring.  Moved, seconded, carried (Shirek/Olds; Abstain - Spring) to adopt Resolution No. 60,741-N.S.  Councilmember Spring stated for the record that she abstained over concern for the process utilized in selecting the architect and Councilmember Worthington stated for the record that he was thrilled no Measure G funds were being expended at this time.

 

10.       Contract:  Coordination Activities Related to Saving Affordable Housing

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Housing Rights, Inc. in the amount of $43,000 in General Funds 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.

Contact:  Stephen Barton, Housing, 665-3481

Action:  Adopted Resolution No. 60,742-N.S. (Abstain - Armstrong).   Councilmembers Maio and Spring requested that staff add more emphasis on networking with other cities and to lobby on national and regional levels for more funds for Section 8.

  

11.       Amendment to Commercial Energy Conservation Ordinance

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Section 19.72.170 of the Berkeley Municipal Code (BMC) to establish a procedure to record a certificate of non-compliance with the County Recorder to improve compliance with the Commercial Energy Conservation Ordinance (CECO).

Contact:  Stephen Barton, Housing, 665-3481

Action:  Adopted first reading of Ordinance.  Second reading September 19, 2000.

 

12.       Abandoned and Inoperative Vehicle Trust Fund

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to create and establish an interest bearing Abandoned and Inoperative Vehicle Trust Fund in accordance with requirements mandated by the California Vehicle Code, Section 22710, C-2.

Contact:  Fred Medrano, Health and Human Services, 665-6879

Action:  Adopted Resolution No. 60,743-N.S.

 

13.       Contract:  Public Health Laboratory

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the California State Department of Health Services for public health laboratory services in an amount not to exceed $191,204 for the period July 1, 2000 to June 30, 2001, and approving a $25,000 advance payment.

Contact:  Fred Medrano, Health and Human Services, 665-6879

Action:  Adopted Resolution No. 60,744-N.S.

 

14.       Honoring Three Slain Food Inspectors

From:  City Manager

Recommendation:  Adopt a Resolution in recognition of the three food inspectors slain on June 21, 2000.

Contact:  Fred Medrano, Health and Human Services, 665-6879

Action:  Adopted Resolution No. 60,745-N.S.

 

15.       Civic Arts Grants Program Revisions

            From:  City Manager

Recommendation:  Adopt a Resolution revising eligibility requirements and program categories for Civic Arts Grants Program and rescinding Resolution No. 55,832-N.S.

Contact:  Bill Lambert, Economic Development, 705-8180

Action:  Adopted Resolution No. 60,746-N.S.  (Abstain - Woolley)

 

16.       Berths at the Marina for Nonprofits in Exchange for Community Services

            From:  City Manager

Recommendation:  Adopt a Resolution waiving berth fees in exchange for community service for the Bay Area Association of Disabled Sailors (BAADS), the Nautilus Institute and the Cal Sailing Club.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

Action:  Adopted Resolution No. 60,747-N.S.

 

17.       Contract:  Environmental Consultant

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Donaldson Associates, in an amount not to exceed $28,165, to prepare a Focused Environmental Impact Report for the Measure S improvements to Martin Luther King, Jr. Civic Center Park, for a new contract total not to exceed $37,855 for the term ending June 30, 2001.

Contact:  Lisa Caronna, Parks and Waterfront, 644-6943 x222

Action:  Adopted Resolution No. 60,748-N.S.

 

18.       Living Wage Ordinance, Marina Zone (CR #2000-120)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 13.27.020, 13.27.030 and 13.27.050 to establish a requirement that specified employers within the Marina Zone pay employees a living wage.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted first reading of Ordinance.  Second reading September 19, 2000.

 

19.       Support SB 1949 - Internet Taxation, and SB 1933 - State Tax Policy

            From:  Mayor Dean

Recommendation:  1) Support SB 1949 (Costa) which promotes the development of a multistate system for collecting sales and use taxes, and thereby hastens the implementation of full state taxation of Internet sales; 2) support SB 1933 (Vasconcellos) establishing the California Commission on Tax Policy in the New Economy which would study and make recommendations on how to best promote economic vitality, tax equity, and governmental sustenance in the era of the e-economy; 3) direct the City Clerk to notify the bills' sponsors, Berkeley's representatives in Sacramento, and the City's Sacramento lobbyist of this action; and 4) direct the City Clerk to notify the Governor of the City's support (on May 9, 2000) of AB 2412, which is now before the Governor for action.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Approved recommendation with revision by the Mayor to add City representation on the Commission.

 

20.       Oppose Proposition 38 - School Voucher and Public School Funding

            From:  Mayor Dean

Recommendation:  1) Adopt a Resolution in opposition to Proposition 38, a constitutional amendment initiative organized by Timothy C. Draper which would completely reorganize the State's system of school finance, authorize annual State payments of at least $4,000 scholarship per pupil to attend private and religious schools, require minimum-per-pupil K-12 public school funding at or above the national average, and reduce the legislative vote requirement for school funding from 2/3 to a majority; and 2) forward the resolution to the No Vouchers 2000 Committee and ask them to add the City's name to the list of No on 38 endorsements.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Adopted Resolution No. 60,749-N.S.

 

21.       Minority and Gender Representation in the City Work Force

            From:  Mayor Dean

Recommendation:  City Manager begin as soon as possible to examine whether minorities and women are equitably represented at all levels in the City's work force, starting with the Police and Fire Departments, and report back to the Council on his study and actions which the City should be taking.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Approved recommendation.

 

22.       Proclamation:  Honoring Berkeley Partners for Parks (to be delivered)

            From:  Mayor Dean

Recommendation:  Approve a Proclamation honoring Berkeley Partners for Parks, Zasa and Stephen Swanson, Aquatic Park Children's Playground Project, and hundreds of park volunteers.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Approved recommendation.

 

23.       Salary Adjustment - Animal Shelter Director Position

            From:  Mayor Dean, Councilmembers Olds and Spring

Recommendation:  The City Manager consider increasing the salary now being offered in the recruitment of a new Manager of the City's Animal Shelter and report back to Council within thirty days.

Contact:  Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399,   Dona Spring; Councilmember District 4, 644-6266

Action:  Removed from the Consent Calendar by the City Manager and held over to September 26, 2000.

 

24.       1999-2000 Alameda County Grand Jury Final Report

            From:  Mayor Dean

Recommendation:  Request the City Manager prepare the required response from the City to the 1999-2000 Alameda County Grand Jury Final Report, such response to be to Grand Jury Recommendation 00-35:  "that all local elected or appointed governing bodies and political subdivisions of the County hold annual workshops to familiarize the governing body members and staff with the Brown Act."

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Removed from the Consent Calendar by the City Manager.  Moved, seconded, carried (Worthington/Breland; Absent - Shirek)  to direct the City Attorney to prepare a response stating that Council will hold workshops regarding the Brown Act with response to be placed on the September 19, 2000 agenda for Council approval.

 

25.       Earthquake Preparedness (to be delivered)

            From:  Mayor Dean

Recommendation:  Request the City Manager, working with the Disaster Council, to:  A) schedule a special joint meeting with the City Council and members of the Disaster Council at which the Council, Disaster Council and members of the public will be informed of the status of all efforts the City has in place to respond to a major earthquake.  All Neighborhood Watch Groups are to be invited to this meeting and the meeting will include:  1) review and possible modification of existing programs and efforts; 2) review of remaining work to be done, setting priorities, work program and budget; and 3) review of shelter program citywide; B) encourage each Neighborhood Watch Group to hold a mock drill in October: 1) preparedness information is supplied to the group by the City; 2) each Neighborhood Watch Groups is requested to discuss their preparedness, review status of supplies and each member requested to review individual household plan; and 3) request the City Manger to report to Council on this effort and to prepare a citywide map showing areas Neighborhood Watch Group cover, and plans to cover the uncovered areas; and C) ask local newspapers to carry information about the special meeting, the classes that area available, supplies each household should have and other pertinent information.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Mayor Dean revised the item to schedule all actions in the month of November rather than the month of October.  Removed from the Consent Calendar by Councilmember Worthington and held over to September 26, 2000.

 

26.       Whale Deaths as a Result of Use of Sonar

            From:  Councilmember Olds and Mayor Dean

Recommendation:  Request the City Manager write a letter to the U.S. Secretary of the Navy voicing our strong objection to the use of the Low-Frequency Active Sonar System in our oceans as a result of evidence that links the death of marine life, particularly whales, to use of this system.

Contact:  Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484.

Action:  Approved recommendation.

 

27.       Parks Ballot Measure W Budget Issues

            From:  Councilmember Spring

Recommendation:  Request the City Manager respond to questions regarding budget issues raised in the rebuttal argument against Measure W.

Contact:  Dona Spring, Councilmember District 4, 644-6266

Action:  Approved recommendation.

 

28.       Downtown Berkeley Improvements

            From:  Councilmember Spring

Recommendation:  Request the City Manager report on the time table for construction of the downtown restrooms in the Center Street Garage and update the Council on the grant requests for funding the opening of Strawberry Creek.

Contact:  Dona Spring, Councilmember District 4, 644-6266

Action:  Approved recommendation.

 

29.       ADA Training for Police Department

            From:  Councilmember Spring

Recommendation:  Direct the City Manager to 1) arrange for ADA (American Disability Act) training and sensitivity to disability issues within the Police Department; 2) direct the Office of Economic Development to assist Berkeley businesses in any way possible to know that they comply with the ADA; and 3) report back to the Council regarding progress in this area.

Contact:  Dona Spring, Councilmember District 4, 644-6266

Action:  Approved recommendation as revised by Councilmember Spring to include Disability Commission in the training. 

 

   30.    Fee Waiver:  Indigenous People's Day  
            From:  Councilmembers Worthington and Spring

Recommendation:  Adopt a Resolution approving exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Shattuck Avenue (south of University Avenue) inviting people to attend the annual Indigenous People’s Day Celebration on October 7, 2000 at Civic Center Park.  Also, that Council support a proclamation for Indigenous People’s Day.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

Action:  Adopted Resolution No. 60,750-N.S.

 

31.       Declaration of Berkeley 2000 from the First Redwood-Sequoia Congress

            From:  Councilmember Worthington

Recommendation:  Adopt a Resolution for Declaration of Berkeley 2000 from the First Redwood-Sequoia Congress to the United States Government and to the United Nations.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398

Action:  Adopted Resolution No. 60,751-N.S.

32.       Oppose Proposition 38 - National Average School Funding Initiative

            From:  Councilmember Worthington

Recommendation:  Oppose Proposition 38 "The National Average School Funding Guarantee and Parental Right to Choose Quality Education Amendment" which will be on the November ballot.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398

Action:  Approved recommendation.

 

33.       Active Lift Teams for Alta Bates

            From:  Commission on Disability

Recommendation:  Direct the City Clerk write a letter to Alta Bates Hospital to request re-establishing active lift teams on duty 24 hours a day, seven days a week; and that the lift teams be adequately trained.

Contact:  Virginia Vafa, Secretary, 665-3440

City Manager Report: 

Recommendation:  The City Manager concurs with the recommendation of the Commission.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Approved recommendation.

 

34.       Living Wage for Paratransit Drivers

            From:  Commission on Disability

Recommendation:  Direct the City Clerk write to AC Transit supporting the Living Wage for paratransit drivers with copies to Chris Zook, President of Amalgamated Transit Union Local 192, and BART.

Contact:  Virginia Vafa, Secretary, 665-3440

City Manager Report

Recommendation:  The City Manager concurs with the recommendation of the Commission.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Approved recommendation.

 

35.       Naturalization for Person with Disabilities

            From:  Commission on Disability

Recommendation:  Direct the City Clerk write a letter to Immigration and Naturalization Services, U.S. Representative Barbara Lee, Senator Dianne Feinstein, Senator Barbara Boxer, and President Clinton to grant U.S. citizenship to Vijai Rajan without requiring the Oath of Allegiance.

Contact:  Virginia Vafa, Secretary, 665-3440

a.         City Manager Report

Recommendation:  The City Manager takes no position concerning the recommendation of the Commission.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Approved recommendation.

 

Action Calendar

 

Old Business:

 

36.       Housing Code Amendment - Gas Heating Appliances (withdrawn by City Manager and held over from July 25)

From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.40.040, Berkeley Housing Code, to add subsection 701.4 - Hazardous Conditions, to ensure the proper functioning of gas heating appliances in residential units.

Contact:  Stephen Barton, Housing, 665-3481

Action:  Held over to a meeting in November by the City Manager with an information report to be forthcoming prior to that meeting to include concerns raised by Councilmember Maio and Mayor Dean.

 

37.       Berkeley Alliance (removed from Consent Calendar by Councilmember Shirek and held over from July 25)

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to serve as the City representative on the Berkeley Alliance Executive Committee and appoint three representatives as members to the Board of Directors.

Contact:  James Keene, City Manager, 644-6580

Action:  Moved, seconded, carried (Maio/Spring) to adopt Resolution No. 60,752-N.S. amended by Councilmember Worthington to provide for a one year trial period of the Committee and with the understanding that policy decisions would come before the Council for approval.

 

38.       Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (CR 99-116) (removed from Consent Calendar by Councilmember Worthington and held over from June 20, June 27, July 11, July 25)

From:  City Manager

Recommendation:  Postpone action on approving a "no trucks" restriction along the Claremont, Belrose, Derby and Warring corridor until the effectiveness of enhanced police enforcement is determined.

Contact:  Rene Cardinaux, Public Works, 665-3460
Actions:  Considered with Item 39. Moved, seconded, failed (Armstrong/Olds; Noes - Breland, Spring; Abstain - Worthington; Absent - Maio, Shirek) to approve the recommendation in Item 39, a "no trucks" restriction and to study a 3-ton truck limitation for the rest of the Derby Corridor.
Moved, seconded, carried ( Spring/Breland; Noes – Armstrong, Olds, Dean; Abstain - Woolley) the main motion to approve the City Manager's recommendation to postpone approving a “no truck” restriction and to include evaluation of the rest of Derby Street for a 3-ton limitation in the LeConte neighborhood.  Councilmember Armstrong stated for the record that she voted "no" because she is in favor of a no truck policy.

  

39.       Truck Traffic on Claremont, Belrose, Derby and Warring Corridor (held over from July 25) 
           
From:  Mayor Dean

Recommendation:  Approve a "no trucks" restriction along the Claremont Blvd., Belrose, Derby and Warring corridor, effective upon the completion of the College Avenue repaving project.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Considered with Item 38.

 

40.       Regulation of Indoor Entertainment Events (held over from May 23, June 13, June 27, July 11, July 25)

            From:  City Manager

Recommendation:  Adopt first reading of ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events and adopting a new Chapter 13.46 regulating indoor entertainment events.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Moved, seconded, carried (Worthington/Armstrong; Absent - Shirek) to remove the item until a future meeting in October and to give the Mayor time to meet with staff to discuss her issues related to this item.

 

41.       Community Action Commissioner Appointment Retention; Policy for Religious Holidays (removed from Consent Calendar by Mayor Dean and held over from July 25)

            From:  Councilmember Worthington

Recommendation:  Allow Human Welfare and Community Action Commissioner Estelle Katz to retain her appointment to the Commission without interruption because of the unusual circumstances which caused her to be removed.  Request the City Attorney make a recommendation for a policy addressing holidays of all religions for commissions and City meetings.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398

Action:  Moved, seconded, carried (Maio/Armstrong; Absent - Shirek) to hold over the item to a future meeting to give Councilmember Worthington and Mayor Dean time to meet with staff to develop policy language regarding religious holidays.  The portion of the recommendation related to Ms. Katz’ appointment was withdrawn as the issue is moot. 

           

42.       Improved Working Relationships (no report) (removed from Consent Calendar by Councilmember Maio and held over from July 25)

            From:  Councilmember Maio

Recommendation: Improve working relationships with staff and Council.

Contact:  Linda Maio, Councilmember District 1, 644-6359

Action:  Withdrawn by Councilmember Maio.

 

43.       Councilmembers to Talk and Listen to Constituents About Appealable Matters

            From:  Councilmember Breland(removed from Consent Calendar by Councilmember Olds and held over from July 25)

Recommendation:  Request the City Attorney explore ways to amend or eliminate Rule I, Section F, part a. of the recently adopted Council Rules of Procedures and Order which prohibits Councilmembers from discussing or listening to the discussion of the facts of any matter where a public hearing would normally be required.

Contact:  Margaret Breland, Councilmember District 2, 644-6400

Action:  Moved, seconded, carried (Breland/Maio) to direct the City Attorney to propose language to amend and/or repeal Council rules and City ordinances that prohibit councilmembers from talking with members of the public and to amend and/or repeal City rules and ordinances that prohibit councilmembers from attending public meetings on matters that may be appealed to the Council from the Housing Advisory Commission, Landmarks Commission, Planning Commission and Zoning Adjustments Board. Mayor Dean stated for the record that she was voting yes but her interest was in allowing councilmembers to attend public meetings where these matters may be discussed.

 

44.       Automatic Public Toilets in Commercial Districts; Removal of Billboards (removed from the Consent Calendar by Councilmember Woolley and held over from July 18, July 25)

            From:  Councilmembers Breland, Maio, and Worthington

Recommendation:  Refer to the City Manager a proposal to install two Adshel automatic public toilets in commercial districts and the removal of billboards within the city limits in exchange for a billboard along I-80.

Contacts:  Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398

Action:  Moved, seconded, carried (Breland/Maio; Noes - Armstrong, Olds, Woolley, Dean) to refer to the City Manager all proposals to install automatic public toilets and review proposals for removal of billboards.

 

45.       Annual Berkeley Transit Pass (held over from April 4, April 11, May 9, May 23, June 13, June 27, July 11, July 25)

            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

Actions:  Moved, seconded, failed (Worthington/Spring; Noes - Olds, Woolley, Dean; Abstain - Armstrong, Maio) a substitute motion to refer the matter to the Transit Subcommittee of the Transportation Commission to see if they desire to take this matter up.   

Moved, seconded, carried (Armstrong/Olds; Noes - Breland, Shirek, Worthington; Abstain - Spring) a main motion to adopt Resolution No. 60,753-N.S. approving the recommendation amended to: 1) include  Councilmember Maio to the Task Force, 2) to contact the Transit Subcommittee of the Transportation Commission to determine if they are interested in participating, and 3) to develop a funding strategy as the first order of business.

 

            46.       Robotic Parking at Center Street Garage (Removed from the Consent Calendar by Councilmember Worthington and held over from May 23, June 13, June 27, July 11, July 25)

            From:  Mayor Dean

Recommendation:  Request the City Manager investigate the feasibility of converting the Center Street Garage into a robotic parking facility financed by means of a self-supporting bond and with financial contributions from other parking beneficiaries, and report back to the Council within sixty days.

Contact:  Shirley Dean, Mayor, 644-6484
Actions:  Moved, seconded (Armstrong/Olds) a main motion to approve the recommendation. 

Moved, seconded, carried (Worthington/Spring; Noes - Armstrong, Olds, Woolley, Dean) to refer the matter to the Transportation Commission and until such time as the Transportation Demand Study is considered by Council

 

47.       Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed from the Consent Calendar by Councilmember Armstrong and held over from July 11, July 25)

            From:  Peace and Justice Commission

Recommendation:  Adopt a Resolution requesting the Los Angeles District Attorney drop all charges against Sara Jane Olson (aka) Kathleen Ann Soliah), and for Judge James Ideman to dismiss all charges to end a vindictive prosecution; and request Governor Gray Davis to pardon Sara Jane Olson (aka Kathleen Ann Soliah) during her period of alleged activities with and on behalf of the Symbionese Liberation Army, so this turbulent period can finally be put to rest.

Contact:  Manuel Hector, Secretary, 665-6880

            a.         City Manager Report

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

Contact:  Fred Medrano, Health and Human Services, 665-6879

b.         From: Peace and Justice Commission

Recommendation:  Withdraw the matter until a future meeting when the Commission will be presenting additional information.
Contact:  Manuel Hector, Secretary, 665-6880
Action:  Removed from the agenda as recommended by the Peace and Justice Commission.

New Business:

 

48.       Voting Delegates, Congress of Cities

            From:  City Manager

Recommendation:  Designate a voting delegate and alternate to act on behalf of the City at the Annual Business Meeting at the National League of Cities' Congress of Cities and direct the City Clerk to transmit the names of the delegates to the League no later than October 13, 2000.

Contact:  Sherry Kelly, City Clerk, 644-6480

Action:  Moved to Consent Calendar by Councilmember Olds.  Directed the City Manager to designate a staff member as delegate and alternate until it is determined which Councilmembers will attend the League session.

 

49.       Fee Waivers - Fall and Winter Lunchtime Concert Series

            From:  Mayor Dean

Recommendation:  Approve waiver of all fees, in the amount of $3,720, for Downtown Berkeley's Fall and Winter Lunchtime Concert Series sponsored by the Downtown Berkeley Association.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Moved to Consent Calendar by Councilmember Olds and adopted Resolution No. 60,754-N.S.

 

50.       Tax Incentives for Landlords of Section 8 Tenants

            From:  Mayor Dean

Recommendation:  Request our Federal and State representatives to introduce legislation to provide tax incentives at the Federal and State levels for owners of rental property who rent to Section 8 tenants.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Moved to Consent Calendar by Councilmember Olds and approved the recommendation amended by Councilmember Worthington to include the words “or support”. 

 

51.       Buy Berkeley (to be delivered)

            From:  Mayor Dean and Councilmember Breland

Recommendation:  Refer to the City Manager the development of a Buy Berkeley campaign which is to be in place by the end of the calendar year.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Moved to Consent Calendar by Councilmember Olds and approved recommendation amended by Councilmember Worthington to eliminate “to be in place by the end of the year” and to add Councilmember Breland as a co-sponsor.

 

52.       Undergrounding Utilities (to be delivered)

            From:  Mayor Dean

Recommendation:  1) Consider this status report on undergrounding utilities; 2) formalize the appointment of Councilmember Woolley to the Council Committee on Undergrounding Utilities; and 3) make a replacement appointment for Councilmember Woolley on December 5, 2000.

Contact:  Shirley Dean, Mayor, 644-6484
Actions:  Mayor Dean revised the item to eliminate Recommendation #1.  Moved, seconded, (Armstrong/Olds) to approve Recommendations #2 and #3.

Moved, seconded, carried (Worthington/Breland) to approve a substitute motion to adopt Resolution No. 60,755-N.S. (Absent – Olds, Shirek) approving the appointment of Councilmember Woolley through November 30, 2000 and adopt Resolution No. 60,756-N.S. (Noes – Armstrong; Absent – Olds, Shirek) to approve the appointment of Councilmember Worthington as a replacement appointment effective December 1, 2000 through November 30, 2001.

 

53.       Council Agenda Management Problems (to be delivered)

            From:  Mayor Dean

Recommendation:  Request the City Manager schedule a special meeting at which the whole Council can spend sufficient time to review agenda problems, to review specifically the previously submitted proposals from Auditor Hogan, Councilmember Breland and Mayor Dean, as well as any new proposals which may be submitted prior to the special meeting; Council to review complaints from Commissions regarding delay of items submitted and the process and timeline for submission of such items; the City Manager to report to the Council on questions of staff work load disruption and financial implications of Council-submitted items and make any recommendations to consider at the special meeting.

Contact:  Shirley Dean, Mayor, 644-6484

Action:  Held over to September 26, 2000.

 

Information Reports

 

54.       Policy on Pesticides, Diazinon and Chlorpyrifos

            From:  City Manager

            Contact:  Fred Medrano, Health and Human Services, 665-6879

            Action:  Received and filed.

 

55.       Public Health Nursing

            From:  City Manager

            Contact:  Fred Medrano, Health and Human Services, 665-6879

            Action:  Received and filed.

 

56.       Landmarks Preservation Commission Notices of Decision Regarding 2418
            California Street, 1960 San Antonio Avenue, 1099 Ashby Avenue, 2271
            Shattuck Avenue, 2109 Shattuck Avenue, and 2606 Dwight Way

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8108

            Action:  Received and filed.

57.       Grant:  Tuberculosis Control Program

            From:  City Manager

            Contact:  Fred Medrano, Health and Human Services, 665-6879  

            Action:  Received and filed.

 

58.       Rejection of Marine Corps Pre-Deployment Training Exercise

            From:  Mayor Dean

            Contact:  Shirley Dean, Mayor, 644-6484

            Action:  Moved to Action Calendar by Councilmember Worthington and then moved
            to Consent Calendar to adopt the policy recommendations contained in the report.

 

Communications

 

Action:  The following communications were read, noted and filed unless referred to the City Manager for a response:

 

1.         Richard Robbins, Wareham Development, re West Berkeley Building Acquisition Fund.  Dean

 

2.         Roger Van Ouystel, re northside parking.  Dean

 

3.         Barbara Boxer, United States Senator, re acknowledgement of Council letter about price of prescription drugs in the Medicare program.

 

4.         Dwight Steele and Norman La Force, Citizens for the Eastshore State Park, re use of Conservancy grant funds by CESP.  Olds, Worthington, Dean

 

5.         John Kelly, re proposed ban on alcohol sales in parks.

 

6.         Re:  Congregation Beth El Project, 1301 Oxford:

a. Joanne Backman

b. Michelle and Picra Segre

c. Susan Helmrich, PhD & Richard Levine, MD

d. Albert and Marian Magid

e. Susan and Mike Austin

f. Karen Kaufman, PhD

g. Henry Hoexter

h. Steve and Joan Ominsky

i. Bonnie and David and Sam Roditti

j. Alex Bergtraun, AIA

k. Jennifer Krebs

1. Edith Reimann

m. Pauline Hale

n. Susan and Hilda Amdur

o. Maurice Obstfeld

p. Merle and Michael Fajans

q. Susan Levine and Richard Hill

r. Scott Spear

s. Diane Bernbaum, Director, Midrasha

t. Arthur S. Goldman

u. Abby Alkon

v. Jonathan Leonard

w. Pam and Mike Crane

x. Margaret R. Karp, MD

y. John G. Rosenberg, MD, MPH, Diane Gerstler, L.C.S.W.,

z. Leigh Marymor, Co-Chair, Bay Area Rock Art Research Association

aa. Barbara and Steven Segal

bb. Niloufar & Jahandar Yadegar

cc. Susan and Jeffrey Brand

dd. Nancy Tieburg

ee. Diane A. Tokugawa

ff. Joan Bradus and Dale Friedman

gg. David Theis and Sarah Royce, Ann Martin Children's Center

hh. Laura Goldman and Jacob Ofman.

ii.   Caroline D. Avery and Jon S. Tigar

jj.   Michael Edwards

kk. LaVonne D. Niccolls, First Presbyterian Church of Berkeley

ll.   Carol Connolly

mm.Ruth L. Jennings

nn.  Carol Vertel

oo.  Mary Ann Leff

pp.  Vivian Clayton

qq.  Sandra Blair

rr.   Jacalyn Mahler

ss.  Eileen Van Soelen

tt.   Bob Mackay

uu.  Howard Pollick, Linda Strean and Family

vv.  Camilla Sutter

ww. Juan, Elizabeth and Sofia Espinoza

xx.  Tamara J. Uecker and Christopher C. Ohman

yy.  Gloria Frym

zz.  Jonathan Polland

aaa. Linda Press Wulf and Dr. Stanley Wulf

 

7.         Edward L. Bennett, Citizens for the Eastshore State Park, re Berkeley Waterfront Plan.  Olds, Worthington, Dean

 

8.         Dianne Feinstein, United States Senator, re acknowledgement of Council letter about ban of the chlorpyrifos pesticide.

 

9.         Re:  2700 San Pablo Avenue

a.  Howie and Connie Muir

b.  Rosemary Vimont

c.  Rosemary Vimont

d.  Howie and Connie Muir

 

10.       Charlie Oh; Karen Hipkins; George Bibbins, re 2472-2478 Virginia Street.

 

11.       Lic. Leonor Ortiz Monasterio, Palacio National, Mexico, re acknowledging letter from Council about safety and security of foreign observers, tourists and indigenous groups in Chiapas, Mexico.

 

12.       Elizabeth DuVal, re General Plan.

 

13.       Wendy Martin, two letters re customer services.  Maio, Spring, Worthington, Dean

 

14.       Sanne DeWitt, re vandalism at Fairlawn and Columbia Circle.  Maio, Dean

 

15.       Sanne DeWitt, re cars at Fairlawn and Columbia Circle.  Maio, Dean

 

16.       Barbara Lee, U.S. Congresswoman, re acknowledgement of Council letter concerning organophosphate pesticides.

 

17.       Barbara Lee, U.S. Congresswoman, re acknowledgement of Council letter concerning Downed Animals Protection Act.

 

18.       Mildred Williamson, re public agency retirement pension increase.

 

19.       Marilyn Schaff, Deputy Director/Chief Counsel, Department of Motor Vehicles, reacknowledgment of Council letter to Governor concerning Dare v. State of California Department of Motor Vehicles.

 

20.       Ann Kantor, Quilts Group, re historical quilt for Berkeley.

 

21.       Committee of Concerned Seniors Who Love Bingo and Want to Keep the Games Fair, Ethical and Honest, re Gilman Street Bingo Hall.  Spring

 

22.       Charles L. Smith, re Rocky Road article of August 11, East Bay Express.

 

23.       Honorable Barbara Lee, Congresswoman, re response to Council letter concerning HR40.

 

24.       Philip Armstrong, Federal Facilities Coordinator, Superfund Site Assessment Program, U.S. Environmental Protection Agency, re: Lawrence Berkeley National Laboratory.

 

25.       Robert Branstad, Manager, Berkeley Asphalt Company, response to letter of July 17, 2000 by Vivian Kahn, Acting Deputy Director of Planning, and letter of June 5, 2000 by Linda R. Brownstein.

 

26.       Mayor pro tem David Truax, re:  The Body of Christ in 2000 meeting on September 6.

 

27.       Edward J. Denton, AIA, Vice Chancellor-Capital Projects, University of California Berkeley, re:  Seismic Replacement Building (SRB 1) at the Oxford Tract.

 

28.       Patrick Kennedy, re:  Urbanism.

 

29.       Gene Bernardi, Committee to Minimize Toxic Waste, re:  Melvin Calvin and Donner Labs and the Life Sciences Facility at the Berkeley Aquatic Park.  Worthington

 

30.       Kenneth Sarachan, re: relocation of Wooley House at 2509 Haste Street.  Worthington, Dean

 

31.       Miguel Mayzes, re: 2645 San Pablo Avenue.  Maio, Worthington, Dean

 

32.       Patrick Kennedy, Panoramic Interests, re:  lack of space in Bay Area.

 

33.       Gene Bernardi, Committee to Minimize Toxic Waste, re:  appeal of DTSC’s approval of LBNL/s request for Class I and Class II modifications.  Worthington

 

34.       Anne Marselis, re:  2732 College Avenue.

 

35.       James Lissner, Manhattan Beach, re:  charges for Xeroxes of documents.  Worthington, Dean

 

36.       Ella Wiley, President, Board of Directors, Black Repertory Group

 

37.       Patrick Kennedy, Panoramic Interests, re: housing crisis.

 

 

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

 

Item 3 -  Minutes for Approval
38.       City Manager, revision to July 11, 2000.  

 

Item 8 - Contract:  Council Chamber Renovations

39.       Councilmember Spring, revised recommendation.

 

Item 9 - Contract:  New Fire Station

40.       Neighbors for Fire Safety, petition with 290 signatures.  

 

Item 18 - Living Wage Ordinance, Marina Zone (CR #2000-120)

43.       City Manager, supplemental report.  

Item 25 - Earthquake Preparedness

41.       Mayor Dean, revised recommendation.  

 

Item 29 - ADA Training for Police Department

42.       Councilmember Spring, revised recommendation.  

 

Item 52 - Undergrounding Utilities

44.       Mayor Dean, revised recommendation.

 

COMMUNICATIONS/REPORTS

RECEIVED AT THE MEETING

 

Item 47 - Pardon:  Sarah Jane Olson (AKA Kathleen Ann Soliah)

45.       Peace and Justice Commission, revised recommendation.

 

Adjournment

 Action:  Moved, seconded, carried (Worthington/Spring) to extend the meeting until 11:30 p.m. to complete specific agenda items.  Meeting adjourned at 11:15 p.m.


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