SUMMARY
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
OCTOBER 10, 2000
Preliminary
Matters
Roll
Call: 7:07
p.m. All present.
Ceremonial
Matters:
Recognition of Dragon Boat Team.
Proclamation - Breast Cancer Awareness Month
Proclamation - Indigenous Peoples Day
Proclamation – National Coming Out Day
Actions: Presented
proclamations and awards.
Comments
from the City Manager:
·
The City is participating in the County Early Voting
Program; residents can vote in the City Clerk's office through November 3.
·
The General Plan draft has been released for public review
and comment; meetings will be held on October 25 and November 8 for public
responses.
·
The employee held on August 26 was a huge success with over
600 employees, family and friends attending.
Comments
from the Public: Ten
speakers.
Youth
Forum: No speakers.
Consent
Calendar
Action:
Moved, seconded,
carried (Breland/Worthington) to adopt the Consent Calendar in one motion
except as indicated.
1.
Needle Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the
continued existence of a local emergency with regard to HIV transmission
from use of HIV-infected needles among injection drug users, and
authorizing the 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. 60,787-N.S.
2.
Minutes for Approval
From: City Manager
Recommendation: Approve
the minutes for Council
meetings of: a) September
12, 2000 (special closed); b) September 12, 2000 (regular); c) September
19, 2000 (regular); d) September 26, 2000 (special closed) and e)
September 26, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved
minutes.
3.
East Bay Municipal Utility District Permit to Connect to
Sanitary Sewer (first reading vote:
unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance adding Section 17.16.020
to the Berkeley Municipal Code (BMC) to include a reference to the
existing authority under East Bay Municipal Utility District (EBMUD)
Ordinance 311 which requires businesses and industries to obtain a permit
from EBMUD prior to connecting to the sanitary sewer for all such entities
located in the City of Berkeley.
Contact: Rene
Cardinaux, Public Works, 665-3460
Action: Adopted second reading of Ordinance No. 6587-N.S.
Effective: November 9,
2000.
4.
Updated Conflict of Interest Code
From: City Manager
Recommendation:
Adopt a Resolution adopting a revised Conflict of Interest Code
for the City and rescinding Resolution No. 60,306-N.S. (1999 Conflict of
Interest Code.)
Contact: Sherry Kelly, City Clerk, 644-6480
Action:
Adopted Resolution No.
60,788-N.S.
5.
Contract: Furniture
Move into the New Public Safety Building
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
purchase order with Cor-O-Van to provide moving services for the Public
Safety Building, in an amount not to exceed $59,230.
Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution No.
60,789-N.S.
6.
Communications Tower Study
From: City Manager
Recommendation:
Adopt a Resolution approving the procedures which include 1)
citizen involvement in the establishment of the consultant's scope of
work, the requests for qualification (RFQ) criteria, the selection of the
consultant, and the review of the consultant's final report; 2)
authorizing the City Manager to proceed with the preparation of the RFQ;
and 3) directing the City Manager report back to Council with the RFQ
document prior to issuance.
Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Withdrawn by the City
Manager.
7.
Cable Television Rates and Charges
From: City Manager
Recommendation:
Adopt a Resolution taking no action on the cable television
rates that AT&T Cable Services can charge for the Basic Service Tier
and equipment and installation, effective June 1, 2000.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Adopted Resolution No.
60,790-N.S. and amended by Mayor Dean to direct the City Manager to write
to AT&T informing them of the reason for Council’s action and to
direct the City Manager to send letters to Senators Feinstein and Boxer
and the League of California Cities asking what cities can do when they
have little authority in the setting of rates and charges.
8.
Contracts: HIV
Prevention and Education
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
contracts and any amendments with the Berkeley Public Education
Foundation, the California Prevention and Education Project, Catholic
Charities, the Pacific Center for Human Growth and the Women's Daytime
Drop-in Center, in amounts not to exceed $24,900, $23,500, $12,000,
$23,500 and $24,930, respectively, for HIV prevention and education
services for the period July 1, 2000 to June 30, 2001.
Contact: Fred Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution No.
60,791-N.S.
9.
Grant: Breastfeeding
Program Expansion
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to accept a grant in the amount of $500,000
from the California Endowment, CommunitiesFirst program, to expand the
City of Berkeley Breastfeeding Peer Counselor program for the period
October 1, 2000 through September 30, 2003, and to execute the resultant
agreement and any amendments.
Contact: Fred Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution No.
60,792-N.S.
10.
Contract: Food
Services for Tuolumne Family Camp
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with SYSCO Food Services, Inc., for the
provision of food services to the Tuolumne Family Camp, to increase the
amount by $40,000 for a total not to exceed $215,00.
Contact: Fred Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution No.
60,793-N.S. (Abstain -
Councilmember Spring)
11.
Grants and Contract: Sustainable
Building
From: City Manager
Recommendation:
Adopt two Resolutions: 1) authorizing the City Manager to
submit grant applications to the California Integrated Waste Management
Board for all available grants under the California Integrated Waste
Management Act and to execute any resultant agreements, amendments,
contracts and requests for payment; and 2) authorizing the City Manager,
upon receipt of sufficient grant funds, to negotiate a scope of services
and execute a sole source contract and any amendments with the Green
Resource Center, in the amount of $57,025, to provide personalized green
building technical assistance for the architectural and building
communities within San Francisco, Oakland and Berkeley.
Contact: Bill Lambert, Economic Development, 705-8180
Action:
Adopted Resolution No.
60,794-N.S. and
Resolution No. 60,795-N.S.
12.
Agreement: Hazardous
Materials Emergency Planning Grant
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept and
appropriate grant funds in the amount of $22,995 from the Governor's
Office of Emergency Services (OES) to reimburse costs to be incurred by
the Toxics Management Division (TMD) of the Planning and Development
Department, and other participating departments, for the Comprehensive
Emergency Planning and Training Project.
Contact: Wendy Cosin, Planning and Development, 705-8108
Action: Adopted
Resolution No. 60,796-N.S.
13.
East Bay Million Family Celebration Day
From: Councilmember
Breland
Recommendation:
Approved a Proclamation for the East Bay Family Celebration
scheduled for October 16, 2000.
Contact: Margaret
Breland, Councilmember District 2, 644-6400
Action: Approved
recommendation.
14.
October "Stop Cancer Where It Starts" Month
From: Councilmembers
Breland and Worthington
Recommendation:
Adopt a Resolution establishing October as "Stop Cancer
Where It Starts" month.
Contact: Margaret Breland, Councilmember District 2, 644-6400; Kriss
Worthington, Councilmember District 7, 644-6398
Action:
Removed from the Consent
Calendar by Councilmember Armstrong.
Moved, seconded, carried (Worthington/Breland) to approve
Resolution No. 60,797-N.S. amended to add the following paragraph to the
Resolution: "Whereas,
radioactive materials are linked to cancer and reproductive harm and their
unnecessary use in reproductive health should be discouraged"; and to
revise a section to read: “Therefore, the City of Berkeley shall develop
a proposed ordinance to eliminate PVC medical products, among other
hazardous products, wherever possible with safer alternatives as a
condition of hospital operations”; and to direct staff to return with a
timeline for drafting the ordinance.
15.
Accessibility Issues in 2180 Milvia Retrofit
From: Councilmember
Spring
Recommendation:
Request the City Manager work with a committee of people versed
in accessibility issues on the interior of the 2180 Milvia retrofit.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by the City Manager.
Moved, seconded, carried (Spring/Maio) to refer accessibility
issues to the Commission on Disability (Unanimous) and to direct the City
Manager to come back with costs of leveling the floors and putting
hardwood floors in the conference rooms on the 5th and 6th
floors and the copier work area of the 5th floor (Noes –
Olds; Abstain - Armstrong).
16.
Business License Tax on Small Property Owners
From: Councilmember
Spring
Recommendation:
Request the City Manager waive penalties and interest on
owner-occupied rental properties of four units and smaller that were not
sent business license fee notices by the City in 1998 and 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Item revised by Councilmember Spring. Removed from the Consent Calendar by Councilmember Olds.
Moved, seconded, carried (Olds/Armstrong) to direct the City
Manager to waive the penalty and interest for the period 1997, 1998 and
1999 on rental properties of three and fewer units on one parcel when the
owner owns no other properties in the City of Berkeley and has not had a
business license in the past for the same purposes.
17.
Peace and Justice Commission Review of Contracts with University
of California
From: Councilmember
Spring
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 University, 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, 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 provide a rationale to the Council in keeping with the
purposes of the Nuclear Free Act for repeated annual review of waivers of
the Nuclear Free Berkeley Act for contracts with the University of
California; and (b) that Council-approved reviews of waivers 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.
Contact: Dona Spring, Councilmember District 4, 644-6266
Actions:
Moved, seconded
(Spring/Worthington) the main motion to approve the recommendation as
revised by Councilmember Spring.
Moved,
seconded, carried (Armstrong/Shirek; Noes - Breland, Spring, Woolley,
Worthington) a substitute motion to hold this matter over to a future
meeting at the request of the City Manager.
18.
Number Dispensers at the Berkeley Post Offices
From: Councilmember
Armstrong
Recommendation:
Formally petition the Postal Service to return the number
dispensers to the Berkeley post offices so that customers are not forced
to stand in long lines while waiting for service.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Approved
recommendation.
19.
Move Public Comment to Beginning of Agenda
From: Councilmember
Worthington
Recommendation:
Modify the Rules and Procedures for City Council to move the
thirty minutes of public comment before ceremonial items and comments from
City Manager to the beginning of the Council agenda.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Armstrong.
Moved, seconded, carried (Armstrong/Worthington; Noes - Dean) to
refer the matter to the Council Subcommittee on Rules of Governance.
20.
National Coming Out Day October 11, 2000
From: Councilmember
Worthington
Recommendation:
Support a Proclamation for National Coming Out Day on October
11, 2000 in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved
recommendation and presented Proclamation.
21.
Proclamation Honoring Congressman Ronald V. Dellums
From: Mayor Dean and
Vice Mayor Shirek
Recommendation:
Approve a Proclamation honoring Congressman Ronald V. Dellums,
to be presented by the Mayor at the October 25 dedication of the Ronald V.
Dellums Federal Building in Oakland.
Contact: Shirley Dean, Mayor, 644-6484
Action: Removed from the Consent Calendar by Councilmember
Worthington. Moved, seconded,
carried (Worthington/Breland) to add Vice Mayor Shirek as co-sponsor of
the item and to hold over to October 17, 2000.
22.
Proclamation - Domestic Violence Awareness Month
From: Mayor Dean
Recommendation:
Approve presentation of a proclamation on Domestic Violence
Awareness Month at the October 17 Council meeting which is a public
hearing meeting.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved
recommendation. Proclamation
to be presented October 17, 2000.
23.
Animal Care and Control
From: Mayor Dean
Recommendation:
1) Approve a communication from the City of Berkeley to the
Commission on State Mandates supporting a ruling in their procedure CSM
98-TC-11 that the Hayden legislation, which attempt to end the euthanasia
of adoptable and treatable animals, constitutes a state mandated
reimbursable program and service; 2) approve attendance at the proposed
October 26, 2000 public hearing on this subject to present the approved
City position by one or more representatives from the Council who serve on
the Animal Care and Control Task Force (Dean, Olds, Spring); and 3)
request the City Manager provide the City financial data necessary to
support the City's communication to CSM, and also follow up on these
hearings and position the City so as to obtain all possible reimbursement.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.
24.
Vindictive, Discriminatory, Sexist and Racist Prosecutions
From: Councilmember
Woolley
Recommendation:
Adopt a Resolution: a) requesting the U.S. Attorney General and
all officers of the U.S. courts discontinue: 1) all forms of racial,
sexist, political and religious profiling in US law enforcement; 2) all
forms of "secret evidence" prosecutions, in which accused are
deported or held indefinitely, without charge, on the basis of evidence
withheld from the defendants, their attorneys and the public; 3) all uses
of conspiracy charges in political cases; b) request the Los Angeles
District Attorney drop all charges against Sara Jane Olson and request the
Governor of the State of California grant her a pardon; and c) urge our
national elected representatives and the Congress of the United States to
pass the pending legislation, H.R. 2121 and S. 3139 that would end the use
of secret evidence in deportation proceedings.
Contact:
Diane Woolley, Councilmember District 5, 644-6294
Action: Withdrawn
by Councilmember Woolley until November 14, 2000.
25.
Sanitary Sewer Program
From: Councilmember
Woolley
Recommendation:
Review and evaluate the City's current Sanitary Sewer Program
and solicit recommendations and possible courses of action from the Public
Works and Budget Commissions in order to be conversant with the state of
Berkeley's sewer system for future budgeting, planning and priority
setting: 1) Request the Public Works Commission review the current
Sanitary Sewer Program and its Master Plan and report back to Council
with: a) presentation on the City's Sanitary Sewer Program, including that
portion of the program mandated by the Federal Environmental Protection
Agency under a cease and desist order, b) recommendations on how to update
the Sewer Master Plan, and c) possible financial strategies for the Plan's
implementation; and 2) Request the Citizens Budget Review Commission to:
a) investigate and report back on the use of Sewer Funds loaned to the
General Fund, and b) recommend the amount of General Fund to be repaid to
the Sewer Fund.
Contact:
Diane Woolley, Councilmember District 5, 644-6294
Action: Removed from the Consent Calendar by Councilmember Spring.
Moved, seconded, carried (Spring/Maio) to hold this matter over to
November 14, 2000.
Action Calendar
Appeals:
26. Appeal
of Landmarks Preservation Commission Designation of 1960 San Antonio Road,
1984 San Antonio Road and 639 The Arlington, John Hopkins Spring Estate or
the Cora Williams Institute, as a Landmark.
a.
Appeal filed by Larry Leon, 1960
San Antonio Avenue.
b.
City Manager Report (to
be delivered)
Recommendation: Adopt
a Resolution affirming the decision of the Landmarks Preservation
Commission and dismissing the appeal.
Contact: Wendy
Cosin, Planning and Development, 705-8108
c.
Communications
1. Larry Leon
Contact: Sherry M.
Kelly, City Clerk, 644-6480
Action: Moved,
seconded, carried (Worthington/Armstrong; Abstain - Woolley) to adopt
Resolution No. 60,798-N.S. affirming the decision of the Landmarks
Preservation Commission and dismissing the appeal.
Old
Business:
Reports
and communications related to public hearings that were distributed to
Council when the issue was first heard are not included.
However, new material has been noted with an *.
27.
Assistance to East Bay Depot for Creative Reuse (held
over by Councilmember Maio from September 26)
From: Councilmember
Maio
Recommendation:
Direct the City Manager to provide assistance to the East Bay
Depot for Creative Reuse, on an emergency basis, in the form of a rent
guarantee, and develop the appropriate agreement between the City and the
Depot to ensure the City is at no risk.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action:
Moved to Consent Calendar by Councilmember Maio revised to
direct the City Manager to provide relocation assistance.
28.
Support Measure E – Peralta Community College District Bond
Measure (removed from the Consent Calendar by Councilmember Shirek
and held over from September 19 and September 26)
From: Councilmembers
Worthington and Spring
Recommendation:
Support Measure E which is on the November ballot contingent
upon Peralta Community College District enforceable written commitment to
the City of Berkeley to insure completion of a permanent Vista Community
College campus.
Contacts: Kriss Worthington, Councilmember District 7, 644-6398; Dona
Spring, Councilmember District 4, 644-6266
Action: Moved, seconded, carried (Worthington/Maio) to hold the
matter over to October 17, 2000.
29.
Pardon: Sarah Jane Olson (AKA Kathleen Ann Soliah) (Removed
from the Consent Calendar by Councilmember Armstrong and held over from
July 11, July 25, September 12.)
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
Action: Moved, seconded, carried (Worthington/Woolley; Noes -
Armstrong, Olds, Dean) to hold the matter over to November 14, 2000.
Information
Reports
30.
Energy Services for Small Commercial Businesses
From: City Manager
Contact: Stephen
Barton, Housing, 665-3481
Action: Received
and filed.
31.
Disaster Resistant Community Project Update
From: City Manager
Contact: Weldon
Rucker, Acting City Manager, 644-6580
Action: Received
and filed.
32.
Status Report: Downtown
Restrooms and Strawberry Creek Projects
(CR
2000-179)
From: City Manager
Contact: Rene
Cardinaux, Public Works, 665-3460
Action: Received
and filed.
33.
Request from Skates-on-the-Bay for Waiver from Provisions of the
Living Wage Ordinance
From: City Manager
Contact: Fran
David, Finance, 665-7401
Action: Received
and filed.
34.
Measure W - Parks Tax Information (CR 2000-178)
From: City Manager
Contact: Phil
Kamlarz, Deputy City Manager, 644-6580
Action: Received
and filed.
35.
Early Voting – October 10h Through November 3rd
From: City Manager
Contact: Sherry M.
Kelly, City Clerk, 644-6480
Action: Received
and filed.
Communications
Council
rules limit action on Communications to referral to the City Manager
and/or Boards and Commissions for investigation and/or recommendations.
1)
Re: Relocation of Congregation Beth El at 1301 Oxford St.,
Berkeley.
a)
Mary Ann Brewin Woolley, Breland
b)
Forward by Diane A. Tokugawa: Ann L.
Riley, Executive Director, Waterways Restoration Institute; Carol
Thornton, Chair, Board of Directors, Lisa Biani, Outreach Coordinator,
Urban Creeks Council of California; Bill Kier, Fisheries Ecologist, Kier
Associates; Patrick Rutten, Northern California Supervisor, Protected
Resources Division, U.S. Department of Commerce, national Oceanic and
Atmospheric Administration, Nation Marine Fisheries Service; Robert W.
Floerke, Regional Manager, Central Coast Region, Department of Fish and
Game; Karl Linn; the Live Oak Codornices Creek neighborhood Association,
(c/o Juliet Lamont) Woolley,
Breland
c)
Sarah Stadler
d)
Charlotte Fishman
2)
Leslie A. Levy, re:
abandonment of portion of Woodmont Avenue
Maio
3)
Lark Tittle, General Manager, Skates, re: Proposed amendment to
living wage ordinance
4)
Anne Marsalis, re: care of the grounds
at Saint John’s Presbyterian Church, 2727 College Ave., Berkeley Dean, Worthington
5)
Anne Marsalis, re: Recycling on College
Avenue Dean, Worthington
6)
Anne Marsalis, re: “Don’s Auto
Clinic”, College Avenue @ Parker Street
Dean
7)
Panoramic Interests, re: Housing for the
disabled Breland
8)
Berkeley Business Advocate article, published by Berkeley Chamber
of Commerce, re: ‘Parisian style’ solution to housing crisis
9)
HuangK, re: Measure Y
10)
Georgia Becker, re:
Undergrounding Woolley
11)
James Lissner, re: Cost of copies of
police reports Dean,
Worthington
12)
D. Sequoia, re: Proposed update of Berkeley
Conflict of Interest; inclusion of Citizens Humane Commission
Worthington
13)
Patrick Kennedy, re: ‘Parisian style’ solution to housing
crisis Breland
14)
Marcine Shaw, League of California Cities, President African
American Caucus, re: Membership outreach
Breland
15)
Petition signed by 18 members of Hotel Employees & Restaurant
Employees Union Local 2850, AFL-CIO, re: Living Wage to the Marina Zone
Breland
16)
Moises M. Carrasco, Regional Director, Seattle Regional Census
Center, re: Census addresses
17) John Vance (additional
pages available for review in the City Clerk’s office).
SUPPLEMENTAL COMMUNICATIONS
AND
AGENDA REPORTS
Item 16 - Business License Tax on Small Property
Owners
18.
Councilmember Spring, revised report.
Item
17 - Peace and Justice Commission Review of Contracts with University of
California
19.
Councilmember Spring, revised recommendation.
Item 25 - Sanitary Sewer Program
20.
Councilmember Spring, substitute motion.
Item 28 - Support Measure E - Peralta Community
College District Bond Measure
21.
Susan Duncan Worthington
Item 29 -
Pardon: Sarah Jane Olson (AKA
Kathleen Ann Soliah)
22.
Elliot Cohen, Peace and Justice Commission.
23.
Laura Cudier
Adjournments
Action:
Moved, seconded, carried (Spring/Olds; Noes - Worthington) to
extend the meeting to no later than 11:30 p.m.
The meeting
adjourned in honor of Judy Foster at 11:30 p.m.
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