Home

Elected Officials Departments and Services

Calendar & Local Links

Search

E-Mail

City of Berkeley Logo

City Council
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

Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.

Boards and Commissions

City Charter City Council Conflict of Interest

Domestic Partnership

Election Information

Records Online

Municipal Code & Zoning Ordinance

City Council
City Clerk
Ballot Measures
BERA
Campaign Info
Candidate Info
Commissions
Election Info
Records Online
Redistricting
Related Links
Downloads



SUMMARY
 
BERKELEY CITY COUNCIL REGULAR MEETING
 

TUESDAY, DECEMBER 5, 2000

 

Preliminary Matters

 

Roll Call:             7:08 p.m.     All present.

 

Ceremonial Matters: 

 

Swearing In of Councilmembers Elected on November 7, 2000

Introduction of Darryl Moore, New Trustee of Peralta Community College District

Proclamation: World AIDS Day

Proclamation: Longfellow School Day

Action:  Conducted swearing in of new Councilmembers, introduced Trustee Moore, and presented Proclamations.

 

Comments from the City Manager: 

Congratulated Councilmembers on their election and re-elections and welcomed new Councilmember Hawley.

The Public Works Department is the first in California and the fourth in North America to be awarded accreditation by the

Library Director Adelia Lines has resigned due to illness effective November 30.

 

Comments from the Public:  Nine speakers

 

Youth Forum:  Three speakers.

 

Consent Calendar

 

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

 

1.         Confirming Results of General Municipal Election (to be delivered)

From:  City Manager

Recommendation: Adopt a Resolution confirming the results of the November 7, 2000 General Municipal Election and confirming adoption of the following documents: 1) three Bond Measures - Measure P (Library Improvements Bond), Measure Q (Disaster Fire Protection Bond), Measure R (Warm Water Pool Facilities Bond); 2) six Ordinances - Measure S (Park Maintenance Tax), Measure T (Streetlight Tax), Measure U (Business License Tax), Measure V (Library Gann Reauthorization), Measure W (Parks Gann Reauthorization, Measure X (EMS Gann Reauthorization), Measure Y (Rent Eviction Controls); and 3) one Resolution - Measure Z (Low-Rent Housing Resolution).

            Contact:  Sherry M. Kelly, City Clerk, 644-6480

Action:  Adopted Resolution No. 60,850-N.S. confirming results; adoption of  Ordinance No. 6597-N.S., Ordinance No. 6598-N.S., Ordinance No. 6599-N.S., Ordinance No. 6600-N.S. Ordinance No. 6601-N.S. and Ordinance No. 6602-N.S. (Measures S, U, V, W, X, Y with Ordinances effective December 15, 2000) and Resolution No. 60,851-N.S. (Measure Z). Measure T did not pass.

 

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. 60,852-N.S.

 

3.         Regulation of Indoor Entertainment Events (first reading - unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.44 regulating indoor entertainment events (Ordinance No. 3289-N.S., as amended) and adopting a new Chapter13.46 regulating large indoor entertainment events.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:   Adopted Ordinance No. 6603-N.S.  Effective January 4, 2001.

 

4.         Certified Unified Program Agency (CUPA) Program

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to establish a new financial fund for the “Certified Unified Program Agency” program.

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

Action:  Adopted Resolution No. 60,853-N.S.

 

5.         Memorandum of Understanding: Oil Spill Incident Command and

            Management

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to sign the Memorandum of Understanding (MOU) between the State of California and the County of Alameda relating to Oil Spill Incident Command and Management.

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

Action:  Adopted Resolution No. 60,854-N.S.

 

6.         Contract: Geotechnical and Material Testing

            From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Signet Testing Labs, Inc. to provide geotechnical and material testing services for the Martin Luther King, Jr. Civic Center, Berkeley Public Library and other projects by increasing the contract amount by $150,000 for a new contract total not to exceed $650,000.

Contact:  Rene Cardinaux, Public Works, 665-7550

Action:  Adopted Resolution No. 60,855-N.S.

 

7.         Police Department Motorcycle Purchase

From:  City Manager

Recommendation:  Adopt a Resolution accepting the City of Concord’s bid procedures to satisfy the requirements of the Berkeley Charter Section 67 and authorizing a purchase order to McGuire Harley Davidson (of Walnut Creek in an amount not to exceed $102,900 for the purchase of six Harley Davidson motorcycles.

Contact:  Rene Cardinaux, Public Works, 665-7550

Action:  Adopted Resolution No. 60,856-N.S.

 

8.         Senior Building Inspector Classification

            From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 59,883-N.S., Classification and Salary Resolution for Local 535 Employees to adopt the classification of Senior Building Inspector and abolish classification of Senior Building Inspector (Housing, Electrical and Mechanical).

Contact:  Ron Brown, Human Resources, 665-7614

Action:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Breland/Maio) to adopt Resolution No. 60,857-N.S.

 

9.         Revenue Agreement:  Low-Income Energy Program

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a Low-Income Home Energy Assistance Program Emergency Contingency Funds )LIHEAP-ECF) revenue agreement and any amendments with the State Department of Community Services and Development in the amount of approximately $30,000 for the period November 15, 2000 through December 31, 2001, to provide bill payment assistance and weatherization assistance to eligible residents of Berkeley, Albany, and Emeryville.

Contact:  Stephen Barton, Housing, 665-3481

Action:  Adopted Resolution No. 60,858-N.S.

 

10.       Contract: High-Efficiency Traffic Signals

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Advanced Traffic Products for the purchase of high-efficiency light emitting diode (LED) green signals in amount not to exceed $47,000.

Contact:  Stephen Barton, Housing, 665-3481

Action:  Adopted Resolution No. 60,859-N.S.

 

11.       Fiscal Year 2001 Tax and Revenue Anticipation Notes

From:  City Manager

Recommendation:  Adopt a Resolution providing for the sale and issuance of Fiscal Year 2001 Tax and Revenue Anticipation Notes.

Contact:  Frances David, Finance, 665-7401

Action:  Adopted Resolution No. 60,860-N.S.

 

12.       Children’s Oral Health Program

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Alameda County Public Health Department for the provision of dental services, education and outreach to eligible elementary schools in Berkeley, in an amount not to exceed $50,000, for the period July 1, 2000 through June 30, 2001, and approving an advance payment of $25,000.

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

Action:  Adopted Resolution No. 60,861-N.S.

 

13.       Partnering with the University Avenue Association to Apply for a

            Transportation  for Livable Communities Capital Grant

            From:  Councilmembers Maio, Breland, Spring

Recommendation:  Partner with the University Avenue Association (UAA) to apply for a Transportation for Livable Communities (TLC) capital grant of up to $2,000,000 for streetscape improvements on University Avenue; appropriate $24,500 from the parks budget to hire a landscape architect to assist staff and the community in preparing the application; and commit to the required 11.5% local match funds for this purpose.

Contact:  Councilmember Linda Maio, District 1, 644-6359; Councilmember Margaret Breland, District 2, 644-6400; Councilmember Dona Spring, District 4, 644-6266

Action:  Combined with Item 17.  Approved recommendation.

 

14.       North American “Rio+10” Preparatory Conference

            From:  Councilmember Maio

Recommendation:  Request that the City Manager express an interest in the City hosting the North American “Rio+10” Preparatory Conference, acquire additional information, and report back before December 15th for possible action.

Contact:  Councilmember Linda Maio, District 1, 644-6359; Councilmember Margaret Breland, District 2, 644-6400; Councilmember Dona Spring, District 4, 644-6266

Action:  Withdrawn by Councilmember Maio in consideration of passage of Item 18.

 

15.       Fair Elections in Florida (to be delivered)

            From:  Councilmember Maio

Recommendation:  Because fair elections are essential to our democracy, it is requested that the Council go on record as expecting that a fair and democratic election be conducted in Florida, meaning that every vote should be counted; and as deploring irregular and illegal actions such as the one that occurred in Seminole County, Florida, wherein the Supervisor of Elections permitted only Republican party operatives to correct 4,700 Republican absentee ballot applications so they would not be thrown out; and that the Council take appropriate action to disseminate this position and encourage citizens, especially other elected officials and bodies, to take similar actions.

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

Action:  Added Councilmember Armstrong as co-sponsor.  Removed from the Consent Calendar by Councilmember Maio and held over to December 19, 2000.

  

16.       Development of the City’s Oxford Parking Lot

From:  Councilmembers Maio, Spring and Worthington

Recommendation:  Request that the Planning Commission establish a process to develop an RFP for the development of the Oxford site, that the City Manager assign the appropriate Planning and Housing Department staff to support this effort, and include a feasibility study on underground parking at the site by March, 2001.

Contact:  Councilmember Linda Maio, District 1, 644-6359; Councilmember Margaret Breland, District 2, 644-6400; Councilmember Dona Spring, District 4, 644-6266

            Action:  Approved recommendation.

 

17.       Transportation for Liveable Communities Grant Proposal

From: Mayor Dean

Recommendation: Request the City Manager work with the University Avenue Association (UAA) to apply for a Transportation for Liveable Communities (TLC) capital grant for streetscape improvements on University Avenue.

            Contact: Mayor Shirley Dean, 644-6484

Action:  Combined with item 13.  Approved the recommendation.  Councilmember Hawley requested that the City Manager work with AC Transit on the matter.

 

18.       International Council for Local Environmental Initiatives’ (ICLEI) North

            America  Preparatory Conference

From: Mayor Dean

Recommendation:  Request the City Manager reply to the inquiry of the International Council for Local Environmental Initiatives that the City of Berkeley agrees to host its North America Preparatory Conference and further that the Council request that representatives from the Community Environmental Advisory Commission, the Energy Commission and Manager-designated staff form a City Conference Liaison Committee to work with representatives of ICLEI regarding this matter.

Contact: Mayor Shirley Dean, 644-6484

Action:  Approved recommendation.

 

19.       Proclamation Honoring Peralta Community College District Trustee Tom

            Brougham

From: Mayor Dean

Recommendation:  Approve  the drafting by Mayor Dean of a proclamation from the entire Council honoring retiring Peralta Community College District Trustee Tom Brougham.

Contact: Mayor Shirley Dean, 644-6484

Action:  Approved recommendation.

 

20.       Prohibiting the Use of Skateboards, Rollerblades, Bicycles, Scooters, and

            Similar Devices During Special Events

From:  Mayor Dean and Councilmember Hawley

Recommendation:  Request the City Attorney draft an ordinance which would prohibit the use of skateboards, rollerblades, bicycles, scooters, and similar devices at special events when City streets have been closed and crowded conditions endanger pedestrians, but continuing to allow this use when pedestrian safety is not an issue.

Contact: Mayor Shirley Dean, 644-6484; Councilmember Mim Hawley, Councilmember District 5, 644-6397

Action:  Removed from the Consent Calendar by Councilmember Shirek and held over to December 19, 2000.

 

21.       City Staff Assistance to Respond to a Project of the National League of

            Cities  on  Public Finance for the 21st Century

            From:  Mayor Dean

Recommendation:  Approve the provision of City staff assistance to the Mayor's Office to participate as requested in the National League of Cities (NLC) project Toward a System of Public Finance for the 21st Century: A Framework for Public Discussion.

Contact: Mayor Shirley Dean, 644-6484

Action:  Removed from the Consent Calendar by Councilmember Worthington and held over to December 19, 2000.

 

22.       Objection to the Continued Siphoning of the Local Property Tax by the State

            of  California

            From:  Mayor Dean

Recommendation:   Direct the City Manager to write to Governor Davis (with copies to Ms. Megan Taylor at the League of California Cities and the City's Sacramento representatives and lobbyist) expressing the City's strong disapproval of the Governor's veto of SB 1637, which would have returned a portion of local property taxes to local government, and to his recent decision to finance the rollback of the state sales tax by maintaining the large state budget surplus (financed by the diversion of local property taxes and other questionable measures

Contact: Mayor Shirley Dean, 644-6484

Action:  Approved recommendation.

 

23.       Re-Name Certain Streets in the Marina Area

            From:  Mayor Dean and Councilmember Olds

Recommendation:  Refer to the City Manager, Waterfront, Planning, Parks and Recreation, Transportation, and other Commissions as appropriate, this proposal to re-name certain streets west of I-80 as follows: 1)  University Avenue (west of I-80),  Marina Boulevard, and Spinnaker Way to become Cesar Chavez Drive; 2)   University Avenue from Marina Boulevard to Seawall to become Tom Bates Boulevard; and 3) Seawall to become David Brower Way

Contact: Mayor Shirley Dean, 644-6484

Action:  Removed from the Consent Calendar by Councilmember Maio and held over to December 19, 2000.

 

24.       West Berkeley Air Quality Study

From:  Mayor Dean

Recommendation:  Request the City Manager 1)  develop a recommendation to the City Council on the scope of services necessary to conduct an adequate West Berkeley ambient air quality study and health risk assessment, which would interpret the results from the data of such a study; 2)  in addition to the staff resources of the City, consult with the Community Environmental Advisory and Health Commissions, the Bay Area Air Quality Management District (BAAQMD), the California Department of Health Services, UC's School of Public Health, and others as he deems appropriate; and 3)  consider the costs of such a study in conjunction with the mid-year budget review process.

Contact: Mayor Shirley Dean, 644-6484

Action:  Removed from the Consent Calendar by Councilmember Maio and held over to December 19, 2000.

 

Presentation

 

25.       Presentation by Neighbors for Fire Safety Regarding New Hills Fire House

From:  Councilmember Olds

Contact:  Councilmember Betty Olds, District 6, 644-6399

Action:  Heard presentation.

 

26.       Staffing of Police Traffic Enforcement Team

            From: City Manager

Contact:  Dash Butler, Police, 644-6568

Action:  Heard presentation.  Requested the City Manager develop a proposed budget for officers strictly for traffic enforcement and a budget for residential parking enforcement officers.  Also requested the City Manager present proposals for various speed reducing measures, education campaign, more officers on bicycles, and report on how the police department allocates staff.  Mayor Dean requested the City Manager appeal to Sacramento and the schools to return Driver Education to school programs.  Requested a policy to target unsafe drivers.  Reports to be presented to Council in February.

 

Action Calendar

 

Old Business:

 

27.       Berkeley Without Wires  A Citywide Plan for The Undergrounding of Utilities

From:  Undergrounding Utilities Task Force and Council Subcommittee on Undergrounding  (Removed from Consent Calendar by Councilmember Worthington and held over from 11/21)

Recommendation:  1) Receive the report, “Berkeley Without Wires Principles”  2) authorize the City Manager to pursue and implement a grant from the Dunn Foundation for the production of a professional quality video tape to be used in community outreach concerning the subject of undergrounding utilities.

Contact:  Dick White, Chair, Utilities Undergrounding Task Force

 

Actions:  Moved, seconded, carried (Worthington/Spring) to approve authorizing the City Manager to pursue and implement a grant. 

 

Moved, seconded, failed (Armstrong/Olds; Noes - Breland, Maio, Spring, Worthington; Abstain - Shirek) a motion to receive the report.

 

Moved, seconded, carried (Worthington/Spring; Abstain – Armstrong, Olds, Dean) to hold over discussion and receipt of the report and Item 28 until such time as the report from the Public Works Commission comes before the Council.  (Scheduled for December 19, 2000)

     

28.       Rule 20B: - Undergrounding Utilities Districts  (Removed from Consent

            Calendar  by Councilmember Maio and held over from 11/21)

            From:  Undergrounding Utilities Task Forces

Recommendation:  Adopt a Resolution allocating $50,000 for undergrounding utilities to be used for low-income individuals located within Rule 20B undergrounding utility districts.

Contact:  Dick White, Chair, Utilities Undergrounding Task Force

Action:  See Item 27.  Held over to December 19, 2000.


New Business


29.       Unreinforced Masonry Retrofit Compliance

            From:   City Manager

Recommendation: 1) Adopt a Resolution providing findings for modifying the Uniform Code for Building Conservation Standards for Seismic Retrofit; 2) adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 19.28.230 through 19.28.310, the Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings, and readopting it with certain amendments as BMC Chapter 19.38.  

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

Action:  Moved, seconded, carried (Worthington/Spring) to adopt Resolution No. 60,862-N.S. and to adopt first reading of Ordinance.  Second reading December 12, 2000.  Directed the City Manager to provide a status report to Council every six months at the request of Mayor Dean.

 

30.       Landmark Preservation Commission: Possible Conflict of Interest

From: City Manager

            Recommendation:  Discussion and possible further action for a second opinion and

            oral update by City Attorney.

Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Held over to December 19, 2000.

 

Information Reports

 

31.       Safety Members’ Pension Fund Annual Reports - FY2000

From:  City Manager

Contact:  Frances David, Finance, 665-7401

Action:  Received and filed.

 

32.       Annual Inflation Adjustment of Council Salaries

            From:  City Manager

Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

Action:  Received and filed.

 

33.       Council Agenda - Addresses on Agenda/Web

            From:  City Manager

Contact:  Sherry M. Kelly, City Clerk, 644-6480

Action:  Received and filed.

 

 

Communications

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

 

1.  1.    Dana Carl Pignolet, Pignolet Construction  Dean

 

2.  2.    Barbara Lee, Member of Congress, re: Post Office Number Dispensers System 

            Breland

 

3.  3.    Re:  Relocation of Congregation Beth El at 1301 Oxford St., Berkeley

a.      Arthur Gill

b.      Louis Jonas

c.      Christine Shen and Luis Berro

d.      Gloria Goldberg, Harry Polland

e.      Evelyn Elson

f.        Alan Stephens

g.      Dan R. Sukiennik

h.      Ann V-Sukiennik, Ph.D.

i.        Nancy Werthan

 

4.  4.    Re: Nextel telecommunications antennas  Olds, Maio, Spring, Worthington, Hawley

a.      Zelda Bronstein, President Thousand Oaks Neighborhood Association

b.      Albert L. Magid

c.      Charlotte Fishman

d.      Melvin Lemberger and Dorothy Lemberger

e.      Constance and Kevin Sutton

 

5.  5.    Petition signed by 50 persons, neighbors of Ashby Bart, re: Ed Roberts Campus 

            Breland, Worthington

 

6.  6.    Re:  2700 San Pablo Avenue  Breland, Worthington

a.      David Levinson for Neighbors for Responsible Development

b.      Patrick Kennedy

 

7.  7.    Robert Lichtman, re:  Berkeley Way Parking Lot, Meter Timing  Breland, Spring,

            Worthington, Dean

 

8.  8.    Deborah Badhia, Executive Director, Downtown Berkeley Association, re:  Holiday Free

            Parking in City Garages  Breland

 

9.  9.    Sandra Decker, re:  Parking Ticket - Street Sweeping  Worthington, Dean

 

10.10.  Sabrina Klein, Executive Director, Julia Morgan Center for the Arts, re:  Height bonus 

            Dean  

 

11.11.  Norman La Force, Chair, East Bay Public Lands Committee, re:  Eastshore State Park 

            Worthington, Dean, Hawley

 

12.12.  Zasa Swanson, President, Berkeley Partners for Parks, re:  Acquisition of “American

            Soils” property as Public Park land  Maio, Breland, Spring, Dean

 

13.13.  Charles L. Smith, re:  Miscellaneous tree issues Maio

 

14.14.  Senator Don Perata, re:  Increased funding for bicycle related activities

 

15.15.  Howie Muir, re:  San Pablo Zoning Ordinance  Worthington

 

16.16.  L.A. Wood, re:  Regulatory Conflict of Interest and the City of Berkeley  Breland, Dean

Referred to the City Attorney.

 

COMMUNICATIONS RECEIVED AT THE MEETING

 

17.1.    L. A. Wood, re:  Pacific Steel Castings

  

18.2.    Richard White, Chair, Utility Undergrounding Task Force, re: utility undergrounding.

19.   

Adjournment

 

Action:  Moved, seconded, carried (Worthington/Maio) to extend the meeting to 11:30.

 

The meeting adjourned at 11:30 p.m.


City of Berkeley Home / Departments / City Clerk Home / Boards and Commissions /  
City Charter / City Council / BMC / Conflict of Interest / Domestic Partnership / Election Info / Records Online

City of Berkeley Logo

City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.