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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
TUESDAY, DECEMBER 19, 2000
Preliminary Matters Roll Call: 7:00 p.m., All present. Ceremonial
Matters: Receive
Accreditation Award from American Public Works Association Action: Received Award. Proclamation:
Marissa Tolero, Champion Gymnast
Proclamation:
Holiday Season and New Year Proclamation
Recognizing Police Officers Dozier, Lindenau, Louis, Luna, Mercado, Pon,
and Wilson for Meritorious Service Action: Presented Proclamations. Comments from the City Manager: On Saturday December 16, the Police Department and the US Marine Corps joined in a project giving 600 toys to children in need. The Fire Department and the Lions Club joined in a project giving food baskets to senior citizens. On December 22 the Police Department will prepare food boxes for delivery to needy families. The Fire Fighters Association and the Red Cross are co-sponsoring a blood drive Tuesday December 26, 8:00 to 1:00 at Station 2, 2029 Berkeley Way. Comments from the Public: Twelve speakers.
Consent Calendar Action: Moved, seconded, carried (Armstrong/Hawley) to approve the Consent Calendar in one motion except as indicated. 1.
Needle Exchange Emergency Distribution
Action:
Adopted
Resolution No. 60,875-N.S. 2. Minutes for Approval Action: Approved minutes. (Hawley abstained on items a, b, c and d.) 3.
Lease: 1947 Center
Street (first reading vote: Armstrong
absent 12/12)
From: City
Manager Recommendation: Adopt second reading of an Ordinance amending the City's lease agreement with 1947 Center Street Associates to increase the rent by $2,688,063 for the five year extension period and extend the term through December 31, 2005 with an option to extend for an additional three years in order to house the staff of Public Works Engineering, Capital Improvement Projects and other City support services as may be needed at 1947 Center Street. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Ordinance No. 6605-N.S. Effective: January 18, 2001. Councilmember Spring requested the City Manager prepare a report on a process to evaluate the feasibility of building a new addition to to the new Civic Center. 4.
Lease: 2081 Center
Street (first reading vote: Armstrong
absent 12/12)
From: City
Manager Recommendation: Adopt second reading of an Ordinance increasing the City Manager's expenditure authority by $155,365 for the lease agreement with Seagate Shattuck Associates, LLC, for the property located at 2081 Center Street. Contact: Rene Cardinaux, Public Works, 665-3460 Action: Adopted Ordinance No. 6606-N.S. Effective: January 18, 2001. 5.
Grant: Tree Planting (Trees for the Millenium)
From: City Manager Recommendation: Adopt a Resolution approving an application for a "Trees for the Millennium" grant of $42,232 from the State of California Department of Forestry and Fire Protection. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222
Action:
Adopted Resolution No.
60,876-N.S. 6.
Grant: Tree Planting - (Environmental Enhancement Management
Program) From: City Manager Recommendation: Adopt a Resolution approving an application for an Environmental Enhancement Management Program (EEMP) grant of $199,300 from the State of California Resources Agency. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222
Action:
Adopted Resolution No.
60,877-N.S.
7.
Contract: Public
Health Clinic
From: City
Manager Recommendation: Adopt a Resolution approving the plans and specifications for Berkeley Public Health Clinic Design/Build Criteria for Heating and Ventilation Upgrade at 830 University Avenue; accepting the bid of Walter Mork Company, Inc., and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $74,800. Contact: Rene Cardinaux, Public Works, 665-3460 Action:
Adopted Resolution No.
60,878-N.S. 8.
Contract: Move
Coordination Services
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Raney Unlimited in an amount not to exceed $30,477 to cover unforeseen costs that may be necessary to assist the City with the relocation of City offices to the Civic Center Building, for a new contract total not to exceed $84,392 for the term ending June 30, 2001. Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution No.
60,879-N.S. 9.
Janitorial Services - Public Safety Building
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to increase the purchase order with Universal Building Services by $15,000 to an amount not to exceed $40,000 through December 31, 2000. Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution No.
60,880-N.S. 10.
Contract: Public
Safety Building Janitorial Services
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Universal Building Services (UBS) for performance of janitorial services at the Public Safety Building for the period January 1, 2001 to December 31, 2001 in an amount not to exceed $120,000; and approve an option to extend the contract for four additional one-year periods up to a maximum of five years at the City's discretion. Contact: Rene Cardinaux, Public Works, 665-3460
Action:
Adopted Resolution No.
60,881-N.S. 11.
Purchase of Solid Rubber Tires
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to purchase four solid rubber tires for the wheel loader at the Transfer Station from Don's Tire Service, in an amount not to exceed $30,310. Contact: Rene Cardinaux, Public Works, 665-3460 Action:
Adopted Resolution No.
60,882-N.S. 12. Contract: Alta
Bates Medical Center Traffic Studies
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Fehr and Peers Associates, Inc., by increasing the contract in an amount not to exceed $78,500 for a total not to exceed $402,200 for traffic monitoring for 2001 for the Alta Bates Medical Center and extending the term to December 31, 2001. Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Adopted Resolution No. 60,883-N.S. 13.
Contract: Public
Art Consultant for Measure S
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract for the services of Steven Huss, Consultant for Measure S Public Art, to include the University Avenue Median project for an increase of $5,600 for a total contract not to exceed $29,600. The total cost of art at this site will not exceed $50,000. Contact: Bill Lambert, Economic Development, 705-8180 Action:
Adopted Resolution No.
60,884-N.S. and amended by Councilmember Spring to also refer the issue of
disability access in siting public art locations along with Item 53 to the
Commission on Disability. 14.
Contract: Seventh
Street Improvement Project
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract with Associated Right of Way Services, Inc., to extend the term to April 30, 2001, and increase the amount from $24,900 to $30,900 for the Seventh Street Improvements Project. Contact: Bill Lambert, Economic Development, 705-8180
Action:
Adopted Resolution No.
60,885-N.S. 15.
Contract: Community
Services Block Grant
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept Contract 01F-4002 and any related agreements in the amount of $160,000 from the State Department of Community Services and Development. Contact: Stephen Barton, Housing, 665-3481
Action:
Adopted Resolution No.
60,886-N.S. 16.
Deglamorizing Tobacco in Films
From: City
Manager Recommendation: Adopt a Resolution encouraging California filmmakers and actors to: 1) support films which do not glamorize the use of tobacco; 2) realistically reflect smoking as an addictive behavior rather than as a positive social activity; 3) accurately portray the cosmetic, social and physical consequences of tobacco use; 4) show that, in reality, the vast majority of people in the USA do not smoke; and 5) accurately portray state and local laws prohibiting smoking in indoor workplaces. Contact: Fred Medrano, Health and Human Services, 665-6879
Action:
Adopted Resolution No.
60,887-N.S. 17.
Grant: Homeless
Mentally Ill
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept appropriate grants from the State Department of Mental Health in the amounts of $708,333 for FY2001 and $1,000,000 for each of FY2002 and FY2003 to fund Adult Systems of Care (ASOC) services. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Adopted Resolution No. 60,888-N.S. 18. Contract: Computer
Network Maintenance
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Convergent Computing, Inc. for the maintenance of the City's computer networks for a total not to exceed $40,000 for the period December 31, 2000 to December 31, 2001 with an option to renew for two additional years. Contact: Chris Mead, Information Systems, 665-7661
Action:
Adopted Resolution No.
60,889-N.S. 19.
Aurora Theater Loan
From: City
Manager Recommendation: Adopt a Resolution authorizing the City Manager to negotiate a loan to the Aurora Theater in an amount not to exceed $350,000 under similar conditions as the Freight & Salvage loan. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Action:
Adopted Resolution No.
60,890-N.S. 20.
Contract: Easy Does
It
From: City
Manager Recommendation: Adopt a Resolution amending the Easy Does It FY2001 contract for an increase of $50,000, for a total FY2001 contract amount of $761,000; the two-year total not to exceed $1,364,000. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Actions:
Removed from the
Consent Calendar by Councilmember Worthington.
Moved, seconded, carried (Armstrong/Olds) to adopt Resolution No.
60,891-N.S amended by Mayor Dean to increase the contract by $30,000 and
to refer the contract to the Commission on Disability for review of the
$20,000 balance. Moved, seconded, carried (Spring/Maio) to refer to the City
Manager the issue of Easy Does It administrative salaries as compared to
other non-profit organizations. 21.
Fourth Bore to the Caldecott Tunnel
From: Councilmember
Armstrong and Councilmember Hawley Recommendation: Send a letter to the California Transportation Commission protesting their funding of preliminary work for a fourth bore of the Caldecott Tunnel before appropriate public review of a Metropolitan Traffic Commission (MTC) study is completed. Contact: Polly Armstrong, Councilmember District 8, 644-6401; Mim Hawley, Councilmember District 5, 644-6294 Action: Approved recommendation. 22.
KBLX Property for Aquatic Park
From: Councilmembers
Breland, Worthington and Maio Recommendation: Direct the City Manager to investigate all possibilities to acquire the privately owned property between the Ashby Avenue onramp to I-80 and Aquatic Park for inclusion into the park; and to research all available funding options and apply for appropriate granting programs. Contact: Margaret Breland, Councilmember District 2, 644-6400; Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359. Action: Removed from the Consent Calendar by Councilmember Hawley. Moved, seconded, carried (Hawley/Breland) to approve the recommendation and include language that the City Manager investigate all financing possibilities to acquire, restore and maintain the property. 23.
Emergency Repairs at Harrison House (no report)
From: Councilmember Maio Recommendation: Direct the City Manager to make immediate emergency repairs to Harrison House including repairing the leaking roofs, sewer repair, and restoring the pathways enabling use of their trailers for training and educational programs. Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Held over to January 16, 2001 by Councilmember Maio. 24.
Berkeley Marina Radisson Hotel Boycott
From: Mayor
Dean Recommendation: Upon official notification by the Hotel and Restaurant Employees Union Local 2850, that the contract negotiated between management and the workers' bargaining committee has been ratified by the Berkeley Marina Radisson Hotel workers, 1) immediately terminate the City's boycott of the Berkeley Marina Radisson Hotel and rescind Resolution No. 60,480-N.S. which established the rationale for the boycott and outlined the possibility of lease termination for the Radisson; and 2) request the City Manager notify the media of these actions. Contact: Shirley Dean, Mayor, 644-6484 Action: Adopted Resolution No. 60,892-N.S. rescinding Resolution No. 60,480-N.S. and terminating the City's boycott of the Berkeley Marina Radisson Hotel. Vice Mayor Shirek requested the Commission on Labor continue to monitor the situation at the hotel. 25.
Tree Planting in South Berkeley
From: Mayor
Dean and Vice Mayor Shirek Recommendation: Request the City Manager review the City's tree planting schedule to determine if there is a way to hasten the proposed planting in South Berkeley (Area 8 on the Forestry Management Area Map) without undue disruption to the scheduled planting commitments to the other areas. Contact: Shirley Dean, Mayor, 644-6484; Maudelle Shirek, Councilmember District 3, 644-6243 Action: Approved recommendation. 26.
Moratorium on Installation of Telecommunications Antennae
From: Mayor
Dean, Councilmembers Hawley and Olds Recommendation: Declare an immediate moratorium on the installation of telecommunications antennae in the City. Contact:
Shirley Dean, Mayor, 644-6484; Mim Hawley, Councilmember District
5, 644-6294; Betty Olds, Councilmember District 6, 644-6399 Action: Adopted Urgency Ordinance No. 6607-N.S. imposing a forty-five (45) day moratorium on telecommunications antennas; specified exceptions; and to refer the matter to the Planning Commission, Moved, seconded, carried (Hawley/Olds; Absent - Maio) to clarify that the moratorium applies to all pending applications. 27.
Support Assembly Bill 25 (Domestic Partners)
From: Councilmember
Worthington Recommendation: Support Assembly Bill 25 which provides coverage for domestic partners; and send letters of support to State Assemblywoman Carole Migden, State Assemblywoman Dion Aroner, State Senator Don Perata and Governor Gray Davis. Contact: Kriss Worthington, Councilmember District 7, 644-6398 Action: Approved recommendation. 28.
Support Boycott Campaign of Pasand Restaurant From:
Councilmember Worthington, Maio, Vice Mayor Shirek Recommendation: Adopt a Resolution supporting Women Against Sexual Slavery (WASS) boycott campaign of Pasand Restaurant. Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644-6243 Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Worthington/Breland; Noes - Armstrong, Hawley) to adopt Resolution No. 60,893-N.S. 29. Instant Runoff Voting
From: Councilmember
Worthington Recommendation: (1) Refer to the City Manager and City Clerk to study the feasibility of implementation and transition into Instant Runoff Voting for council and mayor elections. (2) Have the City Attorney prepare ballot language to place on next election ballot an amendment to the City Charter to include Instant Runoff Voting. (3) Send letters to Governor Gray Davis, State Assemblywoman Dion Aroner, State Senator Don Perata requesting the State of California to support or introduce legislation that would amend the current voting system to Instant Runoff Voting for elected California state officials and representatives. (4) Send letters to the next United States President, Congresswoman Barbara Lee, US Senator Dianne Feinstein, and US Senator Barbara Boxer to support or introduce legislation that would amend or change the current Electoral Voting system in favor of Instant Runoff Voting for elected Federal officials and representatives, including the President of the United States. Contact:
Kriss Worthington, Councilmember District 7, 644-6398 Actions: Removed from the Consent Calendar by Councilmember Hawley. Moved, seconded, carried (Worthington/Spring) to approve Recommendations 1 through 4. On the severed motion: Recommendations: (1) Unanimous; (2) Noes - Armstrong, Hawley, Olds, Dean; (3) Noes - Armstrong, Abstain - Dean; (4) Noes - Armstrong, Olds, Dean. 30. Certification of Election - Representatives of the Poor
From: Human
Welfare and Community Action Commission Recommendation: Adopt a Resolution certifying the results of the November 14, 2000 election for representatives of the poor to the Human Welfare and Community Action Commission (HWCAC). Elected to four-year terms are Eunice Francis (District 3) and Carol Hughes-Willoughby (District 2). Contract: Marianne Graham, Secretary, 665-3475 a.
City Manager Report Recommendation: Concurs with the content and recommendation of the Commission. Contact: Stephen Barton, Housing, 665-3481 Action:
Adopted Resolution No.
60,894-N.S. Action Calendar Appeals: 31.
Zoning Appeal of Use Permit
#00-20000059, 1861 Solano Avenue Contact: Wendy Cosin, Planning and Development, 705-8108
c.
Communications 1. John Taylor 2. Constance Sutton 3. David W. Trotter, Bowles & Verna Contact: Sherry M. Kelly, City Clerk, 644-6480 Action: Moved, seconded, carried (Hawley/Worthington; Absent - Maio) to set the matter for public hearing. Scheduled for January 23, 2001.
32. Decision on Appeal of Tentative Map Condo Conversion - 1177-83
Delaware Street (continued from September 19, October 17, November
21, December 12) a. Appeal of Kenneth J. Schmier, Eric S. Schmier, David Darlington and Louise Lo of Planning Commission Decision of July 26, 2000.
Contact:
Sherry Kelly, City Clerk, 644-6480
b.
From: City Manager Recommendation: Adopt a Resolution 1) rejecting the appeal; and 2) affirming the decision of the Planning Commission granting the parcel map subject to the conditions required by Section 21.28.120 of the Berkeley Municipal Code (Subdivision Ordinance). Contact: Wendy Cosin, Planning and Development, 705-8108 c. Communications: 1. Michael Lott 2. Lisa Lerner Contact: Sherry Kelly, City Clerk, 644-6480
Action:
Moved, seconded, carried (Spring/Shirek) to adopt Resolution
No. 60,895-N.S. rejecting the appeal; and affirming the decision of the
Planning Commission. 33. Continued Public Hearing - Regulate Installation of Telecommunications
Facilities
From: City
Manager Recommendation: Continue public hearing and upon conclusion, adopt first reading of an Ordinance regulating telecommunications providers in Berkeley regarding the time, place, and manner of their installation, operations, and maintenance activities. Contact: Chris Mead, Information Systems, 665-7661; Manuela Albuquerque, City Attorney, 644-6380
Public Testimony: Heard ten speakers. Moved, seconded, carried (Spring/Maio) to close the public hearing. Actions: Moved, seconded carried (Spring/Maio; Noes - Worthington; Abstain - Shirek)) to adopt first reading of the Ordinance. Second reading December 22,
2000. Moved, seconded, carried (Spring/Maio; Noes - Worthington) to hold a special meeting on December 22, 2000 to hear second reading of the Ordinance with ten
minute Public Comment period.
34. Approval
of Minutes (removed from the Consent Calendar by Mayor Dean and held over from
11/14) From: City Manager Recommendation:
Approve minutes of the meeting of
October 24, 2000 (special) with revisions. Contact:
Sherry Kelly, City Clerk, 644-6480 Action:
Moved to the Consent Calendar by
Councilmember Worthington. Approved minutes (Abstain - Hawley). 35. Landmark
Preservation Commission: Possible Conflict of Interest (held
over from 12/5) From:
City Manager Recommendation: Discussion and possible further action for a second opinion
and oral update by City Attorney. (no
written report) Contact:
Manuela Albuquerque, City Attorney, 644-6380
Action:
Withdrawn by City Manager. 36. Fair Elections in Florida (removed from the Consent Calendar by Councilmember Maio and held over from 12/5) (to be delivered) From: Councilmember Maio and Councilmember ArmstrongRecommendation: 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; Polly Armstrong, Councilmember District 8, 644-6401 Action:
Withdrawn by Councilmembers Maio and Armstrong. 37. Prohibiting
the Use of Skateboards, Rollerblades, Bicycles, Scooters, and Similar
Devices During Special Events (removed
from the Consent Calendar by Councilmember Shirek and held over from 12/5) From: Mayor Dean and Councilmember Mim Hawley Recommendation: Request the City Attorney draft an ordinance which would prohibit the use of skateboards, rollerblades, bicycles, scooters, and similar devices at the Solano Stroll. Contact: Mayor Shirley Dean, 644-6484; Councilmember Mim Hawley, District 5, 644-6294 Action:
Recommendation revised by Mayor Dean and held over to January 16,
2001. 38. City Staff Assistance to Respond to a Project of the National League of Cities on Public Finance for the 21st Century (removed from the Consent
Calendar by Councilmember Worthington and held over from 12/5) From: Mayor DeanRecommendation:
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: Withdrawn by Mayor Dean. 39. Re-Name Certain Streets in
the Marina Area (removed from the
Consent Calendar by Councilmember Maio and held over from 12/5) From: Mayor Dean and Councilmember OldsRecommendation: 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 from Marina Boulevard to Seawall to become Tom Bates Boulevard; and 2) Seawall to become David Brower Way Contact: Mayor Shirley Dean, 644-6484, Councilmember Betty Olds, District 6, 644-6399 Action: Moved to the Consent Calendar by Mayor Dean and approved revised recommendation as amended by Mayor Dean to 1) Respectively request the Parks and Recreation Commission complete the development of a naming process in a timely manner and stating Council’s appreciation for the process they have undertaken; 2) Refer (upon completion of the renaming policy) the recognition of David Brower and Tom Bates to the Parks and Recreation and Waterfront Commissions for consideration of appropriate ways of recognizing their outstanding contributions to the citizens of Berkeley through their successful efforts to preserve Berkeley's waterfront. Add to this referral the recognition of Sylvia McLaughlin, Kay Kerr and Esther Gulick for founding the organization, Save the Bay. 40. West Berkeley Air Quality
Study (removed from the Consent
Calendar by Councilmember Maio and held over from 12/5) 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:
No action taken, see Item 41. 41. West Berkeley Air Quality StudyFrom: Councilmember MaioRecommendation: Substitute Motion: Convene a group of experts in the field of air quality to analyze the findings in the West Berkeley Air Quality Monitoring Study, Phase I, to: 1) interpret the findings of our Phase I study in language a lay person can understand, including recommendations for future study, with the aim that citizens and the Council are able to understand what is being put into our air from what sources and what additional is needed; 2) determine what next steps would be required, including a review of existing studies and literature that would complement our study, to document the sources and levels of air pollution we are experiencing in Berkeley; and 3) ultimately hold a joint discussion session with the City Council and the Citizens Environmental Action Commission (CEAC), inviting such groups as Citizens for a Better Environment (CBE) and the West County Toxics Coalition, to determine what concerted actions we might undertake together to reverse the increasing levels of pollutants we are experiencing. Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Moved, seconded, carried (Maio/Worthington; Abstain - Olds) to approve Councilmember Maio’s revised recommendation as follow: 1) Staff to interpret the findings of our Phase I study in language a lay person can understand; 2) request the Air Resources Board undertake a study that will complement and expand Berkeley's study to determine what impacts are occurring to the air quality in West Berkeley; put particular emphasis on diesel particulates as they are linked to asthma; 3) contact the Bay Area Air Quality Management Board (BAAQMD) and request that they engage in monitoring at the source and monitoring fugitive emissions from the suspect industries; this would allow us to study the constituents against state standards; and 4) ultimately hold a joint discussion session with the City Council and the Citizens Environmental Action Commission (CEAC), inviting such groups as Citizens for a Better Environment (CBE) and the West County Toxics Coalition, to determine what concerted actions we might undertake together to reverse the increasing levels of pollutants we are experiencing. (The Mayor stated for the record that she voted “yes” but believes the two recommendations (Items 40 and 41) are not incompatible.
442.
Cost of Netanyahu Event (removed
from the Consent Calendar by Councilmember Worthington and held over from
12/12)
From: Councilmember
Spring
Recommendation:
Request the City Manager provide information
regarding the costs to the taxpayers regarding the Netanyahu event at the
Berkeley Community Theater and consider billing the promoter/s of the
event for these expenses; and commend the City Manager, Police Chief and
Police Department for their efforts to keep the peace at this event in a
humane and professional manner.
Contact: Dona Spring,
Councilmember District 4, 644-6266 Action: Held over to January 16, 2001.
43.
Illegal Sewer Line -Storm Drain Connections (removed from
the Consent Calendar by CouncilmemberHawley and held over from 12/12)
From: Councilmember
Maio
Recommendation:
Refer the matter of illegal connections between storm water drains and
sanitary sewer lines to the staff and Public Works Commission to research
the matter and come up with a plan to:
1) alert homeowners as to the health hazards of overflows caused by
illegal storm drain connections to the sanitary sewer line on private
property; 2) conduct an education campaign as to how homeowners can check
for an illegal connection; and 3) if an illegal connection is detected,
outline steps the homeowner would need to follow to eliminate the
connection.
Contact:
Linda Maio, Councilmember District 1, 644-6359 Action: Moved to the Consent Calendar by Councilmembers Maio and approved the recommendation with the understanding that the Commission is working on this and would return to Council in February. 44. Aquatic Park Expansion and Funding (removed from the
Consent Calendar by Councilmember Worthington and held over from 12/12)
From: Mayor
Dean
Recommendation:
The City Manager investigate the possibility that funds may be available
to acquire private property for the purpose of expanding Aquatic Park
through two programs administered by the California State Parks Office,
the Land and Water Conservation Fund and the Murray-Hayden Grant Program.
Contact:
Shirley Dean, Mayor, 644-6484 Action: No action taken. See Item 45. 45.
Acquisition of American Soils Property
From: Parks
and Recreation Commission Recommendation: Direct staff to investigate the feasibility of acquiring the American Soils Products site for inclusion into Aquatic Park. Contact: Jay Kelekian, Secretary, 644-6952 ext. 230 a.
City Manager Report Recommendation: The type of feasibility study requested by the Commission would be a significant undertaking involving several departments (Economic Development, Planning, Toxics, City Attorney and Parks and Waterfront), and have a budget and work plan implications. A proper feasibility study would not only look at the availability of funding to acquire the property but also examine the short-term and long-term financial impacts of such acquisition. Ideally, such a study would examine if the property in question is really the best site to acquire for the stated purposes or if other sites could potentially be procured for less overall impact. Council is considering another proposal this evening which asks staff to investigate if California State Parks funding would be available to acquire the property. Staff could do a preliminary analysis of funding sources for this type of project and report back to Council. At that time, a decision can be made about performing a more detailed study and what the budgetary and workflow implications would be. Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 b.
Parks and Recreation Commission - Supplemental Information Contact: Jay Kelekian, Secretary, 644-6970 ext. 230 Action: Moved, seconded, carried (Worthington/Hawley) to approve the City Manager recommendation as amended by Councilmember Hawley to include the language availability of funding to acquire, restore and maintain the property.
New
Business: 46.
Appointment to Alameda County Mosquito Abatement District
From: City
Manager Recommendation:
Adopt a Resolution
reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda
County Mosquito Abatement District for a two-year term, January 2, 2001
through January 1, 2003. Contact: Sherry M. Kelly, City Clerk, 644-6480 Action: Moved to the Consent Calendar by Councilmember Worthington. Adopted Resolution No. 60,896-N.S. 47.
Status of the Tree Preservation Ordinance (CR# 97-123)
From: City
Manager Recommendation: Direct the City Manager and the Parks and Recreation Commission to return in three months with a tree preservation ordinance that protects Coast Live Oak trees over six (6) inches in diameter on private property city-wide and all trees regardless of species, over twelve (12) inches in diameter on properties with multi-unit buildings, and base it upon the "neighbor-to-neighbor" approach. Contact:
Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Held over to January 16, 2001. 48. 48. International Council for Local Environmental Initiatives' (ICLEI) North
America
Preparatory Conference From:
City Manager Recommendation:
Consider whether to provide financial assistance of up to $30,000
and staff support to the ICLEI conference in order to bring it to
Berkeley. Contact:
Stephen Barton, Housing, 665-3481 Action: Moved to the Consent Calendar by Councilmember Maio as amended to enable the City Manager to provide financial assistance and adopted Resolution No. 60,897-N.S. allocating up to $30,000 in financial assistance and staff support to the ICLEI conference to bring it to Berkeley. 49. Underground Utilities District Procedures
From: City
Manager Recommendation: Adopt the Public Works Commission recommendation to extend the 20A District moratorium for one year and schedule a discussion to develop policies and priorities for the creation of 20A Districts by the end of FY2002; and 2) adopt the Public Works Commission procedures for the creation of 20B Underground Districts with the following clarifying modifications: a) property owners will be required to advance funds for the creation of an undergrounding utilities district; and b) clarify the extent of City assistance to very low-income property owners. Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Recommendation: Extend the present Rule 20A moratorium for one year, until January 14, 2002, in order to allow the regulatory framework to be clarified by the CPUC and the legislature, and to permit the City to respond to these changes with due deliberation. Contact: Jeff Egeberg, Secretary, 665-3425 b.
From: Public Works
Commission Recommendation: Endorse the procedures pertaining to forming Rule 20B Undergrounding Utility Districts in the City of Berkeley. Contact: Jeff Egeberg, Secretary, 665-3425 c. 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 Contact: Dick White, Chair, Utilities Undergrounding Task Force d. Rule 20B: - Undergrounding Utilities Districts (removed from Consent Calendar by Councilmember Maio and held over from 11/21, 12/5) From: Undergrounding Utilities Task ForcesRecommendation: 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 Actions: Moved, seconded, (Armstrong/Olds) to adopt the revised recommendation as submitted by Mayor Dean.
50.
PG&E Rates and Deregulation
From: Commission
on Aging Recommendation: Send a letter to the California Public Utilities Commission expressing opposition to any rate increase for Pacific Gas and Electric, urging that electricity rates be rolled back to the level they were before deregulation, and urging that full regulation of the electrical utilities industry be restored; and that copies of the letter be sent to Governor Gray Davis, Assemblywoman Dion Aroner and State Senator Don Perata. Contact: Suzanne Ryan, Secretary, 644-6107 a.
City Manager Report Recommendation: Take no action on the recommendation. On September 26, 2000 Council requested that the Berkeley Energy Commission and the City Manager develop recommendations on utility rates and regulations. A report with those recommendations will be submitted for Council consideration in January 2001. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Moved to Consent Calendar by Councilmember Maio the City Manager’s recommendation with a referral to the Energy Commission including a statement of the Council’s support. 51.
Electric Company for Berkeley
From: Commission
on Aging Recommendation: Explore the possibility of municipal ownership of electricity generation and transmission, as is now the practice in the City of Alameda and other municipalities. Contact: Susanne Ryan, Secretary, 644-6107 a.
City Manager Report Recommendation: Take no action until the issue has been referred to the Energy Commission for review and analysis. This complex issue needs thorough review and to be included in the comprehensive report on energy issues in development by the Energy Commission. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Moved to the Consent Calendar by Councilmember Maio (Noes - Armstrong) to approve the City Manager recommendation and refer to the Energy Commission for review and analysis. 52.
Reform of the Electoral College
From: Peace
and Justice Commission Recommendation: Adopt a Resolution authorizing the Peace and Justice Commission to approach leading election reform organizations, educational institutions, and other organizations to explore the possibility of holding a public forum and debate on the issue of electoral reform. Contact: Manuel Hector, Secretary, 665-6880 a.
City Manager Report Recommendation: The Peace and Justice Commission and the community should do the planning work required if Council approves the recommendation of the Commission. In addition, any resulting public forum to be conducted without expenditure of City funds. Contact: Fred Medrano, Health and Human Services, 665-6879 Action: Moved to the Consent Calendar by Councilmember Maio to approve both the City Manager’s and Commission’s recommendations and adopt Resolution No. 60,898-N.S. Information Reports 53.
Arts District Public Art Program
From: City
Manager Contact: Bill Lambert, Economic Development, 705-8180 Action: Referred to the Commission on Disability by Councilmember Spring. 54.
Interim Update on Cancer Prevention Efforts (CR# 210-00)
From: City
Manager Contact: Weldon Rucker, City Manager, 644-6580 Action: Received and filed. 55. Transmittal of Final Environmental Report - Proposed Playing Fields at East Campus
From:
City Manager Contact: Lisa Caronna, Parks and Waterfront, 644-6943 x222 Action: Received and filed. 56.
Commuter Check Program - (CR# 127-00)
From: City
Manager Contact: Wendy Cosin, Planning and Development, 705-8108 Action: Moved to Action Calendar by Councilmember Spring. Moved, seconded, carried (Spring/Worthington; Absent - Maio) to refer to the midyear budget process to implement the program and to also ask the City Manager to investigate subsidizing discounts for all employees and receiving discounts from BART and AC Transit. 57.
Progress Report - Equal Benefits Ordinance (CR# 35-99; 20-00)
From: City
Manager Contact: Phil Kamlarz, Deputy City Manager, 644-6580 Action: Received and filed. CommunicationsCouncil
rules limit action on Communications to referral to the City Manager
and/or Boards and Commissions for investigation and/or recommendations. Page No. 1. Councilmember Dona Spring, re: Berkeley Speaker Series 2.
Gail S. Greenwood, re: no
parking zones surrounding BART stations.
Maio, Breland, Dean 3. Congresswoman Barbara Lee; response to Council letter re: Secret Evidence Repeal Act. 4.
1301 Oxford Street, Congregation Beth El Project
Maio, Hawley a. Andrea Fajans b. Dr. David Schneider c. Ric Lucien and Remi Omodele d. Daniel J. Fingerman e. Barbara Budnitz f. David and Phyllis Ritvo g. Mary T. Hess 5.
Smeeta S. Rishi, re: refund
of overpaid taxes. Maio,
Worthington, Dean 6.
Emily H. Benner, re: David
Brower memorial. Maio,
Dean 7.
Andrea Land, re: acquisition of American Soils property.
Maio, Hawley SUPPLEMENTAL
COMMUNICATIONS Items
5, 6 and 47 - Grants for Tree Planting and Status of Tree Preservation
Ordinance
8. Charles L. Smith
Olds Item 29 - Instant Runoff Voting9.
JoAnn B. Price, President, Lois Brubeck, Action Vice President,
League of Women Voters Worthington,
Hawley Item
31 - Zoning Appeal of Use Permit #00-20000059, 1861 Solano Avenue
10. 10. Councilmembers Dona Spring and Kriss Worthington, Emergency Moratorium on Wireless Antennae 11.
Steve Douglas and Dawn Swanson
Hawley 12.
John Taylor Hawley 13.
Trudy and John Forte Hawley 14.
Zelda Bronstein, President, Thousand Oaks Neighborhood Association
Hawley Item
33 - Continued Public Hearing - Regulate Installation of
Telecommunications Facilities 15.
Allan P. Donnelly, Lead Counsel, Metricom, Inc.
Worthington 16.
Karen K. Boles, Public Works Coordinator SBC
Worthington 17
Paul S. Sieracki, Staff Director-Government Affairs, Sprint (2
letters) Worthington 18.
Jeff Markiewicz, Municipal Affairs, MCIWorldCom
Worthington Item 37 - Prohibiting the Use of Skateboards, Rollerblades, Bicycles, Scooters and Similar Devices During Special Events 19.
Mayor Shirley Dean and Councilmember Mim Hawley, revised Item
39 - Re-Name Certain Streets in the Marina Area
20.
Mayor Shirley Dean and Councilmember Betty Olds, revised Items
40 and 41 - West Berkeley Air Quality Study
21.
Mayor Shirley Dean, revised Item
42 - Cost of Netanyahu Event
22.
Brad Mayer Item
44 - Aquatic Park Expansion and Funding
23.
Mayor Shirley Dean, supplemental information Item
49 - Underground Utilities District Procedures
24.
Stephanie Manning Maio,
Worthington, and to refer the letter to the Undergrounding Task Force. Item
56 - Commuter Check Program
25.
Weldon Rucker, Acting City Manager, Supplemental Information 26.
L. A. Wood, re: Worthington 27.
L. A. Wood, re: Worthington Adjournment Actions: Moved, seconded, carried (Worthington/Hawley) to extend the meeting to 11:45 p.m. to complete certain agenda items. Moved, seconded, carried (Worthington/Spring; Noes - Breland, Shirek) to extend the meeting to 12:00 a.m. to complete certain agenda items. Moved, seconded, carried (Spring/Worthington) to suspend Council rules and extend the meeting to 12:10 a.m. to complete certain agenda items. The meeting adjourned at 12:06 a.m. |
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