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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, JANUARY 23, 2001

 

      Preliminary Matters

 

Roll Call            7:02 p.m.  All present.

 

Comments from the City Manager :

 

The relocation to 2180 Milvia Street building is progressing.  Four departments moved over the past weekend and three more will be moving in the coming weekend.

 

Comments from the Public:  Twelve speakers.

 

 

      Consent Calendar

 

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

 

1.          Excused Absences for Religious and Cultural Holidays (CR# 236-00) (first reading vote 1/16/01:  absent - Dean)

            From:  City Manager

            Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.02.030 to excuse commissioners from attendance at meetings when requested in advance for observance of religious and cultural holidays.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted Ordinance No. 6610-N.S.  Effective:  February 22, 2001.

 

2.         Fire Safety Services Special Tax (first reading vote 1/16/01: absent Dean)

            From:  City Manager

Recommendation:  1) Adopt second reading of an Ordinance levying a special tax within Community Facilities District No. 1 (Disaster Fire Protection.)

Contact:  Reginald Garcia, Fire, 644-6665

            Action:  Adopted Ordinance No. 6611-N.S.  Effective:  February 22, 2001.

 

3.         Streetscape Improvements Plan for San Pablo Avenue

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Community Design & Architecture in the amount of $50,000 for design services for a streetscape improvements plan for San Pablo Avenue.

Contact:  Bill Lambert, Economic Development, 705-8180; Wendy Cosin, Planning and Development, 705-8108

            Action:  Adopted Resolution No. 60,913-N.S.

 

4.         Vacation of a Portion of Carleton Street

            From:  City Manager

Recommendation:  Adopt a Resolution declaring intention to vacate a portion of the public right-of-way of Carleton Street from its westerly terminus at the Union Pacific railroad right-of-way extending 592.41 feet easterly, and set the matter for public hearing on February 27, 2001.

Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Adopted Resolution No. 60,914-N.S.  Public Hearing scheduled for February 27, 2001.

 

5.         Agreements:  Berkeley Bay Trail

            From:  City Manager

Recommendation:  Adopt Resolution:  1) authorizing the City Manager to execute an amendment to the Cooperative Funding Agreement between the State of California Department of Transportation (CalTrans), and the City to accept an additional $600,000 in State funds and extend agreement to December 31, 2003 for the design and construction of the Berkeley Bay Trail; and 2) authorizing the City Manager to execute an Agreement with the East Bay Regional Parks District (EBRPD), to convey to the City two permanent easements totaling 45,369 square feet on West Frontage Road, for the construction of the proposed Berkeley Bay Trail, and accepting the agreed upon amount of $36,296 from CalTrans to be paid to EBRPD as full compensation for the granting of the easements.

            Contact:  Rene Cardinaux, Public Works, 665-3460

            Action:  Adopted Resolution No. 60,915-N.S.

 

6.         Annual Appropriations Ordinance

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Ordinance No. 6553-N.S. for Fiscal Year 2001 based upon changes in funding in the amount of $74,099,574.

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

            Action:  Adopted first reading of Ordinance.  Second reading February 13, 2001.

 

7.         Lease:  1767 Alcatraz Avenue

            From:  City Manager

Recommendation:  Adopt an Urgency Ordinance authorizing the City Manager to execute a six month lease agreement with the option of one two year extension, with the South Berkeley Neighborhood Development Corporation, at 1767 Alcatraz Avenue, for the purpose of office space for the Black Infant Health Project and the Women Infant and Children (WIC) Expanded Breastfeeding programs.

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

            Action:  Adopted Urgency Ordinance No. 6612-N.S.  Effective:  immediately.

 

8.         Settlement:  City of Berkeley v. Schwartz

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Attorney to enter into an agreement not to seek any judicial relief for the topping of three redwood trees on and along Tamalpais Path in return for payment of $36,205.

            Contact:  Manuela Albuquerque, City Attorney, 644-6380

Action:  Adopted Resolution No. 60,916-N.S. and included a request by Councilmember Olds that the $36,205 be used to repair the Tamalpais Steps.

 

9.         Application:  Funding for Housing Rehabilitation Activities

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the Housing Department to submit an application to the State of California Department of Housing and Community Development in order to be considered for $250,000 in funding through the CalHOME Program for housing rehabilitation activities.

            Contact:  Stephen Barton, Housing, 665-3481

            Action:  Adopted Resolution No. 60,917-N.S.

 

10.       Proclamation Honoring Tim Moder and Ken Hall

            From:  Councilmember Spring

Recommendation:  Approve Proclamation honoring the efforts of Tim Moder and Ken Hall in implementing the City's ban on alcohol and tobacco product advertising near schools to be presented during Ceremonial Matters at the meeting of February 13, 2001.

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

            Action:  Approved recommendation.

 

11.       Fee Waiver for West Berkeley Public Market

From:  Councilmembers Breland and Maio

Recommendation:  Adopt a Resolution waiving all fees associated with the operations of the West Berkeley Public Market being organized by the West Berkeley Neighborhood Development Corporation (WBNDC).

            Contact:  Margaret Breland, Councilmember District 2, 644-6400; Linda Maio,

            Councilmember District 1, 644-6359 

            Action:  Adopted Resolution No. 60,918-N.S.

 

12.       Establish Business Improvement District for Solano Avenue

            From:  Councilmember Hawley

Recommendation:  Refer to the budget process allocation of $20,000 to provide consultant services to establish a Solano Avenue Business Improvement District.

            Contact:  Mim Hawley, Councilmember District 5, 644-6294

Action:  Approved recommendation with clarification that the BID includes only the Berkeley portion of Solano Avenue.

 

13.       Achievement Plan Developed by Parents of Children of African Descent

           (PCAD)

            From:  Councilmembers Worthington, Breland, Maio

Recommendation:  (1) Schedule a presentation of the Achievement Plan at the meeting of January 23rd. 2) support the Achievement Plan developed by Parents of Children of African Descent (PCAD). (3) refer to the City Manager provision of space and in-kind contributions; and (4)  develop a timely cash contribution to meet PCADís plan budget needs.

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

Action:  Approved recommendation to schedule a presentation after the public hearings.  Removed remainder of the item from the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Worthington/Breland) to approve recommendations amended by Councilmember Armstrong as follows:  1)  Support the Achievement Plan developed by Parents of Children of African Descent (PCAD);  2)  direct the City Manager to work with the School District on how the District and Council can work together to solve the problem that has been presented by PCAD, specifically, the Council requests the City Manager consider City contribution of space, in-kind resources, and financial support and what funding is available from the State, and that this matter be handled by the City Manager on an expedited basis; 3)  schedule a joint meeting between the School Board and City Council be scheduled as soon as possible and a report on progress of these discussions be made at that time;  and 4) add this matter to the special Council meeting of January 30, 2001 and to request a report regarding additional resources and current status.

 

14.       Co-Sponsor National Black Lesbian & Gay Leadership Forum Annual

            Conference

            From:  Councilmember Worthington and Vice Mayor Shirek

Recommendation:  Adopt a Resolution approving co-sponsorship of  National Black Lesbian & Gay Leadership Forum Annual Conference with a $3000 contribution.

Contact:  Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243

            Action:  Adopted Resolution No. 60,919-N.S.

15.       Reappointment:  Board of Library Trustees

            From: Board of Library Trustees

Recommendation:  Adopt a Resolution approving the recommendation of the Board of Library Trustees to reappoint Jorge Garcia for a second four-year term beginning March 19, 2001.

Contact:  MaryLou Mull, Secretary, 644-6095, ext. 17

a.            City Manager Report

Recommendation:  Concurs with content and recommendation of the Board.

Contact:  Weldon Rucker, Acting City Manager, 644-6580

             Action:  Adopted Resolution No. 60,920-N.S.

16.      Contract:  Easy Does It

            From:  Commission on Disability

Recommendation:  Approve Easy Does Itís request for $20,000 under the following conditions:  1) representatives of Easy Does It meet with members of the Commission on a monthly basis; 2) no funds be used to purchase equipment for clients, and Easy Does It should instead seek alternative resources in the community; and 3) a process be developed for evaluating Easy Does It's case management services.

            Contact:  Rosemary Dady, Secretary, 665-3419

a.            City Manager Report

Recommendation:  Concurs with the content and recommendation of the Commission.

            Contact:  Rene Cardinaux, Public Works, 665-3460

Action:  Adopted Resolution No. 60,921-N.S. approving $20,000 allocation to Easy Does It; approving recommendations 2 and 3 and deleting recommendation 1 as amended by Councilmember Spring; referring $10,000 to the midyear budget process; and including the evaluation of case management be part of the evaluation of Easy Does It to be conducted by an outside consultant.

 

17.       Disenfranchisement of Voters in Florida

            From:  Commission on Aging

Recommendation:  Send letters 1) to our State and Federal elected officials protesting the disenfranchisement of Haitian-American and African-American voters in Florida; and 2) to the Tallahassee NAACP and the Reverend Jesse Jackson of the Rainbow Coalition supporting the efforts of Reverend Jackson to investigate why African-American votes were rejected in Duval County.

            Contact:  Lisa Ploss, Secretary, Commission on Aging

a.            City Manager Report

Recommendation:  Takes no position concerning the recommendations of the Commission.

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

            Action:  Approved recommendation.

18.       Utility Users Tax on Gas and Electricity

            From:  Citizens Budget Review Commission (to be delivered)

            Recommendation:  Adopt the recommendations contained within the report.

            Contact:  Phil Kamlarz, Secretary, 644-6580

            a.            City Manager Report

Recommendation:  Staff will follow up on the recommendations contained in the Commission report by 1) initiating dialogue with PG&E regarding the feasibility of exempting recent increases in gas and electric rates from the City's current Utility User's Tax; and 2) develop a detailed analysis of fiscal implications.  Defer any action until staff has an opportunity to report back at the meeting of February 13 on the results of discussions with PG&E as well as staff's analysis of fiscal implications.

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

            Action:  Approved City Manager's recommendation for a report on February

           13, 2001.

 

 

Public Hearings

 

19.       Inspection of Gas Heating Appliances (CR# 256-00)

            From:  City Manager

Recommendation:  Conduct a continued public hearing and upon conclusion 1) adopt a Resolution establishing a filing fee schedule for the Certification of Inspections; 2) adopt first reading of an Ordinance amending BMC 19.40.040 to allow retesting of units with carbon monoxide detectors every five years instead of three and directing the Building Official to set up an inspection schedule and operating procedures for the Inspection of Gas Heating Appliance Program; and 3) refer to the budget process the addition of  $50,000 to fund a fee exemption for units where carbon monoxide detectors are installed.

Contact:  Stephen Barton, Housing, 665-3481

a.            Communications

1.            Primo Facchini, C & S Enterprises, Inc.

Public Testimony:   The Mayor opened the public hearing.  Moved, seconded, carried (Armstrong/Hawley; Absent Ė Worthington) to close the public hearing.

 

Action:  Decision to be made on February 13, 2001.  Referred the matter of carbon monoxide detectors for transient occupancy facilities to the City Manager and Mayor Dean requested a report from the Health Officer on the effects of carbon monoxide poisoning.


20.      
2001 Local Law Enforcement Block Grant Program

            From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution during the meeting:  1) authorizing the City Manager to accept $254,519 in Federal funds from the 2001 Local Law Enforcement Block Grant (LLEBG) Program to be used to fund two Patrol Officer positions, for a period of approximately 24 months; and 2) transferring $28,280 from the Police Department General Fund budget to cover the required local matching funds.

            Contact:  D. E. Butler, Police, 644-6568

Public Testimony:  The Mayor opened the public hearing.  No speakers.  Moved, seconded, carried (Worthington/Armstrong) to close the public hearing

 

Action:  Moved, seconded, carried (Worthington/Armstrong) to adopt Resolution No. 60,922-N.S.

 

21.       Zoning Appeal of Use Permit #00-20000059, 1861 Solano Avenue
a.            Appeal filed by Constance Sutton
of the Zoning Adjustments Board decision of October 12, 2000, which approved Use Permit with findings and conditions, to erect twelve wireless telecommunications antennas on the roof and sides of the Oaks Theater.
b.            City Manager Report
Recommendation: 
Conduct a public hearing and upon conclusion adopt a Resolution denying the appeal of Use Permit and upholding the Zoning Adjustments Board decision to affirm the Zoning Officer's approval of Use Permit #00-20000059 to erect twelve wireless telecommunications antennas on the roof of the Oaks Theater at 1961 Solano Avenue

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

            c.            Communications

            1.            John Taylor

            2.            Constance Sutton

            3.            David W. Trotter, Bowles & Verna

            4.            Constance and Kevin Sutton

            5.            Ed and Anni Forcum

            6.            David W. Trotter, Bowles & Verna

            7.            Constance and Kevin Sutton

            8.            Lu Charlotte

            9.            Steve Douglas and Dawn Swanson

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

Public Testimony:  The Mayor opened the public hearing.  Eleven persons heard. 

 

Action:  Moved, seconded, carried (Worthington/Hawley) to continue the public hearing to February 27, 2001 and to take testimony first from those who did not speak at this meeting and then from persons who spoke at this meeting.

 

22.       Appeal of Zoning Adjustments Board Decision Regarding 2412 Piedmont Avenue

a.            Appeal filed by Reza Valiyee of the Zoning Adjustments Board decision of November 9, 2000 which declared the property at 2412 Piedmont Avenue to be a public nuisance.

            b.            City Manager Report

            Recommendation:  Conduct a public hearing and upon conclusion adopt a Resolution upholding the Zoning Adjustments Board decision and declaring the property at 2412 Piedmont Avenue a public nuisance.

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

Public Testimony:  The Mayor opened the public hearing.  Two speakers.  Moved, seconded, carried (Maio/Spring; Absent - Worthington) to close the public hearing

 

Action:  Decision to be made on February 13, 2001.  Requested a report regarding the discrepancies in the dates and other issues regarding parking raised in the public hearing.

 

23.       Telecommunications Fees

            From:  City Manager

            Recommendation:  Conduct a public hearing and upon conclusion waive rules to enable Council to take immediate action to adopt two Resolutions to implement the City's Telecommunications Ordinance:  1) adopting the fees to recover all reasonable costs associated with the City's regulation of the installation, operation, maintenance and inspection of systems and equipment of telecommunications providers engaged in using public property or public rights-of-way or private property in the City; and 2) adopting the annual compensation schedule for licenses or franchises granted to telecommunications carriers for the use of the City's public right-of-way to provide non-exempt telecommunications services pursuant to Chapter 16.10 of the Berkeley Municipal Code (BMC).

            Contact:  Manuela Albuquerque, City Attorney, 644-6380; Chris Mead, Information Systems, 665-7661

            a.            Communications

            1.            Jeff Markiewicz, MCI WorldCom

            2.            Brad W. Clerveringa, Gibson, Dunn & Crutcher LLP

Public Testimony:  The Mayor opened the public hearing.  Two speakers heard.  Moved, seconded, carried (Armstrong/Maio) to close the public hearing

 

Action:  Moved, seconded, carried (Spring/Maio; Noes - Worthington; Abstain - Olds) to adopt Resolution No. 60,923-N.S. and Resolution No. 60,924-N.S.

 

 

Information Reports

 

24.       Parking Issues for Home Health Care Workers and Community Service Program (CR# 169-00)

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

            Action:  Received and filed.

25.       Community Service Program in Lieu of Parking Fines (CR# 116-00)

            From:  City Manager

            Contact:  Fran David, Finance, 665-7401

            Action:  Received and filed.

 

26.       Community Agency Monitoring - Process Improvements

            From:  City Manager

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

            Action:  Received and filed.

 

 

    Communications

 

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

 

Page No.

 

1.         Karen Craig, re:  complaint to East Bay Paratransit.  Worthington

 

2.         Re:  Congregation Beth El Project, 1301 Oxford Street  Hawley

            a.  Nancy Gordon

            b.  Abbey Alkon

            c.  Ed Levitch, AIA

            d.  Jonathon Leonard

            e.  Lisa B. Cain

            f.  Jill Shugart, Director, Beth El Nursery School

 

3.         Rachel Rupert, Berkeley Chamber of Commerce, referring letter of Jay Wagner 

            Dean

 

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

 

Item 21 - Zoning Appeal of Use Permit #00-20000059, 1861 Solano Avenue

4.         Zelda Bronstein, President, Thousand Oaks Neighborhood Association

5.         John D. Newman, Attorney, for AT&T Wireless, Pacific Bell Wireless, Verizon Wireless, Nextel Communications, Sprint PCS

6.         J. Wesley Skow, Attorney, Latham & Watkins

 

Item 22 - Appeal of Zoning Adjustments Board Decision Regarding 2412 Piedmont Avenue

7.         Reza Valiyee

 

Item 23 - Telecommunications Fees

8.         Allan P. Donnelly, Metricom, Inc.

9.         Dean La Chapelle

 

    Adjournment

 

Actions:  Moved, seconded, carried (Olds/Worthington) to extend the meeting past 11:00 p.m. until 12:00 midnight.

 

Moved, seconded, carried to suspend the rules to extend the meeting past 12:00 midnight to 12:15 a.m.

 

The meeting adjourned at 12:05 p.m.

   


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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.