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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, FEBRUARY 13, 2001

 

Preliminary Matters

 

Roll Call:             7:11 p.m.

 

Ceremonial Matters: 

 

            Proclamation Honoring Tim Moder and Ken Hall

            Actions:  Presented proclamation.

 

The Mayor announced that Berkeley Health Officer, Dr. Poki Namkung, has been elected President Elect of the California Conference of Local Health Officers.

 

Comments from the City Manager: 

 

            Reported on the relocation of departments to the City Center Building.

The Ecology Center will sponsor a Cash for Trash Program with the goal of reducing recyclables in the waste stream.

The Young Adult Project is hosting the annual Black History Celebration on February 24 at 1730 Oregon Street.

Meetings and workshops on the planning process for East Shore State Park will be held in March.

A workshop on the University Avenue grant application will be held at the Berkeley Adult School Cafeteria on February 23.

 

Comments from the Public:  Twelve speakers.

 

Action:  Based on remarks from the public, requested a report from the City Manager regarding police and participants' behavior on the evening of February 9 during a demonstration, including disposition of private property while in City custody.

 

Youth Forum:  No speakers.

  

 

Consent Calendar

 

Action:  Moved, seconded, carried (Worthington/Armstrong) 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 Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.
Contact:  Sherry Kelly, City Clerk, 981-6900

            Action:  Adopted Resolution No. 60,925-N.S.

 

2.         Minutes for Approval
From:  City Manager
Recommendation:
  Approve the minutes for Council meetings of:  a) January 16, 2001 (regular); b) January 23, 2001 (special); c) January 23, 2001 (regular).
Contact: Sherry M. Kelly, City Clerk, 981-6900

            Action:  Approved minutes.

 

3.         Annual Appropriations Ordinance (first reading vote 1/23 - unanimous)

            From:  City Manager

Recommendation:  Adopt second 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, 981-7000

            Action:  Adopted Ordinance No. 6614-N.S.  Effective:  March 15, 2001.

 

4.         Purchase:  Replacement and New Vehicles

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the purchase of various replacement vehicles and new vehicles in an amount not to exceed $330,000 utilizing the California Master Agreement of Services (CMAS).

Contact:  Rene Cardinaux, Public Works, 981-6300

            Action:  Withdrawn by the City Manager.

 

5.         Use of Tobacco Settlement Funds

            From:  City Manager

            Recommendation:  Adopt a Resolution requesting the Governor and the State of California to dedicate at least 20% annually of the revenues received from the State portion of the Tobacco Settlement Agreement specifically for reducing tobacco use by enhancing funding for tobacco prevention, cessation and control programs.

            Contact:  Fred Medrano, Health and Human Services, 665-6879
Action:  Adopted Resolution No. 60,926-N.S.

  

6.         Contract:  Prenatal Through Preschool Program

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hatchuel, Tabernik and Associates, Inc. in an amount not to exceed $80,500 to continue the development and implementation of a comprehensive strategic plan to coordinate and collaborate childcare, health and education services for 0 to 5 year old children, for the period July 1, 2000 through June 30, 2001.

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

            Action:  Adopted Resolution No. 60,927-N.S.

 

7.         Lease:  Friends of the Public Library

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance authorizing a lease agreement with Friends of the Berkeley Public Library, a non-profit corporation, at 2433 Channing Way, for $1.00 per month for approximately 1,000 square feet, for retail sales of used books and City memorabilia, a five-year lease with a five-year option, profits from sales to go to the Public Library.

            Contact:  Fran David, Finance, 981-7300
Action:  Adopted first reading of Ordinance.  Second reading February 20, 2001.


8.         Contract:  Business License Information

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Municipal Resource Consultants/MBIA Muniservices Company (MRC/MMC) through June 30, 2001, with a sole source authorization, to provide business license and other revenue enhancements and information services for a sum not to exceed 25% of the new revenue generated by activities covered in this contract.

            Contact:  Fran David, Finance, 981-7300

            Action:  Adopted Resolution No. 60,928-N.S.

 

9.         Contract:  Harrison Street Improvement Project

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Bauman Landscape, Inc. for emergency removal and disposal of contaminated soil for Harrison Street Improvement Project by increasing the amount by $44,029 for a total not to exceed $436,459.

            Contact:  Rene Cardinaux, Public Works, 981-6300

            Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Armstrong) to adopt Resolution No. 60,929-N.S.

  

10.       Contract:  Harrison Street Skate Park

From:  City Manager

Recommendation:              Adopt a Resolution authorizing the City Manager to: 1) execute a contract and any amendments not to exceed $115,000 with qualified firms to treat groundwater in the existing skate park bowls, and to fill them to prevent groundwater from reaching the surface; and 2) to proceed with the re-design of the skate park located at 5th and Harrison Streets and to execute contracts and any amendments for required design services (including a structural engineer and a landscape architect), provided the cost of all such contracts does not exceed $50,000.

Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

            Action:  Adopted Resolution No. 60,930-N.S.

 

11.       Contract:  Hills Fire Station

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lamphier Associates for an Environmental Impact Report (EIR) for a new fire station in the Berkeley Hills, in an amount not to exceed $132,000 for all services and reimbursable expenses for the period February 15, 2001 until September 15, 2001.

            Contact:  Rene Cardinaux, Public Works, 981-6300; Reginald Garcia, Fire, 644-6665

            Action:  Adopted Resolution No. 60,931-N.S. with a revision to the City Manager report by Councilmember Worthington to clarify that it is City Council approval of a contingent purchase agreement with the East Bay Municipal Utility District, and City Council approval of a contingent joint financing agreement with the East Bay Regional Park District.

 

12.       Agreement:  Low-Income Energy Program Revenue

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a U.S. Department of Energy Weatherization Assistance Program revenue agreement and any amendments with the State Department of Community Services and Development in the amount of approximately $17,000 for the period April 1, 2001 through March 31, 2002, to provide weatherization assistance for eligible residents of Berkeley, Albany and Emeryville, approving the Priority Plan and authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

            Contact:  Stephen Barton, Housing, 665-3481

            Action:  Adopted Resolution No. 60,932-N.S.

 

13.       Presentation on Transportation and Land Use

            From:  Linda Maio

            Recommendation:  Schedule 15 minutes at February 27 Council meeting for presentation on transportation and land use surveys and recommendations for 4th Street area.

            Contact: Linda Maio, Councilmember District 1, 981-7110

            Action:  Approved recommendation.

  

14.       Assisting Indian and El Salvadoran Victims

            From:  Councilmembers Spring, Breland and Maio

            Recommendation:  Adopt a Resolution granting $4,000 to help the Indian and El Salvadoran victims of devastating earthquakes; and request the City Manager give employees information on this opportunity to donate to relief efforts.

            Contact: Dona Spring, Councilmember District 4, 981-7140; Margaret Breland, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

            Action:  Adopted Resolution No. 60,933-N.S.

 

15.       Pedestrian Safety at Special Events

            From:  Mayor Dean, Vice Mayor Shirek and Councilmember Hawley

            Recommendation:  Direct the City Attorney prepare an amendment to the Street Event Ordinance to:  1) authorize an event sponsor to adopt reasonable rules for safety (including prohibition of skates, scooters, bicycles and other wheeled vehicles, other than wheelchairs or strollers); and 2) provide for removal of persons who refuse to comply after being given notice and opportunity.

Contact:  Shirley Dean, Mayor, 981-7100; Maudelle Shirek, Councilmember District 3, 981-7130; Miriam Hawley, Councilmember District 5, 981-7150

            Action:  Approved recommendation revised to add "subject to City approval" to recommendation #1.

 

16.       Housing Policy for Development of Ashby BART West Parking Lot

            From:  Vice Mayor Shirek

            Recommendation:  Adopt policy guidelines that the west parking lot at the Ashby BART Station be developed with housing as a top priority.  To the extent possible, housing should be affordable and available to public sector workers.  If necessary, replacement parking and movement of Berkeley Flea Market to another site should be considered.

            Contact: Maudelle Shirek, Councilmember District 3, 981-7130

            Action:  Approved recommendation.

 

17.       Inspection of Ventilation Pipes from Apartments with Gas Heaters

            From:  Councilmember Worthington

            Recommendation:  Refer to the City Manager research including the inspection of all ventilation pipes from apartments with gas heaters in the carbon monoxide inspections.

            Contact: Kriss Worthington, Councilmember District 7, 981-7170

            Action:  Approved recommendation.

 

18.       Opposing Revisions to Pacifica By-Laws

            From:  Councilmember Worthington

            Recommendation:  Adopt a Resolution opposing revisions to Pacifica By-Laws.

            Contact: Kriss Worthington, Councilmember District 7, 981-7170

            Action:  Adopted Resolution No. 60,934-N.S. (Abstain - Armstrong, Olds)

  

19.       Glendale Path Restoration

            From:  Councilmember Olds

            Recommendation:  Request any remaining money in the FY 2000-01 budget for repair and improvement of pathways, be used for Glendale Path and that next year's budget allocation for reconstruction of pathways be used towards completion of this project in accordance with the recommendations of the Berkeley Path Wanderers Association.

            Contact: Betty Olds, Councilmember District 6, 981-7160

            Action:  Removed from the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Worthington/Olds) to approve the recommendation and to request the City Manager come back with a report on the cost and priority of paths that are in need of repair and a recommendation by Mayor Dean to explore employing City teenagers and/or Conservation Corps to do the restorations.

 

20.       Food and Nutrition Policy
From:  Mayor Dean
Recommendation: 
Refer to the City Manager for consideration and report back, the adoption of the Food and Nutrition Policy of the Berkeley Unified School District for all City programs involving regular preparation and serving of food and snacks in youth centers, senior centers, summer camp program, etc.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation with a request by Councilmember Maio that the City Manager work with the Food Policy Council.

 

21.       Cancel March 13 Council Meeting and Waive Fees for a Celebration in MLK Park for the Opening of Berkeley Repertory Theatre

            From:  Mayor Dean

            Recommendation:  Adopt a Resolution: 1) canceling the regular Council meeting of March 13, 2001 in deference to the grand opening of the Berkeley Repertory Theatre; 2) waiving $3500 fees for the celebration in Martin Luther King Jr. Civic Center Park from March 9 through March 15; and 3) waiving the ban on alcohol in MLK Park for the celebration.

            Contact:  Shirley Dean, Mayor, 981-7100

            Actions:  Removed from the Consent Calendar by Councilmember Spring.  Deleted recommendation #3.             Moved, seconded, failed (Maio/Worthington; Noes - Armstrong, Breland, Olds, Shirek, Dean) a substitute motion to not cancel the meeting but to meet at 8:00 p.m. and to approve waiving the $3500 fees.

 

            Moved, seconded, carried (Armstrong/Hawley; Noes - Breland, Maio, Spring, Worthington) the main motion canceling the March 13th Council meeting and approving waiving the $3500 fees. Adopt Resolution No. 60,935-N.S.

 

22.       Fire and Emergency Services Grant

            From:  Mayor Dean

            Recommendation:  Refer to the City Manager for report back, the possibility of seeking a Fire Prevention and Control Act grant through FEMA.

            Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

23.       Urban Park and Recreation Recovery Program Grant

            From:  Mayor Dean

Recommendation:  Refer to the City Manager for report back, the seeking of grants under the Urban Park and Recreation Recovery Program (UPARR) for such projects as: 1) completion of I-80 Overpass; 2) acquisition of radio station property to expand Aquatic Park; 3) renovation of facilities in Aquatic Park; 4) completion of renovation of the Martin Luther King. Jr. Recreation Center and other appropriate facilities and programs; 5) seek assistance under the Rivers and Trails Program of the National Park Service for the restoration and master planning of a City/Regional connected pathway system.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Approved recommendation.

 

24.       Support S1900 and HR3700 - National Rail/Transit System and Adopt City Policy on Rail

            From:  Mayor Dean

Recommendation:  a) Support S1900 and HR3700 which provides $10 billion in federal bonds, paid for with federal income tax credits to the bondholders, for the creation and enhancement of a national high-speed rail system, including local intercity passenger rail carriers; b) request the City Clerk notify the bill sponsors and the City's Washington representatives and lobbyist that the City supports a new investment in a national rail system on the condition that the funds be used in accordance with the following principles, which they should ensure are incorporated into appropriate statements of legislative intent since the particular bills under discussion are technical in nature and do not provide the appropriate context: 1) local priorities for transit projects will be respected and not displaced, 2) operating subsidies for rail projects will not decrease funding available to other transit systems, 3) compact mixed-use development will be encouraged around stations, 4) growth inducement and sprawl will be avoided, 5) negative impacts on natural habitat should be avoided and there should be full mitigation for any unavoidable adverse impacts, 6) rail stations should be connected to existing systems and any parking for rail transit should full pay its own parking costs; and c) refer this item to the Transportation Commission for comments and referral back to Council as to adoption of this policy as the official City policy on this subject.

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Breland/Worthington) to approve the recommendation.

 

25.       Appointment of Vice-Mayor

From:  Mayor Dean

Recommendation:  Confirm Maudelle Shirek as Vice Mayor for a term that continues to December 1, 2002.

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Adopted Resolution No. 60,936-N.S. confirming Vice Mayor Shirek.

 

26.       Appointment to Mental Health Commission

            From:  Mental Health Commission

            Recommendation:  Adopt a Resolution appointing Catherine Auman to the Mental Health Commision, General Public Interest category, for a three-year term beginning February 14, 2001 and ending February 13, 2004.

            Contact:  Harvey Tureck, Secretary, 644-8562, ext. 213

            a.            City Manager Report

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

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

            Action:  Adopted Resolution No. 60,937-N.S.

 

27.       Policy:  Removal of Flyers from Lampposts and/or Utility Poles

            From:  Police Review Commission (PRC)

            Recommendation:  Request the City Manager request the Berkeley Police Department (BPD) develop a training bulletin or general order delineating BPD policy regarding officers removing flyers from lampposts and/or utility poles.

Contact:  Barbara Attard, Secretary, 644-6716

a.            City Manager Report

            Recommendation:  Concurs with content and recommendations of the Commission.  A BPD Training and Information Bulletin has been completed on this topic and will be  issued in the near future.

            Contact:  Weldon Rucker, City Manager, 981-7000

            Action:  Removed from the Consent Calendar by Mayor Dean.  Moved, seconded, carried (Worthington/Maio) to approve the City Manager's recommendation.

 

 

Action Calendar

 

Priority:

 

28.       Presentations, Discussions, Recommendations and Actions regarding

            Energy Crisis:

a)            From:  Energy Commission
Recommendation:  
Adopt a Resolution: 1) establishing that conservation and energy efficiency are the best and most immediate courses of action to address the current energy crisis; 2) The Commission to develop specific budgetary recommendations and courses of action to implement a city-wide conservation program that can substantially reduce the consumption of energy; and 3) The City to investigate the feasibility of opt-out municipal aggregation, municipal ownership and climatic load profiles.

Contact:  Neal De Snoo, Secretary, 981-5434

 

b)            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:  Suzanne Ryan, Secretary, 644-6107

  

c)            From:  Citizens Budget Review Commission

Recommendation:  Adopt a policy whereby the City should not profit at the expense of resident ratepayers, from the windfall in Utility Users Tax revenues resulting from recent increases in gas and electricity rates, and to this end, the Council to: 1) Instruct the City Manager to initiate discussions with executives of PG&E at the highest possible level to determine whether the base to which the Utility User Tax applies can be limited to costs computed as if the gas and electric rate schedule in effect on June 1, 2000, remained in effect; 2) Instruct the City Manager that if they and PG&E cannot find an expedient way to impose the cap, they must explore other means by which the Excess Utility Users Taxes wither will not be collected in the first place or can be returned to the ratepayers without the complications and unfairness that attended past tax rebate efforts; and 3) If, neither of the two foregoing explorations is successful, that Council adopt a Resolution requiring that the Excess Utility Taxes be deposited in a special fund pending a determination by the Council as to how to expend the Excess Utility Users Taxes.

Contact:  Phil Kamlarz, Deputy City Manager, 981-7000

 

d)            Municipal Ownership of the Electrical System (CR 271-00) (to

               be delivered)

            From:  City Manager

Recommendation:  Direct the City Manager to:  1) Explore options to set aside windfall utility revenues (gas and electric) to provide immediate assistance to low income residents; 2) Make and expand a community conservation and efficiency program a priority for the City and report to the City Council on March 20 with a scope and budget for this program; 3)  Prepare an estimate of the resources required to conduct pre-feasibility analyses of opt-out community aggregation and municipal ownership of PG&E facilities with the City; and 4) Make climatic load profiles and enabling legislation for opt-out community aggregation legislative priorities.

Contact:  Stephen Barton, Housing, 665-3481

 

e)            Development of an Energy Program
From:  Vice Mayor Shirek and Mayor Dean

            Recommendation:  Direct the City Manager to: 1) Investigate formation of a Berkeley Power Authority to purchase energy at lower cost; financing conversions to alternate energy sources for residents; participating in joint ownership of power facilities with other governmental agencies; 2) Create Energy Conservation Program with voluntary goal of 20% reduction in energy use; 3) Sign letter of agreement with LBNL to form Energy Technical Assistance Group to advise on matters of energy, particularly energy conservation; 4) Volunteer buildings as test sites for new lighting being developed by LBNL; 5) Work with Energy Commission and ETAG to fine tune a specific energy plan that includes but is not limited to education, incentives to encourage participation, energy alternatives, pricing strategies and energy audits; invite BUSD, University and others to work with the City on all energy conservation matters; 6) Expand the Low-Income Home Energy Assistance Program to provide financial assistance with soaring utility bills to eligible low-income residents; 7) Make formal request to parent holding company of PG&E to: a) give the City a grant towards assisting low-income persons with energy bills, b) actively participate in energy conservation by requiring energy division to set goal for conservation of electrical and natural gas energy, expressed as percentage

reachable within a set time period, c) reinstate vigorous energy incentive program, and d) perform energy audits as free or minimal cost service to businesses and residents; 8) Write a letter to State PUC informing them of these actions and requesting they consider requiring programs to assist low-income customers and steps on how such programs can be strengthened through an infusion of funds from the PG&E parent division that is showing a profit; 9) Write to Governor Davis and the California League of Cities informing them of the above request to the PUC and requesting they join us in this request; 10) Report back to Council.

            Contact: Maudelle Shirek, Councilmember District 3, 981-7130; Shirley Dean, Mayor, 981-7100

 

f)            Energy Crisis Rapid Response Plan

From:  Councilmember Maio

Recommendation:  That the City make a concerted effort to respond and take action to the energy crisis as outlined in my report.

Contact: Linda Maio, Councilmember District 1, 981-7110

 

            g)            Endorsement of Foundation for Taxpayer and Consumer Rights
From:  Councilmember Spring

            Recommendation:  Endorse the Foundation for Taxpayer and Consumer Rights Ratepayer Protection Act which: 1) Requires refunds to San Diego customers of excessive electricity charges through a windfall profits tax on profiteering power generators; 2) Requires oversight of electricity rates by the Public Utilities Commission (PUC); institutes an integrated resource planning process to address future energy needs; 3) Creates a state power authority to ensure the fulfillment of California's energy needs, promote conservation, and construct operate power plants, transmission and distribution facilities; 4) Facilitates the authority of local and state government to exercise the power of eminent domain if necessary; and 5) Creates strong accountability mechanisms for state agencies; and request the City Manager send our endorsement and background materials to our state and federal officials.

            Contact: Dona Spring, Councilmember District 4, 981-7140

 

            h)            Citizen’s Efforts to Conserve Energy – Information Report
From:  Councilmember Spring
Contact:  Dona Spring, Councilmember District 4, 981-7140

 

            i)            Solar Energy

            From:  Mayor Dean and Vice Mayor Shirek

            Recommendation:  Schedule a presentation on the development of solar energy for residences and businesses, and include representatives from U.S. Department of Energy, State of California, University of California, Lawrence Berkeley National Laboratory, and private industry.
Contact:  Shirley Dean, Mayor, 981-7100;  Vice Mayor Shirek, 981-7133

            Action:  Moved, seconded, carried (Shirek/Worthington) to refer to the City Manager recommendations contained in Item 28 (A-I) and recommendations contained in additional reorts by Councilmember Spring (Endorsement of Foundation for Taxpayer and Consumer Rights); Councilmember Maio’s supplemental item dated February 13, 2001; Mayor Dean and Vice Mayor Shirek’s supplemental item received at the meeting of February 13, 2001; and recommendations contained in letter from Ann Fagan-Ginger received at the meeting of February 13, 2001.

 

 

Old Business:

 

29.       Decision on Appeal of Zoning Adjustments Board Decision Regarding 2412 Piedmont Avenue (public hearing held on 1/23)

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 dated February 13, 2001 *

            Recommendation:  Adopt a Resolution declaring the building at 2412 Piedmont Avenue a public nuisance pursuant to Berkeley Municipal Code Chapter 23B.64.

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

Action:  Moved to Consent Calendar by Councilmember Worthington.  Adopted Resolution No. 60,938-N.S.

 

30.       Loan Agreement:  Berkeley EcoHouse (removed from the Consent Calendar by Councilmember Olds and held over from 1/16)

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a loan agreement and any related agreements and amendments with Berkeley EcoHouse for the period February 1, 2001 until December 31, 2056, in an amount not to exceed $40,000, for repayment of principle on loans used to acquire and improve property at 1305 Hopkins Street, to serve as a demonstration of sustainable living and a community resource.

a.            Board of Directors list

b.            1999-2001 Budget

Contact:  Stephen Barton, Housing, 665-3481

Action:  Moved, seconded, carried (Maio/Spring) to adopt Resolution No. 60,939-N.S., amended by Mayor Dean to clarify that the house is for residential use, and to request the Board of Directors try to include a family or persons who are holders of Section 8 certificates.

 

31.       Free or Low-Cost Public Amenities (removed from the Consent Calendar by Councilmember Worthington and held over from 1/16)

            From:  Mayor Dean

Recommendation:  Direct the City Manager 1) explore with Infinity Outdoor proposals which might result in free or low-cost public amenities (street furniture, public automatic toilets, bus shelters kiosks) in exchange for advertising capacity and also without advertising capacity; 2) evaluate status of Lamar/AC Transit/City proposal to provide bus shelters and benches and determine whether this proposal is valid.  If it is valid, to bring this to Council within 30 days.  If the proposal is valid, and cannot be brought to Council within a 30-day time frame, provide a report to the Council as to when the proposal will be ready for Council action.  If the proposal is not valid, to inform Council of that fact; 3) outline to Council a process by which these matters will be considered, such process to include all safeguards to ensure competitive bidding and ensure that the City receives the best deal possible, and also considering the desire to give preference to purchasing from Berkeley-based companies.

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Moved, seconded, carried (Worthington/Maio; Absent - Hawley) to refer to the City Manager Mayor Dean’s revised recommendation amended by Councilmember Worthington to remove reference to any vendor and instead to refer “any and all proposals from any company” .

New Business:


32.       Mid-Year Budget (to be delivered)

From:  City Manager
Recommendation: 
Allocate, or set-aside, funds for immediate FY2001 needs.  Specifically, it is recommended that Council: 1) Accept the status report apprising the Council of citywide year-to-date revenues and expenditures through December 31, 2000 and preliminary update of the General Fund Forecast for FY2002 & FY2003; 2) Approve amendments to the FY2001 budget for those items previously approved by Council as well as additional urgency items; and 3) Defer to the FY2002 & FY2003 Biennial Budget process (May-June) consideration of all other funding requests.

Contact:  Phil Kamlarz, City Manager, 981-7000
Actions:  Moved, seconded, carried (Armstrong/Hawley) to adopt Resolution No. 60,940-N.S. approving the City Manager's recommendation #2 as proposed in the staff report with the exception of $35,000 allocated for the ICLEI N. American Conference which will come back at a later date.

 

Moved, seconded, carried (Maio/Hawley) to approve recommendations #1 and #3 as proposed by the City Manager.

 

33.       Regional Appointments/Special Assignments

            From:  City Manager

Recommendation:  Adopt a Resolution designating members of the Council to serve as appointees to regional bodies and/or on special assignments.

Contact:  Sherry Kelly, City Clerk, 981-6900

Action:  Withdrawn by the City Manager


34.       Council Liaison Appointments

            From:  City Manager

Recommendation:  Adopt a Resolution designating members of the Council as liaisons to the Library Board of Trustees, to the Mental Health Commission, and to the Community Health Commission.

Contact:  Sherry Kelly, City Clerk, 981-6900
Action:  Withdrawn by the City Manager.

 

35.       Appointment of Vice Mayor

            From:  City Manager

Recommendation:  Adopt a Resolution designating a member of the Council as the Vice Mayor for a term ending on November 30, 2002.

Contact:  Sherry Kelly, City Clerk, 981-6900

Action:  Withdrawn by the City Manager.

 

36.       2000-2001 Housing Trust Fund Proposals

            From:  City Manager

Recommendation:  Adopt a Resolution approving fund reservations in the total amount of $1,991,000 for the following project proposals from the FY2000-2001 Housing Trust Fund (HTF), with conditions, and authorizing the City Manager to execute loan agreements and other loan documents related to the fund reservations:  1) Picante House, 711 Harrison Street (BOSS, Inc.) $296,000; University Neighborhood Apartments, 1725 University Avenue (Affordable Housing Associates) $1,450,000; and Hope Homes, 2418 8th Street (Jubilee Restoration) $245,000.

Contact:  Stephen Barton, Housing, 665-3481

Actions:  Moved and approved all funding reservations with the exception of the University Neighborhood Apartments to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 60,941-N.S.

Moved, seconded, carried (Armstrong/Shirek; Absent - Maio) to adopt Resolution No. 60,942-N.S. approving the University Neighborhood Apartments funding reservation.  (Councilmember Maio recused herself due to the fact that she lives close to this project.)

 

37.       Policy:  Voluntary Detention/Consensual Encounters

            From:  Police Review Commission (PRC

Recommendation:  Request the City Manager to: 1) direct the City Attorney to review the legal parameters of consensual encounters between police officers and members of the public and other requests for identification, with consideration of liability issues, and with the intended outcome being to revise General Order R-29 (Field Interviews) to instruct officers that they must not coerce responses to inquiries during field interviews; and research the legal history regarding the issues of this policy recommendation to determine when and how often the law changes around these issues; and 2) direct the Berkeley Police Department (BPD) to develop a new training bulletin or general order instructing officers that they are not allowed to demand compliance in consensual encounters and other stops involving requests for identification unless there is evidence of illegal activity.

Contact:  Barbara Attard, Secretary, 644-6716

a.            City Manager Report

Recommendation:  Please take no action until the City Manager has had an opportunity to provide a report in March.

Contact:  Weldon Rucker, City Manager, 981-7000

Action:  Moved to the Consent Calendar by Councilmember Worthington approving the City Manager recommendation.

   

38.       Policy:  Bicycle Issues

            From:  Police Review Commission (PRC)

Recommendation:  Request the City Manager to:  1) direct the City Attorney to issue a legal opinion in consideration of the legal opinion of David Beauvais regarding closing the University Avenue overpass, the Solano Tunnel, and the Ashby underpass to bicycle traffic; 2) instruct Berkeley Police Department (BPD) to communicate with Critical Mass regarding the route of their rides in order to be as amenable as possible to allow Critical Mass free access to all City streets, to include the University Avenue Overpass, the Solano Tunnel, and the Ashby Underpass - it would be the responsibility of Critical Mass to inform BPD of its intention to use these roadways; 3) that Council endorse joining surrounding counties in establishing a bicycle diversion program that would include bicycle education and tracking of warnings issued; 4) direct BPD to include language in appropriate General Orders and Training and Information Bulletins instructing officers to write police reports in all cases involving bicycle/motor vehicle accidents.

Contact:  Barbara Attard, Secretary, 644-6717

a.            City Manager Report

Recommendation:  Please take no action until the City Manager has an opportunity to provide a report in March.

Contact:  Weldon Rucker, City Manager, 981-7000

Action:  Moved to the Consent Calendar by Councilmember Worthington approving the City Manager recommendation.

 

Information Reports

 

39.       Investment Report for First Quarter Ending September 30, 2000

            From:  City Manager

            Contact:  Fran David, Finance, 981-7300

            Action:  Received and filed.

 

40.       Formal Bid Solicitation and Request for Proposals Scheduled for Possible Issue in the Next 30 Days

            From:  City Manager

            Contact:  Fran David, Finance, 981-7300

            Action:  Received and filed.

 

41.       Development Impact Fee Report Required Under State Law

            From:  City Manager

Contact:  Bill Lambert, Economic Development, 705-8180; Stephen Barton, Housing, 665-3481

            Action:  Received and filed.

 

42.       Summary of Activities for 2000 and Work Plan for 2001

            From:  Fair Campaign Practices Commission

            Contact:  Prasanna Rasiah, Secretary, 981-6950

            Action:  Received and filed.

 

 

Communications

 

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

 

Page No.

 

1.         re: Tool Lending Library

Rosemary Vimont, including letters signed by 230 residents

a.  Patty Wong, Supervising Librarian, South Branch and Tool Lending Library

b.  Tri Quang Nguyen

c.  T. C. Chen

d.  Pat McGowen

            e.  Mike Lara

            f.  Abukari

            g.  Patty Wong, South Branch and Tool Lending Library

            h.  Barbara Herendeen

            i.   Robin J. Goldman, Garden Coordinator, Columbus School

            j.   Tim and Lori Twomey

            k.  Muriel Eldridge

            l.   Jerry Kerson

            m. Larry Klein

            n.  Kirk Fard

            o.  Sample emails to Tool Lending Library Website

            p.  Rosemary Vimont, newpaper articles

 

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

            a.  Mark Hulbert  Breland

            b.  Deni Bluestein  Breland

            c.  Carol Drucker, Ph.D.

            d.  Karen Kaufman, Ph.D.

            e.  Claire Ellen Max

            f.   Sharon J. Smith, Ph.D.

            g.  Alan Gould

h.  Temple Beth Hillel, Resolution in Support of Congregation Beth El's

     Application     Breland

i.   29 identical letters from:  Nancy Ticburg, Elsa Tranter, Dianna Hiller,

     Elizabeth Wagele, August Wagele, Fred Isaac, Dorluf Taybrer, Carol J.

     Olson, Robin Reiner, Revan A. F. Tranter, Robert Branlinfin, Barbara Fierer,

     T. Gerritz, Norman Samuelson, Kris Pikaart, Sanjay Chondhrie, Cecile

     Isaacs, Grant Veitch, Armand Longhausen; Daniel D'Albo, Barbara Eckhardt,

     Gavriel Thoses, F. L. Moses, Linda

     Press Wolf, Dr. Stanley Wolf, Margaret Myhrer, Theodore Ohashi, K.

     Kathryn Ohashi, G. Stadle, H. Villanueva.

j.   Linda Walker

k.  Claire Sherman

l.   Joel S. Jacobs

  

3.         re:  American Soils site and Expansion of Aquatic Park  Maio

            a.  Rachel Crossman  Breland

            b.  Alexandra Sheets Saikley

            c.  Catherine Cassel  Breland

 

4.         re: 2700 San Pablo Avenue

            a.  Leslie Marcks

            b.  Bob Kubik

            c.  Lynn Koolish and Glen Epperson

            d.  Debra DeFusco

            e.  Henry Landry

            f.   Carrie Dovzak

            g.  Daniele Spellman

            h.  John Hagopian

 

5.         Charles L. Smith, re: public ownership of utilities Worthington

 

6.         Primo Facchini, re: carbon monoxide detectors  Worthington, Maio

 

7.         Susmita Ghosh, re: 2507-09 McGee Avenue hearing 1/25/01  Armstrong,

            Maio, Dean

 

8.         Linda Rosen, President, Berkeley Historical Society, re:  Berkeley cornerstone,

            time capsule.  Worthington, Maio, Dean

           

9.         Wade Skeels, re:  office development project of Hamilton Partners LP.

 

10.       Toni Loveland, Sierra Club, re:  Bird Rescue Center.  Worthington

 

11.       Theodore R. Edlin, re: General Plan, Housing Element.  Dean

 

12.       Richard J. Burton, M.D., M.P.H., President, California Conference of Local Health Officers, re:  election of Dr. Poki Stewart Namkung to President-Elect of the Conference.

 

13.       Peter Wald, Latham & Watkins, re:  Qwest Communication Corporation's continued request for access to the public rights-of-way.

 

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

 

Item 16 - Housing Policy for Development of Ashby BART West Parking Lot

14.       Barry Fike, Berkeley Federation of Teachers, AFT Local 1078; John Kelly, UPTE Local 1 (UPTE/CWA 9119); Ray Jefferson, Local 535; Sandra Lewis, Local 790, Clerical Chapter; Margy Wilkinson, Chair, Commission on Labor.

 

Item 21 - Cancel March 13 Council Meeting and Waive Fees for a Celebration in

                MLK Park for the Opening of Berkeley Repertory Theatre

15.       Carrie Sprague.  Worthington, Breland, Spring

 

 

Item 28 - Presentations, Discussions, Recommendations and Actions regarding

                Energy Crisis

16.       Hal Aronson, Ph.D.  Breland

17.       Carl Lenox, KW Engineering

18.       Martin Bourque, Acting Executive Director, Ecology Center

19.       Councilmember Dona Spring, revised report

20.       Councilmember Linda Maio, report and recommendation

 

Item 29 - Decision on Appeal of Zoning Adjustments Board Decision Regarding

                2412 Piedmont Avenue (public hearing held on 1/23)

21.       Malcolm A. Smith, Attorney at Law

22.       Reza Valiyee

 

Item 30 - Loan Agreement:  Berkeley EcoHouse (removed from the Consent

                Calendar by Councilmember Olds and held over from 1/16)

23.       Clifford Fred

 

Item 31 - Free or Low-Cost Public Amenities (removed from the Consent

                Calendar by Councilmember Worthington and held over from 1/16)

24.       Mayor Shirley Dean, revised report from January 16 agenda.

 

Item 32 - Mid-Year Budget

25.       Councilmember Dona Spring re:  accessibility of City Council chambers. 

            Breland

 

Item 36 - 2000-2001 Housing Trust Fund Proposals

26.       Walter Wood

 

Adjournment

 

Action:  Moved, seconded, carried (Maio/Shirek) to extend the meeting past 11:00 p.m.

 

The meeting adjourned at 11:07 p.m. in memory of Gwendolyn E. H. Brinkley.

 


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