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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, MAY 15, 2001

 

Preliminary Matters

 

Roll Call:      7:00 p.m.; All present.

 

Ceremonial Matters:  Presented the Fire Department’s Emergency Medical Services team with an award for their outstanding work and proclaimed the week of May 20 – 26, 2001, as Emergency Medical Services Week.

 

Comments from the City Manager: 

 

A briefing on the Eastshore State Park Plan is being held May 21, 2001 at 7:00 p.m. at H’s Lordships.

 

A community meeting on review of the draft plan for Cordonices Creek is being held on May 17, 2001 at 7:00 p.m. at the West Berkeley Senior Center.

 

A neighborhood meeting related to the impact of the Corporation Yard is being held on May 17 at 6:30 p.m. at the Corporation Yard on Allston Way.

 

The City Manager briefed the Council on the status of the two (2) meningitis cases and the clinics that were established over the weekend.  The City Manager stated that the Public Health nurses, as well as staff in the Police and Fire Departments and City Manager’s Office did an outstanding job in informing the public and setting up clinics.
 

 Comments from the Public:  11 speakers.

Consent Calendar

 

Action:  Moved, seconded, carried (Worthington/Breland) to adopt the Consent Calendar in one motion unless otherwise indicated.
 

1.         Lease:  1950 Addison Street (first reading vote 5/8 – unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to make monthly lease payments for the remaining two years of a five-year lease with 1950 Addison Street Associates LLC in an amount not to exceed $170,955 for lease payments, plus $17,255 for operating expenses, for a total not to exceed $188,210 to house the Berkeley WorkSource Employment Program at 1950 Addison Street, and repealing Ordinance No. 6405-N.S.

Contact:  Fran David, Finance, 981-7300

Action:  Adopted second reading of Ordinance No. 6626-N.S. Effective:  June 14, 2001.

 

2.         Owner/Guardian Ordinance and Provisions Regarding Service Dogs (CR# 33-01) (first reading vote 5/8 – unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 10.04 (Dog and Cat Licenses and Regulations) to change the term "owner" to "owner/guardian," clarify exceptions that apply to service dogs, and make other minor clarifications.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action:  Adopted second reading of Ordinance No. 6627-N.S. (Noes – Armstrong) Effective:  June 14, 2001.

 

3.         Building Code Amendment (first reading vote 5/8 – unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.28.130A, to amend language in order to ensure life safety standards for all live/work and work/live occupancies.

Contact:  Wendy Cosin, Planning and Development, 705-8102

Action:  Adopted second reading of Ordinance No. 6628-N.S.  Effective:  June 14, 2001.

 

4.         Sidewalk Benches and Planters, Encroachments (first reading vote 5/8 – unanimous)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance adding Chapter 23E.26 to the Berkeley Municipal Code (BMC) relating to sidewalk benches and planters and adding a new Section 16.18.040 relating to encroachments.

            Contact:  Wendy Cosin, Planning and Development, 705-8102

Action:  Adopted second reading of Ordinance No. 6629-N.S.  Effective:  June 14, 2001.

 

5.         Contract:  Ashkenaz

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract amendment with Ashkenaz to revise the Scope of Services and extend the contract through June 30, 2002.

Contact:  Stephen Barton, Housing, 981-5400

            Action:  Adopted Resolution No. 61,061-N.S.


6.         Contract:  Automated Scheduling and Substitute Employee Hiring System

            From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Principal Decision Systems to purchase the Telestaff system that provides necessary software, hardware and services for the implementation of an automated scheduling and substitute employee hiring system for the Fire Department, for an amount not to exceed $60,000.

Contact:  Reginald Garcia, Fire, 981-3473

            Action:  Adopted Resolution No. 61,062-N.S.

 

7.         Temporary Employment Agency Services

            From:  City Manager

Recommendation:  Adopt a Resolution approving expenses of up to $36,053 for Volt Temporary Employment Agency services to the Parks and Waterfront Department for the period July 1, 2000 to June 30, 2001.

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

            Action:  Adopted Resolution No. 61,063-N.S.

 

8.         Order of Agenda, Old Business

            From:  Mayor Dean

Recommendation:  Establish rule that the order of the agenda in the Section entitled "Old Business" be as follows:  Items carried over from previous council meetings would be placed in the Section entitled "Old Business" as is the current practice.  These items of unfinished business shall be placed in date order with the oldest items at the beginning of the Old Business section.  Several items carried over from the same council agenda shall be placed in the same order as they appeared on the original agenda.  The date of the item when it was originally pulled from the Consent Calendar or carried over as unfinished business shall determine the oldest date.  The only exception to this rule shall be the City Manager's determination that an item is time sensitive and needs to be acted upon as soon as possible.  This determination by the City Manager shall move that item to the beginning of the Old Business section regardless of the date.  In these instances, the item or items would be placed in sub-category under Old Business that indicates that the following item or items were "Priority Matters as Determined by the City Manager."

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Removed from Consent by Councilmember Maio.  Discussed in conjunction with Item 32.  Moved, seconded, carried (Breland/Maio) to approve amending Council Rules of Procedure and approving this recommendation.

 

9.         Support Continuation of Federal Lawsuits against Coal-Fired Power

            Plant Polluters

            From:  Mayor Dean

Recommendation:  Support the continuation of Federal lawsuits against coal-fired power plant polluters, and request the City Clerk inform our Federal legislators, President Bush, Vice President Cheney, Secretary of Energy Spencer Abraham, and head of the Environmental Protection Agency Christie Todd Whitman.

Contact:  Shirley Dean, Mayor, 981-7100

Action:  Approved recommendation.


10.       Fee Waiver:  Wavy Gravy 65th Birthday Benefit Celebration

            From:  Councilmember Worthington

Recommendation:  Adopt a Resolution waiving fees to close off street on Allston Way for parking for Wavy Gravy's 65th birthday benefit celebration for SEVA at the Berkeley Community Theater.

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

Action:  Adopted Resolution No. 61,064-N.S. as amended by Councilmember Worthington to not close off the street, but rather “reserve parking”.

 

11.       Rent Guarantee for East Bay Depot for Creative Reuse (to be

            delivered)

            From:  Councilmember Maio

Recommendation:  Adopt a Resolution authorizing the City Manager to provide a rent guarantee to the East Bay Depot for Creative Reuse of up to six months, not to exceed $100,000, for the lease of a prospective new home.

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

            Action:  Removed from Consent by Councilmember Armstrong.  Moved,

            seconded, carried (Maio/Worthington) to adopt Resolution No.

            61,065-N.S. with the understanding that the guarantee would be subject to

            the City Manager’s approval.

Presentations

 

12.       AC Transit Service and Transit Needs in Berkeley

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            Action:  Heard presentation.

 

13.       Sanitary Sewer Program Study

            From:  Public Works Commission

Recommendation:  Direct the City Manager provide staff resources to permit development of necessary detailed information to permit the Public Works Commission (PWC) to cooperate with the Citizens Budget Review Commission and concentrate on the following Management and Evaluation portions of the overall review:  1) review of guidelines for Sewer Fund expenditures, either imposed locally by Council or staff, or by regulatory agencies (California Regional Water Quality Board or Federal Environmental Protection Agency), and development of additional guidelines if deemed necessary as a result of the review; 2) evaluation of performance measurements; effectiveness of such measures; and recommendations for future measurements; 3) review of annual plans, annual performance, and effectiveness of program and development of a program for the remainder of the 30-year Compliance Plan, continued rehabilitation of the sewage collection system, and adequate maintenance and repair to preclude severe degradation in the future; 4) validation of quantity of collection lines (including laterals) rehabilitated or replaced each year; 5) management process on performance of sewer rehabilitation contracts; and 6) current field measurements and reporting methods designed to evaluate the reduction in wet weather excess flows.  It is further recommended that the City Council initiate a staff and public awareness effort regarding “upper lateral responsibility” by directing the City Manager to contract for professional support to develop such a program. 

Contact:  Jeff Egeberg, Secretary, 981-6406

a.            From:  Citizens Budget Review Commission

Recommendation:  Request the City Manager provide the Citizens Budget Review Commission (CBRC) with necessary data to undertake a study, in response to a council request to both the Public Works Commission (PWC) and CBRC, to review and develop recommendations on the City's Sanitary Sewer Program.

Contact:  Contact:  Phil Kamlarz, Deputy City Manager, 981-7006

            b.            City Manager Report

            Recommendation:  Concurs with the content and recommendations of the             Commissions.

            Contact:  Rene Cardinaux, Public Works, 981-6300

Action:  Heard presentation.  Moved, seconded, carried (Hawley/Maio; Absent – Worthington) to approve both Commission recommendations.  Requested that the funds in the budget be used solely for the Sanitary Sewer Program; requested staff explore various ways to educate the public.

 

14.       Green Building Initiative

            From:  City Manager

            Contact:  Bill Lambert, Economic Development, 705-8180

            Action:  Heard presentation.

Action Calendar

 

Old Business:

 

15.       Task Force on Citywide Transit Pass (removed from the Consent Calendar by Councilmember Hawley and held over from 3/20, 4/17, 5/8)

            From:  Councilmember Worthington

Recommendation:  End the term of the Task Force on Citywide Transit Pass and refer the issue to the City Manager and the Transportation Commission.

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

            Actions:   Councilmember Maio announced she would resign from the Task Force in order that other councilmembers could serve.

Moved, seconded, carried (Worthington/Spring) to approve a substitute motion to continue the Task Force for its duration but to change the composition of Council membership to include Mayor Dean, and Councilmembers Armstrong, Hawley and Worthington.  Adopted Resolution No. 61,066-N.S. amending Resolution No. 60,753-N.S.

Moved, seconded, carried (Worthington/Spring; Noes –Armstrong, Hawley, Olds, Dean) to appoint Councilmember Worthington as chair.

Moved, seconded, failed (Armstrong/Olds; Noes – Breland, Maio, Shirek, Spring, Worthington) to continue the Task Force for its duration, to change the composition of Council membership to include Mayor Dean and Councilmembers Armstrong, Hawley and Worthington and to allow the Task Force to elect its chair.

           

            Councilmember Armstrong and Mayor Dean announced they would resign from the Task Force.  Councilmember Hawley stated she would resign from the Task Force.


16.       Policy:  Compatibility of Outside Employment by Members of Boards and Commissions (held over from 3/20, 3/27, 4/17, 58)

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) section 3.02.050 providing for Council determination as to whether outside employment of public officials is incompatible and providing for automatic termination of board and commission appointments under certain circumstances, as determined by the Council.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

            a.            Information Report

            From:  City Manager

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

 

            Actions:  Moved, seconded, carried (Armstrong/Hawley; Noes – Breland, Shirek, Spring, Worthington) a main motion to direct the City Attorney to draft an ordinance that would provide that under Government Code Section 1126, commissioners that are appointed by the Council to all commissions, with the exception of the Homeless Commission, Housing Advisory Commission, Human Welfare and Community Action Commission, Landmarks Preservation Commission, Planning Commission, Police Review Commission, and Zoning Adjustments Board,  shall not be disqualified from appointment to the commission but shall recuse themselves on matters that come before their commissions that are related to their specific employment responsibilities.

 

            Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Breland, Hawley, Maio, Olds, Shirek, Dean) a substitute motion to require commissioners that sit on advisory commissions to abstain from voting on any issue that comes before the commission involving the commissioner’s employer.

 

17.      Whether Gordon Wozniak is Engaged in Employment Incompatible with Membership on the Community Environmental Advisory Commission

            From:  City Manager (held over from 3/20, 3/27, 4/17, 5/8)

            Recommendation:  Consider and determine whether Gordon Wozniak is engaged in an employment, activity or enterprise for compensations which is inconsistent, incompatible or in conflict with his or her duties as a member of the Community Environmental Advisory Commission.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

Actions:   Moved, seconded, carried (Worthington/Maio; Abstain – Breland, Spring) a Council determination that Gordon Wozniak is not engaged in employment incompatible with his membership on the commission.

 Moved, seconded, failed (Worthington/Maio; Noes – Armstrong, Breland, Hawley, Olds, Dean; Abstain – Maio, Shirek, Spring) as part of a severed motion that the City send Mr. Wozniak an apology.

 

18.       Regulation of Street Events and Block Parties (CR# 15-01) (first reading vote 3/20/01 - unanimous) (removed from Consent Calendar by Councilmember Worthington and held over from 3/27, 4/17, 5/8)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance repealing and reenacting Chapter 13.44 of the Berkeley Municipal Code (BMC), Assemblies and Parades.

            Contact:  Manuela Albuquerque, City Attorney, 981-6950

            a.            BMC Chapter 13.44 (current)

            Contact:  Sherry Kelly, City Clerk, 981-6900

            Action:  Withdrawn by the City Manager.

 

19.       Application:  New Housing Incentive Program (HIP) (moved from Information Reports to Action Calendar by Councilmember Spring and held over from 3/27, 4/17, 5/8)

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            a.            Information Report

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            b.            Communications

            1.            Deborah Badhia, Executive Director, Downtown Berkeley Association.

            Contact:  Sherry Kelly, City Clerk, 981-6900

Action:  Moved to Information by Councilmember Hawley with the comment that she would not want this tied to any specific project or neighborhood.

 

20.       Low and Moderate Income Housing Projects (removed from the Consent Calendar by Councilmember Spring and held over from 3/27, 4/17, 5/8)

            From:  Councilmembers Breland and Hawley

Recommendation:  Refer to the City Manager, Planning Commission,  and the Housing Advisory Commission the policies and procedures for encouraging the development of low-income and market-rate housing in Berkeley, and report to Council within ninety days with recommendations for implementation. 

Contact:  Margaret Breland, Councilmember District 2, 981-7120; Mim Hawley, Councilmember District 5, 981-7150
a)              Priority Processing for Low Income Housing Projects

            From:  Councilmember Spring

Recommendation:  This recommendation is a substitute motion for the recommendation on  this subject titled “Priority Processing for Low and Moderate Income Housing Projects” by Councilmembers Breland and Hawley; this substitute motion refers to the City Manager, Zoning Board and the Planning Commission the goal of streamlining procedures for encouraging low-income housing development projects that provide a substantial amount of more affordable housing to people at 60% or lower than Average Median Income or Section 8 housing than already required by law.

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

            Action:   Held over to June 12, 2001.

 

21.       Sunshine Ordinance (removed from the Consent Calendar by Councilmember Armstrong and held over from 3/27, 4/17, 5/8)

            From:  Councilmember Worthington

Recommendation:  Refer to the City Clerk and the City Manager studying the feasibility of a Berkeley Sunshine Ordinance and a process of implementation.

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

            Action:  Held over to June 12, 2001.

 

22.       Budget Referral:  Funds for Peace and Justice Commission (removed from the Consent Calendar by Councilmember Hawley and held over from 3/27, 4/17, 5/8)

            From:  Peace and Justice Commission

Recommendation:  Refer $15,000 to the FY2002 and FY2003 budget process to provide funding to enable the Peace and Justice Commission to carry out its mandate to educate and inform citizens on matters of peace and social justice.

Contact:  Manuel Hector, Secretary, 981-5110

a.            City Manager Report

Recommendation:  Refer the funding request to the budget process.

Contact:  Fred Medrano, Health and Human Services, 981-5100

            Action:  Held over to June 12, 2001

 

23.       Zoning Amendments Status Report and Planning Commission's Prioritization of ZORS Referral List (moved to Action Calendar by Councilmember Armstrong and held over from 4/17, 5/8)

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            Action:  Held over to June 12, 2001.

 

24.       Rule Against Ex-Parte Contacts (CR# 187-00) (held over from 4/17,

            5/8

            From:  City Manager

Recommendation:  Adopt a Resolution rescinding Resolution No. 60,848-N.S. Council Rules of Procedure, and adopting new rules which clarify the rule prohibiting ex parte contacts.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action:  Held over to June 12, 2001.

 

25.       Potentially Environmentally Risky Businesses in the East Bay (held over from 4/17. 5/8)

            From:  Commission on Aging

Recommendation:  Send a letter to the Association of Bay Area Governments (ABAG) and State Assemblymember Dion Aroner urging them to work on moving businesses that are potentially environmentally risky out of residential neighborhoods in the East Bay.

            Contact:  Lisa Ploss, Secretary, 644-6050

            a.            City Manager Report

Recommendation:  Take no action on the recommendation of the Commission.  Many community businesses and services, including car repair facilities, hospitals and photo labs, may generate products that could potentially pose an environmental risk; however, city, federal and state standards are currently in place that include inspection, record keeping and training.  These businesses are vital to our communities.  The City of Berkeley Toxics Management Division regulates and maintains records of the chemical use and waste generation for all Berkeley businesses.

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            Action:  Held over to June 12, 2001.

 

26.       Development in the MU-LI (Mixed Use-Light Industrial) District (held over from 4/17, 4/24, 5/8)

            From:  Planning Commission

Recommendation:  1) Adopt an interim ordinance for a period of one year a prohibition on the issuance of permits for new office uses, excluding Ancillary office uses, in the MU-LI District in West Berkeley; and 2) direct the Planning Commission to determine the effects of MU-LI office development and conversion on a) light industry, b) good blue-collar jobs, c) the City's environmental economy, d) artists and artisans, e) traffic problems, f) the implementation of the West Berkeley Plan.

Contact:  Karen Haney-Owens, Secretary, 705-8137

            a.            City Manager Report

Recommendation:  1) Do not adopt a moratorium on office conversion and development in the MU/LI district at this time; 2) direct staff to track applications and permitting activity in West Berkeley and report on a regular basis to Council, Planning Commission and Zoning Adjustments Board; and 3) direct staff to explore options to promote, create and retain space for artists and artisans.

Contact:  Wendy Cosin, Planning and Development, 705-8102   
b.            From:  Councilmember Maio*

Recommendation:  1)  Pursue interim controls on substantial (>10,000 ft sq) conversions and new construction projects in the MU/LI district and refer the consideration of such controls to the Planning Commission which includes the holding of another public hearing.  This is consistent with section 65091 and clarifies the Manager’s request (page 2 of the staff report) that Council select an appropriate process; 2) as recommended by the City Manager, direct staff to track applications and permitting activity in West Berkeley and report on a regular basis to Council, Planning Commission, and the ZAB; 3) as largely recommended by the City Manager, direct staff to explore and evaluate options to promote, create and retain space for industry, artists, artisans and (added language) nonprofit groups; 4) direct the Planning Commission to undertake those inquiries outlined in the Planning Commission’s recommendation, Attachment 1, section 2 (page 785); 5)  request the Commission clean up contradictory language in its recommendation regarding the definition of ancillary or incidental office uses; and 6) request the Commission propose methods wherein the City can support the reuse of vacant, industrial buildings, that are not suitable for use for industry, as artists cooperatives.

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

            Action:  Held over to June 12, 2001.

 

27.       Peace and Justice Film Festival (held over from 4/17, 5/8)

            From:  Peace and Justice Commission

Recommendation:  Adopt a Resolution authorizing the Peace and Justice Commission to develop a Berkeley Peace and Justice Film Festival to promote educational and cultural exchange for a two-day weekend in the Fall 2001; and report back to Council with a proposed budget.

Contact:  Manuel Hector, Secretary, 981-5110

a.            City Manager Report

Recommendation:  The Peace and Justice Commission should do the research on costs prior to Council approval.  This is a major effort requiring substantial costs and staff support.  Information should be available prior to Council action.

Contact:  Fred Medrano, Health and Human Services, 981-5100

Action:  Moved the City Manager’s recommendation to the Consent Calendar by Councilmember Spring with a request that the Commission submit a budget.

 

28.        Regional Appointments/Special Assignments (removed from the Consent Calendar by Councilmember Worthington and held over from 4/24, 5/8)

            From:  Mayor Dean

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

Contact:  Shirley Dean, Mayor, 981-7100

            Action:  Held over to June 12, 2001.

 

29.       Traffic Signs:  Alternate Route to Highway 24 (removed from the Consent Calendar by Councilmember Worthington and held over from 5/8)

            From:  Councilmember Armstrong

Recommendation:  Request the Traffic Engineering Department post signs on Dwight Way west of Telegraph Avenue, and on eastbound Ashby Avenue west of Telegraph Avenue, informing drivers that Telegraph Avenue is a route to Highway 24.

Contact:  Polly Armstrong, Councilmember District 8, 981-7180
Action:   Held over to June 12, 2001.

 

30.       Budget Referral and Establishment of  "Artisan District" to Support Berkeley Artists  (removed from the Consent Calendar by Councilmember Worthington and held over from 5/8)

            From:  Mayor Dean

Recommendation:  Refer to the City Manager the establishment of a West Berkeley "Artisan District" and refer to the budget process an allocation of $30,000 to create signs, banners and marketing program to designate the area.

Contact:  Shirley Dean, Mayor, 981-7100

            Action:   Moved, seconded, carried (Worthington/Breland) the recommendation as amended by Councilmember Maio to consider including other types of artists and other areas of the City within the next six months; to develop maps and use of kiosks; and to work with the Visitors Bureau.

 

31.       Standards for Arsenic in Drinking Water (removed from the Consent Calendar by Councilmember Hawley and held over from 5/8)

            From:  Commission on Aging

Recommendation:  Send a letter to the Environmental Protection Agency (EPA) Chief Christie Whitman protesting the failure of the EPA to adopt new and more stringent standards that would cut the allowable amounts of arsenic in drinking water, and a copy to President George Bush, Senator Diane Feinstein and Senator Barbara Boxer.

Contact:  Lisa Ploss, Secretary, 644-6050

            a.            City Manager Report

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

Contact:  Fred Medrano, Health and Human Services, 981-5100

            Action:  Held over to June 12, 2001.

 

32.       Limiting the Number of Agenda Items from the Council (held over

            from 5/8)

            From:  Councilmember Breland

Recommendation:  Adopt a policy limiting the number of agenda items at each Council meeting to no more than three (3) items per Councilmember per meeting; that no additional items be allowed on following agendas until one or more of the original items have been addressed; and that any "pending" items be voted on by the end of three regular meetings.

            Contact:  Margaret Breland, Councilmember District 2, 981-7120

            Action:   Considered with Item 8.  No action taken.


33.       Study of Spoiled Ballots (held over from 5/8)

            From:  Peace and Justice Commission

Recommendation:  Adopt a Resolution requesting the appropriate person(s), such as the City Clerk and the Alameda County Board of Elections, investigate and report to the City Council, Peace and Justice Commission and the public on the following matters:  1) A review of double-punched ballots, under-punched ballots, and any other patterns of election results that may indicate disparities in voters' casting of their intended votes in different precincts or areas of the City; 2) an analysis of voter turnout and voting results to identify any unexpected patterns that may hint at disparities in voters' ability to cast their intended votes; 3) solicitation of the observations, comments, and suggestions of poll workers in the November 2000 election about any factors or conditions that may have unduly affected voting in the polling places where they worked, including voting equipment issues, and all other conditions, including those that may persist should the City replace its current punch-card voting system with another mechanism; 4) solicitation of similar input from poll workers in the November 2001 and November 2002 elections, by scheduling a meeting of those poll workers, announced in advance of the election and scheduled to occur shortly after the election; 5) a public invitation for voters to provide their observations and suggestions regarding polling places where they voted, including a comment form on the City of Berkeley Web site; 6) an investigation of voting technologies, including paper ballots, newer punch-card systems, and others, to identify mechanisms feasible for Berkeley that ensure the highest possible reliability, accuracy

and integrity with the least potential for tampering; 7) an investigation of whether there are variations in the age or maintenance of voting machines in different precincts of the City, and of the general condition of the voting equipment presently in use; and 8) providing sufficient funds and personnel to adequately monitor the above concerns in future elections in the City of Berkeley.

a.            City Manager Report

Recommendation:  Deny the recommendations of the Commission.  The Registrar of Voters for Alameda County, who conducted the November 2000 election, has indicated that much of the information requested is not readily available, and that it would be a very time consuming and expensive task to perform by both the County and the City.  The task would require the hiring of new staff with expertise in statistical analysis, voting patterns, etc.

Contact:  Fred Medrano, Health and Human Services, 981-5100

            Action:  Held over to June 12, 2001.

 

 

New Business:

 

34.       Ellis Act Mitigations (CF# 31-01)

            From:  City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.77 in order to require a landlord who is withdrawing his/her residential rental accommodations from rent or lease pursuant to Government Code Chapter 12.75 (Ellis Act) to offer other available rental units to displaced tenants and repealing Section 13.77.075 regarding the release of relocation assistance payments held in escrow by the City.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

Action:  Held over to June 12, 2001.

 

35.       North Shattuck Business Improvement District (BID)

            From:  City Manager

Recommendation:  1) Adopt a Resolution expressing Council's intention to form a property-based business improvement district (BID) in the North Shattuck Avenue commercial area; and 2) adopt a Resolution establishing an advisory board for the North Shattuck BID; and suspend Council rules and set July 10, 2001 as the date for the public hearing on the BID formation.

Contact:  Bill Lambert, Economic Development, 705-8180

Action:  Moved to Consent by Councilmember Hawley.  Adopted Resolution No. 61,067-N.S. and Resolution No. 61,068-N.S.

 

36.       Boycott of Philip Morris Products (from 4/17)

            From:  Commission on Aging

Recommendation:  Adopt a Resolution establishing a policy prohibiting contracts for personal services with Philip Morris and its subsidiaries, and prohibiting the purchase of commodities produced by Philip Morris and its subsidiaries.

Contact:  Lisa Ploss, Secretary, 644-6050

a.            From:  City Manager (CF# 70-01)

Recommendation:  Adopt a Resolution establishing a policy of voluntary compliance with a ban on contracts for personal services with, and the purchase of commodities produced by, Philip Morris and its subsidiaries for all City programs.

Contact:  Fred Medrano, Health and Human Services, 981-5100

Action:   Withdrawn by the City Manager until the Manager brings back a revised City Manager report.

 

 

Information Reports

 

37.       Federal Emergency Management Agency (FEMA) Grant Program

            (CF# 20-01)

            From:  City Manager

            Contact:  Reginald Garcia, Fire, 981-3473

            Action:  Received and filed.

 

38.       Update on Misuse of Visitor Parking Permits Status (CF# 43-01)

            From:  City Manager

            Contact:  Fran David, Finance, 981-7300

            Action:  Received and filed.

 

39.       Formal Bid Solicitations 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.

 

40.       Landmarks Preservation Commission Notice of Decision:  Designating John Hinkel Park as a Landmark

            From:  City Manager

            Contact:  Wendy Cosin, Planning and Development, 705-8102

            Action:  Moved to Action Calendar by Councilmember Hawley and held over to June 12, 2001.

Communications

 

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


1.         Regarding 1301 Oxford Street, Temple Beth El Project

            a.  Norie Clarke

            b.  Jon Stewart   Worthington, Dean

            c.  65 post cards

            d.  Ellen C. Reynolds

            e.  Rina Alcalay and S. Osborn Erickson

            f.   Janet M. Baltz

            g.  Mary Ellen Doniger

            h.  Linda Gerson

            i.   Judith Gottlieb

            j.   Sheila Madden

            k.  Steven B. Piser

            l.   Nina Rivkind and Steven F. Shatz

            m. Joe Schlessinger

            n.  Kate Sharp, Alita Rosenfeld, Danny Rosenfeld

            o.  Scott Spear

            p.  Claire M. Sylvia

            q.  Paul Warner

            r.   Trina Walzer-Yerlick

            s.  Ruben Zelwer

            t.  Mary Kane Jacobs

            u.  Mira Santos

            v.  Jeffrey W. Hoogs   Breland, Worthington, Dean

            w. Dorothy Headley

            x.  Martin Bourque   Breland

            y.  Kate Bernier

 

2.         Steve Geller, regarding bus shelters.  Hawley, Maio, Breland,

            Worthington, Dean

 

3.         Petition with 17 names regarding the General Plan and Transportation Demand Management Study.  Spring, Worthington

 

4.         Ms. Lee Nora Glover-Owens, regarding University Avenue, Parking.  Maio, Breland, Spring, Dean

 

5.         Wendy Alfsen, regarding Civic Center Park.   Spring, Worthington

 

6.         Lisa Bullwinkel, regarding Tuolumne Camp coffee.   Maio, Breland, Spring

 

7.         Sean Kley, Anne Steiner, Maria DeLuca, regarding 2022 Grant Street.   Maio, Spring, Worthington

 

Adjournment

 

Action:    Moved, seconded, carried (Worthington/Spring; Noes – Armstrong, Dean) to extend the meeting to 11:30 p.m. to complete specific items.

 

The meeting adjourned at 11:30 p.m. 


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