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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

 

THURSDAY, SEPTEMBER 13, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m. - all present

 

Ceremonial Matters: 

Oath of Office

Pledge of Allegiance to the Flag

Proclamations: 

  1. Cash for Trash Program Award

  2. Recognition of Berkeley's Dragon Boat Team

  3. Proclamation Honoring the Berkeley/Albany YMCA for Its Disability Inclusion Activities

  4. Proclamation Honoring Jamie Casebar for His Environmental Activism

Action:  There was a statement from the Mayor regarding the tragedy in America and a moment of silence for those who have lost their lives. Council recited the Oath of Office and Pledge of Allegiance.  The  proclamations to be rescheduled at a future meeting.

Comments from the City Manager: 

Shoreline Cleanup Day will be on September 15th.

Flags are at half-mast in memory of those who have lost their lives.

Carol Barrett was introduced as the new Planning Director

Westside Neighborhood Services Cleanup will be on September 22nd, 8:30 am – 12:00 pm

Comments from the Public:  12 speakers.

 

Youth Forum:  No speakers.

 

Consent Calendar

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

  1. Recess Items
    a.  Settlement Agreement:  Mitchell v. City of Berkeley
    From:  City Manager
    Recommendation:  Adopt a Resolution approving the settlement of Public Liability Claim No. GHB 010291 entitled Father Joseph Mitchell v. City of Berkeley in the amount of $10,468.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted Resolution No. 61,223-N.S.
     
    b.
      Contract:  Berkeley Art Center Association
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Arts Center Association (BACA) in an amount not to exceed $58,752 per year or $117,504 to present exhibitions of significant community and regional art and to serve as a catalyst for arts enrichment, advocacy, and community participation for the period of September 1, 2001 through August 31, 2003.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No. 61,224-N.S.
     
    c.  Contract:  U.C. Theater Feasibility Study
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to waive competitive bidding requirements and enter into a sole source contract and any amendments with Gem Theaters, Inc., for a feasibility study for reuse of the U.C. Theater as a mixed-use venue for film and other performance uses in an amount of $40,000 for a period of 5 months.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No. 61,225-N.S.
     
    d.  Contract:  2526 Durant Avenue Apartments

    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute a contract with Nichols-Berman in an amount not to exceed $60,000 for preparation of environmental documents for the period August 2001 to August 2002.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted Resolution No. 61,226-N.S.
     
    e.  Contract:  Emergency Sidewalk Repair Project
    From:  City Manager
    Recommendation:  Adopt a Resolution:  1) approving the plans and specifications for the Fiscal Year 2002 Emergency Sidewalk Repair Project:  2) accepting the bid of AJW Construction, Inc.; and  3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $304,775, for the period of August 1, 2001 through June 30, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,227-N.S.
     
    f.  Contract:  Roof Repairs – South and West Berkeley Senior Centers
    From:  City Manager
    Recommendation:
      Adopt a Resolution approving the plans and specifications for roof replacement and repairs for South and West Berkeley Senior Centers at 2939 Ellis Street and 1900 Sixth Street, respectively;  accepting the bid of Enterprise Roofing Service, Inc.;  and authorizing the City Manager to execute a contract and any amendments for an amount not to exceed $74,900.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,228-N.S.
     
    g.  Contract:  Roof Repairs – North Berkeley Senior Center
    From:  City Manager
    Recommendation:
      Adopt a Resolution approving the plans and specifications for roof repairs and restoration for North Berkeley Senior Center at 1901 Hearst Avenue;  accepting the bid of State Roofing Systems, Inc.; and authorizing the City Manager to execute a contract and any amendments for an amount not to $80,800.
    Contact:  Rene Cardinaux, Public Works, 981-6300 
    Action:  Adopted Resolution No. 61,229-N.S.
     

  2. Needle Exchange Emergency Distribution
    From:  City Manager
    Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the 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. 61,230-N.S.
     

  3. Repeal of Junk Gun Ordinance
    From:  City Manager
    Recommendation: 
    Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 9.73 entitled “Saturday Night Special/ Junk Gun Sales Prohibition” due to passage of state law.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted first reading of the Ordinance. Second reading scheduled September 25, 2001.
     

  4. Approval of Council Minutes
    From:  City Manager
    Recommendation: 
    Approve the minutes for the meetings of: a) July 10, 2001 (regular); b) July 16, 2001 (special);  c) July 17, 2001 (closed); d) July 17, 2001 (regular) e) July 19, 2001 (closed/special); and July 24, 2001 (regular).
    Contact:  Sherry Kelly, City Clerk, 981-6900
    Action:  Approved the minutes with the exception of July 24, 2001 (regular) minutes removed by Councilmember Spring.
     

  5. Organizational Ordinance Updates
    From:  City Manager
    Recommendation: 
    Adopt first reading of an Ordinance:  1) amending Berkeley Municipal Code (BMC) Sections 2.50.020 (Health & Human Services), 2.61.020 (Planning & Development), 2.62.020 (Housing), and repealing and reenacting Chapter 2.74 (Parks, Recreation, and Waterfront) and 2) repealing Chapters 2.41 (Capital Improvement Projects), 2.49 (Organizational Learning & Effectiveness), and 2.51 (Budget & Fiscal Management).
    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000 
    Action:  Adopted first reading of the Ordinance. Second reading scheduled September 25, 2001.
     

  6. Contract:  Legislative Representation Services
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $51,970 with Lynn Suter & Associates to provide the City with legislative representation services in Sacramento from July 1, 2001 to June 30, 2002.
    Contact:  Phil Kamlarz, Deputy City Manager, 981-7006
    Action:  Adopted Resolution No. 61,231-N.S.
     

  7. Agreement:  Mutual Aid Ambulance Services
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute agreements and an amendments with the Cities of Albany and Piedmont to provide mutual aid ambulance services, as required by Alameda County Emergency Services District, from October 1, 2001 to June 30, 2004.
    Contact:  Reginald Garcia, Fire, 981-3473
    Action:  Adopted Resolution No. 61,232-N.S.
     

  8. Contract:  HIV Prevention and Education Program
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with the Berkeley Public Education Foundation, the California Prevention and Education Project, Catholic Charities, the Pacific Center for Human Growth , and the Women’s Daytime Drop-in Center in amounts not to exceed $24,900, $23,500, $12,000, $23,500, $24,930 respectively, for HIV prevention and education services for the period July 1, 2001 to July 30, 2002.
    Contact:  Fred Medrano, Health & Human Services, 981-5100 
    Action:  Adopted Resolution No. 61,233-N.S.
     

  9. Elimination of Health Disparities
    From:  City Manager
    Recommendation: 
    Adopt a Resolution reaffirming the Council’s policy commitment to eliminate health disparities in Berkeley.
    Contact:  Fred Medrano, Health & Human Services, 981-5100 
    Action:  Adopted Resolution No. 61,234-N.S.
     

  10. Agreement:  CalHome Program Requirements
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager or the Housing Director to execute any amendments to the Standard Agreement and all other documents which include draw requests required by the State of California, Department of Housing and Community Development (HCD) for participation in the CalHome Program.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Adopted Resolution No. 61,235-N.S.
     

  11. Supplemental Retirement Plan and Trust Agreement for Sworn Fire Employees
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute and implement a Supplemental Retirement Plan and Trust Agreement for sworn fire employees to “pick up” the member’s contributions made pursuant to a binding, irrevocable, payroll deduction authorization for the same source as is used to pay compensation to the employee.
    Contact:  Ron Brown, Human Resources, 981-6100
    Action:  Adopted Resolution No. 61,236-N.S.
     

  12. Contract:  Training and Development Services
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with: 1) Berkeley Dispute Resolution Services for an amount not to exceed $175,000; 2) the Centre for Organization Effectiveness for an amount not to exceed $300,000; and 3) Gaines, Havens, & Levy for an amount not to exceed $125,000 for training and development services over the next two Fiscal Years ending December 31, 2003. The total amount for these three contracts will not exceed $300,000 per year.
    Contact:  Ron Brown, Human Resources, 981-6100
    Action:  Adopted Resolution No. 61,237-N.S.
     

  13. Contract:  Landscaping Design Services
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Dillingham Associates Landscape Architect for the University Avenue Median Landscaping Design in an amount not to exceed $47,000.
    Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
    Action:  Adopted Resolution No. 61,238-N.S.
      

  14. Grants:  Pathway Improvements at the Berkeley Marina
    From:  City Manager
    Recommendation:  Adopt a Resolution accepting a $100,000 grant from the Coastal Conservancy and another $100,000 grant from the Association of Bay Area Governments (ABAG) to design pathway improvements at the Marina; authorizing the City Manager to execute contracts and any amendments with the respective funding agencies; and further authorizing the City Manager to issue a Request for Proposals to retain consultants to design the proposed improvements, including any required environmental documentation.
    Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
    Action:  Adopted Resolution No. 61,239-N.S.
     

  15. Grant:  Clean Vessel Act
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to submit a grant application for $34,500 to the State of California Department of Boating and Waterways for a Clean Vessel Act grant to install a marine pump-out station for F & G docks at the Berkeley Marina; and authorizing the City Manager to accept the grant funds and to execute a grant agreement and any amendments.
    Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
    Action:  Adopted Resolution No. 61,240-N.S.
     

  16. Rejection of Bids to Construct the Harrison Skate Park Project
    From:  City Manager
    Recommendation: 
    Adopt a Resolution 1) rejecting all bids; and 2) authorizing the City Manager to negotiate on the open market and execute a contract with a qualified general contractor in an amount not to exceed $385,000 to complete construction of the Harrison Street Skate Park.
    Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
    Action:  Adopted Resolution No. 61,241-N.S.
     

  17. Fee Waiver:  Building Permits and Plan Check
    From:  City Manager
    Recommendation:  Adopt a Resolution waiving approximately $10,000 in building permit and building permit and plan checking fees for Berkeley Dispute Resolution Service (BDRS) and Housing Rights, Inc.,  tenant improvement project at 1966-68 San Pablo Avenue.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted Resolution No. 61,242-N.S.
     

  18. General Plan Review and Public Hearing Schedule
    From:  City Manager
    Recommendation: 
    Direct staff to: 1) Add presentations on the General Plan from staff and the Planning Commission to the Special Meeting scheduled for October 2, 2001 for adoption of a redistricting plan. 2) Notice a public hearing on the General Plan for the regularly scheduled City Council meeting of October 30, 2001. 3) Schedule and notice a Special Meeting for a second Public Hearing and Council discussion on the General Plan for Tuesday, November 6, 2001 at 7:00 pm.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Approved recommendation and scheduled meetings.
     

  19. Grant Application:  Downtown BART and Transit Plaza
    From:  City Manager
    Recommendation:  Adopt a Resolution supporting and authorizing the City’s application for a Metropolitan Transportation Commission (MTC) Transportation for Livable Communities (TLC) Planning Grant for the Downtown Berkeley BART & Transit Plaza with a match from the City of $10,000.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted Resolution No. 61,243-N.S. as amended by Mayor Dean, to clarify that the Council wants the City Manager to continue taking action to implement such a zone prior to completion of the design and improvement phases which are part of the grant process.  That Council understands this might result in having to change the location of the drop off/pick-up zone at a later date if the design phase concludes that a different zone would be preferable.
     

  20. Contract: Plan Checking Services
    From: City Manager        
    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract for with Linhart Petersen Powers Associates (LP2A) by increasing the amount $80,000 for a total amount not to exceed $200,000, to provide plan checking services for the Building and Safety Division of the Planning and Development Department.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted Resolution No. 61,244-N.S.
     

  21. Purchase Order: Evidence Analysis
    From:  City Manager
    Recommendation:  Adopt a Resolution increasing a purchase order by $1,386 with Forensic Analytical for a total amount not to exceed $26,386 for evidence analysis.
    Contact:  D.E. Butler, Police, 981-5700
    Action:  Adopted Resolution No. 61,245-N.S.
     

  22. Purchase Order:  Software Maintenance
    From:  City Manager
    Recommendation:  Adopt a Resolution approving a Police Department purchase order increase for a total amount not to exceed $27,510 to pay Compaq Computers for software maintenance for FY 2000/01.
    Contact:  D.E. Butler, Police, 981-5700
    Action:  Adopted Resolution No. 61,246-N.S.
     

  23. Purchase Order:  Trucks and Automobile Tires
    From:  City Manager
    Recommendation: 
    Adopt a Resolution increasing Purchase Orders with Don’s Tire Service, Inc. for sales and repairs of truck and automobile tires for fleet vehicles by $8,000 in an amount not to exceed $33,000 for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,247-N.S.
     

  24. Purchase Order:  Truck Rental
    From:  City Manager                   
    Recommendation: 
    Adopt a Resolution increasing a Purchase Order with Pacific Utility for truck rental for Public Works Electrical Division by $5,000 in an amount not to exceed $30,000, for the period July 1, 2000 through June 30, 2001.
     
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,248-N.S.
     

  25. Purchase Order:  Spare and Replacement Ford Parts
    From:  City Manager
    Recommendation:  Adopt a Resolution increasing Purchase Orders with Melrose Ford for spare and replacement Ford parts for fleet vehicles by $700 in an amount not to exceed $25,700, for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,249-N.S.
     

  26. Purchase Order:  Trailer Parts
    From:  City Manager
    Recommendation:  Adopt a Resolution increasing a Purchase Order with Keith Manufacturing for trailer parts for the Refuse Division of Public Works by $1,500 in an amount not to exceed $26,500,  for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,250-N.S.
     

  27. Purchase Order:  Vehicle Detail and Auto Washing Services
    From:  City Manager
    Recommendation: 
    Adopt a Resolution increasing a Purchase Order with Berkeley Touchless for vehicle detail and auto washing services by $10,000 for fleet vehicles in an amount not to exceed $35,000, for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,251-N.S.
     

  28. Purchase Order: Vehicle Painting and Body Work
    From:  City Manager
    Recommendation:  Adopt a Resolution increasing Purchase Orders with Strehles Auto Body for quality painting and body work for fleet vehicles by $20,000 in an amount not to exceed $45,000, for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,252-N.S.
     

  29. Purchase Order:  Spare and Replacement Parts for Special Equipment
    From:  City Manager
    Recommendation: 
    Adopt a Resolution increasing Purchase Orders with GCS Western Power & Equipment for spare and replacement parts for street sweepers, vactor trucks,  and other special equipment for the City’s vehicle fleet by $10,000 in an amount not to exceed $35,000 for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,253-N.S.
     

  30. Contract:  Clean City Services 
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self-Sufficiency (BOSS) for year-round litter removal, graffiti abatement in the summer, for the period July 1, 2001 through June 30, 2002, in an amount not to exceed $445,190; with an option to extend the contract for two additional one-year periods up to a maximum of three (3) years; and incorporating any City Manager interim extension of BOSS contract services after June 30, 2001 into this contract.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,254-N.S. as amended by Councilmember Hawley to make sure bus cylinders are kept clean of graffiti.
     

  31. Contract:  Curb Ramp Installation
    From:  City Manager
    Recommendation: 
    Adopt a Resolution approving plans and specifications for the Curb Ramp Installation Project; accepting the bid of Berkeley Cement, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $175,680, for a period of 90 calendar days.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,255-N.S.
     

  32. Agreement:  Alameda Countywide Clean Water Program
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute the “Second Amendment of Agreement to Implement the Alameda Countywide Clean Water Program,” to extend the term of the agreement for six (6) years, provide the City with the option to extend for another five (5) years, and reapply for a National Pollutant Discharge Elimination System (NPDES) permit.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,256-N.S.
     

  33. Expenditure Limit Increase:  Central Library
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to increase the expenditure limit for renovation and expansion of the Central Library by increasing the limit by $950,000 for a total expenditure limit not to exceed $23,513,000.
    Contact:  Rene Cardinaux, Public Works, 981-6300;  Jackie Griffin, Library, 644-6095
    Action:  Adopted Resolution No. 61,257-N.S.
     

  34. SMART Corridor Cooperative Agreements
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute the SMART Corridor Cooperative Agreement for design, construction, and administration; and the Cooperative Agreement for ownership, operation, and maintenance of SMART Corridors between the City and the Alameda County Congestion Management Agency (CMA).
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Removed from Consent Calendar by Councilmember Maio.  Moved, seconded, carried (Maio/Hawley) to adopt Resolution No. 61,258-N.S. as amended to state Council’s participation is with the understanding that the focus should be on improved transit including effective measures to reduce travel time; employing design for pedestrian safety; and adding a bus arrival messaging system rather than electronic signs.  The motion also included directing staff to send a letter to the CMA and all participating cities regarding the City’s concerns and their support for transit improvements and asking for information on how the money will be spent.
     

  35. Traffic Resolutions Cleanup
    From:  City Manager
    Recommendation:  Adopt six Resolutions adopting certain Berkeley streets as 1) through streets, 2) no parking areas, 3) no parking areas – related to street sweeping only, 4) diagonal parking, 5) no stopping zones, and 6) one-way streets;  and rescinding Resolution Nos. 56,502-N.S., 56,503-N.S., 56,504-N.S., 56,505-N.S., 56,506-N.S., and 56,507-N.S. and all amendments.
    Contact:  Rene Cardinaux, Public Works, 981-6300;  Sherry Kelly, City Clerk, 981-6900
    Action:   Withdrawn by the City Manager.
     

  36. Contract:  Martin Luther King, Jr. Civic Center Building
    From:  City Manager
    Recommendation: 
    Adopt a Resolution authorizing the City Manager to execute contract amendments with ELS/Elbasani & Logan Architects for architectural and engineering services for the Martin Luther King, Jr. Civic Center Building project by increasing the amount $95,000 for a total amount not to exceed $2,666,500.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:   Withdrawn by the City Manager.
     

  37. Contract:  Marina Docks and Piling Maintenance
    From:  City Manager
    Recommendation: 
    Adopt a Resolution approving the plans and specifications for the Marina Docks and Piling Maintenance Contract, accepting the bid of Bellingham Marine Industries, Inc., and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $724,340, for the period from once authorized through September 16, 2006.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,259-N.S.
     

  38. Contract:  Design of I-80 Pedestrian-Overcrossing Access and Site Enhancements
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Wolfe Mason Associates for design of access and site improvements for the I-80 Bicycle/Pedestrian Overcrossing in an amount not to exceed $87,985 for the term ending June 30, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,260-N.S.
     

  39. Settlement Agreement:  CLD Construction v. City of Berkeley
    From:  City Manager
    Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2000 093975 entitled, CLD Construction v. City of Berkeley, in the amount of $15,000.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted Resolution No. 61,261-N.S.
     

  40. Taxi Scrip Riders Bill of Rights Initial Implementation Measures (CF137-01)
    From:  City Manager
    Recommendation:  1) Adopt first reading of Ordinance amending Chapter 9.52 of the Berkeley Municipal Code (BMC), regulating Taxicabs and Automobiles for Hire; 2) Refer to staff and appropriate commissions for comment and development, those items identified in this report as needing additional time to review, with request to report back in January 2002.
    Contacts:  Fran David, Finance, 981-7300;  Stephen Barton, Housing, 981-5400;  Fred Medrano, Health & Human Services, 981-5100 
    Action:  Removed from Consent Calendar by Mayor Dean.  Moved, seconded, carried (Worthington/Spring; Absent – Olds)  to adopt first reading of the Ordinance.  Second reading scheduled September 25, 2001.
     

  41. Support for SB2x 17: Tax Credit for a Solar Energy System
    From: Mayor Dean
    Recommendation:
      1) Support SBx2 17 (Brulte, Peace) that would allow a State tax credit for the purchase and installation of a solar energy system (including a wind-driven system), to be used primarily for the taxpayer’s own needs, equal to the lesser of 50% of the net cost of the system or the applicable dollar amount per rated watt (ranging from an initial $4.50 per rated watt in 2001 to 2003, to $2.25 in 2004 and 2005); 2) request that the City Clerk notify the bill sponsors and the City’s Sacramento legislative representatives and lobbyist.
    Contact:  Mayor Shirley Dean, 981-7100
    Action:  Approved recommendation.
     

  42. Support for SB 531:  Creating the California Renewables Portfolio Standard Program
    From:  Mayor Dean
    Recommendation:
      1) Support SB 531 (Sher) that would require the purchase of set amounts of renewable energy by retail sellers of electricity, through the creation of the California Renewables Portfolio Standard Program (the Program), to be administered by the California Energy Resources Conservation and Development Commission (the Energy Resources Commission); and 2) request that the City Clerk notify the bill sponsor and the City’s Sacramento legislative representative and lobbyist.
    Contact:  Mayor Shirley Dean, 981-7100
    Action:  Approved recommendation.
     

  43. Policy:  Green Energy Analyses and Installation
    From: Mayor Dean
    Recommendation:  Refer to the City Manager and Energy Commission the adoption of a policy that would require, insofar as feasible, all major public and private building construction and reconstruction within the City shall be subject to feasibility and cost/benefit analyses of green options, and, as feasible, renewable systems for power and conservation shall be required in specified building construction.  The City Manager is requested to report back in February, 2002.  The report should include suggestions for scope, laws, incentives, regulations, and administration, and should cover the full range of renewable energy building options, such as roofs, lighting, placement, and building materials. The report should include a framework and timetable for implementation of this policy, and should differentiate between plausible requirements/incentives for private owners as opposed to requirements for City structures or structures  developed or rebuilt using City funding.  For small private owners, the City Manager may want to consider some form of technical assistance to or fee credit for undertaking the initial analysis.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation as amended by Councilmember Spring to refer the policy to the City Manager and the Energy Commission but to eliminate the portion of the recommendation that request a report back in February.
     

  44. Response to the 2000 – 2001 Alameda County Grand Jury Final Report
    From:  Mayor Dean
    Recommendation: 
    Ask the City Manager to prepare the required response to the 2000 – 2001 Alameda County Grand Jury Final Report, such response to be Grand Jury Recommendations 01-08 and 01-09.  01-08:  The Alameda County Sheriff, the Oakland Police Chief, the District Attorney, the Chiefs of Police of all other cities in Alameda County and other concerned law enforcement agencies immediately form a working group to study the feasibility of constructing a combined law enforcement crime laboratory in Alameda County.  The county administrators and city managers should participate in this working group as needed.  01-09:  This working group should study all issues relating to a combined laboratory including location, sources of construction funding, sources of funding annual operations and selection criteria for a laboratory director.  This working group should study how the laboratory will be governed, paying particular attention to existing law enforcement shared-funding models.
    Contact: Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  45. Blood Drive
    From: Councilmember Armstrong
    Recommendation:  Ask the City Manager to sponsor a Blood Drive for City employees by having the Bloodmobile visit City Hall and if it is successful make it a regular event.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
    Action:  Approved recommendation.
     

  46. Grant to Assist in the Publication of:  Finding Yourself in the Hills: The Berkeley Paths
    From:  Mayor Dean and Councilmember Olds
    Recommendation: 
    Refer to the mid-year budget process the request from the editor of Finding Yourself in the Hills:  The Berkeley Paths for a one-time $5,000 grant to assist with publication costs, the publication money to be administered by Berkeley Partners for Parks.
    Contact:  Shirley Dean, Mayor, 981-7100; Councilmember Betty Olds, District 6, 981-7160
    Action:  Approved recommendation.
     

  47. UC Gender Equity in Faculty Hiring
    From: Councilmember Armstrong
    Recommendation
    :  Ask UC Berkeley Chancellor Berdahl to commit to a goal of 50% women in the next decade of faculty hires.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
    Action:  Approved recommendation.
     

  48. Presentation of “Bus Riding 101” by the Alliance for AC Transit and the Bus Riders’ Union
    From:  Councilmember Hawley
    Recommendation:  Schedule a maximum of 10 minutes at the October 16th Council meeting for a presentation by the Alliance for AC Transit and Bus Riders’ Union of their new publication, “Bus Riding 101”.
    Contact:  Miriam Hawley, Councilmember District 5, 981-7150
    Action:  Approved recommendation to schedule presentation at October 16th meeting.
     

  49. Reception to Launch New Taxi Scrip Ordinance
    From:  Mayor Dean
    Recommendation: 
    Request the City Manager host a reception in recognition of the effort for taxi scrip clients, commission members, elected officials, and all staff who worked on creating the new ordinance, to be held on or soon after the date that the ordinance becomes effective (On or around October 25, on a weekday, during daylight hours, in an accessible central location); that press releases be sent, and that an announcement be placed on the City’s website.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  50. Second Channel Designation for Berkeley Community Media
    From:  Mayor Dean and Councilmember Hawley
    Recommendation:  Request the City Manager send a letter to AT&T requesting them to designate cable channel 26 as the second cable channel for Berkeley Community Media.
    Contact:  Shirley Dean, Mayor, 981-7100;  Mim Hawley, Councilmember District 5, 981-7150
    Action:  Removed from Consent Calendar by Councilmember Worthington.  This item was withdrawn by its sponsors.
     

  51. Promoting Water Conservation and Efficient Use by Installing Dual Water Systems
    From:  Mayor Dean
    Recommendation:  1) Refer to the City Manager the adoption of the following City actions regarding the installation of Dual Water Systems in Berkeley:  (Note:  Dual water systems segregate pure drinkable water from reclaimed water and thereby enable the conservation and efficient use of scarce water supplies). a) requiring a Dual Water System feasibility and cost/benefit analysis for all large water users in those areas of Berkeley within the range of East Bay Municipal Utility District’s reclaimed water pipeline (the Purple Pipeline) running under I-80.  The range would generally be in the West Berkeley areas within a few blocks of the Purple Pipeline.  This requirement would apply to industrial users and to City park and recreation uses within the target area, and possibly to other large water users whose identity is not yet apparent.  The analysis would obviously by different for new construction or open space use as opposed to building retrofits.  b) establishing a mechanism to take advantage of EBMUD’s offer to undertake or pay for the Dual Water System analysis and installation in new construction or on open land, and possibly, to partially subsidize retrofit installations and other water conservation measures.  c) requiring Dual Water System installation for all new construction or open space users in the target area, and consider phasing in retrofit requirements for current large users in the target area where the cost is not onerous or where financial assistance is available.  d) working with EBMUD, consider a range of additional incentives (where EBMUD in not covering the full cost) for users to install a Dual Water System (where feasible) or undertake other serious conservation measures.  These incentives, a form of “credit for effort”, might include for example, price reductions or rebates for water conserved, or supply guarantees in times of drought.  The idea is to encourage water conservation in Berkeley, thereby benefiting the entire state, without rewarding water hogs in other communities.  2) Request the City Manager set up a formal working group in the near future consisting of Council representatives, City staff, and EBMUD water recycling staff, and a representative of an appropriate environmental group designated by the City Manager (the Water Conservation Working Group).  I suggest that the Council be represented by the Mayor and the Councilmembers from Districts 1 and 2 which abut the Purple Pipeline, and that the Working Group be chaired by the City Manager or his designee.  3) That the Water Conservation Working Group report back to Council in February, 2002  with a refined recommended policies, and a framework and timetable for implementation, keeping in mind that the EBMUD offer may not be permanent.
    Contact:  Shirley Dean, Mayor, 981-7100
    Actions:  Removed from Consent Calendar by Councilmember Spring. Moved, seconded, (Spring/Worthington) a main motion to approve referring only Recommendation 1 to the City Manager.

    Moved, seconded, carried a substitute motion (Armstrong/Olds; Noes – Spring, Worthington; Abstain – Maio, Shirek) to approve the recommendation as revised by Mayor Dean.
     

  52. Prohibit the Use of Arsenic Treated Wood in Public or Private Structures
    From:  Mayor Dean
    Recommendation:  Request the City Manager:  1) take steps to extend the ban on arsenic treated wood used in public parks and city construction projects to private schools and homes, and equipment used in public schools.  2) extend an offer to include in the inventory being done to determine the extent of the problem in public parks, to the Berkeley Unified School District and private schools and to any homeowner who voluntarily would like to determine the status of wooden play equipment in their yard.  A concise statement about the problem of arsenic treated wood should be prepared to distribute to private schools and homeowners who request information.  This material should indicate various options that the person could take to deal with the problem, should one be found.  The material should make it clear that any replacement, sealant, or other action would not be the responsibility of the City, but would be at the cost of the School District, private school, or private homeowner.  3) report back to the Council for mid-year budget review the cost of replacing equipment and other wood on public property, with a plan and timetable for doing so, and, in addition, the cost and timetable of completing the replacement of “dangerous play equipment” identified several years ago.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  53. Review Language in the Zoning Ordinance and the West Berkeley Area Plan and University Avenue Area Plan Regarding Nodal Development
    From:  Mayor Dean
    Recommendation: 
    Request the City Manager and Planning Commission review, without delay, any disputed language between the West Berkeley Plan and the University Avenue Plan and the Zoning Ordnance, 23E.64.070, regarding nodal development and report back to the Council as to any areas that are unclear or which might need revision.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation as amended by Councilmember Maio to ask for clarity regarding the density bonuses and inclusionary zoning.
     

  54. Support for the Global AIDS and Health Fund
    From:  Mayor Dean
    Recommendation:  Support a substantially larger United States contribution to the Global Aids and Health Fund;  2) ask the City Clerk to communicate with Senators Daschle, Boxer, and Feinstein, and City’s Washington lobbyist and ask them to support and aggressively lobby for a larger U.S. contribution; and 3) commit itself, each Councilmember individually, to personally call these Senators along with other Bay Area politicians, to promote this global initiative.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation as amended by Councilmember Maio to express support for housing for AIDS patients.
     

  55. Written Quarterly Reports of Regional or Multi-Jurisdictional Bodies
    From:  Mayor Dean and Councilmember Hawley
    Recommendation:  Require members of the Council serving on regional or multi-jurisdictional bodies to place written reports on the Council agenda regarding the major activities of the bodies they serve on, such reports to be submitted at least quarterly.  This requirement applies to the following bodies:  Alameda County Solid Waste Management Authority, Joint Powers Authority Lead Abatement, TriP Policy Steering Committee, Council/School Board 2x2 Committee, Alameda County Congestion Management Agency, League of California Cities, East Bay Division, 3x3 Joint Task Force on Housing
    Contact:  Shirley Dean, Mayor, 981-7100, Mim Hawley, Councilmember District 5, 981-7150
    Action:  Approved recommendation as amended by Councilmember Maio to have Councilmembers publish their reports on the web and direct the City Clerk to provide links to these reports and make them available to the public on hardcopy upon request.
     

  56. Assisting Homeless People
    From:  Councilmember Spring
    Recommendation:  Request that the City Manager assist two homeless people in redeeming their motorhome.
    Contact:  Dona Spring, Councilmember District 4, 981-7140
    Action:  Approved recommendation.
     

  57. Bobby Winslow Basketball Courts
    From:  Councilmember Maio
    Recommendation:  Approve the naming of the basketball courts at McGee and Hearst in honor of Bobby Winslow and enable his friends and family to post a small plaque honoring Bobby at the site.
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:  Approved recommendation.
     

  58. Local Amendments to the Community Choice Bill
    From:  Councilmember Maio
    Recommendation:  Communicate to the State Senate that the City supports an amendment to the Community Choice Bill (AB9xx) to include provisions (noted in this report) that would enable municipalities to monitor use and pay for energy at the cost of that use rather than at an average rate.
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:  Approved recommendation.
     

  59. Support Senate Bill 804 on Fuel Efficiency
    From:  Councilmembers Maio and Hawley
    Recommendation: 
    Send a letter to Senator Feinstein urging her not to weaken her proposed Senate Bill, S.804, imposing fuel efficiency standards on Sport Utility Vehicles and light trucks.
    Contact:  Linda Maio, Councilmember District 1, 981-7110; Mim Hawley, Councilmember District 5, 981-7150  
    Action:  Approved recommendation.
     

  60. Commemoration of Ten Year Sister-City Partnership with Uma Bawang, Malaysia
    From:  Councilmember Maio
    Recommendation:  Schedule a 10-minute presentation at the meeting of October 9, 2001 to commemorate the 10th anniversary of our sister city relationship with Uma Bawang, Malaysia.  The presentation will be made by the Borneo Project and special guest Jok Jau Evong from Uma Bawang.
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:  Approved scheduling a presentation on October 9, 2001.
     

  61. Zoning Reclassification of a Portion of the 1100 Block of Hearst Avenue
    From:  Mayor Dean and Councilmember Maio
    Recommendation:  Refer to the Planning Commission for action within 30 days from tonight’s meeting the neighborhood request for a zoning reclassification of a portion of the 1100 block of Hearst Avenue, as shown on the attached map (Rezone Area), from Zone R3 to Zone R2A and request that the Planning Commission hold a public hearing on this matter as quickly as possible.
    Contact:  Shirley Dean, Mayor, 981-7100; Linda Maio, Councilmember – District 1, 981-7110
    Action:  Approved recommendation as revised by Mayor Dean and Councilmember Maio to also request that the Planning Commission hold a public hearing on this matter as quickly as possible (Noes – Worthington).
     

  62. Fee Waiver: September 22 Downtown Annual Music Festival
    From:  Mayor Dean
    Recommendation:   1) Approve the waiver of $2,599 in fees plus an as-yet-undetermined amount for a maintenance deposit with respect to the music festival and other activities promoting the cultural arts that is taking place on Saturday, September 22, between 11:00 am and 6:30 pm at Civic Center Park.  The fees consist of $500 for a Special Events Permit, $99 for a Sound Permit, $2,000 for 15 porta-potties and 3 hand washing stations, $450 for hanging a banner and a maintenance deposit; 2) Approve a waiver of the four hour noise limit to allow for the live music being performed between 11:00 am and 6:30 pm; and 3) Approve the hanging of a banner across Shattuck Avenue contingent upon the festival obtaining a permit from the City Manager.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  The item revised by Mayor Dean as shown. Removed from Consent Calendar by Councilmember Spring. Moved, seconded, failed (Armstrong/Olds; Noes – Breland, Maio, Shirek, Spring, Worthington; Abstain – Hawley).  No action taken.  Councilmembers Maio and Spring asked that the record reflect the reason for their votes is that the City has an existing policy to not waive fees for events that promote and advertise any non-local alcohol manufacturer, distributor or retailer if the event is promoted in a manner that prominently advertises the company name or logo or requires that a company’s alcohol product be available for sale or distribution at the event.
     

  63. Proclamation for Try Transit Week
    From:  Councilmember Worthington
    Recommendation: 
    Support proclamation for September 9-15, 2001 as Try Transit Week.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Approved recommendation.
     

  64. Proclamation for Tenth Anniversary of Indigenous Peoples Day
    From:  Councilmember Worthington
    Recommendation:  Support proclamation for Tenth Anniversary of Indigenous People’s Day by allowing an exemption to Berkeley Municipal Code Section 20.24.040, thereby allowing a banner to be hung across Shattuck Avenue inviting people to attend the annual Indigenous People’s Day Celebration on October 13, 2001 at Civic Center Park.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:   Approved the recommendation.
     

  65. Proclamation Honoring Bob Weir
    From:  Councilmember Worthington
    Recommendation:  Support proclamation honoring Bob Weir, of the Grateful Dead, for his advocacy of social issues and declaring August 31st as Bob Weir Day.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Approved recommendation.
     

  66. Commend Students Who Created a City Redistricting Proposal
    From:  Councilmember Worthington
    Recommendation:  1)  Commend the students who worked to create the student redistricting plan and recognize the phenomenal effort that goes into creating a complete citywide redistricting proposal.  Without supporting or opposing the specifics of their plan, it is important to acknowledge the effort of young people trying to get involved in local government.  2) Request of the City Manager and City Attorney, a detailed legal evaluation of the student redistricting proposal, including a review of any potentially applicable prior cases.  3) Contact experts on community of interest issues such as MALDEF (Mexican American Legal Defense Fund) and the William Velasquez Institute, and the Coalition of Asian Pacific Americans for Fair Redistricting to use their expertise in analyzing this aspect of redistricting.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Approved recommendation as amended by Councilmember Maio to commend all proponents of redistricting plans for their work and efforts; and amended by Councilmember Spring to request a legal analysis on all proposals.
     

  67. Proclamation Honoring Local Scouts, and Scouting For All
    From:  Councilmember Worthington
    Recommendation: 
    Issue a proclamation on September 25th honoring the local Scouts working to reform the Boy Scouts of America from within, and Scouting For All, a national group based in Northern California working for inclusive Scouting policies.  Also, that the City send a letter to all 13 divisions of the Mount Diablo/Silverado Council, which includes Berkeley, to request that the Berkeley Area Mount Diablo/Silverado Council adopt a written statement to oppose the National Boy Scouts of America anti-gay discrimination policy.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170 
    Actions:  Removed from Consent Calendar by Councilmember Olds.  Moved, seconded, carried (Worthington/Spring; Abstain – Olds) to approve the proclamation.
     
    Moved, seconded, carried (Worthington/Spring; Noes – Armstrong, Hawley, Olds) to approve recommendation to send a letter.
     

  68. Outreach and Education on Woodsmoke
    From:  Community Environmental Advisory Commission
    Recommendation:  Direct City Manager to write to Ellen Garvey, Air Pollution Control Officer, Bay Area Air Quality Management District (BAAQMD) to request $25,000 to fund a pilot program for Public Education with regard to the serious health effects associated with residential wood-burning.
    Contact:  Nabil Al-Hadithy, Secretary, 705-8155
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Approved recommendation.
     

  69. Notification of Groundwater Pollution
    From:  Community Environmental Advisory Commission
    Recommendation: 
    Request City Manager write to State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB) to study and require the implementation of a notification procedure for all properties that are potentially impacted by groundwater pollution from a contaminated site.
    Contact:  Nabil Al-Hadithy, Secretary, 705-8155
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:  Carol Barrett, Planning & Development, 705-8102

    Action:  Approved recommendation.
     

  70. Certification of Selection for Representative of the Poor
    From:  Human Welfare and Community Action Commission
    Recommendation: 
    Adopt a Resolution certifying the results of the June 20, 2001 selection of Adam Burtch as Representative of the Poor to the Human Welfare and Community Action Commission (HWCAC) for District 1, term ending December 30, 2002.
    Contact:  Marianne Graham, Secretary, 981-5416
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:   Stephen Barton, Housing, 981-5400
    Action:  Adopted Resolution No. 61,262-N.S.
     

  71. Reappointment to Mental Health Commission
    From:  Mental Health Commission
    Recommendation:  Adopt a Resolution reappointing Catherine Auman to the Mental Health Commission, General Public Interest Category, to complete her term ending February 14, 2004.
    Contact:  Harvey Tureck:  644-8562 x213
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
    Action:  Adopted Resolution No. 61,263-N.S.

Presentation  

  1. Proposal:  EBMUD Wastewater Treatment Services
    From:  City Manager
    Recommendation: 
    Adopt a Resolution supporting East Bay Municipal Utility District’s (EBMUD) proposal to provide wastewater treatment services to the City of Richmond, upon completion of a presentation by Mr. David Williams, Director, Wastewater Department, East Bay Municipal Utility District, regarding the Wastewater Service Partnership.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:   Presentation made.  The City Manager withdrew the staff recommendation.

Public Hearings

  1. New Use Permit – 1301 Oxford Street – Congregation Beth El
    From:   City Manager
    Recommendation:  Conduct a Public Hearing to consider a proposed Use Permit for the congregation Beth El Synagogue and School located at 1301 Oxford Street to allow automobile parking within required yards abutting Oxford and Spruce Streets and upon its conclusion adopt two Resolutions: 1) Certifying the Final Environmental Impact Report and approving Use Permit 99-10000079 for Beth El’s proposed synagogue and school at 1301 Oxford Street; and 2) Overturning the decision of the Landmarks Preservation Commission and approving Structural Alteration Permit 00-40000029 to alter a City landmark by construction of a building and related facilities for operation of a Religious Assembly use.
    Contact:  Carol Barrett, Planning, 705-8102
    a.   Communication from:
    1.   Eva Bansner
    Contact:  Sherry Kelly, City Clerk, 981-6900

    Public Testimony:  The Mayor opened the public hearing.  5 speakers heard.  Moved, seconded, carried (Hawley/Armstrong) to close the public hearing.
     
    Action:
      Moved, seconded, and carried (Hawley/Armstrong; Noes - Worthington) a sense motion to approve the Use Permit and overturn the decision of the LPC and to direct staff to present resolutions and conditions at the meeting of September 25, 2001.

Action Calendar

Appeals:

  1. Zoning Appeals of Use Permit 01-10000005 – 1059 Sterling Avenue
    a.  Appeal filed by La Dell Dangerfield and Regina Rosenthal, of the Zoning Adjustments Board decision of June 14, 2001, which approved a use permit, with findings and conditions, for the construction of a single-family dwelling unit at 1059 Sterling Avenue.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    b.  City Manager Report
    Recommendation:  Adopt a Resolution upholding the decision of the Zoning Adjustments Board and dismissing the appeal.
    Contact:  Carol Barrett, Planning and Development, 705-8102
    c.  Communication from:
    1.  Arshan Poursohi and Erica Friesen
    Action:  Moved, seconded, carried (Armstrong/Hawley; Absent – Olds) to adopt Resolution No. 61,264-N.S. upholding the decision of the ZAB and dismissing the appeal. (Councilmember Olds recused herself due to living closer than 300 feet to the property.)

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ.Proc. '1094.6(b)) or approve (Gov.Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 
Old Business

  1. Meeting Notice Language Regarding Scented Products (held over from July 24, 2001 meeting by Councilmember Spring)
    From:  Commission on Disability
    Recommendation:  Change the language appearing on meeting notices regarding scented products to say the following:  “Please refrain from wearing scented products (perfume, cologne, after-shave, etc.) to these meetings, as there may be people in attendance who are allergic and can be seriously harmed by exposure to these products.”
    Contact:  Eric Dibner, Secretary, 981-6342
    a.  From:  City Manager
    Recommendation: 
    Take no action and leave the meeting notice regarding scented products as it is.
    Contact:  Rene Cardinaux, Public Works, 981-6303

    b.  From:  Councilmember Dona Spring
    Recommendation: 
    Accept the recommendation from the Commission on Disabilities on the proposed language change for the agenda listings of all public meetings in order to accommodate people with environmental illnesses.
    Contact:  Dona Spring, Councilmember District 4, 981-7140
    Action:  Withdrawn by the City Manager for a revised City Manager recommendation at the meeting of October 9, 2001.

New Business

 

Energy Program:

  1. Community Energy Plan
    From: City Manager
    Recommendation: 
    Approve City Manager recommendations for the Small Commercial Energy Services contract and the Green Building Initiative; accept energy-related Information Reports identified below, and schedule a special study session on energy issues at the November 27, 2001 Council Meeting.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Approved scheduling study session for November 27, 2001.
     
    a.  Contract: Small Commercial Energy Services
    From: City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source agreement and any amendments, including amendments that alter the goals, deliverables, and payment terms, with the Community Energy Services Corporation to provide general management and administration services for a small commercial energy efficiency retrofit program in Berkeley and Oakland in an amount of $800,000 for the period September 1, 2001 through June 1, 2003.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Moved to Consent Calendar by Mayor Dean.  Adopted Resolution No. 61,265-N.S.
     
    b.
      Green Building Initiative
    From:  Berkeley Energy Commission
    Recommendation: 
    Adopt a Resolution 1) authorizing allocation of $123,000 in FY 2002 and $111,000 in FY 2003, subject to availability of funds from increased Utility Users Tax revenues, as part of the Energy Plan, to fund the Berkeley Green Building Initiative as submitted to Council on March 15, 2001;  2) adopting the Berkeley Green Building Initiative:  Recommendation Report promote green building practices as the “business as usual” choice for new construction and remodel projects in Berkeley;  and 3) directing the City Manager to (a) hire a Green Building Coordinator, on a two year project basis, to manage the Green Building Initiative, prepare an implementation plan and report annually to Council and (b) develop an inter-departmental initiative to implement green building standards for all City design, construction, operation, and maintenance practices including appropriate City funded projects.
    Contact:  Neal De Snoo, Secretary, 981-5434
    b1.  City Manager Report
    Recommendation:  Adopt a Resolution allocating $41,000 in FY 2002, as part of the Energy Plan, to partially fund the Berkeley Green Building Initiative and adopt the Green Building Initiative:  Recommendation Report to promote green building practices as the “business as usual” choice for new construction and remodel projects in Berkeley.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:   Moved to Consent Calendar by Mayor Dean.  Adopted Resolution No. 61,266-N.S. as proposed by the City Manger’s recommendation.
     
    c.  Cool Roofs Initiative Information Report  (CF 66-01)
    From:  City Manager
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Received and filed.
     
    d.  Policy for Renewable Energy Information Report (CF 65-01)
    From:  City Manager
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Received and filed.
      
    e.  Sierra Club Energy Pledge Information Report (CF 125-01)
    From:  City Manager
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Received and filed.
     

  2. Policy:  Bicycle Issues
    From:  Police Review Commission
    Recommendation:
      1) Request the City Manager 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) Request the City Manager to instruct the 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 the BPD of its intention to use these roadways. 3) That the Council endorse joining surrounding counties in establishing a bicycle diversion program that would include bicycle education and tracking of warnings issued. 4) Ask the City Manager 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, 644-6716
    a.  City Manager Report
    Recommendation:  1) Consider the attached legal opinion issued by the City Attorney stating that bicycles can legally be prohibited from the University Avenue overpass, the Solano Tunnel, and the Ashby Avenue underpass. 2) That Berkeley Police Department (BPD) work with Critical Mass to improve communications and work with the City’s traffic engineer to prepare a written document outlining the safety hazards for bicycle traffic on the roadways in question. 3) That until a bicycle diversion program is developed, BPD has agreed to develop a “Bicycle Safety Brochure” that can be disseminated. 4) That BPD officers be required to write police reports only in injury accidents due to staffing issues, not in all bicycle accidents as requested by the PRC.
    Contact:  D.E. Butler, Police, 981-5700
    Action:  Moved, seconded, and carried (Worthington/Spring; Abstain – Armstrong, Olds) to approve Recommendation 3 of the City Manager’s Report and to amend Recommendation 2 of the City Manager’s Report to request that in order to facilitate communications the Police Department send a written invitation to participants of Critical Mass inviting them to designate representatives to participate with representatives of the Police Department to work together on a bicycle diversion program; a smooth ride for Critical Mass; and traffic safety for the whole community.                             

Information Reports

  1. California Natural Disaster Assistance Loan Program (CALDAP) Investigation of Homeowner Complaints
    From:  City Manager
    Contact:  Weldon Rucker, City Manager, 981-7000 
    Action:  Moved to Action for meeting of October 9, 2001 by Mayor Dean.
     

  2. Formal Bid Solicitations and RFP’s
    From:  City Manager
    Contact:  Frances David, Finance, 981-7300
    Action:  Received and filed.
     

  3. Council Meeting Schedule and Managing the Agenda (to be delivered)
    From:  City Manager
    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000
    Action:  Received and filed.
     

  4. California Healthy Families Program (CF 223-00)
    From:  Community Health Commission
    Contact:  Fred Medrano, Health & Human Services, 981-5100
    Action:  Received and filed.

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

 

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

  1. Regarding 1392 University Avenue project appeal.

    1. Clifford Fred

    2. Howie & Connie Muir (2 letters) Maio
       

  2. Regarding Japanese Boy and Girl Scouts:

    1. Mark Breckner

    2. Denis Valyo

    3. Thomas Lucatorta

    4. Richard Phillips

    5. James Coley

    6. Greg Rasmussen

    7. Timothy Magee

    8. R. Wood Massi
       

  3. Regarding Alta Bates Summit Medical Center.

    1. Frank E. Staggers, Chairperson – Ethnic Health Institute

    2. Alan Lifshay, M.D.

    3. Denis Jackson, Vice President – Bay Operations and Communications

    4. Alex Bergtraun & Michelle Segre-Bergtraun

    5. Marty Lynch  Breland
       

  4. Regarding free bus passes for school children:

    1. Steve Heminger, Executive Director – Metropolitan Transportation Commission

    2. Assemblywoman Dion S. Aroner, Alameda County Supervisor Keith Carson, Contra Costa Supervisor John Gioia  Breland

    3. Sharon Brown, Chair – Metropolitan Transportation Commission
       

  5. Regarding the American Soils Project:  Dean, Breland, Spring

    1. Bruce and Sherrill Reeves

    2. Jane Maxwell
       

  6. Regarding the General Plan:  Dean (a & b)

    1. Petition signed by 14 people  Hawley, Worthington

    2. Ken Norwood, Executive Director – Shared Living Resource Center, Inc.
       

  7. Regarding Northeast Quadrant Science and Safety Projects:  Spring

    1. Pamela Shihvola  Worthington

    2. L.A. Wood  Breland, Worthington

    3. Edward J. Denton, Vice Chancellor - Capital Projects (2 letters)
       

  8. Dan Kataoka, General Manager - Berkeley Bowl, regarding public areas near the Berkeley Bowl Marketplace.  Dean, Hawley, Shirek, Maio, Spring
     

  9. XX, PhD, regarding professional panhandlers.  Breland
     

  10. Jose Manuel Vega, Professor and Chair - Polytechnic University of Madrid,  regarding Codornices Creek.
     

  11. Wendy Alfsen, regarding the Oxford Lot development.  Spring
     

  12. Carol Denney, Board of Directors - Crossroads Village Mutual Housing Association,  regarding 1966 - 68 San Pablo Avenue appeal.  Breland
     

  13. Adam Berman, regarding The Brower Center.  Worthington
     

  14. Jackie Goldberg, Assemblymember, regarding AB 1649 and the rights of transgendered and gender-non-conforming people in California.
     

  15. Dianne Feinstein, U.S. Senator, regarding opposition to the nomination of Jeffrey Sutton to the Sixth Circuit Court of Appeals.
     

  16. Lenora Moore, Chairperson – Board of Community Services United, regarding construction of housing on site of Berkeley Flea Market.  Spring, Maio
     

  17. Jason Meggs, regarding bicycles and Critical Mass.  Dean, Worthington
     

  18. John L. Howard, Senior Associate Director – Council on Environmental Quality, regarding letter from City Clerk regarding energy and the environment.
     

  19. Charles Gary, regarding the People’s Park Project.  Dean, Spring, Worthington
     

  20. Ray Dobard, regarding disability-related discrimination (5 letters).  Dean, Worthington
     

  21. Dick Cheney, Vice President, regarding federal lawsuits against power plants.
     

  22. L.A. Wood, regarding Public Records Act Request.  Dean, Worthington
     

  23. Tom Steinbach, Greenbelt Alliance & Dianne Spaulding, NPH, regarding Bay Area affordable housing.  Worthington
     

  24. La Vonna Franklin, regarding networking with the city.  Dean, Maio
     

  25. A.J. Buttacavoli, regarding Telegraph Avenue.
     

  26. Gene Bernardi & Pamela Sihvola, Committee to Minimize Toxic Waste, regarding vegetation sampling plan for Tritium. Spring, Worthington
     

  27. Robert Larson, Acting Division Director - EPA, regarding national energy policy.
     

  28. Walter Wood, regarding use of Section 8 funds for UNA project.  Dean
     

  29. Victor Apodaca, regarding Berkeley sculptures.  Dean (with explanation of public art process)
     

  30. Kalief Lahutt, regarding homeless rights.

 

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

 

Item 4 – City Manager Report transmitting revised pages to minutes for approval.

  1. Supplemental Pages to Item 4 – Minutes for Approval

Item 19 – Grant Application:  Downtown Berkeley BART and Transit Plaza

  1. Mayor Shirley Dean

Item 51 – Promoting Water Conservation and Efficient Use in Berkeley by Installing Dual Water Systems Where Feasible.

  1. Mayor Shirley Dean

Item 53 – Review Language in the Zoning Ordinance and the West Berkeley Area Plan and University Avenue Area Plan Regarding Nodal Development

  1. a.   Howie & Connie Muir
    b.   Michael Goldberg & Phyllis Kamrin
    c.   Pamela Thomas
    d.   Alice Landis & Lynda Hart
    e.   Danielle Spellman

Item 61 – Zoning Reclassification of a Portion of the 1100 Block of Hearst Avenue

  1. a.   Michael Rogers - Director of Housing Development Breland, Worthington
    b.   Andy Katz & Josh Fryday  Breland, Worthington
    c.    Mayor Shirley Dean

Item 62 – Waiver of Fees for September 22 Downtown Annual Music Festival

  1. Mayor Shirley Dean

Item 75 – Meeting Notice Language Regarding Scented Products

  1. Maria Luisa Barra

Adjournment

 

The meeting adjourned at 10:45 p.m. in memory of Samuel Wesley Williams.


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