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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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MINUTES
 

BERKELEY CITY COUNCIL REGULAR MEETING
 

TUESDAY, OCTOBER 9, 2001

 

Preliminary Matters

 

Roll Call:    7:00 p.m.

 

Present:        Councilmembers Armstrong, Breland, Hawley, Maio, Olds, Shirek, Spring, Worthington and Mayor Dean.

 

Absent:         None.

 

Ceremonial Matters: 

Proclamation for Fire Prevention Week

Action:  Presented proclamation.

Comments from the City Manager: 

 

East Bay Regional Park District Workshops on October 10th and 11th  at 7 p.m. at H’s Lordships

 

Annual Indigenous People’s Day Pow Wow on October 13th at 10 a.m. to 6 p.m. at Martin Luther King Jr. Civic Center Park

                       

Comments from the Public:   Kate Bernier, Shar Suke, Steve White, L.A. Wood, Merri Mitchell, Judith Olson.

 

Youth Forum:  No speakers.

 

Consent Calendar

 

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

  1. Needle Exchange Emergency Distribution
    From:  City Manager
    Recommendation:
    Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.
    Contact:  Sherry Kelly, City Clerk, 981-6900
    Action:  Adopted Resolution No. 61,289–N.S.
     

  2. Approval of Council Minutes
    From:  City Manager
    Recommendation:  Approve the minutes for the meetings of:  a) September 13, 2001 (regular);  b)  September 13, 2001 (closed);  c) September 25, 2001 (regular); d)  September 25, 2001 (closed).
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    Action:  Approved minutes as submitted.
     

  3. Lease:  1769 Alcatraz Avenue (first reading September 25, 2001- Unanimous)
    From:  City Manager
    Recommendation:
      Adopt second reading of an Ordinance authorizing the City Manager to execute a two-year lease agreement with Thomas Goetzl for real property located at 1769 Alcatraz Avenue in an amount not to exceed $18,732 for the purpose of leasing additional office space for the Women, Infants, and Children Expanded Breastfeeding Program for the period November 9, 2001 through October 31, 2003.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
    Action:  Adopted Ordinance No. 6656–N.S. Effective November 8, 2001
     

  4. Design Guidelines for San Pablo Avenue
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to amend the  contract with Community Design + Architecture to allow an additional public workshop on design guidelines to facilitate additional public participation and to increase the contract amount by $5,000.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No. 61,290–N.S.
     

  5. Downtown Berkeley Business Improvement District
    From:  City Manager
    Recommendation:
      Adopt a Resolution approving the 2002 Annual Report of the Downtown Berkeley Business Improvement District;  declaring Council’s intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2002; and directing the City Clerk to schedule a public hearing for October 30, 2001, to consider levying a renewed assessment for the year 2002.
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Adopted Resolution No. 61,291–N.S. and scheduled public hearing for October 30, 2001 to consider levying a renewed assessment for the year 2002.
     

  6. Contract:  Small Business Energy Services
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to waive the Living Wage Ordinance and Nuclear Free Berkeley Ordinance and to execute a contract and any amendments with the City of Oakland for support services for small business lighting efficiency in the amount of $45,000 for the period from October 1, 2001 through June 30, 2003.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Adopted Resolution No. 61,292–N.S.
     

  7. Adjustments to Boundaries of Council Districts (Redistricting)
    From:  City Manager
    Recommendation: 
    Adopt first reading of an Ordinance making adjustments to boundaries of Council Districts as required by the City’s Charter as a result of the 2000 Census.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    Action:  Removed from the Consent Calendar by Councilmember Armstrong.  Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Hawley, Olds, Dean) to adopt first reading of the ordinance.  Second reading scheduled for October 16, 2001.
     

  8. Response to Recommendations of Alameda County Grand Jury
    From:  City Manager
    Recommendation:  Authorize the City Manager to send a letter in response to recommendations of Alameda County Grand Jury to:  1 a) support the Alameda County Sheriff, Oakland Police Chief, District Attorney, Chiefs’ of Police of all other cities in Alameda County, and other concerned law enforcement agencies to immediately form a working group to study the feasibility of constructing a combined law enforcement crime laboratory in Alameda County;  b) support the County Administrator and City Manager’s participation as needed (recommendation 01-08);  2) support issues to be discussed in development of the crime laboratory (recommendation 01-09);  and 3) support monthly meetings for agencies within Alameda County involved with child abuse issues, but informing them that agencies are already participating in like-meetings (recommendation 01-21).
    Contact:  D.E. Butler, Police, 981-5700
    Action:  Approved recommendation.
     

  9. Contract:  Gilman Street / I-80 Interchange Roundabouts Design
    From:  City Manager
    Recommendation:
      Adopt a Resolution authorizing the City Manager to amend the contract with Whitlock & Weinberger Transportation, Inc. (W-Trans) for the Gilman Street / I-80 Roundabouts Design by increasing the contract amount by $22,000 and extending the term to March 31, 2002.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,293–N.S.
     

  10. Contract:  Window Film
    From:  City Manager
    Recommendation:  Adopt a Resolution approving the plans and specifications for window film for the Civic Center Building; accepting the bid of Sunmaster Services, and authorizing the City Manager to execute a contract and any amendments with Sunmaster Services for the application of window film to the Martin Luther King Jr. Civic Center Building in an amount not to exceed $35,935.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,294–N.S.
     

  11. Catch Basin Cleanout
    From:  Councilmember Armstrong
    Recommendation:
      Ask the City Manager to direct the Public Works Department to make a real effort to clean out the storm water catch basins before the beginning of the rainy season this year.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
    Action:  Approved recommendation.
     

  12. Update on Fire Preparedness Ten Years After the East Bay Hills Fire  
    From:  Councilmember Armstrong
    Recommendation:
      Ask the City Manager for an oral report from the Fire Chief at the October 16 Council Meeting on the state of fire safety in Berkeley.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
    Action:  Approved recommendation and scheduled an oral report from the Fire Chief at the October 16 Council meeting.
     

  13. Transit Options for the Downtown
    From:  Councilmember Armstrong and Hawley
    Recommendation:
      Ask the City Manager to have Planning staff gather information on public transit options available at Center and Shattuck, and at Addison and Shattuck, from 7:00 PM to midnight, as well as on Saturdays from noon to 4:00 PM.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180; Miriam Hawley, Councilmember District 5, 981-7150
    Action:  Approved recommendation.
     

  14. Fee Waiver:  United Nations Association’s 3rd Annual Run for Peace
    From:  Councilmember Breland
    Recommendation:  Adopt a Resolution waiving all fees for the East Bay Chapter of the United Nations Association’s 3rd Annual Run for Peace on October 21, 2001.
    Contact:  Margaret Breland, Councilmember District 2, 981-7120
    Action:  Adopted Resolution No. 61,295–N.S.
     

  15. Policies in Support of Renewable Energy Sources
    From:  Mayor Dean
    Recommendation:
      Take the following steps:  1) Support an amended SB 532 requiring retail sellers of electricity to increase the amount of clean energy they buy and resell to consumers.  Notify the bill’s sponsors (Sher and Jackson), our representatives in the State Legislature and our lobbyist in Sacramento.  2) Refer to City Manager and Energy Commission:  a) the establishment of a policy to support only small-scale, locally controlled, cleanly distributed energy generation sources, and;  b)  the formulation of a letter to the Governor and the California Power Authority asking to increase funding for clean renewable power proposals and energy conservation programs rather than continued reliance on natural gas-fired power plants.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  16. Assuring that All Local Businesses Pay their Fair Share of Taxes
    From:  Mayor Dean
    Recommendation: 
    1) Support AB 63 that permits information sharing between the Franchise Tax Board (and City authorities so that local businesses pay their fair share of City business taxes and fees; 2) since the bill has already been approved and is on the Governor’s desk, request that the City Clerk notify Governor Davis of the City’s position;  and 3)  if the Governor approves the legislation, by this item Council authorizes City participation in this program unless the City Manager determines that the fees for participation outweigh the potential financial benefits.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  17. Grant Application Under the Innovative Energy Education Grants Program
    From:  Mayor Dean
    Recommendation: 
    Refer to the City Manager and the Energy Commission for immediate consideration an application for funding under the Innovative Energy Education Grants Program of the State’s State and Consumer Services Agency.  Since the grants are limited to one per organization, the City Manager should also consider working with our local energy non-profits and Berkeley Unified School District so that they too apply for these grants.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

  18. Crime Rates in Berkeley
    From:  Mayor Dean
    Recommendation:
      Direct the City Manager:  1) by no later than January, 2002, schedule for one hour the presentation of a report and analysis of crime rates in Berkeley (including crimes that occur on the UC property), with particular discussion of Berkeley’s crime rate compared to the State of California and other jurisdiction within California; 2) if the analysis indicates a high crime rate in Berkeley, present recommendations, targets, and timetables to improve Berkeley’s statistics and bring them in line with low crime rates in and around the Bay Area;  and 3)  present this report to the Council during a Council meeting reserved for public hearings and at a time no later than 8:00 PM, so that the public will have maximum access to and understanding of the information.  The report should be given in clear and concise format so that the public will be able to digest it, ask questions, and provide suggestions.
    Contact:  Shirley Dean, Mayor, 981-7100 
    Action:   Removed from the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Worthington/Spring) to approve the recommendation as amended by Councilmember Worthington to eliminate references to specific times for reports back and placement on the agenda.
     

  19. Installing Flagpoles Outside of the Civic Center Building and the Public Safety Building
    From:  Mayor Dean
    Recommendation:
      Refer to the City Manager, the Landmarks Preservation Commission, and other appropriate commissions, if any, the installation of flagpoles at the Civic Center Building, including a request for costs and an installation timetable. with responses due by the end of the year.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:   Approved recommendation as amended by Councilmember Worthington to eliminate the date response is due.

Presentations  

  1. CALSHINE (Cal Students for Health Insurance in Neighborhoods) regarding its Outreach Program for the Medically Uninsured or Underinsured
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Presentation made.
     

  2. Berkeley Police Department and the Family Violence Law Center regarding Domestic Violence Trends
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Presentation made.

  Action Calendar

 

Emergency Item:

Bombing of Afghanistan

From:  Councilmember Spring

Recommendation:  Add to the agenda an Emergency Item (requires approval of two-thirds of the Council) in compliance with Brown Act Section 54954.2 that there is an immediate need to take action and that the need for this action came to the attention of the City subsequent to the agenda being posted. The item as follows:  1) Request the City Manager send letters to our elected national representatives asking them to take whatever action they can to cease the bombing of Afghanistan and to seek a legal, nonmilitary resolution; 2) Endorse and send  to these officials, the attached letter recently presented by Vice Mayor Shirek to the Congressional Black Caucus;  and  3) adjourn this Council meeting in memory of the innocent civilians in Afghanistan being harmed and made refugees due to the bombing.

Action:  Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Hawley, Olds, Dean) adding the matter to the agenda.

Old Business:

  1. California Natural Disaster Assistance Loan Program (CALDAP) Investigation of Homeowner Complaints  (moved to Action by Mayor Dean and held over from September 13, 2001)
    From:  City Manager
    Contact:  Weldon Rucker, City Manager, 981-7000
     
    Action:  
    Heard from the following citizens regarding this program:  Marcy McGaugh, Charise Carter, Judith Olson, Rose Marie Pietras, Tony Pitre-Hall, Genell Erwin, Sooja Peterson, and Rose Randle.
     
    Action:   Moved, seconded, carried (Armstrong/Worthington) to accept the City Manager’s report and recommendations for improvements to City processes and to also approve the following recommendations submitted by Mayor Dean: 1) Commend the City Manager for moving ahead with improvements to City processes designed to eliminate any perception of contractor favoritism, encourage homeowner solicitation of their own bidders, make staff completely responsible for preparing the full work write-ups for bidding purposes, improve processes and procedures for organizing and retaining loan and project files, standardize all file content and taking steps to ensure that contractors are capable of carrying out the agreed upon work, as outlined in the September 11, 2001 Report to the Council. items a, b, c, and d.;  2) request the City Manager: a) contact the State that the portion of the CALDAP-O loan associated with rental units be forgiven, similar to the CALDAP-R rental unit loan terms; 
    b) Recommend to the California Contractors State License Board that it investigate the revocation of this contractor’s license and that this contractor be removed from a list of approved government contractors, if such a process of removal exists; c) Compile into a separate report the responses of the Berkeley CALDAP-O loan recipients to the City and State reports. Treat this report as an official part of the September 11th report on this subject; d) Separate out on a case by case basis the specific items and costs to the homeowner of work that was in the scope of work but which was not done, work that had to be repeated at the property owner’s expense, work that needs to be done because the original work was incomplete or done incorrectly. Also indicate those items (with costs) that are questionable as to whether they were in the original scope of work; e) Consult with Senator Perata’s Office, HUD, City or other agency, to identify a source of funding for grants to correct housing deficiencies in the CALDAP-O properties. The objective is to make all CALDAP-O loan property owners whole with homes in good condition. Work with the State to reduce loan balances by the amount paid by individuals above and beyond the CALDAP loan amount to correct work that was incomplete or improperly done, or work that was caused by work that was incomplete or improperly done. In addition, work with the State so that each CALDAP-O property owner who has any loan remaining at the close of the process, will have in writing on an annual basis, or monthly basis, if they chose to repay their loan on that basis, the amount they owe, and how they can re-pay their loan, or the accumulation of interest on a deferred loan.  The motion also included an amendment by Councilmember Breland to extend loan repayments beyond six months upon the death of the property owner to allow the heirs of the deceased property owner the option of staying in the home.

New Business:

  1. Council Meeting Schedule – 2002
    From:  City Manager
    Recommendation:  Adopt a Resolution:  1) approving a Council Meeting Schedule for the 2002 Calendar Year for purposes of conducting regular business and holding public hearings and 2) establishing additional quarterly meetings for purposes of holding  working sessions with staff on identified critical initiatives and departmental work programs.
    Contact:  Sherry M. Kelly, City Clerk, 981-6900
    Action:  Moved, seconded, carried (Maio/Armstrong) to adopt Resolution No. 61,296–N.S.

Information Reports  

  1. Speed Limit on Claremont Avenue
    From:  City Manager
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Received and filed.
     

  2. Firestorm Ten-Year Anniversary
    From: City Manager
    Contact:  Reginald Garcia, Fire, 981-3473
    Action:  Received and filed.  Councilmember Maio asked the City Manager to consider holding commemorative events in Berkeley.
     

  3. Update on Cancer Prevention Efforts
    From:  City Manager
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Moved to Action by Councilmember Maio.  Moved, seconded, carried (Maio/Spring) to receive and file the report and to also approve the following recommendations by Councilmember Maio: 1) pursue point source monitoring at Pacific Steel; 2) increase education on the proper use and disposal of household hazardous waste products; 3) increase the use of 100% post consumer recycled paper products; 4) develop a schedule for accomplishing all of the points; and 4) work with cancer research centers to expand the program.  The motion also included a recommendation by Councilmember Spring to ask the City Manager to direct the Public Works Department to use greener cleaning detergents and disinfectants in public buildings.
     

  4. Bus Rapid Transit
    From:  Mayor Shirley Dean
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Received and filed.
     

  5. Uniform Enforcement of CUPA and Non-CUPA Environmental Laws
    From:  Community Environmental Advisory Commission
    Contact:  Nabil Al-Hadithy, Secretary, 705-8155
    a.  City Manager Information Report
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Received and filed.
     

  6. Moveable Mural for Long’s Drugs Wall on Shattuck Avenue (CF11-01)
    From:  Civic Arts Commission
    Contact:  Mary Ann Benton, 705-8183
    Action:  Held over to October 16, 2001 by Councilmember Spring.

Communications

 

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

  1. Ruth Perrine, regarding the Virginia Cleaners and pharmaceutical manufacturing. Maio, Hawley
     

  2. Anne Marselis, regarding civic responsibility. Worthington, Dean
     

  3. Ray Dobard, regarding public records inspection and Berkeley as a hate free zone. Breland, Worthington, Dean
     

  4. Jacque Ensign, Berkeley Path Wanderers Association, regarding Santa Fe right of way. Olds, Maio, Spring, Dean
     

  5. Regarding the removal of the American flag from Berkeley fire trucks:  Maio

    1. Alan Blake

    2. Walter Wood

    3. Colette Strader

    4. Guy Cooke

    5. John Anderson

    6. Art Cellar

    7. Walt Keller

    8. Richard Carron

    9. Frank D. Edwards

    10. Marilyn Lantz

    11. Sharon Magnuson

    12. George Wiley

    13. Mary Ann Clegg
       

  6. Phyllis & Orlando Rodriguez, regarding the World Trade Center bombing.
     

  7. Howie Muir, regarding sustainable growth, staff reports, and zoning. Maio, Spring
     

  8. Regarding CalDAP:  Spring

    1. Marcy McGaugh

    2. Eula Ball

    3. Darnella Street, William Montjoy, Charise Carter
       

  9. Edward J. Denton, UC Berkeley, regarding renewable energy systems.
     

  10. Sandra Schlecter, regarding Popeye’s Fried Chicken.  Dean
     

  11. Regarding the Gaia Building:  Olds

    1. Sarah Stadler

    2. Marcia Poole

    3. Hank Resnik

    4. Richard Register
       

  12. Earl Nicholas Selby, regarding Wireless Telecommunications Facilities. Dean
     

  13. Regarding Hopkins Street Bakery:

    1. Cristina Pinillos-Lazaro  Shirek, Hawley, Dean

    2. Lisa Denice
       

  14. Charles L. Smith, regarding City-University Relations

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS
 

Item 2 – Minutes for Approval

  1. City Manager report transmitting revised pages for September 13, 2001 minutes as requested by Mayor Dean.

Emergency Item - Bombing of Afghanistan

  1. Report from Dona Spring

Item 22 –       California Natural Disaster Assistance Loan Program (CALDAP) Investigation of Homeowners Complaints

  1. Sooja Peterson

Item 28 – Uniform Enforcement of CUPA and Non-CUPA Environmental Laws

  1. L.A. Wood

Communications List - Item 3

  1. Ray Dobard, regarding public records inspection and Berkeley as a hate free zone.  (due to printing error, communication in Council packet is incomplete)
    a.  Addendum to Communications List - Item 3 

Adjournment

 

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

 

The meeting adjourned at 11:10 p.m.


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.