SUMMARY
 

BERKELEY CITY COUNCIL REGULAR MEETING
 

TUESDAY, OCTOBER 16, 2001
 

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

Ceremonial Matters:  Proclamation in honor of Childhood Lead Poisoning Prevention Week

Action:  Proclamation read.

Comments from the City Manager:  None 

Comments from the Public:  10 speakers.

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

1. Adjustments to Boundaries of Council Districts (Redistricting) (Noes:  Armstrong, Hawley, Olds, Dean)
   From:  City Manager
   Recommendation:  Adopt second 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 (Worthington/Spring; Noes – Armstrong, Hawley, Olds, Dean) to adopt  second reading of Ordinance No.  6657-N.S. In effect:  November 15, 2001. 
    

2. Updated Conflict of Interest Code
   From:  City Manager
   Recommendation:  Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 60,788-N.S. (2000 Conflict of Interest Code).
   Contact:  Sherry Kelly, City Clerk, 981-6900
   Action:  Adopted Resolution No.  61,297-N.S.
    

3. Contract:  Green Building Design Assistance Services
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to amend contract  with the Green Resource Center (GRC), to increase the amount by $5,580 to provide green building design assistance for the City from September 27, 2000 through December 31, 2002.
   Contact:  Bill Lambert, Economic Development, 705-8180
   Action:  Adopted Resolution No.  61,298-N.S.
    

4. Grant:  Counter Terrorism Equipment
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to authorize the purchase of specialized supplies and equipment necessary to respond to incidents of terrorism and weapons of mass destruction to Life Safety Systems - Counter Terrorism Equipment in an amount not to exceed $53,998.
   Contact:  Reginald Garcia, Fire, 981-3473
   Action:  Adopted Resolution No. 61,299-N.S.
    

5. Grant:  College Tobacco Prevention Program
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $100,500 from the Alameda County Public Health Department for a college tobacco prevention program for Fiscal Years 2002, 2003, and 2004; and to execute the resultant agreement and any amendments.
   Contact:  Fred Medrano, Health & Human Services, 981-5100
   Action:  Adopted Resolution No. 61,300-N.S.
    

6. Grant:  Tobacco Cessation and Prevention Program
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $49,000 from the American Lung Association-East Bay for the tobacco cessation and prevention program for Fiscal Year 2002, and to execute the resultant agreement and any amendments.
   Contact:  Fred Medrano, Health & Human Services, 981-5100
   Action:  Adopted Resolution No. 61,301-N.S.  Mayor Dean asked the City Manager to work with the Tang Center.
    

7. Contract:  Alternative Energy Resources
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Global Energy Partners, LLC for alternative energy consulting for the period November 1, 2001 through October 31, 2002 in the amount of $100,000.
   Contact:  Stephen Barton, Housing, 981-5400 
   Action:  Adopted Resolution No. 61,302-N.S.
    

8. Contract: Sports Court Renovations
   From:  City Manager
   Recommendations:  Adopt a Resolution approving the plans and specifications for the Sports Court Renovations at Cedar Rose Park and Strawberry Creek Park; accepting the bid of Vintage Contractors, Inc.; and authorizing the City Manager to execute a contract and any amendments for a period of 60 calendar days, in an amount not to exceed $190,000.
   Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700 
   Action:  Adopted Resolution No. 61,303-N.S.
    

9. Grant:  Proposition 12 – Urban Recreational and Cultural Centers (URCC)  Authorization (to be  delivered)
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application for grant funds for the Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education or Environmental Education under the Safe Neighborhood Parks, Clean Air and Coastal Protection Bond Act of 2000 to the California Department of Parks and Recreation and to execute a grant agreement and any amendments that may be necessary.
   Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
   Action:  Adopted Resolution No. 61,304-N.S.
    

10. Grant:  Proposition 12 – Roberti-Z’Berg-Harris Urban Open Space and Recreational Grant Program (to be delivered)
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to submit applications for grant funds for the Roberti-Z’Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 to the California Department of Parks an Recreation and to execute related grant agreements and any amendments that may be necessary.
    Contact:  Lisa Caronna, Parks, Recreation, & Waterfront, 981-6700
    Action:  Adopted Resolution No. 61,305-N.S.
     

11. Prohibition on Establishment of Office Uses in the Dwight - Hillside Area
    From:  City Manager
    Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.40.050 to permanently prohibit the establishment of office use in that portion of the Multi-Family Residential-Hillside (R-4H) District identified as the Dwight-Hillside area and repealing Section 23e.96.100.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted first reading of Ordinance.  Second reading October 30, 2001.
     

12. Definition of an Unreinforced Masonry Wall
    From:  City Manager
    Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 19.38.010 to add new Subsection (b) to correct a technical error in the definition of an unreinforced masonry wall.
    Contact:  Carol Barrett, Planning & Development, 705-8102
    Action:  Adopted first reading of Ordinance.  Second reading October 30, 2001.
     

13. Grant Application:  I-80 Bicycle / Pedestrian Bridge
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) execute a grant application with Metropolitan Transportation Commission (MTC) for $794,000 in State Transportation Improvement Program (STIP) funds for the design and construction of access and site improvements relating to the I-80 Bicycle/Pedestrian Overcrossing;  2)  allocate up to $91,548.20 (11.53%) in matching funds, and 3)  execute necessary documents to accept funding if granted.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,306-N.S.
     

14. Contract:  Transfer Station Floor Repairs
    From:  City Manager
    Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Transfer Station tipping floor repairs; 2) accepting the single bid of Delta Pacific Builders and 3)  authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $175,710 for a period of 30 calendar days.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,307-N.S.
     

15. Contract:  Martin Luther King, Jr. Civic Center Building
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract 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:  Adopted Resolution No. 61,308-N.S.
     

16. Temporarily Waive the City’s Banner Rule
    From:  Councilmember Armstrong
    Recommendation:  Ask the City Manager to waive the rule that banners on city poles not refer to a single organization, and allow the Aurora Theater to hang a banner with its name on it on the pole directly in front of the new theater.
    Contact:  Polly Armstrong, Councilmember District 8, 981-7180
    Action:   Removed from the Consent Calendar by the City Manager.  Moved, seconded, carried (Armstrong/Worthington) to approve the recommendation amended by Councilmember Armstrong to ask the City Manager to allow the banner be hung across the street for the opening if possible.
     

17. Certificates of Recognition – West Berkeley Neighborhood Clean-up Participants
    From:  Councilmember Breland
    Recommendation:  Support the issuance of certificates of recognition to persons who volunteered at the Neighborhood Clean-up Party at University and San Pablo Avenue. The event took place Saturday, September 22, 2001.
    Contact:  Margaret Breland, Councilmember District 2, 981-7120
    Action:  Approved recommendation.
     

18. “Stop Cancer Where It Starts” Resolution
    From: Councilmember Worthington
    Recommendation:  Reaffirm commitment to “Stop Cancer Where It Starts” Resolution and request updated status report from the City Manager.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Withdrawn by Councilmember Worthington to be revised and submitted for a future agenda.
     

19. Student District Charter Amendment
    From:  Councilmember Worthington
    Recommendation:  Establish a process for accommodating the request from ASUC officials for a “student district” by allowing voters an opportunity to vote on a charter amendment establishing such a district.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
     
    Actions:  Moved, seconded, failed (Armstrong/Hawley; Noes – Breland, Maio, Spring; Abstain – Shirek, Worthington) a substitute motion to place a charter amendment on the March ballot that would allow the voters to adopt the redistricting plan presented by the ASUC officials representing UC students.
     
    Moved, seconded, carried (Worthington/Maio; Noes – Hawley, Olds; Abstain – Armstrong, Dean) the main motion to establish a process for accommodating the request from the ASUC officials for a “student district” and that this process include forming a Council subcommittee to work with the students, neighborhoods, and business community to draft wording for a charter amendment to place before the voters on the ballot for either March or November, and that the “student district” proposal consider any revised census figures, if possible.
     
    Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Hawley, Olds, Dean; Abstain – Shirek) to include Councilmembers Maio, Spring and Worthington) on the Council Subcommittee.
     
    Moved, seconded, carried (Hawley/Olds) to waive Council rules to allow discussion and action on ballot measures for the March election at the meeting of October 30, 2001.
     

20. Presentation:  BOSS’s Homeless Survey
    From:  Councilmember Worthington
    Recommendation:  Allow a brief presentation of BOSS’s Homeless Survey at October 16^th meeting.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Presentation rescheduled for the meeting of October 30, 2001.
     

21. Establishment of a Temporary Citizens Committee to Review Bonus Density Ordinance
    From:  Mayor Dean  
    Recommendation:  Request the City Manager: 1) establish a temporary, manager-appointed working group composed of individuals who represent various viewpoints to assist with shaping of both an interim procedure, if necessary, and a final process to be incorporated into the City’s Zoning Ordinance for the administration of the State’s Density Bonus Law; 2) this working group be advisory to the City Manager or his designated staff; 3) the working group’s recommendations be submitted to and reviewed by the Planning Commission before being submitted to the Council for final approval;  4)  the staff will also be free to submit recommendations at the same time throughout this process;  and 5) the Council considers this to be a priority matter.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Withdrawn by Mayor Dean.
     

22. Traffic Calming
    From:  Councilmembers Maio and Spring
    Recommendation:  Refer to the Transportation Commission a recommendation calling for the narrowing of downtown streets and the addition of bike lanes, where possible, in order to make the streets more pedestrian and bicycle friendly.
    Contacts:  Linda Maio, Councilmember District 1, 981-7110, Dona Spring, Councilmember District 4, 981-7140
    Action:  Removed from the Consent Calendar by Councilmember Worthington.  Withdrawn by Councilmember Maio to be revised and submitted for a future agenda.
     

23. City Vehicle Conversion
    From:  Mayor Dean
    Recommendation: Request the City Manager:  1) prepare a timetable and budget for the conversion of all city vehicles to biomass, CNG, or other environmentally-acceptable fuel as quickly as possible, excluding passenger cars, traffic enforcement, and other small city vehicles and refer the matter for incorporation into the City budget process;  2)  with regard to city passenger cars, traffic enforcement vehicles, and other small vehicles, the City Manager should undertake an initial exploration of the costs and other issues associated with converting them to other forms of energy, evaluate the most environmentally-sound and cost-efficient way to proceed, and include these in the timetable budget;  3) in preparing the timetable, the City Manager consult with the Community Environmental Advisory Commission, the Transportation Commission, the Sierra Club, and any other citizens’ groups that he deems appropriate; 4)  complete his recommendations for the timetable/budget so that Council may review and discuss these in conjunction with the up-coming mid-year budget review;  and 5) contact the University of California and offer some city vehicles for fuel testing under their biomass research program.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Approved recommendation.
     

24. Installation of Wind Monitoring Station on Berkeley Pier
    From:  Councilmember Maio
    Recommendation:  In support of exploring feasible renewable energy sources, adopt a Resolution waiving fees and expedite permit processing for installation of a wind monitoring station on the abandoned section of the Berkeley Pier.
    Contact:  Linda Maio, Councilmember, District 1, 981-7110
    Action:  Held over by Councilmember Maio to the meeting of November 13, 2001.        
     

25. Traffic Signal Accessibility
    From:  Commission on Disability
    Recommendation:  Adopt a Resolution establishing a policy requiring installation of access and safety-enhancing features for pedestrians on all newly constructed traffic signals and on all renovation projects that significantly alter existing traffic signals; requiring newly constructed traffic signals be located outside the pedestrian-traveled portion of the public right-of-way and optimally for future sidewalk access ramps; and authorizing an expenditure in the amount of $60,000 for access and safety-enhancing features for traffic signals.
    Contact:  Eric Dibner, Secretary, 981-6342
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:  Rene Cardinaux, Public Works, 981-6300  
    Action:  Adopted Resolution No. 61,309-N.S.
     

26. Moratorium on the Naming of Public Facilities
    From:  Parks & Recreation Commission
    Recommendation:  Adopt a moratorium on the naming or renaming of public facilities until such time until Council has reviewed and taken action on proposed revisions to the existing policies guiding the naming of parks, streets, buildings, and other public facilities.
    Contact:  Jay Kelekian, Secretary, 981-6707
    a.  City Manager Report
    Recommendation:  Concurs with the content and recommendations of the Commission.
    Contact:  Lisa Caronna, Parks, Recreation and Waterfront, 981-6700
    Action:  Approved recommendation.

27. Fire Preparedness Ten Years after the East Bay Hills Fire
    Contact:  Reginald Garcia, Fire Chief, 981-3473
    Action:  Heard presentation.
     

28. Alliance for AC Transit and Bus Riders’ Union regarding “Bus Riding 101”
    Contact:  Miriam Hawley, Councilmember District 5, 981-7150
    Action:  Heard presentation.
     

29. Alameda County Transportation Authority regarding Measure B Status
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Heard presentation.

Old Business:

30. Moveable Mural for Long’s Drugs Wall on Shattuck Avenue (CF11-01) (Removed by Councilmember Spring on October 9, 2001)
    From:  Civic Arts Commission
    Contact:  Mary Ann Benton, 705-8183
    Action:  Moved, seconded, carried (Hawley/Armstrong; Absent – Maio, Worthington) to accept the Civic Arts Commission recommendation.  Report received and filed.

New Business:

31. Bombing of Afghanistan
    From:  Councilmember Spring
    Recommendation:   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, which acknowledges and grieves the tragic events of September 11^th;  and  3) adjourn this Council meeting in memory of the innocent civilians in Afghanistan being harmed and made refugees due to the bombing.
    Contact:  Dona Spring, Councilmember District 4, 981-7140
     
    Actions:  Moved, seconded, failed (Armstrong/Olds; Noes – Shirek, Worthington; Abstain – Breland, Hawley, Maio, Olds, Spring, Dean) to commend our elected officials and our President for performing the difficult task of bringing together more than 60 countries to join with us in the fight against terrorism in the world and to ask the City Manager to communicate with our President commending him for refusing to rush into a thoughtless response to the 5000 deaths that occurred on September 11^th, but instead taking the time to bring together an international consensus of countries from Cuba to Canada and from Saudi Arabia to Russia all joining with us in our fight to defeat terrorism worldwide.
     
    Moved, seconded, carried (Breland/Shirek) a revised motion presented by Councilmember Spring to adopt Resolution No. 61,310-N.S. consisting of five parts.  The motion was severed and voted on as follows:

     

    1. Condemn the mass murder of thousands of people on September 11, 2001, and express our profound grief at the atrocities last month that killed thousands of innocent people in New York, Washington, and Pennsylvania, and acknowledge, honor, and support the heroic rescue efforts on the part of dedicated police and fire departments, and the city, state, and federal governments (Abstain – Armstrong, Hawley, Olds)

    2. Ask our representatives to help break the cycle of violence, bringing the bombing to a conclusion as soon as possible, avoiding actions that can endanger the lives of innocent people in Afghanistan, and minimizing the risk to American military personnel (Abstain – Armstrong, Hawley, Olds, Dean)

    3. Urge our representatives to concentrate all available resources on bringing to justice all of those who were complicit in last month’s violent attack, and work with international organizations toward the same end (Abstain – Armstrong, Hawley, Olds, Dean)

    4. Urge our representatives to devote our government’s best efforts in collaboration with governments throughout the world, to addressing and overcoming those conditions such as poverty, malnutrition, disease, oppression, and subjugation that tend to drive some people to acts of terrorism (Abstain – Armstrong, Hawley, Olds, Dean)

    5. Request that we engage in a national campaign to lessen our dependence on oil from the Middle East and to commit to a nationwide conversion to renewable energy sources such as solar and fuel cells, within five years (Abstain – Armstrong, Hawley, Olds)

32. Grant:  Tobacco Prevention Program
    From:  City Manager
    Contact:  Fred Medrano, Health & Human Services, 981-5100
    Action:  Received and filed.
     

33. Formal Bid Solicitation and Request for Proposals
    From:  City Manager
    Contact:  Fran David, Finance, 981-7300
    Action:  Received and filed.
     

34. Status Report on Unreinforced Masonry Compliance Project
    From:  City Manager
    Contact:  Carol Barrett, Planning & Development, 705-8102 
    Action:  Removed by Councilmember Olds.  Moved, seconded, carried (Olds/Hawley; Absent – Worthington) to amend Council rules to include this matter as an action item on the agenda of October 30, 2001.
     

35. Water Transit Authority’s Pursuit of Ferries and Environmental Issues
    From:  Councilmember Maio
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:  Received and filed. 

Action:  Read, noted and filed unless otherwise indicated

Page No.

1. Susan Talcott, regarding quality of life north of campus. Spring, Maio, Worthington, Dean
    

2. Norman La Force, Sierra Club, regarding a proposal for Berkeley Meadow. Worthington, Maio, Dean
    

3. Ken Norwood, regarding airlines and railroads.
    

4. Robert Berdahl, UC Berkeley, regarding the recruitment of women and minority as faculty.
    

5. Rhiannon, Oceanview Tenants Association, regarding office conversion in the MU/LI district. Maio, Spring, Worthington, Dean
    

6. Regarding Nextel letter: Maio, Dean

   1. Kevin Sutton

   2. Erica Etelson
       

7. Ray Dobard, regarding disability related discrimination. Worthington, Dean
    

8. Ginny Lavan, regarding anti-USA rallies.
    

9. Petition signed by 17 people, regarding the General Plan. Spring, Dean
    

10. Sharon Duggan, regarding 1301 Oxford Street appeal. Spring, Dean
     

11. Anne Marselis, regarding equitable enforcement.
     

12. Nackerud, regarding noise emanating from 1201 Oxford Street. Spring, Worthington,  Maio, Dean
     

13. Steve Swanson, regarding the elimination of food carts. Spring, Worthington, Maio, Dean
     

14. Carol Denney, regarding public records. Worthington, Dean
     

15. Regarding the removal of the American flag from city fire trucks: Maio, Dean
     

    1. Soundless

    2. Bryan Gay

    3. Eugene P. Prather

    4. John Cardella

    5. Max C. Yost

    6. Mike Randolph

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Item 19 - Student District Charter Amendment

16. Clifford Fred

Item 21 – Establishment of a Temporary Citizens Committee to Review Bonus Density Ordinance

17. Michael Goldberg

18. Howie and Connie Muir

Item 24 - Installation of Wind Monitoring Station on Berkeley Pier, and

Item 26 - Moratorium on Naming of Public Facilities

19. Paul Kamen, Chair, Waterfront Commission

Item 31 – Bombing of Afghanistan  
 

Action:  Moved, seconded, carried (Olds/Hawley; Absent – Worthington) to extend the meeting to complete specific agenda items.

Adjourned at 11:21 p.m.