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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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SUMMARY

  

BERKELEY CITY COUNCIL REGULAR MEETING

  

TUESDAY, DECEMBER 18, 2001

 

Preliminary Matters

 

Roll Call:   7:00 p.m.; All present  

 

Comments from the City Manager:

1.         Local government programs, including Council meetings, will start broadcasting on Channel 78 as of the first of the year.   

 

Comments from the Public:  Action:   16 speakers.

 

Consent Calendar

 

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

  1. Minutes for Approval
    From:  City Manager
    Recommendation:
      Approve the minutes for Council meetings of:  a) October 30, 2001 (regular) as revised by Mayor Dean; b) November 27, 2001 (special); c) November 27, 2001 (regular); d) and December 4, 2001 (special).

    Contact: Sherry M. Kelly, City Clerk, 981-6900

    Action:  Approved minutes

     

  2. Disabled Access Ramps (first reading 12/11/01 Absent – Breland; second reading - Unanimous)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.04.030.A.2. to allow ramps/lifts over 30 inches in height within the front yard or exterior side yard setback in all residential zones as a ministerial permit.

    Contact:  Carol Barrett, Planning & Development, 705-8102

    Action:  Adopted Ordinance No.  6667–N.S.  Effective January 17, 2002.

     

  3. Reasonable Accommodation Access to Fair Housing (first reading 12/11/01 – Absent – Breland; second reading - Unanimous)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance adding Chapter 23B.52 to the Berkeley Municipal Code (BMC) to provide an opportunity for reasonable accommodation in the application of the City’s land use regulations by allowing for the modification of the zoning and subdivision regulations for persons with disabilities seeking access to housing without the necessity of obtaining a variance or use permit.

    Contact:  Carol Barrett, Planning & Development, 705-8102

    Action:  Adopted Ordinance No.  6668–N.S. Effective January 17, 2002.

     

  4. Definition and Regulation of Smoke Shops (first reading 12/11/01 –Absent –Breland; second reading - Unanimous)

    From:  City Manager

    Recommendation:  1) Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23E.36.030, Section 23E.40.030, Section 23E.44.030, Section 23E.48.030, Section 23E.52.030, Section 23E.56.030, Section 23E.60.030, Section 23E.68.030, Section 23E.64.030, to prohibit smoke shops with 1,400 feet of a school or park, to require a use permit for smoke shops, to add a new definition of smoke shop to Subtitle 23F, and to delete the portion of Section 23E.56.030 dealing with tobacco products and associated merchandise.

    Contact:  Carol Barrett, Planning and Development, 705-8102

    Action:  Adopted Ordinance No. 6669–N.S. Effective January 17, 2002.

     

  5. Lease:  Police Substation (first reading 12/11/01 – Absent – Breland; second reading - Unanimous)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance authorizing the City Manager to execute a lease agreement with Huck Rorick and Judith Ann Meyer for the Police Substation located at 3140 Martin Luther King Jr. Way and 3192 Adeline St., in an amount not to exceed $262,000 for a period of eighteen months with an option to extend an additional ten months.

    Contact:  Dash Butler, Police Chief, 981-5700

    Action:  Adopted Ordinance No. 6670–N.S. Effective January 17, 2002. 

     

  6. Wireless Telecommunications Antennas and Facilities (first reading 12/11/01 – Noes – Worthington; Abstain – Olds;  Absent – Breland; second reading – Noes – Worthington; Abstain – Breland, Olds)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance proposed by Staff regulating the siting, installation, and operation of wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems that are located on property other than the public right of way by adding Chapter 23C.17 to the Berkeley Municipal Code relating to wireless telecommunications facilities, amending Subsection 23F.040.010 by adding new definitions, and amending Sections 23C.20.030A, 23E.40.020B, 23D.16.030 through 23D.44.030 and Sections 23E.40.030 through 23E.84.030 regarding Use Permit requirements.

    Contact:  Wendy Cosin, Planning and Development, 705-8130

    Action:  Adopted Ordinance No. 6671–N.S. Effective January 17, 2002.

     

  7. Wood Burning Appliance Restrictions (first reading 12/11/01 – Absent – Breland; second reading - Unanimous)

    From:  City Manager

    Recommendation:  Adopt a second reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 19 (Building and Construction), by adding Section 19.28.195, Wood-burning Appliances.

    Contact:  Carol Barrett, Planning & Development, 705-8102

    Action:  Adopted Ordinance No. 6672–N.S. Effective January 17, 2002.

     

  8. Temporary Employment Agency Services (Certified Personnel)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Certified Personnel for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

    Action:  Adopted Resolution No. 61,382–N.S.

     

  9. Temporary Employment Agency Services (Act One)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Act One for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

    Action:  Adopted Resolution No. 61,383–N.S.

     

  10. Temporary Employment Agency Services (Office Team)

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing expenditures up to $50,000 for Office Team for temporary employment for the City Clerk Department for the period July 1, 2001 through June 30, 2002.

    Contact:  Sherry Kelly, City Clerk, 981-6900

    Action:  Adopted Resolution No. 61,384–N.S.

     

  11. Loan Agreement:  Café Service at 2180 Milvia Street

    From:  City Manager

    Recommendation:  Adopt a Resolution 1) authorizing the City Manager to negotiate on the open market; 2) execute a loan agreement with a qualified operator to provide café service at 2180 Milvia Street in an amount not to exceed $40,000; and 3) City to fund interior improvement expenses in an amount not to exceed $20,000.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Resolution No.  61,385–N.S.

     

  12. Contract:  Refrigerators for Low-Income Households

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Galvin Appliance in an amount not to exceed $235,000 for approximately 400 refrigerators for low-income households for the period January 1, 2002 through December 31, 2003.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,386–N.S.

     

  13. Grant:  CSBG Funding

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a Community Services Block Grant (CSBG) in the amount of $44,211, from the State Department of Community Services and Development and executing any resultant agreement and amendments to provide low-income services.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,387–N.S.

     

  14. Health Insurance Rate Increases

    From:  City Manager

    Recommendation:  Adopt two Resolutions authorizing rate increases for the Kaiser Foundation Health Plan and Health Net Health Plans for City employees, effective January 1, 2002.

    Contact:  Ron Brown, Human Resources, 981-6805

    Action:  Adopted Resolution Nos. 61,388–N.S. and 61,389-N.S.

     

  15. Contract:  Downtown Public Improvements Project

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Bauman Landscape, Inc. for the Downtown Public Improvements Project to increase the amount by $150,000 for a total not to exceed $2,181,700 for the period December 31, 2001 through March 31, 2002.

    Contact:  Rene Cardinaux, Public Works, 981-6300   

    Action:  Adopted Resolution No.  61,390–N.S.

     

  16. Contract:  Homelessness Prevention Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Eden Council for Hope and Opportunity, Inc. by increasing the contract in an amount not to exceed $50,000 for continuing operation of the Homelessness Prevention Program.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,391–N.S.

     

  17. Housing Authority Section 108 Loan

    From:  City Manager

    Recommendation:  Adopt a Resolution approving a Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program application for the Berkeley Housing Authority in the amount of $1,400,000 and authorizing the use of current and future Community Development Block Grant (CDBG) funds as ultimate security to participate in the Section 108 Program.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No.  61,392–N.S.

     

  18. Grant:  Ohlone Park West Playground

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to submit an application for $50,000 in Park Playground Accessibility and Recycling Grant Program funds from the California Integrated Waste Management Board FY 2001/2002 and executing any resultant agreement and amendments for safety and accessibility upgrades to Ohlone Park West school-age playground.

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

    Action:  Adopted Resolution No. 61,393–N.S.

     

  19. Excuse Mayor Dean from January 22, 2002 Council Meeting

    From:  Mayor Dean

    Recommendation:  Excuse Mayor Dean from attending the January 22, 2002 Council meeting due to her participation in the U.S. Conference of Mayors Winter Meeting in Washington D.C. and New York City.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  20. Parking in Downtown

    From:  Councilmember Spring

    Recommendation:  Adopt a policy (separate from the General Plan) that will not reduce public parking spaces, except those temporarily needed for construction/bike lane projects, in the downtown area, until the former “Hinks” parking garage on Kittredge Street is operational after construction of the Library Gardens housing project; and request the City Manager study the feasibility of continuing the parking mitigations even after the Kittredge Street garage is returned to operation.

    Contact:  Dona Spring, Councilmember District 4, 644-6266
    Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Hawley, Olds, Dean) to approve  recommendation included as part of the main motion on amendments to the Transportation Element of the General Plan. 
     

  21. Affordable Housing:  Height Limits and Density Bonuses

    From:  Councilmember Spring

    Recommendation:  Refer a proposal to change height limits and density bonuses to support affordable housing to the Housing Advisory Commission and the Planning Commission.

    Contact:  Dona Spring, Councilmember District 4, 644-6266

    Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Hawley, Olds, Dean) to approve recommendation included in the main motion on amendments to the Housing Element of the General Plan.  

     

  22. Support Community Services Block Grant Allocation Increase

    From:  Human Welfare and Community Action Commission

    Recommendation:  Direct the City Manager to write to Assemblymember Dion Aroner supporting the California/Nevada Community Action Association (CAL/NEVA) proposal to increase the Community Services Block Grant (CSBG) allocation to minimum funded agencies.

    Contact:  Marianne Graham, Secretary, 981-5416

    a.            City Manager Report

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

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Approved recommendation.

Presentations

  1. Parking Meter Operations (to be delivered)

    a.            City Manager Information Report

    Contact:  Phil Kamlarz, Deputy City Manager, 981-7000; Fran David, Finance, 981-7300

    Action:  Heard presentation.  Moved, seconded, carried (Armstrong/Olds; Absent – Worthington) to direct the City Manager to begin working on strategies as described in the report under B and C, including issuance of more than one citation and removal of meters at selected locations, and to come back with a report to Council in January.
     

  2. Telecommunications Report:  Findings and Recommendations

    From:  Task Force on Telecommunications

    Recommendation:  That the Task Force present findings and recommendations to Council.

    Contact:  Roger Miller, Secretary, 981-7009
    From:  City Manager

    Recommendation:  1)  That Council receive this report entitled the Telecommunications Report:  Findings and Recommendation from the Task Force on Telecommunications.   2)  That Council defers action on this report until the City Manager’s Office evaluates the Task Force recommendations and develops an Action Plan including costs and a timetable for implementation of the recommendations wherever possible.  3)  That any new costs associated with this implementation are to be referred to the City’s budget process.  4)  Authorize the City Manager to enter a process with AT&T to correct any deficiencies in the current franchise.

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

    Action:  Presentation to be rescheduled to a future meeting and direction to staff to present a report to Council for authority to extend the Task Force.

Public Hearings

  1. Extend Residential Permit Parking

    From:  City Manager

    Recommendation:   Conduct a public hearing and, upon conclusion, adopt a Resolution amending Section 25N of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on both sides of Hearst Avenue between Sacramento Street and Short Street, and on both sides of Franklin Street between Hearst Avenue and Delaware Street (see Attachment A insert); and authorizing the use of $600 from the operating budget of the Public Works Department to cover implementation costs.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    a.             Communications:

                    1.  Marcia Schwartz

                    2.  Rauly Butler

                    3.  Frederick Goode

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

     

    Public Testimony:  The Mayor opened the public hearing.  No speakers.  Moved, seconded, carried (Maio/Worthington) to close the public hearing.

     

    Actions:  Moved, seconded, carried (Maio/Worthington) to adopt Resolution No. 61,394-N.S. 

     

  2. Zoning Appeal of Use Permit 00-20000216 - 762 Ensenada Avenue
    a.          Appeal filed by 1) Cheryl and Bernard Hooper, 2) Susun Kim and Agustin Fernandez, and Mei-Ling Pastor, Conservator of Ruby Choy,
    of the Zoning Adjustments Board decision of August 9, 2001, which affirmed approval of a use permit to construct a 1,200 square foot third floor addition to the existing single-family residence at 762 Ensenada Avenue.

    Contact:  Sherry M. Kelly, City Clerk, 981-6900

    b.          City Manager Report dated December 18, 2001

    Recommendation:  Conduct a public hearing and upon conclusion, waive Council rules to vote on the project the same night, and direct staff to report back with an appropriate resolution.

    Contact:  Carol Barrett, Planning and Development, 705-8102

    c.          City Manager Report dated November 13, 2001
    Recommendation: 
    Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve the project and dismissing the appeal.

    Contact:  Carol Barrett, Planning and Development, 705-8102

    d.          Communications from 11/13 and 12/18

    1. Karen Schein and Gary Carson

    2. Mei-Ling Choy Pastor

    3. Peter Bilbao

    4. Peter Selz

    5. Peter Hayes

    6. Victor Herbert, Berkeley Dispute Resolution Services

    7. Carole Schemmerling

    8. Nancy Galloway and Andrew Morse

    9. Cheryl Hooper

    10. Laurie Nilles

    11. Manuel Pastor

    12. Steve Bartmasser

    Contact:  Sherry Kelly, City Clerk, 981-6900

     

    Public Testimony:  The Mayor opened the public hearing.  18 speakers.  Moved, seconded, carried (Olds/Maio) to close the public hearing.

     

    Actions:  Moved, seconded, carried (Armstrong/Hawley; Noes – Maio, Olds, Spring) to adopt Resolution No. 61,395-N.S. affirming the decision of the Zoning Adjustments Board, accepting the findings of the ZAB, and dismissing the appeal.

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.

   

Action Reports

 

Priority

  1. General Plan Adoption – Land Use, Transportation, and Housing Elements (to be delivered)

    Recommendation: Adopt four Resolutions certifying the Environmental Impact Report and approving the Draft General Plan for Housing, Land Use, and Transportation Elements.

    Contact:  Carol Barrett, Planning and Development, 705-8102
     

    Actions:  Moved, seconded, carried (Maio/Breland; Abstain – Worthington) to adopt Resolution No. 61,396-N.S. certifying the Environmental Impact Report and adopting findings and mitigations.

     

    Moved, seconded, carried (Maio/Breland; Noes – Armstrong, Hawley, Olds, Dean) to adopt Resolution No. 61,397-N.S. adopting the draft General Plan Housing Element as amended by various motions noted below and repealing the 1990 Housing Element.

     

    Moved, seconded, carried (Worthington/Spring; Noes – Armstrong, Hawley, Olds, Dean) to adopt Resolution No. 61,398-N.S. adopting the draft General Plan Land Use Element as amended by various motions noted below and repealing the 1977 Master Plan Land Use Element.

     

    Moved, seconded, carried (Spring/Worthington; Noes – Armstrong, Hawley, Olds, Dean) to adopt Resolution No. 61,399-N.S. adopting the draft General Plan Transportation Element as amended by various motions noted below and repealing the 1977 Master Plan Transportation Element.

     

    Motions to amend various elements are noted below:

     

    Moved, seconded, failed (Hawley/Olds; Noes – Breland, Maio, Shirek, Spring, Worthington) a substitute motion to amend the draft Housing Element to include recommendations drafted by Mayor Dean and Councilmember Hawley and presented in written form for H-1A, H-41 and to accept recommendations proposed in written form by Councilmembers Maio and Spring.

     

    Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Hawley, Olds, Dean) a main motion to amend the draft Housing Element to include recommendations drafted by Councilmembers Maio and Spring and to also include recommendation by Councilmember Spring as stated in Agenda Item 21 and further amended by Councilmember Worthington to include the written recommendations proposed by Mayor Dean and Councilmember Hawley for H-1(D1-4 omitting wording of D), H-14A, H-19B, and H-44.
     

    Moved, seconded, failed (Armstrong/Hawley; Noes – Breland, Maio, Shirek, Spring, Worthington) a substitute motion to amend the draft Land Use and Transportation Elements to include recommendations drafted by Mayor Dean and Councilmember Hawley and presented in written form.

     

    Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Olds, Dean) a main motion to amend the draft Land Use Element to include recommendations drafted by Councilmembers Maio and Spring, and to also add to LU-17 as part of their recommendation wording to “mixed use center”, and further amended by Councilmember Worthington to include the written recommendations proposed by Mayor Dean and Councilmember Hawley for LU-3 (only adding the wording “architecturally and environmentally sensitive, embodies principles of sustainable planning and construction, and is”), LU-17C, LU-19(2), LU-20A (only adding the wording “and enhance Civic Center Park use and appearance”), LU-20E, LU-23, LU-32C, LU35, LU-36, and LU-44.

     

    The main motion also included adding T-35, Councilmember Spring’s Consent Item 20  regarding preservation of existing parking and Councilmember Spring’s proposed new policy regarding the location of parking in the downtown to be added as T-36.  These items were severed out of the main motion and voted on as follows:

     

    Carried (Noes – Armstrong, Hawley, Olds, Dean) to include T-35 as proposed by Councilembers Maio and Spring as an amendment to the draft Transportation Element.

     

    Carried (Noes – Armstrong, Hawley, Olds, Dean) to include Councilmember Spring’s proposal for a new policy to be called T-36 regarding the location of future parking as amendments to the draft Transportation Element and approval of Consent Item 20 establishing a policy “separate from the the General Plan” to preserve parking in the downtown until such time that the Hinks Garage project is complete.
     

    Moved, seconded, carried (Maio/Armstrong) to authorize staff to make corrections to typographical errors and factual information to the draft Housing and Land Use Elements.

     

    Moved, seconded, carried (Spring/Worthington; Noes – Armstrong, Hawley, Olds, Dean) to amend the draft Transportation Element to include recommendations drafted in written form by Councilmembers Maio and Spring with the exception of earlier versions of T-35 since the item has been revised and already adopted and to also authorize staff to make corrections to typographical errors and factual information to the draft Transportation Element and to adopt the draft Transportation Element and rescind the 1977 Transportation Element.

     

  2. Meeting Notice Language Regarding Scented Products

    From:  Commission on Disability

    Recommendation:  Change the City’s language, appearing on City 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.”

    From:  Eric Dibner, Acting Secretary, 981-6342

    a.            City Manager Report

    Recommendation:  Change the language appearing on City meeting notices to say the following:  “Smoking is not allowed, and the City Council requests that people refrain from wearing scented products to the meeting.”

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Held over to the meeting of January 22, 2002 by the City Manager.

     

  3. Loan Agreement:   Disabled Senior Housing – 1242 Josephine Street (to be delivered)

    From:  City Manager

    Recommendation:  Adopt a Resolution:  a) authorizing the expenditure of Housing Trust Funds in the amount of $ 415,000 for the acquisition of 1242 Josephine Street and 1811 Berryman for disabled, senior housing; b) authorizing a loan agreement in an amount not to exceed $415,000 with the Northern California Land Trust; c) assigning the purchase of the property to the Northern California Land Trust as the designated developer; and d) authorizing the City Manager or his designees to execute all documents relative to the purchase, assignment and close of escrow of this property.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Withdrawn by the City Manager.

     

  4. Contract:  Housing Facility for the Severely Mentally Disabled - 1741-1743 Russell Street (to be delivered)

    From:  City Manager

    Recommendation:  Adopt a Resolution: a) authorizing a contract and any amendments  in the amount of $222,005, and an advance payment of $108,990, utilizing State AB 2034 funding, between the City of Berkeley, Mental Health Division and the Berkeley Emergency Food and Housing Project for the operation of the Russell Street Residence, a licensed Board and Care facility located at 1741-43 Russell Street for the period July 1, 2001 through June 30, 2002; b) authorizing a Memorandum of Understanding between these parties for the joint planning and provision of clinical and related services to the residents of these properties; c) authorizing  Housing Trust Funds/General Funds in an amount not to exceed $48,000 for potential relocation costs of current project residents associated with the transfer of operations of this facility; d) authorizing a contract and any amendments with Suzanne Sullivan, Relocation Consultant, in an amount not to exceed $48,000 for purposes of providing relocation services to affected residents of these properties.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No.  61,400–N.S.

     

  5. Boycott of Charles Krug Winery

    From:  Peace and Justice Commission

    Recommendation:  Adopt a Resolution joining in the United Food and Commercial Workers Union’s boycott of wines produced by Charles Krug Winery, and directing all City staff not to purchase Charles Krug Winery products with City funds for any purpose until the United Food and Commercial Workers Union ends its call for a boycott; and donating $100 to the United Food and Commercial Workers Union for support of the 43 families whose incomes have been cut off by the lockout.

    Contact:  Manuel Hector, Secretary, 981-5110
     
        

    a.         City Manager Report

    Recommendation:  The City Manager takes no position on the recommendation of the Commission to join in the boycott of Charles Krug Winery. The Council should not approve the donation of $100 as it is not appropriate to allocate public funds for political activities.

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

    Action:  Moved to the Consent Calendar by Councilmember Worthington and approved adopting Resolution No. 61,401-N.S. joining in the boycott but deleting reference to a donation. (Abstain – Armstrong, Hawley, Olds)

Information Reports

  1. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

    Action:  Received and filed.

     

  2. Investments:  Quarter Ending September 30, 2001

    From:  City Manager

    Contact:  Fran David, Finance, 981-7300

    Action:  Received and filed.

     

  3. Notice of Decision:  2200 Shattuck Avenue (Hink’s Building/Shattuck Hotel)

    From:  City Manager

    Contract:  Carol Barrett, Planning, 705-8101

    Action:  Received and filed.

     

  4. Berkeley High School Students Peace Rally

    From:  Peace and Justice Commission

    Contact:  Manuel Hector, Secretary, 981-5110

    Action:  Received and filed.

Communications

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

  1. Regarding the Afghanistan Resolution:

     

    Mark Weaver, Andrew Bishop.

     

  2. Robbin Henderson, regarding the arts density bonus. Maio

     

  3. Ray Dobard, regarding back-up captioners. Dean

     

  4. L.A. Wood, regarding Public Hearing for BOSS, 711 Harrison, Ursula Sherman Village Project. Maio

     

  5. Stephen De Staebler, regarding Public Hearing on 762 Ensenada.

     

  6. Dianne Feinstein, regarding AIDS.

     

  7. Sharon Brown, regarding the school pass subsidy proposal.

     

  8. Howie Muir, regarding the Planning Department. Spring

     

  9. Sherry Zhang, regarding Falun Gong. Hawley, Dean

     

  10. Peter Dumont, regarding loan request. Dean

     

  11. Regarding the General Plan:

     

    Paul Andrade, Monica Wejolowska, Andrew Di Genova, David A. Coolidge, Pam Dahl, Kirstin Miller, Ann Sieck, Debby Graudenz & Stuart Kelman.

     

  12. Regarding Ed Roberts Campus:

     

    Jan Garrett, Marisa Lianggamphai, Kenneth Stein, Marc L. Krizack, Elizabeth H. White, Lawrence de Berry, Laurence Paradis, Paul Preston.

     

  13. Regarding Charles Krug Winery:

    a) Paul Kesler

     

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

 

Emergency Item - LBNL’s Tritiated Mixed Waste Treatment

  1. Councilmember Spring’s Emergency Agenda Item requesting the City Manager immediately write and fax a letter to LBNL and the Department of Toxics Substances Control expressing the City’s opposition to the restarting of the highly radioactive mixed waste treatment of the National Tritium Labeling Facility.

     

    Action:  Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Hawley, Maio, Olds, Shirek, Dean) to add the above item to the agenda as an emergency item under Brown Act Section 54954.2(b2) which requires a two-thirds vote to place the matter on the agenda.

     

  2. Leuren Moret

Item 26 – Zoning Appeal of Usse Permint 00-20000216 – 762 Ensenada Avenue

  1. Dean Gloster

  2. Peter Hayes

Item 27 – General Plan Supplemental Materials from City Manager

 

Communications for Item 27 - General Plan Adoption – Land Use, Transportation, and Housing Elements:  

  1. Clifford Fred (2 letters)

  2. Richard Register & Kirsten Miller

  3. Howie Muir (2 letters)

  4. Donald Schweter

  5. Susie Bluestone & Larry Bensky

  6. Merrill Collett

  7. Tim R. Arai & Carrie Adams

  8. Emerald Canary

  9. Sydney Mainster

  10. Miles Levinkind

  11. Kristina Shih

  12. Rachel Smith

  13. Joel Brozovsky

  14. Jessica Moll

  15. Janice L. Murphy

  16. Michael Katz

  17. Dan Rossi

  18. Stephen M. Wheeler

  19. Richard Register

  20. Cheryl Hooper

  21. Kirsten Miller

Item 31 – Boycott of Charles Krug Winery 

  1. Lauren Coodley

Adjournment

 

Action:  Moved, seconded, carried (Worthington/Maio) to suspend Council Rules to extend the meeting to complete the agenda.

 

Adjourned at 12:03 a.m.


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