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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, FEBRUARY 5, 2002
 

Preliminary Matters

 

Roll Call:  7:04 p.m.  Absent - Hawley

 

Ceremonial Matters: 

Recognition of Pedaling for Peace Participants

Action:  Presentation of Awards.

Comments from the City Manager: 

  1. Youth Commission Workshop on youth laws and rights to be held on February 7, 2002 at Berkeley High School from 10:30 a.m. to 12:00 p.m.

     

  2. Early Voting is currently underway in the Office of the City Clerk from 8:00 a.m. to 5:00 a.m. through February 22, 2002.  Contact the City Clerk at 981-6900 or Registrar of Voters at 663-8683 for more information.

     

  3. Americorp volunteers in conjunction with the Disaster Preparedness Coordinator are coordinating disaster prepardness efforts.  For more information please contact the Disaster Preparedness Coordinator at 883-5280.

     

  4. Introduction of Brian Quinn, programmer analyst, with the Information Technology Department. 

     

  5. Introduction of Peter Hillier, Assistant City Manager for the newly created Office of Transportation.

Comments from the Public:  20 speakers.

 

Youth Forum:  3 speakers.

  

Consent Calendar


Action: 
Moved, seconded, carried (Olds/Worthington; Absent-Hawley) 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. 61,435–N.S.
     

  2. Storm Sewer Easement Deed Agreement at Wildcat Canyon Road  (first reading 01/22/02 – Absent – Dean; second reading – Absent - Hawley)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance accepting an easement deed agreement for storm sewer drainage facilities, with Shlomo I. Rosenfeld and Ilana Rosenfeld at 632 Wildcat Canyon Road.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Ordinance No. 6677–N.S.  Effective March 7, 2002.

     

  3. Storm Sewer Easement Deed Agreement at Vistamont Avenue  (first reading 01/22/02 – Absent – Dean; second reading – Absent - Hawley)

    From:  City Manager

    Recommendation:  Adopt second reading of an Ordinance accepting an easement deed agreement for storm sewer drainage facilities, with Sarn Oliver and Mariko Smiley, Hiroshi Morimoto and Leba Morimoto and Mark Springer and Karen Michalka-Springer at 619, 621, and 623 Vistamont Avenue.

    Contact:  Rene Cardinaux, Public Works, 981-6300

    Action:  Adopted Ordinance No. 6678–N.S.  Effective March 7, 2002.

     

  4. Cost-of-Living Adjustment for Mayor and City Council Office Expense Accounts

    From:  City Manager

    Recommendation:   Adopt of Resolution providing annual cost of living adjustments to Mayor and City Council (D-13) office expense accounts, including allocations for non-personnel expenditures and rescinding Resolution No. 60,225–N.S.

    Contact:  Weldon Rucker, City Manager, 981-7000

    Action:  Adopted Resolution No. 61,436–N.S.

     

  5. Grant Application:  Housing Incentive Program

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the filing of a grant application for up to $1 million in federal surface transportation funds through the Metropolitan Transportation Commission’s Transportation for Livable Communities Housing Incentive Program (TLC/HIP); committing the City to the required 11.5% local match for the transportation-related project or projects to be funded; and stating assurances that the City will adhere to the TLC/HIP program goals and guidelines, including that funds be obligated to a project or projects by September 30, 2004.

    Contact:  Bill Lambert, Economic Development, 705-8180 and Carol Barrett, Planning and Development, 705-8102

    Action:  Adopted Resolution No. 61,437–N.S.

     

  6. Joint Winter Shelter – Oakland Army Base

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing a) a payment in the amount of $56,000 to the City of Oakland, Community and Economic Development Agency, representing the City’s pro-rata share of program expenses related to the Joint Winter Shelter Program at the Oakland Army Base; b) a payment in an amount not to exceed $12,280 to Operation Dignity for shuttle and relating staffing costs; and c) a payment in an amount not to exceed $11,000 to the Berkeley Emergency Food and Housing Project as the lead Berkeley agency handling referrals to the Joint Winter Shelter.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,438–N.S.

     

  7. Loan Agreement:  Improvements at 2425 California Street to Unity Gardens Housing Cooperative

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to: 1)  execute all documents necessary with Northern California Land Trust for transfer of title to improvements at 2425 California Street to Unity Gardens Housing Cooperative, including an amendment to the development loan agreement and a promissory note for $140,000 (value of the improvements) secured by a deed of trust on the property; 2) extend term to June 30, 2032 to coincide with the term of the private loan obtained by the Cooperative for the refinancing; 3) allocate funds to reimburse the cooperative for the title transfer tax and related fees in an amount not to exceed $6,000; and 4) commit the City to act as regulatory agency for the California Department of Real Estate.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution  No. 61,439 –N.S.

     

  8. Loan Agreement:  Improvements at 3011 Shattuck Avenue to Casa Buenos Amigos Housing Cooperative

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to:  1)  execute all documents necessary with Northern California Land Trust for transfer of title to improvements at 3011 Shattuck Avenue to Casa Buenos Amigos Cooperative, including an amendment to the development loan agreement and a promissory note for $94,500 (value of improvements) secured by a deed of trust on the property; and 2) extend term to April 30, 2032 to coincide with the term of the private loan obtained by the Cooperative for the refinancing; and 3) allocate funds to reimburse the cooperative for the title transfer tax and related fees not to exceed $3,000.

    Contact:  Stephen Barton, Housing, 981-5400

    Action:  Adopted Resolution No. 61,440–N.S.

     

  9. Public Works Operation Assistant

    From:  City Manager

    Recommendation:  Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to revise the salary range for the Public Works Operation Assistant classification retroactive to November 22, 1999.

    Contact:  Ron Brown, Human Resources, 981-6800

    Action:  Adopted Resolution No. 61,441–N.S.

     

  10. Compensation and Benefits for Unrepresented Fire Management Employees

    From:  City Manager

    Recommendation:  Adopt two Resolutions:  1) amending Resolution No. 59,841-N.S. (Classification and Salary Resolution for Unrepresented Employees) to provide and 8.16% cost of living adjustment to be effective January 7, 2001); and, 2) amending Resolution No. 60,777-N.S. (Unrepresented Employee Manual) to modify employees benefits of employees in Representation Unit A (Unrepresented Fire Management) retroactive to various dates set forth in this report.

    Contact:  Ron Brown, Human Resources, 981-6800

    Action:  Adopted Resolution No.  61,442–N.S. and Resolution No. 61,443-N.S.

     

  11. Contract:  Berkeley TRiP – FY 2001/2002

    From:  City Manager

    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Regents of the University of California to act as administrator for Berkeley TriP for FY 2001/2002.

    Contact:  Peter Hillier, Transportation, 981-7063

    Action:  Adopted Resolution No. 61,444–N.S. with a request by Councilmember Maio to receive budget information.

     

  12. Purchase Order:  Forensic Evidence Analysis

    From:  City Manager

    Recommendation:  Adopt a Resolution increasing a purchase order by $15,000 with Forensic Analytical for a total amount not to exceed $40,000 for evidence analysis.

    Contact:  D.E. Butler, Police, 981-5700

    Action:  Adopted Resolution No. 61,445–N.S.

     

  13. Purchase Order:  Police Uniforms and Supplies

    From:  City Manager

    Recommendation:  Adopt a Resolution increasing a purchase order for a total amount not to exceed $45,000 for the purchase of equipment and supplies from Bricker-Mincolla Uniforms.

    Contact:  D.E. Butler, Police, 981-5700

    Action:  Adopted Resolution No. 61,446–N.S.
     

  14. Confirming the Berkeley Pathway Network

    From:  Councilmember Olds

    Recommendation:  Approve the recommendations from the Berkeley Path Wanderers Association for the names and numbers of the Berkeley Path Network so that the publication of a new map of all the 136 pathways can proceed.  Contact:  Betty Olds, Councilmember District 6. 981-7160

    Action:  Approved recommendation.

     

  15. Support Americans for National Parks Guiding Principles and Join the Coalition as a Supporter

    From:  Councilmember Worthington

    Recommendation:  Support Americans for National Parks guiding principles and join the coalition as a supporter.

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

    Action:  Approved recommendation.

     

  16. Support the Closure of National Tritium Labeling Facility

    From:  Councilmember Worthington

    Recommendation:  Reaffirm Resolution 59,695A–N.S. adopted in September 15, 1998 and write letters to President Bush, Senators Boxer and Feinstein, Secretary of Energy Abraham, Congresswoman Barbara Lee, Governor Davis, Assemblywoman Aroner, Supervisor Carson, Mayor Jerry Brown, Oakland City Council and the Lawrence Berkeley National Laboratory (LBNL) informing them of the reaffirmation and enclosing a copy of the resolution; and 2) provide $15,000 to support a lawsuit, and an injunction to stop all oxidation/burning/treatment of tritium mixed waste immediately, to be filed by the Committee To Minimize Toxic Waste against the State of California Department of Toxic Substances Control (DTSC) for failure to require LBNL to do an Environmental Impact Report (EIR) under CEQA and an Environmental Impact Statement (EIS) under NEPA before they decided to allow LBNL to restart the waste treatability study which involves treatment by oxidation (burning) of tritium “mixed” waste; and 3) send a letter to the LBNL to discontinue future treatability testing on mixed wastes and to ship the remainder of the mixed wastes, equipment and funding to another Department of Energy (DOE) site that is in a less dense and seismically more stable location; and 4) add to the letter a request that LBNL,  when the decommissioning and decontamination of the National Tritium Labeling Facility (NTLF) is complete, never again involve radionuclides in a possible reuse of the NTLF and thus remove all future concerns for radioactive exposure to the public from research activities at the NTLF site.

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

     
    Actions:
      Removed from the Consent Calendar by Councilmember Maio.

     

    Item was revised by Councilmember Worthington, moved by Councilmember Worthington, seconded by Councilmember Spring, amended on the floor, severed and voted on as follows:

     

    Carried (Absent – Hawley) to reaffirm previously adopted resolutions in support of closure of the facility.

     

    Failed (Noes – Armstrong, Maio, Olds, Dean; Abstain – Shirek; Absent – Hawley) to refer to the City Manager and the budget process consideration of $15,000 to support a lawsuit, and an injunction to stop all oxidation/burning/treatment of tritium mixed waste immediately, to be filed by the Committee to Minimize Toxic Waste against DTSC for failure to require LBNL to do an EIR under CEQA and an EIS under NEPA before they decide to allow LBNL to restart the waste treatability study.

     

    Failed (Noes – Armstrong, Maio, Olds, Dean; Abstain – Shirek; Absent – Hawley) to send a letter to LBNL to discontinue future treatability testing on mixed wastes and to ship the remainder of the mixed wastes, equipment and funding to another DOE site that is in a less dense and seismically more stable location.

     

    Carried (Noes – Spring, Worthington; Abstain – Shirek; Absent – Hawley) to send a letter to LBNL to state that if the Lab should get permission to continue treatability testing from the DTSC the Lab should conduct the treatment quickly and safely and only on the remaining mixed wastes generated by the former NTLF. 

    Carried (Absent – Hawley) The Lab should commit in writing not to continue treatment of mixed wastes beyond a few months.

     

    Failed (Noes – Armstrong, Maio, Olds, Dean; Absent – Hawley)  to direct the City Manager to send a letter to Mr. Edwin Lowry, Director of DTSC, to a) place a hold on LBNL’s Waste Treatability Study, b) request LBNL do an EIR under CEQA and an EIS under NEPA, and c) to schedule an appointment for city and community representatives to discuss this matter with him.

     

    Failed (Noes – Armstrong, Olds; Abstain – Maio, Shirek, Dean; Absent – Hawley) to direct the City Manager to write a letter to Ms. Judith Vaitukaitis of the NIH to a) inform NIH of the City’s concern, that the one million dollars appropriated by NIH for the closure and cleanup of the NTLF may be misused or not used at all, because LBNL is continuing waste treatability study research at the NTLF, thus limiting the timely decommissioning and decontamination of the facility and dismantling of apparatus, and b) to ask NIH to take action ton insure that the waste treatability study research is halted and that the NIH directed cleanup funds will be appropriately used to close the NTLF.

     

    Carried (Absent – Hawley) that the Lab not become a treatability center for external waste.

     

    Carried (Absent – Hawley) request the Lab communicate in writing with the City about any future treatability studies of mixed waste that they plan to undertake.

     

    Carried (Absent – Hawley) that the City Manager send letters to all the appropriate government officials, federal authorities and lab personnel as referred to in the item and the motions informing them of the actions approved by the Council. 

     

  17. Reaffirm and Support Campaign for Access and Reproductive Equity (CARE 2000) to Repeal Hyde Amendment

    From:  Councilmember Worthington

    Recommendation:  Reaffirm and support the Campaign for Access and Reproductive Equity (CARE 2000) to repeal Hyde Amendment.

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

    Action:  Approved recommendation.

     

  18. Installation of Left Turn Signals at the Intersection of San Pablo and Ashby Avenue

    From:  Councilmembers Breland and Maio

    Recommendation:  Refer to the City Manager and Office of Transportation the installation of left turn signals at the collision-prone intersection of San Pablo and Ashby Avenue.

    Contact:  Margaret Breland, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

    Action:  Approved recommendation.

     

  19. Maintenance of the Olmstead Median Strip on Piedmont Avenue and Gayley Road

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager a proposal to post signs prohibiting all parking on the historic median strip on Piedmont Avenue and Gayley Road, and to impose and enforce appropriate financial penalties for violations.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Withdrawn by Mayor Dean to be revised and resubmitted for February 19, 2002.

     

  20. Support for the Workers at the Claremont Resort and Spa in Their Efforts to Unionize Spa Workers and to Maintain Salaries and Benefits of Already-Unionized Workers

    From:  Mayor Dean

    Recommendation:  Adopt a Resolution supporting the efforts of the workers at the Claremont Resort and Spa to unionize spa workers, to maintain salaries and benefits for already-unionized workers, to be free to undertake union activities without fear of reprisal, and to secure the reinstatement of four recently-suspended employees who were exercising their legal right to organize; and ask the City Clerk to forward the resolution to the Hotel Employees & Restaurant Employees Union Local 2850, AFL-CIO (HERE Local 2850) and to the President and Manager of the Claremont.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Items 20 and 21 were revised and adopted as one action. Adopted Resolution No.  61,447–N.S. as revised by Mayor Dean and Councilmembers Maio, Shirek, and Worthington and as shown above.

     

  21. Unionization Effort of the Claremont Spa and Salon Workers

    From:  Councilmembers Maio, Shirek, and Worthington

    Recommendation:  Adopt a Resolution supporting the efforts of the Claremont Resort Spa and Salon workers to unionize.

    Contact:  Linda Maio, Councilmember District 1, 981-7111; Maudelle Shirek, Councilmember District 3, 981-7130; Kriss Worthington, Councilmember District 7, 981-7170

    Action:  Items 20 and 21 were revised and adopted as one action. Adopted Resolution No.  61,447–N.S. as revised by Mayor Dean and Councilmembers Maio, Shirek, and Worthington .

     

  22. Use of Consular ID Cards as Official Identification

    From:  Mayor Dean

    Recommendation:  Request that the City Manager evaluate the use of consular I.D. cards as official identification in the City of Berkeley and report back to Council.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  23. Oppose the Timber Harvest Plan for the Allen Creek Grove of the Headwaters Forest

    From:  Councilmember Maio and Shirek

    Recommendation:  Adopt a Resolution opposing the Timber Harvest Plan recently submitted by Maxxam Corporation and send letters urging Governor Davis and the California Department of Forestry to deny Maxxam’s plan and request, and to take whatever steps may be necessary to prevent further harvesting of our ancient redwood forests.

    Contact:  Linda Maio, Councilmember District 1, 981-7111; Maudelle Shirek, Councilmember District 3, 981-7130

    Action:  Adopted Resolution No. 61,448–N.S.

     

  24. Use of $500,000 COPS (Citizen's Option for Public Safety) Program Funds Set Aside for Youth Recreation and Service

    From:  Mayor Dean

    Recommendation:  Refer to the City Manager using the $500,000 in COPS funds that have been set aside for youth recreation and services in already existing teen center facilities, such as in the Martin Luther King Jr. Youth Center, the South Berkeley YMCA, James Kenney Recreation Center, Berkeley Youth Alternatives, and the Berkeley High Campus and Downtown YMCA as well as other facilities and programs that serve teens from south and west Berkeley.  The Manager is requested to return with a recommendation regarding using the funds in an existing center/program, using the funds for capital needs as opposed to operating funds, and a process to determine how the funds should be allocated, including obtaining public comment on any proposals, with the objective of encumbering the funds by the State deadline of June 30, 2002.

    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Worthington/Breland) to refer the item to the City Manager and to the Council Subcommittee with a request that the City Manager come back with a timeline for submittal of any new proposals and decision-making to ensure the City meets the deadlines for encumbering State funds.

     

  25. Supporting the Campaign Americans for National Parks Sponsored by the National Parks Conservation Association

    From:  Mayor Dean

    Recommendation:  That the Council, on behalf of the City of Berkeley and as individual councilmembers, sign on as official sponsors of the campaign Americans for National Parks, sponsored by the National Parks Conservation Association, and, as requested by these groups, periodically support legislative efforts to maintain and preserve America’s 385 national park units.  The City Clerk is requested to forward the appropriate forms (attached) for the City, and individual councilmembers to forward their own forms.

    Contact:  Shirley Dean, Mayor, 981-7100

    Action:  Approved recommendation.

     

  26. Employee Housing at Golden Gate Fields

    From:  Waterfront Commission

    Recommendation:  Request the Housing and Planning Departments inspect employee housing at Golden Gate Fields and work with the California Horse Racing Board to establish housing standards at Golden Gate Fields.

    Contact:  Cliff Marchetti, Secretary, 644-6376 x224

    a.  City Manager Report

    Recommendation:  The City Manager concurs with the recommendation, as written, which limits the scope of staff involvement to assisting the Horse Racing Board in developing standards and conducting inspections, as necessary.

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

    Action:  Approved recommendations of the Commission and City Manager.

Presentation

  1. Presentation by East Bay Regional Park District regarding Measure K

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

    Action:  Presentation withdrawn.

Action Calendar

 

Old Business:

  1. Promoting Berkeley Businesses (held over by Olds from 11/27/01 and continued to 12/11/01, 1/22/01, and 2/5/02)

    From:  Councilmember Maio

    Recommendation:  Request the City Manager, working with Chamber and the Visitor’s Bureau, set up a website link directly from the City’s homepage to a list of Berkeley businesses that do internet commerce to assist supporters from across the country who wish to affirmatively patronize Berkeley businesses.

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

    Action:  Item revised by Councilmember Maio as follows: “Request the City Manager redesign the City’s website to place the link to Berkeley’s Chamber of Commerce business list directly on the “About Berkeley” screen, to better assist supporters from across the country who wish to affirmatively patronize Berkeley businesses.”  Moved to Consent Calendar by Councilmember Olds and approved recommendation.

     

  2. Reallocating Funds for North Shattuck Beautification  (held over from 1/15/02 by the City Manager and continued to 1/22/02 and 2/5/02)

    From:  Councilmember Spring

    Recommendation:  Adopt a Resolution reallocating $25,000 once intended for a mural art project in North Shattuck, to landscaping permanent barriers in North Shattuck area on Cedar Street at Milvia and Grant Streets.

    Contact:  Councilmember Spring, 981-7140

    Action:  Withdrawn by Councilmember Spring.

     

  3. Reject Inclusion of Anonymous Letters in Council Packet  (held over by Worthington from 1/15/02 and continued to 1/22/02 and 2/5/02)

    From:  Mayor Dean and Councilmember Olds

    Recommendation:  Adopt a policy that anonymous letters sent to the Council on any subject will not be included in the Council packet when it is published and distributed.

    Contact:  Shirley Dean, Mayor, 981-7100; Betty Olds, Councilmember District 6, 981-7160

    Action:  Held over to the meeting of February 26, 2002.

     

  4. Update on Bus Shelters (CF 215-00)   (Moved to Action by Hawley on 1/15/02 and held over to 2/5/02)

    From:  City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8101

    Action:  Held over to the meeting of February 26, 2002.

     

  5. Elimination of Auto-Related Uses on University Avenue (CF44-00) (Moved to Action by Spring on 1/15/02 and held over to 2/5/02)

    From: City Manager

    Contact:  Carol Barrett, Planning and Development, 705-8101

    Action:  Held over to the meeting of February 26, 2002.

     

  6. Fee Deferral Request for 1719 University Avenue  (Moved to Action by Worthington on 1/22/01 and held over to 2/5/02)

    From:  City Manager

    Contact:  Carol Barrett, Planning, 705-8105

    Action:   Moved, seconded, carried (Worthington/Breland; Abstain – Olds; Absent – Hawley) to approve City Manager’s recommendation to defer fees.  

     

  7. Fee Deferral Request for Expansion of Harrison House  (Moved to Action by  Worthington on 1/22/01 and held over to 2/5/02)

    From:  City Manager

    Contact:  Carol Barrett, Planning, 705-8105

    Action:  Moved, seconded, carried (Worthington/Breland; Abstain – Olds; Absent – Hawley) to approve City Manager’s recommendation to defer fees.

     

  8. Free Speech and Civil Liberties  (held over from 1/22/01 and continued to 2/5/02)

    From:  Peace and Justice Commission

    Recommendation: Send a letter to President George W. Bush regarding the hysteria that has swept the nation stifling open debate and eroding civil liberties; and send copies of the letter to various elected officials and news organizations.

    Contact:  Manuel Hector, Secretary, 981-5110

    a.  City Manager Report

    Recommendation:  That City staff work with the Peace and Justice Commission to develop a strategic advocacy approach for distributing policy recommendations that the Council endorses to the decision makers.

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

     

    Actions:  Moved, seconded (Worthington/Spring) a main motion to approve the recommendation of the Commission.

     

    Moved, seconded, carried (Maio/Armstrong; Noes – Worthington; Absent – Hawley) a substitute motion to ask the City Manager and Commission to work together to determine an effective method for communicating the City’s position regarding this issue and to also develop a strategic advocacy approach for distributing policy recommendations and to bring back to Council for approval the recommendation on this item and the strategy for future policy recommendations within one month.

     

  9. Request to Question Named Individuals  (held over from 1/22/01 and continued to 2/5/02)

    From:  Peace and Justice Commission

    Recommendation:  Adopt a Resolution establishing a policy that the City will cooperate only with constitutionally valid requests from Attorney General John Ashcroft to question named individuals, and all actions by the Berkeley Police Department will remain in accord with Amendments 4-8 of the United States Constitution, the due process clauses of the California Constitution, and the United Nations Charter Article 55.

    Contact:  Manuel Hector, Secretary, 981-5110
     

    a.  From: Police Review Commission

    Recommendation:  That the Berkeley Police Department adopt a position of non-compliance with requests to interview and/or detain large groups of individuals absent individualized suspicion of their specific involvement in a specific crime.

    Contact:  Barbara Attard, Secretary, 644-6716

    b.  From: City Manager

    Recommendation:  That no action be taken on the recommendation of either Commission.  In December 2001, the Berkeley Police Department (BPD) received a letter from Attorney General John Ashcroft asking the Department to voluntarily interview two individuals.  BPD was also given discretion in the questions that were to be asked of these individuals.  BPD conducted a preliminary investigation and discovered that the two individuals no longer lived in Berkeley, and were therefore outside of BPD’s jurisdiction.  Nothing in the Attorney General’s request was unconstitutional.

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


    Actions:
      Moved, seconded (Worthington/Armstrong) a main motion to approve the recommendations of the Peace and Justice Commission and the Police Review Commission was severed as follows:

     

    Carried (Abstain – Olds; Absent – Hawley) approved recommendation of the Peace and Justice Commission and adopted Resolution No. 61,449-N.S., amended to eliminate reference to the Attorney General and indicate that the City will cooperate only with constitutionally valid requests from the federal government.

     

    Failed (Abstain – Armstrong, Maio, Olds, Dean;  Absent – Hawley) to approve recommendation of the Police Review Commission.

New Business:

  1. Public Safety Communications Tower

    From:  Councilmember Spring

    Recommendation:  Direct the City Manager to begin environmental review of two options for the relocation of the Public Safety Tower: 1) the recycling center option that utilizes the Transfer Station antenna system as well as one close to the Public Safety Building or 2) another preferred option is to erect two “flag pole” designed antennas which are more visually appropriate for Berkeley’s historic Civic Center and residential neighborhood.

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

    a.  City Manager Information Report  (to be delivered)

    Contact:  Rene Cardinaux, Public Works, 981-6300

       
    Action:
      Moved, seconded, carried (Spring/Maio; Noes – Armstrong, Olds; Absent-Hawley) that the Council is committed to finding an alternative and refer to the City Manager: 1) consideration of an alternative that includes the construction of two 110 foot towers  or a replacement with a monopole or monopoles on the current site with the understanding the replacement is under the following guidelines as recommended by Mayor Dean and listed below;  2) the City Manager is also free to consider other alternatives either already listed in the consultant’s report or as a result of new technology or as new ideas emerge as long as they meet the guidelines; and 3) that the Council agrees the financing can come from the sale of parking lots owned by the city already used for parking and listed in the EIR documents as mitigation for the Public Safety Building and also to be considered for financing is the salvage value of the tower that is taken down, and if there is any remaining balance, if any, must be referred to the budget process.   The guidelines as recommended by Mayor Dean are as follows:

    1. The recently activated tower should remain in service until the process to define an acceptable replacement tower is completed, and the financing is found and the alternative is placed in service with no gap in public safety commitment.

    2. The alternative must be equal to the activated tower in terms of public safety, including but not limited to the guidelines of being able to present a viable radio signal for the entire city, to be located on a site that is safe from seismic effects and prevents an acceptable degree of security and one that presents no interference with signals from other cities.

    3. Staging of construction must be considered in that activated tower must be fully operable until alternative is in place and functioning.

    4. If the city owned parking lots are to be sold to assist in the financing of the alternative there must be a plan to replace in another acceptable location the same amount of parking that would be removed from the sale of those lots. The objective being to replace parking.

    5. Stop beating up on the staff as we need their assistance to move forward to problem solve.

    6. There must be a review process that includes publicly noticed meetings and open forums for the public and include CEQA and commission review.

     

    The motion also included a request by Councilmember Spring that the City’s Health Department look at health risk by conducting an epidemiological study on the effects of electromagnetic radiation in the neighborhood compared with another neighborhood in the City.

Information Reports

  1. Early Voting for March 2002 Primary Election

    From:  City Manager

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

    Action:  Received and Filed.

     

  2. Formal Bid Solicitations and Request for Proposals

    From:  City Manager

    Contact:  Frances David, Finance, 981-7300

    Action:  Received and Filed.

     

  3. Status Report:  Eastshore State Park

    From:  City Manager

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

    Action:  Moved to Action by Councilmember Olds and held over to the meeting of February 26, 2002.

Communications

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

 

Page No.

  1. Regarding Ed Roberts Campus

    1. Ray Dobard  Dean

    2. Kenneth Stein
       

  2. Lauren Moret, regarding breast cancer  Breland
     

  3. Regarding 2323 Glen Avenue

    1. Janet Bryon  Spring

    2. Urban Creeks Council  Spring
       

  4. Regarding the General Plan

    1. Merrilie Mitchell  Dean

    2. Matthew Cowley

    3. Lynn Eve K. Fortin  Maio

    4. William Honachefsky
       

  5. Regarding Brothers Liquors

    1. Sam Herbert

    2. R. Walker
       

  6. Regarding NEQSS at UC Berkeley

    1. Lisa Pascopella  Maio, Spring, Worthington

    2. Mitch Cohen  Maio, Spring, Worthington

    3. Fredrica Drotos  Spring, Worthington
       

  7. Regarding Afghanistan resolution

    1. William Evans

    2. Leuren Moret
       

  8. Rev. Sandra Decker, regarding free speech and civil liberties
     

  9. Terry Cochrell, regarding Public Safety Building antenna tower
     

  10. Ray Dobard, regarding lack of heat in council chambers  Breland, Dean
     

  11. Eric Deam, regarding seismic safety and the UC stadium
     

  12. Anne Marselis, regarding recycling electrical equipment
     

  13. Bob Jacobsen, regarding request to question named individuals
     

  14. Patrick Kennedy, regarding 2700 San Pablo  Breland
     

  15. Peter DuMont, regarding Aquatic Park
     

  16. Leuren Moret, regarding Martin Luther King Jr. Week
     

  17. Jessica Bryan, regarding Berkeley Free Folk Festival
     

  18. Leuren Moret, regarding Arab Film Festival
     

  19. Helen Wheeler, regarding boards and commissions Dean, Maio, Worthington
     

  20. Jim Hall, regarding fireplace ordinance Olds
     

  21. Jason Meggs, regarding Berkeley Critical Mass  Worthington
     

  22. Ray Dobard, regarding conspiracy to deny civil rights  Dean
     

  23. Jason Meggs, regarding public pesticide hazards
     

  24. Kate Bernier, regarding the Public Safety Building tower  Spring, Dean
     

  25. Commission on Disability, regarding Taxi Ordinance revision  Breland, Worthington
     

  26. Jason Meggs, regarding bicycle citations on campus  Dean, Worthington

SUPPLEMENTAL COMMUNICATIONS AND AGENDA REPORTS

 
Support the Closure of National Tritium Labeling Facility

  1. Fern Burch

  2. Frank Koval

  3. Leuren Moret

  4. Lori Staley

Installation of Left Turn Signals at the Intersection of San Pablo and Ashby Avenue

  1. Joan Barnett, Dwight/Hillside Neighborhood Association

Maintenance of the Olmstead Median Strip on Piedmont Avenue and Gayley Road

  1. Andy Katz, ASUC City Affairs Lobby

Support for the Workers at the Claremont Resort and Spa in Their Efforts to Unionize Spa Workers and to Maintain Salaries and Benefits of Already-Unionized Workers 

  1. Revised Item #20 Consent Calendar

Claremont Spa and Salon Workers

  1. Peace and Justice Commission

Oppose the Timber Harvest Plan for the Allen Creek Grove of the Headwaters Forest

  1. Susan Werner

Fee Deferral Request for Expansion of Harrison House

  1. LA Wood

Public Safety Building Communications Tower

  1.  Bob Marsh

Adjournment

 

Actions:  Moved, seconded, carried (Maio/Spring;  Absent-Hawley) to extend meeting past 11:00 for discussion of essential agenda items.  Moved, seconded, carried (Spring/Worthington; Absent – Hawley) to suspend Council rules to extend meeting until 12: 15 a.m.

 

Adjourned at 12:15 in honor of Elsie Becker Rumford, widow of former Assemblymember Byron Rumford, Sr.


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