SUMMARY
  

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, NOVEMBER 13, 2001
 

Roll Call:   7:02 p.m.; All present.

Ceremonial Matters:  Proclamation honoring Berkeley City Ballet and proclaiming November

 2001 Berkeley City Ballet Month.

Action:  Proclamation received.

Comments from the City Manager: 

Civic Center Building Design Award received from the East Bay American Institute of Architecture.

Great American Smoke Out is November 15^th.  Events in Civic Center Park from 8am to 5pm.

Berkeley Artisans Holiday Open Studios from 11am to 5pm on November 24 & 25; December 1 &2; December 8 & 9, and December 15 & 16.

Comments from the Public: 10 Speakers 

Youth Forum:  None  

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

1. Restrict Code Violations as Grounds for Eviction (CF112-01) (first reading 10/30/01 – Absent- Breland; second reading – Unanimous)
   From:  City Manager
   Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) section 1.26.010, to provide that the declaration that all ordinances violations constitute public nuisances in not intended to define the term “nuisance” for purposes of Code of Civil Procedure section 1161(4) for purposes of restricting code violations as grounds for eviction.
   Contacts:  Manuela Albuquerque, City Attorney, 981-6950;  Stephen Barton, Housing, 981-5400
   Action:  Adopted second reading of Ordinance No. 6660-N.S.  Effective:  December 13, 2001.
    

2. Lease:  1013 Pardee #105 (first reading 10/30/01 – 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 Asia Young Fountain Group, Inc., for a three-year lease, from September 1, 2001 through August 31, 2004, at the rate of $9,219 per month, or $331,884 for the term of the lease, for space at 1013 Pardee #105, to be used for the storage of trucks, emergency supplies and equipment.
   Contact:  Reginald Garcia, Fire, 981-3473
   Action:  Adopted second reading of Ordinance No. 6661-N.S.  Effective:  December 13, 2001.
    

3. Lease:  2809 Telegraph Avenue (first reading 10/30/01 – Absent- Breland; second reading - Unanimous)
   From:  City Manager
   Recommendation:  Adopt an Ordinance authorizing the City Manager to execute a five-year lease and maintenance agreement with Phil O‘Hay for real property located at 2809 Telegraph Avenue in an amount not to exceed $400,000 for the period December 15, 2001 through December 14, 2006, to provide additional office space for the Department of Health and Human Services, Mental Health Division.
   Contact:  Fred Medrano, Health & Human Services, 981-5100
   Action:  Adopted second reading of Ordinance No.  6662-N.S.  Effective:  December 13, 2001.
    

4. 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, 981-690
   Action:  Adopted Resolution No.  61,326-N.S.
    

5. Minutes for Approval
   From:  City Manager
   Recommendation:  Approve the minutes for Council meetings of October 30, 2001 (regular).
   Contact: Sherry M. Kelly, City Clerk, 981-6900
   Action:  Removed from the Consent Calendar by Mayor Dean.  Held over to December 11, 2001.
    

6. Purchase Order:  Two Trucks
   From:  City Manager
   Recommendation:  Adopt a Resolution authorizing the purchase of two trucks with wood chip dump bodies from Pacific Utility Equipment Company in an amount not to exceed $114,000, from the equipment replacement fund.
   Contact:  Rene Cardinaux, Public Works, 981-6300
   Action:  Adopted Resolution No. 61,327-N.S.
    

7. Purchase Orders:  Electrical Equipment and Supplies
   From: City Manager
   Recommendation:   Adopt a Resolution increasing Purchase Orders with Graybar Electric Company, Inc. for purchase of electrical equipment and supplies, for ongoing e maintenance services and special improvement projects, by $82,518.37 in an amount not to exceed $107,518.37 for the period July 1, 2000 through June 30, 2001.
   Contact:  Rene Cardinaux, Public Works, 981-6300
   Action:  Adopted Resolution No.  61,328-N.S.
    

8. Purchase Order:  Temporary Services with TAC
   From:  City Manager
   Recommendation:  Adopt a Resolution increasing Purchase Orders with TAC Temporary Services, for temporary personnel services in the Public Works Department by $62,438 for a total amount not exceed $87,438 for the period July 1, 2000 through June 30, 2001.
   Rene Cardinaux, Public Works, 981-6300
   Action:  Adopted Resolution No.  61,329-N.S.
    

9. Memorandum of Understanding:  Berkeley Police Association
   From:  City Manager
   Recommendation:  Adopt two Resolutions and first reading of an Ordinance:  1) approving a new six-year Memorandum of Understanding (MOU)with the Berkeley Police Association with a term of July 8, 2001 through June 30, 2007 and authorize the City Manager to execute and implement the new labor agreement that includes a salary adjustment retroactive to July 8, 2001; 2) approving a new salary resolution for Representation Units E and F that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 59,506-N.S.; and 3) adopt first reading of an Ordinance implementing the amendment to the City’s contract with CalPERS to provide the 3% at Age 50 Retirement Formula to take effect on June 30, 2002 and repealing Ordinance Nos. 6633-N.S. and 6649-N.S.
   Contact:  Ron Brown, Human Resources, 981-6800
   Action:  Adopted Resolution No. 61,330-N.S. and Resolution No. 61,331-N.S. and first reading of Ordinance.  Second reading November 27, 2001.
    

10. Purchase Order:  Temporary Services with Volt
    From:  City Manager
    Recommendation:  Adopt a Resolution increasing purchase orders with VOLT for temporary personnel services in the Public Works Department by $37,681 for a total amount not to exceed $62,681 for the period July 1, 2000 through June 30, 2001.
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Adopted Resolution No. 61,332 -N.S.
     

11. Settlement Agreement:  Bell v. City of Berkeley
    From:  City Manager
    Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 833059-8 entitled Roland Bell v. City of Berkeley in the amount of $20,000.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted Resolution No.  61,333-N.S.
     

12. West Berkeley Shellmound –Landmarks Designation
    From:  City Manager
    Recommendation:  Adopt a Resolution amending the landmarks designation of the West Berkeley Shellmound to delete the properties at 620 Hearst and 1916, 1920 and 1930 Second Street, in compliance with the writ of mandate issued by the Superior Court.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Adopted Resolution No. 61,334-N.S.
     

13. Final Map:  Tract 7258
    From:  City Manager
    Recommendation:  Adopt a Resolution approving Final Map of Tract 7258, conversion of an existing six-unit Tenancy-in-Common (TIC) project at 32 Domingo Avenue to six condominium units.
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Adopted Resolution No.  61,335-N.S.
     

14. Definition and Regulation of Smoke Shops
    From:  City Manager
    Recommendation:  1) Adopt first reading of an Ordinance amending the following Berkeley Municipal Code (BMC) sections:  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 require a use permit for smoke shops, to add a new definition of smoke shop to Subtitle 23F, and to repeal the portion of Section 23E.56.030 dealing with Tobacco Products and associated merchandise; and 2) direct staff to research and report back on various options to address issues relating to youth and tobacco, pursuant to the Zoning Amendment Prioritization described in the report.
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Removed from the Consent Calendar by Councilmember Spring.  Moved, seconded, carried (Spring/Maio) to: 1) to direct staff to research and report back within six months with a progress report on options to address issues relating to youth and tobacco including licensure of tobacco retailers and 2 ) to hold over adoption of the ordinance until November 27, 2001 to allow staff to revise the ordinance and report to include a prohibition on smoke shops within 1400 feet of a school or public park.
     

15. Contract: Mills Act - 1841 Marin Avenue
    From:  City Manager
    Recommendation:  Adopt a Resolution establishing Mills Act Contract for 1841 Marin Avenue.
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Adopted Resolution No. 61,336-N.S.
     

16. Grant:  One Stop Career Center
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to accept a grant in the amount of $353,589 from the Alameda County Workforce Investment Board to fund the Berkeley Worksource One Stop Career Center for the period July 1, 2001 through June 30, 2002; and to execute the resultant agreement and any amendments.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Adopted Resolution No. 61,337-N.S.
     

17. Grant:  March of Dimes
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application in the amount of $100,000 to the Northern California Chapter of the March of Dimes to expand public health capacity to collect and analyze public health and census data and increase community awareness of the importance of low birth weight prevention, for the period January 1, 2002 through December 31, 2002; and to execute any resultant agreement and amendments.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Armstrong) to adopt Resolution No. 61,338-N.S.
     

18. Grant:  Educational Workshops for Families
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to submit a grant application in the amount of $10,000 to the California Women, Infant and Children (WIC) Association for a series of educational workshops for families receiving WIC services, for the period January 1, 2002 through December 31, 2002; and to execute any resultant agreement and amendments.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Adopted Resolution No. 61,339-N.S.
     

19. Grant:  Family Caregiver Support Program
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to 1) accept a grant in the amount of $32,400 from the Alameda County Area Agency on Aging for a Family Caregiver Support Program; 2) execute the resultant agreement and any amendments; and 3) execute contracts and any amendments with the Center for Independent Living and the City of Oakland’s Life Enrichment Agency Senior Companion Program, in amounts not to exceed $7,627 and $14,744, respectively, to provide outreach and support services for the Family Caregiver Support Program, for the period October 1, 2001 through June 30, 2002.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Adopted Resolution No. 61,340-N.S.
     

20. Bayer Housing Mitigation Funds for 2213 Byron Street (to be delivered)
    From:  City Manager
    Recommendation:  Adopt a Resolution a) authorizing use of Bayer Housing Mitigation funds in the amount of $391,326 for purposes of structural and related renovations to 2213 Byron Street; b) establishing a maintenance reserve fund in the amount of $32,384 utilizing the remaining balance of the Bayer Mitigation fund in the amount of $7,384 and reprogramming (on a one-time basis) $25,000 in operating funds allocated to the Women’s Daytime Drop-In Center in FY ’02; c) requiring the property be inspected annually; d) authorizing the City Manager to negotiate a 20 year lease with the Women’s Daytime Drop-In Center; and e) authorizing the City Manager to execute a contract with Carona Engineers, Inc. in the amount not to exceed $15,000 for purposes of providing structural drawings for the planned renovations.
    Contact:  Stephen Barton, Housing, 981-5400
    Actions:  Removed from the Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Maio/Olds) to adopt  Resolution No. 61,341-N.S.
     
    Moved, seconded, carried (Maio/Breland) to ask staff to work with the applicant for 2700 San Pablo Avenue to help make this a project work; to assist in including as many Section 8 residents as part of this project as possible to provide affordable housing; and to come up with ways to fund the gap. 
     

21. Energy Study Session
    From:  City Manager
    Recommendation:  Schedule a special Council meeting for an energy study session for November 27, 2001 from 5:00 p.m. to 6:30 p.m.
    Contact:  Stephen Barton, Housing, 981-5400
    Action:  Approved recommendation. Study Session scheduled for November 27, 2001 at 5:00 p.m.
     

22. Contract:  Laser Check Printers and Software
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement with FORMation mg Inc. for check laser printers, software and related services, for the period December 1, 2001 to December 31, 2005, for a total contract amount not to exceed $42,000.
    Contact:  Chris Mead, Information Systems, 981-6500
    Action:  Adopted Resolution No. 61,342-N.S.
     

23. Contract:  Internet Service
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments for enhanced Internet service at a rate of $43,500 per year for the period December 1, 2001 to December 1, 2004, plus $2,513 for installation, for a total contract amount not to exceed $133,013.
    Contact:  Chris Mead, Information Systems, 981-6500
    Action:  Adopted Resolution No. 61,343-N.S.
     

24. Temporary Traffic Calming Measures
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to install temporary, low-cost, traffic calming measures on roadways for a period not to exceed nine months allowing staff to fully evaluate the measures and make recommendation to the Transportation Commission and Council for revising, removing, or permanently installing the measures.
    Contact:  Rene Cardinaux, Public Works, 981-6300
     
    a.  From:  Transportation Commission
    Recommendation:  1) Approve the installation of temporary low-cost traffic calming measures on City roadways not to exceed nine months pending staff evaluation of such temporary measures and a recommendation to the Transportation Commission and City Council for revision, removal or permanent installation of such measures; and 2) incorporate the following considerations into the procedures for installing temporary traffic calming devices:  a) the list of temporary traffic devices shall not include speed humps or vertical deflection devices; b) the Transportation Commission shall be noticed regarding all temporary installations following staff consultation with affected neighbors and merchants; c) if the temporary measures are not approved by the Transportation Commission for permanent installation, the temporary devices shall be removed; and d) temporary devices shall not be retained beyond the nine month trial period unless otherwise approved by the Transportation Commission.
    Contact:  Karen Haney-Owens, Secretary, 705-8137
    Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Breland; Abstain – Armstrong) to approve the recommendations of the City Manager and the Transportation Commission amended by Councilemember Hawley to revise the wording of recommendation (d) of the Commission to read “ temporary devices shall not be retained beyond the nine month trial period unless reviewed by the Transporation Commission and the Public Works Commission and approved by the City Council.” Adopted Resolution No.  61,344-N.S.  (Councilmember Armstrong asked the record indicate she supported traffic calming but could not support adding barriers.)
     

25. Contract: Holiday Marketing Campaign and Saturday Free Two-Hour Parking
    From:  Councilmembers Spring and Maio
    Recommendation:  Adopt a Resolution: 1) waiving competitive bidding process and authorizing the City Manager to contract with the Berkeley Convention/Visitors Bureau to process a grant of $25,000 in funding for a citywide holiday advertising effort; 2) directing staff to assist in providing free two-hour parking on Saturdays in December in commercial districts; and 3) referring an additional request for $25,000 to the midyear budget process.
    Contact:  Dona Spring, Councilmember District 4, 981-7140; Linda Maio, Councilmember District 1, 981-7110
    Action:  Removed from the Consent Calendar by Mayor Dean.  Moved, seconded, carried (Spring/Maio) to adopt Resolution No. 61,345-N.S.
     

26. Presentation:  Parent Coalition
    From:  Councilmember Breland
    Recommendation:  Allow members of the group, Parent Coalition for Equity and Excellence in Our Schools, to give a presentation at a future Council meeting.  The presentation to be no longer than fifteen minutes.
    Contact:  Margaret Breland, Councilmember District 2, 981-7120
    Action:  Approved recommendation with a request by Mayor Dean that the School Superintendent and Principal be included in the presentation and to extend the presentation another 5 to 10 minutes.
     

27. Stop Cancer Where It Starts Commitment
    From:  Councilmember Worthington
    Recommendation:  Adopt a Resolution reaffirming and revising the City’s commitment to “Stop Cancer Where It Starts”.
    Contact:  Kriss Worthington, Councilmember District 7, 981-7170
    Action:  Removed from the Consent Calendar by Councilmember Armstrong.  Moved, seconded, carried (Worthington/Spring; Noes – Armstrong) to adopt Resolution No. 61,346-N.S. revised by Councilmember Worthington to remove wording in the resolution that says “cancers cannot generally be cured”
     

28. Bond Measure:  Renewable Energy
    From:  Councilmember Spring
    Recommendation:  Refer to the City Manager and the Energy Commission the consideration of placing a municipal bond measure on the November 2002 ballot for funding municipal and residential solar, wind and alternative renewable energy generation technology.
    Contact:  Dona Spring, Councilmember District 4, 981-7140
    Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Spring/Worthington) to approve the referral and also include discussion at a future energy study session.
     

29. Promoting Berkeley Businesses (to be delivered)
    From:  Councilmember Maio
    Recommendation:  Request the City Manager, working with the Chamber and the Visitor’s Bureau, set up a website link directly from the City’s main homepage to a list of Berkeley businesses that do internet commerce because supporters from across the country have asked how they can help patronize Berkeley businesses; and that the Council formally ask the Mayor to remove any mention of a boycott from her website, and that in future press interviews she emphasize the strength and uniqueness of Berkeley’s businesses which continue to enjoy a strong regional draw.
    Contact:  Linda Maio, Councilmember District 1, 981-7110
    Action:  Revised by Councilmember Maio to remove the portion regarding asking the Mayor to remove information from her website and comments on press interviews.  Councilmember Maio also asked that her revised item be held over to December 11, 2001.
     

30. Disaster Preparedness
    From:  Mayor Dean
    Recommendation:  1) Request the City Manager, the Disaster Council and the Fire Safety Commission review and update the Disaster Preparedness Plan to include responding to acts of terrorism of any kind, to consider among the many issues:  a) the Fire and Police Departments as first responders; b) inclusion of the Health Department in the plan and as a first responder; c) multi-agency coordination, including other jurisdictions, in our preparedness efforts, not only other cities and Alameda County, but also East Bay Municipal Utility District (EBMUD), AC Transit, BART and utilities including telephone; d) development of a citywide alert system; 2) request the City Manager write our elected representatives advocating for the establishment of a Flexible Block Grant Program and requesting funds needed for the alert system, enhancing communication between jurisdictions and training, and also advising the Office of Homeland Security (OHS); 3) request the City Manager explore immediate training opportunities through the Federal Emergency Management Agency (FEMA) and the Department of Justice; 4) schedule a special public presentation for staff, members of the Council and Commissioners of the videotaped testimony provided to the U.S. Conference of Mayors regarding bioterrorism; and 5) request the City Manager evaluate Senator Harry Reid’s bill on economic recovery/stimulation and take appropriate action in concert with our elected federal representatives and our Washington lobbyist.
    Contact:  Shirley Dean, Mayor, 981-7100
    Action:  Removed from the Consent Calendar by Councilmember Worthington.  Moved, seconded, carried (Worthington/Maio) to approve the recommendation amended by Councilmember Armstrong to also include involvement by Alta Bates under 1(c).
     

31. Privatization of Social Security
    From:  Commission on Aging
    Recommendation:  Send a letter to President George W. Bush opposing the privatization of Social Security with copies to Vice-President Richard Cheney, Representatives Barbara Lee, Richard Gebhardt and Dennis Hastert, and Senators Dianne Feinstein and Barbara Boxer.
    Contact:  Lisa Ploss, Secretary, 644-6050
    a.  From:  City Manager
    Recommendation:  The City Manager takes no position.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  Approved recommendation.

Appeals:

Reports and communications related to public hearings that were distributed to Council when

the issue was first heard are not included.  However, new material has been noted with an *.

34. Minutes for Approval (held over by Councilmember Spring from 10/30/01)
    From:  City Manager
    Recommendation:  Approve the minutes for Council meetings of October 9, 2001 (regular);
    Contact: Sherry M. Kelly, City Clerk, 981-6900
    Action:  Moved the Consent Calendar by Mayor Dean.
     

35. Contract:  Emergency Housing (held over by Councilmember Maio from 10/30/01)
    From:  City Manager
    Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract in an amount not to exceed $100,000 with the Flamingo Motel to provide emergency housing for individuals who are homeless and seriously mentally disabled for the period July 1, 2001 through June 30, 2002.
    Contact:  Fred Medrano, Health & Human Services, 981-5100
    Action:  Moved, seconded, carried (Spring/Breland) the revised recommendation to execute a contract in an amount not to exceed $175,000 and adopted Resolution No.  61,348-N.S.
     

36. Effect of Referendum on Redistricting Ordinance; Possible related Charter Amendments (held over from 10/30/01)
    From:  City Manager
    Recommendation:   Hold a discussion on effect of referendum on redistricting ordinance (plan) and possible related charter amendments.  If Council decides to place any charter amendments on the March 5, 2002 ballot, provide the City Attorney with direction to prepare the appropriate charter amendment language for Council approval at the meeting of November 13^th.
    Contacts:  Sherry Kelly, City Clerk, 981-6900; Manuela Albquerque, City Attorney, 981-6950
     
    Actions:  Items 36 and 37 were discussed and acted on jointly.  Moved, seconded, (Hawley/Armstrong) a main motion to refer to the City Manager a request for ballot measure language to be placed on the March 2002 ballot that would extend the date that Council would have to complete the 2000 and future redistricting to allow for review and correction of census figures.
     
    Moved, seconded, carried (Spring/Maio; Noes –Armstrong, Hawley, Olds, Dean) a substitute motion to have the Council study, working with staff, a review of charter language for changing the date of redistricting after the first of the year and to consider a ballot measure for November 2002.
     

37. Charter Amendment:  Effective Date of Redistricting (held over by Vice Mayor Shirek from 10/30/01)
    From:  Mayor Dean
    Recommendation:  Request the City Manager develop a charter amendment providing that redistricting occur at a date after adjustments to the census count, if any, have been received, with elections from the new districts to be held at the next general election following this revised redistricting process; the amendment to be placed on the March 2002 ballot and worded such that, if approved by the voters, the charter amendment becomes effective immediately, and all current redistricting plans are voided, and old council districts remain in effect while new redistricting process takes place.
    Contact:  Shirley Dean, Mayor, 981-7100
     
    Actions:  Items 36 and 37 were discussed and acted on jointly.  Moved, seconded, (Hawley/Armstrong) a main motion to refer to the City Manager a request for ballot measure language to be placed on the March 2002 ballot that would extend the date that Council would have to complete the 2000 and future redistricting to allow for review and correction of census figures.
     
    Moved, seconded, carried (Spring/Maio; Noes –Armstrong, Hawley, Olds, Dean) a substitute motion to have the Council study, working with staff, a review of charter language for changing the date of redistricting after the first of the year and to consider a ballot measure for November 2002

New Business:

38. Voting Delegates:  Annual Congress of Cities
    From:  City Manager
    Recommendation:  Designate a voting delegate and alternate for the business meeting of the Annual Business Meeting of the National League of Cities Conference to be held on Saturday, December 8, 2001 at the Congress of Cities in Atlanta, Georgia, and direct the City Clerk to forward the names of the delegate and alternate to the NLC.
    Contact:  Sherry Kelly, City Clerk, 981-6900
    Action:  Moved to the Consent Calendar by Councilmember Worthington with the consensus that any councilmember wishing to attend will notify the City Clerk by the end of this week.
     

39. Revocation of Use Permit 7263 - Tune Up Masters, 1698 University Avenue
    From:  City Manager
    Recommendation:  Set the matter for a public hearing to consider revocation of or imposition of new conditions on Use Permit 7263 for noncompliance with the Use Permit including those imposed by Council Resolution No. 58,425-N.S.
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Moved to the Consent Calendar by Councilmember Maio to set the matter for a public hearing.
     

40. Ballot Measure: Clarification of Remaining “Development Rights” on Berkeley Waterfront (CR-111)
    From:  City Manager
    Recommendation:  Discuss the advice contained in the City Manager’s memo and direct staff as to whether to place a measure on the ballot that would explicitly give the City Council authority to adopt land use regulations that reduce the maximum development potential on the remaining privately owned land at the Berkeley Waterfront.
    Contact:  Manuela Albuquerque, City Attorney, 981-6950
    Action:  Withdrawn by the City Manager to come back January 22, 2002.
     

41. Eco-Pass for Commissioners
    From:  Commission on Aging
    Recommendation:  Direct the City Manager to include City of Berkeley Commissioners in the Eco-Pass Program as eligible to receive an Eco-Pass with unlimited use on BART and AC Transit if the Eco-Pass Program is approved for all City employees.
    Contact:  Lisa Ploss, Secretary, 644-6050
    a.  From:  City Manager
    Recommendation:  The City Manager disagrees with the recommendation of the Commission.  Council approved a contract with AC Transit for an eco-pass program for City benefited employees only.  There are significant additional costs (not included in the budget) and administrative issues involved to include City commissioners.  If Council would like to consider the commission’s request, it should be referred to the budget process and staff for analysis.
    Contact:  Fred Medrano, Health and Human Services, 981-5100
    Action:  The City Manager’s recommendation was moved to the Consent Calendar by Councilmember Olds.

42. Civic Center Building Grant Audit (CF 99-01)
    From:  City Manager
    Contact:  Rene Cardinaux, Public Works, 981-6300
    Action:  Received and filed.
     

43. Landmarks Preservation Commission Notice of Decision:  1170 The Alameda - North Berkeley Public Library - as a City of Berkeley Landmark and 2117 Kittredge - A. H. Broad House - as a City of Berkeley Structure of Merit
    From:  City Manager
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Received and filed.
     

44. Landmarks Preservation Commission Notice of Decision - Approval of Structural Alteration Permits for 2138 Cedar Street - Grace North Church - and 2700 Bancroft Way - Westminster House
    From:  City Manager
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Received and filed.
     

45. Grant:  Consultant for Review of Policy Considerations for Landmarks Preservation Ordinance
    From:  City Manager
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Received and filed.
     

46. Status Report on Automatic Gas Shut Off Valves (CF 165-99)
    From:  City Manager
    Contact:  Carol Barrett, Planning and Development, 705-8102
    Action:  Received and filed.
     

47. Bicycle Issues (CF 171-01)
    From:  City Manager
    Contact:  D. E. Butler, Police, 981-5700
    Action:  Received and filed.
     

48. 2 x 2 Committee Meeting Notes
    From:  City Manager
    Contact:  Arrietta Chakos, City Manager’s Office, 981-7000
    Contact:  D. E. Butler, Police, 981-5700
    Action:  Moved to the Action Calendar by Councilmember Breland.  Councilmember Breland asked that the issue of locked facilities at Rosa Parks be included on a future 2x2 agenda and that Councilmember Breland be notified of the meeting so that she may attend.
     

49. Update:  Proposition 12 - Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000
    From:  City Manager
    Contact:  Lisa Caronna, Parks and Waterfront, 981-6700
    Action:  Received and filed.
     

50. Annual Public Art Plan - Fiscal Year 2002
    From:  Civic Arts Commission
    Contact:  Bill Lambert, Economic Development, 705-8180
    Action:  Received and filed.

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

Page No.

1. Ray Dobard, regarding denial of public records information. Worthington
    

2. Ray Dobard, regarding Housing Trust Fund information of offset denial of proposal. Worthington
    

3. Fred Lupke, regarding central library, parking and downtown. Hawley, Maio, Worthington, Dean
    

4. Regarding reclassification of 1100 block of Hearst Avenue. Breland
   a.  Fred Morgan
   b.  The Hearst-Curtis-Delaware Neighbors
    

5. Peter Oh, regarding intersection of University and Shattuck. Hawley, Maio, Spring, Dean
    

6. Golden Gate Audubon Society, regarding avian mortality at wind power sites. Breland, Hawley, Maio, Olds, Spring, Dean
    

7. Leuren Moret, regarding Congresswoman Barbara Lee. Breland
    

8. ASUC External Affairs Office, regarding redistricting.
    

9. Philip Angelides, State Treasurer, regarding increasing the Low Income Housing Tax Credit. Breland, Spring
    

10. Merrilie Mitchell, regarding General Plan.
     

11. Regarding American flags on fire trucks:
    Ernie Humberger, Cris SS Pascual, Jack Fox, Carolyn B. Jordan, Michelle DeFord, Carol Hurl, Robert Partigianoni, C. Kay Goldstein, Lee Taylor, Susan Akers, Amy Trembacz, Erik Beckjord, Roy Michael, C. E. Cumley, Gerald J. Robinson, Keith Pierce, Jim Anderson, Scott Kolke,
     

12. Regarding bombing of Afghanistan:
    A. and M. Fitch, Peter Walther, Dodahcom, TatianaRealtor, Tom Dunn, Erik Beckjord, Mike Cox, Andrew Bishop, Steve Elsaesser, Kathy Hudson, Ed Laperruque, Matthew Walker, Mdeav, Don and Judy Masters, Michael Ferreira, Jeff Barnett, inde05, Guy Krenn, Donna Freyder, David N. Hammock, Daniel L. LeBlanc, Clay Taylor, Omara Casas, William A. Haas, Richard E. Stapleton, Sylvia Richardson, Sue Leonard, Paul (Zmezz), Bill Vincent, Wes Butler, Dean Watts, Chuck (Stroke2701), Steven Fairbanks, Steve Moats, Dona Spring, Spiderus (Spider44), Richard Leung, Richard Hirsch, Peter Teichner, Pete Campbell, Paul Reynolds, M. A. Williams, Mitchell Drasco, Paul M. Kraase, Mark Condon, Timothy L. Lucas, James Little, Leuren Moret, Lance Schmidt, Ken Miles, Jonathan L. Boggs, Joseph H. Beelart, Jr., Sam (Jamie Coultas), Jay O’Brien, Joe Sackett, Marc Plaisted, cvalbritton, Jayme EvansCharles W. Cessna, Jr., Gebhard Moritz, Franz Grissom, Frank Pappas, Walter J. Altman, Jr., Brian Estill, Al Lucas, Allen H. Lynde, JD, Belinda Serata, Brian Linzy, Richard Ellingson, Carol Myers, Charles Avera, Charles Miller, Jeffrey L. Cunniff, SirLancelotte, Vic Correll, Vernon Cross, Tony Sanchez, Tim Ford, Justin G. Adcock, Steve and Nancy Cogan, S F (sfengin), Ron G. Falk, Robert Keenan, Richard and Karen Martin, Ryan (Rdetz), OTRTIREMANDAN, mkaiser, Matt Wimpee, Ph.D., Ken Barber, John Weaver, Joe Ashworth, Craig Jansen, Ross Hillukka, Hal Stoen, Mori Williams, Gary Taustine, Frank (FrnkGoss), Donald S. Loveless, DennyRFox, Craig Denham, Jamie, Sharon and Rachel Regan, Becky Cambre, Alan Casby, Pete Wilson, David Barton, Ryan Charles, Brett Brocato, Thomas P. Barry, Jerry L. Tobey, Sr., Ben R. Harjo, Carlos Hinke, Susan Orrego, Lucinda Ben-David, Craig Ash, Robert Epstein, Ph.D., Cliff Brite, Bill (bigbill), Lane (lanewagner), Kamerdon, Harold and Cathleen Schaffroth, Tom Brink, gkotsovilis, Michael Riley and Shannon Walker, wes.elementary4, Diana Williams, Rauly_Butler, chuck100, Ed Light, Leo Paiz (leogettz), Lincoln D. Bandlow, Michel Foster, Ray Voorhies, Retired399, George Banks, Robert J. Masters, Blake Thompson, Michael P. Ralston, Ned Pike, Kelly Garber, Al Castanon, Susan (scl), Mark Nelson, Allen Perkins, Pete Johansen, Michael Budd, Jim Blackley, J. Booke, John Brethauer, Michael Stenson, Butch Grafton, Kelly Gerber, Harris (hstat), Curt (Donald Fernholz), Fernando Barreira, Stefan Bain, JoeP (joe.cool), CompuCord, Inc., Jeff Jacob, Donald Barfield, D. A. Hudson, Michael Losonsky, Jack and Kate Steiffer, Rebecca Olsen, Art Veramay, J. Boyd, Melinda Daugherty, KIGARZA, Neil A. Dolan, Tim Roumph, Mark Morello, Lance L. Seymour, Arthur Pearson, Debbi Bellush, Ward Dorrity, David Fisher, Kevin Freitas, Eric Lanctot, mjloomis, Kevin Hulsey, Tim Hartung, Bill Smith, Andy (andyba), Gary Curtis, Scott Goodno, Lynn Alldredge, Howard Veit, John Doughty, Randy Waters, C. H. M. (Jeanne muckle), Hamilton Courtney, Bryan McNally, Scott and Susan Sitler, Dennis Sperry, Roger Carroll, Will Kaefer, S. Mountry, Lance L. Seymour, Jennifer Ezell, Patricia Jackson, R. Lange, Mike Mingas, Fred Buckley, Rory Roberson, AuerClawdon, Mary (seabreeze), Jeff Feinstein, Helen_Marcus, G. G. Mainwaring, David B. Erice, Dan Donaghy, David Tell, Brian D. Hoff, Brett Yankie, Francis J. Fiordalisi, Frank Mascola, Ami Pagana, Joe Beelart, G. Mezori, J. McKay, Donovan M. Lee; Denny Abrams, Deborah Badhia, Kathy Berger, Lisa Bullwinkel, Laurie Capitelli, Margo Lowe, John Moriarty, Roland Peterson, Andy Ross, Suzan Steinberg, Dan and Rovena Strongin, Lorraine Zimmerman; Barry L. Miller, Stanley M. Kuchar, Robbie Dendy, K. Hayes, RivNorth, Mark Glass, Alice Nelson, MA, Med, GL (brianandgina), Jeffrey A. Miller, Scott Corder, Dave Wall, Vicki Kaz, Tom Simmons, Pat Rogers, Joseph C. Emerson, Kevin Boll, Jon Helminiak, J. Nevius, Erik Raveling, Bob Etri, Nate Isensee, Scott Fraser, R. Neidert, Preston Phillips, Greg Pierce, Mark Hanneman, Marcia13, lbbenjamin, Kenneth Grimes, Caroline P. Southwick, Jonathan V. Galaviz, John J. Sullivan, JoeHDVoyager, Jill Nicholson, fcwest, Eric Graham, Daniel Peter Moretti, Byron Lee Chia, Adalbert Schnabel, Bob Hennessey, Roger BelAir, az-herb, artpiculell, Marty Zepeda, Benjamin Sims, Dave Maize, Christopher Keller (Sikander Abdullah), Damon Robertson, Johan Landstrom, Kevin L. Seay, Frank Teichrow, Rafer Kingston, Taz (pants), J. H. Wilkins, Bob Simpson, Myles Norton, Joseph A. Benning, R. Clay McCaskey, Anthony Nixon, Mark Leslie, Randy Higgins, Robert Eckstein, Patrick C. McCrevan, Casey (CDBozo), Richard V. Clark, Jim Bartosch, Artur Braun, Dennis McCusker, Kathalin Walker, Rodney Meldrum, David McAllister, B. Craig, Jonathan M. Dodge, Bob and Darlene B, Dan Korth, R. Detz, D. Teague, Shannon Morningstar, C. Scott Parnham, Michael Feeley, W. E. Roberts, Matt Castles, Warren Hanke, Marlowe B. Sorge, Raymond (Ramar444444), Manuel Quinones, Marcin Zalewski, J. A. Ploger, Benjamin Anderson, Don Curran, George Foglesong, Bob Mellnik, Bob Crisler, John Wardell, Debbie James, Lee Matthews, Wayne DeWitt, Dutch121, David Montgomery, David Jackson, Dexter Yard, Leuren Moret, An American, Donna Buckley, Jeff Smyers, Wakana Kono, Wende Jackson, Michael Colpitts, Jethro Tull, Dr. A. Lloyd, Jeff Gilbert, 94301, Glenn Schweinsberg, Daniel Fineman, Robbin Henderson, K. Rupe, ROVAH, Richard Wray, Jeff Breedlove, Joe Smith, Cynthia Brennan, Stacey Karacia, Stan Wilson, Kevin (KEV220), John Gordon, Anafare, Dennis Donehoo, Giovanni Spitale, Helen Tilley, Robert Bexton, Uptownmarsh, Madylene Fingerle, Charles McKinney, Keith and/or Jackie Kennon, Brenda Shank, Michael Grove, Jhanes, wes.elementary4, Herbert J. Schmidt, Jill Nicholson, Adam (asignaigo), Gary Carr, Joseph Dassaro, Rob Hattan, Joseph Ward, Steve.Cameron, Bill Bales, Suelqq,l Beverly Hail, Corrina McFarlane, Stephen Roberts, Dave McCoy, Hanway, Alan Petersen, Linda Stone, Briana Stone, Vic Fabbri, Kurt Thorson, Glenda Stocco, Alicia Saposnik, Don Hammerstedt, Ross Harvey, Joe Matejka, David R. Forbes, Thomas Van Dean, Susann King, Adrian Doran, Wanabpga, Jeff Beliveau, James Pettit, Susan Robinson, RealTreehouse, Tricia Varrasso, Michael Pepper, Doug Pythian, Scott Eckert, Richard Vines Jr., Alex Speaks, Jay King, Diane Reszka, ricardoswe, Nancy Hutchison, MD, Will Angeloro, Janet Maiorana, Al Ford, Karen Isaacson, John Cugno, Peppers Flowers (sboyer), Jay Carter, James M. Armstrong, Dennis Trepanier, Joe and Barbara Engleson, Matt Storey, Peter Mikesell, Ph.D., Andrew Paizis, Ph.D., P Teichner - newspaper article, George M. Foglesong, nahlhelm, Jan Gerhardt.