SPECIAL BERKELEY CITY COUNCIL MEETING

City Council Chambers: 2134 Martin Luther King, Jr. Way

Roll Call: 7:10 p.m. - Absent: Armstrong

Comments From The Public: 16 speakers heard.

1. Discussion and Actions related to KPFA/Pacifica Foundation Crisis
a. From: Mayor Dean, Vice Mayor Shirek and Councilmember Armstrong
Recommendation: Adopt a Resolution to resolve the KPFA crisis.
Contact: Shirley Dean, Mayor, 644-6484; Maudelle Shirek, Councilmember District 3, 644-6243; Polly Armstrong, Councilmember District 8, 644-6401
b. Information Report/Resolution related to KPFA/Pacifica Foundation Crisis
From: Councilmember Spring
Contact: Dona Spring, Councilmember District 4, 644-6266
Actions: Moved, seconded, carried (Worthington/Olds; Absent - Armstrong) to adopt Resolution No. 60,156-N.S., revised and submitted by Mayor Dean, Vice Mayor Shirek and Councilmember Armstrong.

Councilmember Spring asked the record to reflect that she was voting yes so that there would be a unanimous vote on this item.

Mayor Dean asked the record to reflect: "That I, as Mayor, first want to acknowledge Councilmember Spring’s work as the author of the resolution that was placed on the Council agenda of July 20, 1999 and then the work that Councilmembers Spring and Woolley did in revising that original item on that same date. The large majority of the Spring-Woolley item has been incorporated into the resolution which I and others are sponsoring tonight. They deserve the credit for moving this matter forward, and I want to express my appreciation to both of them."

Moved, seconded, carried (Breland/Maio; Absent – Armstrong) to refer to the City Manager the feasibility of purchasing KPFA from the Pacifica Foundation.

Moved, seconded, carried (Worthington/Spring; Absent – Armstrong) 1) To authorize the City Attorney to evaluate the advisability of the City of Berkeley filing an amicus brief in support of the listener and community lawsuit against Pacifica; 2) Instruct the City Manager to establish clear lines of communication with organizers of KPFA protests; waive standard permits and fees for the upcoming series of rallies and marches; and facilitate safe expressions of free speech; 3) The City Manager investigate all allegations of police misconduct reported by the public and ensure timely notifications of deadlines for filing complaints; 4) Request Pacifica not use the new, recently installed, transmitter to bypass all staff that are at the heart of KPFA as a listener-supported free speech radio station.

Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) additional recommendations severed out and voted separately as follows: 1) Authorize the City Manager, at his discretion, to contribute up to $10,000 in support of the listener and community lawsuit against Pacifica (Noes - Olds); 2) The City Manager closely monitor police conduct towards people in attendance at KPFA rallies, demonstrations and marches (Abstain - Olds, Woolley, Dean); 3) Join with Fairness and Accuracy in Reporting in requesting the resignation or replacement of the current controversial executive director, as a meaningful step towards improvement (Noes - Olds; Abstain - Dean); 4) All police be sufficiently trained in nonviolent protests and civil disobedience disputes (Noes - Olds; Abstain - Woolley, Dean); 5) The City Manager, at his discretion, request Police Review Commission staff participate in staff meetings that occur regarding the KPFA site, marches and rallies (Noes - Olds, Woolley, Dean); and 6) The City Manager and Police respond to complaints of nearby residents regarding violation of the Noise Ordinance after 10:00 p.m.(unanimous).

2. General Plan Process (removed from Consent by Councilmember Armstrong and held over from July 20, 1999)
From: Councilmember Spring
Recommendation: Take action on the General Plan process: 1) redirect the process requesting that the General Plan be redrafted and that the second draft return the City of Berkeley to the current zoning and to the various recently completed area plans and refer staff to the June 16, 1998 Council directive to the Planning Commission on the issue of height bonuses; 2) extend the comment period of the draft General Plan by 60 days; 3) release the revised General Plan for comments before a Draft Environmental Impact Report (DEIR) is released; and 4) return to Council in September with a report on the General Plan redraft.
Contact: Dona Spring, Councilmember District 4, 644-6266
a. City Manager Report
Recommendation: Maintain the approved General Plan update process, work plan and schedule endorsed by the Council on February 23, 1999 (Resolution No. 59,892-N.S.)
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Spring/Maio; Absent - Armstrong) to direct staff to: 1) bring the second draft of the general plan to the Planning Commission and for the draft to use the current zoning and various area plans as the baseline and include options for exploration of proposals made by the Sierra Club and comments made by the public and others during the process; 2) any proposals should show comparisons for housing, density and the trade-offs between the proposals; 3) prepare a new notice of EIR scoping; 4) after issuance of the second draft of the general plan, provide a minimum of two months for public comment before issuing the draft EIR and then provide a minimum of two months for public comment on the draft EIR; 5) hold workshops at Senior Centers and provide sufficient noticing of the meetings in a manner that makes it clear what will be discussed and in terms that lay people understand; 6) provide a synthesis or copies of comments made from all workshops; and 7) refer to the City Manager the possibility of posting the current area plans on the City’s Website and making sure the main Library has current copies of the plans.

Action: Received and filed unless referred to the City Manager and/or Boards and Commissions for investigation and/or recommendations:

1. Regarding KPFA:

The meeting adjourned at 10:13 p.m.