REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, JANUARY 26, 1999

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

Comments From The City Manager: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

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 Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380

2. Ordinances for Second Reading:
a. Amending Ordinance No. 6447-N.S., Chapter 20.66 of the Berkeley Municipal Code, to prohibit tobacco product advertising within 1400 feet of schools.
b. Adding Chapter 20.67 to Title 20, Signs, of the Berkeley Municipal Code to prohibit alcohol products in publicly visible locations within 1400 feet of schools. (Noes: Armstrong, Dean, Olds, Woolley)
c. Amending Sign Ordinance No. 4291-N.S. (Berkeley Municipal Code Title 20) to reduce the minimum height over the sidewalk of projecting signs and making various other technical and typographical corrections.
d. Repealing and readopting Chapter 19.40 and Chapter 19.44 of the Berkeley Municipal Code, Section 1 of Ordinance No. 6312-N.S.
e. Amending Section 13.84.060, Subdivisions (B) and (C) of the Berkeley Municipal Code (Relocation Services and Payments for Residential Tenant Households Ordinance No. 5725-N.S.
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Contract: Environmental Impact Report (EIR) for Playing Field at East Campus
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with LSA Associates, Inc. in an amount not to exceed $95,000 to prepare an Environmental Impact Report for a playing field at East Campus, and to evaluate two design concepts which includes Derby Street closed and the option of leaving Derby Street open as the most viable alternative. Neither option to include any field lighting or amplified sound system.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

4. Fiscal Year 1997-98 Community Development Block Grant (CDBG) Carryover Funds
From: City Manager (to be delivered)
Recommendation: Adopt a Resolution reappropriating $1,676,071 of committed carryover funds from Fiscal Year 1997-98 CDBG Grant Program to Fiscal Year 1998-99, and refer $91,458 in uncommitted Fiscal Year 1997-98 CDBG funds to the Fiscal Year 1999-2000 CDBG budget allocation process.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

5. Honoring Censure and Move On Group
From: Councilmember Woolley
Recommendation: Adopt a proclamation honoring the group Censure and Move On, which is using the internet as a means to enable people to voice their opposition to the impeachment and possible removal from office of President William Jefferson Clinton. The proclamation would be formally read during the Ceremonial Matters section of the February 9, 1999 Council meeting. The proclamation is to honor Censure and Move On’s founders, as well as everyone who has gotten involved.
Contact: Diane Woolley, Councilmember District 5, 644-6294

6. Moratorium on New Restaurants
From: Councilmember Spring
Recommendation: Refer the request for a moratorium on new restaurants, especially fast food restaurants in the downtown area, to the Planning Commission and request that the Commission form a staffed subcommittee to work with representatives of downtown businesses, including restaurants and coffee shop owners, to develop a quota plan similar to other commercial areas such as Telegraph and Solano Avenues.
Contact: Dona Spring, Councilmember District 4, 644-6266

7. Traffic Mitigation for Public Safety Building
From: Councilmembers Spring and Worthington
Recommendation: Direct the City Manager to expeditiously install a pedestrian, bicycle, car activated traffic signal at Martin Luther King Jr. Way and Center Streets as required by the public safety building mitigations approved in the final EIR; and report back to the Council on a timetable for its installation.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

8. Transportation Equity Act for the 21^st Century
From: Vice Mayor Shirek
Recommendation: 1) request staff to initiate an application for Transportation Equity Act for the 21^st Century (Transportation for Livable Communities Capital Program TEA-21), funding for streetscape and sidewalk/pedestrian improvements in the Adeline Corridor to implement the South Berkeley Area Plan, as specified in a letter from Sam Dyke, Chair of the Adeline-Alcatraz Merchants Association; 2) accept Sam Dyke’s offer for the City to partner with the Adeline-Alcatraz Merchants Association in the application and the community design process for the improvements; 3) adopt a Resolution to provide City funds of $20,000 for the community design process to match $10,000 provided by the Adeline-Alcatraz Merchants Association; 4) request staff to pursue a "Transportation for Livable Communities" grant to plan other improvements and enhance the relationship between the Ashby BART Station, the new Ed Roberts Campus, and the surrounding residential and business communities; 5) direct the City Manager to report back to Council with a schedule for the grant applications and community design process; and 6) request the City Manager to thank Mr. Dyke for his initiative and community spirit in initiating a long over-due implementation of a part of the South Berkeley Area Plan.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243

9. Housing Advisory Commission Appeal – 3208 Ellis Street
a. Appeal filed by Isaac Trunnell, of the Housing Advisory Commission’s decision to uphold the Building Official’s determination to allow the owners of 3208 Ellis Street until March 9, 1999 to complete repairs required to bring the structure up to Berkeley Housing Code standards.
Contact: Sherry Kelly, City Clerk, 644-6480
b. City Manager’s Report
Recommendation: Adopt a Resolution affirming the decision of the Housing Advisory Commission (HAC) to uphold the Building Official’s determination to allow the owners of 3208 Ellis Street until March 9, 1999 to complete repairs required to bring the structure up to Berkeley Housing Code standard, and dismissing the appeal of the tenant.
Contact: Liz Epstein, Planning & Development, 705-8110

NOTE: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by an other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90^th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

10. Public Hearing Regarding Zoning Appeal of Use Permits 3033 and 3681 – 699 Virginia Street (Berkeley Asphalt)
a. Appeal filed by Nora Chorover on behalf of Ocean View Neighborhood Association and Communities for a Better Environment, of the Zoning Adjustments Board decision to take no action to initiate revocation proceedings for Use Permits based on certain findings for the property located at 699 Virginia Street.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: 1) Conduct a public hearing and upon conclusion adopt a Resolution affirming the decision of the Zoning Adjustments Board with findings that Berkeley Asphalt and Ready mix is in compliance with the conditions of Use Permits 3033 and 3681, and based on the evaluation provided by expert consultants and affected agencies, as well as the testimony, the current operation of the Berkeley Asphalt and Ready Mix Companies does not constitute a nuisance. If Council after considering the record, is unable to determine whether there is a nuisance or violation of conditions, continue the hearing without action to coincide with the six month review by staff required pursuant to Use Permit 3033 six months after initiation of operation of the approved replacement equipment for the asphalt plant.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from December 8, 1998:
1) Rena Rickles, Attorney on behalf of Berkeley Asphalt, applicant

d. Communication:
1) Nora Chorover, Attorney for Ocean View Neighborhood Association
Contact: Sherry M. Kelly, City Clerk, 644-6480

NOTE: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by an other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90^th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

11. Continued Public Hearing Regarding Adoption of a New Zoning Ordinance
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, continue the matter to February 9^th to: 1) adopt a resolution approving a Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); 2) adopt first reading of an Ordinance repealing Ordinance Nos. 413-N.S. and 3018-N.S. and adopting a new Zoning Ordinance and Official Zoning Map; and 3) direct the Planning Commission in consultation with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission (LPC), to review the revised Ordinance six months after its effective date to evaluate the effectiveness of the Ordinance changes, consider items referred by the Council and others in the "Six Month List", and recommend proposals on additional changes which are needed.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Planning Commission Report
Recommendation: 1) Initiate an amendment to the C-1(T) District regulations as follows: a) prohibit new off-sale alcohol establishments, b) prohibit the establishment of any new use which involved the sale and distribution of drug paraphernalia, as defined in the Health and Safety Code, and c) require a Use Permit from the Zoning Adjustments Board for any new use involving the sale and distribution of tobacco products and associated merchandise; 2) Consider Citywide zoning changes to prevent alcohol-related and drug paraphernalia uses proposed to be prohibited in the C-1(T) District from locating in other parts of the City; and 3) Consider a comprehensive package designed to address the root causes of alcoholism and drug abuse.
Contact: Karen Haney-Owens, Secretary, 705-8105
b. Communications from 1998:

    1. Martha Nicoloff
    2. Landmarks Preservation Commission
    3. Berkeley Architectural Heritage Association
    4. Doris Willingham, LPC ZO Review Subcommittee
    5. Daniella Thompson and James Sharp
    6. Catherine Roha, A.I.A.,
    7. Landmarks Preservation Commission
    8. Joe Marsh, LPC Chair

    9. Carrie Sprague and Nancy Holland
c. Communication:

    1. Martha Nicoloff
Contact: Sherry M. Kelly, City Clerk, 644-6480

12. Reimbursement for Overpayment of Sewer Bills (removed from Consent by Councilmember Spring from December 8, 1998 meeting and held over from January 12, 1999 meeting)
From: Councilmembers Armstrong, Olds, Woolley and Mayor Dean
Recommendation: From: Councilmembers Armstrong, Olds, Woolley and Mayor Dean
Recommendation: Ask the City to reimburse Berkeley residents who have paid unfairly high sewer bills in the months between July 1998 when the Council passed the sewer tax cap, and January 1999 when East Bay Municipal Utility District (EBMUD) will finally re-order their billing to reflect that cap.
Contact: Polly Armstrong, Councilmember District 8, 644-6401; Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Diane Woolley, Councilmember District 5, 644-6294
a. City Manager Report (to be delivered)
Contact: Frances David, Finance, 644-6476

13. City of Emeryville Proposal to Reconfigure Ashby Interchange of I-80 (held over from the January 12, 1999 meeting)
From: Transportation Commission
Recommendation: From: Transportation Commission
Recommendation: That Council take the following action: (1) Direct that the City of Berkeley continue, in conjunction with Emeryville and CalTrans, to explore reconfiguring the Ashby interchange, and indicate that the City of Berkeley does not at this time support or oppose the proposal, but reserves the right to support or oppose the proposal at a future date; (2) request that the City of Emeryville or CalTrans provide funds for an independent traffic study managed by Berkeley to review the many traffic and related issues raised by the Ashby interchange proposal. This study would review the traffic and land use implications of various possible projects at the Ashby interchange, including the project as proposed by Emeryville, relocation of the Potter Street on-ramp only, and possibly another alternative; and (3) request that CalTrans delay approval of the Project Study Report (PSR) for the reconfiguration of the Ashby/I-80 interchange until such time as this independent traffic study can be completed to the satisfaction of the City of Berkeley.
Contact: Nathan Landau, Transportation Commission Secretary, 705-8136
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

 New Business:

14. AT&T-TCI Franchise Transfer
From: City Manager
Recommendation: Adopt a Resolution denying without prejudice the application of Tele-Communications, Inc. (TCI) to transfer control of the cable television franchise to AT&T Corporation (AT&T).

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

15. Aquatic Park Sound Barrier Project
From: City Manager
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

16. Fee Waiver for Bonita House
From: City Manager
Contact: Liz Epstein, Planning and Development, 705-8105

17. Welfare Reform: Preliminary Impact Analysis
From: City Manager
Contact: Arrietta Chakos, City Manager’s Office, 644-6580

18. Guidelines for Late-Night Youth Activities
From: Berkeley Youth Commission
Contact: Philip Harper-Cotton, Secretary, 644-6226

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

1. John Vance, Coordinator, A First Amendment Center, regarding Utne Reader’s Y2K Citizen’s Action Guide.

2. Preston J. Taylor, ASUC President, regarding expansion of the Cal Student Store.

3. Patrick Kennedy, transmitting newspaper article re various developments.

4. Bill Hughson, President, A.G. Ferrari Foods, regarding enforcement of sidewalk signage regulations.

5. Tim Cannon, Chair, North Berkeley Merchants Assn., requesting payment of the $20,000 allocated to the Association in the City’s budget.

6. L.A. Wood, regarding hazardous waste incineration.

7. William Dale Crist, President, Board of Administration, California Public Employees’ Retirement System, regarding retirement credit for Peace Corps and Vista service.

8. L.A. Wood, regarding Work Group minutes and facilitation.

Adjournment