REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, FEBRUARY 23, 1999

Roll Call: 7:05 p.m.

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

1. Presenting Certificates of Appreciation to the recipients of Parks Mini-Grant Funds in Rounds Three and Four
2. Proclamation recognizing March 1999 as Hunger Awareness Month

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. Contract Amendment: Workers’ Compensation Third Party Administration
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Liberty Mutual Insurance/Helmsman Management Services, Inc. to provide third party administration of the City’s Workers’ Compensation Program from March 1, 1999 through March 1, 2000 for an estimated increase of $87,175 or 15.55% from the prior contract year.
Contact: Ronald Brown, Personnel, 644-6951

3. Amend Personnel and Salary Documents Regarding Legislative Assistants
From: City Manager
Recommendation: 1) Adopt first reading of an Ordinance amending Personnel Ordinance No. 6280-N.S. (Berkeley Municipal Code Section 4.04.120) to include Legislative Assistant as an "at-will" classification; and 2) Adopt a Resolution amending Classification/Salary Resolution No. 59,841-N.S. for unrepresented employees, to replace the title of Legislative Assistant/Administrative Assistant with Legislative Assistant.
Contact: Ronald Brown, Personnel, 644-6951

4. Donation for Animal Shelter Services
From: City Manager
Recommendation: Adopt a Resolution accepting a gift of funds in the amount of $1,000 for the Berkeley Animal Shelter from Elizabeth Raymond, a Berkeley resident representing a foundation which wishes to remain anonymous.
Contact: Dash Butler, Police, 644-6568

5. Public Liability Settlement: Yvonne Thompson
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit, Alameda County Superior Court Action 78428, in the matter of Yvonne Thompson in the amount of $7200.
Contact: Zach Cowan, City Attorney, 644-6380

6. Permit Fee Waiver for Foster Home Program at 3200 Adeline Street
From: City Manager
Recommendation: Adopt a Resolution waiving all building permit application and plan checking fees totaling approximately $3,000 for renovation of a foster home program located at 3200 Adeline Street, operated by A Better Way, a nonprofit organization.
Contact: Liz Epstein, Planning and Development, 705-8105

7. Contract Amendment: General Plan Update Project and Environmental Review
From: City Manager
Recommendation: 1) Adopt a Resolution endorsing the General Plan Update Project objectives, scope, and budget; 2) Authorizing the City Manager to amend the contract with Brady and Associates/LSA by extending the term to February 2000 and increasing the amount $134,101 for completion of the Environmental Impact Report; and 3) Authorizing an additional $40,000 to the project budget for interns, printing, advertising and supplies.
Contact: Liz Epstein, Planning and Development, 705-8105

8. Contract: Testing Services for Civic Center, Library, and Public Safety Buildings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Signet Testing Labs, Inc. to provide geotechnical and material testing services for the Martin Luther King Jr. Way Civic Center Building, Berkeley Public Library, and the Public Safety Building Projects in an amount not to exceed $250,000 which includes a $50,000 contingency allowance.
Contact: Rene Cardinaux, Capital Projects, 644-6580

9. Purchase Order: Brush Chipper
From: City Manager
Recommendation: Adopt a Resolution awarding a Purchase Order to Cal-Line Equipment Inc. for the purchase of a Bandit Ind. Model 250XP Brush Chipper with all standard equipment in an amount not to exceed $28,040.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

10. Contract Amendment: Operation of the Berkeley Landfill (to be delivered)
From: City Manager
Recommendation: From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Browning-Ferris Industries of California, Inc. (BFI) by extending the term to December 31, 2005 for operation of the Berkeley Landfill; and authorizing payment of a road mitigation fee of $350,000 over the five-year period.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

11. Schedule Budget Workshops (to be delivered)
From: City Manager
Recommendation: From: City Manager
Recommendation: Schedule two Special Council Workshops on March 1 and 2, 1999 at 5:30 p.m. to discuss citywide budget issues and provide an opportunity for Council and public input into the development of the City Manager’s FY2000 and FY2001 proposed budget.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

12. Expansion of the Oakland Airport (to be delivered)
From: Mayor Dean
Recommendation: From: Mayor Dean
Recommendation: Support transmittal of comments regarding the scope of the supplemental Environmental Impact Report (EIR) being prepared for the expansion of the Oakland Airport.
Contact: Shirley Dean, Mayor, 644-6484

13. 1999-2000 Budget Referral
From: Councilmember Spring
Recommendation: Refer to the 1999-2000 budget process the request for $30,000 for two traffic circles on California Street at Allston and at Channing Way.
Contact: Dona Spring, Councilmember District 4, 644-6266

14. Endorsement of Telletubbie Tinkey Winkey
From: Councilmember Armstrong
Recommendation: That Council agree with total and complete endorsement Telletubbie Tinkey Winkey, and his magic purse (regardless of its contents) and his purple skin color and his triangle antenna.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

15. Past Due Audit Recommendations
From: City Auditor
Recommendation: Request the City Manager report back by April 13, 1999 regarding the implementation status of past due audit recommendations.
Contact: Ann-Marie Hogan, City Auditor, 644-6440

16. Accessible Public Pay Phones
From: Commission on Disability
Recommendation: Direct the City Clerk to write to the California Public Utilities Commission (PUC) requesting them to remove barriers for persons with disabilities who use public pay phones, especially to provide: 1) operator assistance with dialing; 2) no cost information assistance; and 3) increased installation of TDD’s (text telephones).
Contact: Eric Dibner, Secretary, 665-3445
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

17. Menus in Braille
From: Commission on Disability
Recommendation: Direct the City Clerk write a letter and include a list of companies experienced in converting menus to Braille and large print, to all Berkeley food serving establishments to include restaurants, cafes, bars, and hotels, urging them to have a few Braille and large print menus available for their patrons.
Contact: Eric Dibner, Secretary, 665-3445
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action Calendar

18. Zoning Appeal of Use Permit 98-10000070 – 2141 Ward Street (held over from the February 9, 1999 meeting)

a. Appeal filed by Leah Hess, Attorney, on behalf of Jorge Sanchez, of the Zoning Adjustments Board decision granting a Use Permit to: 1) allow elimination of one 2^nd floor unit and to allow the ground floor unit; 2) vertically extend the line of the non-conforming wall by raising the height of the structure; 3) horizontally extend the line of the non-conforming wall to construct a mechanical equipment room; and 4) allow the construction of two trellises approximately 9-feet high in the required front yard at 2141 Ward Street.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication:
      1. Leah Hess, Attorney on behalf of appellant
      2. Manouchehr and Fatemeh Ghanbari, applicants
      3. Leah Hess, Attorney on behalf of appellant

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

19. Zoning Appeal of Use Permit 98-10000054 - 2527 Piedmont Avenue (held over from the February 9, 1999 meeting)
a. Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock, of the Zoning Adjustments Board’s decision granting a Use Permit to demolish an existing four-unit residential building and construct a three-unit residential structure at 2527 Piedmont Avenue.
Contact: Sherry Kelly, City Clerk, 644-6480
b. City Manager’s Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve a Use Permit to demolish a four-unit building and construct a three-unit residential building.
Contact: Liz Epstein, Planning & Development, 705-8110
c. Communication from:

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

20. Landmarks Preservation Commission Appeal – 2527 Piedmont Avenue (held over from the February 9, 1999 meeting)
a. Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock, of the Landmarks Preservation Commission’s determination that a project proposal concerning the Merton J. Congdon House located at 2527 Piedmont Avenue, is categorically exempt (Class 3) from CEQA Guidelines.
Contact: Sherry Kelly, City Clerk, 644-6480
b. City Manager’s Report (material incorporated in above report – Item 19)
Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission to approve the demolition/alteration of a designated Structure of Merit to allow a three-unit residential building.
Contact: Liz Epstein, Planning & Development, 705-8110
c. Communications from:
      1. Cathy Kessel
      2. Judith Epstein

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

21. Zoning Appeal of Use Permit 98-10000083– 1605 Ashby Avenue
a. Appeal filed by Don Duncan, Positive Solutions Group, of the Zoning Adjustments Board decision which: 1) approved a Use Permit to amend the non-conforming use of a building to another use that is changed in character and to create a library in the R-2A Zone; and 2) denied a Use Permit for retail use to change the non-conforming use of a building to a use which is the same or more restricted in nature at 1605 Ashby Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105

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.

Old Business:

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 *.

a. Appeal filed by Malcolm Smith, Attorney on behalf of Reza Valiyee, Applicant, of the Zoning Adjustments Board decision denying a Use Permit for property at 2455 Prospect Street to: a) modify Variance 495 which established a 50-person rooming house which had 29 bedrooms to permit a reconfiguration of the interior floor plan, to permit 50 separate one-person bedrooms; b) establish a manager's unit on the first floor (formerly the basement); and c) construct a stairway from the second story deck to the property line.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report dated February 23, 1999 (to be delivered) *
Contact: Liz Epstein, Planning and Development, 705-8105
c. City Manager Report dated February 16, 1999
Recommendation: Adopt a Resolution overturning the decision of the Zoning Adjustments Board (ZAB) upholding the appeal and approving the Use Permit with conditions.
Contact: Liz Epstein, Planning and Development, 705-8105
d. City Manager Report dated January 12, 1999
Recommendation: Set a public hearing for February 16, 1999 to consider appropriate action on the Use Permit.
Contact: Liz Epstein, Planning and Development, 705-8105
e. Communication from January 12, 1999:
        1. Chris Thomas and other residents of 2455 Prospect St.

Contact: Sherry M. Kelly, City Clerk, 644-6484

23. Regulating ATM Surcharges (removed from Consent by Councilmember Spring and held over from February 9, 1999 meeting)
From: Councilmembers Spring, Worthington and Breland
Recommendation: Refer to the City Attorney a proposed San Francisco ordinance regarding prohibiting a financial institution from imposing a surcharge on non-account holders who use ATMs for evaluation as a potential Berkeley ordinance.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400

24. Moratorium on New Restaurants (removed from Consent by Councilmember Maio from January 26, 1999 meeting and held over from February 9, 1999 meeting)
a. Councilmember Spring Report dated January 26, 1999
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
b. Councilmember Spring Report dated February 23, 1999
Recommendation: Respond to the request from 42 downtown businesses for an immediate 15-month moratorium on restaurant and food services on University Avenue from Oxford to Martin Luther King and on fast food restaurants in downtown Berkeley by 1) requesting that Planning staff draft language for a moratorium that will go before the Planning Commission for a public hearing and return to Council by April 1999 with their recommendations; and 2) request the Planning Commission form a subcommittee in concert with downtown business owners to make recommendations for economic diversity and a retail plan for downtown Berkeley which will work to stop the proliferation of fast food restaurants and to explore the possibility of developing retail plans similar to those for Telegraph and Solano Avenues.
Contact: Dona Spring, Councilmember District 4, 644-6266
c. City Manager Report dated February 23, 1999
Recommendation: Adopt a Resolution establishing a six-month moratorium on new restaurant and food service uses along University Avenue between Oxford Street and Milvia Street and requesting that the Planning Commission establish a Subcommittee to study how to promote healthy economic diversity for the Downtown.
Contact: Bill Lambert, Economic Development, 705-8184

25. Phase Out AC Transit Diesel-Fueled Buses (removed from Consent by Councilmember Worthington from February 16 meeting)
From: Councilmember Spring
Recommendation: Request the City Clerk write a letter to the AC Transit Board of Directors asking them to phase out the use of diesel-fueled buses as soon as possible in Berkeley due to a report released by the California Air Resources Board and the Environmental Health Hazard Assessment listing diesel exhaust as a toxic air contaminant; and include letters and enclosures from former Transportation Commissioner Sue Parker with the letter to AC Transit.
Contact: Dona Spring, Councilmember District 4, 644-6266

26. Preserving the Student Education Garden (removed from Consent by the City Manager from February 16 meeting)
From: Councilmembers Spring and Worthington
Recommendation: 1) Support the preservation of the Student Education Garden in the northwest corner of the Oxford Tract, and preference for East Bay Municipal Utility District (EBMUD) building a new Berryman Pumping Station on the northeast corner; 2) request the City Manager write to UC Chancellor Berdahl in support of preserving the northwest corner of the Oxford Tract as the Student Education Garden.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398
a. City Manager Report (to be delivered)

27. Black Repertory Group Update (removed from Information to Action by Councilmember Worthington from February 16 meeting)
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

28. Parking Meter Installation (to be delivered)
From: City Manager
Recommendation: From: City Manager
Recommendation: Adopt a Resolution authorizing the purchase and installation of an additional 486 meters for completing the first phase of replacing the parking meters in the City.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

29. Formal Bid Solicitations and Request for Proposals
From: City Manager
Contact: Frances David, Finance, 644-6476

30. Investment Report for December 1998
From: City Manager
Contact: Frances David, Finance, 644-6476

31. Fiscal Year 1999 Mid-Year Budget Report (to be delivered)
From: City Manager
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

32. Waive Permit Fees: Senior Housing Project, 3132-38 Martin Luther King Jr. Way
From: City Manager
Contact: Stephen Barton, Housing, 644-6001

33. Senior Citizens’ Health and Quality of Life (CR 98-42)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459

34. Berkeley Ferry Service Proposal
From: Mayor Dean
Contact: Shirley Dean, Mayor, 644-6484

35. Police Department Staffing – Sex Crimes Unit
From: Commission on The Status of Women
Contact: Ruby Primus, Secretary, 665-6923

Communications

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

1. Jason Meggs, Bicycle Civil Liberties Union, regarding a Public Records Act request for police records.

2. William Caldeira, regarding public comment at February 9, 1999 special meeting.

Adjournment