REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, NOVEMBER 9, 1999

Roll Call: 7:00 p.m.

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.

Youth Forum: A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council. 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. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) October 12, 1999 (closed); b) October 12, 1999 (special); c) October 12, 1999 (regular); d) October 18, 1999 (closed); e) October 19, 1999 (regular); and f) October 22, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480

2. Ordinances for Second Reading:
(First Reading 11/2 - Vote: Unanimous)
a. Adding Section 1.04.080, "Provision Due to Non-Business Days", to the Berkeley Municipal Code (BMC).
b. Authorizing the City Manager to execute a one-year lease agreement and four one-year options for renewal with Asia Fountain Group, Inc. for the premises located at 1013 Pardee Street as office and warehouse space for the Energy Office, in an initial amount not to exceed $2,434 per month.
(First Reading 11/2 - Vote: Unanimous; Noes - Worthington)
c. Amending Berkeley Municipal Code Section 2.12.065, Berkeley Election Reform Act (Ordinance No. 4700-N.S.), to change the method of publication of campaign contribution lists.

3. Side Letter Agreement: Establish Housing Inspector and Salary Range
From: City Manager
Recommendation: Adopt two Resolutions: 1) Authorizing the City Manager to execute and implement a Side Letter Agreement with Service Employees International Union (SEIU) Local 535 to establish a Housing Inspector (Certified) classification and modify Sections of the Memorandum Agreement; and 2) Amending Resolution No. 59,883-N.S., Classifications/Salary Resolution, to establish a salary range of $3974 to $4714 per month.
Contact: Ronald Brown, Personnel, 644-6951

4. Lawsuit: Michael Thorn Bradley
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 799899-3 in the matter of Michael Thorn Bradley in the amount of $36,150.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Contract: Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street Mini-Park Renovations
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for renovation of Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street Mini-Park; rejecting all bids; and authorizing the City Manager to revise the scope of work, negotiate on the open market and execute a contract and any amendments in the amount of $321,000 for a period of 180 calendar days.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

6. Purchase Orders: Traffic Barricades and Cones
From: City Manager
Recommendation: Adopt a Resolution authorizing purchase orders with: 1) Bay Area Barricade Company in the amount of $40,747; and 2) Pacific Trench Safety Company in the amount of $12,500, for a period of 12 months with an option to renew an additional 12 months, to provide traffic barricades, cones and hardware.
Contact: Frances David, Finance, 644-6476; Andreas Campos-Kreutzer, Public Works, 644-6506

7. Bond Measure for Peralta School District
From: Councilmember Spring
Recommendation: Request the City Manager mail and FAX a letter to Peralta College Chancellor and Board of Trustees, asking for community input on the proposed $150 million bond measure and support for finishing the Vista College building.
Contact: Dona Spring, Councilmember District 4, 644-6266

8. Parking Cash Out Program
From: Councilmember Maio
Recommendation: Request the City Manager, the Office of Economic Development, and the Transportation Commission evaluate the benefits of a Parking Cash Out (PCO) program, as described in material from the International Council for Local Environmental Initiatives (ICLEI), for implementation in Berkeley for City employees and for businesses.
Contact: Linda Maio, Councilmember District 1, 644-6359

9. Mandatory Seismic Retrofit on Home Expansion Projects
From: Councilmember Maio
Recommendation: Request the City Manager and appropriate City Commissions draft an ordinance that would require property owners to seismically retrofit their homes and buildings when they undertake home expansion or renovation projects. This ordinance should be included in the City's overall Disaster Resistant Community project recommendations.
Contact: Linda Maio, Councilmember District 1, 644-6359

10. Proclamation in Honor of John Solomon
From: Councilmembers Maio, Breland, and Spring
Recommendation: Approve a proclamation declaring December 16, 1999 "John Solomon Day" in the City of Berkeley, and honoring the contributions of John Solomon to the Berkeley community. The proclamation to be read at the December 14^th Council meeting and presented at the University Avenue Association dinner on December 16^th honoring Mr. Solomon.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266

11. Regulate "Ham" Radio Antennae
From: Councilmember Olds
Recommendation: Refer the matter of regulating amateur "ham" radio antennae to the Planning Commission as a priority matter in the revision of the current Zoning Ordinance.
Contact: Susan Wengraf, Councilmember Olds' Office, 644-6399

12. General Plan
From: Councilmember Spring
Recommendation: Request City Manager report regarding his role in the General Plan process and an explanation of what happened to the Council's July 27^th directives pertaining to Items 1 and 2, and several of the Council's September 14^th directives, on the General Plan's second draft.
Contact: Dona Spring, Councilmember District 4, 644-6266

13. Pedestrian Activated Traffic Light at McGee and University Avenues
From: Councilmember Spring
Recommendation: Request the City Manager put the pedestrian-activated traffic light at McGee and University, which was referred over five years ago, on the list of projects to be funded by federal, state or local funds.
Contact: Dona Spring, Councilmember District 4, 644-6266

14. Schedule Presentation Regarding City Website
From: Mayor Dean
Recommendation: Schedule a 15-minute presentation and a 15-minute comment period on November 23^rd regarding the newly designed City of Berkeley Website.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

15. Waive Fees For 16^th Annual Telegraph Avenue Holiday Street Fair
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving event, sound and insurance fees associated with the 15^th Annual Telegraph Avenue Holiday Street Fair; contribute $10,000 instead of the usual $25,000 for the Holiday Fair and Seasonal Marketing Campaign; provide in-kind services: 4 portable toilets, dumpster and solid waste services, traffic signage and engineering services; close Telegraph Avenue from Dwight to Bancroft allowing only cross traffic; and waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow hanging a banner across Telegraph Avenue and vertical banners on light poles with assistance from Public Works hanging the banners.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

16. Support Executive Clemency for Leonard Peltier
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Leonard Peltier receiving Executive Clemency from President Clinton because of his deteriorating health due to a degenerative jaw disease, further complicated by his inability to ingest and digest food properly, and because he's in need of immediate specialized medical care.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

17. Kinder Safer Streets Act
From: Councilmember Spring
Recommendation: Refer to the City Manager additional recommendations regarding medical marijuana and the Kinder Safer Streets Act and request a report back by December 7^th with the Kinder Safer Streets Act.
Contact: Dona Spring, Councilmember District 4, 644-6266

18. Appropriation of $10,000 to Subscriber Lawsuit Against Pacifica Corporation
From: Councilmember Worthington
Recommendation: Adopt a Resolution appropriating $10,000 to subscriber lawsuit against Pacifica Corporation.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

19. Policies for Prevention of Cruelty to Animals (to be delivered)
Contact: Diane Woolley, Councilmember District 5, 644-6294

20. Oxford Street Parking Lot (to be delivered)
From: Councilmember Spring
Recommendation: Adopt a Resolution increasing parking fees at Oxford Street Parking Lot for special events and daily maximum rates.
Contact: Dona Spring, Councilmember District 4, 644-6266

21. Treaty of Rome
From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging President Clinton to sign the Treaty of Rome and to work with the world's nations to insure that the International Criminal Court functions efficiently; and directing the City Clerk to send copies of the Resolution to President Clinton, Senators Boxer, Feinstein, and Helms, Congresswoman Lee, Secretary of Defense Cohen, and United Nations Secretary General Kofi Annan.
Contact: Manuel Hector, Secretary, 664-6459
a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459

22. Release of Lori Berenson
From: Peace and Justice Commission
Recommendation: 1) Adopt a Resolution urging President Clinton do everything in his power to secure the release of Lori Berenson immediately; 2) direct the City Clerk to write President Clinton, Secretary Albright, Senators Boxer and Feinstein, Representatives Lee, Pelosi and Woolsey, U.S. Human Rights Commission, U.N. Secretary General Kofi Annan, Peru President Alberto Fujimori, Peru's Ambassadors to the United Nations and United States, and the U.S. Ambassador to Peru, requesting action now to secure justice for Lori Berenson; 3) encourage Berkeley residents to help secure justice by also writing these dignitaries; 4) inform companies about Lori Berenson that do business with or have investments in Peru; and 5) follow the matter on the Lori Berenson web site (www.freelori.org).
Contact: Manuel Hector, Secretary, 664-6459
a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459

23. Alameda County Tobacco Settlement Money
From: Community Health Commission
Recommendation: Adopt a Resolution urging the Alameda County Board of Supervisors to deposit the Tobacco Master Settlement Agreement funds for Alameda County in a trust fund and spend those monies on health care, clinic services and prevention and health promotion activities.
Contact: Verdie Thompson, Secretary, 644-6496
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459

24. 1999 Annual Community Survey of Public Opinion
a. City Manager Information Report
Contact: Stephanie Lopez, City Manager's Office, 644-6580

25. ABAG Living on Shaky Ground Conference
Contact: Shirley Dean, Mayor, 644-6484; Linda Maio, Councilmember District 1, 644-6359

26. Zoning Appeal of Design Review Permit 99-30000043 - 801 Cedar Street
a. Appeal filed by Oso Koenigshofer of the Zoning Adjustments Board decision of September 23, 1999, which affirmed the Design Review staff's decision in approving Design Review Permit 99-30000043, approving the design for a 1,485 square foot office building at 801 Cedar Street.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board affirming the Design Review Committee's decision to uphold staff's approval of the proposed design of a 1,485 square foot office building at 801 Cedar Street and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:
1. Tom Hale, applicant, President and Owner, Backroads
Contact: Sherry M. Kelly, City Clerk, 644-6480

27. Landmarks Preservation Commission Appeal - 2526 Durant Avenue (The Blood House)
a. Appeal filed by Steven B. Piser, Attorney on behalf of David Ruegg and Robert Ellsworth, the owners, of the Landmarks Preservation Commission decision of September 13, 1999, which designated 2526 Durant Avenue (The Blood House) as a Structure of Merit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution upholding the decision of the Landmarks Preservation Commission designation of 2526 Durant Avenue (The Blood House) as a Structure of Merit and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:

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

28. Landmarks Preservation Commission Appeal - 2530, 2532, and 2534 Durant Avenue (The Albra)
a. Appeal filed by Steven B. Piser, Attorney on behalf of David Ruegg and Robert Ellsworth, the owners, of the Landmarks Preservation Commission decision of September 13, 1999, which designated 2530, 2532, and 2534 Durant Avenue (The Albra) as a Structure of Merit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution upholding the decision of the Landmarks Preservation Commission designation of 2530, 2532, and 2534 Durant Avenue (The Albra) as a Structure of Merit and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:

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

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ.Proc. ?1094.6(b)) or approve (Gov.Code ?65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. It is your obligation to inquire with the City Clerk (644-6480) to determine when a Notice of Decision is mailed. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

29. Police Officers Grants - Status and Deployment (CR 99-75) (removed from Information by Councilmember Armstrong and held over from November 2 meeting)
From: City Manager
Contact: Dash Butler, Police, 644-6568

30. Haas Mitigation Update (CR 99-112) (removed from Information by Councilmember Worthington and held over from November 2 meeting)
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105

31. City Policies Relating to the University of California (removed from Consent by Councilmember Spring and held over from November 2 meeting)
From: Councilmember Woolley
Recommendation: Review and discuss existing City policies and agreements concerning the University of California. Included would be goals and policies in the existing City General Plan and Area Plans, voter adopted Measure N, and any Memoranda of Understanding between the City and the University. This review and discussion should occur prior to the Council's creation of any City advisory body relating to University of California issues.
Contact: Diane Woolley, Councilmember District 5, 644-6294

32. University Relations Commission (City-Campus Planning Advisory Group) (held over from September 14 meeting)
From: Planning Commission
Recommendation: Adopt a Resolution establishing a University Relations Commission composed of either nine or eighteen members appointed pursuant to the Fair Representation Ordinance, with the following charge: a) Advise the City Council on planning issues of joint concern to the City and UC Berkeley; b) Solicit public input on proposed University projects and plans; c) Encourage coordination between the City and UC Berkeley on planning projects of joint interest; and d) Establish a Commission subcommittee that will constitute the City's representatives on the City-Campus Planning Advisory Group, as detailed in the 3/12/97 Memorandum of Understanding between the City and the University.
Contact: Karen Haney-Owens, Secretary, 705-8137
a. City Manager Report
Recommendation: Direct the Planning Commission establish a City-Campus Planning Advisory Group subject to the Brown Act, as a standing sub-committee with the following charge: a) to meet in conjunction with Campus representatives; b) to act in an advisory role to the appropriate City Commissions, City Departments and University Committees and Administrators; and c) to solicit broad public input regarding University plans and projects of joint interest to the City and the University.
Contact: Liz Epstein, Planning and Development, 705-8105

33. University of California Student Enrollment (removed from Consent by Councilmember Worthington and held over from November 2 meeting)
From: Mayor Dean and Councilmember Armstrong
Recommendation: Request the City Manager meet as soon as possible with UC Berkeley Chancellor Berdahl informing him of: 1) campus population caps as agreed to by the campus and City in the Long Range Development Plan; 2) the City's concerns of recent reports that the Regents are currently considering how the UC system can accommodate a projected increase in student enrollment; and 3) that the City prefers to be a part of the current planning regarding any expansion of the Berkeley campus rather than be reactive once a decision has been made; and requesting the City Manager report back on the outcome of this discussion.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401

34. Proposed UC Surge Building (removed from Consent by Councilmember Armstrong and held over from November 2 meeting)
From: Councilmember Spring
Recommendation: Request the City Manager to: 1) write to UCB Chancellor Berdahl and UC Regents requesting they not construct the "Seismic Replacement Building" on the Oxford tract, the last remaining open space in the North Campus area, and that UC instead build the "Seismic Replacement Building" on a more appropriate site - the former California Department of Health site at Shattuck and Berkeley Way; 2) establish a process to work out mitigations with the City similar to the Haas Pavilion; 3) require the Planning Department send out notices of future meetings on the EIR for this project to all residents within 300 feet of the project; and 4) research the Deed for the Oxford Tract to UC for a condition by the donor that the property never be developed with buildings.
Contact: Dona Spring, Councilmember District 4, 644-6266

35. Posting Blighted Properties (removed from Consent by Councilmember Olds and held over from November 2 meeting)
From: Housing Advisory Commission
Recommendation: Adopt first reading of an Ordinance to add Section 12.92.175 to the Berkeley Municipal Code to allow posting signs on blighted properties informing the public of the property owner's name, address, telephone number, and the nature of code violations found.
Contact: Oscar Sung, Secretary, 665-3469
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001

36. Fire Danger in Berkeley (removed from Information by Councilmember Armstrong and held over from November 2 meeting)
From: Fire Safety Commission
Contact: Reginald Garcia, Secretary, 644-6665

37. Temporarily Prohibit Carryout Food Stores and Quick Service Restaurants
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23, Zoning, by amending Sections 23E.36.030A and 23E.68.030A - Uses Permitted in C-1 General Commercial District and C-2 Central Commercial District, to temporarily prohibit carryout food stores and quick service restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

38. Berkeley Marina Plan and Waterfront Overview Preliminary Design Concept
From: Planning and Waterfront Commissions
Recommendation: 1) Approve the Preliminary Design Concept for the Marina Plan and Waterfront Overview so that the draft can be completed and the environment review initiated for the Plan; 2) Review the financial analysis for Marina maintenance and operations as well as desired improvements, in recognition that the Marina is significantly under-funded and that there is no current source of funds to implement core capital projects while maintaining existing Marina operations; and 3) Identify an effective financing program to implement core capital projects and Concept Plan design elements. Without a commitment by the Council to actively seek additional sources of ongoing funding beyond non-recurring grants, Marina infrastructure will continue to deteriorate and implementation of the Concept Plan elements will be impossible.
Contact: Cliff Marchetti, Waterfront Commission Secretary, 644-6376
a. City Manager Report
Recommendation: 1) Endorse the Planning and Waterfront Commission's recommendation to approve the Preliminary Design Concept for the Marina Plan and Waterfront Overview; and 2) Direct staff to proceed with the preparation of the Marina Plan and Waterfront Overview and completion of the environmental review on the Plan with the understanding that staff will prepare a financing program to implement the Preliminary Design Concept (Phase 1: Required Capital Improvements; and Phase 2: Enhancements/Amenities), including funding options for consideration by the Council.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

39. Health and Human Services Administrative Operations Review
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459

40. 2 X 2 Committee Meeting Notes - July 15 through September 16, 1999
From: City Manager
Contact: Arrietta Chakos, City Manager's Office, 644-6580

41. Landmarks Preservation Commission Notice of Decision: 2113 Vine Street (Vine Street Pumping Plant)
Contact: Sherry M. Kelly, City Clerk, 644-6480

Communications

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

Page No.

1. Patrick Kennedy, Panoramic Interests, transmitting newspaper article regarding developers, the spread of suburbia, senior housing and tech jobs for Berkeley residents.

2. Bill Lockyer, California State Attorney General, thanking Council for their support of SB 78 and HR 1443 regarding the collection of data on traffic stops.

3. Elizabeth Foley, Associate Regional Administrator, U.S. Department of Health and Human Services, regarding Medicare allowing the disabled and senior citizens to have extra prescriptions on hand due to Y2K problems.

4. Jeannie de Vries, President, Berkeley Architectural Heritage Association, regarding renovations of Martin Luther King Jr. Civic Center Park.

5. John DeClercq, TransAction Financial Corporation, regarding downtown Berkeley BART Station.

6. Tom Dalzell, Staff Attorney, IBEW, Local 1245, regarding petition from membership regarding Council authority provided to staff on October 12^th Closed Session meeting.

7. John Selawsky, regarding commission work.

8. Doris Willingham, regarding joint City-University pledge.

9. Black Repertory Group, regarding immediate correction.

10. Daniella Thompson and Jim Sharp, regarding University Relations Commission.

11. John Vance, First Amendment Center, regarding KPFA/WTO etcetera update (additional pages on file for review in the City Clerk's Office).