REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, NOVEMBER 16, 1999

Roll Call: 7:00 p.m.

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 and/or action.

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 held over to the next meeting unless the City Manager requests action due to priority.

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. Updated Conflict of Interest Code
From: City Manager
Recommendation: Adopt a Resolution adopting an updated Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 59,769-N.S.
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Ordinance for Second Reading:
(First Reading 11/9 - Vote: Unanimous; absent - Woolley)
a. 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.

4. Lawsuit Settlement: Jae Chang
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 806248-4 in the matter of Jae Chang in the amount of $7,500.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Refund Specified Overpayments of Refuse Bills (CR 99-93)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adding Section 7.20.048 to the Berkeley Municipal Code (BMC), to authorize the Finance Department to refund specified overpayments of refuse bills.
Contact: Frances David, Finance, 644-6476

6. Y2K Hazardous Materials Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept and appropriate funds in the amount of $17,008 from the Governor's Office of Emergency Services (OES) to reimburse costs incurred by Toxics Management for the Y2K Hazardous Materials Project.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

7. Grant: Hazardous Materials Emergency Response Area Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept and appropriate $10,000 in grant funds from the Governor's Office of Emergency Services (OES) to reimburse costs incurred by Toxics Management for the Hazardous Materials Emergency Response Area Plan Project.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

8. Contract: James Kenney Park Storm Damage Repair
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for James Kenney Park Storm Damage Repair; accepting the bid of Trinet Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $69,420 for the period November 17, 1999 through April 1, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

9. Street Vacation of Portion of Keeler Avenue
From: City Manager
Recommendation: Adopt first reading of an Ordinance summarily vacating a portion of the public-right-of-way, conveying the City's interests in the vacated property to Barry J. Eichengreen and accepting an easement dedication from Barry J. Eichengreen for public right-of-way purposes.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

10. Purchase of BMW Motorcycles
From: City Manager
Recommendation: Adopt a Resolution authorizing the purchase of two BMW Motorcycles from A & S BMW Motorcycles in an amount not to exceed $40,000.
Contact: Dash Butler, Police, 644-6568

11. City Manager Evaluation Process
From: Mayor Dean, Councilmembers Armstrong, Breland, Maio
Recommendation: Ask the City Manager to propose to Council a process for the next City Manager Performance Review.
Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359

12. Establish City Manager Evaluation Process
From: Councilmember Worthington
Recommendation: Establish a quarterly evaluation meeting of the City Council to communicate with the City Manager regarding job performance; that the Rules Committee evaluates and reports back in less than six months, on how city managers are evaluated in other cities and explore the suitability of retaining a professional firm to assist in consulting with the community; public process would include a community forum to provide public opinions as well as interviews with: a) management directly supervised by the City Manager, b) union leaders, c) City staff, and d) neighborhoods, businesses, and student representatives.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

13. Amendment to City Manager's Contract (to be delivered)
From: Mayor Dean, Councilmembers Armstrong, Breland, Maio
Recommendation: Adopt a Resolution amending the City Manager's Contract.
Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359

14. Waiving Fees for December Downtown Holiday Concerts
From: Councilmembers Armstrong and Spring
Recommendation: Adopt a Resolution waiving City permit fees associated with amplified music downtown on December 4, 11, and 18 (Saturdays) during the holiday season, and waiving Berkeley Municipal Code (BMC) Section 13.40.100 to allow application for amplified sound permits and any related sound permit variances for these events to be made to the Noise Control Officer in less than the normal 30 days in advance of the events.
Contact: Polly Armstrong, Councilmember District 8, 644-6401; Dona Spring, Councilmember District 4, 644-6266

15. Greenhouse Gas Emission Pledge Cards
From: Councilmember Maio
Recommendation: Request the City Manager develop a Greenhouse Gas Emission Pledge card, in concert with the Environmental and Energy Commissions, to be disseminated to residents, asking Berkeley residents pledge to reduce greenhouse gas emissions by taking certain actions. The pledge card can be developed with the ICLEI Campaign for Climate Protection office located in Berkeley.
Contact: Linda Maio, Councilmember District 1, 644-6359

16. Telephone Directory Assistance Charges
From: Mayor Dean
Recommendation: Support an impending California Public Utilities Commission (CPUC) decision which would impact 411 Directory Assistance service in the least objectionable and most consumer-friendly manner, specifically, support Option H-4a and oppose Option H-4; and that the City Clerk immediately communicate this position by fax to CPUC President Richard Blas in time to impact the CPUC decision making process on November 18^th.
Contact: Barbara Gilbert, Mayor's Office, 644-6484

17. Debt Relief for Impoverished Countries
From: Councilmember Spring
Recommendation: Adopt a Resolution on forgiveness of debt for impoverished countries and request the City Clerk send letters to our Federal Legislators and the President.
Contact: Dona Spring, Councilmember District 4, 644-6266

18. IFEU Contract
From: Councilmember Spring
Recommendation: Ask the City Manager for a report on the status of the contract with IFEU, the sister organization of IEER, which is to analyze tritium data from LBNL.
Contact: Dona Spring, Councilmember District 4, 644-6266

19. Low-Income Spay Neuter Program
From: Councilmember Spring
Recommendation: Request the City Manager enact a spay-neuter program for low-income individuals with the revenues from the unclaimed spay-neuter fees and report back.
Contact: Dona Spring, Councilmember District 4, 644-6266

20. Priorities for Meetings with UC Berkeley (to be delivered)
From: Councilmember Worthington
Recommendation: Request the City Manager meet with UC Berkeley Chancellor Berdahl to discuss the following priority issues: 1) UC administration's commitment to meet the need for student housing in ways consistent with neighborhood concerns; 2) how to work with neighborhoods in addressing the concerns regarding the University, office development and the Underhill project; 3) the ways the City and University can work together to provide parking for small businesses near the campus, particularly utilizing current vacant spaces; 4) encourage diversity on campus of both students and faculty; and 5) how the City can be a part of the current planning regarding any expansion of the Berkeley campus rather than be reactive once a decision is made.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

21. Contract: Community Services Block Grant
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution authorizing the City Manager to accept Community Services Block Grant Contract 00F-2102 for $160,000 from the State Department of Community Services and Development.
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001

22. Selection of Representatives of the Poor
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution certifying the results of the October 20, 1999 selection of Joy Holland (District 2) and reappointment of Willie Phillips (District 3) as Representatives of the Poor to the Human Welfare and Community Action Commission (HWCAC), terms ending December 31, 2000.
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001

23. East Bay Paratransit Consortium Policy Changes
From: Commission on Disability
Recommendation: Direct the City Clerk to send a letter to East Bay Paratransit Consortium (EBPC) to express disapproval of current practices which require: 1) paratransit clients to negotiate pick-up times when scheduling a ride; and 2) permanently disabled clients to be recertified for eligibility.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission Report.
Contact: Weldon Rucker, City Manager's Office, 644-6580

24. Adoption of a Mandatory Spay/Neuter Ordinance
From: Task Force on Animal Care and Control (dated September 14)
Recommendation: Conduct a public hearing (including a 10-minute video) and upon conclusion, determine whether the ordinance will proceed and, if so, when the ordinance (in its present or amended form) will be referred to the City Attorney for appropriate legal formatting.
Contact: Shirley Dean, Mayor, 644-6484; Dona Spring, Councilmember District 4, 644-6266; : Betty Olds, Councilmember District 6, 644-6399; Citizens Humane Commissioners Goldberg and Ober.
a. Councilmember Spring Information Report (dated November 16)
Contact: Dona Spring, Councilmember District 4, 644-6266
b. Councilmember Woolley Report (dated November 16)
Recommendation: Establish an Affordable Spay/Neuter Program for all Berkeley dogs and cats, begin a strong outreach and educational program to support responsible pet ownership, and collect data to be used as the basis for setting goals and priorities.
Contact: Diane Woolley, Councilmember District 5, 644-6294

25. Zoning Appeal of Use Permit 99-20000051 - 944 Fresno Avenue
a. Appeal filed by Paula Baker and David Nahman-Ramos regarding a State of California approved Use Permit by virtue of the State Permit Streamlining Act (due to the City failing to act on a project within 60 days of the date it was accepted as complete), to add approximately 770 square feet to an existing 1,900 square foot, two-story, single family dwelling at 944 Fresno Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report (dated October 12)
Recommendation: Schedule this matter for a public hearing.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
c. City Manager Report (dated November 16)
Recommendation: Adopt a Resolution approving Use Permit 99-20000051 to allow a major residential addition at 944 Fresno Avenue, based upon the findings and conditions of approval, and dismissing the appeals.
Contact: Liz Epstein, Planning and Development, 705-8105
d. Communications from October 12:

e. Communications for November 16:

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

26. Increase Rates for 96-Gallon Refuse Carts and Cleaning and Pickup for Bins (to be delivered)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution re-establishing existing Refuse Collection Districts, fixing and establishing rates for the collection of refuse in Berkeley, and rescinding Resolution No. 50,788-N.S.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

27. Final Design of 2116 Allston Way ("GAIA Project")
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105

28. Unclaimed Spay/Neuter Fees (to be delivered)
From: City Manager
Contact: Dash Butler, Police, 644-6568

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. Regarding proposed Spay/Neuter Ordinance:

2. Rachael Rupert, Berkeley Chamber of Commerce, regarding sidewalk and median strip signs.

3. Newspaper article regarding Hot Dip Galvanizing Building at 725 Gilman Street.

4. Diane Hamilton, regarding verbal and physical abuse and favoritism at the Berkeley Women's Shelter at 1940 Dwight Way.

5. Concerned property owner, regarding property at 2611 Hillegass and 2526 Ellsworth, 2201 Blake and 2426, 2430 Fulton.

6. Ellen Garvey, Executive Officer, Air Pollution Control Officer, responding to Council's request of September 14 concerning health risks resulting from specific air pollution sources located in the vicinity of Pacific Steel Casting facilities.

7. Zelda Bronstein, regarding press attack on West Berkeley Plan

8. Brian de Vallance, Director, U.S. Department of Justice, responding to Council action of September 14th regarding proposed state legislation to collect data, by race, on traffic stops.

9. Pamela Sihvola and Gene Bernardi, Co-chairs, Committee to Minimize Toxic Waste, regarding transmittal of the Community Environmental Advisory Commission's resolution supporting inclusion of members of the public at the Lawrence Berkeley National Laboratory's Environmental Restoration Program Quarterly Meetings.