REGULAR BERKELEY CITY COUNCIL MEETING
TUESDAY, DECEMBER 7, 1999

AGENDA

Roll Call: 7:05 p.m.

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

• Proclamation: Honoring the Carvalho Family

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. 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. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) November 9, 1999 (regular); and b) November 16, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Ordinances for Second Reading
(First Reading Vote - Ayes: unanimous; Absent: Shirek, Dean):
a. Adding BMC Section 7.20.048 to provide for refunds of residential refuse fees.
(First Reading Vote - Ayes: unanimous; Absent: Breland):
b. Repealing and reenacting BMC Chapter 9.60 to provide for non-exclusive franchises for rubbish collection and transportation and amending Section 12.32.010 to add certain definitions.
(First Reading Vote - Ayes: unanimous; Absent: Breland):
c. Amending BMC Sections 9.04.176 and 9.04.240 to require private rubbish haulers to enter into nonexclusive franchise agreements, exempting them from tax rates applicable to "private rubbish haulers", and allowing them to pay only the tax rate applicable to private recycling rubbish haulers.
Contact: Sherry M. Kelly, City Clerk, 644-6480

4. Public Liability Claim: Gwen Ducksworth
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney to settle Public Liability Claim 99-131C, in the matter of Gwen Ducksworth for $15,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Amend Firearms and Munitions Dealers Regulations (CR 99-86)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.72 - Firearm Dealers, to broaden and/or clarify: a) definition of a firearm, b) application requirements, c) inspection process, d) grounds for revocation of a permit, e) on-site security requirements, f) conditions of holding the permit, and g) permit renewal process; and to add a severability clause.
Contact: Manuela Albuquerque, City Attorney, 644-6380

6. First Quarter Appropriation Ordinance Amendment
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Appropriation Ordinance No. 6502-N.S., increasing Net Appropriations by $54,094,365.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

7. Contract: Downtown Revitalization
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $207,000 of Downtown Business Improvement District (BID)-generated funds to support Downtown revitalization in the year 2000.
Contact: Bill Lambert, Economic Development, 705-8180

8. Findings for 725 Gilman Street (to be delivered)
From: City Manager
Recommendation: Adopting a Resolution adopting findings regarding Council's decision of November 2, 1999, reversing the Landmarks Preservation Commission designation of 725 Gilman ("Hot Dip Galvinizing") building as a Structure of Merit

9. Findings for 1172-1174 Arch Street (to be delivered)
From: City Manager
Recommendation: Adopting a Resolution adopting findings regarding Council's decision of November 2, 1999, reversing the decision of the Zoning Adjustments Board denial of a Use Permit with findings to Applicant, Peter Coney, to intensify an existing non-conforming duplex by constructing a three-story, 1,260 square foot addition onto the rear of an existing structure at 1172-1174 Arch Street and upholding the appeal.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

10. Contract: City-Wide Inventory of Public Trees
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ACRT, Inc. in an amount not to exceed $149,158, for conducting a computerized inventory of public trees for the period December 10, 1999 through June 30, 2001.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

11. Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Page Street, Fourth Street through Tenth Street, San Pablo Avenue, Kains Avenue, Stannage Avenue and Cornell Avenue; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $733,861 for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

12. Contract: Voice/Data Cabling for Public Safety Building (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the responsive low bidder in an amount not to exceed $200,000, to provide voice/data cabling in the Public Safety Building to accommodate the Citywide Telecommunications System for the period December 1999 to May 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580

13. Support Designating Oakland Building as the "Ronald V. Dellums Federal Building"
From: Vice Mayor Shirek, Councilmembers Spring and Breland
Recommendation: Request the City Manager write a letter on behalf of Council and Berkeley citizens to President Clinton, Federal legislators, and David Barram, Administrator of General Services Administration urging: 1) implementation of Public Law 106-13 by affixing the legal designation "Ronald V. Dellums Federal Building" using one or both of the spandrels at the Federal Building at 1301 Clay Street in Oakland, as was passed in Public Law 106-13 by the 106^th Congress and signed by President Clinton; and 2) protesting Region 9 Administrator, Mr. Kenn Kojima's refusal to administer this legislation.
Contact: Dona Spring, Councilmember District 4, 644-6266

14. Preserving Small Businesses
From: Councilmember Maio
Recommendation: Direct the City Manager review possible legislative means by which Berkeley might restrict the proliferation of large chain stores and favor locally-serving small businesses using the resources described and any other means, and forward findings and recommendations to the Planning Commission who would report back to Council.
Contact: Linda Maio, Councilmember District 1, 644-6359

15. Santa Fe Right-of-Way
From: Councilmember Maio
Recommendation: Direct the City Manager to discontinue any further activity with reference to the selling or disposal of property along the Santa Fe Right-of-Way (SFROW) until an assessment and inventory of the remaining open sections of the SFROW have been completed and this project can be considered in the context of a larger planning process.
Contact: Linda Maio, Councilmember District 1, 644-6359

16. Presentation on Recent Earthquakes in Turkey
From: Councilmember Maio
Recommendation: Schedule 20 minutes at a future meeting to allow Dr. Murat Karaca of the Lawrence Berkeley National Laboratory's (LBNL) Engineering Division to present his findings and slides on the recent earthquakes in Turkey.
Contact: Linda Maio, Councilmember District 1, 644-6359

17. Growing, Disseminating, and Marketing Products Containing Genetically-Engineered Organisms
From: Vice Mayor Shirek and Councilmember Maio
Recommendation: Adopt a Resolution supporting the establishment of Federal legislation banning the growing, disseminating, and marketing of products containing genetically-engineered organisms until they have been proven safe for human consumption and the environment.
Contact: Dale Bartlett, Councilmember Shirek's Office, 644-6243

18. Funding for Break the Cycle
From: Councilmembers Maio and Breland
Recommendation: Adopt a Resolution allocating $30,000 for the highly successful after-school program "Break the Cycle" (BTC) for completion of its first and fifth grade program materials.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400

19. Drop Charges Against Kahlil Jacobs-Fantauzzi
From: Councilmembers Maio, Breland, Spring, Worthington
Recommendation: Direct the City Manager transmit a letter on behalf of the City Council to the Alameda County District Attorney that Council requests that charges leveled against Kahlil Jacobs-Fantauzzi be dropped, to include information about the basis for this request as stated in this report, and establish a dialog between youth leaders and the Berkeley Police Department.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266; Contact: Kriss Worthington, Councilmember District 7, 644-6398

20. Mandatory Automatic Gas Shut-Off Value on Residences and Businesses
From: Vice Mayor Shirek and Councilmember Breland
Recommendation: Direct the City Manager prepare a plan investigating the feasibility of mandatory automatic gas shut-off valves on Berkeley residences and businesses, and report back in 90 days.
Contact: Dale Bartlett, Councilmember Shirek's Office, 644-6243

21. Carbon Monoxide Poisoning
From: Mayor Dean
Recommendation: Request the City Manager: 1) investigate the need to upgrade the existing building code requirements for multi-unit housing to include the installation of carbon monoxide monitors; 2) immediately notify apartment owners of their requirement to provide heat and to ensure the safety of their units; 3) increase the enforcement of permit requirements for repair and/or installation of roofs, especially on multi-unit buildings, to ensure the work meets all safety codes, and to consider increased penalties where work was done that endangers the safety of residents; and 4) include steps to be published in the City Manager's Annual Report concerning how all residents can protect themselves from carbon monoxide poisoning.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

22. Excuse Mayor and Councilmember Olds from December 14 meeting
From: Mayor Dean and Councilmember Olds
Recommendation: Excuse Mayor Dean and Councilmember Olds from the December 14, 1999 Council meeting in order to attend the Project Impact Summit meeting on disaster-resistant communities, sponsored by FEMA, in Washington D.C. from December 12^th through December 16^th.
Contact: Barbara Gilbert, Mayor's Office, 644-6484

23. Seismic Retrofitting of Residential Multi-Story Buildings
From: 3x3 Committee on Housing
Recommendation: Adopt a Resolution requesting the Berkeley delegation going to Washington in December, meet with the Federal Emergency Management Administration (FEMA) to request funding made available by FEMA, be expanded for prevention to include seismic retrofitting of the most at-risk housing stock, namely soft-story multi-unit residential buildings; and direct the City Manager convene a meeting of the seismic technical advisory group and other appropriate technical advisors to develop and propose minimum code standards appropriate for retrofitting the most at-risk structures.
Contact: Linda Maio, Councilmember District 1, 644-6359; Max Anderson, Rent Board Commissioner; Stephen Barton, Housing, 644-6001
a. From: Councilmember Spring
Recommendation: Refer a letter from Jon Vicars, Elmwood Realty Investment, regarding the financial problems of retrofitting multi-unit buildings to the 3x3 Committee for discussion.
Contact: Dona Spring, Councilmember District 4, 644-6266

24. AB 212: Child Care and Development
From: Task Force on Child Care Compensation
Recommendation: Direct the City Manager send a letter to Governor Davis expressing disappointment in his decision not to appropriate funds for AB212, the California Compensation and Retention Encourage Stability Program (California CARES).
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

25. Coordination of Planning for Warm Pool
From: Commission on Disability
Recommendation: Request the City Manager: 1) coordinate planning efforts between the City, Berkeley Unified School District (BUSD) and the Warm Pool Committee; 2) encourage full participation of the Warm Pool Committee in the planning process; and 3) extend the contract of the consultant already working on the project for an additional 1.5 days per week to match the 1.5 days per week paid for by BUSD.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

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

27. Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road
a. Appeal filed by Ben White and Sharon F. Landes, from the decision of the Zoning Adjustments Board which approved a Use Permit with findings and conditions for the property located at 37 Mosswood Road, to allow a second dwelling where only a single residential dwelling is allowed, and to allow this unit without providing additional parking where each dwelling is required to provide one parking space per 1,000 square feet of gross floor area with a minimum of two spaces.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report (to be delivered)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communications from:
1. Ann Reid Slaby, Ph.D, Attorney at Law (2 letters)
2. Ina Cooper
3. Ben White and Sharon Landes, appellants
4. Janice Thomas, applicant
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.

28. Decision regarding Cable Television Rates and Charges for Basic Service Tier, Equipment and Installation (held over from November 2^nd meeting)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Rate Order for the City establishing the maximum permitted cable television rates that AT&T Cable Services can charge for the Basic Service Tier, equipment and installation, effective June 1, 1999.
a. City Manager Supplemental Report
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

29. Housing Trust Funds for Prince Hall Arms Senior Housing Project (held over from November 23^rd meeting)
From: City Manager
Recommendation: Receive report and consider a request to allocate up to an additional $598,091 from FY 2000 Housing Trust Fund (HTF) monies for the Prince Hall Arms, a 37-unit senior housing project located at 3132-38 Martin Luther King Jr. Way.
Contact: Stephen Barton, Housing, 644-6001

30. Establish Deadline for Waiving Liens for 2501 Haste Street (removed from consent by Mayor Dean and held over from November 23^rd meeting)
From: Councilmember Worthington
Recommendation: Request the City Manager review if there are any legal impediments to the City establishing a deadline for exercise of the waiving of liens for 2501 Haste Street. If a deadline is legally permitted, then have the City Manager suggest feasible deadlines, and review whether to initiate a contract clearly stating the City’s requirements for waiving the liens.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

31. Actions Related to Harrison Street Playing Fields Project (CR 96-044)
From: City Manager
Recommendation: 1) Adopt a Resolution approving the Mitigated Negative Declaration and Mitigation and Monitoring Program for the Harrison Street Playing Fields and the Codornices Creek Improvements Project; 2) Adopt first reading of an Ordinance authorizing the City Manager, in order to develop public recreational facilities, execute a purchase agreement with the University of California, along with escrow instructions and all other documents required to purchase the real property bounded by Codornices Creek, 5^th Street, Harrison Street, and the Union Pacific Railroad, in an amount not to exceed $2,875,000, including all related escrow fees and closing costs; and 3) Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.18.010, Expenditure Limitations, and adding Chapter 7.19 to provide that development of recreational facilities by non-profit organizations shall not be subject to otherwise applicable competitive bidding procedures, provided the total development costs of each such facility does not exceed $2,000,000 and that Council approves by a separate Resolution each development contract with the non-profit organization.
Contact: Weldon Rucker, Deputy City Manager; Fred Medrano, Health and Human Services, 644-6459; Lisa Caronna, Parks and Waterfront, 644-6943

32. Extending Deadline on Effectiveness of the West Berkeley Redevelopment Plan
From: City Manager
Recommendation: 1) Adopt a Resolution certifying a Negative Declaration for extending the termination date for the effectiveness of the West Berkeley Redevelopment Plan; and 2) Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 12.94.010.D and 12.94.010.E, West Berkeley Redevelopment Plan, by extending the Plan's effectiveness deadline from December 31, 2002 to January 1, 2009.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

33. Measure G Projects - Saltwater Fire Fighting System
From: City Manager
Recommendation: Direct the City Manager to: a) Terminate work on the salt water fire fighting system; b) Terminate work on the cistern project; c) Proceed with the necessary actions to purchase the Cragmont water storage tank from EBMUD, and secure access to water contained in existing EBMUD tanks and reservoirs; and d) Endorse plan to provide city-wide fire fighting capabilities by seeking financing alternatives.
Contact: Reginald Garcia, Fire Chief, 644-6665
a. Citizens Budget Review Commission
Recommendation: That the current shortfall in project funding is not insurmountable. However, the Citizens Budget Review Commission (CBRC) cannot recommend that the Council make-up the funding shortfall for the Saltwater System at this time. The CBRC recommends instead that the City develop a comprehensive city-wide fire protection plan and, subsequently, develop a funding plan which takes into consideration available Measure G Bond funds, and report such plan back to Council as appropriate.
Contact: Phil Kamlarz, Secretary, 644-6580

34. Off-Street Parking Fees (to be delivered)
From: City Manager
Recommendation: Receive a report on options regarding special event parking fees at City lots including consideration of reducing or eliminating special event parking fees; and consideration of increases on all day parking and other options.
Contact: Frances David, Finance, 644-6476

35. Commission on Children (CR 99-088)
From: Task Force on Child Care Compensation
Recommendation: Adopt a Resolution establishing a Commission on Early Childhood Education and authorizing Council to make appointments pursuant to the Fair Representation Ordinance (Berkeley Municipal Code sections 2.04.030 through 20.04.130).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: 1) Request Staff work with existing commissions and work groups to intensify their focus on such concerns as quality child care, education, health and recreation especially for low-income families; 2) Refer citizens concerns regarding children to the Human Welfare and Community Action Commission (HWCAC), as its Mission Statement includes needs of family, children, youth and the aged, and that appointments be made to emphasize this aspect of the Commission; and 3) That the HWCAC work closely with the Youth Commission, Parks and Recreation, the Community Health Commission and other workgroups to coordinate the City's efforts on behalf of children; and 4) That tasks and responsibilities of the Task Force be assigned to the HWCAC who may develop a contract with a community-based organization to administer the training stipends.
Contact: Stephen Barton, Housing, 644-6001

36. Deborah Goldsberry, et al. (CR 99-124)
From: City Manager
Contact: Dash Butler, Police, 644-6568

37. Waiving Fees to Rescue Organizations
From: City Manager
Contact: Dash Butler, Police, 644-6568

38. Financial Support for Telegraph Area Association (CR 99-77)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180

39. Landmarks Preservation Commission Notices of Decision: 2295 Shattuck Ave. (Masonic Temple Building); 1808 5^th St. (Heywood House); 2605 Haste St. (Casa Bonita Apartments, 2036-2040 Shattuck Ave. (Kress Building); Area Bounded by Center St., Milvia St., Allston St. and Martin Luther King Jr. Way (Martin Luther King Jr. Civic Center Park); and 809 Delaware St. (Delaware Street Historic District)
From: City Manager
Contact: Sherry M. Kelly, City Clerk, 644-6480

40. Interim Update on Seismic Safety Activities (CR 99-117)
From: City Manager
Contact: Arrietta Chakos, City Manager's Office. 644-6580

41. Council Salaries - Annual Inflation Adjustment
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

42. Proposed Marijuana Ordinance (Kinder Safer Streets Act of 1999) (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. Bill Lockyer, State Attorney General, thanking Council for its action on October 12^th regarding Alta Bates-Summit merger.

2. Patrick Kennedy, Panoramic Interests, transmitting newspaper articles regarding defending his latest project at 2700 San Pablo Avenue, and why Berkeley needs to be progressive on smart growth.

3. L.A. Wood, regarding initial study and mitigated negative declaration for Harrison Street playing fields.

4. Regarding Spay and Neuter Ordinance:
a) Charles J. Berger, D.V.M., Campus Veterinary Clinic
b) Sylvia Schild
c) Bernadette McDonald-Smythe
d) Marie Mayfield
e) Lisa Carlson, Director of Client Services, Peninsula Humane Society
f) Paddy Berne, Secretary, Oakland Dog Training
g) Ellen Dimond, Director, Coalition for Humane Legislation

5. John Ceely, regarding defending Kahlil.

6. Kem Loong Sr. and Rosalyn Tung-Loong, responding to a letter from the City Manager regarding refuse collection backyard surcharge.

7. Saundrah Clark Grevious, regarding a negative article by the San Francisco Examiner/Chronicle regarding "Black Theater Faces Criticism" by Debra Levi-Holtz.

8. Rachel Rupert, Chief Executive Officer, Berkeley Chamber of Commerce, regarding creation of a new commission on UC affairs.

9. Gina Cummings, Physicans for Human Right, U.S. Campaign to Ban Landmines, regarding RADAM update.

10. Anne Marselis, Saint John's Neighbors, regarding pedestrian and auto traffic to and from Saint John's Presbyterian Church.

11. Meredith Cabe, Associate Counsel to the President, Washington, D.C., responding to Council action of September 14^th regarding the pardon application of Freddie Meeks.

12. Donna Burke, Executive Director, External Affairs, Pacific Bell, responding to Council action of September 14^th regarding providing immediate telephone repair service for people with disabilities.

13. Arthur Stopes, III, regarding notice of default.

14. John Vance, First Amendment Center, regarding KPFA/Mumia and other community information (additional pages on file for review in the City Clerk's Office).

15. L.A. Wood, regarding negative declaration for Harrison Street Playing Fields.