REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, FEBRUARY 16, 1999

 Preliminary Matters

Roll Call: 7:02 p.m.

Present: Councilmembers Armstrong, Breland, Maio, Olds, Spring, Woolley, Worthington, and mayor Dean.

Absent: Councilmember Shirek.

Comments from the City Manager :

The Cesar Chavez Park unleashed dog park opened February 16, 1999. The official opening and celebration will take place on February 27, 1999.

Comments from the Public: L. A. Wood, Daniel C. Burton and Joy Boronsky.

Action: Moved, seconded, carried (Breland/Maio; Absent - Shirek) to approve Consent Calendar items in one motion except as indicated.

Recommendation: Approve the minutes for Council meeting of February 2, 1999 (special).

Action: Approved minutes.

2. Ordinances for Second Reading:
a. Amending Berkeley Municipal Code Chapter 7.20 (Ordinance No. 5535-N.S.) to add Section 7.20.046 relating to refunds of specified sewer bill overpayments (Absent – Shirek).
Action: Adopted second reading of Ordinance No. 6477-N.S. (Absent – Shirek). Effective March 18, 1999.

b. Repealing Zoning Ordinance No. 3018-N.S. and Official Zoning Map; Berkeley Municipal Code Chapter 19.10 (Ordinance No. 413-N.S.), regulating tents and movable buildings; Berkeley Municipal Code Chapter 19.56 (Ordinance No. 5626-N.S.), regulating removal of rental units; and adopting a new Zoning Ordinance and Official Zoning Map (Noes - Worthington; Absent – Maio, Shirek).
Action: Adopted second reading of Ordinance No. 6478-N.S. ( Noes – Worthington; Absent – Shirek). Effective March 18, 1999.

3. Contract: Military Service Credit for Local Miscellaneous Employees
From: City Manager
Recommendation: Adopt a Resolution of Intention and first reading of an Ordinance to amend the contract with the California Public Employees Retirement System (CalPERS) to provide Military Service Credit as Public Service to local miscellaneous employees.
Action: Adopted Resolution No. 59,876-N.S. and adopted first reading of Ordinance. (Absent – Shirek). Second reading March 9, 1999.

4. Contract: Services Regarding Retiree Medical Benefit for Miscellaneous Employees and Selection of Third Party Administrator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with William M. Mercer, Inc. in an amount not to exceed $85,000, to provide technical services and advice on administration of the retiree medical benefit for miscellaneous employees including assistance on the selection of a third party administrator for all the City’s retiree medical benefits and to provide technical assistance on the City’s Deferred Compensation Plan.
Action: Adopted Resolution No. 59,877-N.S.

5. Public Liability Claim: Vera Dragilyova
From: City Manager
Recommendation: Adopt a Resolution authorizing the settlement of Public Liability Claim 98-159, Vera Dragilyova in the amount of $15,000.
Action: Adopted Resolution No. 59,878-N.S.

6. Payments for Managed Health Network Consulting Services
From: City Manager
Recommendation: Approve payments in an amount not to exceed $33,000 for Managed Health Network that provides consulting services to the Planning Department and the City Manager.
Action: Adopted Resolution No. 59,879-N.S.

7. Ordinance Covering Objects on Sidewalks
From: Councilmember Spring
Recommendation: Request that the sidewalk ordinance being developed by staff, contain standards for plant and flower containers and for benches being placed on the sidewalks by merchants that do not require a permit. In addition, examine ways to allow people to chain their bicycles to parking meters in areas where no bicycle racks exist.
Action: Approved recommendation adding that Council give flexibility to the City Manager to come back to Council if there are problems.

8. Phase Out AC Transit Diesel-Fueled Buses
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.
Action: Removed from the Consent Calendar by Councilmember Worthington and held over to February 23, 1999.

9. Budget Process Referral
From: Councilmember Spring
Recommendation: Refer a request for up to $25,000 to the 1999-2000 budget process to replace the play equipment at the Ohlone Park Tot Lot on Bonita Street.
Action: Approved the recommendation.

10. Preserving the Student Education Garden
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.
Action: Removed from the Consent Calendar by the City Manager and held over to February 23, 1999 for a staff report.

11. Elimination of Dioxin From the Environment
From: Mayor Dean
Recommendation: 1) Designate dioxin pollution as a high priority for immediate action to restore water, air, soil and food quality and protect public health; 2) Resolve that the City will work with other local governments on a regional task force to develop dioxin pollution prevention strategies; 3) Inform the Environmental Protection Agency (EPA) that it supports the EPA proposal to require community right-to-know reporting of dioxin
releases and that it supports the national Environmental Justice Advisory Committee’s advice to make dioxin pollution of San Francisco Bay a high priority under the Clean Water Act.
Action: Approved recommendation.

12. Reappointment of Vice Mayor
From: Mayor Dean
Recommendation: Adopt a Resolution reappointing Councilmember Maudelle Shirek as Vice Mayor for the City of Berkeley for the term ending November 30, 2000.
Action: Adopted Resolution No. 59,880-N.S.

13. Honoring June Jordan
From: Mayor Dean
Recommendation: Adopt a Resolution honoring June Jordan on the occasion of the publication of her twenty-fifth book and for her contributions to the Berkeley community.
Action: Adopted Resolution No. 59,881-N.S.

14. Scheduling Date for City Manager Evaluation
From: Mayor Dean
Recommendation: A date for closed session be established by the City Clerk to undertake the City Manager’s yearly evaluation.
Action: Approved recommendation.

15. Air Quality Evaluation of 1900 Addison Street
From: Councilmembers Woolley and Spring
Recommendation: Request the City Manager arrange to have an industrial hygienist conduct a study of the efficiency and adequacy of the heating and air conditioning systems at 1900 Addison Street; in addition, conduct air sampling to evaluate the air quality with respect to off-gassing from new furnishings, glues, carpeting, paint, solvents, other possible pollutants, molds and spores, etc.
Action: Approved recommendation.

S1. Memorandum Agreement: Social Services Union/SEIU Local 535
From: City Manager
Recommendation: Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with Social Services Union/SEIU Local 535 for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units G-1, G-3, I-A, I-B and L which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.
Actions: Adopted Resolution No. 59,882-N.S. and Resolution No. 59,883-N.S.

S2. Memorandum Agreement: Part-Time Recreation Leaders Assocation/SEIU Local 535
From: City Manager
Recommendation: Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with the Part-Time Recreation Leaders Association/SEIU Local 535 (PTRLA) for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units R-1 and R-2 which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.

Actions: Adopted Resolution No. 59,884-N.S. and Resolution No. 59,885-N.S.

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.
b. City Manager Report dated February 16, 1999 *
Recommendation: Continue the hearing on this matter to March 16, 1999.
c. City Manager Report dated January 26, 1999
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.
d. Communication from December 8, 1998:
1) Rena Rickles, Attorney on behalf of Berkeley Asphalt, applicant
Action: Public Hearing continued to March 16, 1999.

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.
b. 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.
c. City Manager Report dated January 12, 1999
Recommendation: Set a public hearing for February 16, 1999 to consider appropriate action on the Use Permit.
d. Communication from January 12, 1999:
1. Chris Thomas and other residents of 2455 Prospect St.
Public Testimony: The Mayor opened the public hearing. Six speakers heard. Moved, seconded, carried (Armstrong/Maio; Absent – Shirek, Woolley, Worthington) to close the public hearing. Decision to be made on February 23, 1999 on revised list of conditions of approval with more clarity of the number of rooms and number of people and consequences of non-compliance with conditions.

18. Black Repertory Group Update
Action: Moved to Action Calendar for February 23, 1999 by Councilmember
Worthington.

19. Off-Leash Dog Area in Cesar Chavez Park (CR 98-92)
Action: Received and filed.

Communications

1. Regarding Claremont Avenue proposal:
        a) Twenty-one identical postcards
        b) Anne Marselis, Saint John’s Neighbors

2. Mike Limon, 924 Gilman Street Project, regarding 924 Gilman St. Project. Breland

3. William Caldeira, regarding civil rights violations. Breland

4. Sheryl Kramer, regarding funding the Library Renovation Project. Breland.

5.    Lori Taguma, regarding Berkeley's Parking Citation Center. Spring, Breland, Dean, Maio, Woolley

Re: Item 2 – Ordinances for Second Reading – Zoning Ordinance

1. Merrilie Mitchell, 1612 Delaware Street Breland, Armstrong, Dean

2. Mike Limon, 924 Gilman Street Project, regarding 924 Gilman Street Project transmitting the following letters which are included in packet but not listed on agenda: Breland, Woolley

Alex Krallis, General Manager, Pyramid Alehous

Pat Watson, Owner, Allied Radiator

Mark Weinstein, Owner, Amoeba Music

Elizabeth McDonald, Mars Mercantile

Christopher Appelgren, President, Lookout! Records

Tara Thomas, Vice President, Pandora’s Books

Jane Taatjes, Lookout! Records

Ed Kirwan, Owner, Ed Kirwan Graphic Arts

Doug Harbo, Owner, Reliance Antiques

Nancy and Kamph Oui Tasoulinh, Happy Donuts

Doug and Teresa Harbo, Proprietors, Reliance Antiques

Anthony Tasoulinh, Manager, Happy Donuts

Greg Werts, Office Manager, SSM

Fahim, Owner, World----

Jo Treggiari, Owner, Dogday Records

Jim Widess, Owner, The Caning Shop

Linda Cohen, Owner, The Working Glass

Michael P. Rizzi, Rizzi Software Engineering

Jennifer N. Ohgi

Dena Sneider and Michael Thorman

Nicole Reader

Simon Hay

Laurence Roberts

Rachel Hill

Mikhail Zubovich, Innovus

J. Kate McGreevey

Liberty A. Lidz

Liz Binning

Vanessa Cordero

Jeff Robinson, Cotati

Gabriel Bereny

Marc Q. Digby

Erick Anderson

Eileen Honan

Angela Gembrin

Emily Newfield, Research Assistant, Department of Family and Community Medicine, UCSF

Jeremy Marin

Eli Messinger

Jeb Branin, Orientation Coordinator/Academic Advisor, Southern Utah University

Mark Morey

Joseph Selby, toyboat Industries

Ryan Bennett

Conrad Muller

Steve Rawles

Jen Mundy

Marija Marko Stojcic

Penny and Lindsay

John Kawakami

Scott Pierce

Tony Assimos

Vanessa Cordero

Patrick Smith

Eli Mondry-Cohen

Rolf Thompson

Sam Hunt

Mario Jimenez

J. Poet, Music Editor, Indian Artist Magazine

Jessica Kunzer

Chris Wells

Erin Rahel

Sean David Farnan

Debra Rolfe

Jackson Lo

Michael McClain

Chris Ames

Ana Moretto

Listing of 4,202 names

Petition with 443 names

Adjournment

The meeting adjourned at 8:25 p.m.