REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, APRIL 20, 1999

Roll Call: 6:57 p.m. All present.

Actions: Moved, seconded, carried (Worthington/Olds) to suspend Council rules and present Proclamation regarding anniversary of Peoples Park.

Moved, seconded, carried (Maio/Worthington) to suspend Council rules and present Proclamation honoring Joe Howerton.

Comments From The City Manager :

Berkeley Arts Festival begins April 21 and various related events will be occurring during the next month.

The Berkeley Tree Planting Project is now 80% completed.

Comments From The Public: Eleven speakers.

Action: Moved, seconded, carried (Breland/Worthington) to adopt the Consent Calendar in one motion except as indicated.

1. Ordinances for Second Reading:
a. Amending Traffic Ordinance - Berkeley Municipal Code Section 14.08.060 (d & e) making exemptions subject to the provisions of the Administrative Regulation on employee parking policies issued by the City Manager. (unanimous; absent – none)
Action: Adopted second reading of Ordinance No. 6482-N.S. Effective May 20, 1999.

b. Amending Berkeley Municipal Code Chapters 19.28.020 and 19.48.020 (Ordinance No. 6406-N.S.) Building and Fire Codes, to require retrofitting of dangerous and illegal bars on sleeping room windows by extending the period of the fee waiver to October 15, 1999. (unanimous; absent – none)
Action: Adopted second reading of Ordinance No. 6483-N.S. Effective May 20, 1999.

2. Contract: Community Services Block Grant (CSBG) Funding for Low-Income Residents
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept contract 99F-1902 from the State Department of Community Services and Development for Community Services Block Grant (CDBG) funding in the amount of $160,000 for Berkeley residents living at the Federal Poverty Level.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 59,983-N.S.

3. Revenue Agreement: Low-Income Energy Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue agreement and any amendments with the State Department of Community Services and Development in the amount of $13,440 to provide weatherization assistance for eligible residents in Berkeley, Albany, and Emeryville for the period April 1, 1999 through March 31, 2000.
Contact: Stephen Barton, Housing, 644-6001

Action: Adopted Resolution No. 59,984-N.S.

5. License Agreement: Cal Sailing Club
From: City Manager
Recommendation: Adopt a Resolution approving an application from the Cal Sailing Club for four berths at no charge for one year, and authorizing the City Manager to execute a license agreement and any amendments with Cal Sailing Club to operate a sailing business at the South Sailing Basin of the Berkeley Marina for $23,820 over a period of five years.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 59,986-N.S. as amended.

6. Purchase Order Amendment: Security Services at Solid Waste Management Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the Purchase Order with ABC Security Services by $12,500 for an amount not to exceed $35,000 to June 30, 1999, for night and weekend security services at the Solid Waste Management Center.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,987-N.S.

7. Budget Referral: Crisis in Section 8 Housing
From: Councilmember Spring
Recommendation: Refer a request for $30,000 to the budget process to deal with the crisis in Section 8 housing.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Councilmember Olds and held over to April 27, 1999.

9. Establish Subcommittee of Council, School Board, and Landmarks Commission
From: Councilmember Spring
Recommendation: Support the unanimous recommendations from the Landmarks Commission to establish a subcommittee of the Council, School Board and Landmarks Commission to resolve issues with the design of the proposed Berkeley Unified School District (BUSD) sports complex building at Allston, Milvia and Bancroft.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Action: Removed from the Consent Calendar by Councilmember Maio and held over to April 27, 1999.

10. Retaining Services of Pedal Express
From: Councilmember Spring
Recommendation: Renew the contracts with Pedal Express to retain their current services and delivery of some of the City’s mail service, and direct the City Manager and unions to recommend another solution for a displaced City employee.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Action: Removed from the Consent Calendar by Councilmember Spring and held over to April 27, 1999.

11. Lawsuit Against the Internet Tax Commission
From: Mayor Dean
Recommendation: Request the City Manager explore the City joining the lawsuit against the Advisory Commission on Electronic Commerce.
Contact: Jennifer Drapeau, Mayor’s Office, 644-6484
Action: Approved recommendation.

12. Commemorating Children Who Died By Violence
From: Mayor Dean
Recommendation: Join the County and other Alameda County cities at 12:00 Noon on April 23, 1999 by flying the Children’s Memorial Flag or by lowering our City’s flags to half-mast in memory and recognition of the 136 Alameda County children and children across the United States who have died by violence.
Contact: Tamlyn Bright, Mayor’s Office, 644-6484
Action: Approved recommendation.

13. Endorsement of Boycott of Gasoline on April 30, 1999
From: Mayor Dean
Recommendation: Adopt a Resolution endorsing the boycott of gasoline on April 30, 1999 and urging Berkeley citizens to participate by not purchasing gasoline on that date.
Contact: Shirley Dean, Mayor, 644-6484
Action: Adopted Resolution No. 59,988-N.S.

14. Support AB 270: Automated Teller Machine Surcharges
From: Councilmember Worthington
Recommendation: Support California State Senate Bill AB 270 which would amend Section 13080 of the Financial Code relating to automated teller machine surcharges.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

15. Proclamation: Joe Howerton
From: Councilmember Shirek
Recommendation: Approve a proclamation for Joe Howerton for serving eight years on the Zoning Adjustments Board.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243
Action: Removed from the Consent Calendar and presented Proclamation as a Ceremonial item.

16. Budget Referral: Young Artists Work Space Project
From: Councilmember Maio
Recommendation: Refer a request for $13,000 to the budget process for the Young Artists Work Space (YAWS) Project.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

17. Budget Referral: Berkeley Community Gardening Collaborative
From: Councilmember Maio
Recommendation: Refer a request for $17,500 to the budget process for continued funding of the Berkeley Community Gardening Collaborative (BCGC).
Contact: Linda Maio, Councilmember District 1, 644-6359

Action: Approved recommendation. (Noes – Olds)

18. Present Donation to Berkeley High School Jazz Ensemble (to be delivered)
From: Councilmember Maio
Recommendation: From: Councilmember Maio
Recommendation: Approve a ceremonial presentation at the Council meeting of April 27, 1999 to present a donation of $1,000 to he Berkeley High School Jazz Ensemble to help fund its trip to Japan in June 1999.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

19. Safety Members’ Pension Fund Audit Ending June 30, 1998
From: City Auditor
Recommendation: Accept the Safety Members’ Pension Fund Audit Report for Fiscal Year 1997-98; and request the City Manager report on implementation of the audit recommendations at the October 19, 1999 Council meeting.
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Approved recommendation

20. Amend Moratorium on Removal of Coast Live Oak Trees Ordinance
From: Parks and Recreation Commission
Recommendation: Adopt first reading of an Ordinance amending Ordinance No. 6321-N.S., Moratorium on Removal of Coast Live Oak Trees, to allow the one-time removal of four young Coast Live Oaks for the purposes of restoring or maintaining public view corridors at the Berkeley Rose Garden.
Contact: Jay Kelekian, Secretary, 644-6952
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission and, after consulting with the City Attorney, has drafted proposed language amending Ordinance No. 6321-N.S., which will implement the recommendation of the Commission.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted first reading of Ordinance. Second reading April 27, 1999.

21. Continued Public Hearing Regarding Zoning Appeal of Use Permits 3033 and 3681 – 699 Virginia Street (Berkeley Asphalt) (see agenda packet of January 26, 1999 for written material)

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
Recommendation: Continue the hearing on this matter to May 18, 1999.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Breland/Olds) to continue the public hearing to May 18, 1999.

22. Public Hearing: Extending Residential Permit Parking
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on McGee Avenue on the east side between Bancroft Way and Channing Way; Milvia Street on the west side between Parker and Carleton; Virginia Street on both sides between McGee Avenue and California Street; Acton Street on the east side between Cedar Street and Keoncrest Drive; and Acton Street on the west side between Cedar Street and Tomlee Drive.

Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
a. Communications from:

1. Petition signed by six residents of McGee Avenue
2. Colleen Mahoney
Public Testimony: The Mayor opened the public hearing. No speakers. Moved, seconded, carried (Maio/Armstrong) to close the public hearing.

Action: Council decision on April 27, 1999.

23. Public Hearing: Tuolumne Camp Fees
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution approving an increase in Tuolumne Camp fees for Fiscal Year 1999-2000 and Fiscal Year 2000-2001, effective July 1, 1999, and rescinding Resolution No. 58,797-N.S.
Contact: Fred Medrano, Health and Human Services, 644-6459

Public Testimony: The Mayor opened the public hearing. No speakers. Moved, seconded, carried (Maio/Armstrong) to close the public hearing.

Action: Moved, seconded, carried (Maio/Armstrong) to adopt Resolution No. 59,989-N.S.

24. Public Hearing: Amendment to Bayer Development Agreement and Adoption of Mitigated Negative Declaration
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, continue the decision to May 11, 1999 for certification of a Mitigated Negative Declaration and first reading of an Ordinance authorizing the City Manager to execute a First Amendment to the Development Agreement between the City of Berkeley and the Bayer Corporation (formerly Miles, Inc.).
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communication From:
1. Bob Howard
Contact: Sherry M. Kelly, City Clerk, 644-6480

Public Testimony: The Mayor opened the public hearing. Sixteen persons heard. Moved, seconded, carried (Maio/Armstrong) to close the public hearing.

Action: Moved, seconded, carried (Breland/Armstrong) to make the decision on April 27, 1999 and request reports from the Parks and Recreation Commission regarding any action taken at its April 26, 1999 meeting related to the proposal and from Bayer regarding the number of animals used for research.

24. Public Hearing: Zoning Appeal of Use Permit 98-20000248– 1812 Rose Street
a. City Manager Report dated April 20, 1999
Recommendation: Adopt a Resolution reversing the decision of the Zoning Adjustments Board denying a Use Permit to Jerome McShane, applicant, for construction of a major residential addition and extension of an existing non-conforming front yard encroachment of 12-feet 6-inches where 20 feet is required at 1812 Rose Street.
Contact: Liz Epstein, Planning and Development, 705-8105
b. City Manager Report dated March 9, 1999
Recommendation: Schedule the matter for a public hearing.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communications from March 9, 1999:
1. Peter Wolfgang Behn, AIA, Architect and Jerome McShane, applicant

2. Jerome T. McShane

d. Communication for April 20, 1999:
1. Jerome T. McShane
2. Miles Karpilow

3. Evan and Christy McDonald

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

Public Testimony: The Mayor opened the public hearing. Four persons heard. Moved, seconded, carried (Armstrong/Breland) to close the public hearing.

Action: Council decision on April 27, 1999.

25. Public Hearing: Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), General Fund (GF), Community Services Block Grant (CSBG) and Consolidated Plan Update for 1999-2000 Fiscal Year
a. City Manager Report Regarding CDBG and ESG Programs
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution to: a) approve City Manager’s final funding recommendations and budget for the CDBG and ESG programs; b) authorize the allocation of up to $100,000 to the Berkeley Ecumenical Ministries Foundation from Fiscal Year 1999-2000 CDBG funds savings from City projects; c) authorize the City Manager to contract with agencies receiving funding, and authorize conditional two-year contracts with community agencies in the public services category; d) allocate $125,000 in Federal HOME monies to continue the First Time Homebuyers Program and uses $125,0000 in CDBG funds to replenish the HOME monies in the Housing Trust Fund; e) allocate $76,000 in HOME monies to administer the HOME Program; f) re-allocate $20,000 in Fiscal Year 1999-2000 General Funds from the Rental Rehabilitation Program to the Berkeley Youth Alternative’s Garden Patch Program; g) authorize the City Manager to submit the Fiscal Year 1999-2000 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME Program funding, and to execute the resultant agreements for the 1999-2000 CDBG and ESG funds; and h) refers projects to the General Fund budget allocation process which the Housing Advisory Commission recommended for General Funds because of insufficient CDBG monies.
Contact: Stephen Barton, Housing, 644-6001
b. City Manager Report Regarding GF and CSBG Funding
Recommendation: 1) Adopt a Resolution authorizing the City Manager to execute contracts with certain community agencies for General Fund/Community Services Block Grant funds to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and authorizing contractors to receive a two-month advance payment; and 2) Referring to the budget process the additional allocation of $310,726 for the funding of certain community agencies.
Contact: Stephen Barton, Housing, 644-6001
c. Housing Advisory Commission Report
Recommendation: Approve the Commission’s recommendations for the Fiscal Year 1999-2000 CDBG and ESG Program as shown in Exhibit 1 of Attachment A of the City Manager’s Report.
Contact: Oscar Sung, Secretary, 644-6001
d. Human Welfare and Community Action Commission Report
Recommendation: Adopt two Resolutions to: 1) authorize the City Manager to execute contracts with certain community agencies for General Fund/Community Services Block Grant funds to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and authorizing a two-month advance payment to contractors; 2) authorize the City Manager to add $310,726 General Fund money to the budget to fund certain community agencies to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and execute contracts with recommended community agencies.
Contact: Marianne Graham, Secretary, 665-3475
e. Commission on Disability Report
Recommendation: Approve $25,000 funding for Through the Looking Glass, as part of the Community Services Block Grant/General Fund allocations for the upcoming year, Fiscal Year 1999-2000.
Contact: Eric Dibner, Secretary, 665-3440

Public Testimony: The Mayor opened the public hearing. 53 persons heard. Moved, seconded, carried (Maio/Spring) to close the public hearing.

Action: Council decision on May 11, 1999.

26. Public Hearing: Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission (LPC) Appeals of 1730 La Loma Avenue
a. City Manager Report dated April 20, 1999 (to be delivered)
Recommendation: Adopt three Resolutions as follows: 1) Adopt one Resolution approving Use Permit #98-10000058 to construct a roof deck and rooftop walkway at 1730 La Loma Avenue, modification of Finding #2 and elimination of Condition #1 (to eliminate the need for LPC review) and the addition of two conditions to ensure safety and lack of nuisance problems as follows: a) verified complaints shall be cause for ZAB to review the project in six months, and b) the deck shall not be used after 10 p.m. or before 8 a.m. by anyone; and 2) Adopt two Resolutions affirming the LPC decisions designating 1730 La Loma avenue as a landmark, and overturning the LPC decision to deny the alternation permit to construct a roof deck and rooftop walkway.

Contact: Liz Epstein, Planning and Development, 705-8105
b. One Zoning Adjustments Board Appeal filed by Daniella Thompson and James Sharp, of the Zoning Adjustments Board decision approving Use Permit 98-10000058 to modify a building of non-conforming height (four stories where a maximum of three is permitted) to construct a deck and roof top walkway at the fifth floor level for the property located at 1730 La Loma Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480
c. Two Landmark Commission Appeals filed by Alexander Gross and a petition containing 92 signatures from the decisions of the Landmarks Preservation Commission’s designation of 1730 La Loma Avenue (Kingman Hall, Toad Hall, Abracadabra Fraternity, Theta Xi Fraternity House, the Living Love Center): 1) as a Berkeley landmark; and 2) denial of a roof deck permit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
d. City Manager Reports dated March 16, 1999
e. City Manager Reports dated March 9, 1999
f. City Manager Report dated December 8, 1998
g. Communications dated March 9, 1999 from:

1. Sean Lightholder, House Manager, Kingman Hall

2. Daniella Thompson and Jim Sharp

3. Stephen Yeh, Kingman Hall

h. Communications dated March 16, 1999 from:
1. Anne Marselis, Secretary, St. John’s Neighbors
2. James M. Sharp and Daniella Thompson

i. Communications dated April 20, 1999 from:
1. Jim Sharp and Daniella Thompson
2. Anne Marselis, Saint John’s Neighbors
3. Doris E. Willingham
4. Carl Wikander, President, Berkeley Architectural Heritage Assn.
5. Joel ben Izzy
6. Nicholas Burgoyne
7. Nancy Holland

Contact: Sherry M. Kelly, City Clerk, 644-6480
Public Testimony: The Mayor opened the public hearing. 21 persons heard. Moved, seconded, carried (Maio/Spring) to close the public hearing.

Action: Council decision on April 27, 1999.

27. Establish Task Force on Animal Care and Control Policy
From: Mayor Dean and Councilmembers Spring and Olds
Recommendation: 1) Adopt a Resolution establishing a temporary one-year Animal Care and Control Policy Task Force and appointing Mayor Dean, Councilmembers Spring and Olds, two members of the Citizens Humane Commission and a staff representative selected by the City Manager. Task Force to: a) assess current City policies, programs and facilities for the care and control of stray animals, including how such services are delivered within the City’s organization, b) study potential impacts on existing programs and facilities from new State legislation such as the Hayden Bill and others, c) identify future private funding opportunities and possible private/public partnerships, and d) develop policies which will update City services and programs to comport with recent State legislation, best practices and humane considerations; 2) Refer to the City Manager the enactment of a temporary phone-before-kill policy and request a report back on April 20^th of staff’s response to the adoption of this temporary policy. Such policy to be in effect during the term of the Task Force, the enactment of a different policy, or a determination by the Council on the retention of the current policy regarding the euthanasia of stray animals; and 3) request the Task Force make an interim report back to the Council in no more than 60 days on the matter of a spay and neuter ordinance.
Contact: Shirley Dean, Mayor; Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399

City Manager Information Report (to be delivered)

Contact: Dash Butler, Police, 644-6568

Action: Moved, seconded, carried (Worthington/Olds) to refer the matter of the phone-before-kill policy to the Citizen’s Humane Commission.

Communications

1. Dr. Noel Krenkel, two letters regarding foul odor and aircraft noise in the neighborhood. Maio

2. Juan Qian, regarding use of an elementary school playground for housing. Olds

3. The Pedal Express, regarding choosing pollution over environmental solution.

4. Ken Norwood, Executive Director, Shared Living Resource Center, Inc., regarding East Bay Bridge.

5. Susan Cerny, regarding proposed design of new building at Center Street and Shattuck Commons.

6. R.H. Matzke, President, Chevron Overseas Petroleum, Inc., regarding allegations leveled at Chevron.

7. Frances L. Hillyard, regarding Mumia March.

8. Daniella Thompson and James Sharp, regarding PowerBar’s rooftop sign at 2150 Shattuck Avenue. Maio

9. Ray Wolfson, regarding protection from R.E. speculation and overbuilding. Maio

10. Carmia N. Caesar, Co-Director, Berkeley Village Educational Project, transmitting copies of Berkeley Unified School District letters regarding support for Berkeley Village Educational Project services. Spring

11. John Vance, First Amendment Center, regarding People’s Park.

12. Robert Lederman, President of A.R.T.I.S.T., regarding dismissing 1500 arrest cases.

13. William Caldeira, regarding courtesy code.

AND AGENDA REPORTS

Page Item/Subject/Description

Re: Item 4 – License Agreement: Cal Adventures’ Water Program

1. James Keene, City Manager, amendment to report

Re: Item 5 – License Agreement: Cal Sailing Club

2. James Keene, City Manager, amendment to report

Re: Item 8 – Establish Subcommittee of Council, School Board and Landmarks Commission

3. Daniel Abeyta, Acting State Historic Preservation Officer

4. Margaret Kavanaugh-Lynch, Secretary, Landmarks Preservation Commission

Re: Item 9 – Retaining Services of Pedal Express

5. Francis Many

6. Hank Resnik, President, Bicycle-Friendly Berkeley Coalition

7. Josephine Arasteh

8. Jonathon Kass

9. J. Kirk Thompson

10. Larry Chinn

11. Malcolm Margolin, Publisher, Heyday Books

12. 7 identical letters from: Gregory Sutter, Christopher Duran, Chuck Siegel, Caroline Bishop, Chris Nathan Burbridge, Philip Morton, Marcello Lanfranchi.

Item 23 – Public Hearing: Amendment to Bayer Development Agreement and Adoption of Mitigated Negative Declaration

13. Jeffrey S. Leiter, Chairman & C.E.O., M. K. Blake Estate Co.

14. Clifford Fred

15. Terry Monroe, Vice President Technical Operations, Bayer Corporation

Item 24 – Public Hearing: Zoning Appeal of Use Permit 99-20000248 – 1812 Rose Street

16. Marta De Pierris

17. R. D. Novario, M.D.

18. Jerome T. McShane

19. Hank Resnik

Re: Item 25 – Public Hearing: Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), General Fund (GF), Community Services Block Grant (CSBG) and Consolidated Plan Update for 1999-2000 Fiscal Year

20. Tony Leong, Jr., Ph.D., Executive Director, Asians for Job Opportunities in the Bay Area, Inc. (AJOB)

Re: Item 26 – Public Hearing: Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission (LPC) Appeals of 1730 La Loma Avenue

21. James Craig Healy

Adjournment

Meeting adjourned at 1:20 a.m. in honor of the students slain and injured in Littleton, Colorado.