BERKELEY CITY COUNCIL REGULAR MEETING

Roll Call: 7:08 p.m. Councilmember Breland absent.

• Shoreline Cleanup was held on Saturday September 18. Fifteen tons of trash were collected by approximately 800 participants.
• The How Berkeley Can You Be parade will take place Sunday, September 26.
• A report on Y2K assessment will be presented to Council in October.

Comments From The Public: Seven speakers.

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

1. Lawsuit Settlement: Roberto Garcia
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 808722-9 in the amount of $20,000 to Roberto Garcia.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,197-N.S.

2. Side Letter Agreement: SEIU Local 790
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with Service Employees International Union (SEIU) Local 790 to reestablish the roll off container truck salary differential in the amount of $1,184 per year, retroactive to June 28, 1998.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,198-N.S.

3. Donation for Oak Park
From: City Manager
Recommendation: Adopt a Resolution accepting a donation of $1500 from Prudential California Realty and Associates for landscape boulders and plaque to honor the local residents for their work and determination to revitalize Oak Park.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,199-N.S.

4. TIC Condominium Conversion: 2908 Deakin Street
From: City Manager
Recommendation: Adopt a Resolution approving Final Map of Tract 7072, conversion of an existing five-unit Tenancy-in-Common (TIC) Project at 2908 Deakin Street to five condominium units.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,200-N.S.

5. Spare the Air Campaign
From: City Manager
Recommendation: Adopt a Resolution committing the City of Berkeley to participate in the "Spare the Air City and County" campaign by educating and notifying its employees of Spare the Air days, and educating Berkeley residents about the Spare the Air campaign via the local community cable television station.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,201-N.S.

6. Open Market Purchase: Police Furniture
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate in the open market for the purchase of used or refurbished modular furniture for use in the new Public Safety Building at a reasonable price in an amount not to exceed $125,000 from one or more vendors.
Contact: Dash Butler, Police, 644-6568
Action: Adopted Resolution No. 60,202-N.S.

7. Expenditure for Temporary Employment Agency
From: City Manager
Recommendation: Adopt a Resolution approving a Fiscal Year 1999 expenditure of $116,000 to Appleone Temporary Employment Agency for Police Department services.
Contact: Dash Butler, Police, 644-6568
Action: Adopted Resolution No. 60,203-N.S.

8. Berth and Waiving Visitor Fees for Bay Area Association of Disabled Sailors
From: City Manager
Recommendation: Adopt a Resolution a) granting the Bay Area Association of Disabled Sailors (BAADS) a free berth worth $1,713, up to 28 feet in length at F and G Docks contingent upon obtaining a boat to permanently dock at the Marina; and b) waiving visitor fees in the amount of $8.40 per day for BAADS while attempting to obtain an additional boat.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,204-N.S.

9. Cellular Phone Use in Automobile Accident Reports
From: Mayor Dean
Recommendation: Request our Sacramento Legislators to introduce legislation requiring the California Highway Patrol to include information in their accident reports about cellular phone use and requiring the Department of Motor Vehicles' annual summary of motor vehicle accidents to include the same information; and request the City Manager inform our lobbyist of Council's action.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

10. School Drop Off Plans
From: Mayor Dean
Recommendation: Explore the feasibility of requiring every school, public and private, to file with the police and traffic departments a written plan for the drop-off and pick up of their children.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

11. Civic Center Parking
From: Mayor Dean
Recommendation: Refer to the City Manager a proposal to call for a Request-for-Proposals (RFP) that would result in a study of providing parking for the Civic Center area only; that the study include parking for users of and visitors to the Civic Center Building, on-duty users of the Public Safety Building, School District employees and visitors to the High School and Court House employees and visitors; that the City Manager enter into discussions with the School District and County to jointly fund such a study and process that could result from a RFP; that discussion of the RFP scope of work be referred to a temporary committee of the Mayor, Councilmember Spring, the President of the School Board, and a representative from the Landmarks and Transportation Commissions, and BAHA, and two representatives from the MAGNA neighborhood; and that the City Manager return to Council as soon as possible for approval of any actions necessary to implement this item.
Contact: Shirley Dean, Mayor, 644-6484
Action: Withdrawn by Mayor Dean.

12. Support AB 406: Telephone Area Code Proliferation
From: Mayor Dean
Recommendation: Support AB406 which requires a PUC study on issues pertinent to area code proliferation and prohibits the implementation of new area codes until the study is completed and findings are made, makes legislative findings about the detrimental effects of area code proliferation and calls on the PUC to exercise all of its powers to impede this proliferation, requires the PUC to improve the allocation of telephone prefixes, and improves the likelihood that telephone corporations must return blocks of unused telephone numbers; and immediately notify the Governor of this support.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

13. Support AB 39 and SB 41: Women's Contraceptive Equity Act
From: Councilmember Olds and Mayor Dean
Recommendation: Support AB39 and SB41, Women's Contraceptive Equity Act regarding insurance policies that include prescription plans must also provide coverage for FDA approved prescription contraceptives and send a letter to Governor Davis urging his signature.
Contact: Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

14. Oxford Parking Lot Fee Increase (to be delivered)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution No. 57,678-N.S. increasing parking fees at Oxford Street Parking Lot by providing for a daily maximum of $15 per day and increasing special event fees for basketball and football to $25 per day.

Contact: Frances David, Finance, 644-6476
Public Testimony: The Mayor opened the public hearing. No persons heard.
Action: Moved, seconded, carried (Armstrong/Maio; Noes - Spring, Worthington; Absent - Breland) to continue the public hearing to October 19, 1999 based on a request by the University; and to request the City Manager provide a report to be included in the public hearing on options which would set a schedule of nighttime fees for downtown lots.

15. 1999 Local Law Enforcement Block Grant for Patrol Officers
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) authorizing the City Manager to submit an application for $319,483 in Federal funds from the 1999 Local Law Enforcement Block Grant (LLEBG) Program to fund three patrol officer positions for a period of 24 months and executing any resultant agreement and amendments; 2) transfer $35,498 from the Police Department General Fund budget to cover the required local matching funds; and 3) establish a trust account for these funds until they are expended.
Contact: Dash Butler, Police, 644-6568
Public Testimony: The Mayor opened the public hearing. No persons heard. Moved, seconded, carried (Maio/Armstrong; Absent - Breland) to close the public hearing.
Action: Moved, seconded, carried (Maio/Olds; Absent - Breland, Worthington) to adopt Resolution No. 60,205-N.S.

16. Citizen's Option for Public Safety Grant for Youth Recreation and Service Programs in South and West Berkeley
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to accept $243,000 from the State of California, Citizen's Option for Public Safety (COPS) Program for youth recreation and service programs in South and West Berkeley.
Contact: Dash Butler, Police, 644-6568
Public Testimony: The Mayor opened the public hearing. Six persons heard. Moved, seconded, carried (Worthington/Maio; Absent - Breland) to close the public hearing.
Action: Moved, seconded, carried (Worthington/Maio; Absent - Armstrong, Breland) to adopt Resolution No. 60,206-N.S.

17. Five Gross Ton Weight Limit Petition
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt an Ordinance amending Berkeley Municipal Code Section 14.56.050, to add streets in the area bounded by Dwight Way, University Avenue, McKinley Avenue and Sacramento to be controlled with a five gross ton weight limit.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Public Testimony: The Mayor opened the public hearing. Three persons heard. Moved, seconded, carried (Spring/Olds) to close the public hearing.
Action: Moved, seconded, carried (Spring/Maio; Abstain - Armstrong, Olds, Worthington; Absent - Breland) to adopt first reading of Ordinance and to schedule Grant Street and the remaining portions of Allston Way and Addison Street for public hearing.

18. Creating 4-Way Stop at Intersection of Euclid/Virginia (to be delivered)
From: City Manager
Recommendation: Conduct a public hearing on whether to adopt a Resolution amending Section 20 of Resolution No. 56,502-N.S. by modifying Subsection 20e-24 to designate the intersection of Euclid/Virginia as a 4-way stop.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Public Testimony: The Mayor opened the public hearing. Eleven persons heard. Moved, seconded, carried (Maio/Worthington; Absent - Breland, Woolley) to close the public hearing.
Action: Decision to be made on September 28, 1999.

19. Amendment to Zoning Ordinance and Draft Negative Declaration
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 1) adopt a Resolution adopting a Negative Declaration; and 2) adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23, Zoning, to create a definition of Materials Recovery Enterprise, adding the use to the Mixed Use/Light Industrial Zone, and adding Material Recovery Enterprise use to the list of traditional West Berkeley uses protected from conversion into additional uses without benefit of a Use Permit.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Public Testimony: The Mayor opened the public hearing. Five persons heard. Moved, seconded, carried (Maio/Armstrong; Absent - Breland, Worthington) to close the public hearing.
Action: Moved, seconded, carried (Armstrong/Olds; Absent - Breland) to adopt Resolution No. 60,207-N.S. and to adopt first reading of Ordinance.

20. Modify Scope of Downtown Measure S Streetscape (held over from September 14, 1999)
From: City Manager
Recommendation: Adopt a Resolution approving the Planning Commission recommendation to modify the scope of the Measure S Downtown Streetscape Improvements Project to be consistent with the existing budget based on current cost estimates.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Actions: Moved, seconded (Spring/Worthington) the main motion to modify the plan to only cut down diseased trees and spread the lighting over more downtown area, and reserve $100,000 for lights on Addison Street and instruct staff to save additional trees.

Moved, seconded, carried (Armstrong/Olds; Noes - Shirek, Spring, Worthington; Absent - Breland) the substitute motion to adopt Resolution No. 60,208-N.S. approving the recommendation.

For the record: The Mayor stated that this compromise was reached previously and Council must honor the compromise reached by the Commissions and the public.

21. University Avenue Median Landscaping (CR 98-77)
From: City Manager
Contact: Lisa Caronna, Parks and Waterfront, 644-6970
Action: Moved to Action Reports for September 28, 1999 by Councilmember Olds.

22. Investment Report: Fourth Quarter Ending June 1999
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

Communications

The following were read, noted and filed unless referred to the City Manager.

1. Ronald Temple, Chancellor, Peralta Community College District, responding to Council's request to reinstate cancelled Merritt College classes at the North Berkeley Senior Center. Spring

2. John Shively, regarding Salt Water Fire Fighting System. Spring, Worthington

3. Regarding designating the intersection of Euclid/Virginia as a 4-way stop:
a. James T. Bretzke
b. Jim Burress
c. Hugh Wire
d. Vivian Ramstad
e. Mary Ann Donovan
f. Reverend Charles Montenat, Jesuit School of Theology
g. Prof. William O'Neill, Graduate Theological Union
h. Lorna Wallace McKeown
i. Dorothy Peterson
j. Kevin M. Bradt, Ph.D
k. Lorraine Zimmerman
l. Sandra M. Schneiders
m. George Murphy
n. John C. Endres, S.J.,
o. Anette and Fred Wilkinson
p. Michael Katz

4. Regarding adding streets to the five gross ton truck limit:
a. Jill Korte
b. Carrie Sprague

5. Patrick Kennedy, Panoramic Interests, transmitting articles regarding housing shortage in the Bay Area and housing crisis in Berkeley.

6. Gene Bernardi and Pamela Sihvola, Committee to Minimize Toxic Waste, regarding public review of appeals of Lawrence Berkeley National Laboratory's Permit Modification. Worthington

Supplemental Communications and Agenda Reports

Re: Item 11 - Civic Center Parking

1. Mayor Shirley Dean, revised report.

Re: Item 18 - Creating 4-Way Stop at Intersection of Euclid/Virginia

2. James T. Snow and Mark A. Koop

Re: Item 19 - Amendment to Zoning Ordinance and Draft Negative Declaration

3. Robin Mark Freeman, R. M. Freeman and Associates

Adjournment

The meeting was adjourned at 10:20 p.m. in honor of Rosetta Carter, mother of Councilmember Breland, William W. Allen, Mary Louise and Ambrosia Jones.