REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, OCTOBER 19, 1999

Roll Call: 7:02 p.m. All present.

Ceremonial Matters:
1. Proclamation to Honor Postal Service Employee Martin Jimenez
2. Proclamation: National Breast Cancer Awareness Month
Action: Presented Proclamations.

• The Planning and Development Department will be closed on Friday, October 22, 1999 after 11:30 a.m. for emergency response training.
• The Finance Department recently sent a citywide mailing to property owners requesting information regarding details of refuse bills. Finance is experiencing telephone system problems causing frustration for many residents calling to respond.

Comments from the Public: Nine speakers.

Action: Moved, seconded, carried (Worthington/Breland) to approve the Consent Calendar except as indicated.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meeting of September 28, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes.

2. Contract Amendment: Temporary Agency Services (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Procurement Services Associates in an amount not to exceed $150,000 for temporary personnel services for the Purchasing Division of the Finance Department for the period July 1, 1999 through June 30, 2000.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,262-N.S.

3. Contract Amendment: Upgrading Computers
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Milestone Technologies for upgrading the City's inventory of computers, by increasing the amount $17,920 for a total contract amount not to exceed $92,920 and extending the period to December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820
Action: Adopted Resolution No. 60,263-N.S. (Abstain – Woolley)

4. Contracts: Sanitary Sewer Design and Support Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments for sanitary sewer design and support services with Winzler & Kelly Consulting Engineers in an amount not to exceed $580,700, and CS Young Engineers in an amount not to exceed $636,300 for a term of two years.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,264-N.S.

5. Contract: Sanitary Sewer Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located at Euclid Avenue, Buena Vista Way, Greenwood Terrace, Oregon Street, Martin Luther King Jr. Way, Catalina Avenue, and San Pedro Avenue; accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,118,940 for 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,265-N.S.

6. Deficiency Plan for Areas of San Pablo and University Avenues
From: City Manager
Recommendation: Adopt a Resolution approving a City of Berkeley Deficiency Plan for portions of San Pablo Avenue and University Avenue.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,266-N.S.

7. Oakland Deficiency Plan for State Route 260 (Posey Tube) to I-80
From: City Manager
Recommendation: Adopt a Resolution approving the City of Oakland Deficiency Plan for State Route 260 (Posey Tube) to I-80.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,267-N.S.

8. Grant Easement for I-80 Overcrossing Recreational Trail
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Grant of Recreational Trail Easement for the I-80 Bicycle/Pedestrian Overcrossing from the East Bay Regional Park District and negotiate for fair compensation up to a maximum of $5,000.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Adopted Resolution No. 60,268-N.S.

9. Support Termination of Federal Offshore Oil Leases
From: Councilmember Worthington
Recommendation: Support the termination of 36 existing California Federal Offshore Oil leases presently undeveloped, and write letters opposing any lease renewals to President Clinton, Vice President Gore, Congresswoman Lee, U.S. Senators Feinstein and Boxer, Governor Davis, State Assemblywomen Aroner and Bock, State Senator Perata, and Alameda County Supervisor Keith Carson.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

10. IEER Contract
From: Councilmember Worthington
Recommendation: Request an update on the progress of the IEER contract.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Actions: Removed from the Consent Calendar by Mayor Dean.

Moved, seconded, carried (Worthington/Armstrong) to waive Council rules in order to take action at this meeting.

Moved, seconded, carried (Worthington/Spring; Absent- Armstrong, Maio), in order to expedite the contract process, the City Council requests the City Manager to promptly pursue negotiating the contract, including the scope of services prepared by IEER, with IEER and/or their European counterpart IFEU, and report back in early November.

11. Proclamation: Tune-In to KPFA Day (to be delivered)
From: Mayor Dean
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved proclamation.

12. Proclamation: National Breast Cancer Awareness Month and National Mammography Day (to be delivered)
From: Mayor Dean
Contact: Shirley Dean, Mayor, 644-6484
Action: Removed from the Consent Calendar by Mayor Dean and presented proclamation under Ceremonial Matters.

13. Reallocation of Funds for Infant Care for Poverty-Level Families
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution reallocating $35,000 General Fund money from Dragonfly Preschool to the Berkeley-Albany Licensed Day Care Operator's Association to provide infant care to poverty-level families.
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
Action: Adopted Resolution No. 60,269-N.S.

14. Certification of Election for Representatives of the Poor
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution certifying the results of the election for Representatives of the Poor to the Human Welfare and Community Action Commission, to re-elect Carol Hughes, District 2, for the term 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
Action: Adopted Resolution No. 60,270-N.S.

15. Continued Public Hearing: Oxford Parking Lot Fee Increase (continued from September 21 meeting)
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 speakers heard. Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) to continue the public hearing to November 2, 1999 and to take action at that meeting.

16. Levying an Annual Assessment for the Downtown Berkeley Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the calendar year 2000 Annual Report of the Downtown Berkeley Business Improvement District (BID) as approved on September 28, 1999 and levying an annual assessment.
Contact: Michael Caplan, Economic Development, 705-8182
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Shirek/Maio; Absent - Armstrong) to close the public hearing.

Action: Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) to adopt Resolution No. 60,271-N.S.

17. Amending the Berkeley Election Reform Act Regarding Campaign Contribution List Publication
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code Section 2.12.065, Berkeley Election Reform Act, to eliminate the requirement that the campaign contribution list be published in a newspaper of general circulation, and reduce the number of publications of the list from twice to once within seven days prior to an election.
Contact: Camille Courey, Secretary, 644-6380
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Manuela Albuquerque, City Attorney, 644-6380

Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Worthington/Spring; Absent - Armstrong) to continue the public hearing to November 2, 1999 and to take action at that time.

18. Cable Television Rates and Charges for Basic Service Tier, Equipment and Installation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 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.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Public Testimony: The Mayor opened the public hearing. One speaker heard. Moved, seconded, carried (Worthington/Maio; Absent – Armstrong, Woolley) to close the public hearing. Decision to be made on November 2, 1999.

Directed staff to continue discussions with TCI/AT&T regarding rate structure.

19. Zoning Appeal of Use Permit 99-10000023 - 1172-1174 Arch Street
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board denying 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 dismissing the appeal by Greg Braden.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
a. Supplemental Report from Planning Director
Contact: Elizabeth Epstein, Planning and Development, 705-8105
b. Communications from:

1. Peter Coney
2. Rena Rickles, Attorney, transmitting copies of letters from: Jack and Julie Barnett; neighborhood petition; Eric Sullivan and Teri Steele; Frederic Fierstein; Miriam Scheffe; Dorrice Pyle; Peter and Ann Coney; Greg Braden and Christine Kenton; Bob and Sally Goldman; Helen Revel.
3. Robert Fernekes and Elaine Chernoff
4. Jonathan Fernandez
5. Ms. J. Fong
6. Richard Schwarzmann
7. Howard P. Menashe

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

Public Testimony: The Mayor opened the public hearing. Twelve speakers heard. Moved, seconded, carried (Olds/Armstrong) to close the public hearing. Decision to be made on November 2, 1999.

20. Zoning Adjustments Board Decision Regarding 1608 Fourth Street
From: City Manager (dated September 28, 1999)
Recommendation: 1) Certify the decision of the Zoning Adjustments Board (ZAB) action of September 23, 1999, relevant to Use Permit 99-10000052, the former Courtald's industrial site located at 1608 Fourth Street; 2) schedule the matter for a public hearing on October 19, 1999 for consideration of the proposed project and ZAB's action; and 3) Waive Council Rules to take action on the project the same night as the public hearing.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
a. City Manager Report (to be delivered)
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving a Use Permit to demolish a 22,642 square foot industrial building, construct a 15,188 square foot upper floor office addition to the existing 113,780 square foot "Big Building," convert 80,946 square feet of industrial space in the "Big Building" to office space and adopting the associated Mitigated Negative Declaration.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
b. Communications From:
1. Peter Meier, SPI Management, Inc.
2. Tony Spurlock/Draiktan Morn
Contact: Sherry M. Kelly, City Clerk, 644-6480

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

Action: Moved, seconded, failed (Spring/Worthington; Noes – Armstrong, Breland, Maio, Olds, Woolley, Dean) to adopt new recommendation and replace waived amounts with $150,000 for affordable housing and $40,000 for childcare, to be paid in time payments.

Moved, seconded, carried (Armstrong/Olds; Noes – Worthington; Abstain – Shirek, Spring) to adopt Resolution No. 60,272-N.S. adopting the Mitigated Negative Declaration and approving the proposed Conditional Use Permit with findings and the new condition of approval .

21. Landmarks Preservation Commission Decision Regarding Designating 725 Gilman as a Structure of Merit
From: Mayor Dean and Councilmember Olds (dated September 28, 1999)
Recommendation: Certify to Council the designation by the Landmarks Preservation Commission of 725 Gilman "Hot Dip Galvinizing", as a Structure of Merit.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399
a. City Manager Report (to be delivered)
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving the City Council's certification of the Landmarks Preservation Commission's designation of 725 Gilman Street as a City of Berkeley Structure of Merit.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

Public Testimony: The Mayor opened the public hearing. 23 speakers heard. Moved, seconded, carried (Spring/Maio) to close the public hearing. Decision to be made on November 2, 1999. Requested the City Attorney prepare a list of possible options for actions on the matter.

22. 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 increasing cleaning and special pickup rates for front and rear loading bins, and correcting amounts charged for a 96-gallon cart picked up twice a week, and additional cans or bags and rescinding Resolution No. 50,788-N.S.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Withdrawn by the City Manager.

23. Status of I-80 Overcrossing
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Received and filed.

Action: Communications noted and filed unless referred to the City Manager as indicated.

1. David Beauvais, Attorney, regarding bicyclists who received citations on University Avenue overpass. Worthington

2. Barbara Sargent, regarding high density. Breland, Spring

3. Regarding proposed closure of Derby and installation of diagonal parking on Milvia Street from: Spring, Worthington
a) Jason Meggs, Director, Bicycle Civil Liberties Union
b) Hank Resnik, President, Bicycle-Friendly Berkeley Coalition

4. Andre Lipinski, regarding street barricades. Maio, Breland, Spring, Dean

5. John Vance, A First Amendment Center, regarding KPFA/Pacifica/Mumia/Oct. 22/ War on Youth update/ Max Antoine/Calendar update/Cuba update (additional pages on file for review in the City Clerk's Office)

Item 10 - IEER Contract

Item 16 - Levying an Annual Assessment for the Downtown Berkeley Business Improvement District (BID):

Item 21 - Landmarks Preservation Commission Decision Designating 725 Gilman as a Structure of Merit:

Action: Moved, seconded, carried (Olds/Breland; Absent – Armstrong, Worthington) to suspend the rules to extend the meeting past 11:00 p.m. to complete the public hearings.

Action: Meeting adjourned at 1:10 a.m.