REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, NOVEMBER 9, 1999

Roll Call: 7:14 p.m. All present.

Action: Presented proclamations.

Comments from the City Manager:

• Applications for Section 8 will be received from November 10 to November 19, 1999
• Aquatic Park Children's Area Design Day is November 16, 1999.
• The second Public Art Applications Seminar will be held on November 13, 1999.
• B-TV will sponsor a special call-in show regarding Y2K on November 10, 1999.

Comments from the Public: Twelve speakers.

Youth Forum: No speakers.

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

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) October 12, 1999 (closed); b) October 12, 1999 (special); c) October 12, 1999 (regular); d) October 18, 1999 (closed); e) October 19, 1999 (regular); and f) October 22, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes with the exception of c) October 12, 1999 which were held over to November 23, 1999 by Mayor Dean.

2. Ordinances for Second Reading:
(Vote: First Reading - Unanimous; Second Reading – Absent - Woolley)
a. Adding Section 1.04.080, "Provision Due to Non-Business Days", to the Berkeley Municipal Code (BMC).
Action: Adopted Ordinance No. 6511. Effective December 9, 1999.

b. Authorizing the City Manager to execute a one-year lease agreement and four one-year options for renewal with Asia Fountain Group, Inc. for the premises located at 1013 Pardee Street as office and warehouse space for the Energy Office, in an initial amount not to exceed $2,434 per month.
Action: Adopted Ordinance No. 6512. Effective December 9, 1999.

(Vote: First Reading -Noes – Worthington; Second Reading – Noes – Worthington; Absent - Woolley))
c. Amending Berkeley Municipal Code Section 2.12.065, Berkeley Election Reform Act (Ordinance No. 4700-N.S.), to change the method of publication of campaign contribution lists.
Action: Adopted Ordinance No. 6513. Effective December 9, 1999.

3. Side Letter Agreement: Establish Housing Inspector and Salary Range
From: City Manager
Recommendation: Adopt two Resolutions: 1) Authorizing the City Manager to execute and implement a Side Letter Agreement with Service Employees International Union (SEIU) Local 535 to establish a Housing Inspector (Certified) classification and modify Sections of the Memorandum Agreement; and 2) Amending Resolution No. 59,883-N.S., Classifications/Salary Resolution, to establish a salary range of $3974 to $4714 per month.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,290-N.S. and Resolution No. 60,291-N.S.

4. Lawsuit: Michael Thorn Bradley
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 799899-3 in the matter of Michael Thorn Bradley in the amount of $36,150.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,292-N.S.

5. Contract: Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street Mini-Park Renovations
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for renovation of Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street Mini-Park; rejecting all bids; and authorizing the City Manager to revise the scope of work, negotiate on the open market and execute a contract and any amendments in the amount of $321,000 for a period of 180 calendar days.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,293-N.S.

6. Purchase Orders: Traffic Barricades and Cones
From: City Manager
Recommendation: Adopt a Resolution authorizing purchase orders with: 1) Bay Area Barricade Company in the amount of $40,747; and 2) Pacific Trench Safety Company in the amount of $12,500, for a period of 12 months with an option to renew an additional 12 months, to provide traffic barricades, cones and hardware.
Contact: Frances David, Finance, 644-6476; Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,294-N.S.

7. Bond Measure for Peralta School District
From: Councilmember Spring
Recommendation: Request the City Manager mail and FAX a letter to Peralta College Chancellor and Board of Trustees, asking for community input on the proposed $150 million bond measure and support for finishing the Vista College building.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Withdrawn by Councilmember Spring.

8. Parking Cash Out Program
From: Councilmember Maio
Recommendation: Request the City Manager, the Office of Economic Development, and the Transportation Commission evaluate the benefits of a Parking Cash Out (PCO) program, as described in material from the International Council for Local Environmental Initiatives (ICLEI), for implementation in Berkeley for City employees and for businesses.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Removed from Consent Calendar by Councilmember Olds and held over to November 23, 1999.

9. Mandatory Seismic Retrofit on Home Expansion Projects
From: Councilmember Maio
Recommendation: Request the City Manager and appropriate City Commissions draft an ordinance that would require property owners to seismically retrofit their homes and buildings when they undertake home expansion or renovation projects. This ordinance should be included in the City's overall Disaster Resistant Community project recommendations.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Worthington/Maio; Absent - Woolley) to approve the recommendation with the following additions: that the ordinance 1) not be designed to discourage people who own distressed properties; 2) makes clear the level of improvements which trigger seismic retrofit; 3) clarifies what constitutes retrofit and assures the retrofit is properly done; 4) provides exemptions and financial assistance for low income residents; 5) be referred to the S.T.A.G; and 6) that public hearings be held at the commission level.

10. Proclamation in Honor of John Solomon
From: Councilmembers Maio, Breland, and Spring
Recommendation: Approve a proclamation declaring December 16, 1999 "John Solomon Day" in the City of Berkeley, and honoring the contributions of John Solomon to the Berkeley community. The proclamation to be read at the December 14^th Council meeting and presented at the University Avenue Association dinner on December 16^th honoring Mr. Solomon.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

11. Regulate "Ham" Radio Antennae
From: Councilmember Olds
Recommendation: Refer the matter of regulating amateur "ham" radio antennae to the Planning Commission as a priority matter in the revision of the current Zoning Ordinance.
Contact: Susan Wengraf, Councilmember Olds' Office, 644-6399
Action: Approved recommendation.

12. General Plan
From: Councilmember Spring
Recommendation: Request City Manager report regarding his role in the General Plan process and an explanation of what happened to the Council's July 27^th directives pertaining to Items 1 and 2, and several of the Council's September 14^th directives, on the General Plan's second draft.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from Consent Calendar by Councilmember Maio and held over to November 23, 1999.

13. Pedestrian Activated Traffic Light at McGee and University Avenues
From: Councilmember Spring
Recommendation: Request the City Manager put the pedestrian-activated traffic light at McGee and University, which was referred over five years ago, on the list of projects to be funded by federal, state or local funds.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Mayor Dean and held over to November 23, 1999.

14. Schedule Presentation Regarding City Website
From: Mayor Dean
Recommendation: Schedule a 15-minute presentation and a 15-minute comment period on November 23^rd regarding the newly designed City of Berkeley Website.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Approved recommendation and scheduled for November 23, 1999 meeting.

15. Waive Fees and Provide Funding For 16^th Annual Telegraph Avenue Holiday Street Fair
From: Councilmember Worthington
Recommendation: Adopt a Resolution waiving event, sound and insurance fees associated with the 15^th Annual Telegraph Avenue Holiday Street Fair; contribute $10,000 instead of the usual $25,000 for the Holiday Fair and Seasonal Marketing Campaign; provide in-kind services: 4 portable toilets, dumpster and solid waste services, traffic signage and engineering services; close Telegraph Avenue from Dwight to Bancroft allowing only cross traffic; and waive Berkeley Municipal Code (BMC) Section 20.24.040 to allow hanging a banner across Telegraph Avenue and vertical banners on light poles with assistance from Public Works hanging the banners.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Spring/Worthington; Absent Woolley) to adopt Resolution No. 60,295-N.S. and to ask the TAA to explore a mechanism to fund these types of activities in the future and to request the City Manager find $10,000 for this year’s event.

16. Support Executive Clemency for Leonard Peltier
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Leonard Peltier receiving Executive Clemency from President Clinton because of his deteriorating health due to a degenerative jaw disease, further complicated by his inability to ingest and digest food properly, and because he's in need of immediate specialized medical care.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 60,296-N.S. (Abstain – Armstrong)

17. Kinder Safer Streets Act
From: Councilmember Spring
Recommendation: Refer to the City Manager additional recommendations regarding medical marijuana and the Kinder Safer Streets Act and request the ordinance be presented to the Council by December 7^th
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

18. Appropriation of $10,000 to Subscriber Lawsuit Against Pacifica Corporation
From: Councilmember Worthington
Recommendation: Adopt a Resolution appropriating $10,000 to subscriber lawsuit against Pacifica Corporation.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 60,297-N.S.

19. Policies for Prevention of Cruelty to Animals (to be delivered)
Contact: Diane Woolley, Councilmember District 5, 644-6294
Action: Removed from Consent Calendar by Councilmember Olds and held over to November 16, 1999 as part of the public hearing.

20. Oxford Street Parking Lot (to be delivered)
From: Councilmember Spring
Recommendation: Adopt a Resolution increasing parking fees at Oxford Street Parking Lot for special events and daily maximum rates.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from Consent Calendar By Councilmember Olds and held over to November 23, 1999.

21. Treaty of Rome
From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging President Clinton to sign the Treaty of Rome and to work with the world's nations to insure that the International Criminal Court functions efficiently; and directing the City Clerk to send copies of the Resolution to President Clinton, Senators Boxer, Feinstein, and Helms, Congresswoman Lee, Secretary of Defense Cohen, and United Nations Secretary General Kofi Annan.
Contact: Manuel Hector, Secretary, 664-6459
a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,298-N.S. (Abstain – Armstrong)

22. Release of Lori Berenson
From: Peace and Justice Commission
Recommendation: 1) Adopt a Resolution urging President Clinton do everything in his power to secure the release of Lori Berenson immediately; 2) direct the City Clerk to write President Clinton, Secretary Albright, Senators Boxer and Feinstein, Representatives Lee, Pelosi and Woolsey, U.S. Human Rights Commission, U.N. Secretary General Kofi Annan, Peru President Alberto Fujimori, Peru's Ambassadors to the United Nations and United States, and the U.S. Ambassador to Peru, requesting action now to secure justice for Lori Berenson; 3) encourage Berkeley residents to help secure justice by also writing these dignitaries; 4) inform companies about Lori Berenson that do business with or have investments in Peru; and 5) follow the matter on the Lori Berenson web site (www.freelori.org).
Contact: Manuel Hector, Secretary, 664-6459
a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,299-N.S. (Abstain – Armstrong)

23. Alameda County Tobacco Settlement Money
From: Community Health Commission
Recommendation: Adopt a Resolution urging the Alameda County Board of Supervisors to deposit the Tobacco Master Settlement Agreement funds for Alameda County in a trust fund and spend those monies on health care, clinic services and prevention and health promotion activities.
Contact: Verdie Thompson, Secretary, 644-6496
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,300-N.S.

24. 1999 Annual Community Survey of Public Opinion
a. City Manager Information Report
Contact: Stephanie Lopez, City Manager's Office, 644-6580
Action: Held over to a future date.

25. ABAG Living on Shaky Ground Conference
Contact: Shirley Dean, Mayor, 644-6484; Linda Maio, Councilmember District 1, 644-6359
Action: Held over to a future date.

26. Zoning Appeal of Design Review Permit 99-30000043 - 801 Cedar Street
a. Appeal filed by Oso Koenigshofer of the Zoning Adjustments Board decision of September 23, 1999, which affirmed the Design Review staff's decision in approving Design Review Permit 99-30000043, approving the design for a 1,485 square foot office building at 801 Cedar Street.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board affirming the Design Review Committee's decision to uphold staff's approval of the proposed design of a 1,485 square foot office building at 801 Cedar Street and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:
1. Tom Hale, applicant, President and Owner, Backroads
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved, seconded, carried (Spring/Maio; Absent - Woolley) to adopt Resolution No. 60,301-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

27. Landmarks Preservation Commission Appeal - 2526 Durant Avenue (The Blood House)
a. Appeal filed by Steven B. Piser, Attorney on behalf of David Ruegg and Robert Ellsworth, the owners, of the Landmarks Preservation Commission decision of September 13, 1999, which designated 2526 Durant Avenue (The Blood House) as a Structure of Merit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution upholding the decision of the Landmarks Preservation Commission designation of 2526 Durant Avenue (The Blood House) as a Structure of Merit and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:
1. Steven Piser, Attorney on behalf of owners
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved, seconded, carried (Maio/Spring; Absent - Woolley) to adopt Resolution No. 60,302-N.S. upholding the decision of the Landmarks Preservation Commission and dismissing the appeal.

28. Landmarks Preservation Commission Appeal - 2530, 2532, and 2534 Durant Avenue (The Albra)
a. Appeal filed by Steven B. Piser, Attorney on behalf of David Ruegg and Robert Ellsworth, the owners, of the Landmarks Preservation Commission decision of September 13, 1999, which designated 2530, 2532, and 2534 Durant Avenue (The Albra) as a Structure of Merit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution upholding the decision of the Landmarks Preservation Commission designation of 2530, 2532, and 2534 Durant Avenue (The Albra) as a Structure of Merit and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from:
1. Steven Piser, Attorney on behalf of owner
Contact: Sherry M. Kelly, City Clerk, 644-6480  
Actions: Moved, seconded (Olds/Armstrong) the main motion to set the matter for public hearing.

Moved, seconded, carried (Spring/Maio; Noes - Armstrong, Olds, Dean; Absent - Woolley) the substitute motion to adopt Resolution No. 60,303-N.S. upholding the decision of the Landmarks Preservation Commission and dismissing the appeal.

Old Business:

29. Police Officer Grants - Status and Deployment (CR 99-75) (removed from Information by Councilmember Armstrong and held over from November 2 meeting)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

30. Haas Mitigation Update (CR 99-112) (removed from Information by Councilmember Worthington and held over from November 2 meeting)
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Held over to November 23, 1999.

31. City Policies Relating to the University of California (removed from Consent by Councilmember Spring and held over from November 2 meeting)
From: Councilmember Woolley
Recommendation: Review and discuss existing City policies and agreements concerning the University of California. Included would be goals and policies in the existing City General Plan and Area Plans, voter adopted Measure N, and any Memoranda of Understanding between the City and the University. This review and discussion should occur prior to the Council's creation of any City advisory body relating to University of California issues.
Contact: Diane Woolley, Councilmember District 5, 644-6294
Action: Held over to November 23, 1999.

32. University Relations Commission (City-Campus Planning Advisory Group) (held over from September 14 meeting)
From: Planning Commission
Recommendation: Adopt a Resolution establishing a University Relations Commission composed of either nine or eighteen members appointed pursuant to the Fair Representation Ordinance, with the following charge: a) Advise the City Council on planning issues of joint concern to the City and UC Berkeley; b) Solicit public input on proposed University projects and plans; c) Encourage coordination between the City and UC Berkeley on planning projects of joint interest; and d) Establish a Commission subcommittee that will constitute the City's representatives on the City-Campus Planning Advisory Group, as detailed in the 3/12/97 Memorandum of Understanding between the City and the University.
Contact: Karen Haney-Owens, Secretary, 705-8137
a. City Manager Report
Recommendation: Direct the Planning Commission establish a City-Campus Planning Advisory Group subject to the Brown Act, as a standing sub-committee with the following charge: a) to meet in conjunction with Campus representatives; b) to act in an advisory role to the appropriate City Commissions, City Departments and University Committees and Administrators; and c) to solicit broad public input regarding University plans and projects of joint interest to the City and the University.
Contact: Liz Epstein, Planning and Development, 705-8105

Actions: Moved, seconded, carried (Spring/Worthington; Noes - Olds, Dean; Abstain – Armstrong; Absent - Woolley) the main motion to approve the recommendation of the Planning Commission to establish a University Relations Commission; setting the number of Commissioners at 9; adding a 2-year review and sunset clause; requesting the City Manager come back with budget implications and a list of planning issues of joint concern to both the City and the University and adopting Resolution No. 60,304-N.S.

Moved, seconded, failed (Armstrong/Olds; Noes - Breland, Maio, Shirek, Spring; Abstain – Worthington, Dean; Absent - Woolley) a substitute motion to set up a City/Campus Advisory Group which has exclusive authority over any matter involving the University except those matters required by law to be under the jurisdiction of another commission. (Mayor Dean asked the record reflect that she believes there needs to be review by commissions prior to taking this type of action.)

Moved, seconded, carried (Armstrong/Olds; Absent - Woolley) that Council will not appoint members until the City Manager has presented the report regarding budget implications and staffing requirements; and that the report will be presented within two months.

33. University of California Student Enrollment (removed from Consent by Councilmember Worthington and held over from November 2 meeting)
From: Mayor Dean and Councilmember Armstrong
Recommendation: Request the City Manager meet as soon as possible with UC Berkeley Chancellor Berdahl informing him of: 1) campus population caps as agreed to by the campus and City in the Long Range Development Plan; 2) the City's concerns of recent reports that the Regents are currently considering how the UC system can accommodate a projected increase in student enrollment; and 3) that the City prefers to be a part of the current planning regarding any expansion of the Berkeley campus rather than be reactive once a decision has been made; and requesting the City Manager report back on the outcome of this discussion.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401
Action: Moved, seconded, carried (Armstrong/Olds; Absent - Woolley) to approve the recommendation amended to also include discussion on the impact enrollment has on housing, transportation, parking, quality of life in surrounding neighborhoods and how the University will address diversity of the student body.

34. Proposed UC Surge Building (removed from Consent by Councilmember Armstrong and held over from November 2 meeting)
From: Councilmember Spring
Recommendation: Request the City Manager to: 1) write to UCB Chancellor Berdahl and UC Regents requesting they NOT construct the "Seismic Replacement Building" on the Oxford tract, the last remaining open space in the North Campus area, and that UC instead build the "Seismic Replacement Building" on a more appropriate site - the former California Department of Health site at Shattuck and Berkeley Way; 2) establish a process to work out mitigations with the City similar to the Haas Pavilion; 3) require the Planning Department University, in coordination with the City staff, send out notices of future meetings on the EIR for this project to all residents within 300 feet of the project; and 4) research the Deed for the Oxford Tract to UC for a condition by the donor that the property never be developed with buildings.
Contact: Dona Spring, Councilmember District 4, 644-6266

Action: Moved, seconded, carried (Spring/Maio; Absent - Woolley, Worthington) to approve the recommendation amended as shown above and also to include 1) there should be a second EIR scoping session after the Environmental Initial Assessment is released; 2) the EIR should NOT be tiered off the LRDP EIR, but should have completely new analysis; 3) the EIR review period should be at least 90 days, NOT the minimum requirement of 45 days –which is all UC plans to allow; 4) the following Alternative Project Sites should be given equal weight in the EIR with the weight given the Oxford Tract site: a) State Health Building site, b) some site on the Central Campus, c) leasing the downtown Berkeley office space now being leased by the City on a temporary basis only so as to not effect Berkeley’s tax base, and d) other alternatives being explored; 5) also request that the University abide by its Haas MOU - "Prior to ANY Campus or City expansion of existing parking capacity or other major developments with a potentially significant impact on traffic or parking, Campus and City will jointly study, plan and begin to implement…." The Council also asks the City Manager send a copy of this letter to Congresswoman Lee and Assemblywoman Aroner requesting them to assist the City with these requests vis a vie the University of California at Berkeley.

35. Posting Blighted Properties (removed from Consent by Councilmember Olds and held over from November 2 meeting)
From: Housing Advisory Commission
Recommendation: Adopt first reading of an Ordinance to add Section 12.92.175 to the Berkeley Municipal Code to allow posting signs on blighted properties informing the public of the property owner's name, address, telephone number, and the nature of code violations found.
Contact: Oscar Sung, Secretary, 665-3469
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.
Contact: Stephen Barton, Housing, 644-6001
Action: Withdrawn by the City Manager.

36. Fire Danger in Berkeley (removed from Information by Councilmember Armstrong and held over from November 2 meeting)
From: Fire Safety Commission
Contact: Reginald Garcia, Secretary, 644-6665
Action: Moved, seconded, carried (Olds/Armstrong; Absent - Woolley) to 1) require the City patrol on high fire danger days the area above the University (Claremont Canyon) and to monitor the campers in the area; 2) request the City Manager write a letter to East Bay Regional Park District (EBRPD), University of California (UC) and the City of Oakland regarding acquiring unmatched FEMA funds for the purpose of vegetation management; and 3) refer the five suggestions from May 13, 1997 report of the Fire Assessment Commission as follows: a) the removal of flammable material from the neighborhoods and from the buffer areas must be continued every year at a rate which is greater than the rate of accumulation and regrowth in order to represent a net gain; b) the assignment of four firefighters to hill fire engine companies on high fire danger days should be extended throughout the fire season, if not year round; c) necessary steps to limit density increases in the hazardous hill area, along with establishment of improved emergency equipment access and escape routes for the residents; d) establish and maintain a defensible buffer area between developed urban areas and wildlands; and e) continue and complete the on-going projects initiated by the District.

37. Temporarily Prohibit Carryout Food Stores and Quick Service Restaurants
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23, Zoning, by amending Sections 23E.36.030A and 23E.68.030A - Uses Permitted in C-1 General Commercial District and C-2 Central Commercial District, to temporarily prohibit carryout food stores and quick service restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of Ordinance. Second reading November 16, 1999.

38. Berkeley Marina Plan and Waterfront Overview Preliminary Design Concept
From: Planning and Waterfront Commissions
Recommendation: 1) Approve the Preliminary Design Concept for the Marina Plan and Waterfront Overview so that the draft can be completed and the environment review initiated for the Plan; 2) Review the financial analysis for Marina maintenance and operations as well as desired improvements, in recognition that the Marina is significantly under-funded and that there is no current source of funds to implement core capital projects while maintaining existing Marina operations; and 3) Identify an effective financing program to implement core capital projects and Concept Plan design elements. Without a commitment by the Council to actively seek additional sources of ongoing funding beyond non-recurring grants, Marina infrastructure will continue to deteriorate and implementation of the Concept Plan elements will be impossible.
Contact: Cliff Marchetti, Waterfront Commission Secretary, 644-6376
a. City Manager Report
Recommendation: 1) Endorse the Planning and Waterfront Commission's recommendation to approve the Preliminary Design Concept for the Marina Plan and Waterfront Overview; and 2) Direct staff to proceed with the preparation of the Marina Plan and Waterfront Overview and completion of the environmental review on the Plan with the understanding that staff will prepare a financing program to implement the Preliminary Design Concept (Phase 1: Required Capital Improvements; and Phase 2: Enhancements/Amenities), including funding options for consideration by the Council.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Moved, seconded, carried (Maio/Breland; Absent - Spring, Woolley, Worthington) to approve the City Manager recommendation and to place more emphasis on wildlife habitat.

39. Health and Human Services Administrative Operations Review
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Received and filed.

40. 2 X 2 Committee Meeting Notes - July 15 through September 16, 1999
From: City Manager
Contact: Arrietta Chakos, City Manager's Office, 644-6580
Action: Received and filed.

41. Landmarks Preservation Commission Notice of Decision: 2113 Vine Street (Vine Street Pumping Plant)
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to Action by Councilmember Spring and held over to November 23, 1999.

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

1. Patrick Kennedy, Panoramic Interests, transmitting newspaper article regarding developers, the spread of suburbia, senior housing and tech jobs for Berkeley residents. Breland

2. Bill Lockyer, California State Attorney General, thanking Council for their support of SB 78 and HR 1443 regarding the collection of data on traffic stops.

3. Elizabeth Foley, Associate Regional Administrator, U.S. Department of Health and Human Services, regarding Medicare allowing the disabled and senior citizens to have extra prescriptions on hand due to Y2K problems.

4. Jeannie de Vries, President, Berkeley Architectural Heritage Association, regarding renovations of Martin Luther King Jr. Civic Center Park.

5. John DeClercq, TransAction Financial Corporation, regarding downtown Berkeley BART Station.

6. Tom Dalzell, Staff Attorney, IBEW, Local 1245, regarding petition from membership regarding Council authority provided to staff on October 12^th Closed Session meeting. Breland, Dean

7. John Selawsky, regarding commission work. Maio, Breland, Dean, Spring

8. Doris Willingham, regarding joint City-University pledge.

9. Black Repertory Group, regarding immediate correction. Maio, Breland, Dean

10. Daniella Thompson and Jim Sharp, regarding University Relations Commission.

11. John Vance, First Amendment Center, regarding KPFA/WTO etcetera update (additional pages on file for review in the City Clerk's Office).

Item 26 - Zoning Appeal of Design Review Permit 99-30000043 - 801 Cedar Street

12. Oso Koenigshofer

Item 28 - Landmarks Preservation Commission Appeal - 2520, 2530, 2532 and 2534 Durant Avenue

13. Landmarks Preservation Commission, transcript from June 7, 1999 meeting

Item 30 - Haas Mitigation Update

14. Rachel Rupert, Chief Executive Officer, Berkeley Chamber of Commerce Maio, Breland

Item 34 - Proposed UC Surge Building

15. Councilmember Dona Spring, Amendment

Item 37 - Temporarily Prohibit Carryout Food Stores and Quick Service Restaurants

16. Mike Talai, Au Coquelet Café  Breland

Item 38 - Berkeley Marina Plan and Waterfront Overview Preliminary Design Concept

17. Cliff Marchetti, Waterfront Manager, corrected page 4

Letter from L. A. Wood regarding air quality, received at meeting Breland, Dean

Adjournment

Action: Moved, seconded, carried (Worthington/Maio; Absent - Woolley) to extend the meeting past 11:00 p.m. to complete certain items.

Meeting adjourned at 11:52 p.m.