REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, NOVEMBER 16, 1999

Roll Call: 7:13 p.m. All present.

Comments from the City Manager :

• Workshops on project to daylight Strawberry Creek will be held on December 1 and 4, 1999.
• Arrietta Chakos of the City Manager's office participated in an earthquake safety workshop in Japan.
• Firefighter John Mason is participating in the effort to rebuild homes in Kosovo.
• The City has received $550,000 settlement from UCB, Chevron and Texaco in a lawsuit re soil contamination and funds will be deposited in the Sewer Improvement fund.

Comments from the Public: Six speakers heard.

Actions: Moved, seconded, carried (Worthington/Armstrong) to approve the Consent Calendar in one motion except as indicated.

Moved, seconded, carried (Armstrong/Maio; Noes - Shirek, Woolley, Worthington; Abstain - Spring) the main motion to suspend the rules to consider Item 13 immediately after action to adopt the Consent Calendar.

Moved, seconded, failed (Worthington/Spring; Noes - Armstrong, Maio, Olds; Abstain - Shirek, Dean) to suspend the rules to consider Items 5 and 13 immediately after action to adopt the Consent Calendar.

1. Needle Exchange Emergency Distribution
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,305-N.S.

2. Updated Conflict of Interest Code
From: City Manager
Recommendation: Adopt a Resolution adopting an updated Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 59,769-N.S.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Adopted Resolution No. 60,306-N.S. and requested that the City Attorney evaluate added the Telecommunications Task Force to the Code as well as notifying the Task Force up front regarding 1090 conflict provisions.

3. Ordinance for Second Reading:
(First Reading 11/9 - Vote: Unanimous; absent - Woolley)
a. 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.
Action: Adopted second reading of Ordinance No. 6514-N.S. (Abstain - Woolley) Effective: December 16, 1999.

4. Lawsuit Settlement: Jae Chang
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 806248-4 in the matter of Jae Chang in the amount of $7,500.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,307-N.S.

5. Refund Specified Overpayments of Refuse Bills (CR 99-93)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adding Section 7.20.048 to the Berkeley Municipal Code (BMC), to authorize the Finance Department to refund specified overpayments of refuse bills.
Contact: Frances David, Finance, 644-6476
Action: Removed from the Consent Calendar by Councilmember Olds and held over to November 23, 1999.

6. Y2K Hazardous Materials Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept and appropriate funds in the amount of $17,008 from the Governor's Office of Emergency Services (OES) to reimburse costs incurred by Toxics Management for the Y2K Hazardous Materials Project.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,308-N.S.

7. Grant: Hazardous Materials Emergency Response Area Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept and appropriate $10,000 in grant funds from the Governor's Office of Emergency Services (OES) to reimburse costs incurred by Toxics Management for the Hazardous Materials Emergency Response Area Plan Project.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,309-N.S.

8. Contract: James Kenney Park Storm Damage Repair
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for James Kenney Park Storm Damage Repair; accepting the bid of Trinet Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $69,420 for the period November 17, 1999 through April 1, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,310-N.S.

9. Street Vacation of Portion of Keeler Avenue
From: City Manager
Recommendation: Adopt first reading of an Ordinance summarily vacating a portion of the public-right-of-way, conveying the City's interests in the vacated property to Barry J. Eichengreen and accepting an easement dedication from Barry J. Eichengreen for public right-of-way purposes.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted first reading of Ordinance. Second reading November 23, 1999.

10. Purchase of BMW Motorcycles
From: City Manager
Recommendation: Adopt a Resolution authorizing the purchase of two BMW Motorcycles from A & S BMW Motorcycles in an amount not to exceed $40,000.
Contact: Dash Butler, Police, 644-6568
Action: Adopted Resolution No. 60,311-N.S.

11. City Manager Evaluation Process
From: Mayor Dean, Councilmembers Armstrong, Breland, Maio
Recommendation: Ask the City Manager to propose to Council a process for the next City Manager Performance Review.
Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Worthington and held over to November 23, 1999.

12. Establish City Manager Evaluation Process
From: Councilmember Worthington
Recommendation: Establish a quarterly evaluation meeting of the City Council to communicate with the City Manager regarding job performance; that the Rules Committee evaluates and reports back in less than six months, on how city managers are evaluated in other cities and explore the suitability of retaining a professional firm to assist in consulting with the community; public process would include a community forum to provide public opinions as well as interviews with: a) management directly supervised by the City Manager, b) union leaders, c) City staff, and d) neighborhoods, businesses, and student representatives.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Maio and held over to November 23, 1999.

13. Amendment to City Manager's Contract (to be delivered)
From: Mayor Dean, Councilmembers Armstrong, Breland, Maio
Recommendation: Adopt a Resolution amending the City Manager's Contract.
Contact: Shirley Dean, Mayor, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Armstrong/Olds; Noes – Shirek, Woolley, Worthington; Abstain – Spring) to adopt Resolution No. 60,312-N.S.

14. Waiving Fees for December Downtown Holiday Concerts
From: Councilmembers Armstrong and Spring
Recommendation: Adopt a Resolution waiving City permit fees associated with amplified music downtown on December 4, 11, and 18 (Saturdays) during the holiday season, and waiving Berkeley Municipal Code (BMC) Section 13.40.100 to allow application for amplified sound permits and any related sound permit variances for these events to be made to the Noise Control Officer in less than the normal 30 days in advance of the events.
Contact: Polly Armstrong, Councilmember District 8, 644-6401; Dona Spring, Councilmember District 4, 644-6266
Action: Adopted Resolution No. 60,313-N.S.

15. Greenhouse Gas Emission Pledge Cards
From: Councilmember Maio
Recommendation: Request the City Manager develop a Greenhouse Gas Emission Pledge card, in concert with the Environmental and Energy Commissions, to be disseminated to residents, asking Berkeley residents pledge to reduce greenhouse gas emissions by taking certain actions. The pledge card can be developed with the ICLEI Campaign for Climate Protection office located in Berkeley.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

16. Telephone Directory Assistance Charges
From: Mayor Dean
Recommendation: Support an impending California Public Utilities Commission (CPUC) decision which would impact 411 Directory Assistance service in the least objectionable and most consumer-friendly manner, specifically, support Option H-4a and oppose Option H-4; and that the City Clerk immediately communicate this position by fax to CPUC President Richard Blas in time to impact the CPUC decision making process on November 18^th.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation with the amendment by Councilmember Spring to ask that persons with disabilities receive free directory assistance.

17. Debt Relief for Impoverished Countries
From: Councilmember Spring
Recommendation: Adopt a Resolution on forgiveness of debt for impoverished countries and request the City Clerk send letters to our Federal Legislators and the President.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved revised recommendation to continue to November 23, 1999 and allow a six minute presentation by Jubilee 2000 at that meeting. (Abstain – Armstrong)

18. IFEU Contract
From: Councilmember Spring
Recommendation: Ask the City Manager for a report on the status of the contract with IFEU, the sister organization of IEER, which is to analyze tritium data from LBNL.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation and requested the report on November 23, 1999.

19. Low-Income Spay Neuter Program
From: Councilmember Spring
Recommendation: Request the City Manager enact a spay-neuter program for low-income individuals with the revenues from the unclaimed spay-neuter fees and report back.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

20. Priorities for Meetings with UC Berkeley (to be delivered)

From: Councilmember Worthington
Recommendation: Request the City Manager meet with UC Berkeley Chancellor Berdahl to discuss the following priority issues: 1) UC administration's commitment to meet the need for student housing in ways consistent with neighborhood concerns; 2) how to work with neighborhoods in addressing the concerns regarding the University, office development and the Underhill project; 3) the ways the City and University can work together to provide parking for small businesses near the campus, particularly utilizing current vacant spaces; 4) encourage diversity on campus of both students and faculty; and 5) how the City can be a part of the current planning regarding any expansion of the Berkeley campus rather than be reactive once a decision is made.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation amended by Councilmember Spring to add 6) relocation of the Surge building. (Noes – Olds)

21. Contract: Community Services Block Grant
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution authorizing the City Manager to accept Community Services Block Grant Contract 00F-2102 for $160,000 from the State Department of Community Services and Development.
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. 60,314-N.S.

22. Selection of Representatives of the Poor
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution certifying the results of the October 20, 1999 selection of Joy Holland (District 2) and reappointment of Willie Phillips (District 3) as Representatives of the Poor to the Human Welfare and Community Action Commission (HWCAC), terms 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. 60,315-N.S.

23. East Bay Paratransit Consortium Policy Changes
From: Commission on Disability
Recommendation: Direct the City Clerk to send a letter to East Bay Paratransit Consortium (EBPC) to express disapproval of current practices which require: 1) paratransit clients to negotiate pick-up times when scheduling a ride; and 2) permanently disabled clients to be recertified for eligibility.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission Report.
Contact: Weldon Rucker, City Manager's Office, 644-6580
Action: Removed from the Consent Calendar by Councilmember Worthington and held over to November 23, 1999.

24. Adoption of a Mandatory Spay/Neuter Ordinance
From: Task Force on Animal Care and Control (dated September 14)
Recommendation: Conduct a public hearing (including a 10-minute video) and upon conclusion, determine whether the ordinance will proceed and, if so, when the ordinance (in its present or amended form) will be referred to the City Attorney for appropriate legal formatting.
Contact: Shirley Dean, Mayor, 644-6484; Dona Spring, Councilmember District 4, 644-6266; : Betty Olds, Councilmember District 6, 644-6399; Citizens Humane Commissioners Goldberg and Ober.
a. Councilmember Spring Information Report (dated November 16)
Contact: Dona Spring, Councilmember District 4, 644-6266
b. Councilmember Woolley Report (dated November 16)
Recommendation: Establish an Affordable Spay/Neuter Program for all Berkeley dogs and cats, begin a strong outreach and educational program to support responsible pet ownership, and collect data to be used as the basis for setting goals and priorities.
Contact: Diane Woolley, Councilmember District 5, 644-6294

Public Testimony: The Mayor opened the public hearing. Heard 66 speakers. Moved, seconded, carried (Olds/Armstrong; Absent - Worthington) to close the public hearing.

Action: The proposals by the Task Force on Animal Care and Control and Councilmember Woolley will be brought back along with any recommendations at a future meeting to be determined. Council asked that at this future meeting: 1) the City Attorney report on other laws that can be enforced as an alternative to the proposed Ordinance; 2) the Police Chief be available to present his report and answer questions; and 3) the City Manager present his recommendations.

25. Zoning Appeal of Use Permit 99-20000051 - 944 Fresno Avenue
a. Appeal filed by Paula Baker and David Nahman-Ramos regarding a State of California approved Use Permit by virtue of the State Permit Streamlining Act (due to the City failing to act on a project within 60 days of the date it was accepted as complete), to add approximately 770 square feet to an existing 1,900 square foot, two-story, single family dwelling at 944 Fresno Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report (dated October 12)
Recommendation: Schedule this matter for a public hearing.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
c. City Manager Report (dated November 16)
Recommendation: Adopt a Resolution approving Use Permit 99-20000051 to allow a major residential addition at 944 Fresno Avenue, based upon the findings and conditions of approval, and dismissing the appeals.
Contact: Liz Epstein, Planning and Development, 705-8105
d. Communications from October 12:

e. Communications for November 16:
1. Greg Harper, Attorney for appellants
2. Bob and Judi de Vries, applicants
Contact: Sherry M. Kelly, City Clerk, 644-6480
Public Testimony: The Mayor opened the public hearing. Heard eight speakers. Moved, seconded, carried (Maio/Olds) to close the public hearing.
Action: Decision to be made November 23, 1999.

26. 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 re-establishing existing Refuse Collection Districts, fixing and establishing rates for the collection of refuse in Berkeley, and rescinding Resolution No. 50,788-N.S.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Spring) to close the public hearing.
Action: Moved, seconded, carried (Worthington/Maio) to adopt Resolution No. 60,316 -N.S.

27. Final Design of 2116 Allston Way ("GAIA Project")
From: City Manager
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Received and filed.

28. Unclaimed Spay/Neuter Fees (to be delivered)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

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

1. Regarding proposed Spay/Neuter Ordinance:
a) Patricia Beall
b) Michele Mussen, James Hart, Paul Mussen, Sylvia Karchin, Emilie Strauss, Regina Rose, Levy Mussey, Nunt Mussen, and Ethel Mussen, transmitting copy of petition.
c) Susan Clayworth
d) Ellsworth-Howe Neighborhood Petition
e) Nathan Winograd   Breland
f) Laurie Capitelli   Breland
g) Cheryl Schwartz, D.V.M.,  Breland

2. Rachel Rupert, Berkeley Chamber of Commerce, regarding sidewalk and median strip signs. Breland

3. Newspaper article regarding Hot Dip Galvanizing Building at 725 Gilman Street.

4. Diane Hamilton, regarding verbal and physical abuse and favoritism at the Berkeley Women's Shelter at 1940 Dwight Way. Breland, Maio

5. Concerned property owner, regarding property at 2611 Hillegass and 2526 Ellsworth, 2201 Blake and 2426, 2430 Fulton. Armstrong, Breland, Worthington, Dean

6. Ellen Garvey, Executive Officer, Air Pollution Control Officer, responding to Council's request of September 14 concerning health risks resulting from specific air pollution sources located in the vicinity of Pacific Steel Casting facilities. Worthington, Dean

7. Zelda Bronstein, regarding press attack on West Berkeley Plan Worthington, Dean

8. Brian de Vallance, Director, U.S. Department of Justice, Washington, D.C., responding to Council action of September 14th regarding proposed state legislation to collect data, by race, on traffic stops. Breland

9. Pamela Sihvola and Gene Bernardi, Co-chairs, Committee to Minimize Toxic Waste, regarding transmittal of the Community Environmental Advisory Commission's resolution supporting inclusion of members of the public at the Lawrence Berkeley National Laboratory's Environmental Restoration Program Quarterly Meetings.

Item 11 - City Manager Evaluation Process
10. Mayor Dean, Councilmembers Armstrong, Breland and Maio, revised report.

Item 13 - Amendment to City Manager's Contract
11. Mayor Dean, Councilmembers Armstrong, Breland, and Maio, report and recommendation.

Item 17 - Debt Relief for Impoverished Countries
12. Councilmember Spring, amended recommendation.

Item 18 - IFEU Contract
13. Pamela Sihvola, Gene Bernardi, Co-Chair, Committee to Minimize Toxic Waste Worthington

Item 24 - Adoption of a Mandatory Spay/Neuter Ordinance
14. Animal Care and Control Task Force, supplemental report
15. Councilmember Woolley, report re: Policies for the Prevention of Cruelty to Animals
16. Sharon A. Coleman, President, The Animal Council
17. Stephanie Ortel, The American Kennel Club
18. Joan Miller, The Cat Fancier's Association, Inc.
19. Mary Kirwin Veloz
20. Cecelia Littlepage
21. Veronique Strange
22. Gordon Carvill, American Dog Owners Association, Inc.
23. Eric Mills, Coordinator, Action for Animals
24. Ric Oberlink
25. Marilyn Saarni
26. Warren Chick, G. Shepherd Construction, Inc.
27. Michael Jacob

Item 25 - Zoning Appeal of Use Permit 99-20000051 - 944 Fresno Avenue
28. David Nahman-Ramos and Paula Baker

Adjournment

Actions: Moved, seconded, carried (Spring/Maio) the main motion to suspend the rules and continue the meeting past 11:00 p.m. to complete the public hearings.

Moved, seconded, failed (Worthington/Woolley; Noes - Armstrong, Breland, Olds; Abstain - Shirek, Dean) to suspend the rules to continue the meeting past 11:00 p.m. to complete the public hearings and Item 5.

Meeting adjourned at 1:00 a.m.