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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, FEBRUARY 9, 1999

AGENDA

Preliminary Matters

Roll Call: 7:00 p.m.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

a. Proclamation Honoring "Censure and Move On" Group

Comments From The City Manager: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.

Youth Forum: A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.. Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

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

2. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) January 12, 1999 (closed); b) January 12, 1999 (regular); c) January 26, 1999 (special); and January 26, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Purchase Order: Two-Axle Garbage Truck
From: City Manager
Recommendation:
Adopt a Resolution awarding a Purchase Order to F. P. Hart Co., Inc. in an amount not-to-exceed $134,205 for the purchase of a 20-yard, 2-axle garbage truck.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

4. Purchase Order: Three-Axle Garbage Truck
From: City Manager
Recommendation:
Adopt a Resolution awarding a Purchase Order to Allstate Volvo & GMC Truck in an amount not-to-exceed $163,574 for the purchase of a 25-yard, 3-axle garbage truck.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

5. Purchase Order: Rotary Mower
From: City Manager
Recommendation:
Adopt a Resolution awarding a Purchase Order to H.V. Carter Co., Inc. in an amount not-to-exceed $67,263 for the purchase of a Jacobsen HR-9016 Turbo Wide-Area Rotary Mower.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

6. Contract: Sanitary Sewer Replacement and Storm Drain Improvement Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Replacement and Storm Drain Improvement Project located at Middlefield Road, Overlook Road, Hazel Road, Oakvale Avenue, Hillside Court, Prince Street, Webster Street and San Diego Road; 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 $1,479,186 for a period of 220 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

7. Deed Restriction Agreement: Marina Rehabilitation, F & G Dock Replacement
From: City Manager
Recommendation:
Adopt a Resolution dedicating to public use, in perpetuity, the path adjacent to Docks F and G, along Marina Boulevard in the Berkeley Marina, and authorizing the City Manager and the City Clerk to execute, and record, a deed restriction agreement with the San Francisco Bay Conversation and Development Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

8. Memorandum Agreement: Social Services Union/SEIU Local 535
From: City Manager
Recommendation:
Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with Social Services Union/SEIU Local 535 for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units G-1, G-3, I-A, I-B and L which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.
Contact: Ronald Brown, Personnel, 644-6951

9. Memorandum Agreement: Part-Time Recreation Leaders Assocation/SEIU Local 535
From: City Manager
Recommendation:
Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with the Part-Time Recreation Leaders Association/SEIU Local 535 (PTRLA) for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units R-1 and R-2 which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.
Contact: Ronald Brown, Personnel, 644-6951

10. Opposing PG&E’s Increased Rates
From: City Manager
Recommendation:
Adopt a Resolution opposing Pacific Gas and Electric’s (PG&E) requested $1.5 billion gas and electric rate increases.
Contact: Weldon Rucker, Deputy City Manager, 644-6580

11. Changing Location of City’s Official Posting Bulletin Board
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 58,556-N.S., establishing the place and manner of publicizing ordinances and other matters, to change the location of the City’s official posting board to the north side of the Civic Center Building at the corner of Milvia and Center Streets.
Contact: Rene Cardinaux, Capital Projects, 644-6580

12. Proclamations: Parks Mini-Grant Adopt-a-Park Groups
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Certificates of Appreciation for the recipients of Parks Mini-Grant funds in Round Three and Round Four, and in future Rounds, as Mini-Grant Program funds may be awarded.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

13. Development Impact Fee Waivers (CR 98-03 and 98-90)
From: City Manager
Recommendation:
Direct staff to forward to Council simultaneously with its correspondence to the Zoning Adjustments Board any recommendation to reduce affordable housing or child care impact fees by an amount that is greater than both $25,000 and 50% of the calculated fees based upon a project’s impacts.
Contact: Bill Lambert, Economic Development, 705-8184

14. Amend Ordinance Relating to Refunds of Sewer Bill Overpayments
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.20 (Ordinance No. 5535-N.S.) to authorize the Finance Department to refund specified overpayments of sewer bills.
Contact: Frances David, Finance, 644-6476; Zach Cowan, City Attorney, 644-6380

15. Cable Television Franchise Transfer Agreement
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an agreement transferring the Cable Television Franchise granted to Heritage Cablevision of Delaware, Inc. to AT&T Corporation.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

16. Continued Public Hearing Concerning Appeal of Use Permits 3033/3681 – Virginia Street (Berkeley Asphalt)
Recommendation: Continue the hearing on this matter from February 16, 1999 to March 16, 1999.
Contact: Zach Cowan, City Attorney, 644-6380

17. Regulating ATM Surcharges
From: Councilmembers Spring and Worthington
Recommendation:
Refer to the City Attorney a proposed San Francisco ordinance regarding prohibiting a financial institution from imposing a surcharge on non-account holders who use ATMs for evaluation as a potential Berkeley ordinance.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

18. Blocking Acquisition of Ingram Book Company
From: Mayor Dean
Recommendation:
Adopt a Resolution supporting the efforts by independent booksellers to block the acquisition of Ingram Book Company by Barnes & Noble and send the Resolution to the Chairman of the Federal Trade Commission, Mr. Robert Pitofsky, to the Anti-Trust Division of the U.S. Department of Justice and to our legislators in Congress.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

19. Support SB192: Banning MTBE From Gasoline
From: Mayor Dean
Recommendation:
Support SB192 which will require the immediate pump labeling of gasoline containing Methyl Tertiary Butyl Ether (MTBE) and would ban MTBE in gasoline beginning December 1, 1999 and notify Senator Perata, our Sacramento Lobbyist, our representatives in Sacramento, and other Mayors in the Bay Area urging them to take similar action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

20. Raising the Tibetan Flag in Solidarity With Tibetan People
From: Councilmember Worthington and Mayor Dean
Recommendation:
Allow the Tibetan flag to be raised on the City flag pole on March 10, 1999 to show solidarity with the people of Tibet, as well as Tibetan support groups in European communities, in commemoration of the Tibetan National Uprising.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Shirley Dean, Mayor, 644-6484

21. National Freedom to Marry Day
From: Councilmembers Worthington, Shirek, Spring
Recommendation:
Support the non-interference of the government with same-gender couples who choose to marry and share fully and equally in the rights, responsibilities, and commitment of civil marriage, and declare February 12th as National Freedom to Marry Day.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243; Dona Spring, Councilmember District 4, 644-6266

22. Support for Berkeley High School Jazz Ensemble
From: Councilmember Maio
Recommendation:
Adopt a Resolution donating $1,000 to the Berkeley High School Jazz Ensemble for their planned trip to Japan in June 1999; and approving a proclamation to be read at the kickoff fundraising event for this tour on Sunday, February 28, 1999 at the Claremont Hotel on behalf of the City Council.
Contact: Linda Maio, Councilmember District 1, 644-6359

23. Service Recognition: Frederica Drotos
From: Community Environmental Advisory Commission
Recommendation:
Recognize the efforts of Frederica Drotos for her two years of service with the Community Environmental Advisory Commission on such issues as Lawrence Berkeley National Laboratory, control of plastics usage and waste generation, and organic food laws.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
a. City Manager Report
Recommendation: Concurs with content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

Action Calendar

Appeals:

24. Zoning Appeal of Use Permit 98-10000025 – 165 Vicente Road

a. Appeal filed by Georgia Wright, of the Zoning Adjustments Board decision granting a Use Permit to construct a 4,670 square foot, one family dwelling to be built in a "stepped form" on a down slopping 13,600 square foot lot located in the R-2(H) Zoning District at 165 Vicente Road.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communications From:

    1. Sheli Nan

    2. David Kessler

    3. William and Lorelei O’Neill, applicant

    4. Rena Rickles, Attorney, on behalf of applicant

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

25. Zoning Appeal of Use Permit 98-10000070 – 2141 Ward Street

a. Appeal filed by Leah Hess, Attorney, on behalf of Jorge Sanchez, of the Zoning Adjustments Board decision granting a Use Permit to: 1) allow elimination of one 2nd floor unit and to allow the ground floor unit; 2) vertically extend the line of the non-conforming wall by raising the height of the structure; 3) horizontally extend the line of the non-conforming wall to construct a mechanical equipment room; and 4) allow the construction of two trellises approximately 9-feet high in the required front yard at 2141 Ward Street.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication:
1. Leah Hess, Attorney on behalf of appellant

26.  Zoning Appeal of Use Permit 98-10000054 - 2527 Piedmont Avenue
a. Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock,
of the Zoning Adjustments Board’s decision granting a Use Permit to demolish an existing four-unit residential building and construct a three-unit residential structure at 2527 Piedmont Avenue.
Contact: Sherry Kelly, City Clerk, 644-6480
b. City Manager’s Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve a Use Permit to demolish a four-unit building and construct a three-unit residential building.
Contact: Liz Epstein, Planning & Development, 705-8110
c. Communication from:
    1. John Coreris and Donald Hunt, applicants
Contact: Sherry M. Kelly, City Clerk, 644-6480

27. Landmarks Preservation Commission Appeal – 2527 Piedmont Avenue
a. Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock,
of the Landmarks Preservation Commission’s determination that a project proposal concerning the Merton J. Congdon House located at 2527 Piedmont Avenue, is categorically exempt (Class 3) from CEQA Guidelines.
Contact: Sherry Kelly, City Clerk, 644-6480
b. City Manager’s Report (material incorporated in above report – item 26b)
Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission to approve the demolition/alteration of a designated Structure of Merit to allow a three-unit residential building.
Contact: Liz Epstein, Planning & Development, 705-8110
c. Communications from:
1. Cathy Kessel
2. Judith Epstein
Contact: Sherry M. Kelly, City Clerk, 644-6480

NOTE: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by an other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

Old Business:

(Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included. However, new material has been noted with an *.)

28. Continued Public Hearing Regarding Adoption of a New Zoning Ordinance (see agenda packet of January 26, 1999 for written material)
a. City Manager Report dated February 9, 1999 * (to be delivered)
Recommendation:
1) conduct and conclude the public hearing; 2) adopt a Resolution approving the proposed Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); 3) adopt first reading of an Ordinance repealing Ordinances No. 413-N.S. and No. 3018-N.S. and adopting a new Zoning Ordinance (including new replacement pages) and Official Zoning Map; and 4) direct the Planning Commission in consultation with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission (LPC), to review the revised Ordinance not more than six months after its effective date to evaluate the effectiveness of the Ordinance changes, consider items referred by the Council and others in the "Referral List" and recommend proposals on additional changes which are needed.
Contact: Liz Epstein, Planning and Development, 705-8105

b. City Manager Report dated January 26, 1999
Recommendation:
Conduct a public hearing and upon conclusion, continue the matter to February 9th to: 1) adopt a resolution approving a Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); 2) adopt first reading of an Ordinance repealing Ordinance Nos. 413-N.S. and 3018-N.S. and adopting a new Zoning Ordinance and Official Zoning Map; and 3) direct the Planning Commission in consultation with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission (LPC), to review the revised Ordinance six months after its effective date to evaluate the effectiveness of the Ordinance changes, consider items referred by the Council and others in the "Six Month List", and recommend proposals on additional changes which are needed.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Planning Commission Report dated January 26, 1999
Recommendation:
1) Initiate an amendment to the C-1(T) District regulations as follows: a) prohibit new off-sale alcohol establishments, b) prohibit the establishment of any new use which involved the sale and distribution of drug paraphernalia, as defined in the Health and Safety Code, and c) require a Use Permit from the Zoning Adjustments Board for any new use involving the sale and distribution of tobacco products and associated merchandise; 2) Consider Citywide zoning changes to prevent alcohol-related and drug paraphernalia uses proposed to be prohibited in the C-1(T) District from locating in other parts of the City; and 3) Consider a comprehensive package designed to address the root causes of alcoholism and drug abuse.
Contact: Karen Haney-Owens, Secretary, 705-8105
d. Communications from 1998:

      1. Martha Nicoloff
      2. Landmarks Preservation Commission
      3. Berkeley Architectural Heritage Association
      4. Doris Willingham, LPC ZO Review Subcommittee
      5. Daniella Thompson and James Sharp
      6. Catherine Roha, A.I.A.,
      7. Landmarks Preservation Commission
      8. Joe Marsh, LPC Chair
      9. Carrie Sprague and Nancy Holland
e. Communication from January 26, 1999:

      1. Martha Nicoloff
f. Communication: *

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

29. Moratorium on New Restaurants (removed from Consent by Councilmember Maio from January 26, 1999 meeting)
From: Councilmember Spring
Recommendation:
Refer the request for a moratorium on new restaurants, especially fast food restaurants in the downtown area, to the Planning Commission and request that the Commission form a staffed subcommittee to work with representatives of downtown businesses, including restaurants and coffee shop owners, to develop a quota plan similar to other commercial areas such as Telegraph and Solano Avenues.
Contact: Dona Spring, Councilmember District 4, 644-6266

New Business:

30. Protesting Improper Use of Pepper Spray
From: Community Environmental Advisory Commission
Recommendation:
Direct the City Clerk to write a letter of protest to the Bay Area Coalition for Headwaters and the Humboldt County District Attorney regarding the improper use of pepper spray by Police, and approve sending appropriate expert witnesses to testify if there is an appeal to the Court decision approving the application of pepper spray to the eyes, and if it should be requested.
Contact: Nabil Al-Hadithy, Secretary, 705-8155

a. City Manager Report

Recommendation: The City Manager takes no position on this matter.
Contact: Liz Epstein, Planning and Development, 705-8105

31. Response to Lawrence Berkeley National Laboratory (LBNL)
From: Community Environmental Advisory Commission
Recommendation:
Request the City Manager respond to a letter from Dr. Shank, Director of Lawrence Berkeley National Laboratory (LBNL), dated September 11, 1998 regarding tritium emissions and controls.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
a. City Manager Report
Recommendation:
The City Manager takes no position on this matter.
Contact: Liz Epstein, Planning and Development, 705-8105

Information Reports

32. Investment Report for September 1998
From: City Manager

Contact: Frances David, Finance, 644-6476

33. Investment Report for October 1998
From: City Manager

Contact: Frances David, Finance, 644-6476

34. Investment Report for November 1998
From: City Manager

Contact: Frances David, Finance, 644-6476

35. Ordinance Regulating Wood-Burning Appliances (CR 99-04)
From: City Manager

Contact: Manuela Albuquerque, City Attorney, 644-6380

36. Notice of Decision for 2606 Dwight Way – American Baptist Seminary of the West (BMC 3.24.190 allows Council to move this report to ?Action? to certify the decision and set a public hearing) (to be delivered)

From: Landmarks Preservation Commission

Contact: Margaret Kavanaugh-Lynch, Secretary, 705-8111

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

1. Helen Silkett, regarding Use Permit project at 1401-1405 Curtis St.

2. Curtis Bray, regarding Berkeley Emergency Food Project.

3. Twenty-four residents of Strawberry Creek Lodge, regarding a public forum on nuclear weapons work at Livermore Berkeley Lab.

4. Lamile Perry, requesting funding for the 1999 Australian Junior National Wheelchair Games.

5. Virginia Ivancich, regarding banning wood fires.

6. Maryann Ettehadich, Elmwood Garden Gallery. regarding enforcement of the Sign Ordinance.

7. Estelle Jelinek, regarding parking tickets on Telegraph Avenue.

8. Patrick Kennedy, transmitting copy of newspaper article regarding People’s Park.

9. Don Wolfe, Silicon Valley Citizens Against Lawsuit Abuse, regarding court ruling protects taxpayer dollars from lawsuit abuse.

10. Bruce Balshone, Coalition for a One-Stop Terminal, regarding extending BART beyond SFO Airport.

11. George Kauffman, regarding the death of Trevor Thomas, one of Berkeley’s most distinguished citizens.

12. Robert A. Ellsworth, Rue-ell Enterprises, Inc., regarding proposed quota plan for the Downtown.

13. Mark Brown, Lutheran Office for Governmental Affairs, regarding United States Campaign to Ban Landmines.

14. Craig Conly, Interim Director and Pamela Jester, Interim Co-Director, Continuing Education of the Bar (CEB), regarding the University of California’s review of CEB.

15. Mike Limon, 924 Gilman St. Project, regarding recent complaints from DiCon Fiberoptics.

16. Regarding Claremont Avenue proposal:
a) Jillian Strawn
b) Mike and Taeko Jenkins
c) Edward J. Grillo
d) Brian Deans
e) Chris 
f) Perry Trautner
g) James McMurray
h) Nine identical postcards

17. John Vance, Coordinator, A first Amendment Center, regarding still Giuliani time in Berkeley.

18. Jennifer Burke, regarding an art program for children at Totland Park.

19. Alice Frazier, regarding justice.

20. Amy B. Muhs, Director, Coalition for Free Streets, regarding Houston’s TX Speed Hump Program.

22. Malcolm Burnstein, regarding central library restoration.

23. Victor J. Lab, transmitting copy of City of Davis Ordinance and newspaper clipping regarding "Dark Skies" Ordinance.

Adjournment


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.