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2180 Milvia Street, Berkeley, CA 94704 
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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, JANUARY 12, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:16 p.m. All present.

Ceremonial Matters: None

Comments from the City Manager:

Report from University of California Berkeley regarding program changes in the Southside area relating to safety.

Reported on the move from City Hall to 1900 Addison by City Council, City Manager and City Clerk departments.

The Police Department web page was chosen recently by the COPS TV show as Website of the Month.

Comments from the Public:

Eleven speakers

Youth Forum:

One speaker.

 Consent Calendar

Action: Moved, seconded, carried (Breland/Spring) to approve Consent Calendar items in one motion unless otherwise indicated.

  1. Confirming actions taken by the City Manager during the Winter Recess:
    a. Wildcat Canyon Road Slide Repair
    Recommendation:
    Adopt a Resolution 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 $592,240 for permanent repair of landslides on Wildcat Canyon Road, Sites 1 and 3, for the period December 10, 1998 to February 10, 1999.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
  2. Action: Adopted Resolution No. 59,834-N.S.

  3. 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
  4. Action: Adopted Resolution No. 59,835-N.S.

  5. Minutes for Approval
    From: City Manager
    Recommendation:
    Approve the minutes for Council meetings of: a) November 24, 1998 (regular); b) December 8, 1998 (regular); and c) December 8, 1998 (closed).
    Contact: Sherry M. Kelly, City Clerk, 644-6480
  6. Action: Approved minutes.

  7. Ordinance for Second Reading:
    a.
    Enacting General Regulations for newsracks in commercial areas outside the downtown; amending Berkeley Municipal Code (BMC) Section 16.18.040 (Ordinance No. 5514-N.S.) to exempt authorized newspaper vending racks; and amending Sections 12.1 and 12.1-J, and repealing Sections 12.1-K and 12.1-N of Traffic Ordinance No. 3262-N.S., to exempt permitted newsracks and making other technical changes. (Noes - Worthington)
  8. Action: Adopted Ordinance No. 6471-N.S.

  9. Revision of 1999 Council Meeting Schedule
  10. From: City Manager

    Recommendation: Adopt a Resolution rescinding Resolution No. 59,766-N.S. to revise the 1999 Council meeting schedule in order to cancel the meeting of January 19, 1999; and to amend Council rules to allow for the two public hearings set for January 19 to be held on January 26, 1999.
    Contact: Sherry Kelly, City Clerk, 644-6480

    Action: Adopted Resolution No. 59,836-N.S.

  11. Contract: Emergency Sidewalk Repair Project
    From: City Manager
    Recommendation:
    Adopt a Resolution approving the plans and specifications for the Fiscal Year 1998-99 Emergency Sidewalk Repair Project; accepting the bid of Golden Pacific Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $250,103 for the period January 25, 1999 to June 30, 1999.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
  12. Action: Adopted Resolution No. 59,837-N.S.

  13. Contract Amendment: Downtown Pedestrian Corridor Center Street
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Esquivel Grading & Paving, Inc. for the Downtown Pedestrian Corridor Center Street Project increasing the amount $6,000 for a total not to exceed $686,000 due to unforeseen underground work.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
  14. Action: Adopted Resolution No. 59,838-N.S.

  15. Grant Agreement: Low-Income Home Energy Assistance Program
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a Low-Income Home Energy Assistance Program (LIHEAP) revenue agreement and any amendments with the State Department of Community Services and Development in the amount of $118,325 for the period January 1, 1999 through December 31, 1999, to provide bill payment and weatherization assistance to eligible residents of Berkeley, Albany and Emeryville and to increase the budgets for Fund 352 by $4,166 and for Fund 354 by $38,283.
    Contact: Weldon Rucker, Deputy City Manager, 644-6580
  16. Action: Adopted Resolution No. 59,839-N.S.

  17. Fiscal Year 1997-98 Community Development Block Grant (CDBG) Carryover Funds (to be delivered)
    From: City Manager
    Recommendation:
    Adopt a Resolution reappropriating $1,676,071 of committed carryover funds from Fiscal Year 1997-98 CDBG Grant Program to Fiscal Year 1998-99, and refer $91,458 in uncommitted Fiscal Year 1997-98 CDBG funds to the Fiscal Year 1999-2000 CDBG budget allocation process.
    Contact: Weldon Rucker, Deputy City Manager, 644-6580
  18. Action: Withdrawn by the City Manager to come back on January 26, 1999.

  19. Establish Mechanic Lead Classification
    From: City Manager
    Recommendation:
    Adopt a Resolution amending Resolution No. 59,798-N.S., Classification/Salary Resolution for SEIU Local 790 Employees to establish the Mechanic Lead with a monthly salary range of $3839-4073 effective January 1, 1999 and $4053-4300 effective June 27, 1999.
    Contact: Ronald Brown, Personnel, 644-6951
  20. Action: Adopted Resolution No. 59,840-N.S.

  21. Cost-of-Living Salary and Benefit Adjustments for Unrepresented Employees (to be delivered)
    From: City Manager
    Recommendation:
    Adopt a Resolution approving salary and benefit adjustments for Unrepresented Employees in Units Z-1 (Confidential Executive and Management), Z-2 (Confidential Professional), Z-3 (Confidential Clerical), Z-4 (Legislative Aides), and X-1 (Unrepresented Hourly and Camps Employees) retroactive to July 1, 1998.
    Contact: Ronald Brown, Personnel, 644-6951
  22. Action: Adopted Resolution No. 59,841-N.S.

  23. Employee Contributions to Art
    From: City Manager
    Recommendation:
    Adopt a Resolution appropriating $2,819 in previous and current year unspent revenues collected from employee contributions for the arts to the Fiscal Year 1998/99 budget in the Office of Economic Development to expand the City’s collection of Public Art.
    Contact: Bill Lambert, Office of Economic Development, 705-8180
  24. Action: Adopted Resolution No. 59,842-N.S.

  25. Amend Ordinance: Removal of Coast Live Oak Trees
    From: City Manager
    Recommendation:
    Adopt first reading of an Ordinance amending Ordinance No. 6462-N.S., and any amendatory ordinances to protect Coast Live Oak trees and change size, measurement method and criteria for removal of Coast Live Oak trees.
    Contact: Lisa Caronna, Director of Parks and Waterfront, 644-6943 ext. 222
  26. Action: Withdrawn by the City Manager.

  27. Amend Ordinance: Advertising of Alcohol Products and Tobacco Products (CR97-105)
    From: City Manager
    Recommendation:
    Adopt two Ordinances, (1) adding Chapter 20.67 to the Berkeley Municipal Code, Signs, to prohibit alcohol product advertising within 1400 feet of schools; and (2) amending Chapter 20.66 of the Berkeley Municipal Code (Ordinance No. 6447-N.S.) to prohibit tobacco product advertising within 1400 feet of schools.
    Contact: Manuela Albuquerque, City Attorney, 644-6380
  28. Actions: Removed from the Consent Calendar by Councilmember Woolley.

    Moved, seconded, carried (Woolley/Olds) to adopt first reading of Ordinance amending Chapter 20.66 of the Berkeley Municipal Code to prohibit tobacco product advertising within 1400 feet of schools.

    Moved, seconded, carried (Breland/Spring; Noes – Armstrong, Dean, Olds, Woolley) to adopt first reading of Ordinance adding Chapter 20.67 to the Berkeley Municipal Code, Signs, to prohibit alcohol product advertising within 1400 feet of schools; and to refer to the 2 x2 Committee the matter of an alcohol prevention program for young people.

  29. Amend Ordinance: Signs
    From: City Manager
    Recommendation:
    Adopt an Ordinance amending Sign Ordinance No. 4291-N.S., Berkeley Municipal Code (BMC) Title 20, to change the minimum height for projecting signs from not lower than ten feet above sidewalks to not lower than eight feet above sidewalks, and making a various other technical and typographical corrections.
    Contact: Liz Epstein, Planning and Development, 705-8105
  30. Action: Adopted first reading of Ordinance. Second reading January 26, 1999.

  31. Contract Amendment: I-80 Bicycle/Pedestrian Overcrossing
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a contract with Donaldson Associates for the I-80 Bicycle/Pedestrian Overcrossing to include significant revisions to prepared reports and additional environmental analysis required for National Environmental Protection Act (NEPA) approval in an amount not to exceed $27,170 and ending on December 31, 1999.
    Contact: Rene Cardinaux, Capital Programs, 644-6580
  32. Action: Adopted Resolution No. 59,843-N.S.

  33. Contract Amendment: Marina Rehabilitation, F & G Dock Replacement
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to amend the contract with Vortex Diving Inc. increasing the authorized amount by $100,000 for a total amount of $2,113,895 for the period January 14, 1999 to June 1, 1999.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
  34. Action: Adopted Resolution No. 59,844-N.S.

  35. Contract Amendment: Interest Based Bargaining Facilitation (to be delivered)
    From: City Manager
    Recommendation:
    From: City Manager
    Recommendation:
    Adopt Resolution authorizing the City Manger to execute an agreement and any amendments with Ian Walke, Pacific Network of Dispute Resolution, for Interest Based Bargaining Facilitation in an amount not to exceed $35,000.
    Contact: Bob Bailey, City Manager’s Office, 644-6580
  36. Action: Adopted Resolution No. 59,845-N.S.

  37. Budget for Computers and Telephones for Move
    From: City Manager
    Recommendation:
    Adopt a Resolution allocating an additional $150,000 for the telecommunications and computer infrastructures for the new offices to be occupied by City staff while the Civic Center is seismically retrofitted, pursuant to Ordinance 6420, Section 7.
    Contact: Chris Mead, Information Systems, 644-6820
  38. Action: Adopted Resolution No. 59,846-N.S.

  39. Waive Fees for Berkeley Arts Festival
    From: Mayor Dean
    Recommendation:
    Adopt a Resolution supporting the Second Berkeley Arts Festival on April 24, 1999 in Martin Luther King Jr. Park, and waiving approximately $295 in fees for a noise variance, sound amplifier, special event and possible inspection and processing of temporary food booths.
    Contact: Jennifer Drapeau, Mayor’s Office, 644-6484
  40. Action: Adopted Resolution No. 59,847-N.S.

  41. Co-Sponsor Raising Funds for First Church of Christ, Scientist
    From: Mayor Dean
    Recommendation:
    Co-sponsor an event to raise funds for restoration of Bernard Maybeck’s First Church of Christ, Scientist in Berkeley, including placement of a poster advertising the event in the Downtown Information Kiosk at Center and Shattuck for two weeks beginning January 18, 1999.
    Contact: Tamlyn Bright, Mayor’s Office, 644-6484
  42. Action: Approved recommendation.

  43. Prohibit Wood-Burning Appliances
    From: Mayor Dean
    Recommendation:
    1) Refer a draft model ordinance regarding prohibiting wood-burning appliances prepared by the Bay Area Air Quality Management District (BAAQMD) to the City Attorney for review; 2) request the Planning Commission, the Housing Advisory Commission, the Zoning Adjustments Board, the Energy Commission, and the Community Environmental Advisory Commission to consider the ordinance and report back within 45 days with recommendations and comments; and 3) schedule the matter for a public hearing and invite a representative of the BAAQMD.
    Contact: Barbara Gilbert, Mayor’s Office, 644-6484
  44. Action: Removed from the Consent Calendar by Councilmember Woolley. Moved, seconded, carried (Worthington/Spring; Noes – Woolley; Abstain – Armstrong, Shirek) to approve the recommendation amended to remove specific language as noted above.

  45. Sierra Club Effort to End User Fees on Public Lands
    From: Councilmember Armstrong
    Recommendation:
    Adopt a Resolution supporting efforts by the Sierra Club to urge Congress to restore needed public funding to the Forest Service and other Federal public land agencies for their recreation programs, and opposing the current Congressionally-mandated recreation fee demonstration program, except for National Park System lands, and any efforts to privatize, commercialize, and motorize recreation on the public lands; and send copies of the resolution to organizations and elected officials.
    Contact: Polly Armstrong, Councilmember District 8, 644-6401
  46. Action: Adopted Resolution No. 59,848-N.S.

  47. Downtown Improvements
    From: Councilmember Spring
    Recommendation:
    Approve changing Councilmember Spring’s "yes" vote on the downtown plan to remove approximately two-thirds of the existing trees on Shattuck and University Avenues, be changed to a "no" vote due to continued public opposition to the removal of so many existing trees.
    Contact: Dona Spring, Councilmember District 4, 644-6266
  48. Action: Approved recommendation.

  49. Against Impeachment of President Clinton
    From: Councilmember Woolley
    Recommendation:
    Adopt a Resolution calling on the United States Senate to drop all impeachment charges against President William Jefferson Clinton.
    Contact: Diane Woolley, Councilmember District 5, 644-6294
  50. Action: Adopted Resolution No. 59,849-N.S.

  51. Certification of Election for the Representatives of The Poor
    From: Human Welfare and Community Action Commission
    Recommendation:
    Adopt a Resolution certifying the results of the November 18, 1998 Election for Representatives of the Poor to the Human Welfare and Community Action Commission (HWCAC) and confirming Carol Hughes (District 2) as elected to a two-year term, and the following as elected to four-year terms: Willie Harold (District 1), Nancy Holland (District 2), Willie Phillips (District 3).
    Contact: Marianne Graham, Secretary, 665-3475
    a.City Manager Report
    Recommendation:
    Concurs with the content and recommendations of the Commission.
    Contact: Weldon Rucker, Deputy City Manager, 644-6580
  52. Action: Adopted Resolution No. 59,850-N.S.

    Action Calendar

    Appeals:

  53. Zoning Appeal of Use Permit 97-10000052 – 2455 Prospect Street
  54. a. Appeal filed by Malcolm Smith, Attorney on behalf of Reza Valiyee, Applicant, of the Zoning Adjustments Board decision denying a Use Permit for property at 2455 Prospect Street to: a) modify Variance 495 which established a 50-person rooming house which had 29 bedrooms to permit a reconfiguration of the interior floor plan, to permit 50 separate one-person bedrooms; b) establish a manager's unit on the first floor (formerly the basement); and c) construct a stairway from the second story deck to the property line.
    Contact: Sherry M. Kelly, City Clerk, 644-6484
    b. City Manager Report
    Recommendation:
    Set a public hearing for February 16, 1999 to consider appropriate action on the Use Permit.
    Contact: Liz Epstein, Planning and Development, 705-8105
    c. Communications from:
    1. Chris Thomas and other residents of 2455 Prospect St.
    Contact: Sherry M. Kelly, City Clerk, 644-6484

    Action: Moved to Consent Calendar by Councilmember Maio and approved City Manager recommendation to set for a public hearing. (Noes – Worthington)

    Priority:

  55. Presentation: Progress Report on the Library Project (15 minute oral report)
    Contact: Adelia Lines, Library Department, 649-3908
  56. Action: Heard presentation.

    Old Business:

  57. Amend Uniform Housing Code and Relocation Ordinances (held over from December 8, 1998 meeting)
    From: City Manager
    Recommendation:
    Adopt first reading of two ordinances to provide enforceability and greater protections to tenants by: a) repealing and reenacting Berkeley Municipal Code Chapters 19.40 (Housing Code) and Chapter 19.44 (Housing Appeal) (amends Ordinance No. 6312-N.S.); and b) amending Berkeley Municipal Code Section 13.84.060 (Ordinance No. 5725-N.S.) Relocation Services and Payments for Residential Tenant Households.
    Contact: Manuela Albuquerque, City Attorney, 644-6380
  58. Action: Moved to Consent Calendar by Councilmember Armstrong. Adopted first reading of Ordinances. Second reading January 26, 1999.

  59. Section 8 Project-Based and Tenant-Based Subsidized Housing (CR 98-043 and CR 98-096) (held over from December 8, 1998 meeting)
    From: City Manager
    Recommendation:
    Direct staff to meet with: 1) 3x3 Joint Task Force on Housing to analyze further the risks facing Section 8 subsidized housing in the City and report on actions taken in areas outlined in the report; and 2) non-profit owners of project-based Section 8 buildings with year-to-year contract renewals and develop language for a revised annual letter to their tenants.
    Contact: Weldon Rucker, Deputy City Manager, 644-6580
  60. Action: Moved to Consent Calendar by Councilmember Armstrong. Approved recommendation.

  61. Expanding Services for the Homeless During the Heavy Rains (removed from Consent by Councilmember Armstrong from December 8, 1998 meeting)
    From: Councilmembers Worthington and Breland
    Recommendation:
    Refer to the City Manager the authority to expand emergency services to the homeless during heavy winter rain, both day and night, and authorize the City Manager to expend the resources necessary to implement this recommendation.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400
  62. Action: Moved to Consent Calendar by Councilmember Armstrong. Approved

    recommendation.

  63. Solutions for Homeless Youth (removed from Consent by Councilmember Spring from December 8, 1998 meeting)
    From: Councilmember Spring
    Recommendation:
    Allocate $12,000 for homeless peer councilors from the money set aside in the budget for Telegraph Avenue.
    Contact: Dona Spring, Councilmember District 4, 644-6266
  64. Actions: Moved, seconded, failed (Olds/Armstrong; Noes – Breland, Maio, Shirek, Spring, Worthington) a substitute motion to refer use of these funds to the City Manager.

    Moved, seconded, carried (Spring/Breland; Noes – Olds, Woolley; Abstain -

    Armstrong, Dean) the main motion to adopt Resolution No. 59,851-N.S. allocating funds for homeless peer counselors and designating the funds come from the Telegraph Avenue restroom budget; request that staff work with the Chaplaincy for the Homeless to develop job descriptions for the peer counselors, goals and a method to monitor performance; to include Shattuck Avenue in the area of work; and staff to work with the Chaplaincy to determine a time frame for the positions to be filled to fit the needs of the City.

  65. Consolidated Polling Places (removed from Consent by Councilmember Armstrong from December 8, 1998 meeting)
    From: Councilmember Spring
    Recommendation:
    Request the City Clerk write to Brad Clark, Alameda County Registrar of Voters, asking that precinct polling places not be consolidated at future primary and general elections in Berkeley due to the problems encountered in the November 3, 1998 General Election which disenfranchised hundreds, if not thousands of voters.
    Contact: Dona Spring, Councilmember District 4, 644-6266
  66. Action: Moved, seconded, carried (Spring/Olds) to request the City Clerk specify in the letter problems that occurred and to include in the letter the following: that the Registrar of Voters make every attempt not to consolidate polling places in future primary and general elections; that the County conduct an education drive to urge voters to vote absentee; to urge the County to increase the salaries for polling place workers and to increase the amount paid for use of buildings for polling places; to give adequate notice to the public before an election if it is necessary to consolidate; and to inform the City in advance of an election so the Council can help recruit workers and locations.

  67. Reimbursement for Overpayment of Sewer Bills (removed from Consent by Councilmember Spring from December 8, 1998 meeting)
    From: Councilmembers Armstrong, Olds, Woolley and Mayor Dean
    Recommendation:
    Ask the City to reimburse Berkeley residents who have paid unfairly high sewer bills in the months between July 1998 when the Council passed the sewer tax cap, and January 1999 when East Bay Municipal Utility District (EBMUD) will finally re-order their billing to reflect that cap.
    Contact: Polly Armstrong, Councilmember District 8, 644-6401; Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Diane Woolley, Councilmember District 5, 644-6294
  68. Action: Held over to January 26, 1999 at the request of the City Manager to come back with a staff report regarding financial impact to the sewer fund.

  69. Scheduling a Special Workshop Regarding the Year 2000 (Y2K) (removed from Consent by Councilmember Maio from December 8, 1998 meeting)
    From: Mayor Dean
    Recommendation:
    Request the City Manager schedule a community workshop, separate from a regularly scheduled meeting, to discuss the Y2K problem and issues that go beyond City government response and that impact Berkeley residents, businesses and institutions.
    Contact: Shirley Dean, Mayor, 644-6484
  70. Action: Moved to the Consent Calendar by Councilmember Maio and referred to the Task Force on Year 2000 to help in scheduling and planning the agenda.

  71. Increasing Use of Environmentally-Friendly Paper Products (removed from Consent by Mayor Dean from December 8, 1998 meeting)
    From: Councilmember Maio
    Recommendation:
    Direct staff to engage in an analysis, with Dancing Tree Paper or a similar company, of the feasibility of increasing the City’s use of environmentally sound, recyclable and/or 100% post-consumer content paper, and to report back to the Council before April 1999.
    Contact: Linda Maio, Councilmember District 1, 644-6359
  72. Action: Moved to the Consent Calendar by Mayor Dean. Approved recommendation.

    New Business:

  73. Berkeley Bicycle Plan
    From: City Manager
    Recommendation:
    Adopt a Resolution approving the Berkeley Bicycle Plan: Draft for Inclusion in the General Plan (dated 12/31/98) as a conceptual document for inclusion in the General Plan Update currently under way, with the understanding that the required environmental review will be completed early next year and brought to the Council, along with the Plan for adoption as a stand-alone document, by June 30, 1999.
    Contact: Liz Epstein, Planning and Development, 705-8105
    Action: Moved to the Consent Calendar by Councilmember Armstrong. Adopted Resolution No. 59,852-N.S. and directed that the Fire Department concerns are included in comments; and that residents and businesses of the seven designated bike boulevards will be informed and educated before final adoption in the General Plan.
  74. Uniform Selective Purchasing Policy
    From: City Manager
    Recommendation:
    Adopt five Resolutions, (1) expressing support for a national foreign policy which places paramount importance on human rights by prohibiting the expenditure of public funds for personal services, procurement of goods, investments or deposits with business entities which do business with those governments designated by the Council as "Oppressive States" and repealing Resolutions Nos. 57,881-N.S., 59,009-N.S. and 59,107-N.S.; (2) adding the Nation of Burma (Union of Myanmar) to the Oppressive States list; (3) adding the Tibet Autonomous Region and the provinces of Ado, Kham and U-Tsang to the Oppressive States list; (4) adding the Federal Republic of Nigeria to the Oppressive States list; and (5) adding the Republic of Indonesia and the region of East Timor to the Oppressive States list.
    Contact: Manuela Albuquerque, City Attorney, 644-6380
  75. Action: Moved to the Consent Calendar by Councilmember Maio. (Abstain – Armstrong). Adopted revised Resolution No. 59,853-N.S., Resolution No. 59,854-N.S., Resolution No. 59,855-N.S., Resolution No. 59,856-N.S., and Resolution No. 59,857-N.S.

  76. City of Emeryville Proposal to Reconfigure Ashby Interchange of I-80
    From: Transportation Commission
    Recommendation:
    That Council take the following action: (1) Direct that the City of Berkeley continue, in conjunction with Emeryville and CalTrans, to explore reconfiguring the Ashby interchange, and indicate that the City of Berkeley does not at this time support or oppose the proposal, but reserves the right to support or oppose the proposal at a future date; (2) request that the City of Emeryville or CalTrans provide funds for an independent traffic study managed by Berkeley to review the many traffic and related issues raised by the Ashby interchange proposal. This study would review the traffic and land use implications of various possible projects at the Ashby interchange, including the project as proposed by Emeryville, relocation of the Potter Street on-ramp only, and possibly another alternative; and (3) request that CalTrans delay approval of the Project Study Report (PSR) for the reconfiguration of the Ashby/I-80 interchange until such time as this independent traffic study can be completed to the satisfaction of the City of Berkeley.
    Contact: Nathan Landau, Transportation Commission Secretary, 705-8136
    a.City Manager Report
    Recommendation:
    Concurs with the content and recommendations of the Commission.
    Contact: Liz Epstein, Planning and Development, 705-8105
  77. Action: Withdrawn by the City Manager.

  78. Support for Housing Conference
    From: Commission on Disability
    Recommendation:
    Co-sponsor a half-day Housing Conference with local housing and disability rights organizations and the University of California, tentatively scheduled for April 1999; and City Council identify the Mayor and/or Councilmember(s) to work with the Commission on Disability to plan and participate in this event.
    Contact: Eric Dibner, Secretary, 665-3445
    a.City Manager Report
    Recommendation:
    Concurs with the content and recommendations of the Commission.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

    Action: Moved to Consent Calendar by Councilmember Armstrong. Approved recommendation. Councilmembers Spring, Maio, Breland and Mayor Dean announced that they will work with the Commission.

    41. Oral Report from Staff and Council Discussion Concerning Zoning Ordinances and Their Applicability to Group Living Situations

From: City Manager

Contact: Liz Epstein, Planning and Development, 705-8105

Action: Moved, seconded, failed (Armstrong/Olds; Abstain – Breland, Maio, Shirek, Spring, Worthington) to direct staff to research methods other university cities are using to control this problem and to ask the City Attorney and Planning staff for innovative ideas to help neighborhoods that are faced with this problem.

Information Reports

  1. Update on Telegraph Avenue Area
    From: City Manager
    Contact: Weldon Rucker, Deputy City Manager, 644-6580
  2. Action: Received and filed

  3. 1996-97 Yearly Commission Report
    From: Community Health Commission
    Contact: Verdie Thompson, Secretary, 644-6496
  4. Action: Received and filed.

  5. Blind Issues Forum
    From: Commission on Disability
    Contact: Eric Dibner, Secretary, 665-3445

Action: Received and filed.

Communications

  1. Jon Blauw, Oakland, regarding parking fees. Woolley, Maio
  2. Daniella Thompson and James Sharp, regarding PowerBar’s rooftop sign at 2150 Shattuck Avenue. Breland
  3. Regarding Downtown Streetscape Improvements: Dean
    1. Sandra Fonville
    2. Janis Mitchell and John Gordon
    3. Susan Medak, Managing Director, Berkeley Repertory Theatre
    4. Michael Katz
    5. John and Helene Vilett
    6. Hali Hammer
    7. Kevin Powell
    8. Terry Cocrell
    9. Jeffrey Shattuck Leiter, Chairman/CEO, M.K. Blake Estate Co.
    10. Kevin Powell
    11. John DeClercq, Senior Vice President, TransAction Financial Corp.
    12. R. Patterson
    13. Patrick Kennedy, Oakland Tribune article
  1. Jerri Holan, AIA, transmitting copy of letter to Landmarks Preservation Commissioners regarding Civic Center Park and Fountain. Maio, Woolley
  2. Regarding mixed-use development at former Berkeley Inn site, 2501 Haste Street:
  3. a) Horace Mitchell, University Vice Chancellor, Business and Administrative Services
    b) Irv Rautenberg, President, and Gerda Miller, Berkeley Gray Panthers Maio

  4. Joan Seear, regarding Zoning Adjustments Board decision approving a roof deck at 1730 La Loma Avenue.
  5. Regarding the Downtown Berkeley Association’s budget and contract:
    1. Susan Medak, Managing Director, Berkeley Repertory Theatre

    1. Rachel Rupert, Chief Executive, Berkeley Chamber of Commerce
    2. Donn Logan
    3. John DeClercq, Senior Vice President, TransAction Financial Corp.
  1. Janice Thomas, regarding Berkeley Asphalt and the need for an EIR. Worthington, Dean
  2. Aaron Handel, regarding oppression, repression and fascism.
  3. John Vance, regarding the firing of Larry Bensky from KPFA and Mayor Rudolph Giuliani.
  4. Liz Bullwinkel, Executive Director, Solano Avenue Merchants, regarding changes along Solano Avenue. Woolley, Maio
  5. Regarding tobacco and alcohol advertising. Maio, Breland
    1. Jessica Vasquez, regarding tobacco advertising.
    2. Jeffrey Lindeman
    3. Dave Williamson
    4. Deborah Green
    5. John Maddox
  1. William Caldeira, regarding Office of the Mayor.
  2. William M. Berdahl, Chancellor, UCB, regarding renovation of the Cal Student Store.
  3. Charles L. Smith, regarding casual car pools.
  4. Inge Chwang, regarding Immobilization Notice. Woolley, Maio
  5. Richard Register, Ecocity Builders, regarding Zoning Adjustments Board.
  6. Regarding a bike plan:
    a) Terrance Meyer Breland
  7. b) Matt Blowers

  8. Marc Weinstein, Amoeba Music, regarding the holiday season on Telegraph Avenue. Woolley
  9. Rhiannon, regarding Redevelopment Agency-owned units at 729/731 Virginia Street. Maio, Dean
  10. Judith Vaitukaitis, M.D., Director, Department of Health and Human Services, National Institutes of Health, National Center for Research Resources, regarding National Tritium Labeling Facility at the Lawrence Berkeley National Laboratory.
  11. L.A. Wood, regarding creek restoration and public health, and videotaped minutes, Tritium Issues Work Group. Breland, Dean
  12. David Mundstock and Judith Epstein, regarding a request for a Notice of Decision and procedural clarification for 2527 Piedmont Avenue. Maio, Spring, Dean

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Re: Item 3, Minutes for Approval

  1. Revised minutes of December 8, 1998 (see Ceremonial)
  2. Re: Item 14, Amend Ordinance: Advertising of Alcohol Products and Tobacco Products

  3. City Manager, re: Berkeley Unified School District curriculum
  4. Re: Item 16, Contract Amendment: I-80 Bicycle/Pedestrian Overcrossing

  5. Revised resolution
  6. Re: Item 22, Prohibit Wood-Burning Appliances

  7. Mayor Shirley Dean, addendum to report
  8. Re: Item 25, Against Impeachment of President Clinton

  9. Councilmember Woolley, recommendation and resolution
  10. Clifford Fred

Re: Item 28, Presentation: Progress Report on the Library Project

  1. Joe Marsh, Chair, Landmarks Preservation Commission
  2. Re: Item 37, Berkeley Bicycle Plan

  3. Jonathan Wade
  4. Re: Item 38, Uniform Selective Purchasing Policy

  5. Five revised resolutions
  6. Re: Item 41, Update on Telegraph Avenue Area

  7. Horace Mitchell, Vice Chancellor—Business and Administrative Service, UCB, report on Crime Issues and Campus Safety Plan

 Adjournment

Meeting adjourned at 10:55 p.m.


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