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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, MARCH 9, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:10 P.M. All present.

Ceremonial Matters

    1. Proclamation: Cesar E. Chavez Day – March 31, 1999
    2. Public Health Week – April 5 – 11, 1999
    3. 6th Anniversary of Berkeley Critical Mass Bicycle Rides

Action: Presented Proclamations.

Comments From The City Manager: None

Comments From The Public: Fourteen speakers.

Youth Forum: None

Consent Calendar

Action: Moved, seconded, carried (Breland/Armstrong) to approve Consent Calendar items in one motion except as indicated.

  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. Action: Adopted Resolution No. 59,903-N.S.

  3. Minutes for Approval
    From: City Manager
    Recommendation:
    Approve the minutes for Council meetings of: a) February 9, 1999 (regular); b) February 9, 1999 (closed); c) February 16, 1999 (regular); d) February 23, 1999 (closed); and e) February 23, 1999 (regular).
    Contact: Sherry M. Kelly, City Clerk, 644-6480

         Action: Approved minutes.

3.  Ordinances for Second Reading:

  1. Authorizing an amendment to the contract with the Board of Administration of the California Public Employees Retirement System (CalPERS) to provide military service credit as public service for local miscellaneous employees. (First Reading – Absent – Shirek)
    1. Action: Adopted second reading of Ordinance No. 6479-N.S. Effective April 8, 1999.

  2. Amending Section 2 of Ordinance No. 6280-N.S. (Berkeley Municipal Code Section 4.04.120(A)), exemption from career service (at-will employees), to add the Legislative Assistant classification.

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

    Action: Adopted second reading of Ordinance No. 6480-N.S. Effective April 8, 1999.

  1. Public Liability Claim: Susie J. Hing
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Attorney to settle Public Liability Claim No. 98-083 for $7,750 in the matter of Susie J. Hing.
    Contact: Zach Cowan, City Attorney, 644-6380
    Action: Adopted Resolution No. 59,904-N.S.
  2. Side Letter Agreement: SEIU Local 790
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 790 to extend the probationary period of an employee in the Finance Department from six months to one year.
    Contact: Ronald Brown, Personnel, 644-6951
    Action: Adopted Resolution No. 59,905-N.S.

6.  Contract: Summer Youth Employment/Training Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with: 1) Alameda County Private Industry Council for the 1999 Job Training Partnership Act, Title IIB, Summer Employment and Training Program in an amount not to exceed $392,947 for the period March 1, 1999 to August 31, 1999 for the North Cities Consortium; and 2) members of the North Cities Consortium: Alameda Unified School District in an amount not to exceed $10,000, Albany Unified School District in an amount not to exceed $1,000, and City of Emeryville in an amount not to exceed $900.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 59,906-N.S.

    7. Contract: Management of People’s Park
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the University of California, Berkeley, for the management of People’s Park in an amount not to exceed $175,000 for Fiscal Year 1997-98, and in an amount not to exceed $197,467 for Fiscal Year 1998-99.

    Contact: Fred Medrano, Health and Human Services, 644-6459
    Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Spring/Armstrong) to adopt Resolution No. 59,907-N.S.

    8. Contract: Janitorial Services at Recreation Centers
    From: City Manager
    Recommendation:
    Adopt a Resolution approving plans and specifications to provide janitorial services for five recreation centers located at: 1) James Kenney, 1720 8th Street; 2) Frances Albrier Community Center, 2800 Park Street; 3) Willard Park, 2720 Hillegass; 4) Live Oak Center, 1301 Shattuck Avenue; and 5) Martin Luther King Jr. Youth Service Center, 1730 Oregon Street; accepting the bid of Twin III Maintenance Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $4,263 on a month-to-month basis.
    Contact: Fred Medrano, Health and Human Services, 644-6459
    Action: Adopted Resolution No. 59,908-N.S.

    9. Contract: Mental Health Assurances for Compliance with Federal Law
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute the Fiscal Year 1998-99 Performance Contract and any amendments with the State Department of Mental Health containing assurances necessary for compliance with Federal law.
    Contact: Fred Medrano, Health and Human Services, 644-6459
    Action: Adopted Resolution No. 59,909-N.S.

    10. Grant Agreement: Child Passenger Safety
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California, Transportation and Housing Authority, Office of Traffic Safety for a comprehensive child passenger safety campaign in the amount of $148,219 for the period October 1, 1999 to September 30, 2001; and authorizing the City Manager to execute resultant agreement and any amendments.
    Contact: Fred Medrano, Health and Human Services, 644-6459
    Action: Adopted Resolution No. 59,910-N.S.

    11. License Agreement: Kite Business at the Berkeley Marina
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Highline Kites of Berkeley to operate a business from a mobile unit parked near Cesar Chavez Park at the Berkeley Marina for 6.5 percent of gross receipts, offset by a minimum monthly payment of $150, for a period of five three years.
    Contact: Lisa Caronna, Parks and Waterfront, 644-6943
    Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Olds/Maio; Noes – Shirek, Woolley; Abstain – Spring) to adopt Resolution No. 59,911-N.S. amended to prohibit lease or sale of body kites and kite buggies, and changing the term of the contract from five years to three years.

    12. Contract Amendment: Tree Removal Services
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to amend the contract with Professional Tree Care Inc. for tree removal services by extending the contract to January 31, 2000 for an additional $90,000.
    Contact: Lisa Caronna, Parks and Waterfront, 644-6943
    Action: Adopted Resolution No. 59,912-N.S.

    13. Contract Amendment: Alta Bates Traffic Studies
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Fehr & Peers Associates, Inc. by increasing the contract in an amount not to exceed $55,200 for traffic monitoring in 1999 at Alta Bates Medical Center.
    Contact: Liz Epstein, Planning and Development, 705-8105
    Action: Adopted Resolution No. 59,913-N.S. as amended increasing the contract amount by $7,500 to $62,700.

    14. Contract: North and South Berkeley Senior Center Renovations
    From: City Manager
    Recommendation:
    Adopt a Resolution approving plans and specifications for renovation of the North Berkeley Senior Center at 1901 Hearst Avenue and South Berkeley Senior Center at 2939 Ellis Street; accepting the bid of Leeds Construction Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $179,992 for a period of 75 calendar days.
    Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
    Action: Adopted Resolution No. 59,914-N.S.

    15. Contract Amendment: Operation of the Berkeley Landfill
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to amend the contract with Browning-Ferris Industries of California, Inc. (BFIC) by extending the term to December 31, 2005 for operation of the Berkeley Landfill; and authorizing payment of a road mitigation fee of $350,000 over the five-year period.
    Contact: Phil Kamlarz, Deputy City Manager, 644-6580
    Action: Held over to March 16, 1999 by the City Manager.

    16. Amend FY 1999 Appropriations Ordinance (to be delivered)
    From: City Manager
    Recommendation:
    From: City Manager
    Recommendation:
    Adopt first reading of an Ordinance amending Annual Appropriations Ordinance No. 6449-N.S.
    Contact: Phil Kamlarz, Deputy City Manager, 644-6580
    Action: Held over to March 16, 1999 by the City Manager.

    17. City of Davis Outdoor Light Ordinance
    From: Councilmember Spring
    Recommendation:
    Refer the City of Davis Outdoor Light Ordinance to the City Manager and request a report back within 6 months with an evaluation of its applicability to Berkeley to minimize glare while improving nighttime public safety.
    Contact: Dona Spring, Councilmember District 4, 644-6266
    Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded, carried (Spring/Worthington; Noes – Armstrong, Olds, Woolley, Dean) to reconfirm the recommendation previously referred to the City Manager and removing the time limitation.

    18. Referral to Budget Process
    From: Councilmembers Spring, Breland and Maio
    Recommendation
    : Refer a request for $110,000 to the FY1999-2000 budget process for continuing the homeless prevention program.
    Contact: Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359
    Action: Approved recommendation.

    19. Referral to Budget Process
    From: Councilmember Spring
    Recommendation
    : Refer a request for $15,000 to the FY1999-2000 budget process for a fašade matching grant program for the downtown Berkeley area extending south to Dwight Avenue.
    Contact: Dona Spring, Councilmember District 4, 644-6266
    Action: Approved recommendation.

    20. Solicit Funds at Senior Centers
    From: Councilmember Spring
    Recommendation:
    Adopt a Resolution allowing "Save Section 8" group to solicit funds at Senior Centers.
    Contact: Dona Spring, Councilmember District 4, 644-6266
    Action: Removed from the Consent Calendar by Councilmember Olds. No action taken.

    21. Co-sponsor and Fund Cooperative Parent Education Project Spring Summit
    From: Councilmembers Spring and Breland
    Recommendation:
    Adopt a Resolution co-sponsoring and authorizing funding in the amount of $600 for the Cooperative Parent Education Project Spring Summit on March 20th regarding "Unlearning Racism: Building Bridges to Strengthen Our School Community and Unlearning Homophobia: Safety and Respect for All Families."
    Contact: Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400
    Action: Adopted Resolution No. 59,915-N.S.

    22. Summit/Alta Bates Merger
    From: Councilmember Spring
    Recommendation:
    Request the City Clerk write to Attorney General Bill Lockyear supporting the concerns raised by Alameda County Supervisor Gail Steele regarding the merger of Alta Bates and Summit Medical Center and that Berkeley’s Health Commission will be accepting public comment on the merger and that Council will be forwarding recommendations to Senator Lockyear and the Federal Trade Commission.
    Contact: Dona Spring, Councilmember District 4, 644-6266
    Action: Approved recommendation and referred the letters of Supervisor Steele, Attorney General Bill Lockyear and the letter of various mayors to the Community Health Commission.

    23. Community Health Commission Conduct Public Hearing
    From: Vice Mayor Shirek
    Recommendation:
    Direct the Community Health Commission conduct a public hearing regarding the proposed merger of Summitt Hospital and Alta Bates Hospital and report to Council.
    Contact: Maudelle Shirek, Councilmember District 3, 644-6243
    Action: Approved recommendation and directed the City Manager to provide assistance in planning the meeting.

    24. Assist Sacramento Street/Dwight Way Residents Develop Businesses
    From: Vice Mayor Shirek
    Recommendation:
    Direct the City Manager assist the Sacramento Street/Dwight Way Corridor residents and merchants to develop neighborhood serving businesses and to work to find a use for the building soon to be vacated by the "Outback" clothing store.
    Contact: Maudelle Shirek, Councilmember District 3, 644-6243
    Action: Approved recommendation.

    25. Crime Rate in Berkeley
    From: Mayor Dean
    Recommendation:
    Direct the City Manager and Police Chief: 1) report back on an analysis of crime rates in Berkeley, with particular emphasis on Berkeley’s current performance compared to the State of California and other jurisdictions, and develop recommendations, targets, and timetables to bring Berkeley’s performance in this area more in line with national, state, and local trends of declining crime rates; 2) present this report in "presentation format" at a Council meeting reserved for public hearings and no later than 8 p.m.; and 3) schedule this presentation so that budget referrals, if any, can be made in time for consideration in the FY 1999-2000 budget.
    Contact: Barbara Gilbert, Mayor’s Office, 644-6484
    Action: Approved recommendation.

    26. Support SB 15 and SB 23: Expands State Regulations on Assault Weapons
    From: Mayor Dean
    Recommendation:
    Support SB 15 and SB 23, which increases State regulations on firearms, and notify Berkeley’s State Representatives and lobbyist, other Bay Area Mayors, and the East Bay Public Safety Corridor Committee to support these Bills.
    Contact: Shirley Dean, Mayor, 644-6484
    Action: Approved recommendation.

    27. Update on Domestic Violence in Berkeley
    From: Mayor Dean
    Recommendation:
    Schedule a presentation in the near future on domestic violence in Berkeley, including a presentation on the Berkeley Police Domestic Violence Project’s Final Report dated October 28, 1998, and comments from the Domestic Violence Oversight Committee (the Oversight Committee) and Department. The presentation should be scheduled in time for recommendations, if any, to be included in next year’s budget.
    Contact: Barbara Gilbert, Mayor’s Office, 644-6484
    Action: Approved recommendation.

    28. Support UC Students Vote for Class Bus Pass Program
    From: Councilmember Armstrong
    Recommendation:
    Urge University students to vote in April for the Associated Students of University of California (ASUC) election to support the $15 per semester Class Pass Program which will provide every student with unlimited transportation on AC Transit buses for a semester.
    Contact: Polly Armstrong, Councilmember District 8, 644-6401
    Action: Approved recommendation.

    29. Removal of Four Telephone Booths
    From: Councilmember Breland
    Recommendation
    : Direct the City Manager develop a plan to remove four of the five existing telephone booths on San Pablo Avenue between Addison Street and University Avenue.
    Contact: Margaret Breland, Councilmember District 2, 644-6400
    Action: Approved recommendation.

    30. Domestic Partners Benefits for City Contractors
    From: Councilmembers Worthington and Woolley, Vice Mayor Shirek, and Mayor Dean
    Recommendation:
    Request the City Manager: 1) direct the City Attorney draft legislation similar to San Francisco’s requiring that contractors with the City offer domestic partners benefits to employees commensurate with those offered to their married employees, and make an effort to report back within 60 days by no later than six months with proposed legislation and analysis; 2) send a letter in support of AB 26, the Domestic Partners Registration Act sponsored by Assembly Member Migden; 3) prepare an educational mailing to all businesses within Berkeley encouraging them to offer domestic partners benefits; 4) prepare a Council proclamation for June honoring businesses and other groups which already do offer such benefits; and 5) refer the proposed legislation and analysis to appropriate commissions, business groups, and nonprofits as determined by staff.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Diane Woolley, Councilmember District 5, 644-6294; Maudelle Shirek, Councilmember District 3, 644-6243; Shirley Dean, Mayor, 644-6484.
    Action: Approved recommendations 2, 3, and 4; amended recommendations 1 and 5 to refer to the City Manager for an economic impact and policy analysis and return to the City Council no later than six months with a report.

    31. Second Annual Berkeley Poetry Festival
    From: Councilmember Worthington
    Recommendation:
    Adopt a Resolution authorizing funding in the amount of $4,000 for the 2nd Berkeley Poetry Festival on September 25 and 26, 1999 at the Berkeley Art Museum/Pacific Film Archives.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
    Action: Referred to the budget process.

    32. Funding for Items on Priority List
    From: Councilmember Worthington
    Recommendation:
    Adopt a Resolution authorizing and appropriating funding for items on the Priority List prepared when the FY1998-99 budget was adopted as follows: 1) $300,000 for Housing Trust Fund; 2) $80,000 for Berkeley High Health Center; 3) $25,000 for Community Health and Safety Team; 4) $5,000 for Americorps Literacy Program; 5) $30,000 for Redwood Mini Park; 6) $10,000 for Aurora Theater; 7) $14,000 for South Berkeley Neighborhood Development Corporation; 8) $25,000 for West Berkeley Neighborhood Development Corporation; 9) $35,000 for Childcare Task Force; 10) $146,000 for Catastrophic Loss Fund; and 11) $50,000 for Southside Plan
    Contact: Kriss Worthington, Councilmember District 7, 644-6398
    Action: Removed from the Consent Calendar by Councilmember Worthington to consider with items 40 and 41.

          33. Funding for Berkeley Child Care Workers

    From: Task Force on Child Care Compensation
    Recommendation: Adopt a Resolution authorizing a balance of $52,871 allocated to the Task Force on Child Care Compensation to fund a second round of Commitment Incentives and Training Stipends to Berkeley child care workers and to provide support costs to implement the program
    Contact: Marianne Graham, Secretary, 665-3475
    a. City Manager Report
    Recommendation: Concurs with the content and recommendations of the Task Force.
    Contact: Stephen Barton, Housing, 644-6001
    Action: Adopted Resolution No. 59,916-N.S.

    Action Calendar

Appeals:

34. Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue

a.  Appeal filed by Daniella Thompson and James Sharp, of the Zoning Adjustments Board decision approving Use Permit to modify a building of non-conforming height (four stories where a maximum of three is permitted) to construct a deck and roof top walkway at the fifth floor level for the property located at 1730 La Loma Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480

b.  City Manager Report dated December 8, 1998
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board decision to approve a Use Permit to modify a building of non-conforming height (four stories where a maximum of three is permitted) to construct a deck and roof top walkway at the fifth floor level for the property located at 1730 La Loma Avenue and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105

c.  City Manager Report dated March 9, 1999

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board decision to approve Use Permit 98-10000058 to construct a roof deck and rooftop walkway at 1730 La Loma Avenue and dismiss the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105

Action: Moved, seconded, carried (Worthington/Breland) to continue to March 16, 1999, as recommended by staff.

35. Zoning Appeal of Use Permit 98-20000112– 1803 Eastshore Highway
a. City Manager Report

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board which denied a Variance of the Zoning Ordinance to permit the legalization of a retail establishment at 1803 Eastshore Highway where the Mixed Use-Light Industrial District prohibits such a use and dismissing the appeal filed by Rena Rickles, Attorney on behalf of Patricia and Bert Kantor, applicant.

Contact: Liz Epstein, Planning and Development, 705-8105
b. Communications from:

  1. Patrick Roche, General Manager, Outdoor Systems
  2. Christine Rider, Business Service Manager, Alta Bates Medical Center
  3. Simon Brown
  4. Rena Rickles, Attorney for applicant
  5. Vladimir Mikic
  6. Elizabeth Onyike
  7. Andrew Foster
  8. Thomas Lease
  9. Dalenario Montgomery
  10. Jona Widuro
  11. Debra French
  12. Richard Bennett
  13. Larry Jackson
  14. Frank Tehan
  15. Bill Sistek
  16. Edward P. Coffey
  17. Simon De Groot, Business Products Industry Assn.
  18. Ove M. Wittstock, Berkeley Boosters
  19. Sister Marygrace Puchac, East Bay Services to the Developmentally Disabled
  20. Randall Mael, Burkett’s Office Supplies
  21. Verla Braun, Berkeley Grocery Outlet
  22. Daniel White, Truitt & White Lumber Co.
  23. Rene Minneboo, Amsterdam Art, Inc.
  24. Dennis Fette, Global Industries
  25. Jim Frenn, Computer Currents
  26. Ken DeLucia, Not Just Another Video Store
  27. David Osmundson, Estate Wine Label Co.
  28. Ethel Gomez, Avenue Used Cars
  29. Roger Bennetts, Lucky Dog Petshop
  30. Mary Dunn McCarison, Bette’s Oceanview Diner
  31. Judith Duhl, Xinet
  32. Harlan Kann
  33. Walter Sowell, Ernie’s Van and Storage
  34. Frank Spenger, Spengers Fish Grotto
  35. Simon Brown
  36. Robert Branstad, Berkeley Asphalt & Ready Mix
  37. Victor Touriel, Darling Flower Shop, 2008 University Avenue
  38. Ken Goldberg, U.C. Professor of Industrial Engineering and Operations Research
  39. Erin Russell
  40. Martin Zemitis, Mountain Hardwear
  41. A. Maxine Reynolds, Wells Fargo Bank
  42. Thomas Thatcher
  43. John Goldeen, H. John’s
  44. Albert Katz
  45. Sara Ferejohn, EMC Company
  46. Michael J. Knuppe, AAAAA Rent-A-Space
  47. Rainer Lagemann, The Magazine
  48. Sarah Landau
  49. Maija Liuiams
  50. James Chin
  51. Mckenzie Huneke
  52. Shae Irving
  53. Jack Myers
  54. Michel de Latunn
  55. Margaret Gross
  56. Ahmad Behjaji
  57. Ashish Raina
  58. Delbert Henry.
  59. Jesse Kelly

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

    Actions: Moved, seconded, failed (Maio/Spring; Noes – Armstrong, Olds, Dean; Abstain – Woolley, Worthington) the main motion to adopt a Resolution affirming the decision of the Zoning Adjustments Board.

    Moved, seconded, failed (Olds/Armstrong; Noes – Breland, Maio, Shirek, Spring; Abstain – Woolley, Worthington) the substitute motion to set the matter for public hearing.

    Moved, seconded, carried (Worthington/Maio; Noes – Armstrong, Olds, Dean) to adopt Resolution No. 59,917-N.S. affirming the Zoning Adjustments Board’s decision to deny a variance and dismissing the appeal with the understanding the City Manager will phase out the retail use over a period of time (one year or longer).

    36. Zoning Appeal of Use Permit 98-20000248– 1812 Rose Street

a.  City Manager Report
Recommendation:
Schedule a public hearing regarding an appeal filed by Jerome McShane,   applicant, from a decision of the Zoning Adjustments Board which denied a Use Permit to       construct a major residential addition and extend an existing non-conforming front yard encroachment of 12-feet 6-inches where 20 feet is required at 1812 Rose Street.
Contact: Liz Epstein, Planning and Development, 705-8105

    b. Communication from:
    1. Peter Wolfgang Behn, AIA, Architect and Jerome McShane, applicant
    Contact: Sherry M. Kelly, City Clerk, 644-6480
    Action: Moved to Consent Calendar by Councilmember Worthington to approve the recommendation to set the matter for a public hearing.

    Old Business:

    37. Decision Regarding Zoning Appeal of Use Permit 97-10000052 – 2455 Prospect Street

    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 dated March 9, 1999 (to be delivered)
Recommendation: Adopt a Resolution overturning the decision of the Zoning Adjustments Board (ZAB) upholding the appeal and approving the Use Permit with amended conditions.
Contact: Liz Epstein, Planning and Development, 705-8105

c.  Communication from January 12:
1. Chris Thomas and other residents of 2455 Prospect St.

d. Communications from February 23:
1. Reza Valiyee

2. Jean Mudge for Dwight-Hillside Assn.

e. Communication from March 9: *
1.. Malcolm Smith

Contact: Sherry M. Kelly, City Clerk, 644-6484

Action: Moved, seconded, carried (Armstrong/Maio; Absent - Olds) to adopt Resolution No. 59,918-N.S. reversing the decision of the Zoning Adjustments Board and approving a use permit and new conditions.

38. Parking Meter Installation (Recommendation 3 held over from February 23 meeting)
From: City Manager
Recommendation:
1) Adopt a Resolution authorizing the City Manager to negotiate and enter into any necessary contracts and approve $35,500 to complete the purchase and installation of Reino meters in Phase II; 2) Adopt a Resolution authorizing the City Manager to negotiate and enter into any necessary contracts and purchase up to an additional 1,000 spaces for stock and replace the remaining metered areas in the City in an amount not to exceed $295,000 for Fiscal Year 1999; and 3) authorize the City Manager to negotiate and enter into any necessary contracts and replace the off-street parking lots with either meters, staff attendants, or a new revenue management system pending staff research. If the selection requires bidding, the selection will go back to Council to award the contract.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Moved, seconded, carried (Armstrong/Breland; Noes – Woolley; Abstain - Olds) to adopt Resolution No. 59,919-N.S. approving recommendation 3 and adding 1) if a parking attendant is to be removed, Council is to be notified beforehand; 2) staff is to contact stakeholders to determine preferences; and 3) City Manager is to look at methods to discourage long-term parking.

39. Minutes for Approval (removed from Consent by Mayor Dean, February 9, 1999)
From: City Manager
Recommendation:
Approve the minutes of the Council meetings of January 12 (regular) and January 26 (regular), 1999 as amended by Mayor Dean.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to the Consent Calendar by Councilmember Worthington. Approved minutes.

New Business:

40. FY 1999 Mid-Year Budget Report and Council Discussion FY 2000/2001 (to be delivered)
From: City Manager

Recommendation: From: City Manager

Recommendation: Allocate a total of $1,469,100 of the projected FY 1999 General Fund surplus to provide $439,100 for items already approved by the Council, $600,000 for anticipated liability claims, $300,000 for transfer to the Housing Trust Fund, and $130,000 to assist in assuring "Y2K" compliance.

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Actions: Moved, seconded, carried (Worthington/Spring; Noes – Olds, Woolley; Abstain – Armstrong, Dean) to adopt Resolution No. 59,920-N.S. allocating $300,000 to the Housing Trust Fund.

Moved, seconded, carried (Worthington/Spring) to adopt Resolution No. 59,921-N.S. allocating $130,000 to assist in assuring Y2K compliance and to defer the balance of the items in Item 32 to mid-April.

41. Library Funding
From: Councilmember Spring
Recommendation:
Discuss and take possible action regarding the Berkeley Public Library’s request for $1,100,000 in additional funding to complete the retrofit of the Main Library.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to March 16, 1999.

42. Revisions to Citizens Budget Review Commission Charter
From: Citizens Budget Review Commission
Recommendation:
Adopt a Resolution amending Section 2 of Resolution No. 52,720-N.S., to revise the duties of the Commission to establish a work program and priorities, prepare an annual report, review budget policies, report on all unfunded budget requests, and ensure a better understanding of current fiscal issues and the budget process.
Contact: Phil Kamlarz, Secretary, 644-6580

a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Held over to March 16, 1999.

43. Compensation for Housing Advisory Commission Members
From: Housing Advisory Commission
Recommendation:
Direct the City Manager to explore the feasibility of doing a one-year pilot program to compensate Housing Advisory Commission (HAC) members for their services and develop cost estimates. Potential compensation to explore are: a) up to a $200 a month stipend for attending all meetings; b) medical and dental coverage; c) parking permits for one year; d) business or property tax credit of 10% gross income under $100,000.
Contact: Oscar Sung, Secretary, 644-6001
a. City Manager Report
Recommendation:
The Commission recommendations affect budget and/or other programs. Please take no action until these matters have been considered and a report can be submitted for Council consideration.
Contact: Stephen Barton, Housing, 644-6001
Action: Moved, seconded, carried (Worthington/Breland; Noes – Armstrong, Olds, Woolley, Dean) to approve the City Manager’s recommendation.

  1. Proclamation of 6th Anniversary Berkeley Critical Mass Bicycle Rides
    From: Councilmember Worthington
    Recommendation:
    Approve a proclamation of the 6th Anniversary Berkeley Critical Mass bicycle ride.
    Contact: Kriss Worthington, Councilmember District 7

Action: Moved, seconded, carried (Worthington/Maio; Abstain – Armstrong) to approve the Proclamation.

Information Reports

44. Investment Report for January 1999
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

Communications

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

  1. Anne Marselis, Saint John’s Neighbors, regarding Don’s Auto Clinic at 2555 College Avenue.
  2. Mike Limon, 924 Gilman St. Project, regarding 924 Gilman St. Project. Maio
  3. Patrick Kennedy, Panoramic Interests, regarding housing development.
  4. Hank Resnik, regarding meeting with 2X2 Committee to discuss the East Campus project. Referred to 2X2 committee by Councilmember Maio
  5. Chuck Siegel, Ecocity Builders, regarding Underhill Master Plan.
  6. Marjorie Macris, Chair, Executive Committee, Sierra Club, SF Bay Chapter, thanking Council for opposing the Congressionally-mandated recreation fee demonstration (Fee-Demo) program.
  7. Andy Ross, Cody’s Books, regarding the Ingram-Barnes & Noble merger.
  8. Joshua Hayes, regarding Chaplaincy to the Homeless Project for runaway youth.
  9. HappyInfo regarding a Councilmember.
  10. Doug Johnson, Santa Cruz, regarding Tinky Winky.
  11. Regarding mixed use of 2501 Sacramento Street:
    a)Alison Samuel
    b)Matthew Welker
    c)Jacqueline Omeira and Kamcan Gohiz
    d)Jane DeMartini
    e)Anna Naille
    f)Peter Dugler
    g)John Barry
    h)Kate Rossbach
    i)John Bidwell and Donna Mouton
    j)James Palacious
    k)Helen Workman
  12. l) Barbara Alexander
    m) Maj-Britt Mobrand
    n) Isaiah Popl
    o) Petition containing 32 signatures
    p) Nancy Wilson

  13. Jo Ann Price, Vice President, League of Women Voters, regarding General Plan Update Project.
  14. Anne Marselis, regarding Women of Afghanistan Petition. Maio – Thank you letter to include information that the petition is on file with the City Clerk and others may file signatures with the Clerk.
  15. Jand Chisheno and Jane Scantbury regarding funding for Central Library Renovation.
  16. Patrick Kennedy, transmitting copy of newspaper article regarding parking.
  17. Senator Barbara Boxer, United States Senate, Washington, D.C., regarding impeachment trial of President Clinton.
  18. Michel Maddy, McDonald’s, regarding proposed ban on fast food restaurants. Referred to Planning Commission by Councilmember Spring
  19. Charles Siegel, regarding Ohlone Totlot hazard.

 SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Page Item/Subject/Description

Re: Item 34 – Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue

  1. Sean Lightholder, House Manager, Kingman Hall
  2. Daniella Thompson and Jim Sharp
  3. Re: Item 35 – Zoning Appeal of Use Permit 98-20000112 – 1803 Eastshore Highway

  4. Frank T. Kami, D.D.S.
  5. R. Steffensen, President, Steffco Builders
  6. James B. Miller, Jim Miller Enterprises
  7. Rosemary Martinez, Office Manager, Berkeley Forge & Tool
  8. Cheryl Cohen and Joe Swinney, Owners, Wasteland Inc.
  9. Ove Wittstock, Executive Director, Berkeley Boosters
  10. Jack McLaughlin, Superintendent, BUSD
  11. Erin Reichi
  12. Lloyd Lee
  13. Sabrina Rose
  14. Bobbie Larkin
  15. Irvin L. Hatch
  16. D. Colbert
  17. Gustorinia Bedie
  18. F. Ralph
  19. Anonymous
  20. Sam Tem, Juniper Tree
  21. Waggers
  22. Classix Antiques
  23. Mark Fisher, Manager, Turn of the Century Fine Arts
  24. Comoda
  25. Kara Johnson, Used Rubber USA
  26. Carrie Walker, Owner, Magnificent Things
  27. Dominic Bertoni, San Pablo Poultry Company
  28. Express Market
  29. Tom Cunningham, Famous Foam Factory
  30. Daniel Leonardi, Manager, Fenton MacLaren
  31. Patrick, KC BBQ
  32. Jerry M. Standley, True Value Hardware
  33. Surf Berkeley
  34. Kimberly Hill, Big Mama’s
  35. Julius Spilman, Spilman’s Collectibles
  36. Marc Siebert
  37. Yanell Brewer, Kutz for Mutz
  38. L. Lam, Saigon Nails
  39. Barbara Erfani
  40. Victor Chavez, Manager, Animal Farm Pet Supplies
  41. Zohreh Narim, Zohreh’s Antiques
  42. Zoreh Banapour, Earthly Basics
  43. Fara Pakzad, Berkeley Lighting Co.
  44. Steve Carter, Owner, Carter West Antiques
  45. Alouymen Manzauares
  46. William Tyson
  47. Judy Tyson
  48. Cynthia Correia
  49. William Bedwell
  50. Michael Hurlik
  51. Sheila Burton
  52. Keri Brewer
  53. Donna Rosenthal
  54. Petition with thirty names
  55. Patricia Kantor, submitting color photographs
  56. Re: Item 13 – Contract Amendment: Alta Bates Traffic Studies

  57. James Keene, City Manager, Memorandum
  58. Re: Item 21 – Co-sponsor and Fund Cooperative Parent Education Project Spring Summit

  59. Nancy Lemon, Kim Stroman, Kim Beeson, Vikki Davis, Marcy Greenhut, Karen Hughes, Kathy King, Raychelle Lee, Sarah Herman, Mary Jacobs, Robin Ortiz-Young, Rona Renner (various Berkeley schools)

Re: Item 22 – Summit/Alta Bates Merger

  1. Keith Carson, Supervisor; Dion Aroner, Assemblywoman, Barbara Lee, Congresswoman; Jerry Brown, Mayor of Oakland; Patty White, Mayor of Piedmont; Mayor Shirley Dean; Peggy Thomsen, Mayor of Albany, Ken Bukowski, Mayor of Emeryville.
  2. Bill Lockyer, Attorney General, response to letter
  3. Item 32 – Funding for Items on Priority List

  4. Tom Ross, Managing Director, Aurora Theatre Company
  5.  

    Item 34 – Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue

  6. Stephen Yeh, Kingman Hall
  7.  

    Item 35 – Zoning Appeal of Use Permit 98-20000112 – 1803 Eastshore Highway

  8. Rena Rickles, Attorney at Law
  9.  

    Item 36 – Zoning Appeal of Use Permit 98-20000248 – 1812 Rose Street

  10. Jerome T. McShane
  11. Item 37 – Zoning Appeal of Use Permit 97-10000052 – 2455 Prospect Street

  12. Reza Valiyee
  13. Item 40 – FY 1999 Mid-Year Budget Report and Council Discussion FY 2000/2001

  14. James Keene, City Manager, report and recommendation
  15. Item 42 – Revisions to Citizens Budget Review Commission Charter

  16. JoAnn B. Price, Action Vice President, League of Women Voters

Adjournment

Meeting adjourned at 10:50 p.m. to Closed Session held in the Conference Room at 2134 Martin Luther King Jr. Way.


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