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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 16, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:09 p.m. All present

Comments from the City Manager : None

Ceremonial:

Action: Moved, seconded, carried (Maio/Worthington) to suspend the Council rules to include ceremonial items on the agenda.

Proclamation declaring March 29th to be Berkeley High School AIDS Quilt Day

Action: Presented Proclamation.

Comments from the Public: Thirteen speakers.

Consent Calendar

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

1. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of a) March 1, 1999 (special); b) March 2, 1999 (special); and c) March 8, 1999 (special).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes.

2. Reserve Police Officers Salary Range
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 57,841-N.S., Classification/Salary Resolution for Unrepresented Employees to correct the minimum salary ranges for Reserve Police Officers.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 59,922-N.S.

3. Contract: Computer Training
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with Applications Associates for computer training in an amount not to exceed $60,000 for the period February 1, 1999 to September 30, 1999.
Contact: Chris Mead, Information Systems, 644-6820
Action: Adopted Resolution No. 59,923-N.S.

4. Contract Amendment: Berkeley Art Center Renovations
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with JDS Builders Group, Inc. for renovations to the Berkeley Art Center by increasing the contract amount to $122,000 and extending the term to May 15, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,924-N.S.

5. Contract Amendment: Graffiti Abatement
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Building Opportunities for Self Sufficiency (BOSS) for graffiti abatement to make minor administrative changes to the contract.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,925-N.S.

6. Contract Amendment: Litter Removal
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Building Opportunities for Self Sufficiency (BOSS) for litter removal to make minor administrative changes to the contract.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,926-N.S.

7. Designating Anthony Street Between 7th and 9th Streets as One Way and as a Diagonal Parking Zone and Designating Oregon Street Between Shattuck and Adeline as One Way
From: City Manager
Recommendation:
Adopt two Resolutions amending: 1) Resolution No. 56,507-N.S. by adding Subsections 24a-17 and 24o-11 designating Anthony Street in an easterly direction from 7th to 9th Streets and Oregon Street in a westerly direction from Shattuck Avenue to Adeline Street, as one-way streets; and 2) Resolution No. 56,505-N.S. by adding Subsection 22a-17 and 22o-11 designating Anthony Street from 7th Street to 9th Street from a two-way street to a one-way street serving east bound travel and to allow diagonal parking along the south side of the street, and Oregon Street from Shattuck Avenue to Adeline Street from a two-way street to a one-way street serving westbound travel and to allow diagonal parking along the south side of the street.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,927-N.S. and Resolution No. 59,928-N.S.

8. Contract Amendment: Ecology Center
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with the Ecology Center, Inc. by extending the period through June 30, 2005 and updating performance standards to continue providing recycling collection services, at a cost not to exceed $8,425,000 over five years and seven months or an average of $1,590,000 per year.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,929-N.S. providing the City Manager the ability to enhance performance standards before executing the contract.

9. Grant Application: Ninth Street Bike Boulevard to Emeryville Border
From: City Manager
Recommendation:
Adopt a Resolution: 1) authorizing the City Manager to submit a grant application to the Federal Surface Transportation Program and the Congestion Management and Air Quality Improvement Program for $398,250 to construct a bicycle path which will extend the Ninth Street bicycle boulevard south to the Emeryville border; and 2) requesting the Metropolitan Transportation Commission (MTC) support the application for the project and to program the project into their Transportation Improvement Program (TIP).
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 59,930-N.S.

10. Contract: Renovation of Central Library (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the renovation and expansion of the Central Library; accepting the bid of Arntz Builders; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $22,000,000 $21,400,000 for the period March 1999 through January 31, 2001.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Adopted Resolution No. 59,931-N.S. as amended above.

11. Increase Expenditure Authority for Civic Center Retrofit Project (to be delivered)
From: City Manager
Recommendation
: Adopt a Resolution authorizing an increase in the City Manager’s expenditure authority in an amount not to exceed $12,000,000 for design and construction of physical improvements and any incidental equipment and services related to seismic retrofit improvements to the Martin Luther King Jr. Civic Center Building.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded, carried (Maio/Olds; Noes – Spring; Abstain – Breland, Shirek, Worthington) to adopt Resolution No. 59,932-N.S.

12. 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: Adopted first reading of Ordinance. Second reading April 13, 1999.

13. City Manager Appointment of Planning and Community Development Director (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution confirming the appointment of Liz Epstein as Director of Planning and Community Development.
Contact: James Keene, City Manager, 644-6580
Action: Adopted Resolution No. 59,933-N.S. (Abstain – Shirek, Woolley)

14. Lease/Purchase Agreement for Computer Equipment (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a contract with Associates Commercial Corporation to lease/purchase computer equipment.
Contact: Chris Mead, Information Systems, 644-6820
Action: Adopted Resolution No. 59,934-N.S.

15. Funding for Berkeley High School Athlete
From: Councilmember Breland
Recommendation:
Refer to the City Manager and the 2x2 Committee a request for funding in the amount of $3,000 to help Lamile Perry, Berkeley High’s teen athlete, wheel his way to Australia.
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Approved recommendation.

16. Fire Inspection Fees
From: Councilmember Olds
Recommendation:
Refer to the City Manager for evaluation the policy of the Fire Department charging 100% penalty fines for late payment of inspection fees and report back within 90 days regarding changing the amount of the penalty.
Contact: Betty Olds, Councilmember District 6, 644-6399
Action: Approved recommendation.

17. Section 8 Housing Displacement
From: Mayor Dean
Recommendation:
Authorize the Mayor to contact U.S. Department of Housing and Urban Development (HUD) Secretary Cuomo and pertinent U.S. House and Senate Committees to encourage them to undertake the following actions with regard to expiring below-market Section 8 Housing in tight real estate markets where there is currently little or negative incentive for property owners to participate or continue participation in the Section 8 Program: 1. HUD should adopt and liberalize guidelines under which owner rental rate "markups" to market rate rents are permitted and supported. Markups should be limited to a) tight markets where tenant-based assistance would not provide adequate relief, b) preserving fair housing opportunities, c) protecting families where relocation presents severe hardship, and d) situations where the markup is part of an overall local preservation strategy based on an owner’s renewed commitment such as, at least a 5-year term; and 2. Provide the additional funding which would be required to support this markup program, estimated to be at least $100 million.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

18. Police Department Participation in Bulletproof Vest Partnership
From: Mayor Dean
Recommendation:
Request the City Manager review the U.S. Department of Justice's "Bulletproof Vest Partnership" Program and, if appropriate, to proceed immediately with the City's application to participate.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

19. Support Investigation of U.S. Corporate Involvement in Killings in Nigerian Oil Fields
From: Mayor Dean
Recommendation:
The City Manager contact Representative Barbara Lee and ask her to become a sponsor of Ohio Congressman Dennis Kuchinich’s "Dear Colleague" letter, which asks for a Congressional investigation into the role of U.S. oil companies in the killings in Nigeria; and that Council authorize the City Manager to write to Chevron International Oil in San Francisco asking for an immediate and full explanation of their collaboration in military attacks on civilians.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation. Abstain – Armstrong.

20. Support AB 304 – Property Tax Return Bill
From: Mayor Dean
Recommendation:
Express support for State AB 304 which provides for a phased return to local government of a portion of property tax monies taken by the State pursuant to rules established in the early 1990’s, and that letters be sent to Assemblyman Wilder, the bill’s author, local State representatives, members of the Assembly Local Government Committee, and the City’s lobbyist.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

21. Certified Local Government Status for Landmarks Preservation Commission
From: Mayor Dean
Recommendation:
Request the City Manager prepare a Statement of Intent for the Certified Local Government (CLG) Application stating that the City will comply with the suggestion of the California State Historic Preservation Office which will enable the City to qualify for CLG Status under the National Historic Preservation Program. The State’s suggestion is that Council formally state their intent to appoint to the Landmarks Preservation Commission (LPC) individuals who have demonstrated interest, competence or knowledge in historic preservation, and that Council will seek to assure that at least two members of the LPC are professionals in a discipline related to history and historic preservation.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

22. Public Safety Regulation of Large Entertainment Events on Private Property
From: Mayor Dean and Councilmember Olds
Recommendation:
That the City Manager, City Attorney, and Police Department examine mechanisms to better regulate large entertainment events on private property, and propose new or amended legislation (if necessary) and/or establish procedures by which the City can identify, deal with, mandate security for, and prohibit those events or venues which are likely to cause neighborhood disturbance and/or create public safety issues.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399
Action: Approved recommendation.

23. Referral to Budget Process: Holiday Marketing of Berkeley Businesses
From: Mayor Dean
Recommendation:
Refer to the budget process the request for $30,000 from the Berkeley Chamber of Commerce to fund their marketing program for the 1999 Holiday Season.
Contact: Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

24. Financial Support and Fee Waivers for Solano Stroll
From: Mayor Dean and Councilmember Woolley
Recommendation:
Refer to the budget process the request from the Solano Avenue Association to increase funding to $10,000 plus waive all fees for the 1999 Solano Stroll.
Contact: Shirley Dean, Mayor, 644-6484; Diane Woolley, Councilmember District 5, 644-6294
Action:
Approved recommendation.

25. Living Wage Ordinance
From: Mayor Dean
Recommendation:
Establish an advisory task force comprised of Councilmembers Armstrong, Breland, Maio, and Mayor Dean to evaluate the impact and benefits of Living Wage proposals on the economy, businesses, non-profit organizations and residents with a goal toward creating a regional plan by encouraging other East Bay cities to adopt similar legislation.
Contact: Shirley Dean, Mayor, 644-6484
Action: Removed from Consent Calendar by Councilmember Armstrong. Withdrawn by Mayor Dean.

26. Living Wage Ordinance
From: Councilmembers Worthington, Breland, Spring and Vice Mayor Shirek
Recommendation:
Refer to the Labor Commission, City Manager and City Attorney to examine the Living Wage Ordinances of Oakland, Los Angeles, San Jose, and the proposed San Francisco Ordinance, that further Council advises the Commission and staff of its preference for the Oakland ordinance but requests that Commission, City Manager and City Attorney examine all, and report back with a proposal for a Living Wage ordinance for the City of Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Spring/Maio) to approve the recommendation with the above revisions and including the attachments from Item 25.

27. Microradio Comments to Federal Communications Commission (FCC)
From: Councilmembers Worthington and Spring
Recommendation:
That the City E-mail and send a letter to the Federal Communications Commission (FCC) with comments for the Notice of Proposed Rule Making (NPRM) including these 11 points: 1) The FCC should only license non-commercial Low-Power (LP) FM stations. Licenses should be granted to either non-profit corporations or unincorporated associations with by-laws meeting simple minimum standards; 2) The FCC should license stations between 10-100 watts, similar to LP100 stations discussed in the NPRM, but should not license 1000 watt (LP1000) stations; 3) LP100 stations should not be relegated to "secondary status" but should be licensed as a Primary Service. They should not be subject to being bumped by a full power station; 4) No individual or entity should be permitted to own more than one LPFM station nationally or locally, and owners of full power FM or AM stations should not be permitted to own LPFM stations; 5) LPFM stations should not be required to provide 2nd or 3rd-adjacent protection to other stations; 6) LPFM stations should only be licensed to groups or individuals who reside in the community the station would serve; 7) At least 80 percent of the programming on LPFM stations should be locally originated, using live local DJs (they could play music and interviews, etc., on their shows but not syndicated satellite feeds); 8) The FCC should resolve mutually exclusive applications with a weighted point system and should issue 5 year non-renewable licenses; 9) Owners of LPFM stations should not be permitted to sell or transfer their licenses (otherwise, people will apply just to later "traffic" in licenses); 10) If the FCC decides to permit any commercial LPFM stations, the FCC should give preference to a non-commercial applicant where a commercial and non-commercial applicant seek a license for the same channel in the same area. No commercial licenses should be issued for the first two years, and then only if space is still available; and 11) The FCC issues amnesty for participants in previous efforts of micro broadcasting.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Mayor Dean. Moved, seconded, failed (Worthington/Spring; Noes – Olds, Shirek, Dean; Abstain – Armstrong, Woolley) the substitute motion to approve the recommendation including points 1-11.

Moved, seconded, carried (Armstrong/Shirek; Abstain – Breland) the main motion to recommend that as many small local stations as possible be available to citizens without creating interference and approved including recommendations 1, 3, 4 and 9.

28. Waiver of Fees for People’s Park 30th Anniversary
From: Councilmembers Worthington and Maio
Recommendation:
Adopt a Resolution waiving all fees, including fees for event, food, sound permits, and insurance fees associated with the People’s Park 30th Anniversary Street Fair and Concert on April 25th; allowing an exemption to Berkeley Municipal Code (BMC) Section 20.24.040 to allow hanging a banner across Telegraph Avenue advertising the event; and providing in-kind services such as four portable toilets, hanging banners, dumpster and Solid Waste Services, traffic signage and engineering services for the closure of Telegraph Avenue (between Dwight and Channing) and Haste Street (between Bodwitch and Dana).
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded carried (Spring/Maio) to adopt Resolution No. 59,935-N.S. for an amount up to $1,000 and that this matter be placed on the list for budget consideration for yearly waiver.

29. Proclamation for Berkeley High School AIDS Quilt
From: Councilmembers Breland, Olds, Armstrong and Worthington
Recommendation:
Issue a proclamation honoring the AIDS Quilt at Berkeley High School on display at the Berkeley Community Theater from March 29 through April 2, 1999.
Contact: Margaret Breland, Councilmember District 2, 644-6400; Betty Olds, Councilmember District 6, 644-6399; Polly Armstrong, Councilmember District 8, 644-6401; Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation and presented Proclamation.

30. Appoint Councilmember Breland to San Pablo Avenue Corridor Study, Policy Advisory Committee
From: Councilmember Worthington
Recommendation:
Appoint Margaret Breland to the San Pablo Avenue Corridor Study, Policy Advisory Committee, and appoint Councilmember Linda Maio as alternate.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded, failed, (Woolley/Olds; Abstain – Breland, Maio, Shirek, Spring, Worthington) the substitute motion to appoint Councilmember Breland and Mayor Dean and Councilmember Maio as alternate.

Moved, seconded, carried (Worthington/Spring; Noes – Armstrong, Olds, Woolley, Dean) the main motion to approve Councilmembers Breland and Worthington and Councilmember Maio as an alternate.

31. Supporting President Clinton’s Executive Order on Implementation of Human Rights Treaties
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting President Clinton’s Executive Order on implementation of Human Rights Treaties.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Mayor Dean. Moved, seconded, carried (Worthington/Shirek; Abstain – Armstrong, Dean) to refer the matter to the Peace and Justice Commission providing that no work be done by City staff under 1-4, but that any work be organized by the Peace and Justice Commission and the community.

32. Referral to the Budget Process: Integrated Arts for the Disabled
From: Councilmember Spring
Recommendation:
Refer the request from Integrated Arts for the Disabled for $15,000 to the FY1999-2000 budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

33. Referral to the Budget Process: East Bay Media Center
From: Councilmember Spring
Recommendation:
Refer the request from East Bay Media Center for $20,000 to the FY1999-2000 budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

34. Waiving Council Rules
From: Councilmember Spring
Recommendation:
Waive Council rules of not taking action on agenda items at this meeting, due to the fact it is the last meeting before spring break.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation.

35. Additional Security of EcoHouse Loans
From: Councilmember Maio
Recommendation:
Adopt a Resolution authorizing a guarantee of loans not in excess of $240,000 for Phase I of the EcoHouse Project, an environmental demonstration home in the City.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded carried (Maio/Spring; Abstain – Olds, Woolley, Dean) to support the concept of EcoHouse and to adopt Resolution No. 59,936-N.S. directing the City Manager to provide assurance to lenders which could include funding any gaps that might occur between appraised value and the selling price should the property be sold after two years, and to use the appraisal figure as the cap on any funding assurances.

36. Proclamation Honoring Dr. Glenn Seaborg
From: Councilmember Armstrong
Recommendation:
Approve a proclamation recognizing the achievements of world-renowned scientist Dr. Glenn Seaborg and expressing sympathy for his passing.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Withdrawn by Councilmember Armstrong.

Presentations

37. Berkeley Food Systems Project – former Assemblymember Tom Bates
a. City Manager Information

Contact: Arrietta Chakos, City Manager’s Office, 644-6580
Action: Heard presentation.

Action Calendar

Appeals

38. Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue (held over from March 9 meeting)
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 to Consent Calendar by Councilmember Worthington to set the matter for public hearing on April 20, 1999.

39. Landmarks Appeals – 1730 La Loma Avenue
a. Appeals filed by Alexander Gross
from the decisions of the Landmarks Preservation Commission’s designation of 1730 La Loma Avenue (Kingman Hall, Toad Hall, Abracadabra Fraternity, Theta Xi Fraternity House, the Living Love Center): 1) as a Berkeley landmark; and 2) denial of a roof deck permit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report (to be delivered)
Contact: Liz Epstein, Planning and Development, 705-8105
c. City Manager Information Report
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved to Consent Calendar by Councilmember Worthington to set the matters for public hearing on April 20, 1999.

Old Business

40. Contract Amendment: Operation of the Berkeley Landfill (removed from Consent by the City Manager and held over from March 9 meeting)
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: Moved to Consent Calendar by Councilmember Olds. Adopted Resolution No. 59,937-N.S.

41. Library Funding (held over by Councilmember Spring from March 9 meeting)
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 April 13, 1999.

42. Revisions to Citizens Budget Review Commission Charter (held over from March 9 meeting)
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 a) establish a work program and priorities, b) prepare an annual report, c) review budget policies, d) review and report to the City Council and the City Manager on all unfunded budget requests, and e) 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: Moved, seconded, failed (Woolley/Armstrong; Noes – Breland, Maio, Shirek, Spring; Abstain – Worthington) the substitute motion to approve the recommendation.

Moved, seconded, carried (Maio/Spring; Noes – Olds; Abstain – Worthington) to adopt Resolution No. 59,938-N.S. excluding item d of the recommendation.

S1. Federal Aid Funds for Repaving College Avenue
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the State Department of Transportation in the amount of $2,070,000 for the repaving of College Avenue from Dwight Way to South City Limits.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to the Consent Calendar by Councilmember Armstrong. Adopted Resolution No. 59,939-N.S.

S2. Grant Application: Traffic Roundabouts at Gilman Street and Interstate 80
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for funding in the amount of $100,000 to the State Transportation Improvement Program for design and environmental services to construct traffic roundabouts at Gilman Street and Interstate 80.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved, seconded, carried (Maio/Spring) to adopt Resolution No. 59,940-N.S. and referred to the Traffic Engineer and the Transportation Commission to consider restricting truck traffic in nearby residential areas except for local access and truck traffic on the route to the Transfer Station through the neighborhood streets.

S3. Support AB 877 – Amend Proposition 10: California Children and Families First Act (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution supporting the passage of AB 877 which will amend Proposition 10, The California Children and Families First Act, to include the three cities who are local health jurisdictions to be eligible to administer the California Children and Families First Program and to receive a proportional share of funds; and direct the City Manager to send letters to the appropriate officials stating Berkeley’s support for the Bill.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Moved to Consent Calendar by Mayor Dean. Adopted Resolution No. 59,941-N.S.

Public Hearings

(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 *)

43. Continued Public Hearing Regarding Zoning Appeal of Use Permits 3033 and 3681 – 699 Virginia Street (Berkeley Asphalt) (see agenda packet of January 26, 1999 for written material)

a.  Appeal filed by Nora Chorover on behalf of Ocean View Neighborhood Association and Communities for a Better Environment, of the Zoning Adjustments Board decision to take no action to initiate revocation proceedings for Use Permits based on certain findings for the property located at 699 Virginia Street.
b. City Manager Report dated March 16, 1999 *
Recommendation:
Continue the hearing on this matter to April 20, 1999.
c. City Manager Report dated February 16, 1999
Recommendation:
Continue the hearing on this matter to March 16, 1999.
d. City Manager Report dated January 26, 1999
Recommendation: 1) Conduct a public hearing and upon conclusion adopt a Resolution affirming the decision of the Zoning Adjustments Board with findings that Berkeley Asphalt and Ready mix is in compliance with the conditions of Use Permits 3033 and 3681, and based on the evaluation provided by expert consultants and affected agencies, as well as the testimony, the current operation of the Berkeley Asphalt and Ready Mix Companies does not constitute a nuisance. If Council after considering the record, is unable to determine whether there is a nuisance or violation of conditions, continue the hearing without action to coincide with the six month review by staff required pursuant to Use Permit 3033 six months after initiation of operation of the approved replacement equipment for the asphalt plant.
d. Communication from December 8, 1998:
1) Rena Rickles, Attorney on behalf of Berkeley Asphalt, applicant
Action: Moved, seconded, carried (Worthington/Spring) continue the matter to April 20, 1999.

44. Public Hearing: Fee Increase for Berkeley Camps
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution approving an increase in fees for Echo Lake Youth Camp and Berkeley Day Camp and rescinding Resolution No. 58,879-N.S.
Contact: Fred Medrano, Health and Human Services, 644-6459
Public Testimony: The Mayor opened the Public Hearing. No speakers. Moved, seconded, carried (Armstrong/Breland; Absent - Maio) to close the public hearing.
Action: Moved, seconded, carried (Armstrong/Spring; Absent - Maio) to adopt Resolution No. 59,942-N.S.

45. Public Hearing: Annual Neighborhood Cleanup Fee
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution No. 50,788-N.S. to add a collection fee of $25 to refuse bills of each property owner who disposes of refuse for each additional cu. yd. in excess of four cubic yards, to help defray the costs of collecting and disposing of excess materials for the Annual Neighborhood Cleanup Day.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Public Testimony: The Mayor opened the Public Hearing. No speakers. Moved, seconded, carried (Maio/Breland) to close the public hearing.
Action: Moved, seconded, carried (Maio/Olds) to adopt Resolution No. 59,943-N.S. as amended above.

Information Reports

46. I-80 Bicycle/Pedestrian Overcrossing
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580

47. Peer-Based Homeless Youth Outreach Proposal (CR 99-6)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459

48. Grant Application: Substance Abuse and Mental Health Services
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459

49. Enforcement of Tobacco and Alcohol Advertising Restrictions (CR 99-3)
From: City Manager
Contact: Liz Epstein, Planning and Development, 705-8105

50. Public Process Chronology for 2501 Sacramento Street (CR 99-25)
From: City Manager
Contact: Stephen Barton, Housing, 644-6001

Action: Place this matter back on Information Reports on April 13, 1999 with corrections as requested by Councilmember Spring.

51. Notice of Contract with UC Berkeley for Cal Adventures Water Program
From: City Manager
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

52. Wood-Burning Appliances
From: Mayor Dean
Contact: Shirley Dean, Mayor, 644-6484

Communications

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

Page No.

1. William and Cynthia Wampler, regarding experimentation on animals.

2. Eight postcards regarding additional funds for the Central Library Renovation Project.

3. Regarding Dwight Way Apartment project located at 2501 Sacramento St.: Dean
a. Dwight Way Terrace Business Assn.
b. Robert C. Baum, South Berkeley Neighborhood Assn.

4. Patrick Kennedy, Panoramic Interests, transmitting newspaper articles regarding the growth and expansion of the Bay Area.

5. Anne Marselis, Saint John’s Neighbors, regarding Don’s Auto Clinic at 2555 College Avenue.

6. Heath Maddox, Transportation Planning UC Graduate Student, regarding on-site parking at 2161 Allston Way.

7. Clay Harvey, regarding commercialism and health care.

8. Petition from North Berkeley Senior Center Advisory Council, Inc., regarding Taxi Scrip books per quarter. Dean

9. Kent Jones, Tyler-California-King Neighborhood Assn., regarding the budget process as it affects school maintenance and traffic/parking problems around schools. Maio, Dean

10. Form letter regarding smoking in tot lots from: Spring, Dean

a) Amy Villwock
b) Jan Deblasi
c) Nette Barry
d) Leslie Peralta
e) Trina Audley
f) Simone La Coss
g) Liliana LoBo Ferreira
h) Francesca Verdier
I) Moses Cesario
j) Allyson Cesario
k) Chloe Chaudhry
l) Jenifer Peale
m) Kristen Hopper
n) Jodi Longbire
o) Maria Scatina
p) Naomi Gribneau
q) Daniel Castro
r) Gratheg Hua
s) Chamelt O’Neal
t) Jeanne L. Fisenman
u) Cecile J. Harrison

SUPPLEMENTAL COMMUNICATIONS

AND AGENDA REPORTS

Page Item/Subject/Description

Re: Item 8 – Contract Amendment: Ecology Center

1. James Keene, City Manager, revised resolution and contract amendment.

Re: Item 9 – Grant Application: Ninth Street Bike Boulevard to Emeryville Border

2. Hank Resnik, President, Bicycle-Friendly Berkeley Coalition

Re: Item 17 – Section 8 Housing Displacement

3. Mayor Shirley Dean, amended report

Re: Item 19 – Support Investigation of U.S. Corporate Involvement in Killings in Nigerian Oil Fields

4. Mayor Shirley Dean, amended report

Item 20 – Support AB 304 – Property Tax Return Bill

5. Mayor Shirley Dean, amended report

Item 22 – Public Safety Regulation of Large Entertainment Events on Private Property

6. Mayor Shirley Dean, attachment to report

Item 38 – Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue

7. Anne Marselis, Secretary, St. John’s Neighbors

8. James M. Sharp and Daniella Thompson

9. Petition with 92 signatures in support of Alexander Gross’ appeal of Landmarks Preservation Commission decision.

Item 39 – Landmarks Appeal – 1730 La Loma Avenue

10. James Keene, City Manager, supplemental report and recommendation.


Item 40 – Contract Amendment: Operation of the Berkeley Landfill

11. James Keene, City Manager, table of comparative landfill costs

Item 48 – Grant Application: Substance Abuse and Mental Health Services

12. Andrew Phelps

Item 50 – Public Process Chronology for 2501 Sacramento Street

13. Eugene Turitz

14. Jack D. Gardner

15. Stephanie Forbes

16. Resources for Community Development

Item S1 – Federal Aid Funds for Repaving College Avenue

17. Jacqueline Hoeppner-Freitas, Chairperson, DMV Neighbors Association

Adjournment

The meeting adjourned at 10:58 p.m.


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