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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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BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JULY 13, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:05 p.m. - Councilmember Maio absent.

Ceremonial Matters:

Proclamation: Honoring Carl Blumstein for twenty years of service to the Berkeley Energy Commission
Action: Proclamation presented.

Comments From The City Manager:

a. The "Get the Lead Out of Berkeley" 5K and 10K run/walk is on July 18th and is a fundraiser promoted by the Child Lead Poisoning Prevention Agency.
b. There have been significant changes to the Emergency Response Training classes. Future classes will be held in August. If interested, contact the Office of Emergency Services.
c. The new green machine for cleaning sidewalks is called "The Hawk."

Comments From The Public: 12 speakers heard.
Action: Councilmembers Spring and Breland referred complaints from Lois Noda and Joanna Spencer regarding the management of a city-funded project at 2425 Shattuck Avenue to the City Manager.

Youth Forum: No speakers.

Consent Calendar

Action: Moved, seconded, carried (Armstrong/Worthington; Absent - Maio) to adopt the Consent Calendar 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
Action:
Adopted Resolution No. 60,101-N.S.

2. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) June 8, 1999 (regular); b) June 15, 1999 (regular); and c) June 22, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action:
Approved minutes.

3. Ordinances for Second Reading

a. Amending Berkeley Municipal Code (BMC) Chapter 4.36, Supplementary Retirement and Income Plan I, to permit participants to direct the investment of funds allocated to their accounts.
Action:
Adopted second reading of Ordinance No. 6490-N.S., effective August 12, 1999.
b. Amending Berkeley Municipal Code (BMC) Chapter 4.38, Supplementary Retirement and Income Plan II, to permit participants to direct the investment of funds allocated to their accounts.
Action:
Adopted second reading of Ordinance No. 6491-N.S., effective August 12, 1999.
c. Amending Berkeley Municipal Code (BMC) Section 4.04.120A, Exemption From Career Service (At-Will Employees), to add the Economic Development Manager classification.
Action:
Adopted second reading of Ordinance No. 6492-N.S., effective August 12, 1999.
d. Authorizing the setting of the Fiscal Year 2000 Tax Rate for the Measure S General Obligation Bonds (Election of 1996).
Action:
Adopted second reading of Ordinance No. 6493-N.S., effective August 12, 1999.
e. Authorizing the setting of the Fiscal Year 2000 Tax Rate for the Fire Seismic General Obligation Bonds (Election of 1992).
Action: Adopted second reading of Ordinance No. 6494-N.S., effective August 12, 1999
f. Levying a Special Tax to fund the provision of Emergency Medical Services for Fiscal Year 2000.
Action:
Adopted second reading of Ordinance No. 6495-N.S., effective August 12, 1999.
g. Levying a Special Tax to fund maintenance of Parks and Landscaping for Fiscal Year 2000.
Action:
Adopted second reading of Ordinance No. 6496-N.S., effective August 12, 1999.
h. Levying the Municipal Tax Rate for Fiscal Year 2000 to support the current expenses of operating Berkeley Library Services.
Action:
Adopted second reading of Ordinance No. 6497-N.S., effective August 12, 1999.
i. Levying the Municipal Tax Rate for the City of Berkeley for Fiscal Year 2000 to fund Emergency Services for Severely Disabled Persons.
Action: Adopted second reading of Ordinance No. 6498-N.S., effective August 12, 1999.
j. Authorizing a lease agreement with Yi Su Hyong and Yi Myong Soon for operation of Durant Shoe Repair at Sather Gate Mall, 2432 Durant Avenue for $1,009 per month for a period of five years
Action: Adopted second reading of Ordinance No. 6499-N.S., effective August 12, 1999. (Noes – Breland, Spring, Worthington; Absent: Maio)
k. Authorizing a lease agreement with Charles and Theresa Lee for operation of Michelle's Yogurts and Sweets at Sather Gate Mall, 2430 Durant Avenue for $844 per month for a period of five years.
Action: Adopted second reading of Ordinance No. 6500-N.S., effective August 12, 1999. (Noes - Breland, Spring, Worthington; Absent - Maio)
l. Adopting the Annual Appropriations Ordinance based on the adopted budget for Fiscal Year 2000 as proposed by the City Manager and amended by the City Council.
Action:
(Noes - Olds, Woolley, Dean; Abstain – Armstrong; Absent - Maio)

Held over to July 20th meeting.

m. Levying the Municipal Tax Rate for Fiscal Year 2000 on every Large Nonprofit Organization
Contact: Sherry M. Kelly, City Clerk, 644-6480 
Action:
Adopted second reading of Ordinance No. 6501-N.S., effective August 12, 1999. (Noes – Olds; Absent - Maio)

4. Lease Agreement: Berkeley Joint Powers Financing Authority
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute and deliver a lease agreement, a sublease agreement, and certain other actions in connection with the acquisition of a 6.4 acre park located at 4th and Harrison Streets, currently owned by the University of California.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Adopted first reading of Ordinance. Second reading July 20, 1999.

5. Contract: Purchase Patrol Boat for Marina (CR 98-92)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the State Department of Boating and Waterways for a $55,000 grant for the purchase of a patrol boat for the Berkeley Marina.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action:
Adopted Resolution No. 60,102-N.S. Councilmember Woolley asked that appropriate training be provided for whomever will be operating the boat.

6. Grant Application: Bullet Proof Vests for Police Officers (CR 99-41)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a Bulletproof Vest Partnership Grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for an amount not to exceed $30,000 for the purchase of bullet proof vests for police officers; and authorizing the City Manager to execute the resultant agreement and any amendments.
Contact: Dash Butler, Police, 644-6568
Action:
Adopted Resolution No. 60,103-N.S.

7. Expenditure for Temporary Employment Agency Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing an expenditure of $15,760 ($5,992 Customer Service and $9,768 Parking), to Tac Temporary Agency; and adopt a Resolution authorizing the expenditure of $3,409 (Parking) for Volt Temporary Agency for the use of temporary employment agency personnel in the Customer Service Division of the Finance Department for the 1998-99 Fiscal Year.
Contact: Frances David, Finance Department, 644-6476
Action:
Adopted Resolution No. 60,104-N.S. and Resolution No. 60,104A-N.S.

8. Extend Filing Date for Sewer Refunds
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 7.20.047B(3), Refund of Specified Sewer Bill Overpayments, to extend the filing date for sewer refunds from August 31, 1999 to October 31 December 31, 1999.
Contact: Frances David, Finance Department, 644-6476
Action:
Adopted first reading of Ordinance as amended to extend the filing date to December 31, 1999. Second reading scheduled July 20, 1999. Council requested the process be simplified to allow for either a cancelled check or a water bill be accepted as evidence and that a letter go out to residents explaining the process and that this letter be reviewed by Vice Mayor Shirek and one or two other councilmembers to ensure it is clear and the process is simple.

9. Consultant Contract Amendment: Negotiating Agreements for I-80 Bicycle/Pedestrian Overcrossing
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with William R. Gray and Company to assist the City with negotiating a City/State Cooperative Agreement and a City/State Maintenance Agreement with Caltrans for the I-80 Bicycle/Pedestrian Overcrossing in an amount not to exceed $14,500 for a total of $51,600 for the term ending June 30, 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:
Adopted Resolution No. 60,105-N.S.

10. Claim: The Glynhart Corporation
From: City Manager
Recommendation:
Adopt a Resolution authorizing the settlement of Public Liability Claim Number 99-131A, The Glynhart Corporation, in the amount of $17,034.55
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:
Adopted Resolution No. 60,106-N.S.

11. Claim: Helmut W. Gieben
From: City Manager
Recommendation:
Adopt a Resolution authorizing the settlement of Public Liability Claim Number 98-188B, Helmut W. Gieben, in the amount of $17,139.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:
Adopted Resolution No. 60,107-N.S.

12. Claim: Reliance Insurance Co. as Subrogee for Transaction Financial Corp. (Optima Property Management Group)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the settlement of Public Liability Claim Number 99-121, Reliance Insurance Co. as subrogee for Transaction Financial Corp. (Reliance Insurance Company), in the amount of $17,162.92
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:
Adopted Resolution No. 60,108-N.S.

13. Bequest from Estate of Cora Lee Johnson
From: City Manager
Recommendation:
Adopt Resolution accepting a bequest from the estate of Cora Lee Johnson in the amount of $4,891 for the Mental Hygiene Clinic of Berkeley, currently known as Berkeley Mental Health.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action:
Adopted Resolution No. 60,109-N.S.

14. Salary Adjustment: Applications Programmer Analysts
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 59,883-N.S. to approve equity salary increases for Applications Programmer Analyst I and II classification as a result of meet and confer between the City of Berkeley and the Social Services Union/SEIU Local 535.
Contact: Ronald N. Brown, Director of Personnel, 665-7614
Action:
Adopted Resolution No. 60,110-N.S.

15. CalPERS Employees Medicare Coverage
From: City Manager
Recommendation:
Adopt a Resolution to request permission of the California Public Employees Retirement System (CalPERS) to conduct an election among eligible CalPERS members to make an individual choice as to whether an employee wishes to be covered under Medicare-Only under the provisions of the Social Security Act.
Contact: Ronald Brown, Personnel, 644-6951
Action:
Adopted Resolution No. 60,111-N.S.

16. Layoff Placement Program
From: City Manager
Recommendation:
Adopt a Resolution establishing guidelines for payment of monies at the rate of $1,000 or 2% of annual salary, whichever is greater, for each full time equivalent year of City service up to a maximum of $30,000, to employees who accept an offer of out-placement, in accordance with the applicable Memorandum Agreement provisions for layoff which include the option of out-placement as part of the policy.
Contact: Ronald Brown, Personnel, 644-6951
Action:
Removed from Consent Calendar by Vice Mayor Shirek. Moved, seconded, carried (Breland/Worthington; Absent – Armstrong, Maio, Shirek) to adopt Resolution No. 60,112-N.S.

17. Extending Zoning Regulations for Fast Food and Ground Floor Uses
From: City Manager
Recommendation:
Extend the interim action of the Planning Commission decision of December 23, 1998 to initiate an amendment to the Zoning Ordinance creating a Downtown Arts Overlay District and establishing zoning regulations for fast food uses and new ground floor uses in the Overlay District, until December 23, 1999.
Contact: Liz Epstein, Planning and Development, 705-8105 Action: Approved recommendation.

18. Contract: Youth Employment, Training and Park Maintenance Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Youth Alternatives (BYA) through June 30, 2001 in an amount not to exceed $170,000 for a period of two years to operate a youth employment, training and park maintenance project for Fiscal Years 2000 and 2001.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,113-N.S. Councilmember Olds requested a report on how many people had been helped through this program last year.

19. Contract: HIV Testing
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Free Clinic as a testing site to perform the HIV antibody screening procedure, including testing and pre-/post test counseling for the retroactive period of July 1, 1998 to June 30, 2000.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action:
Adopted Resolution No. 60,114-N.S.

20. Contract: X-Ray and Laboratory Services for Tuberculosis Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alta Bates Medical Center to provide x-ray and laboratory services for the Tuberculosis Program, in an amount not to exceed $35,000, for the period July 1, 1999 to June 30, 2001.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action:
Adopted Resolution No. 60,115-N.S.

21. Contract: Public Health Laboratory Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the California State Department of Health Services for public health laboratory services in an amount not to exceed $169,737 for the period July 1, 1999 to June 30, 2000 and approving a $25,000 advance payment.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action:
Adopted Resolution No. 60,116-N.S.

22. South Berkeley Revolving Loan Fund
From: City Manager
Recommendation:
Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the Federal Economic Development Administration (EDA).
Contact: Bill Lambert, Economic Development, 705-8180Action:
Adopted Resolution No. 60,117-N.S.

23. Contract: Convention and Visitors Bureau
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with the Berkeley Convention and Visitors Bureau and Film Office for $250,055 in Fiscal Year 2000 to provide continued program development and marketing plan implementation to assist visitors.
Contact: Bill Lambert, Economic Development, 705-8180
Action:
Removed from Consent Calendar by Vice Mayor Shirek. Moved, seconded, carried (Breland/Worthington; Absent – Armstrong, Maio, Shirek) to adopt Resolution No. 60,118-N.S. Council requested staff in the future to explore an alliance between the DBA and the Bureau to share office space, an art gallery, or conference rooms to perhaps make more efficient use of monies.

24. Contract: Legacy Software
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source contract and any amendments with PCS Networks, Inc. for the purchase of Legacy Software to convert the City's DOS Programs and build an organizational intranet, in an amount not to exceed $48,750 for the period July 19, 1999 to December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820
Action:
Adopted Resolution No. 60,119-N.S.

25. Contract: Collaborative Software
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Inacom Information Systems to install Collaborative Software in an amount not to exceed $340,000 for the period ending December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820
Action:
Removed from Consent Calendar by Councilmember Spring.and held over to July 20, 1999 by the City Manager.

26. Contract: Cable Television Facility
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Community Media in an amount not to exceed $59,125 for the period July 19, 1999 to September 30, 1999 for a public access, educational, and government (PEG) cable television facility.
Contact: Chris Mead, Information Systems, 644-6820
Action:
Adopted Resolution No. 60,120-N.S.

27. Stop Sign Installation
From: Councilmember Breland
Recommendation:
Refer the installation of a four-way stop at the corner of Channing Way and Edwards Street to the City Manager.
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action:
Approved recommendation.

28. Labor and Organizational Crisis at KPFA
From: Vice Mayor Shirek
Recommendation:
Adopt a Resolution protesting KPFA's policing practices and firings of KPFA staff and urging the Pacifica Board to enter into mediation to resolve the current conflicts.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243
Actions:
Removed from Consent Calendar by Mayor Dean. Moved, seconded, carried (Shirek/Breland; Absent – Armstrong, Maio, Spring) to approve a recommendation to urge immediate mediation between Pacifica and KPFA staff.

Moved, seconded, failed (Worthington/Breland; Noes – Olds; Abstain – Woolley, Dean; Absent – Armstrong, Maio, Spring) to approve the proposed resolution. For the record Councilmember Woolley and Mayor Dean announced they would abstain as they believe mediation and negotiation is the way to solve this problem.

29. Oppose Knight Initiative
From: Councilmembers Worthington, Spring, Maio, and Vice Mayor Shirek
Recommendation:
Adopt a Resolution to: 1) Oppose the Knight Initiative which states, "819.(SA98RF0014) Definition of Marriage: Adds a provision to the Family Code providing that only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on State and local governments: This measure would likely have no direct fiscal effect on State and local governments"; and request the City Clerk send letters opposing the Knight Initiative to State Assemblywomen Dion Aroner and Audie Bock, State Senator Don Perata, Congresswoman Barbara Lee, U.S. Senators Dianne Feinstein and Barbara Boxer, and Governor Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266; Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644-6243
Action:
Approved recommendation as amended and adopted Resolution No. 60,121-N.S.

30. Animal Care and Control
From: Task Force on Animal Care and Control (Mayor Dean and Councilmembers Olds and Spring)
Recommendation:
1) In compliance with the requirements of AB 1482, schedule a public hearing in the near future, and 2) refer AB 1482 to the City Attorney for preparation of the required determinations and findings to be considered at the public hearing.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Dona Spring, Councilmember District 4, 644-6266
Action:
Approved recommendation.

31. Process to Include Intumescent Paint in Berkeley Fire and Building Codes
From: Mayor Dean
Recommendation:
Refer to the City Manager for evaluation, the inclusion of intumescent paint meeting certain standards in the Berkeley Fire and Building Codes; such inclusion to be not as replacement but as an addition to current life safety requirements.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Approved recommendation. (Abstain: Woolley; Absent - Maio)

32. Changing Regular Council Meetings to Saturday Mornings
From: Mayor Dean
Recommendation:
That Council acting as a Rules Committee-of-the-whole, refer to the City Manager for comment, a proposal to change the Council's regular meeting day and time from Tuesday evenings at 7 p.m. to Saturday mornings at 9 a.m. for a trial period which would commence after the summer recess on Saturday, September 18, 1999, and extend through Saturday, December 11, 1999; that, on July 20th, the Council consider the Manager's comments and those of others and, at that meeting, decide whether to proceed with such a trial period; that the trial period will automatically end on December 11th unless specifically extended by the Council; and that, in November or December 1999, prior to making a decision on extension, and after citizens, staff, and Councilmembers have had experience with this schedule, the Council will hold a public hearing on this matter.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Withdrawn by Mayor Dean.

33. Changing City Building Inspection Hours to Allow for Early Evening Time Slots
From: Mayor Dean
Recommendation:
Refer to the City Manager for evaluation, a proposal to change/expand building inspection times to allow for early evening time slots, perhaps from 5 p.m. to 8 p.m. at least three evenings per week.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action:
Approved recommendation.

34. Composite Ordinance Regulating Firearms and Munitions Dealers
From: Mayor Dean
Recommendation:
Refer to the City Attorney, the "Composite Ordinance Regulating Firearms and Munitions Dealers", as recommended by the East Bay Public Safety Corridor Partnership, which prohibits dealers from operating near residences and other sensitive areas, requires secure premises, liability insurance, dealer and employee background checks and the sale of trigger locks; request the City Attorney advise Council via an Agenda Information Report of the date her recommendations will be submitted to the Council, such report to be submitted to the Council before our August recess.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Approved recommendation.

35. Dredged Material Management Plan for San Francisco/Oakland Bay Bridge East Span Seismic Safety Project
From: Mayor Dean
Recommendation:
Refer to the City Manager and the Community Environmental Advisory Commission (CEAC), the June 1999 "Dredged Material Management Plan" for the San Francisco-Oakland Bay Bridge East Span Seismic Safety Project requesting preparation of comments on behalf of the City, such comments should be received by CalTrans by July 21, 1999, and request the City Clerk to place this subject on the Agenda for the July 20th Council Meeting.
Contact: Tamlyn Bright, Mayor's Office, 644-6484
Action:
Approved recommendation and placed the subject back on the July 20, 1999 agenda.

36. Oppose SB 428: San Francisco Bay Area Water Transit
From: Councilmember Worthington
Recommendation:
Oppose SB 428 unless it is amended to: 1) eliminate the provisions that authorize operation of a water transit system; 2) restrict the mandate of the Authority to development of a business plan; 3) specify that the members of the authority must be local elected officials appointed by the Boards of Supervisors and City Selection Committees of the nine Bay Area Counties; 4) require consistency of the business plan with the Regional Transportation Plan; and 5) require the Authority to follow the Federal Transit Aministration's guidelines for Major Investment Studies; and that the City Clerk send a letter opposing SB 428 to State Assemblywoman Dion Aroner.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action:
Held over to July 20, 1999 meeting by Councilmember Worthington. A Transportation Commission report to be included with this item on the July 20th agenda.

37. Recycle Polyethylene Terephthalate (PET) Bottles
From: Solid Waste Management Commission
Recommendation:
Adopt a Resolution urging the Coca-Cola Company to use recycled Polyethylene Terephthalate (PET) in product bottles, to use recycled materials in other containers, and commit to introducing refillable plastic soda bottles in the United States; and requesting the City Manager send the Resolution to the Coca-Cola Company.
Contact: Debra Kaufman, Secretary, 665-8891
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:
Removed from the Consent Calendar by Councilmember Woolley and held over to July 20, 1999 meeting.

Presentations

38. Cable Services - TCI-ATT Regarding Converter Boxes
a. City Manager Information Report
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action:
Moved, seconded, failed (Worthington/Olds – Abstain – Armstrong; Absent – Maio, Shirek, Spring, Woolley) to request that TCI explore 1) either providing for a waiver or phasing in of the converter box charge and 2) providing a low income exemption for converter box fees as well as on the total bill.

Action Calendar

Appeals:

39. Zoning Appeal of Use Permit 99-20000026 - 2228 Sixth Street (held over from June 22, 1999)
From: City Manager
Recommendation:
Adopt a Resolution 1) remanding the appeal of Elliott Abrams, applicant, to: a) establish a combined residential/commercial use by raising an existing 1,400 square foot single family house by four feet to accommodate a like amount of commercial office space on the ground floor at 2228 Sixth Street; b) construct 344 square feet of commercial office space at the rear of the new ground floor for a total of 1,744 square feet; c) add four parking spaces; and d) allow the continuance of a non-conforming 4'10" side yard, back to the Zoning Adjustments Board for a new public hearing to investigate and reconsider the issues of open space and parking based on the applicant's stated intent to revise the project to address the issues raised by the Board; and 2) directing the Zoning Adjustments Board to require a shadow study be submitted by the applicant to allow the Board to better evaluate the potential for detriment to the adjacent properties from shadowing resulting from the raising of the structure.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communication from:
1) Bob Howard
Action:
Moved, seconded, carried (Breland/Spring; Absent – Maio, Shirek, Woolley) to adopt Resolution No. 60,122-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

40. Zoning Appeal of Use Permit 99-10000003 - 1466 Seventh Street
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) denying a Use Permit to Yanay Shik to continue an existing non-conforming front yard of 16-feet 8-inches in a vertical plane, where 20 feet is required, by raising the existing house and constructing a new floor underneath at 1466 Seventh Street and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
Action:
Moved, seconded, carried (Spring/Armstrong; Absent – Maio, Shirek, Woolley) to adopt Resolution No. 60,123-N.S. upholding the decision of the Zoning Adjustments Board and dismissing the appeal.

41. Zoning Appeal of Use Permit 98-10000085 - 1629 San Pablo Avenue
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving a Use Permit with findings and conditions to Nobukazu Iwasaki to include ballroom dancing and live music in an existing restaurant at 1629 San Pablo Avenue and dismissing the appeal by Joyce Barison.
Contact: Liz Epstein, Planning and Development, 705-8105
Communications:
1) Nobukazu Iwasaki
Action: Moved, seconded, carried (Breland/Worthington; Noes – Dean; Absent – Armstrong, Maio, Spring) to adopt Resolution No. 60,124-N.S. upholding the decision of the Zoning Adjustments Board and approving a Use Permit with findings and conditions (as amended by Council to revise the hours of operation as 5 p.m. to 10 p.m. Sundays through Thursdays, and 5 p.m. to 12 a.m. Fridays and Saturdays) and dismissing the appeal.

Old Business:

42. Minutes for Approval (held over from April 27, May 11, 25, June 8 and 22 meetings)
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Actions:
Moved, seconded (Worthington/Breland) a main motion to amend the minutes to reflect the adoption of a resolution.

Moved, seconded, carried (Worthington/Olds; Abstain – Shirek; Absent – Armstrong, Maio, Spring) a substitute motion to approve the minutes as submitted. For the record Councilmember Worthington indicated he was voting to approve the minutes so as not to delay them any longer but believed the action taken by the council included adoption of a resolution.

43. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27, May 11, 25, June 8 and 22 meetings)
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden, principal author, published by the Center for Livable Communities, January 1999, item 5 "Traffic Dispersion" and item 22 "Snow Removal"; that if staff or commissions feel that additional section should be eliminated from consideration, they should feel free to make that recommendation; 2) throughout the entire process of consideration of this referral, residents and neighborhood groups are to be consulted; 3) request staff, residents and commission members consider adopting all or part of the guidelines they recommend as policies which will guide the City in future actions; and 4) status reports be provided to Council every six months until final recommendations are made for or against the adoption of these policies and returned to Council for action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Moved to Consent Calendar by Councilmember Spring and approved recommendation revised by Mayor Dean as shown above.

44. City-Owned Parking Lots (removed from Consent by Councilmember Spring and held over from May 25, June 8 and 22 meetings)
From: Councilmember Spring
Recommendation:
Establish a policy to return city-owned parking lots at Oxford and Berkeley Way to short term parking with rates escalating after four hours; and refer to staff the request by University Avenue merchants that parking validation be allowed in the Berkeley Way lot for a report back by July 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action:
Moved to Consent Calendar by Councilmember Olds. Approved recommendation.

45. Civic Center Area Parking (removed from consent by Councilmember Spring and held over from June 8 and 22 meetings)
From: Mayor Dean
Recommendation:
1) Refer to the City Manager a proposal to call for a Request-For-Proposals that would result in a study of providing parking for the Civic Center area only; 2) that no sites which could serve the Civic Center area would be eliminated from the study; 3) that the study also include parking for on-duty users of the Public Safety Building; 4) that the School District and City enter into discussions to jointly fund such a study and process that could result from a Request-For-Proposals; 5) that the on-going discussion of this subject be referred to the Joint City-School District 2x2 Committee; 6) that whenever this subject is discussed by the 2x2 Committee, that Councilmember Spring, representatives of the Landmarks and Transportation Commissions, BAHA, and neighborhood representatives be noticed; and 7) that the City Manager report back as soon as possible for Council approval of any actions necessary to implement this item.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Withdrawn by Mayor Dean.

46. State Tobacco Settlement Fund (removed from consent by Councilmember Spring and held over from June 8 and 22 meetings)
From: Mayor Dean
Recommendation:
That the Governor and the Legislature commit the Tobacco Settlement proceeds to a separate fund for health and health care, and approve a chart of "Options for Use of Tobacco Settlement Funds", with priorities being items 1, 4, 5, and 6, and inform our lobbyist in Sacramento with the request that all pertinent legislators be notified of Berkeley's position.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action:
Withdrawn by Mayor Dean.

47. Annual Budget Report (held over from June 22, 1999)
From: Citizens Budget Review Commission
Recommendation:
That Council take the following action: 1) Regarding the budget development process, direct the City Manager to continue to develop a rolling five-year strategic plan and for the Council to adopt it as a part of the biennial budget; 2) regarding the budget format, continue to work toward implementation of a programmatic budget, specifically aimed at connecting the budget to the General Plan; 3) regarding the two-year budget cycle, use the June of the mid-year (i.e. June 2000) for a "mid-year" budget update, much as the mid-year budget update addressed by the Council in March 1999; 4) regarding the revenue projections, accept the City Manager's proposal and encourage the City Manager to complete his effort to develop and keep up-to-date a rolling five-year revenue projection for General Fund and all enterprise funds; 5) regarding expense budget proposals, direct the City Manager to recommend to the City Council for adoption the overhead and indirect cost formula to be used for each of the General Fund-based and enterprise fund-based programs and projects, e.g., the Sewer Program; and 6) accept this memorandum as the FY 1998-99 Annual Report of the CBRC.
Contact: Laurie Bright, Chairperson, 524-9126

Actions: Moved, seconded, carried (Worthington/Shirek; Abstain – Olds; Absent – Armstrong, Maio, Spring) to approve recommendations 1, 4, 5 and 6

Moved, seconded, carried (Worthington/Breland; Absent – Armstrong, Maio, Spring) to approve recommendations 2 and 3 with amendments that Council will receive quarterly budget reports in writing and receive six month mid-year budget updates as a scheduled Council item the first 6 months of the year; requested the City Manager report back with a schedule and definitions; and that the Council will receive a presentation from staff at the time Council receives the quarterly reports.

48. Commission on Child Care (held over from June 22 meeting)
From: Task Force on Child Care Compensation
Recommendation:
Adopt a Resolution establishing a Commission on Child Care and authorizing the Council to make appointments pursuant to the Fair Representation Ordinance (Berkeley Municipal Code Sections 2.04.030 through 2.04.130).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation:
That Council forgo creating a Commission on Child Care at this time but suggest a Commission on Children as a future project to incorporate some of the ideas and concerns of the child care community. There is no money allocated for the creation of this Commission or to support the programs. Furthermore, creating a Commission dedicated only to child care is a very narrow mission.
Contact: Stephen Barton, Housing, 644-6001
Actions:
Moved, seconded, failed (Breland/Worthington; Noes – Olds, Woolley, Dean; Absent - Armstrong, Maio, Spring) to approve the Commission’s recommendation to establish a new commission.

Moved, seconded, carried (Worthington/Breland; Absent – Armstrong, Maio, Spring) to adopt Resolution No. 60,125-N.S. extending the Task Force for 6 months and requesting staff consider a Commission on Children as a future project.

New Business:

49. Amending Building Code
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 19.28.030 to add Appendix Chapter 34, Division III of the 1998 Edition of the California Building Code - Repairs to Buildings and Structures Damaged by the Occurrence of a Natural Disaster.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action:
Moved to Consent Calendar by Councilmember Olds. Adopted first reading of Ordinance. Second reading July 20, 1999.

50. Lease Agreement: Berkeley Rowing Club at Aquatic Park
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute an agreement and any amendments with the Berkeley Rowing Club, Inc. to lease City property in Aquatic Park located at 2851 West Bolivar Drive in an amount not to exceed $9,100 over a period of three years.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action:
Moved to Consent Calendar by Councilmember Olds. Adopted first reading of Ordinance. Second reading July 20, 1999.

51. Lease Agreement: Berkeley Waterski Club at Aquatic Park
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute an agreement and any amendments with the Waterski Club, Inc. to lease City property in Aquatic Park located at 2821 West Bolivar Drive in an amount not to exceed $9,100 over a period of three years.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action:
Moved to Consent Calendar by Councilmember Olds. Adopted first reading of Ordinance. Second reading July 20, 1999. (Abstain: Spring; Absent - Maio)

52. Housing Trust Fund (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution reserving $866,452 from the Fiscal Year 1998-99 Housing Trust Fund and authorizing the City Manager to execute loan agreements with contingencies for the following projects: a) $250,000 for Resources for Community Development (RCD) and BuiLD (house for disabled children at 2110 7th St.); b) $83,000 for Resources for Community Development and The Berkeley Way (five-unit project for disabled young adults at 1331-33 Oxford St.); c) $220,000 for Northern California Land Trust (acquisition and construction of 1419 Ashby Ave. for resale); d) $270,000 for Berkeley Emergency Food and Housing Project (third floor addition of 2140 Dwight Way for resale); and e) $43,052 for Bonita House (fire escape replacement at 1410 Bonita Ave.).
Contact: Stephen Barton, Housing, 644-6001
Actions:
Moved to the Consent Calendar by Councilmember Spring adoption of Resolution: No. 60,126-N.S., approving Items a) through d).

Moved, seconded, carried (Woolley/Shirek; Absent – Armstrong, Maio, Spring) Resolution No. 60,127-N.S., approving Item e and requesting an evaluation by the Auditor on the success of the Bonita House program.

53. Process to Amend West Berkeley Plan and Zoning Ordinance (to be delivered)
From: Mayor Dean and Councilmember Olds
Recommendation:
Request the City Manager initiate a process to amend the West Berkeley Plan and Zoning Ordinance (as necessary) to allow limited retail in the Mixed Use-Light Industrial District on Eastshore Highway between Hearst and Virginia (approximately a one-block area), that if in the course of this process, staff and involved commissions determine the area should be somewhat enlarged, e.g. uses on Hearst Street between Eastshore Highway and Second, they should feel free to make that recommendation to the Council.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399
Actions:
Moved, seconded, failed (Olds/Woolley; Noes – Breland, Worthington, Absent – Armstrong, Maio, Spring) a substitute motion to refer this to the Planning Commission as a priority.

Moved, seconded, carried (Worthington/Breland; Absent – Armstrong, Maio, Shirek, Spring) requesting the City Manager delay enforcement in this specific area until Council receives the Planning Commission recommendations.

Information Reports

54. Summer Pothole Repair Expansion
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:
Received and filed.

55. Update on Measure S Downtown Improvements Planning and Implementation
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:
Received and filed.

56. Strawberry Creek Downtown Data Collection Study
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action:
Received and filed.

57. Percent for Art on Private Development Projects (CR 99-69)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action:
Received and filed.

58. Grant: Effective Parenting Program
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459
Action:
Received and filed.

59. Spay and Neuter Ordinance (CR 97-122) (to be delivered)
From: City Manager
Contact: D. E. Butler, Police Department, 644-6756
Action:
Received and filed.

60. Fee Waiver for Eastman Building, 2136 Center Street
From: City Manager
Contact: Liz Epstein, Planning and Development, 705-8105
Action:
Received and filed.

61. Sustainable Business Alliance-Berkeley
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action:
Received and filed.

62. Oral Update on San Pablo Avenue Transit Corridor
From: Councilmember Breland
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action:
Held over to July 20, 1999 meeting at the request of Councilmember Breland.

Communications

Action: Received and filed unless referred to the City Manager and/or Boards and commissions for investigation and/or recommendations:

1. Joan M. Torykian, regarding sidewalk obstructions on the 1800 block of Euclid. Dean

2. Senator Don Perata, State Capitol, Sacramento, regarding CalPERS investments in firearm manufacturers. Olds

3. Friends of the West Berkeley Native Shellmound, regarding use permits at 642 Hearst Avenue.

4. The Tavernier Family, regarding the Berkeley Tuolumne Family Camp. Olds. Dean referred to City Manager for report regarding the amount of the non-residence fee for campers

5. Arthur Stopes, III, Center for Unalienable Rights Education, regarding Berkeley business licenses. Breland, Dean

6. Dr. Sonia Gaemi, regarding the health benefits of tea.

7. Gene Bernardi, Committee to Minimize Toxic Waste, regarding hazardous waste permits. Dean

8. The Glaeser Family, regarding a stoplight at Ashby and Claremont.

9. Susan Cerny, regarding landmark buildings in the City of Berkeley. Olds

10. Periann Wood, US Environmental Protection Agency, regarding the Tritium Issues Work Group. Dean

11. Allan Anderson, regarding rental units at 2455 Prospect Street.

12. Estelle Jelinek, regarding Chamber of Commerce and Community Services Office referrals. Spring

13. Charlie Betcher, regarding traffic, parking, and bicycles on Claremont Avenue. Breland

14. Paul Huizinga, regarding the Landmark designation of the George Edwards House.

15. John L. King, regarding Berkeley parking enforcement. Breland, Spring

16. Patrick Kennedy, Panoramic Interests, regarding Internet firms moving to Emeryville; populations in city centers. Breland

17. Senator Dianne Feinstein, regarding the hunting of gray whales by the Makah Indians. Olds

18. Gene Bernardi, Committee to Minimize Toxic Waste, regarding the Tritium Issues Workgroup. Dean

19. Rosalina White, Public Utilities Commission, regarding the 415/510 area code overlay.

20. Brenda Quan and Kit Wong, petition regarding the relocation of the Farmer's Market. Breland, Spring

21. John Vance, A First Amendment Center, regarding New York City Mayor Rudy Giuliani; George Bush; antiwar demonstrations in Santa Cruz.

Supplemental Communications and Agenda Reports

Re: Item 29, Oppose Knight Initiative
1. Brenda Crawford, East Bay Lesbian/Gay Democratic Club

Re: Item 40, Zoning Appeal of Use Permit 99-1000003 - 1466 Seventh
2. Lisa Theobold and Simon Rossoff

Re: Item 43, Evaluate Street Design Guidelines
3. Mayor Dean Revised Report

Re: Addendum to Communication Item 5, Berkeley business licenses
4. Arthur Stopes III, Center for Unalienable Rights Education

Re: Addendum to Communication Item 1, sidewalk obstructions on the 1800 block of Euclid
5. Joan M. Torykian

Adjournment

Action: Moved, seconded, carried (Worthington/Breland; Absent – Maio) to suspend Council rules to extend the meeting to complete the agenda.

The meeting adjourned at 11:40 p.m. in memory of Mark O'Brien.   


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