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BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, SEPTEMBER 28, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:26 p.m., All present.

Ceremonial Matters:

a. Domestic Violence Awareness Month-October 1999

b. Hispanic-Chicano-Latino Heritage Month - September 15-October 15, 1999

Action: Presented proclamations.

Comments from the City Manager:

  • A meeting regarding playing fields at East Campus is being held at this time and another will be scheduled on October 5, 1999.
  • Currently, the bay area is experiencing high fire danger weather. Fire and Police Department personnel will be patrolling the hill areas of the city to spot any potential fire problems.

Comments from the Public: Ten speakers.

Consent Calendar

Action: Moved, seconded, carried (Worthington/Olds) 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. 60,209-N.S.

2. Ordinances for Second Reading
(First Reading 9/14 - Vote: Abstain - Armstrong, Olds, Worthington; Absent - Breland):
a.
Amending Berkeley Municipal Code Section 14.56.050A to add streets in the area bounded by Dwight Way, University Avenue, McKinley Avenue and Sacramento Street to be controlled with a five ton gross vehicle weight limit.
Action: Adopted second reading of Ordinance No. 6508-N.S. Effective October 28, 1999. (On second reading - Noes -Breland)

First Reading 9/14 - Vote: Unanimous; Absent - Breland):
b. Amending Berkeley Municipal Code Title 23, Zoning, by amending Sections 23F.04.010, Definitions, and Sections 23E.80.030 and 23E.80.045, regarding material recovery enterprise.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Adopted second reading of Ordinance No. 6509-N.S. Effective October 28, 1999. (On second reading – All ayes)

3. Lawsuit Settlement: John Sparks
From: City Manager
Recommendation:
Adopt a Resolution approving a settlement of Alameda County Superior Court Action No. 806864-0 in the matter of John Sparks for $26,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,210-N.S.

4. Lawsuit Settlement: Joseph Baker
From: City Manager
Recommendation:
Adopt a Resolution approving a settlement of Alameda County Superior Court Action No. 810680-5 in the matter of Joseph Baker for $8,500.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,211-N.S.

5. Annual Assessment: Downtown Berkeley Business Improvement District
From: City Manager
Recommendation:
Adopt a Resolution approving the calendar year 2000 Annual Report for the Downtown Berkeley Business Improvement District; declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2000; and directing the City Clerk to schedule a public hearing on October 19, 1999 to consider levying a renewed assessment for calendar year 2000.
Contact: Bill Lambert, Economic Development, 705-8180
Action: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded, carried (Spring/Worthington; Absent - Woolley) to adopt Resolution No. 60,212-N.S.

6. Waive Building Permit and Design Review Fees
From: City Manager
Recommendation:
Adopt a Resolution waiving building permit and design review fees in the amount of $5,000 for the Women's Daytime Drop-In Center due to unexpected construction delays.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,213-N.S.

7. Predevelopment Loan: 2700 San Pablo Avenue
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a predevelopment loan from Bayer mitigation funds for Jubilee Restoration, Inc. and Panoramic Interest in an amount not to exceed $20,000 for a proposed low and moderate income mixed use project at 2700 San Pablo Avenue.
Contact: Stephen Barton, Housing, 644-6001
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Olds/Breland; Noes - Shirek, Worthington, Maio; Absent - Spring) to adopt Resolution No. 60,214-N.S.

8. Contract: Asbestos and Lead Abatement for Civic Center Building Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Forensic Analytical Specialties to provide asbestos and lead abatement monitoring services for the Martin Luther King Jr. Civic Center Building Project by increasing the amount $37,160 for a total contract amount not to exceed $60,160 and extending the period through November 1, 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Adopted Resolution No. 60,215-N.S.

9. Certify Zoning Adjustments Board Decision Regarding 1608 Fourth Street (to be delivered)
From: City Manager
Recommendation:
1) Certify the decision of the Zoning Adjustments Board (ZAB) action of September 23, 1999, relevant to Use Permit 99-10000052, the former Courtald's industrial site located at 1608 Fourth Street; 2) schedule the matter for a public hearing on October 19, 1999 for consideration of the proposed project and ZAB's action; and 3) Waive Council Rules to take action on the project the same night as the public hearing.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Approved recommendation.

10. Contract: Marina Dock Storm Damage Repair
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for Marina Dock Storm Damage Repair; accepting the bid of M.B. Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $442,684 for the period September 29, 1999 through April 1, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,216-N.S.

11. Contract: Emergency Sidewalk Repair Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Fiscal Year 2000 Emergency Sidewalk Repair Project; accepting the bid of AJW Construction; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $680,229 for the period September 20, 1999 to June 30, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

a. City Manager Supplemental Report (to be delivered)
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,217-N.S.

12. Contract: Spiral Sidewalk Repair Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Fiscal Year 2000 Spiral Sidewalk Repair Project; accepting the bid of AJW Construction; and authorizing the City Manager to execute a contact and any amendments in an amount not to exceed $338,551 for the period September 30, 1999 to June 30, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,218-N.S.

13. Contract: 2455 Prospect Street Construction (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to negotiate and execute a contract and any amendments in an amount not to exceed $75,000 for project management of planning, architectural and construction management services at 2455 Prospect Street pursuant to court order in the event owner does not complete mandated work by specific date.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 60,219-N.S.

14. Berkeley Campus Policy Regarding Replacement of Parking Facilities by Capital Projects
From: Councilmembers Worthington and Spring
Recommendation:
Adopt a Resolution calling on the University of California Chancellor to: 1) review and revise the "Berkeley Campus Policy Regarding Replacement of Parking Facilities by Capital Projects", 2) hear pros and cons about the policy, and 3) consult with the City Council, Transportation Commission, neighborhood representatives, ASUC Senate, and others affected but not included in this decision.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

Actions: Removed from the Consent Calendar by Mayor Dean. Moved, seconded, carried (Worthington/Spring; Abstain - Olds; Absent - Woolley) adopting Resolution No. 60,220-N.S. calling on the UC Chancellor to review the "Berkeley Campus Policy Regarding Replacement of Parking Facilities by Capital Projects"; and revise it to provide for a blanket exemption for housing projects.

Moved, seconded, carried (Worthington/Spring; Abstain - Olds, Dean; Absent - Woolley) to request that part of the review will be to hear pros and cons about the policy, consultation with the Berkeley City Council, Transportation Commission, neighborhood representatives, ASUC Senate, and others affected but not included in this decision.

15. Discontinue Criminal Charges Against UC Berkeley Students
From: Councilmember Worthington and Vice Mayor Shirek
Recommendation:
Requests University Chancellor Robert Berdahl to: 1) Immediately discontinue all Office of Student Conduct proceedings against Maria Brenes, Eva Camarena, Francisco Casique, Joanna Eveland, Sara Kaplan, Charles McNally, Shaheed Mustafa, and Christopher Zamani, and that no punitive measures be taken against them as a result of their participation in the actions taken in support of the Department of Ethnic Studies; 2) Take all actions within the Chancellor's power and purview to facilitate the dismissal of all criminal charges against Victor Alarcon, Francisco Casique, Joanna Eveland, Charles McNally, Shaheed Mustafa, and Christopher Zamani, including but not limited to written communication to the Alameda County District Attorney expressing this request; 3) Rescind and erase from students' records all "Letters of Admonishment" issued to student protestors; and 4) Reinstate Sara Kaplan to her job at the Recreational Sports Facility.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Shirek/Spring; Noes - Armstrong, Olds, Dean; Absent - Woolley) to approve recommendation.

16. Parking Enforcement Policy
From: Councilmember Armstrong
Recommendation:
Ask the City Manager to establish, effective October 1, 1999, an enforcement policy for traffic tickets that stipulates parking enforcement officers will negate a parking ticket if the driver being ticketed appears while the ticket is being written.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Approved recommendation as revised by Councilmember Armstrong to apply to parking meter violations only. (Abstain - Shirek)

17. West Berkeley Air Quality
From: Councilmember Spring
Recommendation:
Request the City Manager send a letter to Bay Area Air Quality Management District (BAAQMD): 1) expressing Council's concerns regarding the cumulative impact of BAAQMD discharge permits to West Berkeley air quality and public health; 2) request that BAAQMD conduct an area-wide emissions exposure study for Pacific Steel Castings and other BAAQMD permit holders within one quarter mile of Gilman and Second Streets; 3) study to include a review and evaluation of emission inventories, ambient air monitoring, dust/soil testing and a modeling/risk assessment component to estimate exposure to air toxics in the immediate area.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Councilmember Maio. Held over to October 12, 1999.

18. Landmarks Preservation Commission Designation of 725 Gilman Street
From: Mayor Dean and Councilmember Olds
Recommendation:
Certify to Council the designation by the Landmarks Preservation Commission of 725 Gilman "Hot Dip Galvinizing", as a Structure of Merit.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Armstrong/Breland; Noes - Worthington; Absent - Woolley) to set the matter for public hearing on October 19, 1999.

19. Sidewalk and Median Strip Signs
From: Mayor Dean and Councilmember Maio
Recommendation:
Refer to the City Manager an amendment to Berkeley Municipal Code Section 20.16.190 which would allow ground signs on all Saturdays and Sundays of the year, retaining all conditions in the current ordinance and adding a new condition that all signs must be removed Sunday evening; scheduling the amended ordinance for first reading on October 12 and the second reading for October 19 if, in the opinion of the City Attorney, the proposed amendment can be fast-tracked.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Maio/Spring) to approve the recommendation as pertains to medians; to refer the sidewalk sign portion to an informal consultation process involving the disabled community; to give City Attorney flexibility as to the geographic area; and to request the Attorney bring the matter back as quickly as possible.

20. Appointment to the Berkeley Housing Authority
From: Mayor Dean
Recommendation:
Adopt a Resolution appointing Helen Rippier Wheeler to the Berkeley Housing Authority for a two-year term.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Adopted Resolution No. 60,221-N.S.

21. Spay-Neuter Ordinance Presentation
From: Councilmember Spring
Recommendation:
Set aside 10 minutes at the beginning of the public hearing on November 16th regarding the Spay-Neuter Ordinance, to view an excerpt of a documentary film on companion animal over-population.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation. (Abstain -Maio, Woolley)

22. Establish a Telecommunications Task Force
From: Councilmembers Worthington and Maio
Recommendation:
Adopt a Resolution establishing a Telecommunications Task Force by the Fair Representation Ordinance, that will sunset after one year, to examine telecommunication issues and address the following: 1) Promoting universal access to cable and the Internet to every Berkeley resident; 2) Exploring methods to insure low-income residents can participate fully in receiving Cable TV as well as the full range of telecommunication services; 3) Exploring invitations of bids from an overbuilder of cable systems to offer competitive video, internet, and telephony services to Berkeley residents; 4) Insuring all people in Berkeley including low-income residents have affordable access to the Internet; 5) Studying the feasibility of making converter boxes available for purchase as well as rent; 6) Insuring full funding for Berkeley Community Media; 7) Studying how to fully implement four Public Access Channels; 8) Requesting and reviewing quarterly status reports on the number and classification of complaints, as well as the resolution of those complaints; 9) Looking at the TCI annual survey of residents, businesses, and educational institutions, and suggest improvements to survey questionnaires; 10) Participate in a seven-year review and update session in order to ascertain the level and quality of service; 11) Develop a process for the City for keeping the community informed of new options in telecommunications; 12) Refining and expanding these tasks if deemed necessary; and 13) Exploring open access in the use of lines by other Internet Service Providers.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359
Action: Removed from the Consent Calendar by Councilmember Armstrong. Held over to October 12, 1999.

23. HAAS Pavilion M.O.U. 30-Month Status Report
From: Councilmember Worthington
Recommendation:
Request the City Manager appoint a staff person to review the status of implementation of the Haas Pavilion Memorandum of Understanding and report back with the status: 1) The preliminary report should primarily focus on the concerns of small business owners, neighborhood residents, and the community concerns represented in Section C - Fiscal and Economic Measures 1 through 7 (as outlined in this report); 2) A later report should more thoroughly address the complete complicated MOU, but the time sensitive nature of Section C requires a prompt report on this section; and 3) Include the continued availability of Edwards Field to community runners in the preliminary report.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation. (Noes - Olds)

24. University Shuttle in South Campus Neighborhoods
From: Vice Mayor Shirek and Councilmember Worthington
Recommendation:
Direct the City Manager to inform the University of California Chancellor's Office that until the University complies with all applicable City, County and State laws and submit its plans for expanded University shuttle in the South Campus neighborhoods to the appropriate City boards and commissions, that this shuttle activity be suspended; and that the City Manager have the Berkeley Police Department enforce all existing City Traffic Ordinances, including noise, tonnage restrictions, etc. regarding the University's Southside shuttle service.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Worthington/Shirek; Absent - Woolley) to approve the recommendation amended by Councilmember Worthington to request the City Manager write a letter to UCB expressing: 1) great dissatisfaction with the University establishing a bus route on a residential street from 9:00 p.m. to 3:30 a.m. without consultation with the City Council, the Transportation Commission, or the neighborhoods affected; 2) serious concern for the safety of students on buses, including buses stopping in the street without properly designated bus stops; 3) also concern with the UC administration’s apparent disregard for state and city regulations regarding noise, tonnage restrictions, signage and traffic ordinances; 4) appreciation of the efforts made and endorsing the process and the points listed in the agreement reached with various neighborhoods and the City in the letter to the Council from UC Public Safety and Transportation Director dated September 28, 1999 regarding nighttime safety shuttle issues; and 5) requesting UC work with any other affected groups and neighborhoods to come to resolution of issues affecting them.

S.1 Waiving Fees for Big Mountain Vigil
From: Councilmember Worthington
Recommendation:
Adopt a Resolution waiving fees for the use of Cesar Chavez Park and Ohlone Park on October 2, 1999 and Civic Center Park on October 3, 1999.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 60,222-N.S.

S.2 Proclamation and Waiver for Banner for Indigenous People's Day
From: Councilmembers Worthington and Spring
Recommendation:
Adopt a Resolution supporting a proclamation for Indigenous People's Day and allowing an exemption to Berkeley Municipal Code Section 20.24.040 to hang a banner across Shattuck Avenue to invite people to attend the Annual Indigenous People's Day Celebration on October 9, 1999 at Civic Center Park.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember
Action: Adopted Resolution No. 60,223-N.S.

Presentations

25. Fire Free 88: Fire Resistant Paint
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Heard presentation.

26. Update on San Pablo Avenue Transit Corridor
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Heard presentation.

27. Gang Violence Prevention Initiative
From: Councilmembers Spring, Breland, Worthington, and Vice Mayor Shirek
Recommendation:
Adopt a Resolution supporting the efforts by the Berkeley High School youth group "Berkeley High School Youth Together" and offering Berkeley's youth positive solutions by opposing AB 1735 and a State-wide initiative based on AB 1735 known as the "Gang Violence Prevention Initiative"; and requesting the City Manager inform our elected State representatives and ask them to join us in opposing this draconian legislation.
Contact: Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400; Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243
Action: Heard presentation. Moved, seconded, carried (Shirek/Armstrong) to adopt Resolution No. 60,224-N.S.

Action Calendar

Appeals:
28. Zoning Appeal of Use Permit 99-20000082 - 1328 Walnut Street
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving a Use Permit to Judith Buist to construct a 1,393 square foot residential addition to the rear of the structure, including a bedroom, dining room, bathroom and decking at 1328 Walnut Street and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communications from:
1. Marilyn Siegel
2. Judith Buist, applicant
Contact: Sherry M. Kelly, City Clerk, 644-6480

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

Moved, seconded, failed (Spring/Maio; Noes - Olds; Abstain - Armstrong, Breland, Dean; Absent - Woolley) the main motion to uphold the Zoning Adjustments Board decision. The matter will be placed on the October 12, 1999 agenda.

Old Business:

29. Voting Delegates, Annual Congress of Cities (held over from September 14 meeting)
From: City Manager
Recommendation:
Designate a voting delegate and alternate to act on behalf of the City at the policy-making meeting of the Annual Congress of Cities and direct the City Clerk to transmit the names of the delegates to the National League of Cities no later than October 11, 1999.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to Consent Calendar by Councilmember Worthington designating Mayor Dean as voting delegate and Councilmember Maio as alternate; and authorizing a City Manager designee if neither can participate.

30. Council Operating Budgets (D-13) (held over from September 14 meeting)
From: City Manager
Recommendation:
Adopt two Resolutions to 1) Establish general policy guidelines for Council Operating Budgets (staff salaries, fringe benefits and operating expenditures) and establish an allocation of $48,480 per Councilmember for FY 2000 with cost of living adjustments for Council Aide salaries and fringe benefits beginning in FY 2001 and 2) authorize an additional $15,000 in Councilmember Spring’s operating budget for FY 2000 and $15,000 for FY 2001.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Action: Moved to Consent Calendar by Councilmember Worthington. Adopted Resolution No. 60,225-N.S. and Resolution No. 60,226-N.S. as revised by staff( Noes - Armstrong, Olds; Abstain - Woolley, Dean).

a. Reports from Councilmember Spring (dated September 28, 1999)

1. Recommendation: Adopt a Resolution, that in the interest of the public’s right to know how elected officials are reimbursed for discretionary expenditures, that Councilmembers not voting for the policy to increase the Council’s discretionary allowance must file an information item on a Council Agenda if they want to apply for the increase at a later time.
Action: Withdrawn by Councilmember Spring.

2. Recommendation: Take action on the 1999-2000 Mayor’s budget recommendation as follows: 1) Approve yearly cost-of-living increases for her aides’ salaries budgeted at an annual minimum of $129,697 not including benefits. These cost-of-living increases be consistent with the cost-of-living increases provided to the unrepresented class of City employees; 2) $19,635 for non-personnel expenses; 3) $18,000 in discretionary funding for a total of $167,332; 4) Provide for carry-over of unexpended FY1999 appropriations to FY2000 for non-personnel expenditures only; and 5) Commencing in FY2000, provide for annual carry-over of unexpended discretionary appropriations (excluding fringe benefit allocations) to subsequent fiscal years for non-personnel expenditures only, in an amount not to exceed $5,000.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Withdrawn by Councilmember Spring.

31. University Avenue Median Landscaping (CR 98-77) (held over from September 21 meeting by Councilmember Olds)
From: City Manager
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Moved to Information Reports by Councilmember Olds and received and filed.

32. Decision on Public Hearing Regarding Creating 4-Way Stop at Intersection of Euclid/Virginia (see September 21 packet for material)
From: City Manager
Recommendation:
Adopt a Resolution amending Section 20 of Resolution No. 56,502-N.S. by modifying Subsection 20e-24 to designate the intersection of Euclid/Virginia as a 4-way stop.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Councilmember Olds. Adopted Resolution No. 60,227-N.S. (Abstain -Armstrong)

33. State Infrastructure Bank (held over from July 20 and September 14 meetings)
From: Mayor Dean
Recommendation:
Request the City Manager do an analysis of funding up to $47.5 million of unfunded street repairs through a loan from the newly established State Infrastructure Bank; that the City Manager is to consider the source of funds to be used for payback of this loan as the General Funds which have been designated for street repair (approximately $1 million); that given the interest rate which will be imposed and the amount of available funds for payback that the City Manager advise the Council what size loan would be appropriate and what steps should be taken at our next meeting September 14, 1999.
Contact: Shirley Dean, Mayor, 644-6484
Action: Held over to October 12, 1999.

34. Process to Amend West Berkeley Plan and Zoning Ordinance (held over form July 20 and September 14 meetings)
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 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 different from what is described above, they should feel free to make that recommendation to the Council.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember Dist. 6, 644-6399
a. City Manager Report (dated September 14, 1999)
Recommendation:
That no action be taken to initiate an amendment to the West Berkeley Plan and Zoning Ordinance to allow retail in the Mixed Use-Light Industrial (MULI) District and that zoning enforcement action be delayed until March 2000.
Contact: Elizabeth Epstein, Planning and Development, 705-8105
Action: Held over to October 12, 1999

35. Public Comment Rules (removed from Consent by Councilmember Spring and held over from September 14 meeting)
From: Mayor Dean
Recommendation:
Refer to the Council Committee on Rules a proposal to eliminate the practice of allowing speakers during the public comment period to defer their time to another speaker.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Held over to October 12, 1999

36. Berkeley Millennium Celebration (removed from Consent by Councilmember Maio and held over from September 14 meeting as revised)
From: Mayor Dean and Councilmember Breland
Recommendation:
Support the following as Berkeley's Millennium Celebration: 1) Add to the National theme of "Honor the Past, Imagine the Future" a City of Berkeley theme of "A Call for Peace"; 2) In accordance with the recommendation of the Police Chief, the City will neither encourage nor sponsor any large gathering of people on Friday evening, New Year's Eve, December 31, 1999; 3) Sponsor an historic exhibit in the Veteran's Memorial Building, "Berkeley Then and Now" and the publication of a Berkeley Time Line written by members of the Berkeley Historical Society and allocate $800 to the Historical Society for this purpose; 4) Endorse the sale of Berkeley Millennium Peace Bells as a memento of January 1, 2000, advancing a loan for the purchase of the bells to be repaid from their sale; request that the Berkeley Unified School District have school children make peace bells as a classroom project; and urge all residents through public service announcements, flyers sent home with school children, letters to watch groups, etc. that instead of firing guns into the air or setting off fireworks or other noise makers, that residents ring a peace bell from their home at the stroke of midnight January 1, 2000; 5) Purchase a stainless steel time capsule into which individuals, families, households, groups, institutions, churches, schools, businesses will be invited to submit written messages to the future on special acid-free paper and black and white photos of themselves or Berkeley scenes. The capsule to be designed and placed as a work-of-art in a public building such as the Main Library, the Civic Center Building or the Public Safety Building. The capsule to be opened in about 220 years. It is proposed that the opening date of the capsule be set for February 22, 2222. Costs of the capsule are to be self-financed through fees, with provision made for scholarships for those who cannot afford the fee; 6) Endorse the commissioning of the composition of an official Berkeley song, and a Berkeley poem which also could be engraved upon the surface of the time capsule; 7) Endorse the raising of private funds for: a) the purchase of an electronic carillon to strike the hour and half-hour and play Westminster chimes at an appropriate hour in the Downtown Area. Approval by a majority of the people within the area affected by the sound of the carillon will be sought, and an option for the purchase and installation of a silent clock in the belfry of Old City Hall is also to be considered; and b) the commissioning of a composition by Kent Nagano and performance of a Berkeley Symphony, or other type of composition, e.g. piano sonata, quartet, etc., by the Berkeley Symphony Orchestra; 8) Explore with the Civic Arts Commission, the possibility of commissioning through competition or other process the creation of a major public art sculpture made from melted-down guns; 9) At a date to be announced in the Year 2000, hold a public, "I survived Y2K" ceremony, at which time the poem would be read, the song played, the symphonic composition played, and the time capsule closed and its future location announced; and 10) Request the University of California Berkeley Campus toll the midnight hour, December 31, 1999 from The Campanile.
Contact: Shirley Dean, Mayor, 644-6484
Action: Held over to October 12, 1999.

37. Development of Oxford Street Lot (held over from September 14 meeting by Councilmember Spring with a revised recommendation)
From: Councilmember Spring
Recommendation:
That the City-owned Oxford Parking Lot be designated, in the event that it gets developed as an Opportunity Site for very-low-income residential units at least half of which have to be affordable to people at 50% and below the median income. In particular, we encourage the creation of co-op and co-housing units and plans designed to create a mixture of families, students, and seniors that reflects the diversity of Berkeley's population. This recommendation should not conflict or interfere with the need to replace the existing amount of public parking as well as additional parking appropriate for new development at the site. Due to the importance of this parking being available to short term parkers in the downtown area, the City would retain control of the parking. This plan also wants to encourage the construction of space for public cultural elements (e.g. theater companies or art galleries), since any project at the site should contain substantial pedestrian-friendly commercial space covering as much as physically feasible of the Oxford, Allston, and Kittredge frontage, or second-story space where more practicable. Any development of the site will undergo a thorough planning process involving all the stakeholders. This issue will be referred to the Council Sub-committee on Central Berkeley.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to October 12, 1999.

38. Stepped-up Enforcement of Seismic Retrofitting Requirements (held over from September 14 meeting)
From: Mayor Dean and Councilmember Olds
Recommendation:
1) Establish a priority in all City Department Work Plans for 1999-2000 for stepped-up enforcement of seismic retrofit requirements for the highest risk category, particularly theaters, which are on the City's list of Unreinforced Masonry Buildings (URMs); 2) all theaters will be looked at for seismic safety whether on the URM list or not; 3) assign a risk category to soft-story apartment buildings and include these buildings as a priority if the risk category is of the same magnitude of the highest risk category used for the URM list; 4) that given information gained from the Northridge Earthquake about welded steel frames that staff consider including other buildings on the priority list for stepped-up seismic retrofitting if they meet the highest risk category; 5) that staff report back as soon as possible but no later than 45 days for a work plan with a timeline on proceeding with these evaluations and stepped-up enforcement actions; and 6) that this report be reviewed by the Seismic Technical Group before it is brought to the Council.
Contact: Shirley Dean, Mayor, 644-6484
Action: Held over to October 12, 1999.

Information Reports

39. Animal Care and Control (CR 99-84)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

40. Skateboard Features in City Parks (CR 97-131)
From: City Manager
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Received and filed.

41. Camp Fees for Non-Residents (CR99-89)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Received and filed.

42. National Endowment for the Arts Grant Application
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
Action: Received and filed.

Communications

Action: The following were read, noted and filed unless referred to the City Manager as indicated.

1. Rosemary Vimont, regarding East Campus Playing Fields. Breland, Spring.

2. Jennifer Logan, Physicians for Human Rights, regarding U.S. Campaign to Ban Landmines.

3. Norine Smith, regarding 1999 General Plan. Spring, Worthington

4. Joel Myerson, regarding parking meters. Maio

5. Karen Sarlo, regarding Berkeley Unified School District upcoming events.

6. Carol Denney, regarding accessibility at publicly funded events. Dean

7. Patrick Kennedy, Panoramic Interests, transmitting articles regarding traffic and housing.

8. Rachel Rupert, Chamber of Commerce, regarding Southern Pacific and Santa Fe Railways land dispute. Breland, Dean

9. Neighbors for Responsible Development Committee, regarding Environmental Impact Report for development of 2700 San Pablo site. Breland, Spring, Worthington, Dean

10. Brenda Klutz, Deputy Director, State Department of Health Services, thanking Council for their opposition to the closure of Oakland Kaiser Permanente Hospital. Breland

11. George Killingsworth, regarding Black Repertory Group.

12. L.A. Wood, transmitting article regarding P.S.C. Air Emissions. Breland, Spring, Worthington

13. Cindi Goldberg, regarding mandatory Spay/Neuter Ordinance. Olds

14. Jesse Townley, transmitting petition and letters regarding 924 Gilman Street Project.

15. Michael Albert, Z Magazine/Znet, regarding East Timor. Worthington

16. Clifford Fred, regarding proposed City-Campus Planning Advisory Group. Breland

17. Herb and Saundrah Clark Grevious, regarding Black Repertory Theater.

18. Susan Cerny, regarding landmarking of the Tuttle Manufacturing Company at 725 Gilman Street.

19. John Vance, First Amendment Center, regarding KPFA/Pacifica/Mumia/Chiapas/East Timor.

Supplemental Communications
And Agenda Reports

Re: Item 5 – Annual Assessment: Downtown Berkeley Business Improvement District

20. Rauly Butler, Mechanics Bank

Re: Item 7 – Predevelopment Loan: 2700 San Pablo Avenue

21. Daniele Spellman

22. P. Teichner

Re: Item 15 – Discontinue Criminal Charges against UC Berkeley Students

23. Horace Mitchell, Vice Chancellor-Business and Administrative Services

24. Mayor Dean, Article from Daily Californian

Re: Item 16 – Parking Enforcement Policy

25. Councilmember Polly Armstrong, regarding No Parking zones

Re: Item 17 – West Berkeley Air Quality

26. L. A. Wood Spring, Worthington

Re: Item 27 – Gang Violence Prevention Initiative

27. Councilmembers Spring, Breland, Worthington and Vice Mayor Shirek

Re: Item 32 – Decision on Public Hearing Regarding Creating 4-Way Stop at Intersection of Euclid/Virginia

28. Martha Jo Chalmers

29. Bruce Lescher, Jesuit School of Theology at Berkeley

30. Jill Marshall, Jesuit School of Theology at Berkeley

31. Eduardo Fernandez, Jesuit School of Theology at Berkeley

Re: Item 35 – Public Comment Rules

32. Michael Katz Worthington

Re: Item 37 – Development of Oxford Street Lot

33. Rachel A. Rupert, Chief Executive Officer, Berkeley Chamber of Commerce

Re: Communications

34. Clifford Fred, re City-Campus Planning Advisory Group

Adjournment

Action: Moved, seconded, carried (Maio/Breland) to suspend Council rules and extend the meeting past 11:00 p.m. to complete certain items.

The meeting was adjourned at 12:05 a.m. in memory of Eleanor January.


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